The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-03-20
INDIANA AND ILLINOIS NEWS
A Decision Which Promises a New Batch
of Wabash Canal Complications.
Narrow Escape of Girl Somnambulist-A
Woman Takes Her Life by Hanging
Notes and Gleanings.
INDIANA.

A Prospect for New Complications Over the
Wabash and Erie Canal
Special to the Indianapolis Journal.
BRAZIL. March 19-Judge Bicknell of Wash
ington, Ind. recently decided that the tow-path
of the defunct Wabash and Erie canal, after the
abandonment of the canal. reverted to its orig
inal owners, and the transfer, by purchase, of
the tow-path to the Evansville & Indianapolis
Railroad Company by Mr.. D. j. Mackey, who
claimed to have been the owner thereof, did not
convey title. Considerable Importance attaches
to this decision. inasmuch as the tow-path is
used as road-bed by the railroad referred to,
from Worthington, in Greene county, to Evans
vile, distance Of 100 miles, as well as for a
short distance between Terre Haute and
Worthington, the last division being the late
Terre Haute & Southeastern. Should the SUI
preme Court affirm the decision, the managers
of the road will be enjoined from using their
track until such time as q satisfactory adjust
ment of the question of right of way has been
made with the propeEowners of the canal This
will call for many thousands of dollars, and, to
say the least, will be serious drawback to a
young but vigorous system but recently con-
summated. operating through southwestern In
diana. and connecting Evansville. Terre Haute
and Indianapolis. via Worthington.
The decision was on a demurrer to the defend
ants answer, in a suit to enjoin the use of the
tow-path by the railroad company, brought by
one of the owners Of land through which the
canal run, the latter claiming that since the
canal had been abandoned, all title to the land
composing it inhered in him as the original
owner. and that he was the proper party to sell
the right of way.
Judge Bicknell has been circuit Judge for
twenty seven years, and has also served term
as Supreme Court Commissioner. He is one of
the ablest jurists in the State. His opinion,
therefore; is entitled to respect In substantial
ing it, he cites all the laws passed by the In
diana Legislature under the Constitutions of
1915 and 1852 that have any bearing on the case,
and refers to the decisions of the Indiana Cali
fornia, Vermont and New York Supreme Courts
touching the matter. There is probability that
the decision will be affirmed by the Supreme
Court, in which event right of way will have to
be bought over the tow-path the same as over
any other lands
The Wabash & Erie canal was constructed to
connect Lake Erie with the Wabash and the
Ohio rivers. Its line was from Toledo to La
fayette, thence down the Wabash to Terre
Haut6, tnence TO Whlte river, west fork, at
Point Commerce, in Greene county, distance
of 374 miles, thence to Evansville. It was
begun as early as 1927 by congressional grant of
lands followed in l830-31 by legislative meas
ures authorizing the commencement of work
Work progressed irregularly for seven years,
stopping in 1889, through the States inability
to meet the obligations growing out of the finan-
cial depression of 1887. Work was resumed in
I847 and four years later the first boat made its
way from Terre Haute to Point Commerce.
Meanwhile, the State turned over to its bond.
holders-English capitalists-as payment of one
half of her debt, the canal, together with all
unsold portions of the congressional grant lands
The bondholders agreed to finish the canal to
Evansville. This they never did, although it is
said. one boat made through trip. In 1859 the
canal was abandoned, and, according to the
terms of settlement the land of the canal proper
reverted to it's original owners. Subsequently
the canal was sold by agents of the States bond
holders Mr. Mackey seems to have acquired
title to it from this source, hence Judge Bick-
nells decision as to it's invalidity.
But perhaps the question will take two
sides, through legal technicalities involved in the
adjustment of the States debt, if Mr.. Mackey
pushes the fight and the English bondholders
speak out.