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

f7TFf
he main road ADD terminate At towns or places IN The
zane county The branch incident 70 thu man road
and whether made before after the construction Of the
main road the terminus Of the branch Is the same.
BY the direction given 10 the road ron Sand1sky City,
is clear not intended to 70 Fremont but 70
cross the BAY in the direction Port Clinton Lea ring the
direct route 10 Fremont several miles south As an excuse
r this departure is said In the that the people Of
Fremont by subscriptions or otherwise, gave encour
agecn 70 the Company 10 run the road 70 that place and
hat the route selected Is better and several miles shorter
fhsn TIE one BY Fremont Under such Circumstances il i
difficult TO cay that the road IN progress from sandusky
CITY the Msumee, the Bay and by Port Clinton u
branch Of the original road within the Charter Neither
H. nj termination Is within the sixteenth
section II does branch in the County Of Ottawa nor
terminate 81 some town place IN that county - IN
fact the main road from saBdusky City 20 the Maumee
and was evidently intended to be 80, from the nme '"e
route was surveyed.
The Charter requires the Company 10 organize in five
years and to- complete twenty miles Of the k0ad IN yen
years from the time is structure was commence ~
under this provision il is said the Company having mide
than twenty miles Of the Road may al Us own con
veDieDce the Road 10 Fremont from Cyi
and the Road II extended 10 the Maumee rom FREMONT
rusf Mas through Ottawa County; aud then the Road
coune Of construction may be CONSIDERED As oSncn
OF branches from IT,
the Read 10 Fremont and thence % the haumee No bsne
1T could result the Company or me public from such an
expenditure There Is now Road IN progress from Ere
Toledo and also the Port Clinton road running IN
The same direction.
There i no admitted latitude Of construction seems to
me- which can bring the Port Clinton Road within the
Charter Of the junction Railroad, As amended IL would
sanction principle which would enable chartered COmps
MES 10 disregard the limits prescribed and give such d
rection 10 Roads ~ their interests may dictate.
by the tenth Section, II the Corporation after having
selected for said Railway find any obstacles IN con
tinuing Sid location either by the dcuyof construction
procuring the right Of way at reasonable cost or
wherever better and cheaper route can be had snai
hsve authority TO vary the route and change me locauon
This does not authorize the Company TO abandon ana as
regard The points named in the Charter but to change the
route which they have selected for the causes stated
Ipop the deliberate consideration which have given
AZ. / am
ciuson that does not authorize the route selected ana
without authority Is presumed no one conld contend Tor
he right Of crossing lhe Sandusky Bay -. 80 ..ot
The amendment, extending the road, gives no such
authority
The act Of the LIST Of May 1852 provides THAT any
number Of natural persons not less than i've may become
body corporate with all the rights privileges ana powers
conferred BY end subject 10 all the restrictions OF mat ACT
The second section any persons
~ Aforesaid assOctDg 30 form Company for the purpose
Of constructing Railroad shall under their hands ana seals
make q certificate which shall specify as follows: l. Inc
name assumed by such Company and by which It shall be
known. O. The names Of the places OF the ternn o. sAa
Road and the County Of Counties through which suchoad
shall pass 3 The amount Of capital stock necessary to
construct such Road
Such certificate being acknowledged before Justice of
the Peace and certified by the Clerk Of the Court OF Com
mon Pleas and recorded by the Secretary OF state snail
On the 6h of October 1882 Messrs Lane and five others
applied under the above law, TO be incorporated as the
"Port Clinton Railroad Company" beginning the road al
Ssndusky City and extending by Fort CLINTON over ue
Sandusky Bay 10 Toledo and all the requisites oil tue ac'
having been strictly complied with they became corpo
rate body This body the 18th of January, 1882 SUD
mitied 10 james b. SeedmaD, Acting Com missioner the
plan Of bridge for crossing the bay which he approved
and which approval was notified to the Company
Two objections made 10 this act of the Commission,
ers That contrary TO the decision OF the Board OF
Public Works 2. That the Acting Commissioner had no
jurisdiction of the matter.
Railroad appied the Board Of Public Works ITO obtain
leave il be necessary to construct Draw Bridge across
Sandusky Bay, which was refused ny The boad lot " Vi
Jurisdiction. 20.
The decision of the Board, the application Of the
Junction Railroad for leaYe 10 the Bay by bridge
was on a very different appca from that decided oy
keedman lie approved the plan of the Brdge-the right
30 cross the Bay not submedto him But on the llh
February 1855 the Board of Public Works did reverse the
decision 81 Steedman in relation TO the Port Clinton bridge
And will now consider the effect OF this reversal
The Goth Section ofthe above act gives the power 10 inc
Acting Commissioner the to the whole Board
Either may approve Of the plan structure OF proposed
Bridge navgable water consequently they ACT nue
pendenily OF each other ana no proVson The
AcnG Commissioner, his favorable decision Is maj Auu
the power to the Acting Commissioner being given by law
can not be controlled reversed by the Board Inc pro
eedure e the Board therefore in the reversal OF the appo
val by Sieedman Of the plan of the Bridge presented o e
power which did not belong 10 the Board ,
IL the application had been made 10 the BOARD ny tue
Port Clinton Company for the approval OF the plan oil her
Bridge, and the Board had decided against IT. having u
diction OF the matter the Acting Commissioner could not
IN form In effect reverse the decision bu ths aPPhct
ton WAS as above stated by the junction Railroad Tor
leave 10 cross the lay ana TINS power uu ho' oe""s
Board therefore very properly held that had no Jurs
diction But had jurisdiction, and 80 had the Acting
Commissioner approve the plan of the Bridge An APP
peal under the statute from the decision OF the Board Dy
The Junction Railroad would have been Intellectual as the
Board was asked do that which theaw did not authorize
tito do.
The RIGHT to cross navgable water by Railroad Bridge
must be- given by the sovereign power by special or gen
era act Where this is not done neither the Board oil fuO
lie Works nor Acting Commissioner can approve oil the
structure of Bridge over H. For the reasons above stated
have been brought the conclusion that the charter OF
the Junction Railroad original and amended does not an
thOrize the Company TO construct Railroad Bridge over
Sandusky Bay, al the place designated.
Bptthe act of apprOvalby the Commissioner on the APP
cation of the Port Clinton Company is objected to- on
he ground that the Sandusky Bay not public work
under his direction within the aiming Of the statute.
The words of the Statute
"Nhenever the line OF any Railroad Company now ex,
ng which may hereafter organize under tins act shah
cross any canal or any navgabe wster tbs said COMPANY
shall Gle with the Board OF Public Works or with me ACT
ing Commissioner thereof having charge OF the fuohc
Works where such crossing proposed the plan d inc
Bridge and other fixtures for crossing snch canal OF nav
gable water designating the place of crossing aud the
said Board Acting Commissioner thereof shall approve
of such plan he shall notify such Company IN wrihg Oh
such approval"
Corporation formed under this general law, is vested
with all the ordinary powers to accomplish the purpose IN
tended 1t may appropriate private property dad 40 az
otkcr iags Aecessarg IA tie construction Of Railroad
The general act specific in its details q ne rgm aud
ufics Of the Company be found IN special acts Oh
incorporation The Legislature of Ohio has been cautious
as ali other Legislatures have been in special acts Tor
Bridges and Railroads to guard against distractions TO
nayigahle waters And this twentieth Section OF the Gen
n law was intended TO preserve this gres pubic ght
The rlan of Bridge navgabe water must De ap
nroyed by the Board Of Public Works, by the acting
Commissioner This duty more appropriate 10 the
snera business OF the members of the Board than TO any
9th ar association under State organization