The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1881-07-22
Who Owns New JerseyP

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Who Owns New JerseyP
New Jersey is not very large State
and if every one who comes along and
chooses to claim slice is to be allowed
full play, emigration facilities had better
be looked after before long. The boldest
charge we have yet heard of is that by
the Board of East Jersey Proprietors, an
organization claiming the greater portion |
of the upper part of the State, and all
that portion under water. They having
lately, vulture-like, taken the prelimin-
airy steps to enforce their claim against
all the land now under the control of the
Riparian Commissioners, extending from
Bergen Point to the State line, and ems
bracing the most valuable shore front of
the State. The matter has been placed
in the hands ola Newly ork lawyer named
Russell, who is represented as having
plenty oil money and no end OF push and
greed. If he is successful he is to get
80 per cent. of all lands he can procure
and sell, while the balance-20 per cent.
lis TO revert to the Board of Proprietors
This Board of Proprietors, as far as we
are able to understand, is sort of pos
thumus organization, with no legal exis-
tence or rights, and their claim is more d
Matchmaking scheme than by any vested
authority. They appear to be a lot of
sharpers, who have conceived this novel
way of fleeing innocent and unsuspect,
| ing holders or purchasers of water>fronts.
That they are afraid seems evident from
the valuation they place on the land
they lay claim to, and instead of getting
its value, they part with it for an insignif-
cant sum, enough not to excite suspicion
or to provoke litigation, but yet too much
when it is considered that it is wrongfale
ly exacted. Here are two examples of
blackmailers' dodge, which the State
Gazette brings to light:
The Ocean Beach Association recently
purchased OF the Board its alleged claim
to the frontage on Shark river, from the
inlet back to the bridge-nearly mile
and extending back from the river 300
/ feet, for the entire distance strip of
territory 300 feet wide by nearly mile
long, comprising one of the most valuable
parts Of the Ocean Beach property-for
the pitiful sum OF $780, The Association
preferred to pay this blackmaiI for it
can justly be characterized as nothing
else-rather than to submit to the nevis
able delays and considerable expense of
litigation, and the exists4 meantime,
of cloud upon their pfs ychty. Now, If
the claim of the proprietors to this strip
lof land was good, it was worthMtt least
$4,000. Why did they sell it fdr $50Og
Was it not because they knew THAT al
higher demand would have PROV IA lit,s
! igation, in which they would Re ncI
standing; and that $500 in hand .worthl
more than q losing, evAensira .s,sit I.
Then again, the sale of z
river, together with 30Q
water mark all around 1t, cor, silis!|
property worth, at the lowest Gale tion,
100000, for the absurd sum of 10, III
another open and palpable co ssior
that their claims will not hold water,
and can only be effectively used in exact.
ing from the present owners such sums
as their fears and their desire to remove
even the thinnest and most vapory Of
clouds might dictate.
This seems to be case calling for d
dose, and nota very small one at that,
of proverbial Jersey justice. Such pres
sumptuous rascals are dangerous to be
at large, and the sooner they are set
down on the better. The territorial linn
its of New Jersey are too narrow to cone
tain two masters. and this New York bull
cannot be bucked overheard any too
soon. The rights they claim are worth
millions, and to concede them would ems
tail incalculable disaster to private and
corporate owners, much of this water
front being purchased from the State BY
the great railroad companies. Tie
school fund would also suffer, as it des
rives large portion of its income from
grants and leases made by the Riparian
| Commissioners.
In regard to the ownership Of these
lands, the following decision by Chief
Justice Beasley would seem to settle the
matter beyond controversy:
By the ancient common law the title
of owners of land bounded by the sea or
by navigable rivers, where the tide Gibbs
and flows, extends to ordinary high water
mark only. The title to the shore bes
tween ordinary high and low water be-
longs prima facia to the sovereign. The
title which by the common law of Eng,
and was vested in the King, upon the
revolution became vested in people of |
the State. While the State cannot law, |
fully make grant of all of the waters of |
the State, to the utter destruction of the
rights of navigation and fishery. it may
by grant limit the common rights |
and may appropriate to individual en-
joyment lands covered by water, to the /
exclusion of the public common rights Of
navigation and fishery. It may grant /
the land in all Manageable tidal water with.
in its territorial limits, to ordinary high
water mark, without the consent Of tie /
owner of the land adjoining high water
line. Salem Standard.
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