Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1872-08-02
The PerrysOarg Hydraulic Canal
An Opinion By Ex-Ksyor Tyler.

The PerrysOlrg Hydraulic Canal
An Opinion By Ex-Eayor Tyler.
70 H- H,aor,J j. II Rtciiirmk, Mayor # Per-
rg4Jmg Olio:
According to your request give you herein
my opinion and advice in the matter of the Per.
rysburg Canal and Hydraulic Company:
The Local Law passed April lst, 1897. which
/ controls this Company, and under which the
! Company was formed, is not on file or among
| the books In tho Auditors Office. The volume
OF Local Laws containing II, although tie prnp-
| erty OF the county aud which should have been
kept In the AUDITORS utliee, Is in tho possession
| and private keeping Of gentlemen Interested in
! tic Company. The law will be fnun in the col.
nmns Of the Journal Df May 9th, 1870, as OBJ
! tanned from the Secretary of State
A committee was appointed by the former
Mayor whose duty 1t is u examine into the law
aud the facts touching the rights of the village
! in this water power AMI rep rt at an early dny
to The Council as to the best course to be pursn.
ed in order to render that power which Ia now be-
! ing wasted and desrOyed and which I'm my
/ judgment has been abandoned, OF service to tic
! village. This committee have failed tn repoft
! although long time has elapsed within which
/ II was theiI dutY to have made the required ex-
/ animation and report
II you desire to prosecute your enquiries with
/ vigor, as though you intended to know vour
/ IS.
/ step is To discharge this old committee and ap-
| pntnl new one composed OF meu who will act
| and will report, aud who have no interest in
Keeping the affairs Of the Hydraulic covered up
/ by failure to report.
Second, would rec jmmend that the Doar3 Of
hraNh together With this comm tee examine
the Hydraulic. Then let the Board NJ Health
mako report as provided for IN section AIS of
the municp'' code, declaring the Hydrau'ic n
/ nuisance II L be one,
! The comn'i!;ee shoald ascortlln, hv measnr-
men' OF otherwise, the width of the tanal at dif-
teIent points not more than 90 rods ahart nior Z
/ the line OF said ditch, and heighlh Of banks
depth OF canal, present state of the bittum, all
breaks AMI places out Of repair, and not, all
h"es where sngnaut water now stands or where
It VIII stand in case Of heavy rains, and all other
! facts tending io show whether its abtn ionp1.nl
/ as water power, an absence of intention to fur
| lher use 1t IN the part Of those claiming to hold
| its corporate franchise
II the Board of Health report /, a nuisance, or
II the Committee report that 1t is probably aban-
doned, &c, then your next step will be Que Of
! two things.
/ First. The Board Of H.alth hav, power tn de-
/ clare it public nnislncs, or dangerous IN life
aud health ami the Board Of II ,alth nay rass 4
resolution in3tructing III prnper "ili ers to order
abSted, removed, SUSPENDED, altered, iinprnv
ed or purified as duthoriz ! nv sail sacinn 3l5,
and may enforce its order by tiis or inDri$nn-
ment rs provided in section 342, Of said a.uaici-
I pal CODE
There is, however, in my iulgercu, a better,
ana more haai aud satisfactory mlIIcr OF dis
posing Of this question.
There is in existence vilsnce. (Which can b.
gotat with Iut auy dilicuty) showing that when
the Council contracted. originally, for the Dis
pnstl OF thi, Hydraulic Canal. the parties W n
took tie same uii The hands nf th CJuaci agrac,l
to keep the sam. in good r-pai' aui of certain
dep;h and wi and of certain capacity. At
least two gentlcm ~ are living 9lFe.k iaR this IN
have been one Vt the stipt.iiuon 10 sail cntrAct
aud who remember the substance Of the wh.-le Of
the proceedings authorizing the making OF llrti
cdntrict, ani the terms Of the clstracs itself
These proceedings anl this contract are now
not 10 he found but pirnl evidence of tie CON
tents OF both will be admissible and will show
Just what these proceedings aud this contract
were.
II then the facts show n fuilnre on the part ol
these parties, or on the part Of their success p
or assigns to periurm that contract. Ii they or
their successors or assigns have allowed the
canal to lie idle, alprntec,el, unimproyed. with
out using the same or placing it in condition IA
be used by others. and have abandoned it, and
allowed il 70 become a nuisance They have for
teled all their rights IN the canal.
Then what's the proper 'egal course & e pRrsu-
ed IN the pr mise? Under section s. Of the act
o March ~ 1883 (soe ). * O., page 1861 we
Ind That IAN ininrmtt:nn in The nature OF 4 ana
'edTrnto, may b, Gled BY The Prosecuting Attor-
ney, upon his own relation or on the relation oi
any other person, on leave granted, or when di.
rected by the Governor, General Assembly or
supreme Court against any corporate boly. Ito
wit: the Perysburg Canal aud Hydraulic Com.
pany)
lst. When any such corporation shall have
offended against any Of the pruvisinus Of the act
or acts creating, altering, amending or renewing
such corporation
2i, When it shall have fotreltei its pfiva
egrs by non-usa
81. When it shall have dasc or omitted any
acts which amount tn surren ler Of its c1rpor-
ate rights. privileges or franchises.
4th. Whenever it shall have mi<usat any
franchise nr privilege not conferred upou it 10y
law.
And it shall be the dn,v Of the Prass cutting
Attorney IN apply fpr leIve n file such inform
tionin every case provided for when he shall
have cool reason t1 'lievs that the sans can b,
established by proof
This leave to file infrm1ti N can bs granted
by the supreme Court, or BY any Judge therco
in vacation.
Nctice To defend is then served on tho TIy
draulic Company, and SUNNI ms issued.
And il on the hearing of the case the informa
ton is sustained by the proof. then judgment o
ouster follows and bv the order of Cont III,
whole thing is placed in the hands OF trustees
| appointed by the Court 10 close M the corpora
ton and dispose of the property, &C., under III,
order of the Court.
Then procee iings shaul be begun at once .a-
) IT yon wait for wears after the ab1n1pnmant NJ
n-user tonk place the statute of limitation vii
have run against vnR.
Al the hnal disposition Of the property the vii
lage can obtain the same from these trustees Ou
such terms as the Court may sanction.
This. my Dear Sir, is in brief my idle, Of ~
proper manner to dispose Of this matter viii !
has been sn long pending, and believe by fn
lowing II ynu will he abe 10 tse the citz.ns I'm
benefit Of a work originally intended as waite
4 power and urce of wealth nnl pr sparitv I
the town, aud which is now practically of no ben
eht. but on the contrary a spuree of great annoy
ance to citizens. Yours, J. Il, TYLER.