The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1893-11-22
PORT ROYALS FUTURE.

PORT ROYALS FUTURE.
WHAT ATTORNEY GENERAL TOWN
.. SEND SAYS OF ir.
He Advises the General ssembly to
Guard Araipst Pitfslie, and Make Th at
Ports Future Secure.
COLUMBIA, s. C.,'Nov. 16.-The an.
nual report Of Attorney General Town
send will be issued by the State print
er tomorrow. The entire report deals
with the extensive litigation IN which
the State is engaged or has been en-
gagged during the past year, and every
page is of interest, the exact status of
each case being given.
There Is uothing In the report, how.
ever, of more widespread interest than
the Attorney Generals synopsis OF the
cases by which the unbottling Of Port
Royal has been temporarily accom-
plished and bis suggestions to the Gen
eral Assembly as to the manner OF
making the unbottling permanent:
After devoting several pages of In
terest to all bearing upon the action OF
the Legislature looking towards this
matter. Mai. Townsend gives In de
tail the many moves in the manage.
ment of the case and then proceeds:
"The defendants then interposed q
demurrer to the complaint, on the
ground that the court had no jurisdic-
tion over the subject Of the action,
that the plaintiff (the State) had no
legal capacity to sue, and that the COM
plant did not state facts sufficient to
constitute q cause Of action. These
demurrers were also Overruled by
Judge Aldricb, and thirty days allowed
the defendant. to answer. or appeal.
Thereupon the defendants gave notice
of an appeal on plumber OF points
frem such order. .@.s
"It being then absolutely necessary
that some administrativ orders should
be passed instructing the receiver as to
the management Of the road pending
the appeal, they were proposed by his
counsel to Judge AIdr1ch and sigaed.
Forthwith the defendants entered ap.
peals to the Supreme Court from all
these orders.
"This makes three separate appeals
in each Of the cases, and there being
two cases, it makes six appeals In all
taken BY the defendants and now pend
ing before the Supreme Court OF the
State. ~. -
aThese appesls will probably be
heard at the approaching term Of the
Supreme Court, but in the orderly
course of events the decision will not
be rendered until some time In the
spring. If the Supreme Court should
sustain Judge Aldrich In holding that
the case had not been removed to the
United States Court, 1t Is more than
probable that an immediate appeal Will
be taken by the defendants to the Su-
preme Court Of the United States,
where the case will be locked up for
years. And at any rate none Of the
appeals are on the final merits Of the
case, but are merely on tnterl0cutory
orders, 80 that the cases will have to
come back for trial anyhow. It will
be readily fseen from this that whilst
SO far the State has been successful In
the position she has taken, and the
courts have recognized her right to
institute these proceedings and have q
receiver appointed, that the litigation
promises to be iDterminable. SO far
from the Central Railroad ayailiDg It.
self of the locus penitentiae allowed by
the General Assembly, they have inter-
posed every possible technical objection
have strenuousiy refused to recognize
the jurisdiction Of the State courts,
and have in every way possible delayed
and impeded the progress OF the cause.
'sThe outgoing receiver, who still is
president of the Central railroad, has
failed to deliver to Mr.. Averill as re-
ceiver all the property and assets in
his hands, belonging to him, and has
shown no disposition whatever to "a
cilitate the purposes of the State.
"The action Of the State Is more than
justified by the results already attained
through the new management Of the
road. The terrible cyclone which Wis
tied portions of our coast In the last of
August wrought great havoc with the
Port Royal and Augusta Railway Com
pany. a large portion OF its wharyes
we're destroyed, its warehouses un.
rooted, tresiles and bridges washed
down, and It's track from Port Royal
to Yemassee torn UP and dam
aged 80 that 1t was enrirely impassa-
BILE. With great aud commendable en-
ergy and zeal the receiver, Mr.. Averill.
personally superinteDded the restora-
ton of his road, and ID a wonderfully
short period of time hadit open
for transportation.
70 nhafQnIQ
successful operations, he has not only
handled the usual business on the road
but has communication with Europe
through Port Royal by direct jiue of
steamers leaving Port Royal bimonth.
ly. This is the pioneer line. Circum-
stances all tend to show that as soon u,
It Is satisfactorily demonstrated that
Port Royal is open, and will remain
open vessels will crowd into its ample
harbor and the great object originally
contemplated by the State IN granting
this charter will be accomplished.
Another proof of the correctness Of
the States position is shown by the
cotton movement at Augusta. With
out cutting rates at all the amount OF
cotton carried by the Port Royal rail-
road out of Augusta has been five or
six times as large in proportion as 1t
was during the past season. In fact
the cotton moved by the Port Royal
road exceeds the amount of cotton
moved by all other roads out Of Angus
ta put together.
''The great drawback to permanent
success Is the uncertainty as to the re-
suit of litigation. A receiver, however
able he may be, is always handicapped
by the necessary uncertainty OF bis
tenure. His receivership may last for
years. but may terminate at any time.