The people's journal. (Pickens, S.C.) 1891-1903, 1901-08-08

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boundary line between the counties o
"reenvllie and Spartanburg, at ant
near Pelham Factory. All of the de,
iendants answered, except The Pelham
Nil s. On April 2, 1898, the case was
referred, by consent, to the Master OF
SparlanbutS County to take the tcsti-
mony and report the same TO the
Court. which the Master did, after
holding several references. The case
was tried before Judge Gage at Spar
tanburS in September, 1899, and he
HE'D his decree dismissing the COM
plant on October 10, 1899. From
said decree plalntif on October II
1899, gave notice of intention 10 ap-
peal to The Supreme Court"
Ihc position of Spartanburg County
and THAI OF those opposing is given in
part III the conclusions Of Judge Cages
decision, in which he set aside the
linding Of the commissioners. Judge
Gage held, among other things:
conclude, therefore, that Millo'
Statistics is only an historical work,
and the description given there of the
disputed line Is not OF binding force.
Mills Atlas throws no light on il, cX.
ccpt it shows IIutchings Mill TO be on
the Grccnvillc side. | have found
no statute which changes the boundary
described III these two Acts, the one
of March, l7S5, and the other March,
l1S6.
My conclusion, therefore, is that
the old Indian line of Cooks survey
is The true line betwiNt the counties,
without reference to the course named
III statute and without reference to
Abncr's Mill. If that be so, and if the
hle located by the report does not con-
form thereto, then the report is wrong
and the award cannot be enforced.
"lt may be that the Harrison line
is in the nciyhborhood of the Indian
boundary; tut the very object of This
survey was accuracy. 1t is admitted
ON all hands that a part of the Pelham
Mile lies in Grccnvlllc; the contest is
about the mill erected in The past ten
Years, where does it lie? An the SUI
rcyors testify the Indian line can be
accurately laid down; it is not a case
Tor approximations. 1t would be un-
PR tilabc II 90 through the testimony
- show the character Of the survey.
1t satisfies me that the work was not
done with cxactncss, that in several
Instances it IS manifcstly erroneous,
ana as Il permanent work it is Of no
value.
Aud this leads III, to a considcra.
ton OF the last question, to wit:
"S!'all the report be rccvmmittcd or
rel cted; and if rejected, shall new
commission be named to locate the
true line?
81 am Of the opinion it would not
be Wise TO rccOmmit the matter to the
three gentlemen who have already
made the attempt at location. There
is some authority for the appointment
work; but IN tins case th" defendant Is
III posscssi II of this disputed territory
and tias no hing to complain OF.
"Thc rlanliir rcsists the appoint
ment OF commissioners by the Court,
on the ground that the location Of the
county line is d question of policy for
'hc law-maHing power, and not Of law
for the Judiciary. But in this State
thc same organic law which created
L
created also The counties and set their
boundaries. There is as little authority
for the Legislature to intervene as for
the Court 20 do so.
incline 10 the opinion that what
is Il true county line is, under our Con-
sutution, n question Of law and not of
p"licy. However, without reference
to the legal rights Of either side to
have a direction by the Court to new
commissioners. | think a light al lust :
mcnt Of the controversy can be best
and quickest reached by vacating the
award and stopping there. Wise
counsel and mutual cooperation can
do the rest
1t is, therefore, ordered, adjudgcd
and dccreel that the award made here
in by l. II. Harrison and w. j. Kirk
dated 1llh April, 1886 be, and the
same is hereby, set aside and made null
and void.
I" 1t is further ordered that the COM
plant be dismsscd.'
The Supreme Court ovcrrulcs Judge
Gage. The Pelham Mill property
under the decision now goes entirely
mo Grccnvillc County, and it is
estimated by citizens Of Spartanburg
County that from 5000 900 to $500 ,OOO
worth Of property that has been in
Spartanburg County will under tho
decision filed so into Grccnvillc Coun
ty. 1t appears that the decision end:
the case.