Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1885-06-18

New Jersey and Delaware Agree 10
an Armistice On Satisfactory


New Jersey and Delaware Agree TO
an Armistice On Satisfactory
Terms.
An important conference was held in
the Lafayette Hotel, Philadelphia, Monday
evening, between Governor Stockley and
Attorney. General Paynter, representing
the State of Delawaro; and Governor
Albeit, Attorney General Stockton and
Assistant Attorney General Johnson,
representing the State of New Jersey.
The subject of the conference was the
consideration of the recent fishery
troubles between the two states, with a
view to the adoption Of some plan for the
prevention of further trouble on the
same score, pending the determination of
the exact rights of the states by the
Supreme Court of the United States. The
specific cause of contention most promi-
nently considered was the recent arrest at
Port Penn of Jersey fishermen for tres
passing in Delaware waters.
It was objected on the part of the New
Jersey representatives that these arrests
were made within the 12-mile circle, in
contravention of the clear prohibition of
the injunction issued by the United States
SOulb III Aotfs ~ pONtIhOi
Stockley replied that the arrests were
made for offenses committed outside of
the 12-mile circle; that he was informed
that the parties causing the arrests were
abundantly able to prove that the Jersey
men in question had been fishing
on the Delaware side of the bay in waters
unquestionably below that circle and
that it was clear enough, therefore, that
n.I. l.,
make their arrest for such offense in any
part of the State where they could catch
them. Upon this statement of Governor
Stockley the New Jersey representatives
refrained from urging the objection fur
Their.
The injunction referred to was issued
at the instance of New Jersey, whose
object WINS and is to secure, if possible,
jurisdiction over the river eastward of the
channel within the 12-mile circle. The
claim was also made That the waters of the
Delaware river and bay between low
water mark on each shore are navigable
waters of the United States and free to
citizens of the whole country to sail over
or fish in but not much stress was laid
on this claim at last evenings conference.
The Supreme Court injunction really
goes further than the 12-mile circle ques-
ton pure and simple; its wording being
that Delaware shall not interfere with
Jersey fishermen either within the limits
of this circle or in the river Delaware
where they have been in the habit of fish
ing heretofore.
The agreement arrived at by the con-
ference was that, pending the final action
of the Supreme Court, Jersey fishermen
are not to fish west of the channel of the
Delaware bay; the channel itself to be
open to the fishermen of both
states and that the Port Penn replevin
suits in the United States court here are
to be abandoned.
Just where the river ends and the bay
begins, an essential point now to be de-
cided, was, by agreement, left to the
attorney-generals of the respective states
to determine; who will give public notice
of the same when settled upon. Among
river men the lower end of Reedy Island
is said to be regarded AS marking the line
of demarcation between the river and bay.
Secretary Bayard, counsel for Delaware
in the United States Supreme Court pro-
ceedings, being now unable to appear in
the case Governor Stockley will appoint
Senator Gray to succeed Mr.. Bayaid ms
counsel.
Within the 12-mile circle the Suprem,
Court injunction is to be binding nm | tn,
question of jurisdiction remain in stutu
quo until that injunction be raised.