The people's journal. (Pickens, S.C.) 1891-1903, 1896-01-16
THE Il. Il g. w. q. SALE,
The Fight Now i'm the Courts Against
COnfirmatiOn
Augusta Chronicle


Augusta Chronicle.
At the recent sale Of the Port Royal
and Western Carolina Railway, Mcssls.
Thomas and Ryan werc the purchasers.
1t was understood generally by tn,
public that they represented the South
crn Railway in the purchase. The
people OF the counties travcrsrd bv
this railroad built it by liberal sub
scriptions for the purpose of obtaining
Il competing line, but they SAW tur.r
road gobbted up by the Central, ana
tho latter in turn swallowed by tho
lIchmond and Danville and the very
object they had in view defeated.
When the recent sale took place under
tho Central reorganization plan and
it was understood that the purchasers
were the trustees Of the Southern
hallway, and they woro about to be
bottled up moro cIrcctually and per-
manently than ever, tho counties OF
Spar.anburg, Anderson and Greenvillc
decided to movo in tho matter. Nc-
and tho law against one line contrui!-
ing rival line was invoked to prevent
a confirmation of the sale.
| The shlo was had under u decree OF
the United States Court anu ON Sa,ur-
day the purchasers through their at
torneys appeared before United States
Judge SimOntOn for u confirmation of
the sale. The counties above named
were present by their utturneyto objects
to the confirmation on the ground that
II was IN direct violation both of the
statute and organic law of Carolina.
Attorneys for the purchasers took
the position that the court had nothing
to 40 with the purchasers and was only
sitting to ascertain il the sale had been
held In accordance with its decree. If
| it found that the order of the court
had been followed then it was tho duty
OF the court to confirm the sale. Thcy
argued that If, after the sale had been
confirmed, the State OF South Carolina
should find the purchasers were in
possession in violation OF her State
law, then it would be competent for
her to proceed against them, but the
action OF Judge SimontOn was simply
formal and extended only to seeing
whether the OrdCr of tho court had
been complied with in tho sale. The
attorneys for the counties combattcd
THIS Wow, and asserted that it was the
duty OF the court to ascertain whether
or not the purchasers were competent
purchasers under the law, or " neither
or not they wurC barred fro II purcnas-
ing.
The attorneys for the purchasers
then argued that there was nothing
before the court to show that Mcssrs
Thomas and Ryan, the purchasers,
bad not bought tho road for them.
selves, and til 1t was ;ln unwarranted
assumption to say they had purchased
IL Tor the Southern Railway. IT. was
ON this phase OF The case that Judge
olmonton then postponed tho h, airing
until the 18Th OF January to allow tho
procuring OF testimony to show who
The purchasers were acting for, and
whether or not there is any evidence
that by the sale the road would pass
mo the control Of a competing llne
The rcpres, natives OF the counties
rrGard this its q llte Il victory since
Judge Slmonton thereby recognized
Lnc State law against the control Of a
railroad by competing line, and over
ruled the position that all he had to
90 was SIMPLY to see That the order Of
sale had been complied with. What
may DC the result OF the hearing IL
lcw weeks hence cannot be fOretUld
but the result will be awaited with no
small degree Of interest by the public,
as well as the parties at interest.