The news and herald. (Winnsboro, S.C.) 1877-1900, 1880-01-01
THE CLASSIFIC4TIONO or COTTON.

THE CLASSIFICATION or COTTON.
Judge Mnckcy's Reasons for Differing from
Judge Wallace in tho Construction of tho
Charter ofthe Charlotte, Columbia and Au-
gusta Railroad.
Judge Mackcy has fled his decree in
the case brought by the Railroad Com
missioner against the Charlotte, Co.
lumbia and Augusta Rail-. .>i Compa-'
ny, to compel that corporation to
charge OH cotton as a "hcavy article"
and notas an ''articlc ofmcasurcmcnt.o
The opinion is lengthy and exhaust
i've document, and we can at present
publish only synopsis gathered from
report given by the Columbia Regis
ter.
twas urged by the Railroad that
the pcndcncy Of the case Of Elder e
Co. in the Supreme Court was
ground for dismissing tho proceeding
Of tho Commissioner. Judge Alackcy
holds that this plea is without merit,
saying: 'It is well settled law that the
Judgment in cause binds only the par
tics to tho cause. The right of any
person is not to be concluded or even
suspended by II Judgment in cause in
which he could not be heard and the
appeal from which lie cannot control.
Especially is this true Ola public Off
cor, charged with tho duty OH behalf
ofthe public Of invoking judicial de-
termination as to the powers of u COR
poration that III his Judgment is cnga, :
cd in an open and continuing violation
Of law and Of lis charter, by cXacting
excessive rates Of toll from the public.
It is made the duty Of the Railroad
Commissioner, by the statute creating
his office, to make application for an
injunction to rcstrainh railroad corpor-
alton which in his Judgment is acting
violation ofits charter"
Judge Mackcy then considers fully
the law Of the case, and concludes his
opinion as follows:
"But admitting that the words of the
charter are ambiguous, the practical
consequences of the construction
claimed by the company would be suf-
ticient. to reject it. In Charles River
Bridge VS.. Warren Bridge tho Su-
preme Court of the United States says:
'That any ambiguity in the term Of the
contract must operate against the cor
poration and in favor Of the public
G. Peters, 544.) Also other authori-
ties cited to tho same point. 1t may
well be held that this corporation is
estopped from denying the correctness
of O construction Of it's charter, which,
although most favorable to tho public,
ithas asserted and acted upon for
more than q quarter Of century.
GAS to the thirty pounds cubic foot
theory, it was, in my opinion, foreign
to tho contemplation of the Legislators
who enacted tho charter. Nor is the
capacity;of respondents cars to con-
vey articles Of measurement moro rele-
want to the issue. The equipment of
its road is changeable at the will of the
respondent, and to givejudicial sanction
to such an argument would be to erect
amost variable and uncertain stand
ard by which to measure public rights.
In view of tho law and the facts, 1t is
ordered that the rule be made absolute,
and that the respondent be perpetual
ly enjoined from charging freight on
cotton in bales otherwise than as arti-
cles of weight, and that tho respondent
pay tho costs Of this proceeding"
We are informed that the Railroad
authorities requested of Judge Mackey
that no would grant suspension of
tho injunction, pending final detcr-
mination Of the controversy by the Su-
preme Court. Judge Mackey refused
TO grant the application, upon the
ground thatitwouldwork injury to tho
farmers--the producers of the staple.
He we'll says that while the merchants
and the cotton-buyer have remedy,
+ bypaying freight charges under protest