New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-09-13
LAW LVTE.LLIGENCE'
Injunction re - -
Injunction - 90 Docks at brooklyn.
L. s. CIRCUIT CoURT-SourHLRs DISTRICT, ". \
The United States Henry Russles.

i'm, sfno the navigation Of said river and the Tree access
10 and fIom said Navy Yard by the ships and vessels 81
The United States and thus seriously peudicng if not de-
showing the public and objects OF the sad yaru Inc
d,ndant sets grant from ne asb naae u the
SECRETARY Office 9Th Of July 1892. This grant PurPorso
vet the defendant with authority to erect any docks tnat
ha be necessary promote the commerce OF the Sate
mon certain lands under water in the East River parcu
lly described therein and to collect from persons using
said dock reasonable and accustomed d9ckage 70 De
lated by lawwih condition that unless the premises
thus gated shall be appropriated Tor the OF com
by the construction Of docks, and the ming up Oh
the same within five years the grant shall he void
The defendant is the Of certain lands situate on
The margin Of the river and adjoining to the westerly or
souihwesery boundary of the Navy Yard ana he gran
and wbarves the said river adjacent to and ~ front OF
lis lot But according the boundary given in the grant,
as charged in the BILL and no; denied considerable por
ton of the land thus covered with water ana emoraced
within the boundaries il not adjacent to and in front ofhe
defendants lot but extend to and embraces lana under
water in front OF the Navy Yard
The statute Of New York comforting the powers upon
| the Commissioner to make the grant Is a. follows
"1he Commissioners of the Land Office shall have pow
or TO grant in perpetuy, otherwise, much OF the
lands under the of navgabe rivers or lakes as
they shall deem necessary TO promote the commerce OF
th State proper for the purpose OF the benehciai en-
ioymen Of the by the adjacent owner but no such
grant shah be made TO any person other than me Por
tor Of the adjacent onds and any such grant mar shdH Dc
zqoae 10 ana other person shall be rod.
The second section provides that the powers conferred
ON the Commissioners of the Land Office by the FIRST sec
ton Of hereby extended to lands under wafer
between high lid low marx ia "
and surrounding Long Island, &c; but no grant made
u1de this sha extend beyond any permanent eNtero,
water line established by law, ana nothing contain
therein shall authorize said Commissioners I" grant ny
lands under water belonging to tie Corporation oil me Cy
al New York nor TO interfere with any property rghs 90
franchises Of the same. Sess. l.. New YORK, lsoo p VII
One que stio llat NUT arise in this Will be- What
is tie true construction Of the plohbiory clause IN
the frrt section namely but no such grant shNh DC
made 10 any polfon other than the proprietor OF inc d
"cent lands As We understand ihs clause the Com
mssonefs possess power to make grants Of lands under
wf.cr in river lake in front Of an adjacent owner
whose lands bound upon the natgn u hi1'' nc S'i',i
10 those living III front Of the land belonging TO the a
can't or grantee The general rnle applied IN analH-1us
cases adjusting these water rights between contiguous
,ropiietos Bounding the margin OF me stream IL 20
ait at the Of their respective lois at the margin
tic water and run right angles lines to the thread OF
he river In his way TIE riparian riGhts of each pro-
roor will be protected by securing to I'm the enjoyment
a the watel front There are exceptions to the rule
in Casos whore The lands lie upon either side OF
the bend Of a river, the application Of II IN adjusting
the water rgh in front would obviously work injustice
1i. und rsiand is the practical construction given to
dc aci by the Commissioners OF ne Land once ana me
one lat has been followed since the power was conferred
as fer as known, which as far back as 1901 lV X
and T. Ed Laws 2e9) Indeed, we do not perceive how
he terms ana int non Of the lew can be carried into ei
feet upon any other construction
Which VIII require the most careful and delb
crate invostgIton Is whether or not the erection
# the docks and wharves in question VIII nor
have the eject if constructed in front OF the deeni
ants lend with grant in conformity 70 the rile we nave
stated to obstruc the navigation of the river in front OF
the Navy Yard and thereby embaras not destroy me
free access 70 and from the same to tho ships and
vessels Of the United States and hus render compare
lively useless the immense expenditure cl me o2Ner
men at this place for the public interest This il aese
in the bin and denied in the but question OF
such mag niiude and public imporanco-so Ia at least a.
concerns this Great national ostablishmentge think the
Gondan. should be resfra ned from enteg upon the con
snuton of docks and whaIvcs IN the river under tlt
grant until there is AN opportunity ior i"l ana o'o"s"
| inv gaiion oi he subject
There are some minor questions in the which were
discussed The argument but its not material to nou
them On this preliminary motion
The two questions we have aheady referred to involve
in tbs case sufficient TO require the interference oil til
Court this stage OF proceedings and we shall here
direct an Injunction 10 be issued euioinng the defend
ant from the en-, cton Of docks wharf in pursuance
the grant, according 10 the prayer OF the bill
G COLLISION CASE.
IT, cana % - -n the oeI Raw Se re bis
uct held that must beer oaeAaf Of tie loss
Gcdab Ven and o'he The Steamboat Bay State.
i. This case should have been decided at much earle
dav, but after htaring the very able arguments OF th
counsel for The respective gSre. fen the' Il involve
deserved th,r fore the most careful ana debt crate cOsl
elati,n | admt also hat folt NOR, doubt and ember
rossmout on the arsumt as &c the SIDE upon which tn
merits Of the lay ami hence desired to LOOK NOR
critic ally into the facts Than now do after more ihoroggl
' examination The d;culIy M mind lsbor'd under
settling the II The in determining the fore
and eject be given to them for have rarely met witt
case of the cGs. where the material facts upon which
| must ultimately turn werc les contradictory
II art Cd IA respects the weather that the fog wa
vcssel could not have been seen further thar
from ne to two hundred feet that there nearly,
not absolutely calm that the schooner lay helpless
the waters the sound four or five miles IRON Con
nesttut shore OF Watch Hill Light that the Bay Stat
WIS COMING d. WI the Sound at the rate of sixteen of seven
tee m the hour ~ en- the collision occurrod and tina
the place Wherc happened rather the waters IN whlc
happened. fTeqUened b., vessels engaged IN IN
coa.tc trade of the Eastern States and with the Git
of New ork ana other ports upon the North River EN-
braoiug also from this case the coal trade VIII
the s.ae of fenny yania, the whole trade through TN
Soy nj of iuconsdorable magnitude ana importance
| These are facts unOsputed.
New agree that l. not fer he Court to lay down an
xed aid uhexibe rue in respect 10 the rate OF speed
osn N.ssel navs atng these waters That mast depen
UpOI circumstances as the appear ana are presented Il
lis cons Iteration n each partCua case These may war
I iant q rais deemed prudent CATION q. orc time ina
> nish. Re oily inS.ihab0 81 another Sui MAX
my seN that in a circlusanced thc present IS
, TO- s. dense that the most ant and cNpecncod iooh
tt ~ be unable 10 dVscry vessel al distance
rs tan - u 20 yards vigalins a. the time in water
,Qutnitd with sailing 'ss engaged IN me commerce
n ~. country in the p-s instance rate OF 10 or
miles hour i altogether nadn~slble as prudent
,as,n .bly sa1 aNgrton The pilot sass would TAX
, i,,m .ou FIVE minutes 20 stop the hey state at 10
tate Of speed A. reduced rsio Of conrs would r,qui.
Exceptionally IS period oi time This IN ADDITION to ~
bli;lr oyctU4iy ivr each yeSsci 20 make TIE proper N
n,averS 20 avoid the collision. affords strO0g ground II
nres c anon those nayigg gthcse ves sthe neeeSsii
a. cnns their speed IN thck weather md in trac
sLtTe other water craft usually 10 be TOT a. nS.c'
ser Dn board The BAY State who witnessed the collision
en- o. have been struck with the improperly OF her RAJ
. e speed tho time and asked Why they ran so tt IN
TO- md was answered that they had to do so in order
keep ihr reck nDg in going rom place to Place anu
n am from the rot and others Of tie officers IN;
they neyo- make any difference in the rate OF speed
% ccutaQueL.e # a fog that they 80 slow when m->n
lard Hight or in naros passages or IN sodna the e
III nIlv precaltiou bound TO observe