The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1895-11-20

the works or franchises Of, or in any
way control, any other railroad or
other transportation company and no
telegraph or other transmitting COM
nSowning or having under Its con,
trol u parallel Or competing line; and
the question whether railroads or 9th
or transportation companies or tele-
graph or other transmitting companies
are parallel or competing lines shall,
when demanded by the party COM
plainaut, be decided by jury as in
other civil causes.
SECTION EIGHT.
Section s was called up, and Mr.. j..
L. Glenn offered to amend BY insert
ing after the word Estate" on line SIX,
the words "unless the railroad so op-
Grated or leased isowned by a corpora
ton chartered by the laws OF the
State"
Mr.. w. B. Wilson then moved to
table amendment, after stating his
reasons therefor.
Mr.. Glenn-My position is not as he
would have you believe. If a corpo,,
ration owning or leasing railroad
under the decisions of our courts that
corporation can be sued and held re-
sponsible.
Mr.. Henderson-Suppose the corpo,
ration in this State is insolvent and
you wish to reach the outside compa-
ny?
Mr.. Glenn-All judgments come be-
fore bonds and mortgages and have
no idea whatever of throwing those
cases in the United States courts.
Mr.. Johnstone-I would not for a
moment seek to throttle the railroads
of this State, but I am opposed to
them becoming the masters of our peo-
ple. and I agree with tide gentleman
from York that we should force them
to take out charters in this State so
that they will be amenable to our laws.
Mr.. Prince said he could see no rea-
son for this measure.
Mr.. Johnstone then spoke again and
said that there were really only two
constitutional principles involved IN
the whole article. One was the sec
ton embodying the statue of 1911. He
wanted to know why they wanted to
take the cases to the United States
courts.
Mr.. Prince answered that it was to
let railroad get justice in country
where the jury was not influenced by
the local plaintiff.
MIR. Johnstone said that the other
day Mr. Paince was an earnest sup
porter of local self government.
Mr.. Prince-In criminal matters,
which are very different indeed.
Mr.. Johnstone was heartily with
the gentleman from York. They
should not think that he was a vulga-
rian opponent to either corporations
or capital. There was quite a tilt be-
tween Messrs. Johnstone and. Prince
about the United States courts.
Mr.. w. B. Wilson once more spoke
very earnestly on the same line. II
they passed this matter they would
prevent any such corporation coming
in in the future. 1t will restore old
charters and get them into line again
make them domestic corporations.
Mr.. B. R. Tillman-Suppose you dc
not, what is your remedy. 1t seems
to me that if you get these roads back
into line by this scheme, that is the
very backbone of the whole article.
Mr.. J. L. Glenn said what he want
ed to do was to keep any road system
from coming in in the future.
Mr.. Haynsworth made a few re-
marks and then Mr.. Princes motion
to table the section was voted down.
Mr.. Glenn's amendment was then
tabled.
Senator Tillman offered to amend by
inserting after the word operated"
on line three the words ''or is now be-
ing operated in the State" which was
agreed to.
The section was then adopted as fol-
lows.
Section s. The general assembly
shall not grant to any foreign corpo,,
ration or association a license to build
operate or lease any railroad in this
State; but in all cases where railroad
is TO be built or operated or is now be-
ing operated in the State and the same
shall be partly in this State and partly
in another State, or in other States, the
owners or projectors thereof shall first
become Incorporated under the laws
of this State; nor shall any foreign
corporation or association lease or op-
crate any railroad in this State unless
the railroad so operated or leased is
owned by corporation chartered by
the laws of this state, or purchase the
same, or any interest therein. Con:
solidation of any railroad lines and
corporations in this State with others
shall be allowed only where the con-
solidated company shall become a
domestic corporation of this state. No
general or special law shall ever be
passed for the benefit of any foreign
corporation operating a railroad under
an existing license Of this state or un-
der any existing lease; and no grant
of any right or privilege, and no ex'
emption from any burden, shall be
made to any such foreign corporation
except upon the condition that. the
owners or stockholders thereof shall
first organize a corporation in this
State under the laws thereof, and shall
thereafter operate and manage the
same and the business thereof under
said domestic charter.
SECTION NINE.
Mr.. Stokes moved the addition of the
following:
Section 9. Nothing prohibited by
this State shall be permitted to be done