The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-12-10
| MILLION RICHER,
rsey CitY's Conclusive
- Victory in the South
Cove Suit
STRAL RAILWAY BEATEN.
Great Tract of Waterfron'
Becomes the Property Of
the Municipality.
SPLENDID WORK 0FLAWYERS
Corporation Counsel Edwards and
Collins aud Corbin the Heroes
of the Occasion.
COURT OF APPEALS DECISION.

Jersey City is 100000 richer today
than she was at this time yesterday, and
she has Corporation Counsel Edwards to
thank for it. The Court of Errors and
Appeals yesterday decided in favor Of the
city the cele eDrated South Cove case, py
which the city RECEIVERS property worth
at least 81 900 900.
In 1872 the Legislature, upon the sug-
gestion of John r. Mcpherson, then
Senator from Hudson county. passed an
act ceding to Jersey City a track of
about twenty acres of land lying in the
S 'uth Cove, roughly speaking. between
Van Worst and Henderson streets ad-
joining tide water. AT the same time the
Legislature dedicated to pub lie uses the
waterway in the cove then known as
Broadway and established its wi dth at
800 feet. 1t WAS upon this waterway that
The city's property abutted. The con-
dition upon which this grant was made
was that the city should pay the State
for the property such a sum us the Ri
pariau commissioners should fix.
In November, 1872 the Board of Alder
men accepted the grant and appointed
Simeon H. Smith, Marmaduke T1lden
aud Edward f. G. Young committee to
them to fix price for the land.
The committee also contended before the
Commissioners that the subject matter
OF tie grant bore more the intent OF a
gift by She State than a question of en-
r,chiug the State Treasurer. The result
shows that the contention OF the commit
Tee OF the Aldermen was successful.
The Commissioners fixed Lhe price for
the properly at 81 900, and the Board of
Aldermen passed resolution ordering
tie money paid to the State. Charles H.
O'NeiIl, who was then Mayor of Jersey
City, vetoed the resolution on the
ground that the matter did not
come within the power of the
Board of Aldermen, but rested with the
Board of Works; aud that the property
would cost the city more TO improve than
it would receive in benefits. On the
opinion of William a. Lewis. then Cor
poration Counsel, the Board of Aldermen
sustained the veto upon the legal
grounds.
THE CENTRAL GoBBLED IT.
Nothing further was done in the matter
by the city until 1885. In the meantime,
the Cectral Railroad of New jersey
gobbled up the land. In 1874 the COM
pany induced the Riparian Commission
ers to revoke the grant to Jersey City and
to cede to them for 100000 the property
Tor which Mayor O'NeilI did
not think it would pay the
pany paid the sum aud took possession.
The Company also persuaded the Ripar-
ian Commissioners to shift the Broadway
basiu 300 feet TO the scuth, SO as to gobble
MP for tine water way tue 50 called West
Side grant, which hasisinc Ibeen purchased
lie Lenigh Valley Railroad Com
rauy. The Central went to work and
filed in the 800 feet of the basin
while the Lehigh Valley took the matter
into the courts and obtained a decision in
its favor, the courts practically holding
that the Riparian Commissioners had no
right to shift the waterway. Under this
decision the Lehigh Valley filled in and
built tracks on its grant, which, together
with the action Of the Central, caused the
channel to shrink feom 500 to 200 feet in
width.
In 1885 Mr.. Gilbert Collins. then Mayor,
aud Mr.. Allan L. McDermott, President
of The Board of Finance, looked up the mat
ter of the grant and concluded that the
city had a fighting chance of securing the
grant. They induced the Board of
Works, with the concurrence of the
Board OF Finance, to pass resolution ac-
cepting the grant and directing the pay
ment of $1,000 to the State. This
in one day. SO that no legal
difficulties could interpose. The money
was paid 10 Colonel John j. Toffey, then
State Treasurer, who accepted the
amount aud gave receipt for it. Major
: Edward Anderson, the Comptroller, how
ever, refused to countersign the receipt.
THE SUIT STARTED.
Ex-Judge John A. Blair was then Cor
poration Counsel, and he began 8 suit in
1856 for the recovery of the land.
Nothing further. however, was done
in the matter either BY Judge
William Brinkerhoff. In 1889
Ex-senator William D. Edwards was ap-
pointed Corporation Counsel and he i'm
II ediately took up the suit. Mr.. Gilbert
Collins, from his knowledge of the case,
was employed to cooperate with Mr..
Edwards in prosecuting the suit.
The railroad company fought the mat
ter off as long as they possibly could, but
tlev were vigorously pressed by Mr..
Edwards, and finally the case came on
before Judge Dixon, who tried it
before jury in June, 1891
Judge Dixon decided in favor OF tue
city subject to revision by the Supreme
Court. before which the cause was argued
iu November of the same year. Some
months afterward Chief Justice easley
read the decision of the Court which
sustained the position of he city and the
cision to the Court of Errors and Appeals
Last June the case was argued
before the Court of Errors and
Appeals. which finally decided the
matter irreyocabIy In favor of the
city Ex-Chancellor Williamson. who
died last week before he learned of his
final defeat, aud Ex-Governor Bedle
fought the case for the railroad company
NEW COMPLICATIONS.
The opinion OF he Court holds that the
Riparian Commissioners had no au-
hority To vacate a grant made by the
State through its highest power, the
Legislature. A writ OF pos
iou will be issued ir
fe days, and the city will take posses
su Of the properly which has been II
Intention for twenty years.
An interesting question arise,
IN connection with the case
Taa T.epislatnra rraufad this nrnnerf,