The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-11-13
JERSEY CITY'S BASIN
Arguing in Favor Of the
Old South Cove
Grant.
A STRONG SHOWING MADE
Senator Edwards Reviews the His
tory and Facts of the case
Ex-Governor Bedle to
Reply.
A STRONG SHOWING MADE

<AhhChlOeah OOCh anu 1AiRA OfCLh0hb OShA-
pany," though it really concerns the
struggle of the Central Railroad for the
acquisition of that portion of the Cove
gran ted to jersey City by the legislature
for the purposes of wet basin.
South Cove was originally all the
water front of Jersey City on the south
side from the eastern end of the Morris
Canal coal docks to Mill creek and was
considerable and impor tant area. When
the Central Railroad finished its filing
process there was not much left of it, but
the assessed valuation of the residue, as
cording to the ret urns of the Tax Com :
missioner, is $500, 900. but real estate men
say it would bring s1,250,Oo0 at least IL
placed on the market. 1t Is the only
stretch of water front the city claims to
own in fee simple, and the present con-
test in the Supreme Court is attracting
wide attention.
THE GRANT.
1t was from this residue that the
grant for the wet basin was made. The
consideration was that the city should
puy the State $1,000 for the extinguish-
ment of the riparian right. and because
the Board of Aldermen did not pap the
money as promptly as the terms OF The
grant required, the Central road under
took to secure possession. Gilbert Col
Inns, who was Mayor of Jersey City when
the railroad began its operations in the
case. and Allan McDermott, who was
President of the Board of Finance.
promptly instituted proceedings in
Chancery to compel the company TO va
cate. Chancellor McGill upheld the
city's claim to the Cove and issued an In
s... -sx.H. <ll mil aADA
Interfering uaStd sS with the ss' properly properly any any
further. The railroad. however, APP
pealsd the case and then began a series
of operations in the Cove with
view to tightening their hold on 1t. The
Street and Water Board interposed g
anally called upon the police to drive the
Company's laborers OF the land
and tear up the tracks that had
been laid. The police remained
in possession until Judge Knapp
assured the oity's attorneys that their
were restored and Supt. Smith and his
men retired from the land. The last move
of the railroad company was 60 take pos
session of Henderson street, which runs
clear across the Cove, under the author
ity of a written order by Commissioner
Dugan. The city's rights In the matter
were protected by counsers agreement,
which sets forth that the railroad shall
pay rental for the land il the Supreme
Court upholds the city's title.
THE ARGUMENT.
CORPORATION Counsel w. D. Edwards
and ex-Mayor Gilbert Collins appeared in
court yesterday ON behalf of the city,
while Ex-Governor Bedle and ex-Chan-
cellor Williamson represented the rail-
road.
behalf OF the railroad, and though eighty
five years of age he made an argument
that would have tested the physical en-
durance of many younger man. Judge
Williamson said he had been associated
with The DEVELOPMENT of railroad interests
in New Jersey for nearly sixty years,
and that he was probably per-
forming one of the last duties OF his
public career in presenting the case or
the efendant. He reviewed the history
of he South Cove, its grant TO the city.
and it's subsequent sale to the railroad by
the State Riparian Commissioner. He
charged that the city had relinQuished 1ts
clai m to the property when 1t failed to
pay the 81, 600 which the Legislature bad
ike as the price of the transfer. The
railroad, he claimed, had met every obli-
cation to the State BY paying into IT'S
treasury the 100000 which the Riparian
Commissioners had fixed upon as the
price of the land.
COUNSELLOR EDWARDS SPEAKS
Corporation Counsel Edwards opened
the case TOT Cu6 Guy. ne Shl0 tu6t oHC
city's claim to the twenty acres of land
Oh Communipaw Bay, know as south
Cove, was based upon the act OF the Leg
islature passed In 1879, when the land
was given to the city to establish DOCK
and Underwater basin.
"That act." Mr.. Edwards continued
"was passed because Jersey City lacked
water front facilities, although tide
water city, and the Leg islature gave gen.
| eral directions as to no w the city should
proceed to utilize the grant, Application
was promptly made to fix the price to be
| paid for the grant and the Commissioners
| fixe d upon 81 ,000 The City Council of
| Jersey City took up the matter and
| passed the necessary resolutions OF ac-
| ceptance.
| "At that time, however, the value OF the
land was not SO great as 1t Is now, and
| the necessity for a public basin was not
| ms pressing as now; but Notwithstanding
the Councils action, the then Mayor,
| Charles II, O'Neill, vetoed the Councils
| acceptance on the ground that the city
| had no power to make the purchase. he
| also assumed that because the property
was ali under water the city had not the
| right to incur the expense Of trying to
| utilize it. This put quietu5 on the
negotiations, if such they were. Nothing
| more was heard of the land until
| 1885, when Mayor Collins attention
was called to the fact that the
1
get title by purchase from the Riparian
| Commission. The Mayor resurreeted the
| old legislative enactment, had the board
of Aldermen pass an ordinance giving the
State the $1,000 required by the act
Then the city tried TO take possessions
| but it found the railroad in the way.
Mayor Collins, instead of beginning a
campaign of force, appealed to the Courts
10 determine the city's title, and as cou-
sequence got the decision from Cham
celIor McGill / have mentioned. We
clam that the Riparian Commission mad
no right to make the sale of the land TO
the city, and we claim Furthermore that
the Mayor has no right to stand In the
way of the Aldermen accepting the grant.
The city could not reject the grant. !"
Ex-Mayor Collins also spoke on penalI
of the city. conining himself to the legal
| aspects Of the case.
Today Ex-Governor Bedle will close the
I case for the defendant, and IT will then be
submitted to the Court for decisions
which will probably be Forthcoming In
February.
ssr+ laads than all is the general reply Of