Year: 1869

cause in which the real question has been so generally
1t has been the misfortune OF our chent per-
haps that they have not sought popular arts to
and influence public opinion but have trusted too implicitly 70
the corrective powers Of the and rested TOO shg
lconyction that their be determined by udIca
tribunals and public opinion before the bar OF
they have been upon 50 many charges arraigned
we e eanne Ss should settle questions


legal belong the Courts and here nov TO
stand or fall by the law of the land SO sst.a. ss


alleged that attempting TO prevent the consruc
ton of the Columbia and Augusta Railroad and that our
sition springs entirely We ehave no such object
We seek neither to destroy the road prevent It's completion
take from the company one single right OF way or other
privilege that belongs to them We do not propose 70 inter-
fere with any legitimate oction other charter but to simply
to them you and Of the power
YOU have derived from the State effort is to
and keep the Columbia Augusta Railroad within the
more


In the discussion upon which about to enter shall
avoid much possible all debateabie points and TO
rest our case upon plain principles of law and facts that
cannot be called in question TO the subject down.
therefore propose the outset to declare, what we concede


We eoneede the right Of the oam6a and Anga & q a
iteye GraneyfIe and and there
stand say thai is the utmost extent of the
right which by any declaration of Court possible
inference law been be granted apd beyond that
you 60 You may build road hom Granteve TO
Hamburg bit you cannot build on our land Avoid our one
hundred right little strip of land guaranteed
to us under our charter vested by the Legislature
and you may build when, where and how you please But
q. ~ ~ Z


Here may please your Honors have conceded thing
which decided by the in 18th Richardson's Equity In
deed gone beyond what can be referred
as the decision in that because is there left
doubt whether the company had right to construct the road


Graneve Hamburg This dsposes entirely of the plea
res adadad It utterly impossible that the question which


now make could have decided in the before the
Court of Errors in 1887 before the Chancellor in May Or


OF the m a1 o.
until July 1863 while the decision Of the Chancellor
the circuit made In june 1867 and the decision Of the





physically impossible for the Court decide upon the to
build land because human tribunal knew where the
be definitely located and because not located
until fully year after the decision OF the Court had been
announced. r@s


Is there hen anything unreasonable in the application
make or in the opposition we set up Is It not on the con
tray fair and proper for the South Carolina Railroad Company
to concede the Columbia and Augus Railroad the full limit
of its chartered rights but at the me declare they shall
respas upon exceed that which has been legally
given and when they attempt to do nepose for
lection the law of the State and submit the whole question to
the Judgment of the legal tribunals of tho country
doing this have been form and
as setting up facous opposition public enterprise


Now contend that it rgh-more than that 1t


was our duty to bring these questions r before the and
of large and valuable public interests and they would have
been esreant to their day permitted ts
be deprived Of Its rights less than the judgment OF
the Supreme Court Of the State.


Let ascertain what the of the parties this
The South Carolina Railroad Company is in possession Of
tain lands and right of way granted by the State with certain
powers and privileges which, togsther constitute the property
T the corporation This secured them the express
and exclusive The first section of the charter Of 1928


them the "excusve make keep up and these
railroads. The ninth section gives them the power to pur
chase and have and hold any lands along which to and
locate the aforesaid road" -


These the privileges Of the Canal and Railroad Company
incorporated In 1927 Similar powers subsequently, be-
slowed the Cincinnati Louisville and Charleston Railroad
Company by the Act of 1885, Ses Sections 81 and 8
And these roads made by the Of 1S3 under
the title of the South Carolina Railroad Company which
were merged all the rights privileges and property belonging
to either That is only the import of the Act Of 184
but in Blakes case 9Th Richardson L. r. 232 the Court
expressly decided such to be the construction of the statute


Judge WiardBut subject to the qualification that the
combined powers Of the two roads extended the
whole line Between Columbia and Charleston they have all
powers of and between Augusta and Charleston all the
powers of the other road That is ALL


Mr. Conner1 submit with great deerenoe that your Honor


mistaken In the Oppenheim case to which you aude The
original line Of the Canal and Railroad Company from
Charleston Augusta the original line Of the Louisville Gin
cinna and Charleston Railroad from Branchve Cou
if your Honor correct the charter Of the
land in the City Of Chareston The Court in that case how
ever deemed it immatera under which charter the South
Carolina Railroad Company proceeded.


Had the point been determined your Honor suppose 1t
would have relieved friends the other side of much
barassment because large portion Of their argument the


Of Errors turned upon the question: whether the united
charter covered the whole road whether the first charter
applied only to the Hamburg line and the charter of 1885
the Columbia line Such decision sought but not
aware that has been rendered in any For my
entertain strong conviction that the united charter a
plies to every foot Of the track This however question
aside from the present issue We discussing The


elusive privileges attached that portion of the road between
Graneve and Aiken and to which certainly applies the Act
! of 1925 2. 18Th :.


Now the land and right way which sought to be