846 JOURNAL OF PROCEEDINGS [Mar. 16,
the Cecil and Harford counties Boom Company, passed at
the January session of 1867, chapter 194, and alleging
certain violations of the said Act of incorporation, beg leave
to report as follows :
We have investigated the whole subject referred to in the
above mentioned petitions, and from the evidence obtained,
we are forced to the conclusion that the Cecil and Harford
counties Boom Company have violated their corporate powers
and franchises ; and from the same evidence, we are of the
opinion that the said Act of incorporation ought to he
amended.
The said Act of incorporation provides that the said com-
pany shall not place their boom below the head of sloop
navigation on the Susquehanna River ; yet they have placed
said boom more than two miles below that line.
The said Act provides that the said company shall not ob-
struct "any channel on the Susquehanna river leading to any
public landing," yet they have entirely closed up the west-
ern channel of said river which leads to a much used public
landing at the village of Lapidum, in Harford county, said
channel being from eight to thirteen feet deep at low tide.
The said Act provides that the said company shall not inter-
fere with or damage any fishery on the Susquehanna river,
yet they have destroyed some of the most important fisheries
on said river, while the right which the said company claim
to run down their logs, spars, &c., through the whole course
of the river, even below the head of sloop navigation, will so
obstruct said river as to prevent its entire use for fishing pur-
poses, thus cutting off the principal means of support of
many of our citizens. This demonstrates in itself, the in-
fraction of the aforesaid Act of incorporation, for surely the
General Assembly of Maryland never intended to convey the
right and power to a mere private corporation to fill our fish-
ing waters with floating logs, spars, timber, lumber, &c., to
the injury of the public. But, if the Boom were located at
the head of sloop navigation as the Act of incorporation pro-
vides and directs, the fishing waters of the Susquehanna
would not be encumbered with such floating logs, spars, &c.,
for they would be caught ashore. But further, the said Act
of incorporation provides that the said Boom company shall
not extend their Boom or piers into the eastern oi main
channel of the Susquehanna beyond a point where the water
is six feet deep. Now, to say nothing of the violation of their
Act of incorporation in placing their Boom some two miles or
more below where the said Act of incorporation directs, they
have extended huge piers of wood and stone into the eastern
channel where the water is eight feet, nine inches at low tide,
and still purpose, as we understand, to extend such piers still
farther into deeper water.
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