The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1852-06-02
LAWS OF OHIO.
PUBLISHED BY AUTHORITY.
No. 81. AN ACT
Prescribing a Tariff Of Freight on Rail
roads


roads.
SEC. |. Be ii enacted By the General
assembly Of the State Of Ohio, That il
shall be the duty OF each and every rail
road company whose line Of road extends
or shall hereafter be extended to any place
in the vicinity of, or TO a point Of intersec.
ton with any OF the navigable canals OF
other works Of internal improvement be.
longing to this State, TO fix and establi sh
tariff Of rates for the transportation oi
merchandise, produce, and other property
consigned TO or from such place or point
of intersection; and it shall be unlawful
for such railroad company to charge OF
receive any higher rate for transporting
similar merchandise, produce or property
over shorter distance of its road, than is
charged or received according to such
fixed tariff for transportation to and from
such places of intersection as aforesaid.
Sec. 2. That every such railroad com
pany shall publish its tariff of rates on
property consigned to and from such
places or points of intersection. as provi-
ded in the preceding section, and cause
the same to be kept conspicuously posted
up at the several business stations on its
road; and it shall be unlawful for such
company. its officers or agents, TO charge
or receive, directly or indirectly, for trans
porting any property consigned as afore-
said, any less rate than is designated on
such printed card, until the same shall
have been changed by an order of the
| board Of directors Of such company, and
at least ten days notice of such change
given by bill or card, to be posted up as
aforesaid; and it shall be unlawful for
such company. its officers or agents. to
evade or attempt TO evade by drawback,
free warehousing, or in any other mode or
manner, the payment offull freightage, ac-
cording to the printed tariff of rates as
herein provided,
Sec g. That the Board Of Public Works
is hereby authorized and required to per-
nit each and every railroad company in
this State, adopting and adhering to such
rate Of freight as is prescribed by this act
to construct suitable bridges across any
navigable canals and feeders, slackwater
improvement, navigable rivers, streams,
lake or reservoir. with which any of the
canals Of this State are united or with
, which they are connected, where the line
OF such road or roads necessarily cross
the same, under the supervision Of said
board, and in such manner as will not in
terrupt or impede the navigation of such
canal, feeder, slackwater improvement,
navigable river, stream, lake, or reservoir;
Provided, however, that before the permits
sion of said Board shall be given for the
erection ofsuch bridge or bridges, the rail-
road company desiring to construct and
build the same. shall cause a complete di-
agram and plan of such bridge, designa-
ting the point or place of crossing such
canal. feeder, slackwater improvement.
river, stream, lake or reservoir. to be filed
in the office of the Board Of Public Works
of this State, and the same shall be ap-
proved by said board, or by the acting
commissioner in charge Of the division of
the public works in which said bridge shall
be proposed to be built acting by author
ity of said board, which approval shall be
in writing, and endorsed on said diagram;
Provided, further, that no bridge shall be
erected under the authority of this act,
which shall not be subject. at the proper
cost and expense of the company building
the same, to such changes and alterations
as may become hereafter necessary by any
improvement. alterations or engagements
Of the level ofsuch canal, feeder, or slack
water improvement.
Sec. 4. That in all cases where railroad |
companies in this State have erected brid-
gcs over any Of the navigable canals, feed
ers, slackwater Improvements. nayigable
rivers, stream, lake or reservoir, as afore-
said, which do not impair the navigation
thereof, the said Board Of Public Works |
is hereby required to permit the same to
remain undsturbed; Provided, that said
bridges shall not be less than ten feet in |
the clear above the top water line; and |
provided, also, that the provisions of this
act shall not prevent the construction or
continuing of draw-bridges which do not
interrupt the navigation Of the canals.
Sec. s. That if any railroad company
shall refuse to comply with any of the pro-
visions Of this act, the attorney general, on
being notified thereof, shall Immediately
institute proper legal proceedings, in the
name OF the State Of Ohio, against said
company, for the purpose of enforcing the
provisions of this act.
JAMES c.. JOHNSON,
Speaker Of the House Of Representatives..
WILLIAM MEDILL,
President Of the Senate.
May 1, 1852.