The people's journal. (Pickens, S.C.) 1891-1903, 1899-04-27
The Peoples Journal.
PICkENS 8. O.
THE RIGHTS or RAILROADS.
Gan tho Owners be Kept from De-
molishing tho Road or Prevcnt its
OperatiOn by others

The principles involved in the issues
nroeontcd in the Carolina, Knoxville
and Western railroad case, "hlch
comes before Judge Bra"lcy next
week, pertain to the Fundamental law
upen tho relation OF the raiiroaus 10
the public. The decision WIN 1e OF
vast Importance and the elect Will Do
far reaching, setting y precedent, there
boinp few cases Of the Kind noted in
tho books.
Tho plan for the construction Of tho
Carolina Knoxville ana Western road
was based upon the ncen Of two great
sections, q need which has not yet been
filled and plans for which are still un-
der discussion, the proposed routes be &.
ing different. Tho idea in view was
the construction of u trunk line across
the mountains, giving at Augusta and
Port Royal an outlet for tho great re-
sources OF the territory around Knox.
Vile. The scheme is fascinating ia its
varied aspects and it has been the
cherished project OF dreamcrs, ptactt-
cal and impractical. No less " person
ago than John &. Calhoun tOrcsaw the
eminent desirabilty Of its Hccompi6h- =
ment and the grand results to be OBJ
tanned.
For time the Carolina, Knoxville
and Western pro- Jet seemed 20 have
success at hand. The people along the
route grew enthusiastic Hnd many
townships in this State and North Caro-.
lima voted bonds. Suits upOn these
township bonds have since been IN the
courts. Grccnvillc County, which
would have benefited SO largely, voted
an immcso subscription winch was
wisely conditioned upon tue road >
completion to Knoxville. The work
progressed, mach grading being zone
I,,..
the mountains. The track was laid
north II miles from Grc.uyitIu Huu sub
scqucntly to the little town Ui MarictL&,
IL miles, nesting among the Imposing
foot hills OF the Blue N!GGr. BUG
financial troubles overlook luU COnlraG-
tors, Knoxville refused 10 do her JArU
because Of an inefficient city COuuCii,
the bane of more than one municipality
Various stages Of litigation cn5uyu and
Il receiver was appointed. From l>Sy
to 1892 the road, us fiSr rs cumpi>i-u,
was operated ana The receiver con-
-inued It's operation until 1896, when 81
sale was ordered Since lhuu II has
not been opcratcd, and tac NOR,
recent legal developments, are l&uiIi4r
Under II decree OF the ttUC al court
In partition prOCnIdiugs, the owner:
began tearing up the rails for the par
pose of sciIlng, and those iNtyrrstr,
now lntcrpOSC 70 compel the operation
of the road.
The interest which the State mas /.
tho operation OF ~ railroad j. d-uucG,
from well established and ltuG-uOQuru,
preccdcntS. 1t vas ruGugHiIoI M Ibl
earliest stages Of civilization tyu; ah.
erection and maintenance q D.b.,
highways was one Of the powers IN,
OOll"atlon5 Oi = sovereign State. Tul
necessities vi civilization, OF comm. &C.
OF war, require facilities for communal
cation and transportation. Roma!
roads were synonymous with RJmal
progress, ana the great hnwhwGys hui.
by the all.conQucring pyup!c OF lu
Italian city stand now as UVIUongn Of ,
great peoples rule in ages past. Erlr
nation has followed RJmC's vNAml... i
on Il smaller scale.
One OF the early mctu0Ja or roH,
building ana maintenance WAS IN
toll " road, constructed by person
authorized to do 50 by the State, thgi
compensation to come from tho "i0l $
required OF all passengers using IT,
roads. The State or governmental uu
thOrity granted to the toll road men
franchise, just as is now done In tht
case OF railroads. Toll bridges ant
Ierrlcs arc the same in prinCtplG aut
methods OF transportation upon in
ternal water courses come under thi
head.
Wien railroads began TO be bull
this recognized and acCcptCu theory q
public propriCtorship or interest i
roadways and highways was at one
applied TO the new means Of cOmmUni
cation and transportation. Some O
The hrSt railroads were toll" roads,
fact as well as theory. The samo prin
clplc OF public interest is now uph i,
ny authorities upon railroad Law: an,
no railroad can DC constructed WithOu
Inc permission OF the people, in til,
shape OF q charter or franchise from
the delegated REPRESENTATIVES Til,
granting Of franchises is more unL
more being surrounded by Safeguard.
as the industry grows. In manY case:
the necessary rights OF Way can hC
secured only by legal proctssc., and
every railroad franchise to be effective
must carry with it to the recipient /;
delegation OF the States power to con.
acmn property lOr the public GOOD
Inc real estate OF q landowner, even
II nc be unwilling, can thus be taken
from nm Tor this public purpose upon
que compensation jusJ as in the case of
highways.
In like manner the property secured
or given specifically for a railroad
rlght OF way can be used only for that
tN' t'''S' "Ho Siioulu IL CtASt 10 o. so
USED the Ice revCrtS TO the 0riuinnl
owners. But after Il road is con.
slrnctcd, can the owners cease its
operation and remove the rails II has
pecn established that rMiir0Ad is q
qoasl-public institution in which the
PooPic nave certain rights and inter.
oa1s IL Is even cOutCndcU that tho
owners are in the position Of "toll >
t"Ners; va Cannot they be then required
TO maintain and operate tho r1nI ~
nn,o Sno toIa na;r takers of the old highways
"nob mu9b fanaI ,u9u5rc" 10 maintain the thor
owners be kept from domoIi~hinm tn" ~"
to"o h ana thus preventing i's Operation
INC immense amount Of daraco
~ ntUh ~, tT Woula likeiy be done Il com,nuni-
w oy the discontinuancc Of a ronJ NM.
htlng through it is readily seen. i, hn. "".
t;n peoh inc history OF railroad copstrnr2
tloh that along the line Of cvnr,, y, nn,. ~.