The New York herald., 1866-06-15
Encroachmcnts Upon New York Ray
and the iIuG son River.

raE CENTRAL RAILROAD COMPANY OF NEW IrR-
stY~-coNFLicT OF AUTHORITY BETWEEN TWO
trEs.
SUPREME coJRT-srptAL TERN.
Before Judge Potter
Iu>s IA ne Peopfe of N, Saie cf yoo rori IS NE
teni,oi 1iroad company of Nep Jer,g This action In.
wolves some highly important questions AZ TO state
rights aud treaties The facts the case according 10
the papers Of counsel appear 10 be oliows0n the
10th OF September agreement entered into be-
tween ssioncrs appointed by the states or New
York and New Jersey regulating status and author
ties OF both corporations regards commercial inter.
course, title TO adjoining property marking bound
AIRY lines &c The third article OF this agreement reads
follows The state Of New York shall have aud enjoy
exclusive jurisdiction and over all the waters OF The
bay OF New York, and OF and an the the
Hudson lying west of Manhattan Island the
south Of the map o. Spuyten Duyyel creek and and
over the lands covered by The said waters the low
mark The westerly New Jersey side thereof
subject to the following rights Of properly o, urIsc.
ton OF the state oi New Jersey, that Is -frsi
rhe state Of New Jersey shall have tho exclusive right
property and the land under water living wet ~
the middle Of the Bay Of New York and west or tho
middle Of that part OF the Hudson river which lies bc-
tween Manhattan Island and New Jersey second Tho
state Of New Jersey shalt have exclusive jurisdiction Of
and over the wharvcs docks and improvements made on
the shore of the fid State Of and over ali vessels
aground sad shore fastened 70 ay such wharf or
dock except tha, the said shall be subject TO the
Quarantine or health laws and laws Ia relation pas
senger Of the state Of New York which now exist or
which hereafter may be passed Third. Tho State of
New York shall have exclusive ri~ht OF regulating tie
fisheries the westerly side o the middle of ihs said
waters provided that the cation no. obsrncted or
llndered
Thecompsn Of plainis goes on 70 state the, the Cen
raj Railroad Company Of New Jersey In violation OF this
aereemeni without any grant, permit authority from
plaintiffs Tor the past ns years have been nfrinriur On.
croachng aud violating Their arlsdictonal rights and
obstrucng The navigation u tho waters of said bay by
taxing possession for Their exclusive usc OF about
eight hundred OF the land aud water neYt adjoining
souihery The property used and occupied 0y the Norris
Canal and Banking Company together with o,bor prou
lying IN one body west o the middle OF the waters
OF The bay of New York aud ths Hudson river the whole
taken possession OF being included In that mart or
the territory south o the mouth Of Spuyten Duyvel
creek, which exclusive Jurisdiction given 10 main
tits by said third article of agreement Defendants arc
claimed TO have entered the hay OF New York aud Hnd
river past the souihcry extremity OF The wharyes
OF Jersey City, to have driven piles aud construct.
cd thereon tresils work INTO the hay f,r
the space OF about mile 10 have laid railroad
track such trestle work, 10 have driven piles over an
Of almost eight hundred at ts termination 10
have filled In that area with the debris OF New ynrk
and New Jersey, and lifted aud made ground above the
waters OF the bay over that area have lnefod the
air, impcde navigation aud interrupted the febercs
IL stated that the material used In filling In conesfa
of the dirt hlih and the debris of Jersey Civ and New
York, and that when westerly winds arc
aiIpg tue stencil and exhslations arc blown over
the populated parts b~ onEIng 70 plaintiffs producing dis
agreeable odors and materially Affecting the sanitary
condition of ne inhabitants
1hss substantially the complaint AZ sworn TO- To
fhseoinplans the deiendan enter demurrer Grst on