Fremont weekly freeman. [volume] (Fremont, Sandusky County, Ohio) 1850-1853, 1852-04-03
Special Report.
OPOOAOA AsOR +"
OF the Board of Public Works


In relation to the building of Railroad Bridges
across the Canals of the State by Railroad
Companies, dc. In House March 10th,
1852.
OFFLcR OF THE BOARD OF PUBLIC WORKS,
COLUMBUS, March 9, 1852.
To the Speaker Of the House of Representa-
tires
In answer to a resolution Of the House of
Representatives, requesting the Board of
Public Works to report by what authority
Railroad Companies have been permitted to
erect bridges ever the canals of the State for
the passage of cars, the means adopted by such
railroad companies TO obtain the trsnsporta-
ton Of freight which; at proper rates of trans
poVtatien, would pass upon the canals, and
what effect the removal of such bridges would
have upon said roads, and whether any legis-
lation is necessary for the removal of said
bridges" We respectfully report that by
the eighth section of the 'tact to provide for
the internal improvement Of the State of Ohio" !"
the Canal Commissioners were authorized to
enter upon, and take possession of, and use,
all and singularS any lands, water, streams and
materials, necessary for the prosecution of
the improvements intended by said act. In
ment, to the owners of said property, the val
ue thereof By virtue of these provisions and
similar ones, passed from time 10 time, as new
works were projected, land and other property
were taken necessary for the construction of
the canals of the State and the land and
property thus taken and paid for, became the
property of the State. Formal appropriations
and conveyances were not generally made.
| The Canal Commissioners, took what was
needed in she particular location for the canal
and banks thereof, in some places more and
in others less. The property thus taken, as
already stated, became the absolute property
of the State. The Canal Commissioners, and
members of the Board of Public Works, have
had the care of the same, but in no case have
been empowered to sell, lease, or cucumber
the same, or to use it, except for canal pur-
poses Nor are we sware of any person, or
corporation being the same, except permission
to county, given by the fifteenth section Of
the "aet to provide for the protection of the
canals of the State of Ohio" the regulation of
the navigation thereof and for the collection
of tolls, in eases where new roads are laid out
by legal authority, in such direction as to
cross the line of any canal or navigable feeder
in such manner as to require the erection of
a new bridge over such canal or feeder, in
such case the county is authorized TO build a
bridge across the canal. but to guard against
any possible injury to the canal. Before such
bridge can be erected, there must be obtained
for the model and location thereof, the consent
in writing of one of the acting Commission
ers, or the principal engineer of the canal to
be intersected by said road Without thi.
special law, the Board of Public Works would
have no authority to permit the erection of
such bridge.
Several railroad bridges have been bull
over the canals of this State. The abutments
of some Of these are placed in the bed o.
the canal and are an obstruction to naviga
ton, and public nuisance. In our opinion
these bridges are made without any authority
We find only one order of this Board on
record for the erection of any bridge, viz
that allowing the sandusky and Mad River
Railroad Company to build bridge over the
Canal at Dayton. We would speak with
great Difference of the action of our prede
cessors, but we find no law authorizing thii
. Board to make such on order.