New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-06-09
THE STATE rs. THE CITY-AADE LANDS

A little more modesty might perhaps have led
"Terra Firma" to conclude that if anything in his
communication of Nay 81 was not replied or referred
TO- it was not that it was admitted unanswer-
able hut because it was not deemed worthy Of reply
or not material to the question Terra Firma' is
right in supposng tina. the argument to the legal
right of the City to the made lands rests upon two
positions:
First. Tist the State has authorized the City to fill
in, sink piers, and make wharves and slips upon its
lands under water, and take the wharfage and spage
thereof.
Second, That such permission is in effect grant Of
the lands under water on which such land piers, and
slips are made.
The first position was first suggested by "Tsra
Fma's" question in his first ommuDication-Wh Whether
the right to fiji out lots aud clips gave the City the
right 10 90 beyond her wster.grantl (Which it was
replied: that the right TO Gil slips, sink PIERS &c., be-
yond the exterior streets of the CRY which are con-
sructed on the outer line of the city grants necessarily
gave the right to make slips, &C., beyond the city
grant. To which Terra Firma," in bis second COM
munication in The TRIBUNE Of the 9th, announces, in
substance that the law of lsc3 which gives the City
the right TO fill up alter, amend any public slip"
Goes not give the City the rghtto 60 beyond hergraut.
This does not meet my position. Admitting (which
do not that the law Of 1903 does not authorize the City
to 90 beyond the exterior strees the law Of 1898,
which Rad in view, does expressly. The assertion
of "Terra Firma" that the law of 1903 authorizing
tie City "to gu up, alter, amend ANY public slip
applied TO slips within the exterior streets Of the City,
may or may not be true but it amounts to nothing I'M
til it IL shown that it applies to no other.
To show how full and ample IL this power given TO
the City to build wharves and clips at it's discretion, as
to size and locality, viii quote at large the preamble
ard fret section of the Act of April 1906 Let it be
observed that this law was passed eight years after the
Plan of laying down two exterior streets, one on each
river on the outer line of the city grants was adopted
and that il relates 70 slips and piers hereafter TO be
made OF course they must be made beyond the city
grams:
Whereas frsm the great extension and increase Of
the City, it's trade, and inhabitants, it has become ne
cessary provide additional wharves, piers slps,
and basins in the said City for the accommodation and
safely Of vessels of different descriptions; now, there
fore,
Il. BE Il enacted BY the people, &C., that it shall
and nav he lawful for the said Mayor Aldermen, and
COmmODaiy, at their expense, TO cause piers to
be sunk and completed in such places and manner rs
they shall think eligible, between the Whitehall clip
and the side Of the Exchange Slip in the said City,
so ne TO form basin for the safety aud accommodation
and also at their own expense TO cause such and so
mary other basins to be formed and completed tn the
sad CITY as Aey may deem necessary for tie trade
Mereot, and 10 take TO their otcA tie sipage and
wharfage arising from the same"
As to that branch Of the first proposition which az
that the State has granted 10 the City the right to
make piers, wharves and slips beyond their grants
this act and the act Of 1888 giving the right to run
ont piers at right angles 10 the exterior streets, are
deemed conclusive.
TIE other branch Of the proposition which claims
for the City under the authority of the State the right
10 III out beyond their grant, reefs, first, upon the au
thoriy given by the of 1873 to hi Out lots fronting
ON m. North and East Rivers, which are necessarily
outide the exterior streets far into sad rivers as
NAV be- deemed expedent for promoting the health OF
IN. CITY; and, second, upon the unlimited power Of
filing M slips given to it by the 23G and 267 sections
If the act Of 1913 IT. Us have shown, the State has
eyen to the City the right 10 make slips beyond It's
Grant and 10y the 267 section of the act of 1913 gives
20 the City the unrestricted power Ito fill up, alter,
and amend all public alps" it would seem to follow
that the City bas the PERMISSION OF the State to fill out
hey ond il grant The three acts therefore, of l79s,
1906, and 1913, and warrant the whole Of the
hst proposiiion-that the State has authorized the
City 10 fill in, sink piers and make whsrves and slips
upon ts land under water aud take the wharfage aud
sliIage thereof.
In reply TO the second proposton-that such per-
miffion transfers the legal title" Terra Frma offers
argument whatever. He cites dictum of the Su.
rrtme Count which is no authority, and emily entitled
to re'rcct, as we are informed from whom it comes,
and under what circumstances Of all which in this case
we are left in ignorance. He seems TO be befogged
by soinc technical notions about passing fee of
land. Perhaps it may help him out Of bis difficulty to