The Ohio Democrat. (Logan, O. [Ohio]) 1886-1906, 1894-08-11
The Hooking Canal.

Some of the people who are OPP
posed to the building Of Il railroad
along the Hooking Canal have
brought the question before the
Attorney General Of the United
States to see whether or not the
Ohio Legislature has right to
dispose of it.
Ex-Secretary Ryan has been to
Washington and presented the
mntter to Attorney General Olncy.
The following is q special tele-
gram from Washington to the Col
umbus Dispatch which explains
Mr.. Ryan's mission there:
"Since the departure of eX-Sec-
retary of State Ryan, who spent
several days here, investigation at
the office of Attorney General
Olney developes that he was here
as the representative of the Miami
and Erie Canal Association of
Ohio. He presented to the attor-
ney General the memorial of the
association requesting him to in
stitute suit in quo warranto against
the Columbus Hooking and Athens
Railroad Company for the purpose
of inquiring by what right it exer-
cised the franchise of constructing
and operating railroad on the
Hooking canal.
"The memorial, Ms on file, states
that the petitioners are. an associa-
tion composed of tax payers and
residents of Ohio; that they repre-
sent $30,OO0,O0O valuation of pro-
perty, bounding and abutting on
the canal; that this consists of
water rights, factories, leases, ETC.,
maintained in connection with
water power Of the canal. The
The petitioners declare that If the
canal property of this State is
abandoned they .wilr shffer great
and irreparable loss. Tt is further
DECLARED that if it is within the
power of the Legislature alone to
divert the Ohio canals from the
original purpose the petitioners
have no protection of their proper
ty, and if such be fact it will
bear upon their future invest
ments as well as the value of the
present property. Reference is
made in the memorial to the var
ious laws of the United States
making grants of canal lands tt
Ohio as we'll as the law of the Gen.
eral Assembly, accepting the same
with all conditions, one of which
requires that the state shall for
+. ever maintain the waterways.
"rhe attention of Attorney Gen
eral Olney is called to the fact tha
!, at the last session of the Legisla
, ture forty-two miles of the cana
, system of Ohio, known as, the
: Hooking, was abandoned for cana
\ purposes and diverted by lease Il
Il railroad company. The memor
: ial declares that this act of aband
/ onment has not yet received th'
: assent of the National Govern
e ment. The Attorney General il
2 asked to make inquiry as to tn
: validity of this proceeding, in thi
: connection referring to the inten
: tion of the United States Govern
O ment to make a survey of the Ohi'
h canals, with a view of .establishin,
j. a route for ship canal. Fo
e these reasons the petitioners de
e clare that the general Governmen
: has an interest in knowing wheth
r er these canals, when developed
o into ship canals can be abandone,
or destroyed by the Ohio Legisla
ttuIC uIOuCs
"Attorney General Olney evin
r ces considerable interest in tn
matter, but will necessarily hav'
a to postpone consideration of tn
- application until after Congress
adjourns. 1t is understood Con
:. gressmen Grosvnor' and Outlrwait
will file briefs in opposition to. tn
:. action demanded. There is som
.. adverse criticism OH the failure {
II Governor Mckinley tq!have tn
~ question judiciously determined
n The indications are that the sui
ject will receive close attention q
the hands of the legal department
- - of the United States.".
y. AS there are ninetenths of tn
/" taxpayers in favor Of doing ava
y. with the old mud hole, we thin
!" they should be favored that way
there is no boats on the canal, (an
ar if there were they could not b
at run, the water not being owe
two feet deep) eXcept the oil