The Camden journal. [volume] (Camden, S.C.) 1866-1891, 1869-02-27


his action thus took of the order was so much I'M
pressed with myself that could have got before Honor we
should dissolve the Injunction and have great faith
that the circumstances the could successfully make ha
motion
have said all ought say, but would not be doing justice to
the case and particularly venerable Judge who has been assaed
here omit further auson to the several grounds on "h
opponents claim that the proceedings in the case before him were
irregular illegal and void have already referred to two Iner
third ground That the Legislature Of the State OF South Carolina
in the No. 42 did intend either in express terms or by nee
esary implication give any railroad corporation the power to
disturb invade affect destroy the franchises of another corpora
unless thereto specially authorized by the proper department. OF
the State government That in the eighth section Oh the same M
the Legislature intend do than by express enactment
ae its powers all land and rights OF way
liability But that the right and and
power eminent domain itself one OF the highest at
tributes of sovereignty the State the exercise and control OF
which resides the legislative department of the government OF the
State and the delegation of which, when claimed by person cor
poraton be shown by enactment or implication 50
necessary that equivalent to express enactment ana nt no
would disregard this high power that any per-
corporation by obtaining charter to build raroa would
thereby obtain delegation of sovereign power of the State to
impair and perhaps destroy only existing rights OF property but
also the peezstng grant OF franchise by the oae " oe cor
porations.'
I pass to the fourth"
hat there could be no legal condemnation of lands rights of
wav under said No A. until the legal right OF the Columbia and
Railroad Company take the lands and rights way prayed
adudged the competent tribunals of the State That
ton the of 1865 and that according the settled law OF the
Carolina whenever the right the petitioner con-
o he nIi the order for mpanng Jury can be made
submit that that mistake and that the order by the
matter his discretion When or how trial is TO De had also
matter his determination If he had fit to have ordered
trial before Jury could have done 1t rested entirely with him.
and was for him determine how the preliminary trial should be
had had That such Investigation of the right must be
preliminary is an assumption of the counsel the other side and
gentlemen find of the statutes Tor uch
nronoion If the Judge seeing railroad condition.
case pending that continued wanted that could
be present. and delay necessary consequence ne certainly couu
go pane the jury obtain the compensation money and reserve
his decision This Judge Pt has done and claim that
because exercised that right the result of his action there
FORE the subject of prohibition But to continue po,
Filth That in and by the return Of the South Caroline haSo
Company the and of the filed before
Judge Pa the legal right Of the Columbia and Augusta Railroad
Company raversed and put issue and was the duty OF MS
Honor Judge heard and decided the question OF right
cause the heard and decided before granting the
Sxb That proceedings having been instituted equity side Of
the Circuit Court Rchand County to test the legal right OF the
and Augusta Railroad Company condemn the lands ana
rights Of way the South Carolina Railroad Company and notice
proceedings equity having been brought the attention NIB
Honor Judge Pa the Of the South Carolina Railroad
Company was duty of said Judge withhold the order tor
jury until the question legal right had been adJudged SAID
That may be the opinion of counsel but Judge Platt thought
differently Prohibition is to stop something and 90 not no" now
YOU get this matter by such writ he has already deaeo
question and consequently you prohibit at all something
already done. I'D.
cember did declare that under AZ his functions u
dic and ministerial and that he was the only con
judicial agent the State under the Act AZ to enforce ITS
he refused decide asserted rights
except the simple one OF hmdanGe and heIeDy refused
decide the question of but did hear and decide the
"bysa jury" $685.. .
Your Honors will permit observe that the whole discussion
reference opinion of Judge P entirely outside OF the matter
The question his mandaehe order Judge Patt might
based his order reasoning Your aonos are
well that matter OF course to allow the opinion OF
Court be read The opinion is not the Judgment IS the
decree the with which have dea and what did Judge
P order That should be mpaneed and decide the ques
n compensation When he determined not entertain anything
but the question of hndrance decision against our
friends on the other side and the which that be
ected by taking the matter before the Court which week
Edgefe apprehend that the appeal everything When
YOU appeal compensation the whole again comes before Judge
P has been committed he will then and there correct
it. The upon this subject "Tha from the verdcts so rendered
shall be the right of either party appeal the hrs term OF the
"Ccut ensuing the county and the hearing
such appeal shall be satisfied of the reasonable sucen
shall be ordered in which the appellant shall
actor the question of compensation shall be theeupn sub
jury open Court whose verdict shall be final and con-
"uv unless writ of new trial shall be ordered Dy the
Supreme Court"
This whole matter therefore, be reviewed by Judge Pa and
still rules wrongly the remedy not by prohibition but by
writ Why should you undertake change this law
sufficient that the be brought before you y writ OF
error? ..... ..sEr.
Eighth That Judge Pat granting the order of
December H. mpaneng jury did declare the opinion accom-
panyng said ORDER that could result the South Carolina
Railroad Company and prejudice their right because after the
Augusta Railroad Company apply for dissolution OF the in
Junction and show that they had acquired the right and that the
question of legal right would then be decided when in fact the
for the jury followed by its assessment for compensation and
the tender by the Columbia and Augusta Railroad Company OF the
assessed h of which the legal OF the applicant
of the Cour affords the claimant the evidence
having the right and thus RENTS the South Carolina hall