The Celina Democrat. (Celina, O. [Ohio]) 1895-1921, 1913-03-07
ANYQUESTIONS
RAISED BY SUIT
For Damages Against State Filed
by Raudabaugh-Has Land
Reverted 20 Government

A test case to determine whether the
State OF Ohio can maintain the reservoir
as storage body of water and use the
same and the Miami and Erie Canal to
supply power TO private parties, was filed
in Common Pleas Court last Saturday by
Attorneys John G. Romer, 1. Il. Rauda-
baugh and S. S. Scranton.
The case is entitled l. +. Raudabaugh
VS., The State of Ohio and is suit for
damages from overflow water from the
reservoir in the sum of 81, 800.
There are big number of like claim
ants asking damages, which in all will
amount to almost half hundred thou
sand dollars but these suits will be held
in abeyance pending the courts decision
in the Raudabaugh suit.
Plaintiff claims ownership to land adj
joining the west embankment, and al
leges that crops on this land we're dam
aged by overflow water.
The petition states that the State of
Ohio maintains a reservoir of over
IS, 500 acres in area just east of his land;
that said reservoir was constructed for
the purpose of supplying the Miami and
Erie Canal with water for navigation;
that the United States Congress on
March 2, 1927, granted to the State of
Ohio large quantities of land for the
purpose of constructing said canals and
supply reservoirs; that the only consid-
Grafton received for the land so granted
was that the State of Ohio should main
tain water way that might be used by
thr United States for the transportation
of Federal commodities, free of any toll.
The petition here brings up the leasing
of the reservoir and canal for water
power purposes, and may be the final
undoing of the million-dollar Auglaize
Power Company of Defiance.
The grant of the land given the State
of Ohio by the United States Congress in
1927 makes certain provisions, among
which is
Provided that said canal and
feeders, when completed, shall be
and forever remain public highway
for the use\ of the Government of
the United States; and, further,
The said lands so granted by
the United States to the State of Ohio
are to be subject to the disposal of
the Legislature of the State of Ohio
for CANAL PURPOSES AND NO OTHER,
and provided that it so remain for
ever; and further, that the United
States government may have free
use of same, and it shall be the duty
of the Governor of the State of Ohio
to see that these provisions are car
ried out as fully set FORTH and that
said canal be and remain in good re-
pair
While part of the area now covered by
the waters of the reservoir was private
property, the greater portion was gov
ernment land, and was conveyed to the
State of Ohio in the above grant. which
was finally approved May "a, 1928. The
entire grant conveyed about 500, 900
acres.
Mr.. Raudabaugh, in his petition, sets
forth that the State has for several years
past abandoned keeping up said canal,
and it is now in such decay that nayiga-
ton thereon is impossible.
The petition here attempts to raise the
question as to whether or not the canal
and reservoir right-ofways or the land
granted by the United States has not re-
verted to the government.
A number of other causes of action are
set up in the petition, among them that
the State has discontinued the use of the
waste weirs and raised the water level Of
thl only one now in use, thereby raising
the water level of the reservoir to a dan
gerous point; that the state has no right
to use the water of the reservoir for any
other than navigation purposes, and that
it has no right to store water therein for
hydraulic purposes. Many other causes
are also set up.
The reservoir work was commenced in
1887. In 1843 the west bank was COM
pleted, and that summer the State, by its
officers, turned water into the big low
lands, drowning out a lot of crops This
action so enraged the people of the conf
munity that they dug an opening in the
bank and let out the water.
The reservoir was not fully completed
and put into use as a storage until the
fall of 1845.