New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-05-31
STATE o.. cIYY-KADE LANDS.
To The Editor Of The NJ y 7yfbsSe.

To The Editor Of The ~ r. Trfbs~s
SIR: You cannot have gwen it seems TO me, your
usual consideration to the statutes cited by you u
yesterday issue az proving that all the lands, moe
or to be made in the Hudson and East Rivers, belong
10 the ciy-whether the same extend beyond the
Montgomerie grant, or not. II your construction ~
right it woud follow that the city could hD up INTO
the Hudson River land extending even TO the jersey
shore; and the moment it had done 20, the same by
virne Of the laws you cite would become vested 10
the city. SO also, in the East River TO the Long
Island coast. This would be trareliag title, at the
option of the city.
When you come, my good SIR to open your eyes,
and ook at these laws, think you will agree with
me that the construction given them in your leader OF
the 10Th nft. will not stand Moment even by the AID
of your powerful hand.
You ask if there is "a shadow Of ground for the
claim Of the State TO any portion Of the made lands
of the city," and found your question upon, first,
the law Of April 2, 1903, which authorizes The Mayor
&c of the CITY 10 "pass such bylaws aud ordinances
for causing all such lots Of ground On ne sGtd ey
adjoining TO iudsons River, or TO the East RIVER or
"the Sound. az they may from time to time, tnk
"prorer to be filed up with %holes0t@e eGnm O.,
sav YOU in effect, the citys ofal and dumpmgsJ,
other solid materials, so far INTO ne sad rirers re-
"snectfrely AZ they SHALL from time 10 time deem ex
"pe dent for Dromoting the heath Of tie sad CITY
"and for compelling The propr'etors 81 such Ioss "
"make suitable bulkheads on adjoining or opposite
to such iots," &c.
Tbese "Ios" of course refer TO lots surveyed, laid
out, and boundaries fixed; else, they are not lots.
The authority here given IL, under the seeuoh sa-
hoTizng the filing of sunken lot, within the bound
of the ely for the protection OF the public edth ina
is the object There hundreds Of sunken lots hlied
up every year by the compulsory power OF this section
ard the owners compelled 10 pay the expense do
ybody ever claim that that act transferred the TIL
OF the lots so filled from the owners 10 the city
There are also or have BEEN unheallhfu lots along
the margin of the East and North Rivers and power ~
given by this very section of the statute OF 1903 TO Ill
up those lots with wholesome earth - such extent INTO
the river as would remedy the evil. Now,
l. Does this authorize the lot to be filled up into the
river 5eyOnd the line Of the citys grant, II 20, where
can YOU stop il till it hits its head against the opposite
shore and
o If does give the right to invade the navlgabe
waters of these rivers and fill up the land of the State,
does that act work of tself transfer q ne tth from
the State to the city!
| think these questions answer themselves. The
other statute YOU cite from the consolidated act Of
Arril @ 1873 is the same word for word, with the
one Of April 2 1903 already quoted; and though u
appears in your leader to be cited as an additional
mower its reenaetment, as consolidated with the
other acts affecting the city, does not change s object,
alter its terms, enlarge its powers and scope.
Now Sir, let me reverse your question, ana ask
there il the shadow of ground for the claims OF the
city to any portion of the made lands lying outside Oh
the grants Of the Colonial Governors and Legislature
to the city p?
think not, unless it is claimed that the power con-
ferred by the Legislature, upon the city, t0FA up,
alter or amend any public SLIP" quoted IN your aro-
cle means to give an authority ill up the slips INTO
The Hudson and East Rirers beyond the eays line, as
far as the city may choose to the opposite shores
and if this power should be exercised as TO each and AL
the public slips, | do not why there IL any kgdl
mp6ssbiity in the citys filling up those rivers aho-
gether 1t might as we'll think, be commended that
statute authorizing the city to make any changes II
might deem necessary for the public health, N he 20
caty of the street known as Broadway, would confer
nouer on the CITY TO extend that street into Westches
ter County over the Highlands and 80 on to BGiao.
Yours, IEhhA rihhA-