The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1869-03-24
: The South Carolina and the Columb bia and An
y.Fsssz.-i Z, ~ gusta Railroads

The South Carolina and the Columbia and An
glssa.=i = 1ss gusta Railroads.
As1sIn supplement this week will be found. a
f6H sad complete statement of the litigation
pending between the above named roads,
and we invite special attention to it.
AS the questions at issue between thesouth
Carolina Railroad Company, and the Col>
umoia and Augusta Railroad Company have
been very generally misunderstood. the South
Carolina Railroad Company, with view to
the fun and proper presentation of both
sides ef the controversy, retained skilful
Sssenographer to attend the session of the su.
@prsne Court in Columbia, at the argument
.softhe prohibition case, in which alt the is>
ysues between the two Companies were, by
The nature ofthe proceeding, brought up for
.sthe decision of the court. The arguments of
the counsel for the South Carolina Railroad
Company, ana those Of the, counsel of the
Columbia and Augusta Railroad Company,
:. are alike presented to our readers in the sup
: plement we issue to-day. .... ......
Without entering into any commentary
upon the merits of the many QUESTIONS
raised in the argument, two points appear to
rs worthy of consideration: . ...
lst That the South Carolina Railroad
COMPANY do not contest the right ofIhe Col
gRmbia and Augusta Railroad Company TO
cnnsfrnct their road but simply their right
ITO construct it upon the land of the South
Carolina R.ilroad Company; re.
ID That the question Of right between
tho two companies, has never received judi
cial discrimination.
y : That the Columbia and Augusta Rtilroad
Company have appropriated to their use
9 lands which belong 10 The South Carolina
: Railroad Company Is undeubted, for it is not
denied Their right to do so is the main iS>
& suc, a3d upon that the courts have hitherto
= been cSriously silent So far as the COM
epanses themselyes are concerned, the INIT
= fers at issue between them may be safely
left to the guidance of the counsel Learned
In the law who represent the respective
SScompanies. But outside of these companies
s-and their interests. the question is of grave
importance to the community at FARCE. Can
@ corporation take land, build upon and en-
: JOY Ii without any legislative grant or any
judicial decision auiho iziug the appropria>
Ssaion?s sSts .-a'2 S--.'-@ -
.ssz Il would be reproach to: the jurispru-
5 dsnce Of any civilized country if tie rights of
properly rested upUn tenure so j Isecure.
In whose favor the right may ultimately be
determined, the community are not perhaps
very deeply interested; but that The right
--shou'd be determined, that the principle
should be fully aid firmly established that
The citizen cannot be deprived of his proper
", except by due process of law, is Of the
Highest imteltance, and in that view we call
attention to the present controversy, in
which as the papers show, the South Caro-
hnusR Railroad Company has been deprived Of
its property. and is now despoiled Of it, with
out any competent legal authority having
decided that the Columbia and Augusta
.l2ailrpad Company had the right TO take it.
- 4 reference TO the arguments will show
That all the questions hsye been mos. keeniy
and zealousIy discussed. Il is due, however
70 the South Carolina Railroad Company to
Sssay rhafShey endeavored to avoid the pro-
.sfracfed litigation by the proposition to refer
. all the matter in dispute to a board Of asbi'
srstien. composed of three members from
each road. Had this proposition been ac-
Secpsed. aud carried out in good faith by the
Columbia and Augusta Railroad this lengthy
and expensive litigation might have been
..ayoideti.. II is not too late, we trust, fol
wiser connsels to influence the Columbia and
Augusta Railroad Company, and prompt 9
speedy and equitable adjustment of the dis
pute. 49,. -.f-