The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1869-01-29


Isl S5hy, for it is there that we find what
g 10 the Aet A"d Of s5s s a S5e tS
formed for the construction of railroad
Columbia to the River Ham
burg In 1865, when that charter amended the
speedily as may be practicable"
By the eighteenth the pro
ved: company shall have the right when necessary
to conduct the said road across or aog any public road or
public road without another equally good and as
Section To- In the absence Of any contract etc. it shall be
that the land which the road
road has been granted to the company"
Section Gal lands heretofore granted appropriated
centre of the oad shall vest the compay Any grant Of
thereafter "shall be void
the claim Of the Columbia and Augusta Railroad COMPANY
to the amended 1863 location marked but
power between only There
no clear
delegate to it without qualification the exercise
railroad where it's terni simply are given is opeston that
has passed into legal adjudication as shall presently show
course; and the wenyfrs section corporation
claim upon land which has been appropr
ated by the law to The use of the State.
proprietary grant OF the State OF all lands not otherwise app
claimed that which has been already appropriated
land corporation is authorized by take from
law the of the State. The Columbia Augusta Rail
pa G an bot n under grant or
given appropriate which had been aeadv
the State other words the CoJba and
Augusta Railroad Company claim what its charter especially
excludes it from claiming.
And nov wish to bring directly notice the
Company for sixtyhve feet submit, that when corpo
ration goes before the Legislature South Carolina
sixtyfve feet from tho the road IS cvun
which every Court will consider determining
direction of the road. And when the General Assembly
this State gave the Columbia and Augusta Railroad Company
on
each side Of the Of their road the time declaring
of the State h within the power corporation
to say it will take but twenty feet by that procure
of sxtyfve feet Its charter contract between the
any land it was not expressly auhozcd to taIe The
right locate the road with right sixty
Ralroa Raj Companv ~ WIerevor h le Ch pl iHo
charter gives sixtyfve feet from its And Judge
Platt has locate the line OF that road he has power
to deny to that right incident that limo which
the charter gives If he has locate the line upon
right of way Of tho South Carolina Railroad only
because it the right Of the Columbia and Augusta Railroad
to have there its line and if such is its right lie
limit greater than its charter provides.
Your Honols have had read to You the bill filed by the
in eontroversV n a ' M b h %, '@ h hS e was WAS
have read Columbia and Augusta
M KalIoad COMPANY denyn that was in controversy Per
the Columbia and Augusta Railroad Company:
Further these defendants and admit that they
Charlotte South Carolina Railroad within the city limits
of Columbia through the Town Of Hamburg point the
Georgia Balroad within the city limits OF Augusta They
state that the first Of said limo early
Gas the spring and OF 1854 under granted
the Act OF the General Assembly ratified the goth day
December A. D. 1888 but which repealed by the Act
"the Assembly herebeore referred ratified the
of December A d. 1858 and that the surveys of the present
cline being worked made carly the fall Of
the year 1868 They admit that they have
"wor Of constructing their railroad track having
the grading in the fall Of 1868 Granilcvc the line
1.-The railroad Of companants which Charleston
Hamburg and subsequently, at srndry points along line
and that they have continued work since
"(except during few weeks after the march Of Gen.
Sherman's army through the State)
oft
" grading
"brdge hetrak
he
SonhC Crolnn
If ypasov
an nba oMoadCo
Of
bewon the State of South Carolina and the mpas
dcroGaon
Assembly referred to; they
in
ndncn aions
havoa alrdy
done towards in
which
thereto ",H mere de IF