The New York herald., 1869-04-28

Riparian Rights-An Important lawsuit in
Prospective-A Higli-handed Proceeding
Excitement the Banks Of the Passaic.
The western bank Of the beautiful Passaic river
at point little this side Of Mount Pleasant Gene
terv, within the limits of the city OF Newark, N. J
was the scene yesterday forenoon OF considerable
excitement, which, 1t was feared, would
lead to results OF a more serious character.
There was very near being a personal con.
nct between the cue players OF the Erie
Railway and those Of the property owners
along the shore OF the river named. or course the
public are already aware that the Erie Railway Com
pany have bought out the Newark and Paterso n
Railroad Company the line OF which has been in
process OF building for some years past. In the
charter granted the original corporat0rs 1t pro-
vded that due respect should be paid by the CON-
pany TO the property Of private persons and when
no agreement could be made with them for the pur-
chase OF property the matter to be placed in the
hands of q commission In the usual manner. At the
inception OF the work on the new road, while yet
1t was in the hands Of the original company,
these stipulations were observed and carried out
to the letter. but appears since the adven of Erie
as proprietor OF the road this sort OF thing has
changed wonderfully. At least 1t would appear 80
Gated. Here for 500 feet, from the cemetery down,
the property Is owned by Alderman Frederick
Stevens and Nr. William NJ. Force The latter gen.
river front. The line OF the Newark ana Paterson
Railroad as proposed, runs along the shore twenty
five feet on either sle OF low water mg2. Fronting
his property Mr. Stevens had an old dock which
he bought recently with the, property and this
he commenced to repair wlthih day for OBJ
viOns reasons The Fiskites had already encroacned
on what he considered his property to the extent OF
about twenty feet and had driven there the neces-
sary number OF plies. week ago Mr. stevens and
the other property owners were granted tempo.
rary Injunction and the Erie folks TOOK rest me
declined to grant perpetual injunction, and 1t will
take some six weeks before the courts can make
yesterday morning, between eight and nine clock,
the invading hosts of Erie to the number OF about
200 strong dropoed down the river in tugboat and
schooner and brought up opposite Force and Ste,
Pruyn, engineer OF Erie. and Mr. r. b. CatherwoOd,
the contractor the Fisk at proceeded to take
possession or Alderman Stevens water front. They
commencei by hitching fast the ugbOat to the pi
OF the wharf and ''snakng" them out one by one,
and then letting the tmbers nOat adrift. Perceiv-
ing disposition on the part Of Stevens
stituted, besides using as alleged, threatening Ian
guage to the Alderman's men, The Ereites then
procured two pile drivers ana commenced driving
their own as fast as they dragged the Aderman's
out. AS the force OF men opposed to them was only
about thirty they proceeded without any mOlesta-
ton and dehed Mr.. stevens. who commanded them
the consequent excitement between the tw parties
had subsidized, the Erie men were placed within call
on board the schooner to await any emergency while
the pile driving was prosecuted. The invaders
claim that, under the new RIPARIAN laws, they
have perfect right to the shore line between high
and low water marks, while the entire property
owners along the line Of the opposite opinion and
declare they can and will put as much legal steam
on as the Erie COMPANY. Legal proceedings have
already been commenced and as this Il a test
case as to the riparian question much interest and
Importance attached to the issue. Mr. Force has
commenced building q stone wharf In front OF his
property as FAR out as low water mark.