The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1891-08-12
A BLACK EYEF0R COOSA W.
CHIEF JUSTICE FULLER DECIDES IN
FAVOROF THE STATE.

The Motion Continuing the Preliminary
Injunction and Appointing Receiver
Grant.d-Judge Simonton Concurs-The
Coosaw Octopus Knocked Out.
GREENvILLE, S. c., Aug 3.-The
decision of Chief Justice Fuller in the
Coosaw case was received today, and
Judge Simonton added his concurrence
this afternoon. The decision. as will be
seen. is a complete Knockout for the
"Coosaw octopus" and signal victory
for the State. The following is the de-
cision in full:
STATE OF SOUTH CAROLINA, ex rel.
TILLMAN ct al. vs. THE CoOsAW
MINING COMPANY.
Two motions have been argued:
|. TO remand.
2. TO continue the order granting a
preliminary Injunction and appointing
receiver.
My conclusions are:
|. That upon the face Of this record
the motion to remand ought not to be
entertained. The question of jurisdIc'
ton was adjudicated by this court on
the 2lst Of April. 1891, and cannot be
reexamined at this stage Of the proceed
ings. Buff the question were open the
result would be the same, as l concur
in the opinion Of the district judge. filed
here on April 81, 1891. (45 Fed. Rep,
SO4). The motion to remand is there
tore overruled.
2. AS to the motion TO continue. &c..
the contention of the defendant is that
it has, by contract with the State, in
virtue of the act of 1876, the exclusive
right to mine all the phosphate lock
within a defined part OF the CoosaW
River, for all time. at a royalty OF one
dollar per ton. The defendant carried
on its mining operations prior to 1876,
u the particular locality, under an act
of 1870, which gave the right to mine
Tor the full term of twenty-one years at
81 per ton. The act OF 1876 made the
right exclusive, and, it is argued. per-
petual. because it was provided that de.
fendant (as well as other cempanies)
should have the right. $50 long and no
longer" than 1t should make the returns
and pay the royal!y prescribed. The
royalty thus referred to was fixed by the
act of 1870. 1t was decided in Stare vs..
Pacific Guano Company (22 S. G. 5O,)
that the rule Of construction applicable
TO the right to mine in the beds of nav
iyable streams containing phosphate de.
posts is the ordinary one in the instance
of grants of public rights, namely, that
the grant is to be construed strictly in
favor of the State and against the gran
tee. l concur in that view, and apply
ing the rule here, it forbids the conclu-
sion that the legislature intended an ln-
definite grant by the terms used. The
act Of 1876 must necessarily be read in
connection with that OF 1870, and this
being done, it seems clear that the du-
ration OF the exclusive right, as claimed,
was not thereby enlarged. This couclu-
sion is strengthened by an examinati n
Of the many acts N relation to phos-
phate Mining referred TO on the bearing,
OF this motion, which show the policy OF
the State to have been to limit the lura-
ton Of the right to mine-a policy which
1T cannot be properly held the State ln-
tended 10 depart from by the Act OF
1876. 1t follows that the clam Of the
defendent to the exclusive right to mine
within the mentioned territory, indefin-
itely, at one dollar per ton, cannot be
sustained.
3. This being so, and IN view Of the
PROVISIONS of the Act of 1890, an iniunc-
tion ought to 60 against the defendant:
restraining it, as prayed, until it shall
take out license Under the latter Act
and otherwise comply Herewith, and
such an order may be substituted tor the
order made by the State court. which
should be vac tied, so far as is inconsist-
ent with the order so entered.
i. Pending the filing sf the foregoing
memorandum and the entry Of the order
therein agreed to, the parties having
agreed to submit the case on the hear
ing already had, as on the merits, and
their stipulation In that behalf having
been duly considered, final judgment
and decree may be entered in accordance
with the result above Indicated.
MELVILLE w. FULLER,
August 3, 1891. Chief Justice.
Judge SimonIon concurs in the above