The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1890-07-11
THE GRANT IS OURS NOW
The South Cove Ejectment
Suit Professionally
Decided
AGAINST THE CENTRAL RAILROAD.
History of a Long Litigation That
Gives the City a $4,000 Water
Front for a Mere Bagatelle.

Alderman of Jersey City and the Jersey
Central under the guise of the American
Dock and Improvement Company, which
has engaged the attention OF the courts
y one way or another for several years past,
is ended, and the city gets the decision.
Judge Dixon, before whom the case
which was brought by Corporation Coun-
sci Edwards on behalf of the city in the
form of ejectment proceedings-was tried.
has just filed his opinion. He finds for
the plaintiff, subject to the opinion of the
Supreme Court. The opinion in full is as
follows;--
TEXT OF THE DECISION.
On account os the Importance of the rights in
volved in Ma II &c. Of Jersey City VS.. Am.
Dock & Improvement Company, have con-
cluded to find formally for the plaintiff subject
TO the opinion Of Supreme Court upon special
case, which either party for the Purposes of a
writ Of errors, may turn into a special verdict
The special case win set forth all the undis-
puted facts; and my finding on disputed ques-
tions of fact. now recall no such dispute ex-
cept with regard to the bona fides of the grant
in 1874 to the Central Railroad Company on this
point, have concluded that the parties to that
conveyance acted with full knowledge of what
mad been done and omitted by the city authori-
ties, but in entire good faith, believing that the
Central Railroad Company was or represented
ance, a valid title to the property described in
instrument; and on that basis the Central Rail
road Company and those claiming under it
made the improvements on the locus In quo.
The plaintiff will prepare the state Of the
case and serve it on the defendant; the de-
fendant viii serve its objections Gf anyl on the
plaintiff within thirty days thereafter; and
will settle the dispute tf anyl five days notice
by either party to the other.
The city came in possession of the dis
puted land in 1872 when the Riparian
Commissioners, finding the city without
proper dock facilities. mapped out a
stretch of land extending along Grove
Morris, Van Worst and Henderson streets,
south OF the Morris canal, and the Legis-
lature granted it to the city. BY the
terms of the grant the city was enjoined
from taking possession of the land, how
ever, till it had paid into the State School
Fund sum to be fixed by the Riparian
Commissioners. The Board fixed the
price at the bagatelle of 81 200, and mott
fled the city of its decision.
THE ACCEPTANCE VETOED.
The Board of Aldermen accepted the
grant, but Charles Fl. O'Neill, who was
then Mayor, vetoed the Aldermen's ac-
tion. He claimed that the Board OF Works
and not the Board OF Aldermen was the
made the objection that the city could
not under its then financial condiUion un-
dertake the burden of improving the
property. Especially as it did not seem
to be particularly valuable one.
William A. Lewis, who was then Cor
poration Counsel, agreed with Mayor
O'Neill that the Board OF Works was the
proper authority to deal with the grant
ana all the papers on the subject were
sent to that body. But, for some reason
or other, that Board took no action on
the matter and nothing further was done
by the city authorities toward carrying
out the terms of the award until 1885.
ACTIVE STEPS TAKEN.
Mayor Collins, In that year, took up the
matter, and he forwarded a communica-
tion to the Boards of Finance and Works,
urging these bodies to take immediate
action regarding the grant. The Board
of Works passed the necessary resolution
of acceptance, and The Board of Finance,
concurrlng, ordered the $1,000 bond
drawn to the State. The bond was paid
to the State Treasurer.
Meanwhile the Central Railroad people,
who had their weather eyes open, had not
been idle They wanted the very prop
erty which the Riparian Commissioners
had laid out for Jersey City, and in 1874
finding that the authorities had not ac-
cepted the terms Of the grant they made
application to the Riparian Commission
ers for the land, claiming to be shore
owners The Riparian Commissioners
were inclined to grant the company's re-
quest, and they attempted to vacate the
grant to the city, and in the hope of wip-
ing it out. the location of the tidewater
basin was shifted 300 feet to the south.
The Commissioners got over the difficult
ty, or rather thought they did, in that
way.
THE CENTRAL IN POSSESSION.
When they made grant Of the tract,
with others, to the Central Company, by
which transaction the State School Fund
was increased to the amount of 100000,
it is estimated that $4,000 Of this was
paid for SO much of the total purchase as
ths city grant represented. The COM
pany Immediately proceeded to reclaim
the land under water and has covered it
with its tracks.
Immediately upon making its pay
nent, the city commenced suit in eject
ment against the railroad.
The case hung fire again until Corpor-
alton Counsel Edwards, three months
ago, pushed it TO q trial. The case was
ND before Judge Dixon without jury.
He took the papers and reserved his de-
cision, which he now makes known.
The status quo. in the matter of possess
sion, will not be disturbed until the ques-
tion of ownership is finally settled.
Jail's the Right Place for Her.
May O'Rourke, dissolute woman who
spends most of her time in jail, came out
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