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

assertion the company might enter upon any lands that
IN nope OF profitable speculation would induce take"
oompanys assertion of right should be
thers must be trial.
This whole may please Court entirely upon
that proposition namely party cannot by the mere as
vested right.
Now, corporation has powers given by
h he 9rgna charter or by subsequent legislation Whatever
ehe Soiumbla and Augusta Railroad Company us
t. must Se in courthouse they claim
the n fa c u6e 1ev nvm un to- aye 9 M their @ hG
then produce the Act Of Legislature which empowers that
authority charter nor is the proceeding here based
9 nelf charter but brought under different altogether
fsncusivo proof that When they mao appc"son to Jrdge
dmoh at 5Edgedcd and asked for condemnation th
the nad not the rights they claimed appeal taken
a not t. authorized %ti to take this land Why had Judge
mind % is, where is jurisdiction lodged?
nGnD9laonr Honor not only anticipates my
MY present object is to show that parties have no tile
under their charter Judge Arch ruled application
Judge patt 1868 Now as said before
no appeal was M taken from Judge Adrc opinion What
o"co Ac NO ~ passed. and under this
new procoedngs abandoning all attempts
psoper ss{9 under their charter On this basis the pending
the Let sa.ta 1 eAa1ss ar issa ts @ claim It alleged under
ege5 and franchises excusivey vested by
Lesisl'tlre and appropriate them their 1t
use That which is private property but conformation
to Their own of that which already dedicate
1
erty dedicated to public use hands dedicated
TO the same public iii the hands of exercise of
n ea private property condemned public This point
nees eaG0feted n with great care and pressed with
to condemn the franchise corporation
to s Howard p 5as, West River Bridge U.s. Dis
noges ilardhy mind is perhaps slow in raspng your
oorRoatiGn seeks condemn property under the
Da m and endeavo's to acquire that which is vested oy
inc e., chqrtel the proper remedy is by prohibition?
Sonhei-4'ot altogether. Your UOnOpS
plies to the appropriateness Of the remedy Wha
rightshe been violated discover the proper rer,ccy
arnoe FPss nM n0M "@n ] is that there is :
or ah$rizng corporation condemn private property
g"S u.s. Exc apfnisha nS has '9 4 % o 's h ea5r % oS @ "
icrInS the rights Of one to the hands Of another
Vest Bridge IS. Dix 6 Howard 53s
1t argued says Justice Mclean State i,a,
the aliferent charter This State cauDo do Ii
the same effect the the deosoS Of d U6ie = cS naw il
oson Water Power Company rs Bosom and Worcester Rail-
The authorities, therefore, point that ii an extra
Ordinary exercise of the power of eminent domain tn
winch is already appropriated to public
1t cessay, however in the line argument ,,l-
fono corporation for the benefit Of another We take
right part Of the State to take that Which, by
special grant, is the Of person corporation and
b ne no a eear ne o M a oS @ @ M
she given to the Columbia and Augusta Railroad Com
the right say the South Carolina Railroad Company
that which vested III you by prior legislation is
divested and all former grants repealed.
Ii must be evident your Honors that when power
great claimed by corporation the delegation Of that owe
by the State ought not to rest inference nplcuo
The parties must lay their hand the end chapter which
coniers the authority Has that been done thus ir2
Previous to the Of the Act OF 1865 the charter OF
every corporation provided the mode and by l
and the right Of he condemned But charter
was law ior itself and contained its conditions
atons the consequence therefore, in many
Inconsistency The object Of tho Act Of 1868 evidently
substitute for all these conflicting provisions
general rule Of practice which should obtain hroug th
State and be applicable all OF its Corporations The
preamble indicates It's purpose namely Am Act 70 lcci1 :jc
manner ~ which the lands the way ,.s
of persons corporations be th9n lu
and of railways and other works
1t is unnecessary cite authorities lcots t:,
effect of preamble upon the body Of
Interpretation, and here is plainly single oec,
sought to be accomplished The Act itself simply ,o
practice iii carrying this intent; is not
IN which contains any corporation past present QI
future 1t is only when the eighth ,hut
main object for moment Abandoned and o!c1acut
sought to be incorporated
1t here alone that the argument Of Tie other side
Ii they cannot show clear right divcst CT property
and vest it in themselves by Of this
DO so at all and the last vesgc Of legal authority will uc
laway Now what IL tho language used That lands on
right Of way which have heretofore, may ceajc pro
ho l,l,.ri, On Of a.