The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-08-17

acts. REQUIRE 60 ee sHmmsrity dealt with ana
severely punished How long could Qna's snnlN
! protect the community against the serious cohse-
quences OF the introduction OF contagious disease
from abroad vessels from injected ports can lee
towing around the north shore OF staten islsnd!
Aud Il one vessel can thus ,r place aS e law %or az
ariued with cer,ihca.e from an Official In no way
Responsible TO the people Of ins state may proceed
heart OF Tho CIV. 10 Is all very well for Perth Am
boy 70 relax her health laws. SO long as By 50 dong
sion or disease; but with the example OF Philadel'
Pima before ms, ana during the continuance Of the
present heated term, the danger TO be apprehended
nom any lax administration OF evasion OF the
neah laws too great to be overlooked, and IL is
manfesty our duty TO execute them i'll spite or any
canor which may DO raised by limited class Oi the
community who al this season OF the year are inter
rise up In arms against any law which may CONFLICT
with their individual or special Interests ens,,y
| Health Omcer, Port Of New FORK.
The following resolutions upon the communication
and Or. Caraoehan's reply were then adopted by
| the Board;--
Resolved, AZ the Judgment OF thus Board, 10 the
case OF appeal OF Messrs. Weston i Gray II. ID. Nor
gan &c Co., Francke & Fischer and $. +. Shorthand
Bro from the order OF the Health officer, the Health
Onlccrs order Is approved.
Resolved, That evidence that vessels or lighters
from any place whatsoever, OF any class whatever,
containing merchandise recently from Infected yes
sells places In passing through the harbOr to New
York, 1t is the duty OF the Health Olcer to dcan the
same for examination subject 10 the Quarantine laws
OF New York.
MIR. Henry w. johnson, Counsel TO the Boord sub
mitted the following opinion as to the boundary
line OF quarantine jurisdiction between New York
ana New Jersey, and as TO whether vessel secures
exemption from quarantine jurisdiction under the
laws OF New YORK, by entering the upper bay Of
New York by way OF Perth Amboy:--
Hon. RICHARD SCHEIL,
President Board OF Commissioners Of Quaran-
tne:-
SIR am in receipt OF the following resolution
l SGanh " VI Ina M mol
Resolved, That the of be-
by directed to furnish with his opinion, writing to
secure sxsmgo from quarantine jurisdiction by going to
then 10 New Yok or Brooklyn and also az 10 what
the boundary line of quarantine jurisdiction between New
The answer to be given to the second branch Of
This resolution. Will serve to some extent, as an
answer to the first, and Will, therefore consider
the second Inquiry lrst.
The boundary line OF quarantine Jurisdiction be-
tween the States OF New YorS ana New Jersey was
distinctly defined IN agreement entered into be-
tween them, in 1884, for the purpose OF settling
controversy which had for some time existed re-
spccting the territorial boundary and certain qnes
tons of jurisdiction between the two States
DAVIS OF 1874, page eight, This agreement has
tine laws OF this State must therefore be construed
with reference 10 it, Hence reference to the terms
OF thus agreement viii furnish an answer 10 the In
qdiry under considerations The hrst article OF The
agreement defined The TERRITORIAL boundary between
the two states, and was III The following words:-
The boundary line the s.ates of New York
river opposite Tie point on the west shore thereof tue
and MARKED to the nam .sa shall BE- the middle Of he sad
% Iy Of sw s q a1 hs waters sy Ss staten
except hereinafter otherwise particularly mentioned
The exceptions referred to in this article relate to
quarantine jurisdiction, the regulation OF fisheries,
the service OF criminal process aud the rights or
property IN che land under water.
1t is only material to the present inquiry to notice
that which relates TO quarantine jurisdiction, Ths
was defined in tle third, fourth and fifth articles Of
the agreement.
OF New York should have and ENJOY exclusive juris
dctlon OF and over all the waters Of the bay Of New
river lying west of Manhattan island and to the
south of the mouth OF Spuyten Duyvll creek, and OF
the low water marx on the westerly Or New jersey
side thereof, subject TO certain rights of property
and jursltction OF the state OF New Jersey, among
| which was the following, rs set forth IN that
artcle:-
The ofNsw Jersey shall exclusive jurisdiction
to be made on the shores Of the said ana Of and
or except That said vessel. be
& M or nsh a%s sna LAVE Da RELATION 10 s
siter be passed. '
by the fourth article 1t was provided that the State
OF New York should have exclusive quarantine urls
dctlon OF and all The waters OF the Xii
Kull between staten Island and New Jersey, to The
weslernmOst end OF Shooters Island; and also over
the waters OF the Sound, from SAID Island to the
mouth OF Woodbridge creek as to ali vessels bound
to any port in toe State OF New York.
By the 9Th article 1t was declared that the State
OF New Jersey should have and enjoy exclusive urs-
tween Staten island ana New Jersey lying south OF
Woodbridge creek, and OF and over all the waters OF
tartan pay lying Westward 40 OF lhe arawn from
creek, SUBJECT TO the right OF property OF the State
Of New York In the lands under wafer between the
middle Of said waters and Staten Island, and SUBJ
ect to the jurisdiction of SAID state over the wharve
and docks on the shores OF Staten Island, and over
vessels aground on said shores or fastened TO said
! docks and wharves, provided, however, that such
vessels to be subject to the quarantine laws Of
From this statement Of the provisions of this ayree
ment 1t Will be seen that the territorial boundary be-
tween the two states Is on a line commencing IN the
| middle OF The Hudson river at the fOrtyhrst degree
OF north latitude, and extending from thence along
| tue middle OF said river, the middle OF the bay OF
| New York, the middle Of the Xii Won KulI and
! Rarltan pay, to the main sea- and that the
state OF New YORK has exclusive quarantine urls
! dictiOn over all the waters between the shores
OF the two States on each side OF this llne except
that portion OF the waters lying south of the mouth
| OF Woodbridge creek and west Of line drawn from
the lighthouse at Princes bay to the mouth OF the
| Mattewan creek, and except THAT her jurisdiction
| weaternmost end of Shooters Island and Wood
bridge creek Is confined TO vessels bound to some
rolial and quarantine jurisdiction may be easily
traced on any map Of tue harbor, ana from an eX-
animation OF them 1t Will be seen that the eastern
boundary line Of the quarantine jurisdiction OF the
State Of New Jersey crosses Rariian bay IN nearly
shore OF NewJersey. All the waters Of Raritan bay
lying east of this line, as well as the waters oil the
t Of the STATE Of YORK.
From the answer above given to the question as to
what is the boundary line OF quarantine jurisdiction
between New York and New Jersey 1t VIII be sc en-
tlat the moment vessel passes the point OF Sandy
| HOOK when coming in from sea she enters the
waters which subject to the quarantine jurisdic-
ton OF this state. Hence, such vessel cam pro.
coed 10 Perth Amboy from the main = without
passing through these waters Yet thiaku cannot
| be claimed that. IL she is IN fact and IN sood alth
bound to that port her final place o. destination,
! she is bound TO stop and submit = The quarantine
laws and regulations OF THIS state. Our laws were
not designed to reach vessels Of that class, any more
than the laws OF New Jersey designed 10 reach
vessels destined for the port OF New York. But II
vessel passes Sandy Hook destined for this port she
I cannot secure exemption from the operation or our
! quarantine laws by reaching her destination by
way OF Perth Amboy. The moment she enters
the harbOr rom the main sea she becomes
subject 10 quarantine jurisdiction. She
can throw OF this jurisdiction only IN one
| mode, and that Is by going again out to sea.
Tnis our laws permit her to do before she breaks