Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1852-04-12

Ill!I.1EssasesI.zIs.
4 Report Of The Committee on Public
d Works and Public Lands.
i In SENATE. March 25, 1851.
4 NJ. Taylor from the standing commitiee
ION Public Works,to to whom was referred
the following resolution, introduced BY the
Senator from Washington. ~-sa
I Resoirsd By the General Assembly Of
the Stute Of Ohis, That the Board Of Pub
lie Works be, and they are hereby directed
sorescind The OF der mudeiby them,dirac.ing
The removal Of all rail road bridges erected
across The caaaIs OF this S;ate.
Have had The same under consideration,
sand s q
1sss REPORT: d ,iassTa q
81 srhat upon examination Of the subject,
they find that the order alluded 10 was The
result of The unjus.i6able and Arbitrary
manner III which various railroad compa-
/ MES have inteffered, otioniy with the iin>
teres,s Of The public works Of the State,
bot with what the Board clam 10 be the law
for the protection of their rights. The
fact of the existence Of the canals, 10 esi>
idence that The right Of way has been obtains
ed, Land that rights inherent with the canals.
In order 10 present nn intelligent view,
we will FIRST attempt 10 define what is under.
stood by the right Of a@ay':asI sz9 ts;z
lst. w idth flevef, or surface Of water Fl.
's towing path, at least, 80 I"
BERN bank, al leasi, 80 .
TotaI minimum width Of Ohio Canai / l04s.
where the cutting was 4 feet and the bank
8 feet above The surface Of the water -
Where the canal is constructed on low
ground much more width is required; for
instance where the ground Is ten feet below
the bottom Of the canal, there would be ad.
ded 10 the width 40 feet, making IA feet.
The average width occupied by the Ohio
Canal is about 1913 feet. gt.l9. =
f. A portion Of The Miami and Erie Canal
is much wider. The minimum width on
level. or surfnce Of the water, is 60 fee,.-
The banks are about 10 feet iligh. The
width Of The canal, from The Indiana line
10 Toledo, is not less at any point, than
one hundred and thirty feet
IS Ii seems to have been the desire Of the
mos, eminent civil engineers who have
been engaged il the service Of the State, TO
increase the dimensions of the canals, when.
ever il could be done without materially in-
creasing the cost Of construction. Your
commi,tee are sustained in this conclusion,
as will appear from the following extract
from the eleventh annual report Of the
Board Of Public Works.
"rhe main trunks of the Ohio Cannls
have each minimum width of 40 feet at
the water line, and 26 feet at the bottom,
with feet depth Of water. A large por.
stion Of both, particularly Of the Ohio
canal, is Of much greater dimensions, hav.
ing breadth al the water line, varying
from go TO 100 feet, and d depth from to
IL feet. In many places il even exceeds.
for 4 considerable distance, these dimen>
5sions, both in bfead,h and depth. -
II h1s bean d Standing ruie. ~ The
scomstfuction Of fhese canals to increase
their dimensions bsgond the m9nian,, in
all places where il could be done without
materially enhancing the costs. ~
The report was lnade in 1888, when
Alfred Kelley and Mscajdh r. Williams
we're members OF The Board. The wisdom
OF this policy has been fully acknowledged
and carried out. in the construction Of all
the State canals. II these railroad COM
panies nre permitted 10 60 on with their
aggressons on the canals, and their infring.
a1enis OF the laws for the protection, The
benefits Of this wise policy viii soon be los.
10 the State. The canals will soon be re.
stricted to their minium width, and 10 some
instances less s r
The law for the protection Of the canals
Of the State requires persons wishing to
construct bridges across The canals TO file
plan Of the bridge proposed in the office Of
The Bonrd Of Public Works, and procure,
before proceeding, the assen, ain writing,
Of one of the ncting commissioners, or the
principal engineer Of The canal, 10 be inter.
sected by said road, and if any person or
persons shhll undertake to construct or to-
cafe such bri3ge without consent, or shall
proceed therein, 30 for as to place any ma.
Sterials for thai purpose, on either bank Of
the canal, or on The bottom thereof, he or
they shall be subject 10 penalty Of fifty
dollars for such undertaking, and either Of
said commissioners or engineer shall be
authorized 10 remove oil such materials so
soon as they are d,scorersd, wholly with
out the banks of the canal.n
Now, it IS not pretended that these rails
road companies have complied with the
/ plain provisions of the statutes. they
claim that their charters authorize them
to bridge the canal whenever they may
+ A.. ... IL. 1. l..
termine whether their bridges are an obslruc-
tion 10 The canal or not Il this so? DO
these railroads charters repeal the laws for
the protection Of canalsi Your committee
cannot subscribe 10 this doctrine. Il is ad.
mitled that these roads must cross the
canals. To this the Board of Public Works
do not object, but the Board insist ,ha. they
shall cross in conformity with the canal
laws these laws The members Of the
| Yoard have taken an oath faithfully TO