The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1869-01-29
ARGUMENT OF Ex-CnANcELLoR CARROLL.

May please the Comt: It my intention participate
this discussion G and IL am not therefore prepared present the
have received very strong and decided Impressions
especially with reference branch of the this with
your IIonors permission, will address few observations
Throughout the entire the cause has been treated though
the question of legal right the part of these defendants had
assumed both sides that the question which, avcd ought
of these defendants proceed under the Act of 1868 truth
investigated by Judge Plat apchcnd however that if his
The REALTORS served with due notice of the application made
Judge Pa by petition have the necessary proceedings
order to ascertain the of compensation which the South Caro-
Lima Railroad Company entitled for the appropriation of their land
According the ordinary regular procedure
bound in his the grounds Of his objection
the reasons relied upon why the of the petitioner should not be
granted The REALTORS conmcd to that rule and did make formal
answer to the notice served upon them wherein they set forth their
grounds OF objection to the proposed application Your onors will
Observe however, that these in forms with
much anphcao and multitude Of words but after ALL when summed
up, arc few in number
the described specific denial that by any
authority of the State has been given the defendants pro-
ators title to their land and the allegation that their lands and right
of way and the exclusive of the always
lands and right way Legislature
the United States Then follows the declaration that the powers rights
privileges granted by the Legislature have been confirmed by
judicial tribunals of the State the ample frn
powers rights and privileges their and by
exclusive for the purposes the South Carolina Railroad only
threatened with but have actually been cncoached and ncerc
with by the Columbia and Augusta Railroad Company and the
latOrs proceed
Now please the Court the different grounds of objection
set forth this be considered it will be found after all that
they do not sustain their
First they object that these defendants right
the Act of 1868 No ~ under any other law Of the State
upon the LAND of the REALTORS with appropriation for the pur-
poses of Il railroad.
That point undoubtedly Judge specific
ground upon which they relied that the 1868 had reference
merely corporations be created the and did apply
bodies already existing 1t considered explicitly and for
maly, and by his Honor aljudgcd against the REALTORS.
Then they suggest that according the terms of their charter the
of their road distance of hundred feet belongs solely and
exclusively the South Carolina Railroad Company, and thai
Act of 1868 when refers those whose lands liable to
condemnation His Honor Judge Pa also decided that point against
the REALTORS and declared the South Carolina Railroad Company not to
be exempt from the operation of the Act.
They further contend that the question of apppran
land against the Of the owner, power which only be
delegated under the of domain and that to be granted
effectively be in express terms implying manifest
application Of such grant call your attention the language of
Judge Ptt -" formal has been put in by the South Carolina
Railroad Company setting forth their objections thereto and among,
others this the by the Columbia and
Augusta Railroad Company upon the lends Grntcyc where the
respondents depot situated for the purpose of constructing their
road thereon and also its entry their lands and right of
between anv and hamburg for like purpose would be
hnnce the and enjoyment Of the highway for which said
lands right Of way previously procured *
After hearing by counsel thus far and examination OF
law authorities quoted by tcm mind has been led to the following
| concusions'
That manifest intention of the General Assembly the
passage Of said Act No ~, law which should be apIi
cable and be obligatory upon all railroad companies in the State
South Carolina, whenever the in the construction Of its road
claimed the right of upon and portion of The lands
and right of way of the other The South Carolina Railroad Com
py made exception the operation of this enactment
but the contrary section eli ght Of said Act declares anavey
Tor the construction or use OF any highway shall be considered OK
emp from any liability condemnation but the right of
the be condemned OF othc
4" highway"
Surely that to be sufficiently distinct
The only other ground assumed in the of the REALTORS ha
the proposed appropriation by these defendants land within
feet of OF