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

no trial of right but when you go outside hundred feet who
scrbed uses The Legislature gave the hundred the
domain exercised and the party could take the land
they outside of hundred feet then the Court
what the law intended for the road and that question be
Indicated by some Court. .rgr ~
Mr. Justice Wiad-You would hardly draw the inference that the
South Carolina Railroad Company could to-day claim through
of Charleston full hundred feet without the question
raised the necessity of doing? hardly think that that vas
the intention of the statute. ~
Mr. Memmnger-There is speak for ITSELF and it's inst
principle The Legislature in granting one hundred feet the
question Of right by its exercise of eminent domain go
Mr. Justice Wlard-If you consrue the statute strictly regard
hundred ee that the would involved in
difficulty
upon gives law and the great object Of all law to fix
rule make clear of judicial other dsceton administer
Justice by certain wee6ned rules Here rule that plain and
papab There for it. and it can apply to every case
pecy the one considering because your Honos
plainly that this matter preliminary trial is really matter which
the obstruction of railroad It's only by in
dustry and that the Columbia and Augusta Railroad
Company have been enabled to obtain credit enough their
work impede their progress this stage Of the would prac
cay ure credit Of injury which would
quire, perhaps years to repair 49,
come now to third point and that there such
trial and progress before your Honors would hayeto
give Judgment the Columbia and Augusta Railroad Company which
pressing nothing its although the parties calling this
right of and franchises created confusion
of ideas in the case This one hundred feet land owned by them
under the The Act Of 1888 to be found d
3s4 That the absence Of contract shall be
the land upon which the said road its branches
after may be constructed together with one hundred e
each side centre said road has been granted to
company by the thereof and the said
shall have good right and title same and shall have hold and
enjoy the unto them and their same
be used only 5 the 9 road sr nne s
passage of the 1885, says Here is the absence of contract
defining smaller space declaration Of the that
hundred side shall be considered excessive for the
uses of the road saving right Of the to the
mander after the purpose for which the prescribed space was granted
has ceased require it here only quahed IN the
company and here necessity imposed the landowner
knowledgng companys take by himself making
for if he would not be forever barred from both
land and compensation Z s-s se:5F"L s#fg =. 4 &
Then again it declared that this base fee long
company for the Of the road but
Now NAV it please your Honos there not express reservation
the gran land that he the land which not
the rod Independent Of the right OF eminent It not
that if the State land to be used for the
upon the same when please? Here and
the South Carolina Railroad Company have been Of tins
particle of the soil There and they Feed to the
the millennium although granted for purposes Of the road Now
may State confer upon another the to
itself in this exercise of the right of eminent domain! IS not
away ANYTHING 1t merely using that which has not been used the
same purpose We have all travelled to and from Charleston ire
ouent and seen two railroads the Northeastern and Carolina
Railroad living side by side without disturbance and what possible
disturbance they unless they become
Really may please the Court seems to me that the South
lima Railroad has had way long that impatient of
tradicton my friends ounded that Mr. Johnston should
PROFOUND any questions here whatever they owned IN fee
simple and absolute; does their land Is
corporation protected differently from
that because they hold this protected rom con-
HOnOrs naq come
you through your for fEe hundred It be free
from Your Honos know that if were to bring
action to- try title thing would show would be grant from
the State something equivalent it Now they have only grant
of base fee vet land grant fee can be
taken while around theirs thrown shield surely Is not aW
and it would be monstrous if itwere so. ls
But 90 further say that if that land granted to them Tor
their exclusive which not it still subject to
The other side have argued very justly that when you take
thing for which an exclusive right given must show grant
either express implied Now the person who drew the Act OF
seemed to be that the old law there something
which gave them protection and that is precisely what
the Act of 1868 removed The language Is PLAIN as the sun
the heavens The of 1868 That no lands or right OF
which have heretofore hereafter be procured for the
ton use of any highway shall considered exempt from
to condemnation The Legislature recognized the law that where
there express there must be legislative authority to
fere with it, hence this explicit and clear which repealed the
ratons respected and parties are
to invade privileges destroy them for the Act continues
vd the construction OF such other highway there be no
the and enjoyment OF the highway Tor whch ueh
lands right previously procured Judge Pa there
fore decided right He this party claim to have an exep
tona case if the Court of Chance the place t you but
shall 90 on with the other branch Of the which cann be tried In
eo and shall what these lands WORTH require you
tender the amount of compensation am really IDS to see
cause for nveighng against such judgment Could say will
wait here quietly until Judge Bor does certain things No. but
he SAYS do what have do and shall stand to WHAT
YOU have claimed exceptional in the Court Chancer
which will take cognizanc of the matter and end it. Is that what
il ought to be What the harm done Why that we have entered
for the purpose of construction Now submit to the Court that that
statute distinction that has always existed our State
with reference to this We always distinguished between the
charter up the time the recent constitution was railroad
wore authorized to enter the of construction