New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-05-04

Works where such crossing is proposed the plan of the
Bridge and other fixtures for crossing snch canal o. 9a
gable water designating the place of crossing and the
said Board Acting Commissioner thereof shan approve
Of such plan, he shall notify such Company IN writing OF
sach approval
Corporation formed under this general law Is vested
with all the ordinary powers to accomplish the purpose IN
tended 1tmsy appropriate private property ana 40 az
otkcT ings nccessary "a tie coRstrHcoR o. Railroad
The gen, r act a. specific in its details Of tie right aud
ufe Of the Company can be found IN special acts oil
incorporation The Legislature Of Ohio has been cautious
as all other Legislatures have been IN special acts Tor
Bridges and Railroads to guard against distractions to
naygahe waters And this twentieth Section OF the ten
era law was intended to preserve this grest public night
sroysd by the board of Public Works. by the acting
COMMISSIONER This duty was more appropriate TO the
general business OF the members of the Board than TO any
osf er association under State organization.
To limit the application Of this provision TO the crossing
Of csnSls and waters made nsvgabe by the State would
strangely disregard the policy Of the set and necessnes
the public The language OF the section does not authorize
40 narrow a construction II known that in every
part OF the State railroads would be projected which mus
necessarily nSvjgSbe waters Special provision IS
made M the crossing of canals Our best MYERS are nav
gable by nature and the theory stated no provision IS
made in the for crossing them They are nAvigaoe
waters and are embraced by the terms OF the act
The acting Commissioners Il Is said, must have cnsrge
of The pubic works where such crossing is proposed and
thai where there public works his approval cannot
be een Having charge Of the public works where such
crossing Is proposed means nothing than thar such
place shall be within the territorial jurisdiction OF the Com
missioner Any other construction would involve the 40
NV ill., pahNc works ye. il there not public works at
tbe nse Of crossing the Commissioner cannot act The
Iesssatnre cannot be charged with acting SO snwsey
pS,hsl law of iss2 new system Introduced suited
10 the enterprise Of the age and L was intended u cover
she whole ground Of ordinary legislation On the sselec
Tha w,ls nayieabe waters used in no restricted
sense tsey embrace and Intended to embrace all
waters wn the State which are RSygAels by tue WORKS
Nof AT or naaaTe p,.
ina plsn d the Bridge the Saadnsky bay hsNRg
been approved BY s,eeamAn. the Astng sss
- 49, az crossing ha;pg within his Sxrisdiehea n Is not
SSt,sS that undsr a. Port Cintos Charter Bridge
nav be constructed proposed if cause no distraction
60 commerce. -
Whistler we look into the ordinance OF w. IRE Ac's OF
<,rsss az The 18th Jely Iss7 or the Constituted we
nd the power Prcee, the commercial 'ssrSss ias
Union Bat was oesefvsa BY The CouI n ,h :
,,nnstie With the eujeyment q local rights Ihe Pss
s right in IN SnSs sTs Sss. use Ss ssS 4si "a
N@'e. ,rss The general coutaercisl right IS par
sronnt TO ali States authority. ..,s.-aa
The question Of sSs'p'n0n remains TO o s'n'a'''S