Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1918-12-10
COLUMBIA CANAL LITIGATION.
State Seeks Return Of Very Valuable
Property II Rightfully Owns.

State Seeks Return OF Very Valuable
Property II Riehtfully Owns.
Columbia, December 5.-The frs
step in what will undoubtedly be
long drawn out lawsuit, involving mil
lions Of dollars, was taken yesterda,
afternoon when the Columbia Cana
commission, which was created by thu
general assembly in 1917, had thu
sheriff Of Richland county serve upor
the agents Of the Columbia Railway
Gas and Electric company. which
holds the canal. n subpoena requiring
the company to turn over to the COM
mission certain records and data Of the
company. its predecessors and subsidi'
ary Interests dealing with the water.
way. This action is taken under au-
thority of an act Of the legislature
passed at the last session, which pro
vides that the canal commission car
require of the company the produc'
tion of any and all books, papers OF
other documents or writings which
may be relevant to any investigation.
The act provides that failure to pro.
duce the papers shall be deemed ir
contempt Of the commission and the
penalty may be imposed upon the
agents or officers of the company up
' on an order Of the commission, in the
common Jail to be held until he or they
shall comply with the order Of the said
commission"
! The commission in its subpoena re-
quires the production of various rec.
ords. list of which is attached to the
order. The order directs c. NJ. Tew
auditor of the company, to produce
the records in the office Of Attorney
General Peoples, chairman Of the COM
mission, at 1890 o'clock on the morn.
ing Of December I. While they have
made no statement, it is understood
that the traction company people will
seek to resist the action directed by
the subpoena by going before the su'
preme court, probably today, and ask
ing for an injunction restraining the
carrying out of the decree Of the com
mission.
The Columbia Canal commission, as
defined in the act creating 1t, Is com
posed of Thomas H. Peoples. attorney
general, as chairman; Neils Christen'
sen. chairman of the finance commit
tee Of the state senate; Huger Sinkler
chairman Of the senate judiciary com.
mittee: Junius T. Lyles. chairman Of
the ways ard means committee Of the
house of Representatives; and Jesse w
Boyd chairman Of the judiciary COM
mittee of house Of representatives, a.
members.
The Columbia canal. a waterway
paralleling Broad river for three mile.
or more, and terminating at the foot o!
Gervais street, in the city Of Columbia
was built by the state soon after thu
war, and has been a source of legisla
tive dispute and court litigation almos
ever since. The state, after spending {
great deal Of money on it, turned thu
property over to the city Of Columbia
in 1887. on condition. among othei
things, that the city should complete
the canal to Rocky Branch. a small
stream emptying into the Congare'
river about three miles below the city
The city in turn transferred the prop
erty to the Columbia Water Powel
company in 1892, and that compan.
transferred 1t to the Columbia Stree
Railway company in 1905. That com
pany, in turn, transferred 1t to tn,
present owners, the Columbia Railway
Gas and Electric company. Failure t
carry out the original contract Is alleg
ed by the Canal commission as tn,
cause of the present action. Som'
time ago the Canal commission declar
ed that the property had reverted t
the state. and the latest move, to ge
possession Of the records of the compa
ny, Is due to the desire Of the commits
sion to see just what profits, arising
from the sale of waterpower develop
ed by the canal and its rental to othe
concerns, are due the state.
Edwin w. Robertson of Columbia,
president Of the local traction com
pany. the present holders Of the cana
property. which has been estimated t,
be valued at several million dollars
The attorneys for the Canal commits
sion are ]. Frazer Lyon, former attor
ney general, and B. L. Abney Of Co
lumbia.
Among the ten specifications Of rec
lords and data demanded Of the Colum
bia Railway, Gas and Electric com
pany, its predecessors and subsidiar
Interests, is the following: That h
produce all agreements between tn
company as present named, with tn
Parr Shoals company, corporation
the state Of South Carolina, or con
tracts made with the Parr Shoals Pow
er company for the supplying Of powe
under former contracts held by tn
Columbia Water Power company, o
the present company and its predeces
, sors, and all transfers Of power con
tracts which were formerly made wit
the company in its name or by II
present name, directly or by agree
ment, and all contracts made for fur
! nishing Of power to any institution /
or near Columbia, railroads, mills, tn
city Of Columbia, state and any enter
prises in or near the city Of Colum
bia-"