Fremont weekly freeman. [volume] (Fremont, Sandusky County, Ohio) 1850-1853, 1852-04-03

ter upon any land for the purpose of examih-
ing and surveying its railroad line, and may
appropriate SO much thereof as may be deem
ed necessary for its railroad By the 6f-
teenth section of The same act, il is declared,
" 1t shall be lawful for such corporation,
whenever it may be necessary in the con-
struciion of such road, to cross any road or
stream Of water, or to divert the same from
its present location or bed; but such corpora
ZION shall, without unnecessary delay, place
Iuch road or stream in such condition as not
SO impair its usefulness" By virtue of these
sections, contained in what is called the gen.
seral railroad law, some of these companies
claim right to appropriate land belonging to
the State, to take possession of the banks of
the canal, build the abutments of the bridges
within the same, and even to divert the same
| from its present location or bed. BUTT is
evident NO such power was intended to be con-
veyed. The canals Of this State are not
streams of water" in the sense commonly at
tached to those words, and in which we must
presume they we're used by the Legislature.
And those provisions of the ninth section,
which provide for assessing the value of land
appropriated by the company, forbid the idea
that the State intended to surrender to these
use the property of the State.
The 10th section of the act "to incorporate
the Central Ohio Railroad Company" pro-
vides, "that whenever il shall be necessary
for the construction of the railroad to inter
sect or cross any stream or water, course, or
any railroad or highway, lying in or across the
line Of said road, it shall be lawful for the
corporation to construct the said railway
across or upon the same, but the corporation
shall restore the stream or water course. road,
or highway thus inteYsected, to its former
state, or place it in such condition as not TO
impair its former usefulness" The 7th sec
tiOn of the same act provides "that the said
company shall have the right to enter upon
any lands to survey and lay down said road
and whenever any lands shall be taken and
the owners thereof do not agree" provision is
made for assessing the value of what is taken.
BY virtue of these sections. the said compa-
ny claims the right to occupy the banks of the
Ohio Canal, construct bridge across the
same, place one abutment in the canal and
change the bed of the same, and are now
proceeding thus to erect bridge over the
canal at Newark. in Licking county. not only
without the consent of this Board. but in de-
fanee of its directions to the contrary.
We do not believe that any such power has
been conferred by these sections as is claim
ed By said company. That the power to en-
ter upon land designated in the 7th section,
was not intended to authorize the company to
appropriate the land OF the State. and eSpe-
eially the banks of the canal including the
towing path, is evident from the provisions of
the same section in reference to the assess
ment of the value of land SO taken, as well
as the absurdity OF the State confeYriug any
such power upon coTpoHatIon.-Ner can
the words streams or water course" as used
in the 10th section be SO constructed as to
comprehend the canals Of the State.
If the Legislature had intended to grant
unlimited authority 10 this railroad to bridge
the canal, it is to be presumed it would have
used the term canal. instead of water course.
This latter term can hardly be said to com
i prehenda canal; its stream. or a canal, OF
channel for the conveyance of water, like a
mill-race or ditch TO drain land. than for sta
tiOnary water used for navigation puPoses.-
If the canal is intended, then the railroad may
be constructed upon the canal, and the nav
igation of il entirely obstructed.-We can
hardly believe that the Legislature would SO
far endanger, not to say sacrifice the inter
ests of the State by granting any such poVe
TO corporations, over which it is claimed 10
havOne control, and especially without pla-
cling as many safe guards around its use as
have been done in case of the erection o
bridges By the Commissioners of a county.
4 In March, 1851, this board reduced the
tolls upon the canals on an average about
thirty per cent, believing that the interest
of the State and of commerce demanded such
reduction The increased amount of tolls re-
ceived, and of business done on che canals,
fully Justify this action of the Board In Feb
ruary last, the Board made further deduc
tion of an average Of about twenty per cent
4 Soon after this reduction, the Hamilton anc
Dayton Railroad Company, proposed that We
should arrange with them to share equally
with them the business of transportation be-
tween Dayton and Cincinnati This We de-
clined first, because we had no power to MAKE
it; secondly, because by SO doing we shoule
greatly injurs those engaged in the business
; of transportation upon the canal, virtually ia
king away from them one half of their bus
| ness, and rendering oEe-haK of their boat
useless Many of these men would be com
PEELED TO resort to other business, and in thi
state Of things the railroad would soon haVt
no competition, and the canal would be at it
mercy. In fixing the rate of tolls, we wer'
guided by what we believed TO be the tru'
f interests of the people and the State, without
any desire to deprive the railroad Of It's lsgiti
f mate business. Failing thus to make arrange
ment with the Board, which would have beel
fatal to the business of the canal. the compau.
commenced reducing its freight Before thi
reduction. the road charged fifteen cents pc
: barrel for transporting four from Dayton t
Cincinnati It now charges only eight cents
price which must be below the actual cost
t Like reductions have been made upon othe
l articles. The object of these reductions mus
| be to take the business from the canal unit
t forwarders are driven to quit their bnsines
: upon the canal, and boats rendered useless
, and thess accomplished, the road can the
S raise its freight. and reap harvest withou
! competition.
f To meet this state of things, and sustsi
forwarders, we have been obliged to put toll
t on these reduced articles to a mere nomin'