The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1890-04-21
SHEER CONFISCA7ION.
How Riparian Owners Re-
gard Mr.. Marsh's
Bill.
THAT DEEP CANAL FAKE.
1t Would Be Impossible to Open
1t and the Proposal Violates
Distinct Covenants.
CORPORATION GREED SUSPECTED.

CuhfURAIlUN UhEED pupTEOlED.
No measure which has yet come be-
fore the Legislature Of this year has
created more CONSERVATION among the
owners of the Riparian lands in New
York Bay than Assembly bill No. 4S5
which was introduced by Mr. Marsh
week or SO ago, and which provides that
the Riparian Commissioners, with the
assent OF the Governor, may grant Or
lease any lands of the State lying under
water and In front of the interior line for
solid filing or piers, although in front of
lands under water heretofore granted or
leased. Although the bill has been amend
ed so as to give the present owner,
in front of whom it is proposed to make
new grants, the first opportunity to pur
chase under the new scheme, the
measure is none the less looked upon by
those interested, who do not weigh their
words carefully, as q down right steal
upon the part of the State, while those
who take more heed to their speech de-
clare that it practically amounts to TAX
ing private property without compensa-
tion and is therefore unconstitutional.
THE COVENANTS
Both of these statements are apparently
warranted by one of the covenants con-
tanned in all the later leases Of the Repar-
ian Commissioners, which reads as follows:
And the said State covenants with
the said. his heirs and assigns, that the
State will not make or give any grant,
license, power or authority to
any other person or corporation
affecting lands under water in front
OF the said lands hereby leased, but this
covenant shall not preclude the State
from leasing or disposing of its lands I'M
der water. which lie in front of the ex-
terror line or lines hereinafter described,
should said State hereafter enact any
laws for leasing or disposing of its lands
under water for the cultivation of oys-
ters or other fish. provided that in any
such case q water SPACE of suitable width
for free and uninterrupted navigation,
and access from and to the lands herein
before described shall at all times be left
and remain open and unobStructed be-
tween the exterior line for solid filling Cor
between the exterior line for piers, wnere
the same has been or shall. be established,
and the lands which may be appropriated
for such cultivation of oysters and fish.
The proper width of said open and inter
vening space to be determined by the Ri
parian Commissioners of the State"
WHAT IT MEANS.
It will pe seen by this clause that the
State expressly covenants and agrees that
the lands shall remain open and unob-
structed except for the cultivation of
oysters, and that any attempt to make
new grants in front of the old graDts as
the bill contemplate practically amounts
to breach Of the covenant.
The friends of the measure, on the
other hand, claim that there is a pro-
vision in the bill for a deep water canal
running in front of the present grants
and that by constructing such ditch the
State will still keep its covenant to fur
nish its grantees unobstructed access to
deep water. The grantors, however, droop
the corners of their eye and stick their
tongues irreverently In their cheeks
when they hear anything about this
ditch. They call attention to the fact
that this canal idea was moOted several
years ago by some of the owners along the
shore who succeeded in interesting the
United States Government in the scheme.
An army engineer was detailed to make
survey of the ground. He did so, and
located canal from point on line
win and a short distance below
the Central Railroad ferry to
point off Constable Hook, 500 feet
wide and 20 feet deep at low water He
found that in order to build the ditch
large amount of rock would have to be
excavated, and although the canal would
not be over mile and a half long ii
would cost at least $7,OO0,000. Nothing
has been heard from the scheme since,
the ground of its impracticability in COM
parison with the project OF filling in the
fiatt out to deep water.
WHY THEY OBJECT:
The Riparian owners say that under
these circumstances il is hardly to be ex-
pected that the State will build any
canal A gentleman who owns consider
able Of the shore front and holds a lease
of the ground under water grew very in
dignant this morning while talking
about the bill
"It is nothing more or less than a steal"
he declared. sThe State has covenanted
with me to sell nothing in front of me
and now proposes to do just what paid
it not to do. Then look at the injustice
of the affair. Reon Barnes, the National
Storage Company and one or two other
owners have filed in out to the line and
of course nothing can be sold in front of
them. for there ism II much to sell.
There is more behind this bill than is
supposed. 1t is generally believed that
the measure is q scheme OF Governor Abb
bett to increase the revenue of the State.
But have reason TO believe that IL Is not
so 1t is designed, believe, to allow q
big corporation to get out there and es-
tablish system of docks something like
those of Liverpool Those backing the
scheme think that they can obtain the
lands cheaper and quicker by such q
scheme than by purchasing from the
owners or going through the slow process
of condemnatory proceedlngs'
LEGAL DIFFICULTIES
IF the bill should become law it will
give rise to an almost endless amount of
litigation. No one can sue the State di-
rectly, and the methods which will be
taken to obtain redress for the broken
covenants willk be as many as there are
parties interested. The constitutionalty
of the law making the new concession
win probably have to be attacked. This.
prominent lawyer said, could be accom-
plisEed by obtaining an injunction
restraining the Riparian Commissioners
from making the grants contemplated
by the new law. Another method would
be for the present grantee to begin an
eiectment suit against the new grantee
us soon as he came into possession OF his
grant. In both these cases the constitu-
fionality of the law would be tested.
The present owners are making ar
rangements to go to Trenton and oppose
the passage of the bill. and there is some
chance that the measure will never be
heard from again.