Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1870-08-31
Ths OhIo and Penn.1IranIn Canal.

On the 23d inst, a bill in equity was
filed in the United States Court, Pitts
buTgh, Pa, by the HimrOd Furnace Com
pany, the Briar Hill Iron and Coal Com
pany, the Girard Iron Company, and
Brown, Bonnell & Co., and Andrews
Brothers, against the Pennsylvania and
Ohio Canal COmpany,-Graham and D..
c. Rhodes, Sheriff Of Lawrence county,
Penna- The complainants are nearly all
citizens of the State of Ohio. The bill
sets forth the incorporation of the Penn
sylvania and Ohio Canal Company, in
1877, by the Legislatures OF Ohio and
Pennsylvania that the canal was con
structed and maintained as a public
highway until March 80, 1870: that Com
furnaces and manufactures on said can
al on account Of its advantages in ship
ping materials and getting their manu-
tactures to market cOnhding in the good
faith Of the State of Ohio and Pennsyl-
vania that the grants made to said corpo-
rations should remain inviolate forever;
that on the Goth Of March, 1867, the Ohio
Legislature passed an act authorizing
n Canal Company to lease, sell or aban-
don such portions Of the canal as they
might deem best and not prejudicial to
the public interests, under certain cOndi-
tons stipulated in the act that by the
act of 10th of April, the consent Of the
Commonwealth of Pennsylvania was
given to the aforesaid act Of the Ohio
Legislature; that compliments, on the
inst Of September, 1867, entered into a
contract with the Canal Company,
whereby the company agreed not to
abandon that portion Of said canal lying
between Girard, Ohio, and the junction
OF the Pennsylvania canal, in Pennsyl-
vania, 50 long as adequate means should
be provided for its maintenance; that
pursuant to this agreement c~omplainants
on the 18th of October, 1868, were assess
ed 81 800, in addition to the tolls n rev.
enues, that amount being required TO
keep the canal in repair for the ensuing
year; that another assessment has since
been made, and partly paid, whereby
c~Omplainants became and still are enti-
tied to have said canal kept open for the
transportation of materials to and from
their works; that on the Goth of Febru-
airy, 1869, VIM. Graham, Of Lawrence
country, Pa, obtained a judgment
against the Canal Company for SS,OOOi
that on the death of VIM. Graham, said
judgment was assigned to his mother
Graham. who now owns the same; that
said assignee has caused to be issued a
feTi fdcidS, which is now in the hunds
of D. c. Rhodes, Sheriff Of said county,
who levied upon all the right, title and
interest OF the canal company lying
within the State that the said Sheriff
threatens and intends to have that part
of the canal sold, and thereby the
same to be cut of from the part lying in
Ohio, and thus make the same useless to
to the coaplainants and the public.
The plaintiffs then allege that the sale
would be a violation of the legal rights
of the Canal Company, and would i'm
pair the contract between the complain
ants and the company, whereby they
were guaranteed the free use ofthe same
so long as they would contribute to its
maintenance and repair, entailing great
loss, and d~eprivihg them of the advan-
tages Of the highway which extends
from their several works.
The Court is therefore asked to re-
strain the canal company from selling,
transferring OF assigning any part Of
their canal lying within the State Of
Pennsylvania, and from in any way in
terfering with the property and fran
chises necessary to the free use Of that
portion which the compliments have
undertaken to maintain, or from prose-
any action at law for the purpose
of depriving the canal company Of its
title.
Messrs. F. L. Hutchins and r. B. Nc
Combs appear as counsel for the com
plainants.