The news and herald. (Winnsboro, S.C.) 1877-1900, 1879-09-16
THE RAILROAD CASE.
Arguments before Judge NVnl1acc--uis
Honor Reserves His Decision.

Arguments before Judge Wallacc--uis
Honor Reserves His Decision.
The case of Il. Elder e. Co. as. The
Charlotte, Columbia Il Augusta Rail
road Company was called in the Cir
cult Court on Saturday morning. The
appeal from the Judgment of the trial
Justices court being only on questions
of law, tho case was tried by the
Judge without jury.
In the trial below, the trial Justice
was requested by the defendants
counsel to charge tho jury as follows:
That the defendants have the legal
right under their charter to classify
goods, produce, merchandise and other
articles offered them for transportation
as "hcavy articles" or as "urticlcs OF
measurement" according as said
goods, produce. merchandise and 9th
or articles bv their weight or bulk
first exhaust the carrying capacity OF
the freight cars used for the trans
f"i"r,"n / rh" goods. produce, mcr-
chanIiSh ~ Ot'icr articles.
lic l"Sti"" refused so to charge, and
.'rr ,lct,'nta.t excepted.
1T Inc request Of the plaintiffs, the
'ri'I ji&ticc charged the jury as fol-
lows:
That if tho jury find that thc bales Of
cotton shipped by plaintiffs, were
''hcavy articles" and not Particles OF
mrasarcmant,' the plaintiffs arc ell
titled to a verdict.
That the phrase "articlcs of ncasurc-
mcnt' in the defendants charter must
be construed as having reference to
what, in general commercial usage,
were then, and arc now, Particles Of
measurement"
TO both Of these charges the dc
fcndant excepted.
On the refusal of the justice to
charge rs requested by the defendant,
and on his charge as set forth above, the
case went by appeal 10 The Circuit
Court. From this statement of The
matter, the following synopsis Of the
arguments Of counsel may be readily
understood.
COL. RIoN's ARGUMENT.
Two points arc made by the plain
tifls. First, that the construction OF
charter must be reasonable. Scc0nd,
when there arc two constructions,
that which is most favorable to the
public must be taken.
When railroad or canal has q
monopoly, then it should be held to a
strict account. But when the right
ceases the rule ceases. South Carroll
na has one railroad only that is a
monopoly--the South Carolina Rail
road. Tho Charlotte, Columbia and
Augusta Road has not q monopoly,
and other roads could be built. It's
only right is to prevent other parties
f!om running cars over its road bed.
This Road is neither rich nor power
ful, nor has it q monopoly.
Tho point that whore there are two
constructions tho one most favorable
to the public must be taken, is not of
general application. 1t is unrcason-
able III many cases, for instance in this
case lawyers would only have to look
up for constructions that would bo
favorable to the public and they would
have to be taken. BY this all wcighty
articles would have to be estimated by
measurement and alltlight articles by
weight.
Usually 1t Is said charters are tho
result Of hasty legislation. This is an
swcred by showing that this provision
-four charter is copied almost litoral-
ly from charter after charter, con-
tinued from tho time of tho. original
charter of tho South CarolinaIailroad
And tho court would have to conclude
that this was proper, deliberate legis-
lation. No improper influence was
brought to bear OH tho Legislature iii
granting the charter, and 1t was not
favorable to railroads. Not only was
this section not the result of hasty
legislation, but was In fact the result