1458 LAWS OF MARYLAND.

JOINT RESOLUTION NO. 5.

Authorizing the Board of Public Works to require the Balti-
more and Ohio Railroad Company to keep a steam tug or
tow boat at the span or draw in its bridge over the Susque-
hanna river and tow vessels under the span of said bridge on
the Philadelphia branch of its said road, and also to remove
all abandoned piling and other obstructions placed under and
near said bridge by its agents, employees or contractors.
Whereas, It appears from the Act of 1882, Chapter 223, of
the General Assembly of Maryland, that the Baltimore and
Ohio Railroad Company were authorized and empowered, in
the construction of the Philadelphia branch of its said road,
to construct and maintain a bridge over the Susquehanna river
between Cecil and Harford Counties, in said State; and,

Whereas, The said railroad company was thereby required,
before constructing any bridge over and across said river, to
first obtain the approval of the Board of Public Works of the
plans and character of the bridge to be constructed by it, and
the said board was authorized to prescribe all necessary condi-
tions for the construction and use of said bridge so as not to
impede navigation; and,

Whereas, The said railroad company submitted certain plans
by which it agreed to erect and maintain a span of said bridge
over the channel of the said river ninety feet above ordinary
tide water for the passage of vessels thereunder and keep a
steam tug or toAv boat at that point during the season of open
navigation of said river, to tow all vessels requiring it under
said bridge, which was approved by the said Board of Public
Works on the 9th day of August, 1883. And the said railroad
company thereupon built said bridge, but has neglected to
comply with the conditions to keep and maintain a steam tug
or tow boat at said point to tow vessels as provided in the
Second Section of the Act of 1882, Chapter 223, whereby the
commercial interest of the State has been and is being greatly
injured; and,

Whereas, The said railroad company has suffered certain
abandoned piling and other material used in the construction
and repair of the said bridge to be and remain in the bed of
the said river under and near said bridge, whereby sand and
mud bars are being there formed and the river filling up and
navigation is thereby being obstructed and the lives and
the property of the citizens of this State, navigating the said
river in boats and vessels, endangered ; therefore,

Be it resolved by the General Assembly of Maryland, That
the Board of Public Works of this State is herebv instructed