The news and herald. (Winnsboro, S.C.) 1877-1900, 1879-09-16

auy the only export Of this country
the r lilroad has aimed Il fatal blow
at tn, people whom it should assist.
The claim Of the Railroad to the right
of cla ssitying assumes the power of
constituting the charter, and the sole
right. We must see what are its
rights under this charter. And here
let me suggest that tho construction of
the charter ought to be made in the
light Of the usage of the commercial
world and of the carrying business
that obtained ut the time of its enact
mcnt. That il was commercial usage
to carry cotton by weight is not de-
MED. Indeed, in all the stages in
which cotton is handled il is an article
Of weight. In Knox e. Gill, although
the point was made that cotton was an
article ofmcasurcmcnt, it was not con-
sidercd. This at least shows that the
South Carolina Road, operating under
Il similar charter, had always charged
by weight. Possibly this was The
first time that it had ever entered the
minds OF any one that cotton was any
thing buta heavy article. What arc
tho facts in relation to this Road? a
few months ago, for the first time in
the history OF the Road. notices were
postcdup that cotton should be csti-
mated by measurement. For the first
time in thirly-twO years the Road sus-
pcctcd that il mi light add to its pros
pcrity by adopting Il rule it had never
thought Of before.
But il is claimed that this usage was
not uniform. There is no proof of
this. We can prove the contrary by
the testimony. Counsel here quoted
from testimony.
Again, are The rights of The COM
munity TO be restricted and determine
cd by The pleasure Of the Road? 70
admit This is to give up tho whole
matter and beg the Road for clc,nency.
II there is Il right, we demand it. The
defendant claims that cotton is bulky
article because the car cannot be load
cd with il to its full weight capacity.
Who gives tho right TO tho Road to lit
the charter to its cars? IL must adapt
lis cars to the charter. All over the
Union tic Railroads adopt their cars
TO their carrying trade. J'hcy arc OF
nilrrrIt shape: iJr coal, oil, iron, cat
&c. passengers, Nc. On lili. very
ioad cars arr u;,dc differently for
different PURPOSES. Way not con
S,ruct the cars So ilrta the cotton may
be stored TO llm full capacity? Yet
we arc told cotton IS Il bulky article
because ii does not sui5 tho ears which
IT. suits the road TO carry il in. Aficr
al, how is The question to be decided?
NClthrr OF the parties can say. 1t is
lcitsci'hcr TO your Honor or TO q Jury
of your rountr! men. And hero, let
me say that we have tried The facts.
You are here fortified by Il sworn YER
diet OF IL jury on the fact that cotton is
Wcighiy article, and must in this
case be SO construed. Lastly, as 10
the iedHctiO al 0bSHr !UW. The in
tcrprctation demanded by the defend
ant, il applied TO such distance us
Charles. .on even, would be ruin. al
ready has the Road crushed out way
stations. These have no escape. They
would be left in the power Of the
Road.
AS to the reference to the jurics, let
nc say that just such claims and pre-
tensions by the Road as this have been
SO disastrous TO the country that tho
people arc brought to the point Of re-
siSlailcc.
a few words rs TO the rules of con-
st,llction. These have been settled.
The grants Of privileges and cXcmp-
;ions to II corporation arc strictly
construed against the corporation and
in favor Of the public. Nothing
passes but what is granted in clear
and explicit terms. lG Howard, 435.
Also Peters, oil; II Peters, 54S. If
tho grant OF q franchise admits of two
constructions that is I be taken which
least restricts the -. lie rights. s
Howard, 5G9; 8 How, l72 and others
from Brightly's Digest, Tit. Stat. 4.
The defendant must show aflirmative-
ly and directly the bcStowal of the
grant. If there is doubt it must be
decided against the Road. That an
act of Incorporation is contract be-
tween the State and the stockholders
is settled by an unbrokcn line of
decisions. Sec 3 Wallace, y, and
Chicago, burlington and Quincy r. II.
VS.. Iowa, 4 Otto. Whatever is grant
cd is secured, subject only to the Iini-
lations and reservations II the charter
or in the laws and constitution which
govern il. Also Mum VS.. Illinois,
4 Otto.
ARGUMENT OF a. S. DOUGLASS, ESQ.
What does this ingenious theory
aDout thirty pounds to the cubic foot
amount TO? The plain English Of il is
that the Railroad can charge by weight
or by measurement which ever puts
most money in its treasury. 1t dc.
mands 'hc right to c,vc itself the
DciIciiI ol tin doubt every time. Let