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BINNEg'S CASE.-2 BLAND. 117
As to the multiplication of wastes from the canal of these defend-
ants, for the sinister purpose of selling them as mill-sites, it would
appear to be enough to say, that the Act incorporating the defend-
ants, declares, that the water of only such wastes shall be sold as
mill-sites, as « shall be essential to the security of the said 123
canal, and in no other situation whatever." 1824, ch. 79, s.
16. When this clear and positive restriction shall have been, or
nay be attempted to be violated by any thing, done with that
view alone, which is not now alleged, or pretended, it will then
be time enough to apply to a Court of justice for redress, either
by way of remuneration or prevention. Fishmonger Company v.
.East India Company, 1 Dick. 154; Ripon v. Ilobart, 8 Cond. Chan.
Rep. 331. Therefore at present, and in the form in which this
cause of complaint is set forth, it forms no just ground for grant-
ing or Continuing an injunction.
It appears, however, from the proceedings, that the claim of the
plaintiff's under the Act incorporating The Potomac Company,
1784, ch. 33, s. 13, is one which he has brooded over, and cherished
for years past; and, although, as it would seem, he had never
before, in any way, submitted it for the judgment of a. Court of
justice; yet, that lie had repeatedly urged it in other forms, and
in the most solemn manner. If well founded, it is a claim, that
may soon become a grievous perennial draft upon a, large naviga-
ble highway, common to this State and its southern neighbor; it is
one which has been deduced from the upper portion of a great and
valuable river, belonging altogether to this State, and forming its
southern boundary; and it is one which has been interwoven with
the longest and most important line of artificial navigation ever
sanctioned or participated in by this Republic. The plaintiff'
asserts his right, under this law, a,s to a privilege of a high and
almost inestimable value, and the defendants oppose the claim, as
a pretension utterly groundless; but which, if sustained, would
become an incumbrance so vast, as to be destructive of the great
work upon whose vitals it proposes to fasten and to feed. All
these circumstances give to this claim an importance far more than
ordinary; and exhibit it as one which, on every account, requires
a most careful examination and deliberate consideration in all its
connections and bearings.
The Potomac River, it has been urged, must be regarded as a
public: navigable river far above tide; and as the common property
injury of the water rights of any individual, and so that no part of any
such surplus shall be applied anywhere within the State of Maryland, to
the manufacture. of any description of grain. Therefore the water power
of the canal, within the District of Columbia, may now be disposed of for
all manufacturing purposes, 1832, ch. 291; Acts of Congress, 3 March, 183'7,
ch. 61.
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