The Sunday morning news. [volume] (Jersey City [N.J.]) 1886-1891, 1890-11-30
OLDER THAN THE NATION
An Interesting Historical
Point in Attorney Cen
era1 Stockton's Oy-
Ster Island Brief.

The case OF the State AGAINST the New
Jersey Terminal Railway which came
before the Chancellor at Trenton last
week is one Of more than ordinary
interest, as it deals TO great extent with
the early history of this State and nation.
IA has been already stated ia the JERSEY
CITY NEWS, the New Jersey Terminal
Railway proposes to build road from 8
point on the South Shore Of New York
Bay out into the water to the reef COM
monty known as Oyster Island The
company claims to own the Island
through the late DR.. Cook. State Geclo-
gist. who had chain OF title which ran
back to the early proprietor.
This claim rests entirely upon the sup
position that the island was once above
high water. which hypothesis the State
rejects.
When the plan Of the company first be-
came known the Riparian Commissioners
directed the Attorney General, who is their
counsel, to protect the interests Of the
State. The Attorney General thereupen
applied to the Chancellor for a temporary
injunction TO restrain the company from
entering upon the lands under water IN
New York bay which are claimed BY the
State.
OLDER THAN THE NATION.
In his application the Attorney General
waxed historical and brought to light the
fact That the Government Of New Jersey
Is just two days older than that Of the
United States.
lie sets forth that prior to July 2. I776,
the King OF Great Britain and Ireland
was the ruler OF the Province OF Nova
Cesarea. or New Jersey, and by virtue of
such authority he was the owner of the
reef known as Oyster Island. which is
miuuteIy described and located In the
most approved legal Dhraseology.
On the said July 2, 1776, the people of
the Province of New Jersey, or Nova
Cesarea, met in convention at Burling-
ton and free and independent of the said
George. King Of Great Britain and Ire
land; that therenpon the people Of the
Province Of New Jersey did take up arms
and waged successful war against the
aforesaid George and did administer a
sound thrashiug TO him and drive him
and his representatives from the borders
Of the State
NEW JERSEY SUCCEEDS GEORGE
In consequence Of which the people of
New Jersey became possessed Of Al the
lands and privileges which the said King
George possessed within said States
among which was Oyster Island.
The Attorney General also declares that
there IS no reason to believe that the
Terminal Railway Company is about to
enter upon ana take possession or the
reef against the peace and good order OF
the State; wherefore his Honor was
prayed TO grant an injunction restraining
them from so doing.
Accompanying the bill were afiidavits
made by the oldest inhabitant. pilots,
fishermen and others, which set up that
according to tradition aud the memory OF
the affidavits the island was never above
water. The Chancellor granted the in
junction. But the case is in such a shape
that a long litigation viii undoubtedly
follow.
BIG LITIGATION
The company will apply 70 dissolve the
Injunction and whatever the Issue OF til At
motion may be the defeated party Will
carry the matter up the Court Of Errors
and Appeals and thence TO the Supreme
Court of the United States. The prospects
that the New Jersey Terminal Railway
will be in operation for several years to
come is not over brilliant