The Pickens sentinel. [volume] (Pickens, S.C.) 1871-1903, 1891-08-13

Injunction and Appointing u Itereiver
Grnnted-Judge simonton Concurs-Tho
Coosaw Octopus Knocked Out.
GREENvlLLE, $. 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 knock out for the
"Coosaw octopus" and signal victory
for the State. The following is the de-
Cision in full:
STATE OF SOUTH CAROLINA, cX rel.
TILLMAN ct al. vs. THE CoosAw
MINING COMPANY.
Two motions have been argued:
|. 10 remand.
9. TO continue the order granting a
preliminary injunction and appointing
a receiver.
My conclusions are:
|. That upon the face of this record
the motion to remand ought not to be
entertained. The question of iurisdic-
ton was adjudicated by this court on
the 2lst of April. 1891, and cannot be
rceXamlned at this stage Of the proceed.
ings. Butt the question were open the
result would be the same, as | concur
i'll the opinion of the district Judge. filed
here on April 81, 1891. (45 Fed. Rep,
SO4). The motion to remand is there
tore Overruled.
>. 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 defined part OF the Coosaw
River, for all time. at royalty OF one
dollar per ton. The defendant carried
on It's mining operations prior to 1876,
n the PARTICULAR locality, under an act
Of 1870, which gave the right to mine
tor the full term Of twcnty-onc years at
81 per ton. The act Of 1876 made the
right exclusive, and, it is argued. per.
pctual, because it was provided that de-
fcndant Gas well as other companics)
should have the right. $50 long and no
longer" than lt'should make the returns
and pay the ROYALTY prescribed. The
royalty thus referred to was fixed by the
act of 1870. 1t was decided in State VS..
Pacific Guano Company coz 5. G. 500
that the rule Of construction applicable
to the right to mine in the beds Of nav
i9ablc streams containing phos phate de.
posits 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. | concur in that view, and apply.
ing the rule here, it iorbids the conClu
sion that the Legislature intended an in
definite grant by the terms used. The
act OF 1876 must necessarily be reaG i,
connection with that OF 1870, and thi:
being done, it seems clear that the du
ration OF the exclusive right. as claimed
was not thereby enlarged. This conclu
sion is strengthened by an examination
OF the many acts IN relation to phos
| phatc 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
t cannot be properly held the State in
tended to depart from by the Act of
1876. 1t follows that the clam of the
dcicndent to the exclusive right to mine
within the mentioned territory, indclin-
itely, at one dollar per ton, cannot be
sustained.
3. This being 50, and IN view Of the
provisions Of the Act of 1890, an iniunc-
ton ought to go against the defendant
restraining it, as prayed, until it shall
take out a 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 rs is inconsist-
cI:t with the order go entered.
i. Pending the filing ei 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 SimonLon cOncurs in the above
opinion.