earnestly recommend that the next Legislature be requested to make a special appropriation for needed repairs and improvements to the property in the sum given in the following estimate: Repairing and extending riprap protection along the southern arti- $4,500 00 1,500 00 New gates and cleaning Kirkersville Feeder, and repairing the feeder 1,000 00 500 00 $7,500 00 More particularly shown by statements and estimates on file in this office. GOVERNMENT ENGINEERS' REPORT. By the River and Harbor Act of August 17, 1894, the Secretary of War was authorized and directed to appoint a board of three engineers of the Army, whose duty it shall be "to survey the Miami and Erie Canal, the Ohio Canal, and such branches thereof and such river and stream channels as may, in their judgment, form available portions of a continuous canal connecting the waters of Lake Erie with the Ohio River through the State of Ohio, and to report as to the feasibility and advisability of improving and widening such canal to seventy feet at the water line, and deepening the same to seven feet, and by construction of new locks not less than one hundred and fifty feet in length and twenty-one feet in width, with a capacity for vessels of at least two hundred and eighty tons burden, and to report to the next session of Congress with detailed plans and an estimate of the cost of such improvement; and twenty thousand dollars, or so much thereof as may be necessary for the cost of said survey, is hereby appropriated: Provided, That nothing herein shall be construed to commit the Government to proceed with the construction of said improvement." 1 Agreeable to this Act and by special orders from Army headquarters, the Board as constituted consisted of the following officers: Corps of Engineers, Genl. O. M. Poe, Lieut. Col. Amos Stickney and Major Wm. L. Marshall, Capt. Chittenden being assigned as executive and disbursing officer for the Board. The vacancy on the Board caused by the death of Genl. Poe was filled by the appointment of Maj. Wm. S. Stanton, Corps of Engineers. The investigation of the Board extended over a wide scope and was as thorough and exhaustive in character as the small appropriation of $20,000.00 could possibly admit, embracing three distinct canal routes across this State; the Eastern Route, Cleveland, Zanesville and Marietta; Central Route, Sandusky, Columbus, and Portsmouth; Western Route, Cincinnati, Dayton and Toledo. All of these routes practically following the lines of the old canal, except the central route from Columbus north. The Board gives the relative merits of the various routes, as indicated by the following table, to-wit: 1 While the Board held that it "would transcend the limits of its duty as defined by law" to report on the feasibility of a canal ten feet in depth, with locks twenty-six by two hundred feet that was considered the least size to navigate the lakes, they referred to Capt. Chittenden's report, who found that such a canal was feasible and practical on any of the routes named, except possibly the Eastern Route, the only question at issue being the water supply. The cost of building the canals as given in the report was as follows: The estimate provided for an average right of way of two hundred feet wide fencing both sides, lock keeper's houses, paving canal banks for a width of twelve feet on each side, all work to be first-class in every particular. The matter of paving being among the most expensive items entering into the estimates, which were for: The Eastern Route The Western Route .$3,385,725 $3,857,980 $4,418,720 New reservoirs were provided for the Eastern Route, the big Cuyahoga near Kent, and the enlargement of the present Tuscarawas. Central Route the great Scioto situated in Marion County and for its western route a new reservoir at Port Jefferson and an improved water supply for the present Grand Reservoir at St. Marys. The Board concluding its report by finding “that it would be feasible to construct a canal of the dimensions specified in this Act of Congress upon any of the three routes described in report, but that the construction of such a canal (by the Government) would not be advisable." Miami and Erie Route. "THE MIAMI & ERIE CANAL TRANSPORTATION COMPANY AND ELECTRICAL HAULAGE. CONTRACT AND LEASE OF THOS. N. FORDYCE. The Miami and Erie Canal Transportation Co. Supplementary to the statement contained in my annual reports for the last two years, I have the honor to submit the following regarding the operations of the Miami and Erie Canal Transportation Company, a corporation duly organized under the laws of the State of Ohio for the installation of a system of transportation by electricity, said company being the assigns of the lease and contract dated March 26, 1901, executed by the Board of Public Works and Thomas N. Fordyce and approved on April 3, 1901, by the Governor and the Attorney General, said lease granting to said Fordyce and his assigns the right to construct and maintain for a period of 30 years along the Miami and Erie Canal all the necessary facilities for propelling boats or other craft on said canal by electricity, either by poles and overhead wires or by traction power along the berme bank or towing path of said canal. I beg to call your special attention to that part of my last annual report dealing with the relation of the business of your Department with the affairs of the Transportation Company which reads as follows: In many respects your officers have been materially assisted by the Company not only by the personal services of their officers in charge, but by labor and material furnished by them for repairs, and by their building new structures for the betterment of the canal which otherwise would have had to be done by the State, and yet in no way has the State contracted for or paid out money to assist in any manner the work being done by the Transportation Company, the latter being in accordance with a condition of the agreement entered into which has been strictly adhered to. In justice to the Company in their association with this Department, I deem it but proper to say that they have made many repairs and have done much toward the betterment of the canal proper and its general physical condition which they were not compelled to do under the terms, conditions and specifications contained in their contract with the State, and in many instances have saved the State considerable labor and the expenditure of money for the repairs and betterments so made which would have been required on the part of "the State in the very near future. This relationship and the Company's aid as noted, continued until its affairs were forced into the hands of receivers. As shown in my report of Nov. 15th, 1902, the following injunction suits were brought in an attempt to restrain the Company from occupying certain lands for the construction of its plant, and as a general attack against its rights under the agreement entered into with the State, towit: Butler County Common Pleas Court, 9 cases, of which 5 were settled in favor of the Company by agreement and judgment, and of which 4 are pending. One case in the Hamilton County Court and judgment rendered in favor of the Company. Warren County Court, two cases, both pending and one case in the Warren County Court which had not been heard. Under date of this report, November 15, 1903, the following cases were pending by advices received from the attorney of said company. The cases in the Common Pleas Court of Butler County have not been tried for the reason that they have not been reached upon the docket, and the same way in the Common Pleas Court of Montgomery Co. There is another case of the Cincinnati & Dayton R. R. Co. vs. M. & E. C. T. Co., which is on the way to the Supreme Court,. having been tried in the Circuit Court of Butler County. In all of the above cases the controversy is about the line between the State property and abutting property and in all of the cases tried in the Common Pleas Courts of Hamilton, Butler and Montgomery Counties, before three different Common Pleas Judges, the attorneys of the Company have been able to prove that the State of Ohio owns considerably more land in connection with its canal than has heretofore been claimed, and they will, I confidently believe, be able to maintain their position as to the title of the land clear through to the Supreme Court. Although this litigation has not resulted in fixing the boundary line between the State's property and that adjoining it, it has been the means of gathering together abundant evidence that will in many cases establish the line between the property of the State and that adjacent when proper suit is brought for that purpose, all of which will insure, indirectly at least, to the benefit of the State by determining the title to canal lands. The general specifications for the building and equipment of the electric haulage plant, as made a part of the agreement entered into, provides that "the work of construction shall be done with dispatch and shall inconvenience the business of the canal as little as possible;" also that "the Engineer (meaning the Board of Public Works) shall be instructed at all times during the construction" as to conditions and progress of the work. Agreeable to this latter stipulation, the following report was received from the Company's Chief Engineer under date of April 14th, 1903, towit: "April 14th, 1903. "To the Honorable Board of Public Works and Chief Engineer Public Works. "Work is under way the entire distance from Cincinnati to Dayton. "The overhead electrical construction is completed to south line of Miamisburg. "Butler County is putting in swing bridges at Port Union and Canal Street and Dayton Street, Hamilton. "We have masonry work nearly completed for steel span bridges at Gregory Creek and LeSourdsville and Dick's Creek at Amanda. "We have had 100 men between Cincinnati and Lockland for several weeks throwing earth from bottom of canal onto banks, so as to strengthen same, and Vol. III. Ex. Doc. 11. if we can have water out between Lockland for about two (2) weeks we will do the same thing oalng these banks in that section. Ballasting nearly completed Cincinnati to Hamilton. "We have a large force of men and teams in Dayton, and expect soon to have track laid through the town with the exception of Sixth to First Streets and Mad River Acqueduct. "The electrical machinery is all in place in the Stations at Spring Grove and Rialto, and same is now being tested for final acceptance. "Four of the canal electric locomotives have been received. "The basement of the Sub-station at Franklin is completed and has been started upon the one at Rockdale. "On the whole work we have 900 men and 50 teams at work. "The injunction suits are being rapidly taken care of, and it looks now very favorable to our running an electric locomotive to Dayton by July 1st, 1903. Respectfully submitted, THE MIAMI & ERIE CANAL TRANSPORTATION Co., Since the date of the above no official report of this character has been received by the Department. On the second day of July, 1903, upon the application of the creditors, the Superior Court of Hamilton County appointed Messrs. Chas. E. Richardson of Glendale and W. Kesley Schoepf of Cincinnati, Receivers of the Company's affairs, since which time the work on constructing the plant has been practically brought to a standstill and your Hon. Board has been estopped from acting in the premises except by process of law. In fact all the affairs of the Company are in the hands of the Court. By authority of the court under date of July 30, 1903, the receivers were authorized to issue certificates in the sum of $5,000.00 for the purpose of finishing work between Cincinnati and Middletown, so that this portion of the canal could be operated in the transportation of freights which the receivers have been doing since about that time. There remains unfinished parts of the work to be done by the Company along the entire line and no portions have been officially accepted as completed under the terms of the agreement by the Department. The plans, special specifications and detailed drawings referred to and demanded by the terms of the agreement entered into, a full copy of which is hereto attached, have been furnished by the company showing the proposed construction of the work between Cincinnati and Dayton, contained in seven folios of blue prints of 361 pages 30x40 inches in size, which are substantially bound and on file in this office, all bearing, with the exception of a half dozen sheets, the proper approval of the Department, according to the following general resolution, towit: "Whereas, the Board of Public Works of the State of Ohio, did enter into a certain contract and lease with Thomas N. Fordyce and his assigns, which contract and lease was readopted and supplemented by a subsequent contract and lease between the same parties under date of March 26, 1901; and, * "Whereas, under the terms of said contract and lease of March 26, 1901, plans and specifications with reference to the construction of a canal boat transportation plant were therein required, and said plans and specifications * Folio Blue Print Plans as follows, to-wit: and bearing the approval of the Chief Engineer of the State of Ohio, have been filed with the Board of Public Works of Ohio, together with the report of said Engineer approving the same, therefore be it "Resolved, That said plans and said report, having been examined by said Board of Public Works, be and they are hereby approved. "Adopted." |