New-York daily tribune., 1859-07-29
THE WEST WASHINGTON MARKET
PROPERTY

To ne Editor Of TIE n. y 1rtsrre
SIR: La reading the opinion OF Judge Roosevelt IN
the case Of the State against the City for the posses
sion Of Wet Washington Market, aud the remarks
thereon il has seemed to me that concise statement
Of facts relating to the title and income OF that prop
eiiy might now be in place. The grants to the City,
If s water rights began with ts first charters from
the Crown of Great Britain The first was the grant
OF land between high and low water mark around this
Islanc; the next was graft OF 400 feet beyond low
water mark from the Battery to Charlton street on
The west side and from the Battery to Corears Hook
on the east. The graft Oh the west sde at asnpg-
ton Market carried the exterior line to the center o
"Old Washington Market, as shown on Ratzas Map
made by Roy al authority, the original OF which Is now
in eAistence-copes of which are IN the early manuals
Of M Valentine. After the Revolution, the State OF
course held the sovereign right. The Com non Coun-
Gil in 9J petiiioLed the State that az the Ee of oo
feet from low water mark Irregular aud incon-
verient, they might be permitted to lay out West
street as the permanent exterior line OF the City the
vest this was granted by the State unde that grant
West street was laid out public highway, as at
present located No other grant TO the City has ever
been made at this locality. This grant and the laying
out of West street fixed the western boundary just as
deed fxes the boundary OF lot, Questions have isen
Indicated by the Superior Cout and Court Of Appeals.
Judge Hoffman Of the Superior Count, in the case o.
Mott airst TbayeI decided that the preempye right
extended only TO the line of the grant that had then
been made by the State TIE Court Of Appeals in the
ca,e of Gould against the Hudson River Railroad
Company decided that ~ the Crown, or the people OF
"tte STATE succeeding to the rights OF the Gown, are
"the absolute owners Uthe soil under water ot all nay-
"pabe s,resm where the tide ebbs and flows from high
"yb,er marx; and a. such owners have the night to
grant and sell the same without reference 70 the owner
"of the adjacent upGnt; and that the grantee OF the
Crown or State build upon or improve the laud so
,ated 30 as Ia cut Cti tue OF the upland from
" all access to the water iSee ID SeRien, 3e2)
propose here To cite another opinion, that have no
doutt Judge Roosevelt will coLsider ot mnch higher
authority than either cf the above aud which concurs
in the opinion Of Judge Hoffman and the Cour. OF Ap
peals but which Judge Roosevelt reversed IN the
Wet Washington Market case. 1t Is that OF Judge
Roosevelt hniself in the I0@ber case. Lowber hai
sold the city parcel If land between Sixteenth and
Seventeenth streets, the East River, two thirds OF
which al msce from land under water without grant
from the State his deed had been refused on tue kiouu
Of lack of title; he had sued the city; and in Judge
RooseNelts opii ion, lie uses these TO blm itVortc
remarks: "A Judgment had been entered ny lby col
hsion, Is alleged IN the records oL the CDor on
"tbe report of the referee, for about SVotDO whch
iuGpInent il was sought to set sside. IL was upon
tins very te tuat Judge Holman made the decision
above referred to- which decision Jdsge Roosevelt
Iefenedto and approves ana on "hieh LIE openeu lns
euupd that where grant /. not made by the state,
The owner Of the upland obtains no preemptlon night
This decision made by tbe superior Court, the cor
r.cuess Cf it, Lrlncipes aImed BY the Court oi Ap-
uepls and higher stil approved by Judge Roosevelt,
- At once attempted be overturned and reversed oy
JUDGE Roosevelt in his West Washington Market de
cision This reversal OF his former decision seems singu
lar. Did he nd ciec to some new principles Oi PR
,On4l law Notwithstanding the decision oil Judge
Roosevelt the Court Of Appeals, which, by the Con-
stitution is made the higher authority, na, III us de-
cjson above referred TO- established the title oi the State
TO any ana all lands -ituated a. the West Washington
Market lands are Therefore, ell grants oi the
Crown and State, heretoioIe made stop al Yves street,
and a. West Washington Market Is entirely west oi
Vest street the title to West Washington Market be-
ing settled as It'll, IN the State, the State has the right
.u ~ art this land towhomssever the State may please
| TIE ide. that a. the Corporation have caused the
l.pd Of West Washington Market 10 be tiled III gives
ttlc 10 the Corporation Is SIMPLY absurd Inc hiilS I'D
places tie CORPORATION the position Of rcsPasses on
tie land Of the State auc then attempting to take a
vantage Ct its NIong IL claipg o*neish 10 Tue
land ii had trcspassed upon. The city was wei pau
for permitting ihis trcspass, having received sooJ Tor
the priyileee of filling IN this space. IL IL now dfy
lana not land under water and is the property OF the
State and is improved and not appropriated by the
State II therefore ds 10 the hands vi the Commis-
sioneTs OF the Land Office any other improved,
! upapIropristed land Owned By the State.
Lei us zee the POI Ser OF the Land Commissioners 10
such eases. The Revised Statutes vol l., chap,er i1
title ,, art Sec :, dehhrg the powers oi the 'on
| nissioners CT the Land Office, say:
"The Commissioners Of tie Lard Ofe may from % 'ime
lease. for t,rus eScc-ns yi zrd auth the same caa Dc
them. AID which NIe 10, aPp0pEiIed - aHy e
use"
They exercised this power ard made their lease to
Nessrr 1a,or \ Brennan. la dong thus they hs'e not
rrru.cspded their power and the lease Is good one
ard the learr ed Juds had examined The nuiholer
he would have found tha. the statute OF Cnamperty
| does not apply 10 tie state. ,:.l
In relation 10 the consideration of that lease, which
: for a. OU0 per srnum. haye before me the Coo
trc' Report IF the finances of this city thc year
precedI the lease by the Commissioners Of TIC Land
,ice to Tsyor n Brennan. and also the rent roA oi
Old Washington Market, e. collected that year ana
/ ,pey are the only means Of showing the income oi
/ W.st Washington Market, as both Oh and Nes'
Washington Markets were ru'urLe together IN sin-
sum. The Controller Report, made III ~, page llV'
shows:
To,s amount received from BIT, old AM " e,: wash .,
n inssg & ,, Collected a, year raa Old w..iia.
o-o'
sl,vs. income Of Wet a,ss: TO b. iaeo os
II would therefore appear inat the Commissioner Of
! the Land Office eC..d wisely IL makts the esse 10
Tsylor & ieu1an for > go. aui # he reu OF TINS
ls.e il The establishing of theu tile IN the STATE and
IN, ircr, ase Of the il r latter Il ceraioly nss,
the CcGmi.sCHers of tie Land once VII "eA deserve
The thanks ci the pubic. Une wcrd la regard II the
ludse's assertion tia. the desut ~ remarks o eners
T the corrogstion cauEot be allowed 10 he aims
si,p oi i.e IN tie Staie These a'nhss!'ns are h"l
G,,utoiy CT uDceTtslD every slsi %. "-'el IL -
ly the city, IL defining the ~es,-rn boundary OF sn'h
rant uniformly bounds It 20 the wrst oy est IT,
beng le boundary !nc beto| the olty "a the Sio
one ether thing shouli Iaye soiieoed the rahcor
The leaIned Judge il this dscIslon It Is the rerneu
l,spce that the State mas given the city "linout con
seIaiOn al IL valuable wafer pi!'neses, ado 1h'p
10 NJ east S2rtt ,,pn AfsT --e Iuae a-saGis upot
the Sts,e by rbe leaned Juds- aod the Mayor 'n'
Stale msy well be rxo4et i Il eee.-s' 10 uiaAe an'
,Ur.ltG deGsiioGs to tie ciy JIol.N-'