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THE WHARF CASE. 365
exhibition of their bill; and these defendants aver, that, although it
may be, that they have expended large sums of money in comply-
ing with their contract; yet that the filling up of the ground, and
making the canal, has very considerably increased the value of
the property belonging to them. These defendants aver, that the
wharves, made as described, were always considered as public
wharves belonging to the city of Baltimore; and, as such, wharf-
age was collected for the use of them, in like manner as for the
use of other public wharves; and they aver, that the plaintiffs had
collected the wharfage on those wharves, as commissioners ap-
pointed by and for the city, up to the time of filing their bill.
On the 1st of June, 1815, another bill was filed by Cumberland
Dugan and the widow and heirs of Thomas McElderry, deceased,
against The Mayor and City Council of Baltimore. In this bill
the plaintiffs, after stating the circumstances in relation to the
making of the wharves in Market space, as set forth in the first
bill, allege, that the defendants had been prohibited by the act of
1813, ch. 118, from collecting wharfage for the use of any public
wharf; and yet had imposed wharfage for the use of the wharves
made by these plaintiffs, and had collected a large amount to the
exclusion of these plaintiffs, who alone had the right to the wharf-
age for the use of those wharves. Wherefore they prayed for an
injunction, and for general relief. This bill was sworn to by only
two of the plaintiffs.
12th June, 1815,—KILTY, Chancellor.—The bill for an injunc-
tion in this -case has been for some time under consideration. On
account of the nature of the dispute, and the caution that is ne-
cessary in interfering with the legislative acts of an incorporated
town. But where such a corporate body frames its acts in oppo-
sition to a law of the state on the subject matter, the persons ag-
grieved are entitled to the aid of this court, and its restraining
power cannot with justice be refused.
The Chancellor is of opinion, that the part of the ordinance of
March 25th, 1815, charging rates on the articles, therein enume-
rated, landed on any public wharf, is a palpable evasion of the act
of Assembly, 1813, ch. 118; attempting, by a seeming adherence
to the letter, to contravene the intention of that law, as plainly
appears by the proviso in that section of the ordinance, as well as
from a consideration of the manner in which wharves are used by
landing goods for the purpose of passing them over, or passing
over goods, which must be previously landed. In supposing The
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