The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1890-10-01
KING OR STATE.
Did the Revolution Cancel
the Royal Grant of
Oyster Island (?
THE BIG TERMINAL SCHEME.
Professor Cooks Elaborate Title
to Half New York Bay Will
Be Bitterly Contested.
B. C. Bacot Says the Valuable
Islands We're Never Above
High Water.

The residents along the shore of the
New York Bay, whose apprehensions
have been aroused over the published ac-
counts of a gigantic scheme to fill in the
bay to Oyster Island in front of their prop
erty and cut off their access to high
water, may as well calm their fears.
Whatever the syndicate has done up to
this time it is apparent that thei4 further
progress to the island will be blocked for
some time.
The State of New Jersey claims the
title to the lands which it is reported the
syndicate has purchased and the State
will not relinqufsh that claim without
bitter struggle. Attorney General
Stockton is carefully watching the new
enterprise and will be ready to pounce
down upon it with a legal process at the
first move it makes toward taking posses
sion of Oyster Island or any of the reefs
or lands under water in that vicinity.
VI course the managers of the scheme
will not give uD even the shadow of
title TO this valuable property without
fight, and will resist every movement of
the state to deprive them from taking
possession of the property. A suit win
follow which will probably reach the
United States Supreme Court before
either party will yield, and it will un-
doubtedly be several years before the
matter is disposed of.
The late Prof. George A. Cook, then of
New Brunswick and State Geologist,,
purchased in 1880 the title to Robbins
Reef and Oyster Island from the East
jersey Proprietors The Proprietors are
the legal successors of the old Lords Pro-
prietors of colonial days. Previous to
this time a lawyer had made careful
nrsrI md fa, 10 aTntr ~
title was perfect. Prof. Cook thereupon
purchased the properly and had his deed
recorded.
HOW THE TITLE IS TRACED.
Maps OF the islands showing trees grow
ing upon them and ancient descriptions
of the rocks were produced to show that
the reefs were once above water, were un-
earthed and duly recorded. The grant by
King Charles to the Duke of YORK in 1864
and the subsequent grants to Lord Berke-
ley and Sir George Carteret were easily
found on the record. and from them the
proprietors, from whom Prof. Cook pur-
chased the property in 1880.
1t was also claimed that by subsistence
which was general along the New Jersey
coast, Oyster Island and Robbins Reef
became submerged at high water but
Barker Gummere and other lawyers
claimed that the title could not be lost by
that fact. 1t was also claimed that the
States of New York and New Jersey had
encroached upon the harbor and so
helped to deepen the waters by extending
the shores. Oyster Island lies about half
mile south of Bedloe's Island and
Immediately west of the channel of the
bay About three years ago the Della
ware and Raritan Canal Company sought
authority from the Legislature to build
there what became known as the sea
fence. The owners OF the New jersey
- L. .s..1~ -. IL, -
cut them off from deep water. became
alarmed and prevailed upon the Legisla-
lure to defeat the scheme.
THE STATES TITLE TO THE ROCKS.
l called upon Mr. Robert @. Bacot, Sec
rotary of the New Jersey Riparian Com
missioners. this morning, and asked him
what there was in the stories that the
syndicate owned Oyster Island
'There is nothing in it whatever" said
Mr. Bacot. Elm 1850 and 1857 Prof.
Cook, through whom see the
promoters of this new enterprise
claim to take title to Oyster
Island and other lands in the lower bay,
applied to the Riparian Commissioners
for the riparian grants to the lands un-
der water surrounding Oyster Island and
Robbins Reef. He then claimed title to
the island reef through the East Jersey
Proprietors, who claimed it in direct
line from the old royal grantors His ap-
plication was referred to the Attorney
General as there was then some doubts
as to the validity of the professors title.
The Attorney General. advised AGAINST
his claim. and the Commissioners in both
instances refused his application.
Oyster Island is not an island but reef
The earliest United States charts show
that the reef was from twelve to elgh-
teen inches under mean, low water, con-
sequently all the lands under water
claimed to be owned by Prof. Cook were
the lands of the State of New Jersey and
are today"
ssBut Mr.. Bacot,o interrupted. sit is
said that Prof. Cook filed early maps,
which showed the Islands to be above
water and trees growing upon them. "
Eyes, 1 know he did, but they were
apochyphal maps, made by the early
Dutch. The Dutch sailors sailed up the
Bay. and whenever they saw islands they
marked them down on their maps as
such. They are not reliable and
of no value in determining title to such
valuable property The claim OF Prof.
Cook was based upon the title Of the East
Jersey proprietors which has frequently
been adjudicated upon by the Federal
courts and declared to be of no value.
JUDGE GREENS JOKE IN THE MATTER.
tsSome years ago some person In the
United States Supreme Court claimed
title to lands under water in Harsimus
Cove, think they were, under the same
disposing of the case Judge Green said
that If the State of New Jersey did not
succeed to the rights of the crown in
these waters what was the use of the
Revolution, anyhow?
The United States government recog-
nized the title of the State to Oyster Is
land and Robbins Reef, for in 1880 the
government secured grant for Robbins
Reef from the New Jersey Riparian Com
missioners.
r. LII H. ~,
maps which he filed with his application
for the riparian grants. surrounds the
islands with wholly imaginary boundry.
The State of New Jersey owns all the
lands or rocks claimed by the new syndi-
cate. and she will protect her rights
( Airy Dwelling Houses
One feature in the plans of Western
city dwellings must be very clearly de
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