Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1853-01-27
Fremont ANA the Juncllon Ran Road


Of the fact that the corporation of Fremont,
and our citizens generally, ate taking active
measures to prevent the Junction Railroad
Company, from obstrucling our navigation, By
building their Railroad across the Sandusky
Bay in doing which, the company are misap
plying their charter-building a Railroad not
authorized by it. The recent decision in the
ease Of Pennsylvania against the Franklin Ca
nal Company as well as the Wheeling Bridge
case, ought to warn our friends at Sandusky
City,to beware how they induce people abroad
to take stock in such an enterprise. The
grounds upon which an application for an in
junction will be made are these, rs near as
we can understand them.
The charter of the Junction Railroad Com
pany, was obtained when the Hon. J. r. Os-
born, of Norwalk, was in the Senate, and was
obtained with the object Of building road on
the line now occupied by the Toledo, Nor
walk aud Cleveland Railroad Fremont is in
express terms made point and it was to run
to Bellevue, or to such other point on the
Mad River Road as its Directors might choose
to designate. BY another clause of the char
ter, Road was authorized to be built to San
dusky City, thence to Fremont, connecting
with the main line; and branches were also
authorized to be constructed TO any place, in
any county through which the main line
should pass.
An organization was got up under this
} charter, and persons interested at Sandusky
City managed to obtain control of it, and To-
Gated the main line to Sandusky City instead
of Bellevue, crossing the Mad River Road at
its Northern terminus; and they are now
+ seeking to build Road to Toledo BY the way
of Port Clinton, some fifteen miles from the
route expressly prescribed by their charter.
being about this distance North Of Fremont,
This route is not only violation of the char
+, ter, but involves the necessity ofcrossing the
$ Sandusky Bay from Muskash Point to the
Peninsula, distance of about one mile and
one third, with sufficient water TO enable any
n vessels which sail Lake Erie, to beat up and
: down the Bay against adverse winds, in the
h night as well as in the day time. We ar,
S told that in order to avoid the effect of the
u clause in the charter, which makes Fremont
j a point, the Junction Company have got up
: an organization under the General law, un-
: der hich they intend to build their Road
i from Sandusky City to Port Clinton, to join
the main line at the later place, leaving tho
IF link from Sandusky City to Fremont, and
y from Fremont to their main line on The West
?, side ofthe Bay las they would have us infer)
e to be built hereafter. They will End, howev-
h err that they cannot avoid the express terms
C of their charter by any scheme Of that kind.
f. The veil is tw thin and their object to violate
IS their charter too plainly exposed to view
y They cannot build branch disconnected
y from their main line, or do that Indirectly.
IS which their charter directly prohibits.
But our right to maintain the navigation
Of the Sandusky Bay, free and unobstructed.
rests upon still higher grounds Il was es-
y tablished by the fundamental law Of the land.
$. and it has since been expressly recognized
d and declared by several acts Of Congress
J. The Legislature Of the State Of Ohio could
s not take this right away from u.s. if it desired
j. to do so But no charter or law has ever
been passed, authorizing the obstruction OF
nj the Bay by the construction Of a Railroad
~ across the same or otherwise, and every such
ID attempt is without authority and against tho
t. law. The building Of a Railroad across the
n Sandusky Bay, with ono or more draws, is
n. quite different thing from throwing a Draw
IN Bridge across navigable stream where ves-
of sells cannot beat up against an adverse wind.
n. 1t is proper that the public should be made
acquainted with the grounds upon which our
citizens base their determined resistance TO
the building OF Railroad across the Sandus-
Ky Bay. In making the above statements
we have relied upon information furnished us
by counsel employed to Commence legal pro
ceedings against any parties who shall attempt
to obstruct the Bay. We are informed that
applications for injunctions will be made in
the State Courts, and, also in the Circuit
Court Of the United States, the moment the
work of Bridging the Bay shall be commene-
ed and that ample means are provided ant
distinguished counsel employed for that pur
, pose. The Junction Rail Road Company ma
rely upon the eitzens of Fremont waging a
endless war against the building of Railroa
across the Sandusky Bay, and against its con
tinuance should they succeed in getting
built.
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