The Pickens sentinel. [volume] (Pickens, S.C.) 1871-1903, 1893-11-23
PORT ROYALS FUTURE.
WHAT ATTORNEY GENERAL TOWN.
SEND SAYS OF IT.

SEND SAYS OF IT.
He Advlses the General Asss mbIy to
Guard Against Pitfalls, and NJ .ke Til It
Port's FutureSecure.
COLUMBIA, S. G., 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 .atus of
each case beng given.
There Is uOthing in the report, how
ever, of more widespread interest than
the Attorney Generals synopsis of the
cases by which the unbottlinR of Port
Royal has been temporarily accom-.
liished and his suggestions to the Gen
eral Assembly as to the manner OF
making the unbottling permanent.
AFTER deY0t1ng several pages of in
terest to all bearing upon the action of
the Legislature looking towards this
matter. Maj. 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.
tton over the subject of the action.
that the plaintiff (the State) had no
legal capacity to sue, and that the COM
plalnt did not state facts sufficient to
constitute cause of action. These
demurrers were also overruled by
Judge Aldrich. and thirty days allowed
the defendant to answer or appeal.
Thereupon the defendants gave notice
OF an appeal on a plumber Of points
from such order.
ut being then absolutely necessary
that some administrative orders should
be passed instructiDg the receiver as to
the management of the road pending
the appeal, they were proposed by his
counsel to Judge Aldrich and sigaed.
Forthwith the defendants entered an.
peals TO the Supreme Court from all
these orders.
"This makes three separate apperls
In each of the cases, and there beng
two cases, l. makes six appeals in ali
taken by the defendants end now pend
ing before the Supreme Court of the
State.
"These appeals 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, it Is more than
probable that an INN. ediate 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 interlocutory
orders, so that the cases will have to
come back for trial anyhow. 1t will
be readily lseen from this that whilst
50 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 a
receiver appointed, that the litigation
promises to be interminable. So far
from the Central Railroad availing it.
self of the locus penitentiae allowed by
the General Assembly, they have inter
posed every possible technical objection
have strenuOusly refused to recognize
the Jurisdiction of the State courts,
and have In every way possible delayed
and 1mpeded the progress of the cause.
The Outgoing receiver, who still Is
president of the Central railroad, has
tailed 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 IA
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.,
1ted portions of our coast in the last of
of IN HN
Fort Royal and Augusta Railway Com
pany. A large portion OF lis wharves
were destroyed, its warehouses un-
rooted, tire Slles and bridges washed
down, and its track from Port Royal
TO 4e1nasste torn up and dam.
aged so that 1t was entirely impassa-
BILE. With great and cOmmendable en-
ergy and zeal the receiver, Mr.. Averill
personally superintended the restOra-
ton Of his road, and IN a wonderfully
short period of time had it open
for transportation.
"But despite this serious obstacle to
successful operations, he has not only
handled the usual business on the road
but has communication with Europe
through Port Royal by a direct line of
steamers leaving Port Royal bimonth
ly. This is the pioneer line. Circum-
stances all tend to show that as soon az
1t Is satisfactorily demonstrated that
Port Royal Is open, and will remain
open vessels will crowd into its ample
barbor and the great object originally
contemplated by the State in granting
this charter will be accomplished
"Anoher proof of the correctness of
the Slats's position Is shown bv the
cotton movement at Augusta. with.
out cutting rates at all the amount of
cotton carried by the Port Koyal ra,,.
road out of Augusta has bpen five nr
Six times as large in proportion as r.
was during the past season. In fact
the cotton moved by the Port RovaI
road exceeds the amount Of cotton
movedby all other roads out of Angus.
ta put together.
"The great drawback to permanent
success ls the uncertainty as to the re-
suit OF litigation. A receiver, however
able be may be, is always handicapped
by the necessary uncertainty of his
tenure. His receivership may last for
years. but may terminate at any time.
NO contract that he can make is bios.
ing beyond the term of his receiver
ship.
"Tbis Is felt particularly in neqotia.