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THE AMERICAN JURIST.
No. IV.
OCTOBER, 1S29.
ART. I.—RIGHTS OF MUNICIPAL CORPORATIONS.
[We have been favored by a correspondent in Baltimore
with the following opinion of Judge Archer. The decision is
one of general interest, and is, as our correspondent justly ob-
serves, c a happy application of our peculiar principles of po-
litical right and liberty to a case of private concern*']
Baltimore County Court, March Term, 1823.
Before the Hon. STEPHESTSOX ARCHER, Chief Judge of the Sixth Judicial
District of Maryland.
Barroa &, Craig •». The Mayor and City Council of Baltimore.
THIS was an action on the case brought against the corpo-
ration of Baltimore for an injury done to the wharf-interest of
the plaintiffs. Their wharf is on the Patapsco River, on nav-
igable water within the harbor of Baltimore and the city limits.
The wrong complained of was the diversion of certain streams
from their natural channel to a point near the wharf in ques-
tion, to which point a large deposite of sand and earth was
carried down by the streams, and thus lessened the depth of
water at the wharf, and materially impaired its revenue and per-
manent value. These streams were so turned from their na-
tural and ancient course, under authority of ordinances of the
City Councils of Baltimore, acting within the defined scope of
their charter and of their municipal legislation. The right of
establishing the grades of streets and regulating their paving,
the care of the health of the city, and the superintendence and
preservation of the navigation of the harbor, are all admitted
vor,. IT.—NO. rv. 27
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