The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-05-27
HUDSON RIVER TUNNEL.

IMPORTANT DnCIsIoN By THE CHANCELLOR OF
NEW JERsEY-RIPARrAN RIGHTS PROTECTED.
Chancellor Ruuyon, OF New Jersey, rendered . de-
csion yesterday on the motion Of the Hudson River
Tunnel Company to dissolve the injunction obtained by
the Delaware and Lackaw Railroad Company, re-
straning the former company from proceeding with
the work OF excavatng under the hudson River from
tho Jersey shore The Chancellor said that the Hud-
son Tunnel Company had right 10 its
mel IN the land Of the state without rst obtaining
sont OF the Board of Riparian Commissioners, unless
such right was conferred upon them by the act OF
March II, 1874 The general railroad law
under which the tunnel company formed provides
that corporations formed under that shall take
any land under water belonging to the State until the
consent OF the Riparian Commissioners shall FIRST DO
Obtained and those Commissioners thereby author
lied to convey the land such compensation they
themselves may fix Tho act further provides that
corporation organized under that act shall DO
authorized 70 take BY condemnation any
lands belonging to tho state. It Is clear,
then, that unless the riaht to occupy the lands
belonging to tho State was, the defendants counsel
contends that It was, granted by implication by tho
occupy them. That act recognizes the defendants
corporation under the laws OF this State and extends
the time for the completion Of their work, rs above
stated, and II does no more.
1T WAS ARGUED
on the part Of the Defendants that because that act was
passed subsequently, 70 tue kencral railroad law
and recognizes the defendants corpora
ton under the laws OF this State and gives
them time Tor the completion OF their work, tho
Legislature may be presumed have thereby given
consent OF the State to their occupation Of much
Of the lands OF the State the deendants possessed
the Legislature must have known them to occupy
1t will DO enough this point refer the decision
of the Court Of Errors In the OF Stevens The
Paterson and Newark Railroad Company, In which Il
was held that statute giving railroad company
the right lay their road along river and TO acquire
tho rights OF the shore owners VIII not be construed
give by implication the right to take the lands Of tho
state lying below tho water line The State Is never
presumed TO have parted with any part Of its property
in the absence OF conclusive proof of intention do
There Is evidence OF intention TO grant the
land OF the State to the defendants the act March
81, 1874 On tue made by tho Information the de-
PENDANTS have no right TO occupy part OF the lands
OF the State.
ATTORNEY GENERAL INSISTS
that they can obtain nonc from tho Riparian Commits
made between them and their essees from giving such
The State is entitled to protection against
the threatened injury to the reversion. That injury
consists In taking possession OF part OF the properly
and adapting II to permanent and exclusive occupation
a. part oil great work.
both Sides concludes-J cannot assume that the do
PENDANTS will be ablo TO acquire the right of way.
There Is no ground for assuming that the Riparian
Commissioners II they find themselves FREQ TO do so,
will not grant it. Tho injunction should be modified
permit tho defendants TO proceed TO condemn
against the esseeR Otherwise will stand for the
protection OF the rights of tho State The defendants
have declared their intention to proceed Immediately
with their work after the conclusion Of tho proceedings
for condemnation against the lcssecR They not hav-
ing acquired tho right do against tho State the
rights OF tho latter should be protected"