The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-02-19
The south Cove Decision.

At this time of writing, the text OF
Chief Justice Beasley's decision has
not yet reached us, and SO it is impos-
sible to discuss in detail the grounds
on which the Supreme Court has con-
firmed the title to the South Cove
Grant to Jersey City as a public trust.
We have merely the statements of our
own and other newspaper correspond
ents to the effect that the Court up
holds all the contentious of the city's
legal advisers. H
This affords sufficient ground for
Offering hearty congratulations to the
gentlemen engaged in the case, and it
affords the public a fair assurance that
should an appeal be taken to the
court of last resort, the prospect is
small of the present judgment being
reversed.
This litigation has been a remark
able one. The Corporation Counsel
and the eminent lawyers associated
with him have never had any doubt
as to the result, provided the plan of
campaign they mapped out was not
embarrassed by indiscreet allies. They
found the Railway Company in
actual possession of the disputed
land, and they considered that the
proper remedy at law lay in a suit
for it's ejectment. All the legal points
as to title, they held. were clearly in
the city's favor; there could only be
one opinion as to the result; the
courts would unquestiouably GUST
the railway company as a trespasser.
But to pursue a suit in ejectment
successfully the plaintiffs side must
show that the other party is in pos
session of the disputed property. The
plaintiff certainly must not assume to
have any possession or control over it
himself, whether complete or partial.
The moment he does, he creates a
legal and common sense absurdity.
He is trying to eject somebody else
from premises which he sumo to
occupy himself.
This is where the danger came in,
in the South Cove suit. Actuated by
public clamor, the police and the
Street and Water Board attempted to
exercise control over the tract during
the tendency of the suit. The com
pany kept on gridironing the ground
with tracks. The Eoening Journal,
the New York World and other stupid
and ignorant papers howled that
the city's rights were being sacri-
feed; that while the city was
'only litigating." the railway was
consolidating its of the
land, by laying its rails and so on.
Then some of the city officials lost
their heads and attempted to stop the
construction, to assert the city's owner
ship and tenancy by force and arms,
not realizing that the first result of
such conduct would be the inevitable
dismissal of the ejectment proceed
ings. The city's counsel had some
difficulty in preventing this awful
blunder from being consummated.
They had the same difficulty to con-
tend with over and over again. in
deed; but fortunately they were able
to convey to the other city officials
something of their own firm convic-
ton as to the success of their pro-
cedure. They held in check those
who would have appealed to force,
and now ome the decision of the
Court to vindicate their confidence
and approve their counsel.
In the light of this decision, follow
ing so fast upon its heels. the recent
action Of our faInily-rum Aldermen
appears a pretty piece of ignorance,
jobbery or malice, as the ease may
be--perhaps all three. Where TO-
does the need of another lawyer APP
pear to carry on the South Cove case?
What would the other lawyer do? 1t
looks as if a majority of our "City
Fathers" had not intelligence enough
to read the daily newspapers. Every
man. woman and child in the city ex-
SOPO bAAC1AlSC1 20 HAACM bllu VIC OloC
had been tried and argued, and that
nothing remained but the rendering
of the decision. 1t would be a
good idea for these gentlemen to
retire to their several cages for
the rest of their terms. They have
given enough exhibitions callous
disregard of the public needs and
of Ignorant interference in things
they do not understand, to immortal
ize them as prodigies OF in~efficiency.
1t is not too much to say that there
are not over three Of the present
Aldermen who are fit to hold the seats
they occupy.
In our news columns we give many
interesting details of the suit just ON
Guided and a description of the
litigated tract, showing it's value and
Importance to the city. We refer our
readers to that article for such infor-
nation as they may desire. We con-
graduate the people of Jersey City