Herald of the times. [volume] (Newport, R.I.) 1849-1856, 1855-08-23
Gravelly Point be and the same Is hereby

transferred to the Trustees of the Long
Wharf Hotel and Public School Lottery for
the purposes contemplated in their Act Of
/ Incorporation on Condition OF their Rebuild
ing the same, and keeping it in Repair
agreeably to the Original Grant to the Pro-
| prietors OF the Long Wharf"
Whether the Town can be justified in
dspossessing the Pr'prietors of an estate
that they had held in fee simple no ma ter
\ what was provocation, without any legal
\ proceedings prior to their act know not
However. on Jnne lllh, 1898, fifty-seven
\ years since, they did declare, rs the above
record shows, the western section of the
1 wharf vacant because, as it reads, it was
"forf .ited." They, supposingthe Trustees to
! be legal body, ceded it to them. But the
Proprietors had given no right in the.premi-
ses TO any one nor had the Town previ.
ously to this meeting; and yet The Trustees
had then held the doings Of the Legislature
concerning this wharf in their favor for
three years. And the town in April 1891
when the Proprietors refused to pay an out.
lay of $3.50 by the town, on the eastern
part of the wharf, released them from the
obligation, on the ground that the income
of the wharf had been taken from them by
the act of June, 1898, and the road had
become as much lhoroughfare as any 9TH
H er in the Town. Nor can some, even now,
see any justice in the Proprietors retain
Il ing the road with its liabilities, for why
should they be responsible for damages that
accrue on this, any more than on any other
highway OF the city? And surely the city
h is competent to manage it, il surrendered.
But the town did not apprehend the powers
\ given to the Trustees by the Legislature.
They were never, as has been shown,
corporate body I; and more, so far as | can
i ascertain, the Town failed to deed the west.
II ern part of the wharf to them. And if 30
i it remains the property OF the city this day
in fee simple. Moreover, SO far as the
/ possession of the property be concerned, as
H the Town granted the wharf in 1889, has
the Legislature had any control over it, Ell
ther then, or now for the law of 1907 has
never been repealed, and under which The
City Council continue to grant aud control.
II The Trustees saw their embarrassment
in 1903, and hence at the February Sc: sion
OF the General Assembly at Bristol, Page
4, Schedule 1904 they pettloned for
authority in 4 certain cuse 10 act in legal
form and obtained the following action:
| viz. "Voted and Resoly,d, That the
/ Treasurer of the Trustees of the Newport
Long Wharf hotel and public school, be and
he hereby is authorized and empowered TO
convey by Deed OF Bargain and sale, to the
Il purchaser or Purchasers of the Building
Lots on the North side of the Long Wharf in
4 Newport all the right, title, and interest
which said Trustees had, or may have, in
the said Lots at the tine of sale" But
what righ, had they in that wharf TO con-
II Wy? They never had any i n fee simplrss
can learn, in the premises; for upon the
records it Is yet standing in the name ol
II The Proprictors, Town Records, b. 2, Pages
4 +2S-34, unless the revokement by the
Town Jane IL, 1898 be legal, in which
event, it is in the name of the city for the
\ possession by the Trustees can never run
\ against the public. The Trustees did no.
warrant the sales of 1903, to any pur has
ers against the claims of any persons, but
themselves; (surely not against the Pro-
| pretors) and they conveyed no more than
Il their own interest, but what was thai
Had they any Assigns provided for? How
then could they either then, or now sell
i In 1929, on Petition, the General As
sembly passed an act, making it penal
\ offence for any other than Steamboat yes.
sci 10 land at the head of the Long Wharf,
or in any way to interfere with steam navi.
Il cation at this wharf and also in l8i7, an
other act for dol lphn, with penalty to
H each in case either was disturbed, one half
Ii W 70 10 tHe oldlc, anu lIle OUtT Huii W tnc
\ Trustees but il the town granted the
Long Wharf in 1899 if it now has the
control of the waters of Newport; if in the
original grant there was special provision
made for the larding of our commercial
vessels; if the stores were erected with
this end in view; if the Long Wharf il
under the jurisdiction of the city, and not
of the Legislature and if the original in
II tenion OF the wharf has not been changed
either by the Proprietors, or the Town -
then is the legality of all such acts open
for adjudication.
i In my history of the Long Wharf, rev.
eral other public acts have been obtained,
which will appear hereafter. With the
practical question, Whether the Long
II Wharf has not been as well cared for un-
der the Trustees, as it would have been
under the city (not that doubt the abiIi-
iy OF the Caly Council to take into their
custody this half mile street, this terminus
Of the Parade, properly the City Whlu)
have nothing to do. And il the Trustees
/ have exceeded their legal boundaries, tho
money they have expended upon the wlaIf
III ha. k.,, Ia a,r,;n,s 80 tho ,uh,rF opb