Report of the Committee On the Ninth Article of the Constitution Relative to La

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Report of the Committee On the Ninth Article of the Constitution Relative to La
Pennsylvania Constitutional Convention 1837 1838
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The Lehigh Coal and Navigation company, (7 Hazard's Register, 292, ) Judge Huston, in his' charge to the jurj says, " The State may improve our naviga- ble streams itself, or permit companies or individuals to improve them for the use of the public and themselves, authorizing them to be compensated for so doing by the tolls to be received;" thus put- ting them on the same footing as the supreme court had previously placed turnpike roads. Again, he says in the same case, "Along all the rivers, a...lmost, there is a strip of land between the bank and low water, which is covered when the river is up, but which, as it falls, is left bare, &c. This is a peculiar kind of property. The owner of the land bounding on such a stream, has a right to use it to a certain extent, nntil the State chooses to claim and use it. Or authorize others to do it, for the purpose of navigation. The owner of the adjacent ground has a right to fish opposite to and draw out upon it; perhaps to take the wood off* it.

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