The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-03-17


whether parcel needed for any Of the prescribed
In other Words when you within hundred feet there to be
trial of right but when you 60 outside % OF one hundred IND @ VINO
scribed The Legislature the one hundred feet the emil
nent domain was exercised and the could the and but
thew went outside of hundred feet then the
intended for the road and that question must be ad
Indicated by some Court.
Mr. Justice WiadYou would hardly draw the inference that the
South Carolina Railroad Company could to-day through the City
of Charleston full hundred feet without the question beng
raised the necessity of doing? hardly think that that was
Mr. Memmnger-There is to speak ITSELF and it just
principle The Legislature in granting one hundred feet settled the
outside of that limit you right by
Mr. Justice Wiard-If you conrue the statute strictly regard
hundred feet to that the case would be involved in
Mr. Memminger-But the Act furnishes principle work
upon gives the law and the great object OF all law fix
rule to make it clear of judicial any other dcreon administer
Justice by certain weefned rules Here rule that plain and
ppabe There for it, and can apply to every case &
pev the one we are considering your Hono will
see pany that this matter preliminary really matter which
obstruction of railroad 1t only by in
dusy and that the Columbia and Augusta haoad
work impede progress this stage of the case would pac
ca re that credit and work amount of injury which would re-
come now to the third point and say thee such
trial. and was now in before your HonoI you would have to
pressing nothing but its rights although the parties calling this
hundred feet of and franchise have created confusion
of ideas in the This hundred feet is land owned by them
under the statute The Act of 1888 be found the Statutes
1884, That the absence contract shall be that
land upon which the said road any branches here
after may be constructed together with hundred feet
side the of said road roads, been granted the
company the owner thereof and the said company
shall good right and title the and shall have hold and
enjoy same them and their long the same
may be used only for purposes of said road and longer
In the Blake Justice Wadaw after quoting the foregoing
defining smaller space of the Legislative judgment that
one each side shall not be considered excessive Tor the
the road here saving the OF the owner TO the re-
mander after the purpose for which the prescribed space granted
ceased require it, here only qualified Tee vested the
company; and here necessity the landowner OF a
knowedgn companys right to take by himself making app
cation for assessment he would be forever barred from both
Then again it is declared that 1t long
that company for the purposes of the road but no
Now may please your Hono there not an express reservation
ran Of that land that he use the land which not used
by the road? independent of the right of domain not
condition the State grant land to be used tor the ur
poses of your and you do am at Liberty to enter
upon the same when please? Here for SIX and thirty years.
the sh Carolina Railroad Company been possession Of this
land They have used foot Of it. They did not disturb
particle soil There lies and they will not need the day
the millennium although granted for purposes OF the road now
NAV not the State confer another corporation the to
itself in this exercise of the right Of eminent doman Its not taking
away anything merely using that which has not been used tor the
same purpose We have all travelled and from Charleston fire.
quen and railroads. the Northeastern and South Carolina
lying side by sde without disturbance and what possible
disturbance can they make unless they become begents
Really may please the Court to me that the South caro-
Railroad has had its way long that impatient OF con,
tradicton and my aounded that Mr. Johnston should
PROFOUND any questions here whatever Suppose they owned Tee
simple and absolute does that their land as with an Is
differently from Individual! Yet their op
son that because they hold this property protected from con-
Suppose your Hono owned that and it had come to
YOU through YOUR five hundred years. would be free
from condemnation Your Hono know that If to bring an
action try title the thing would show would be grant from
the State something equivalent to it, Now they have only grant
of base ee vet my grant fee simple can be
taken while around theirs thrown shield That surely not W
and it would be monstrous if it were So -
But go further that that land granted them Tor
their exclusive use which not still subject to condemnation
The other side have argued JUSTLY that when you 60 to take
thing for which an exclusive right gyen must show grant
either implied Now the person who drew the Act 1868
seemed to be advised of that law In the old law there something
which gave them claim protection and that precisely what
the has removed The language plain the sun in
the heavens of 1868 That lands right OF
which have heretofore hereafter be procured for the cosruc
op or use of any highway shall considered exempt from liability
condemnation The Legislature recognized the law that where
there is an express grant, there must be legislative authority to inter
fre with it, hence this explicit and provision which repealed the
old law that has been cited and relied upon Still the rights
ratons under former respected and parties forbidden
to invade their privileges destroy hem for the Act continues
u that construction of such other highway there be no
and enjoyment OF the highway Tor which uch
right Of previously procured Judge Pas thee
FORE decided right He this party claim to have an excp
tonal case @ the Court of Chancery the place tor you but
shall 90 on with the other branch the which be tried
emy and shall ascertain what these lands worth require
tender the amount compensation really loss see
cause for invghing against such judgment Could he say Will
wait here quietly until Judge Boozer does certain things No. But
he saws will do what have do and shall stand subject to what
YOU have claimed exceptional the Court OF Cnanc
which will take cognznce the and end it. not that what
it ought to be? What the harm don Why that we have entered
for the purpose of construction Now submit to the Court that that
bacol in O1r