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Proceedings and Acts of the General Assembly, March 30, 1868
Volume 142, Page 906   View pdf image (33K)
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906 JOURNAL OF PROCEEDINGS [Mar. 18,

spectfully report, that the Company have not built their main
boom below the head of sloop navigation, but that the boom,
which is now in the course of construction is what is called
a branch boom, which the Company under its charter has a
right to build, and which does not in the least degree inter-
fere with the navigation of the channel leading to Lapidum
or any other public landing on the river. It is true that
some of the piers of this branch boom may possibly be in
water deeper than six (6) feet, towing to the channel from
freshets being washed out, which may frequently happen,
thus making it impossible to "construct a boom, but which
may from this cause be compelled to place some of its piers
in water deeper than sis feet.

As to the destruction of fisheries alluded to in the report of
the majority of this committee, we beg leave to state that
imagination has had more to do than reality in making this
charge, there being no shore fisheries near where the branch
boom is located, and moreover, the Act of incorporation fully
provides for the entire indemnification of the owner of any
fishery that may be injured by the construction of any boom
by this Company.

As to the assertion that this Company has the right to con-
demn generally the shores of the Susquehanna river and its
neighboring streams, we respectfully state, that by the Act
of incorporation, the right is given for the condemnation of
only two hundred and fifty (250) acres, and the fact is that
up to the present time no land has been taken, and when
the Company shall desire the use of any property, it will far
prefer to make an amicable and satisfactory arrangement with
the proprietors thereof than to avail itself of the right of con-
demnation as provided for by its charter.

While we acknowledge the House of Delegates to be, in
the language of the Majority Report, the grand inquest
of the State, still we believe that for any alleged infringe-
ment of its charter, this as well as other incorporations, should
be held accountable, as the question is purely a judicial one,
in and before the courts having jurisdiction in said matters.

The majority of the committee state that it has "intro-
duced a bill to meet the subject, as well as to correct the
violations of law already perpetrated by the Cecil and Har-
ford counties Boom Company.

Now, against the passage of this bill, we most earnestly
and respectfully protest, as if enacted into a law, it may vir-
tually destroy an enterprise which we truly believe will be
productive of vast benefit to the entire community in which
we reside—not only to Harford county, hut also to Cecil
county, from which the opposition principally comes, and we

 

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Proceedings and Acts of the General Assembly, March 30, 1868
Volume 142, Page 906   View pdf image (33K)
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