The news and herald. (Winnsboro, S.C.) 1877-1900, 1879-06-17
Throwing Down the Gauntlet.


The Charlotte, Columbia and Angus
til Railroad has c0olly and deliberately
thrown down the gauntlet to the pco-
pic OF Fairfield, and it now remains to
be seen what the lattey are going to do
about it. While suit is pending
against the road forviolation ofits char
ter in charging on cotton dollar and II
quarter balo for transportion to Co.
lumbia, the authorities deliberately
raise tho tariff to two dollars and
thirty cents, not only three times what
1t is commended is the legal charge but
more than twice the Charge actually
made heretofore. There was not the
slightest prcteXt in the world for the
charge. No cotton is selling, and
there will be none until tho fall, and
the road and the merchants will not
be fifty dollars better or worse Off for
it between now and tho fall trade. IL
il n,erc y piece OF bull-,loziug, of bluN.
Oh entdeavoring to bulsy the opposite
party out of II case that the road would
rather end outside Of court Than in it 9.
If Tie people become alarmed at the
prospect of the two-tlIirty figure, and
back down from the case, the road
can go on getting its dollar and Il
quarter instead Of risking the chance
OF coming down to cigMy-onc cents.
Every one is familiar with tao OH
CIV cascs-how that several years ago
II was almost an impossibility to get
cent out of the railroad for stock
DESTROYED, although the law lay with
the stock owner. The course was
easy because the railroad was power
tul and rich, and the poor stock owner
could not fight it singlc-hnmt1rd flc
had to humbly take what he could get,
not what was his right. Tho roads
thcn went further and to clinch the
matter went into the Supreme Court
with great flourish oftrumpcts to ro-
verse tho old "Dnnncr case" which
threw the burden Of proof Of no
negligence on tho railroad. 1t was
confidently asserted that tho Court
would rovorse tho decision, and claim
ants, getting a little weak in the knees,
compromised on what they could get.
But for somc reason or other the
Court did not view the matter as the
roads did, and it quietly rc-atlirmcd
the Danncr case IN all its force. The
roads have como down.a peg or so
since thcn and arc now glad to COM
promise. The present move is Of Il
piece with the other, and is likely to
hayo the same fate.
Although the cotton question has
never been decided, the point raised
Ivy tho railroad has already been
ignored in the case of Enoc C. GiN
There most elaborate argument was
made in Justification Of the ovcrcharyo
on cotton; but the Court allowed dam
ages i'll full for the plaintiff, without
alluding in any way TO this particular
point raised. We will DO much sur
priscd if jury and Supreme Court
decide That cotton packed in bales is not
a weighty articlc.
In y contest between corporation
and individuals the corporation always
has tho best of it in tho beginning, be-
cause 1t has superior resources and
can better afford to make desperate
fight. But when different individuals
combine, and, better still, when tho
people believe that they arc illegally
oppressed by corporations chartered
for thoir benefit, tho corporations will
bc brought to tcrms. Evcr since tho
war, corporations have had their own
swcetway. Corrupt Legislatures and
corrupt Judges afforded ample folds
Tor lobbying. ButaIl that is changed
now. South Carolina is not yet in tho
grasp of Tom Scott, and she will not
DO. 1t may require some time to make
tho people move; but whom they do,
tho railroads will be sorry that they
vcnt,.rcd on q bluff game, instead OF
trying conciliation. Tho Railroad has
defiant'y announced that 1t owes tho
people nothing, and tho people should
SEQ that the road gets nothing to which
tits not entitled. Every bill of freight
that 10 deemed unjust should be paid
under protest, and then when tho
,overplns accumulates to any considcra-
+ ble amount, bring bill against the
railroad. Or elso tondcr tho legal
rate for articles to be shipped, and If
refused bring action for damages. The
unsatisfactory experience that tho
railroad has already had with iurlcs
VIII max make 1t cautious about having too
many eases OH hand.
~ I'VE are informed that the object OF
The present action on the part of tho
attorney Gsneral is not to vacato tho
charter Of tho Charlotte, Columbia and
Augusta Railroad, but n,crcly to mako