Weber v. Gill

Citations

• 98 Cal. 462
• 33 P. 330
• 1893 Cal. LEXIS 944

Syllabus

<p>Stockton—Duty op Department op Streets and Wharves—Removal of Obstructions to Watercourses—Ordinance. — Under the terms of the charter of the city of Stockton, approved March 2, 1889 (Stats. 1889, p. 577), it is the duty of the department of streets and wharves to see that the watercourses and channels are not obstructed by anything which will cause the waters thereof to overflow and injure or destroy the public streets or property of the city, and no ordinance of the city eouncil is necessary in order to authorize the department to remove such obstructions.</p> <p>Id. —Deposit in Slough by Act op United States—Improvement op Navigation —Right of City to Remove Deposit.—The fact that the deposit sought to be removed from the slough is due to the- acts of the United States government in improving the navigable portion of the stream below does not affect the right of the city to cause it to be removed. The city has the right to remove obstructions from a natural watercourse so as to preserve it in its natural form, without regard to the cause of such obstruction.</p> <p>In. — Construction op Charter—Authority over Channel op Slough.—The act of March 23, 1872 (Stats. 1871-72, p. 540), authorizing the city authorities of Stockton to widen and deepen the channel of Mormon slough, and providing for condemnation proceedings therefor, was intended to provide against overflow, but does not prevent action under authority of the department of streets and wharves to remove a deposit of earth which has partially filled up the channel of the slough, and which if allowed to remain will tend to cause an overflow of the waters and an injury to property of the city, if there is no removal of land belonging to a private person, and no attempt to widen or deepen the channel.</p>