Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-21
NO RIGHT TO MONEY
New York Attorney General
Orders Railroad to Refund.
SCANDAL TN BARGE CANAL
Jackson Directs Repayment to State
by Ontario and Western.
PAY UP OR STAND LAW SUIT
Railroad Company Reimbursed for
Removing Bridge It Should
Not Have Built.
PAY UP OR STAND LAW SUIT

ALBANY, March 21.-Attorney General
Jackson has demanded that the New York.
Ontario and Western Railroad Company re-
fund to the state treasury Silt, ISL. which
he declares the last republican state canal
board paid the company without warrant
Of law for a bridge of the company dis
placed by the SOL 10000 barge canal in
Oneida county.
According to the records Of the canal
board, Attorney General Mayer approved
on March 81 Of last year the payment of
SILT, 161 to the railroad company, although
the official opinion is dated April 10. The
deed releasing the state from further la
bility was approved by the attorney gen.
eral on December %.
The state canal board voted unanimously
in favor Of the payment. The money with
the exception of $1,000. was paid over on
December 81 last, on the eve of the retire
ment of the members Of the last republican
state canal board.
Attorney General Jackson notified Con-
troller Glynn today to refuse to pay the
$1,000 balance. He holds that the railroad
company was obligated to remove the
bridge at its own expense. The attorney
general also makes a demand upon the
railroad company for the return Of the
$117,161. in default of which he will bring
al dCllOn 10 recover IL. ne attorney gen.
erals letter follows:
Demand on Railroad.
Attorney Generals Office,
ALBANY, N. Y, March 10.
The New York, Ontario and Western Rail-
way Company:
On the 31st day Of December, 1905, there
was paid to you out of the treasury of the
state of New York the sum of one hundred
sixty-one dollars and sixty-six cents (s117.-
1866 on account of the damages claimed
to have been sustained by you by reason Of
the taking and appropriating by the state
Of New York Of certain lands claimed to be
owned by you in the towns of Vienna and
Verona, in Oneida county. for the use of
the improved Erie canal.
The damages claimed by you were not for
any lands owned by you and appropriated
by the same but We're for the cost of the
removal of your railway bridge across
Wood creek sometimes called Fish creek
the building of a new bridge at the Same
point and the cost of changing the roadbed
and approaches of your railway on each
side of said Wood creek, made necessary
by the construction Of the improved Erie
canal.
Wood creek, prior to the time of the con-
struction Of your railway across the same
was part Of the Oneida Lake canal and of
the canal system of the state of New York
the title of which and the bed thereof was
In the people Of the state and was under
the jurisdiction and control of the canal
commissioners. Your said railway and
bridge were laid, constructed and maintain
ed across and within ten rods of said
canal without the consent and written
permission of said canal commissioners re-
quired by law.
The said Wood creek, from time i'm
memorial, has been a natural watercourse
and navigable stream of the state of New
md fhn cft,,,.
tenance of your railway and bridge upon
and across the same was subject to the
right of the people to use the same in such
manner as the interests might require or
the legislature might prescribe.
Call for Restitution.
The legislature by statute, declared that
the route of the improved Erie canal should
be down the valley of Wood creek to
Oneida lake" and has directed the i'm
provement of this nature navgable stream
which heretofore has been appropriated for
canal purposes.
This Improvement necessitated the altera-
ton of your railway and the rebuilding of
your bridge near, along and across Wood
creek, and it became and was your duty at
your own expense to remove, rebuild, alter
or change the same to conform thereto
The state of New York was under no legal
cost of making such changes or alterations
in your bridge railway.
The payment to you of the said sum of
one hundred and seventeen thousand one
hundred and sixty-one dollars and sixty
six cents Gilt, 1G1.66 as aforesaid, and the
receipt and detention thereof by you, were
and are without authority or right.
/ therefore hereby demand that you forth
with return and pay to the treasurer of
the state of New York said sum of one
hundred and seventeen thousand one hun
dred and sxty-one dollars and sixty-siX
cents GIT, 161. $50 so paid and received by
you on the 31st day of December, 1906
with the interest thereon from said last
named date.
In default Of tile prompt payment Of this
sum by you l shall bring an action to re-
cover the same. Yours truly,
WIN. SCHUYLER JACKSON
Attorney General.