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union's mmm. Till? ITTVlfUlVT T11IIPC IfOPUwionofumonT* One cotton mill, one I I I. II 'I ^1 III ^1 I I I I 11 I U. S. Ceusus 1800 1,070 knitting mill under construct io.. | | I J V 'l.tf V I I 1 I I 'A /A Police Census 1805 2.000 02,000 spindle mill nearUig com- ff B * ^ J JL 1 JL \/ A. ? JL JLi. f JL B Estimated now 3,500 >letion. __ VOL XXV1I.--N0-42. UNION. SOOTH CAROLINA FRIDAY, OCTOBER 16, 1896. $1.50 A YEAR ^ MmniMiitaiuimmimuiNNMN s YOU ARE INVITED i! i S to the i I FALL OPENING; I | -at- ; I ii | Allan Nicholson's || S Oct 16,17 and 19,1896. 5 X 11 srTiorwv^ Q fn Q m Yin 1' 1 UII1 CJ IW C/ jv-f, xx^.j WHEN YOU WANT CLOTHING-, SHOES AND HATS, f g- iti '"j; - i* * -v/ "THE CANNON CO. BUY YOUR HATS FROM GRAHAM & SPARKS. The largert ytock we have ever hud and prices the lowest Our Millinery depaitinent is filled lip this season with all th choice things of the season. / All the latest stales in Ilats, Ih nnets, Tips, Plume, Feathers. Ornaments, Velvets, liibbons, etc , will be foun there and the prices arc down to the LOWEST NOTCH ! While North our Milliner attended ail the large openin and Millinery work rooms and thoroughly posted herself 1 11 > /. < llm K.i all 1110 leading styles ami laslnons, ana wm give VUll llic k>V efit of her knowledge at a VERY LOW FIGURE Iii this department you will find Miss May Coekerill, Cur Popular Milliner, who is assisted by Miss Coprie Whitesid? of Union, who w ill welcome you, and make 30U feel at ho: xv ill c i ye n Luy or not, Ccme and see us. Respectfully, Graham & Spaiks THE C K-& W-MUST RUN OPINION FILED BY JUDGE TOWN8END. RELATIVE RIGHTS UP RAILROADS AND THE PUBLIC ? FRANCHISE WAS SOLD WITH THE ROAD PUBLIC ENTITLED TO ITS EXERCISE?THE ORDER TO BE CARRIED INTO EFFHCX PORTHWITII. The long looked for decree from Judge Townsend in tho C. K. & W. mandamus case arrived yesterday afternoon from Union and was filed in the clerk's office. The prayer of the petitioners was granted and J as. T. Williams ie ordered to forthwith start operations on the road for the transfer of passengers and freight. If he doesn't wish to do this ho must sell the road to some one who will. The judge reviews at length the question of a railroad being a public highway in the operation of whieli the pqblic retains vast interest, and quotes numerous authorities in support of his contention that the road must be kept in operation. The franchise was sold along with the road* Tho right to operate i road is a franchise and the public if entitled to its exercises by tho power The decree abounds in many del Af tanr anJ hmnliOd 11 vffcV ivnm pi/111lm VI wn MUU wwvuvo U|rv. one of the greatest questions of th< ago?tho relative rights of railroad and the public. The attorneys interested in tin case qre S^qpvtn 4 Bwn wid Haync T. V. Cothran and Mr. Following is the text of the decree STATE OF SOUTH CAROLINA Cots^TV oi* Grrrxvillk. In Court of Common Pleas. The State, ox- relatione, T. B. Cm ninghatn, John H. Roe, IV. IV. Bei son, R. W. Anderson, II. Y. Batsoi and E, M. Freeman, relators, v Jantes T. Williams, owner of tl Carolina, Knoxville & Western Ku road and its property and franchise respondent. This is a proceeding to obtain writ of mandamus against James ' Williams as owner of the Carolir > Knoxville and Western railroad, eoi manding him to operate the ros The said road is in Greenville eounl The application for the rule was ma by Judge Earle on September 4 " 1806. lie issued a rule, but as e was was about to leave Greenville hold court in the second circuit made it returnable before me at U ni s. c. The C., K. k W. It. Co., wit* J corjKiration created by the act of 1 ni.l n<ijq<>ci4r>d nowor to C ujiniuiv) UM?? |FV..w?.^?- j _ dean lands for rights of wny.,also possessed the right to recc aid from intmieipal taxation. company was duly organized and ceived large public aid in the forn township bonds. In the veur l! f a portion of the road from Green' 111 by the towns of Travelers Rest N* Athens to the town of Mariett Greenville county, a distance of miles, was completed. It Hceuts mam tl.io n/tattirm vrftfl received h\* the r?>" , " road commissioners of tho State, tlytf from the year 1880 it has operated as a common carrier, 1802 a suit was commenced in United States court to forcclc mortgage on the railroad and its chisei. In this suit, II. C. II was appointed receiver, and i ' order ofthc court continued to oj ine, the road. During the latter pji July 1800 th^ road was sold decree of foreclosure and Ji Williams became the purchaser immediately ceased to opera I road and has declined to rui trains upon it for the acco.nino the public. J?inee the roa r first established business communities have sprung up along its line and they i are absolutely dependent upon its Operation for railroad transportation. The respondent in his return takes the position that he cannot be com' polled to operate the road inasmuch 1 as he was only a purchaser of the property and was under no obligation to carry on business of a common carrier. lie says, further, that the railroad is in a bad condition and will not pay running expenses and that he is unable financially to operate it. Railroads arc public highways. They are authorized to be constructed ^ more for the public good than for private gain. The companies constructing them arc vested with power to 1 condemn lands for rights of way; tyit ' private property cannot he taken except for a public use. Taxation ; for their construction has been held ' by nil the courts, yet taxes cau be levied only for public purposes. ! Railroads are therefore matters of ; pablic concern; the public has in ' them an easement as it has in canals, turnpikes, etc. The railroad itself is owned by the company, but this ' ownership is subservient to trust in favor of the public. The relative 1 rights may be stated thus: 1 The public has the right tosei* ' vices of the railroad upon payment * of lawful and reasonable charges; the ownor is bound to render this aorvice 1 and can deny it to none, but he br,s " the right to exact for such Services * charges that *>e reasoaah*e and lawful. No met of the 'Jwner can deprive ~ oy the law of the land. The right oj user is a trust which is impressed 5* t|>on the railroad property itself. See also 19 A* & E. Ency, law 780 lcott vs. Fon Du Lnc Co, i*> "Wall <78. R. R. Com'r. vs. F. & R. Co. i Me) A in. It. 208. Sharpless vs. l- tlayor (Fa.) 09 A. Dec. 774. L. i, /. it 0. R. 0??. vs. Chappell; Rice s. >84. Averill, Receiver vs. So Ry. ic 'o. et al Mss. d- It is urged that, however, the due s> *ine of these eases may apply to niil>ad property in the hand of the orig& i ml enm?v*?ttr If i' - ? - BOA V.WIAJ |SU1I J | IV liua lit/ UJJJJHl'llllUIl F? hen the road has been wold to a ,a> ird party under foreclosure proceedin_ gs. This proposition is unsound, 'd- lo railroad itself is a highway. The y? sement belonging to the public is de [the road, and a trust is impressed ?* on the property. These public he ats attach to the property and in n'o t0 asure depend upon a merely per h<' as\ contract of the original corpor on? a%. While such company is bound exercise the duties of a common i n C?cr this obligation arises by reason p(?.v, ofe relation to the road. The A on-iftr being impressed upon the prop]11 (passes with it, and binds it in nvc Mhands of all purchasers. It is a fhe tamr doctrine of the law tha rc wtvcr property affected by a trust 11 oi is 1 the purchaser will be bound hyit trust. By bis own act be nlle hitimself to a public duty, and to and his relation of ownership c??na in tin so l?n? be be bound t' jo tberciae of this duty. The rail that roam puny can mortgage or sell rajl. noicr right than it possesses, and proposition that a purchaser beet- of ond property may at his pleas In urconvenience decline to operate i the it,0 pregnant with much mis>sc n cbi the public. Builroads arc fran- est Jed thoroughfares upon whose puttie I coi?d operation the prosperity under I nnuincss of whole communities la ran .? >erate ael i noy arc io? groat inenn irt 0j thr which flows the commerce of under thed. To permit them to be m. T cl?* would he to license the pur][t. ch* inflict irreparable iujurj opto tin on Mic. The point would be n any wcHrated if the Southern raildation wa> *tH ten thousand miles of d wax trnoe sold to individual#, who . i _j r ^ ??ITW*. -> 4 Mm < I i: ? t Wm. A. Nicholson & son, 1 i; BANKERS t TJ" 1ST I ON" S. O. I Respectfully solicit your FIRE 1SURANCE. REPRESENT COMPANIES WITH $40,000,000.00, OF ASSETS. TAKE A POLICY ~ WITH THE "NATIONAL LIFE," And feel Secure in that you wont die Leaving you wife and Children in WantCHEAP, EQUITABLE, SAFE! We write Impaired Risks?Ordinary and Under Aver "Wn ova olrntiiror tliii.il ALE OTHER COMPANIES COMBINER Writing these lisks. ? - 1 i AGENTS WANTED.-^Big money for those who will ? hustle. Correspondence solicited. T7flt7^7Qt^, HTT1VTRR jniuuu nuii aaj") - General Agent for South. Qarolina , Union S. C. for some reasons of their own would J that under this section it becomes the decline to operate it. There i; hard-, duty of purchasers to form theuily si town in the South that would selves into a corporation. Rut it is not suffer and property would decline clear that tlie neglect of this duty in value; business would dry up and ! cannot absolve them from the public ruin and disaster would he general, daty of operating the road. The Yet this would be the direct result statute was intcudecl to protect the from the doctrine insisted upon by the public, and it will not be so construed respondent, that the purchaser of; as to afford si purchaser of railrailroad property is bound to no pub- j road property am escape to elude a lie slut}'. Railroads, irrespective of! public duty. the question us to whose hands they We have thus scon that the right to may be in, are hound to public ser- operatearailroudi.su franchise and vice. that the public is entitled to its cxeruSo overshadowing is this interest; cise by the owner. This is a public of the public that there must bo no duty. The general rule is that whore cessation even for a day in their opera- there is no other appropriate remedy, tion;" Judge Simonton in Averill, r.fmdnm us is proper to eompcl the ox Receiver vs. 80. Rv, Co. et nl. ercisc ol" a franclii.se or the performFrom this use (which the public ancc of a public duty. The right to has in the railroad) neither the cor- this remedy docs net depend upon poration itself, nor any person, com- the character of the person (whether pany or corporation, deriving its corporate or individual) against whom title by purchase, either at voluntary it is asked. Jt depends rather upon or judicial sale, can divert it without the chnractci of the duty to bo perthe assent of the State. State vs. formed. A public officer who deDodge, City M. & T. It. Co. t-lines to exercise the functions of his (Kan.) 42 Am* St. It 20a. office will he compelled to do so by "But the public retain certain mandamus. In such a case, the manrights of vast consequence in tin1 damns is asked against :?n individual, road and its appendages, which nei- but the object is to compel the portlier the company nor any creditor formanee of a public duty. So here or mortgage can interfere, with tile mandamus is a.s'.pl against Jas. They take their rights subject to the T. Williams as the ow ner of a railrights of the public and must heron- ro.id to compel him to perforin a pub tent to enjoy them in subordination lie duty. I think thai mandamus thereto." Barton vs. Barber, 104 U flu? appropriate remedy. King vs. U. S., 135. In Met/ vs. Buffalo C. Sevoren Wye By., 2 Bran. & Aid., & R. R. Co. (N. Y.) 17 Am. R., People vs. Albany R , 24 N. 201. The railroad having been pur- ^ > 201. Ohio ?v M B. Co. vs. Pco" chased by private persons, the eour ]?le; (J 11) 11 X. K, 3 lit. State v.v held that they (the purchasers) ' no N. K. It,'4 Rieh., 247. People vs. quired the trackt fixtures, rolling C. & O. R. Co, X. h. R.,.?K7. Brownstock, etc., together with the rights oil vs. Old Colony It. Co., 40 Am. or franchise of using it for the same St. K. purpose as the company was author- The rcspondnnt further elaims that ir.cd to use it, subject to the same the writ ought not to is<ue against luties to the public." liini because of his financial inability It is further urged that the stsit- to operate the road. It will 1 c rentes of this State do not con torn pl.v< mcnihcred that lie became the owner A_. _ -i ? iiii . . : i i i mai rauroaus sumi no operated joyii.a voluntary act, and thn? ho amo private persons, but only by corpo- bound to the performance of this pubration*; anti reference is made to ( ten j lie duty. < )n? w lio voluntarily as*tim- . Sts* 010 et ae<], providing the man- to an obligation o-nnot bo it-loved ner in which purchasers of railroad i from it by t!ie court. ?/> long as the pi operty may organize a corporal ion ' respond' nr v-t ins the ov :icr bin < f to operate tUu road. It i* pcsilblc I [C0XTI.\UKI? ox LidliTJi a.