The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-11-22
IMPORTANT TO sHIpoWMERs.
Alleged Obstruction OF Navigation In the
East River-Injunction Granted.
UNITED STATES CIRCUIT COURT.

UNITED STATES CIRCUIT COURT.
Nov. 2l-United States u.s. Henry RuggIes.-NxlsoN,
1.-The bill is fled by the government in this case, to
the defendant from obstructng the free navga
ton Of the East river and thereby seriously interfering
with ngress egress to and from their Navy Yard at
Brooklyn The government purchased the site Of the
yard on tha East river, and obtained from the State
cesson Of the jurisdiction sixty years ago. and have
since expended upon millions of dollars said amount
TO i've Millions in erections and improv In hitting
II FOR the uses and purposes for which the purchase was
made The defendant Is the owner Of lot OF land
also upon the river, and has procured rom
the Commissioners Of the Land ONCE OF the
State deed Of the land In front, covered with
water extending into the river between six ana seven
hundred feet The boundary line Of the parties Is not at
right angle with the thread of the river but strikes the
shore In obque direction The general course of the
river this place nearly and west and the course
OF the boundary line, and which is extended into the
river north forty two degrees and thirty minutes east
the effect of which is to carry the line thus extended into
the water part of the water frontage Of the Navy
Yard-which, as claimed, when the docks erected,
contemplated by the defendant will interfere with the
free ngress and egess Of vessels and otherwise seriously
impair the use OF the yard, and will also have the
effect to alter the channel Of the river, and Of the
waters Of the Wallabout Bay by the deposits OF silt
and sand, and render to tho yard difficult and
hazardous. The grant to the defendant by the
Commissioners was made under an act Of tho State,
passed April TO- 1850 which authorized them to grant land
under waters OF navgabe rivers and akos they may
deem necessary to promote the commerce OF the STATE or
adjacent owner "Dut such grantshal be made TO any
person other than the proprietor Of the adjacent lands
and any such grant that shall be made to any
other person shall be void" In judgment
the true construction Of this statute is, that the
grant Of the water lots, authorized to be made to
the adjacent proprietor Of the land must be confined TO
line starting at the intersection with the shore, and ex
tending at right angle with the thread OF the stream,
at right angle into the lake, without any
regard 10 the direction Of tho line upon
the land. 1t is apparent that this is the only
construction upon which the intent and purpose Of
the statute bo carried into effect The in hand
illustrates the practical difficulty attending any other
construction. The government well the defendant,
Is an adjacent prop etor within the meaning Of the sta
tute and entitled to the grant Of water lots in 'front.'
express terms. And yet the grant to the defendant II
allowed has already appropriated considerable portion
of this very water frontage We shall therefore, restrain
the defendant from erecting his dock upon any portion of
tho water lots granted lying east OF line drawn from the
intersection Of his eastern line with the shore,
above explained. And even with this modification we
shall not at present interfere with the preliminary
Injunction, inasmuch as We are not sufficiently
advised from the proofs In the that,
with the line drawn in conformity with the
true meaning Of the statute above given, and
the docks to be erected confined to the remaining portion
OF the grant the effect would not be TO seriously interfere
with the fair and full enjoyment Of the rights and priv
legcs belonging to the propretors of the
Navy Yard The large amour: OF money expended in its
Importance and USE and the danger Of mperlng them,
lead to caution and hesitation upon question involving
all these considerations mistake might result pub
lie calamity. Before therefore, shall interfere with
the preliminary injunction heretofore granted the case
must before Master pro hyc rice which we shall an
point to inquire into the effect OF the BIO erected
with notifications stated upon the free ingess
and egress of vessels to and from the Navy Yard.