The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-10-14
A RIPARIAN LAND SUIT.
SCHOOL TRUSTEES At Law WITH A
RAILROAD MOBILIER.
some Property that IL Claimed By the Cen-
trail Railroad Of New Jersev-An AppIi-
oatien TO Prevent n sale BY Foreclosure.

some Property that IL Claimed By the Cen-
trai Railroad Of New Jersev-An AppIi-
oatten TO Prevent sale BY Foreclosure.
The case Of John Taylor Johnston agt.
the Trustees for the Support Of the Public
Schools ct al. was taken up yesterday 10 the
United States Circuit Court In Trenton. The
attorneys in the case are the Hon. +. T. Fre-
linehuysen and the Hon. Benjamin Williamson
for the complainant, Attorney General vanatta
for the Trustees OF Public Schools, aud the
Hon. I. N. McCsrter for the Hon. Asa Packer.
This is an application for an injunction to
prevent the sale by foreclosure, under a mort
gage held by tho State Board Of School Trustees,
OF certain lands formerly claimed by the Central
Railroad Company OF New Jersey and the West
Line Railroad Company. but now claimed by
John Taylor Johnston, situate In Commun ipaw
cove In Jersey City.
In 1872 the State granted certain land under
water In Communipaw cove to the New Jersey
West Line Railroad Company, and directed the
Riparian Com missioners to execute the neces-
sary deeds and name price. They did so, and
the price was Hxed at sl250OO, snd the grant was
made according to law by the Governor and Ripa-
rian Commissioners to the West Line Railroad
Company upon the payment Of $4,000 In cash,
and tho giving OF a bond to the State Board OF
School Trustees by Asa Packer In the sum Of
$4,000, and a mortgage on the land granted to
secure the bond.
The State revenues from the sale OF riparian
lands are required by law to be turned over to a
sinking fund for the support OF the public
schools which 10 under the control OF the State
Board OF Trustees. The In crest on the bond
was not paid by Asa Packer, and the trustees
consequently force osed the mortgage and ad-
vertised the property for sale. hereupon tue
compl inant, john Taylor Johnston, claimed
flsA Dutlr 81
Jersey, In 1896, had conveyed this same land to
the American Dock and improvement Comp ny (;
eonveved M ~ I" nim' nd be aeS bis b,iI in M
United states Circuit Court rraying for an in
Junction To prevent the sale under the fore
closure, ana asking that the Court declare the
mortgage null aDd void on the ground that the
State had no right to make the grant to the
West Line Railroad Company.
The American Dock and Improvement Com
pany has for years been tue Mobilier of the Gem
trul Railroad Company OF New Jersey. LIS corpor-
aturs we're John TAILOR Johnston, the President
Of the Genital Samuel Knox, Its Ire surer; and
suudr, otuer OF Its inside directors. Tue title
TO all the lands made by encroaching on New
York harbor, aud used oy the Central was taken
In the name Of the Improvement Company, aud
the Enforcement Comp ny bought the New
York street garbage ana did the filing In, VIII ch
So long offended the nOstuls Of our Jersey City
neighbors; Tue strip OF land whose front was
conveyed by the st tie to the W est Line Railroad
runs between that on which the Central Rail-
roads tricks re laid and the Morris Canal.
The answer OF the Attorney q eneraI and the
other defendants Is that the Central Railroad
Company mad no title 10 the same, and therefors
could not grant any title to the American Dock
and Improvement Company. and consequently
the last named COMPANY could not grant any
title to Junn Ia, lor Johnston.
Ex Chancellor Williamson stated that he was
not prepared to argue the case on the final Ques-
ton as to The Right Of tue State to with
the riparian owners. His associate coui sci,
Senator Frelinehuysen, had transacted all the
business for the company, but as he did not
desire to delay the csse, which he supposed
would be taken to a higher court. he was willing
10 submit the papers to his Honor lie did not
know whether his Honor, on account OF being a
trustee OF tue Green estate, whion rs interested
TO the amount Of over quarter OF u million dol
fesl al Liberty To SIT In the case. He I'D MOI
make any objection to his Honor's trying tue
case, but there " ere 50 many other persons con-
cerned he did not know now his Honor felt
about II.
Judge Nixon said the question was not as to
MIR. Millisuson's objection but was ought he to
SIR lie did not think ne ought.
Attorney General Nanatta Insisted that there
was no prayer IN the Dill either for or against the
Central railroad wnlcn had no legal or eQuits-
BILE interest in II, and his Honor was not u part
owner as n trustee. Mr.. Fr,linghuysen as IA
United states Senator was practc bly, divorced
from practice at the bar, and II was not fulr to
POSTPONE the argument on that account.
Joseph Nixon stated tnat there was something
due to pubic sentiment, and he would sc
Judge Mckennon OF the Distinct Court, and ask
him TO have the case. In he meanwhile he
would take the papers aud II on perusal he
found be could not consittently hear II he
would give notice TO that effect.