The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1869-05-13

of 1868 prescribing the mode of assessing
damages for appropriations of ,right-of-
way; and to the nrany and seemingly in
ternfinable issues which have been thrown
into the case.
Some allusion to the history and course
Of she litigation will be excused. The
construction of the Columbia arrd Angus
tn railroad was commenced in 1868, and
was continued umtH interrupted by the
advance of the Federal army in Febrns-
ry, 1865. Soon thereafter the work was
resumed, and was continued without in
terruption until the Spring of 1867. In
April, 1867, the South Carolina Railroad
Company, after having slept for near four
years over what they assumed TO be their
rights; after having quietly watched the
irrevocabe expenditure by the Columbia
and Augusta Railroad Company of near
ly million of dollars, filed bill to en-
Join the construction of the Railroad on
the ground tha: such railroad was in
in derogation Of their chartered rights.
Thls bill WAS twice argned before Chan
cellor Carroll, on two distinct motions,
the one for perpetual injunction, the 9TH
err for Injunction pendente lite. Both ap-
plications were decided adversely ly to the
prayer of the bill after able and thorough
argument. The cause was then heard in
December, 1867, before the Court of Err
rors, and the decree of the Chancellor on
Circuit was SUSTAINED. In this bill the
right of the Columbia and Augusta Rail
road Company to connect Columbia and
Augusta by Railroad was denied; their
right to connect GraniteviIle and Ham
burg was denied; and their right to con-
struct their railroad between Granitevilhe
and Hamburg, upon tho right of way OF
the South Carolina Railroad. was denied.
In reference to the last named point, the
fact was distinctly brought to the view
of the Court, upon the affidavit of MIR.
Magrath land was not denied by the Co
lumba and Augusta Railroad Company
that the location of the Road from Gran
itcvile to Augusta was upon the ght of
the South Carolina Railroad, and within
fifty feet OF their main track, and that
was the only practicable location. These
points, thus raised in the bill. were all
adjudgcd adversely to the claim of the
South Carolina Railroad Company, and
with them were adjudged every principle
which is now involved in the pending lit
igation.
Only one new feature was presented by
the bill fled in October 1866, and that
was rs to the right of entry upon the lands
of the South Carolina Railroad Company
without the previous compensation re-
ouired by the constitution and act OF
| 1868. The difficulties which met the Co
lumbia and Augusta Railroad Company
in reference to the payment of this com
pcnsation, was that every effort to that
end was resisted by the South Carolina
Railroad Company. Not only did they
refuse to unite in the selection of Com
missioDers for that purpose, but resisted
every effort which was made to procure
them to be appointed by tho Court; first
before Judge Aldrich in October, 1868
and again before Judge Platt in October
1868.
The application 10 Judge Platt has
been, in the FIRST instance, granted and an
order issued for the cmpanncling of q
Compensation Jury under the Act OF
1868. But this order was afterward sci
aside on motion of the South Carolina
Railroad Company, based upon the oath
of Mr.. Magrath that he had not refused
permission to enter since the passing O
the Act of 1868! Notwithstanding the fact
that his action had been n persistent re
iusal from beginning to cnd; notwith
standing his communication of the 25if
of July; notwithstanding the fact that his
motion to defeat the execution of the order
was, in itsclf o refusal, yet he made oatl
that ho had not refused since the Act Of '6e
was passed; and as proof of such refnsa
was necessary in order to give the Judge
Jurisdiction, the motion to set aside tho
order WAS granted.
Pending the renewal of the motion, he
fore Judge Platt, the second Bill Tor In
junction waSs>cd and motion made be-
fore Mr.. Justice Willard, to enjoin the
prosecution of the work until the cause
shonld be heard This Bill, as have al
ready said, presented no now feature, ex
cept as to the matter Of previous eoinpen
sation. And it is somewhat remarkable
that, Notwithstanding the persistent eft
forts of the South Carolina Railroad
Company to prevent the ascertainlng and
payment of compensation, the fact that
compensation had not been ascertained
and paid was urged as an equity emitting
them to temporary Injunction; and on
this ground and on this alone, a temporal
ry Injunction was granted against entry
upon their lands until such compensatioF
should be first made. Every further
effort to procure jnry was resisted
and successfully resisted for nearly two
months; and not Until January, of the
present year, when the compensation
veriict was rendered and the amount de
p-,sited, were the Columbia and Augusta
Railroad Company enabled to move q
dissolution of the injunction. Since ther
| baro fnllnvad motions in DrOhibitjOn mo