The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1899-05-03
v arrans Of Law.
CITY Ceuncll Cannot Grant
Right Of Way Through
Streets
Without Special Legislative Enact
msnt-phe Grant to the North
western 3. q. Therefore
Null and Void.

western 3. Il. Therefore
Null and Void.
From the Daily Item, April27.
When the City Council was called to order
at 8 80 O'CLOCK last night the council chamber
was crowded with an intensely interested and
earnest assenblsge Of taslEess men who Lad
ra:hered 10 learn what action Council would
take ia reference 70 the Dingle Street railroad
probiesn President Thomas Wilson OF che
Northwesie,u B. r. and his attorneys, Mr.
Jos. f. Rbame of Manning: and Mr. Fitz-
simmons of Charleston, we're also present.
Council was late in assembling as, the spe-
=eiai committee. consisting Of Mayor Wilson
and Aldermen Hnghson Carson and Flowers,
10 which the Dingfe Street question had bsen
rsfe.red did not come 10 untii $3.50 o'clock.
After the body was called to order, the
minutes Of the last regular nesting we're read
ard approved.
The minutes Of the special meeting held
scn April 18Th, at which The grant of right
Of way through Dingls Street was made,
were read and approved.
Ths miuutes Of special called meetings of
April 24th were read and approved.
Mavor " iissn stated if any of the citizecs
Who were presen. had any statement or COM
snEnicasico to make, council weald be glad
10 hear them. No one had anything to say.
The report Of the special committee oa
railroad right of way was called for The
chairman, Alderman ]. s.. Haghson, present.
ed the report of the committee. He stated
that be would, with the permission OF coun-
scil, frst read toe opinion of Haynsworth &
Eayusvorth on the questions submitted to
them By the committee. The opinion ~ full
was as follows:
20 Alderman ]. S. Hnghson. Chairman, and
Others, Members Of the Committee of the
City Gouocil Of the City of Sumter.
Gentlemen We have been requested by
you to give you our legal opinion upoo the
cuestioa Whether the City Council Of Sum
Ter has the legal right to gr6at right OF
way for the laying ofa railroad frsck through
the extension OF Dlngle street.
The irss point TO be settled ia whether tie
extension of Dingle Street is stree. Of the
cry Of Sumter.
4 street may ne established by dedication,
which Is settiug aside or appropriation OF
lsnd by the owner for use as q public strees.
Aoy language or instrument setting apart
land for pubic rse as street may bind the
donor from the time OF acceptance by the
public. A dedication can only be made By
she owner or proprietor Of the land or OF go
estate therein. The owner of the equitable
essats may make valid dedication.
There can be no valid dedication without
an intention ON the part OF the donor 20 set
sside the lsnd for public use, bat this intsn-
ton may ba implied from circumstances as
well as proved by direct evidence. The ded-
ieation must be accepted TO render it complete
IS against the public. The question as to
whether the extension Of Dingle Street has
been dedicated and accepted as street is to
De determined by the facts aud circumstances
bessing upon it.
The original agreement between the City
Of Sumter and toe Sumter & Wateree 2. r.
Co, shows clearly the Intention Of the parties
so that iostrument 20 dedicate as street the
said .sextension." The acceptance of sa,d
dedication by the City Ccuncil is shown both
said extension has been laid of as street
snd graded by the City Council, ss we are
informed
Whether the Sumter & Wateree R r. Co.
is the legal or equitable owner of the land
covered by the said extension. is one Of fact.
as to which We can only give supposititious
opinion. We are Informed that the legal
eesate thersin is in Mr.. Burnham. who
holds il for the Sumter 4 Waferee &. R. Co.
II this be so the said company is the equitable
owner and competent to dedicate said land as
street.
Assuming then that said extension has been
sufficiently dedicated aud accepted as street,
the question as 70 said extensions is precisely
she Same as it would be as to any other
street OF tbs city, and may be stated in gec-
ersl terms az "Eas the City Couocil of Sum-
se. .ne legal right or power to graut right
OF way for the laying Of railroad track
;arougb any of the streets of the city Of
Sumter ?''
With respect to this it may be said that SIT
10 fundamental principle that the powers Of
9 municipal corporation in respect to the
control of It's streets are held in trust for the
public benefit, and cannot, unless authorized
by e valid legislative enactment, be surren-
dered OF delegated by contract to private per-
sops or other corporations I'D Dillon on
MN. Corp, 4sh Edition, Sec. TIC p. SGT
sThe usual powers of q general nature in
municipal corporations over streets are not
sufficient to confer upon them the right to
authorize appropriation of streets by ordi-
nary railroads which connect diffsren, towns,
whose tracks sareconssruc.ed in the usual man
ner and whose trains are propelled by steam
eat is is otherwise as respects horse railroads;
these are for local srsvei snd ordinsry powers
CO municipal corporations are often ample
eaough,. il the absence of express or other
3egisla,bn on the snbjset, indicating DIFF
fssent intent, to authorize them to permit or
rescss TO permit the nse of streets within
their limits for sueh purposes "-idem. Sec.
723. p. SIS.
An examination of the charter of the
City of Sumter does not disclose the cou.
fesrmeat Of such power by tho Legis!a-
surs of the state upon toe City Council. If
there has beea coy valid legislative enactment
os general nsture, eonferring such powers
upon the City Council. of Sumter, we have
no, been abse to End it.
The Act to incorporate the Sumter 4 Wa
ter.e &. r. Co f22 Stat. p. $50, empowers
the lsst named company, by and with the
consent OF the City of Sumter or Camden, TO
.t.~:. II. L 3 ~