Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1904-10-18
Alisetllaasaus gsading.
FIRST BLOOD FOR MERGER.
no BE CONTINUED.

Judge Dantzisr Renders lmportan.
Opinion In Railroad Consolidation
Cases.
On Wednesday. the 18th instant
there was filed in the clerks office at
Aiken by Judge Dantzler a decision OF
more than ordinary Importance to all
the communities along the recently
leased lines of the Southern railroad
It was the case Of Paul B. Glover
against the Southern railway for s172,-
300 penalties at 800 per day for operat-
ing the South Carolina and Georgia
railroad-it being claimed that 1t was
competing line. The text of this de-
cision is given below as Of valuable in-
formation to all concerned. Besides
that case, for the same reasons that
the complaint was dismissed in that
case and on the same grounds, an or
der was filed in the suit Of William A.
Edwards against the Southern railway
for s77,200, and also similar order In
the suit Of B. F. Holley against the
Southern railway for $11.S00. These
cases were heard by Judge Dantzler
at the.Jure term Of court at Aiken and
argued fully before him soon thereaf-
ter at orangeburg by the respective
counsel representing the litigants, and
the decision is in favor Of the railroad.
The plaintiffs were represented by
Messrs. James F. Izlar, G.. L. Toole,
Sawyer & Owens and r. B. Carter.
The defendant company was repre-
sented by Messrs. B. L. Abney. d. 8.
Henderson and A. T.. Smythe.
An abstract Of Judge Dantzler's de-
cision in the Glover case is given:
The action was begun in January Of
this year and the defendant filed de-
murrer. The case was docketed for
trial in June. Upon the call Of the
case the railway attorneys moved to
dismiss the complaint on the grounds
that under the act Of February 10, 1902,
merging the Asheville and Spartan
burg, South Carolina and Georgia and
South Carolina and Georgia Extension
and Carolina Midland mo penalty ac-
crued or arose by reason thereof and
no action can be maintained against
the Southern Railway company to re-
cover a penalty under any statute of
this state" The motion was argued
and has been granted.
Also Judge Dantzler stated that the
recent act authorizing the attorney
general to bring suit to test the lease
Of the South Carolina and Georgia to
the Southern included a clause that
the remedies and penalties Of that act
should be exclusive and should super
sede all other remedies and penalties
prescribed beforehand. This action
was brought to recover penalties for
operating competing lines and such ac-
tion cannot be maintained by citizen
except by statutory authority.
The plaintiff brought action under
the act Of March 2, 1897, entitled ITO
provide a penalty on railroad compa-
nies owning, leasing or operating COM
peting railroad lines within this state,
and to provide for the recovery there
Of" but Judge Dantzler held that PEN
alties of this act were practically su-
perseded by the penalties Of the recent
act to test the lease. The recent act
has, however, never been carried into
effect.
He holds that the legislature, by the
act Of 1902 authorizing the South Car
olina and Georgia lease to the South
ern, INTENDED to deprive any citizen
Of the right to bring an action attack
ing such lease and to that extent the
act Of 1897 Is repealed" He further
holds that as these actions are brought
under the act Of 1897 they have no
real grounds.
Plaintiffs counsel hold that the acts
OF 1902 and 1894 are unconstitutional
because the constitution stipulates
that when general law Is applicable
no special law shall be enacted. Judge
Dantzler holds, however, that the leg
islature Is the best Judge Of whether or
not special law is needed.
The decision is very long and
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