New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-06-24
JURISDICTION OVER ELLIS ISLAND

THE OLD QUESTION AS TO WHETHER 1T LIES
IN NETWORK OR NEw-JERsEY.
The question has arisen and seems destined to be
brought before the United State, supreme Court Tor
final adjudication whether Ellis Island Is ID New
York or New-Jersey The question came up before
Judge Benedict, In the United States Circuit
Court yesterday, In the case OF Gaetano De Lucia,
who WAS indicted for perjury In having sworn falsely
on April o that thirty -four immigrants who arrived
with him on the ship Olympia were under con
tract 10 work for John Casey In building sewer at
Rochester: the alleged perjury WIS committed on
Ellis Island. De Lucia had no counsel or means TO
employ one and the Court assigned Abram J. Rose to
defend him.
Mr. Rose dcmurrcd TO the indictment on the ground
that the United states Court for the southern Dis
trlct Of New York had no Jurisdiction the offence
having been committed In the District Of NewJerses
The argument, on this demurrer vas heard yesterday
morning. the United states being represented by
United states Attorney Mitchell.
A dispute for many years existed between New
York and New Jersey as 10 where the real boundary
line was. In 1920 suit was brought by New
Jersey against Ncw.Yor In the supreme Court OF the
United states 70 settle this dispute. The plaintiii
argued that the true boundary line WAS the middle OF
th. river and waters between N-w-iork and New
Jersey Before this suit brought 10 trial the
LEGISLATURES OF the two States appointed cotnnssion
ers TO fix this line. These commissioners agreed
that "the boundary line between the Two states VI
N.w.York md New-Jerscy, so far US the HUDSON
River and the waters between Ncw-lork ana New
Jersey ARE concerned. the main sea shall be the
middle of said river Of the Bay OF Ncw-fork, OF the
waters between staten Island and New-Jersey anu o'
Rariian BAY 10 the main sea
In 1850 and 1890 The TWO states appointed commls
sIoners 10 find the line that had been hXed ms 'he
boundary In 1888. In 1907 their action was approved
by the two Legislatures. Under their DECISION de
cIorcd Mr. Rose. Ellis Island lay to the west and
north ~ the boundary lines and therefore In New
jersey.
The District Attorney argued that the excppuoh'
IN tho agreement left Ellis Island within the lufis
d,c,ion Of Now York He said that the Montgomery
Charter ~ the city Of New.YOrk bounded the grant
N the CORPORATION on the west By low water mark OF
IN. Yves, shore Of the Hudson River also that the Ac
- 40 handing the county Of Ncw-fork followed
IL. came boundaries The declaration that New-forf
hods Jurisdiction TO the high water marx was
,as.d liz the Disirict-Atorney on the provisions o
the agreement Of le:'3 49,
A question will arise II crime should DO commi'''c
on bonrd a vessel sailing In the disputed winters
whether the offender c0ud be tiled In cw-iorh o'
xew Jersey or IL the vessel lay at anchor WIZ 'h'
anchor In the soil Of N"w-Jersey. whether New-lorl
go YewJ,r.ey courts would have jurisdiction to fry
In. offence II IS likely that this subject VIII bt
niI.S ,n tho attention OF Governor Wers. OF New
frsev and an agreement may be entered INTO by oo'
tbc >t,tr, 10 have the question taken 10 the 'hi"'
states supreme tonr'. , h,s do.,s,on