The New York herald., 1867-04-04
SUPREME ceuRI-GfSegll TssM.

The Ot SstrmctiOns and fnfrin9ements on New
York Bay-The New jersey Central Raii-
road ssHpasy's Piers--The state Appeals
from I he Judgment.
Before Judges Leonard, Ingraham and Sutherland.
ne Pep eofAe Stale Of NEG Yor, appellants "a he
Nxc Jeney Central Railroad s6mpany, Respondens
This case, CO scernng which much interest
tested during the OF 1866, before this
yesterday, an appeal from the Judgment for the do
fendant on d, nurrer 20 the plaintiffs complaint
sercd by Mr. j. e1ce Potter at the june Special Term or
lscd
On behalf OF Ii people OF the State OF New York is
represented by Nr. Attorney General Martndale that
she defendants h entered the bay Of New York and
Hudson river OBJ oste the southern extremity OF the
sors,rue,ed there, y = irsstlework ,niruding into
che bay about sse mile have lald q rail-
Des around an area u about eight hundred
serinason OF restle work have filed 10 portions
YORK and elevated then made ground above the waters
sf the bay injecting ~ air throughout that space i'm
s:sa a.. q
senssnt authority Of the people Of the state sad as
1:: ': e. s s
ss.ps.s o. pubic ishs. properly and !: such may
!. eosssSsd . V situated land property right Of
whch svssssd In the tai,S New Jersey; but although
b esirsd insa there God thereto right
cuds citizens Of the United States, and Of the State OF
ssssrnsnts and anavigaoa right which pertain the
bays and puhAc waters OF the United States
s thus appears public nuisance exists by the act
81 The dsfsndanfs cognisabie and vable by State
cou Of equity ssd the remaining question q whether
sua .uy Of The people Of hi: s. Is
sucent give iarisdicton an 90 compess the state
.sns Of aesese Of ss.on rhs right o. New Jersey % Is
applied 10 States desc,bes the sbute Of sovereignty
s. expressly separated from ssr night o. properly and
uon being the attribute and dedniton OF sovereignty
State includes all 20 wer and rights other than the
Uon' rsesher hsd % by SUI or citizen Il Was
oeded in the court below thai the police Jurisdicuon
ssss 70 New YORK By nsc Tss i s
TOE defence. The commea cih necessities oi New
ISrf demanded that sha should give som"i.nsa law sa
ef destructive 70 the bay in ms,erai degree How
car be shown that the rights New York, included
IN these commercial interests ct nnected WITH the use
and government, OF the bay are OF invaded when por
ncu Of the bay mile w extent navgabie Tor vessels o.
three hundred tons burthen, closed Win Pes anu
aebarred from mercia use an control. and juris
siction ny New Ysrss \
contend nst appears hy the campl ain, that this court
has jurisdcton of the DEFENDANTS: that there
objections TO the maintenance Of this under
Ahe allegations contained in the present complaint It's
stated that the work cemplane., Of has been
s.sde ground ls slled in; that the railroad s,ruc-
surc 6uik, and the traina &c, running The plaintiff
ave wears acauiescsnoe in ihe ACT compsi o. a.
though the sslutes OF limitations 10 not bar the claim
rules Of court or equity on me supleo OF scqu
secsuce and equitable esoppel resulting therefron,
spplv 10 the STATE when cemss into court o equity,
- fully AZ ahose rifles apply - isAsduaL The allie
sasons of the complaint Involve the e0ncessoAs that
shs premises are wifhin the bcundMies % New Asrsey
Ahst tbev Arc within the property ef New Jafsey;
ssss they sdjon properly used and oceupied BY the
Hopne Canal ane Banking Cempsby: s". .ons. N.Y.
ssssaee tAss New Jersey has built and may bu,Aa
~hayvss Tor she purposes ct ccmmerce as6 ssa' sns
nay buaa wharves 70 rsccgnzsd wharf line. y =
ss svsrred that defendants pycJect shcir
hsysnd that line The practical question ihen s.-has
SAs ctate Of New Jersey the right 70 make Nnhr'cs
Docks and other improvements along the veseny SOS
- tss Hudson river and Bag Of New YORK, below
bD~ytsu Duyyii hes thae StAse, ~ volonsy
nssky wu~ Nsv York, survendersa thss rightly New
ysvssy hevirG tns --~nsys right Of property In the
ysnA sahs- - - ~---- .sciusvs ipr sdictiop ever