New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-06-12
CLAIM BY THE DOCK BOARD
IMPORTANT ACTION REGARDING LAND
UNDER WATER
A RESOLUTION TO SEIZE PROPERTY IN THE
xrvrv ANNrxrD p1sTR1CT-pRosPEcT OF
A LIVELY LEGAL. CONTROVERSY
THE POINTS AT Issue.

THE POINTS AT Issue.
Important action was yesterday taken Dy the
Dock Board In regard to hundreds or acres vi iu',
under water In the Annexed District. wnlch VIII al
feet many large and small land-owners "aH'"e
riparian rights in the towns OF West Chester. East
Chester Pelham and other places in the Lately an
nexed district. The riparian land In question Is
held by the owners under grants from the state
but the Dock Commissioners. under the adVce Vi
CORPORATION Counsel Scott, contend mat the otalt
Land Commissioners had no right 10 issue suc
grants and at their regular meeting yesterday De
cded by resolution. 10 seize such properly iho'uue
II in a wharfage district, and place dockmaster III
charge.
The land be taken possession OF by tho city u
certain to Increase greatly in value within the next
few years A number OF legal fights will doubtless
result from the action OF the Dock board anu d
test case will probably be made 10 decide the mat
ter The point OF contention IS briefly, as to
whether the land was the property OF the state OF
OF the towns and villages The Dock Board ah'
their advisers contend that old records clearly sho"
that the land under water was the property OF the
towns and villages. and that the State mad no rish'
over IT whatever. The owners and the state OF '"e
other hand will maintain that the property was
under the control OF the State. which had iul
authority make the grants given
Among the many prominent property-ho1ders IN
terested in the outcome OF the contention are =
Oliver Iselin Pierre Lorillard IT,, John W. Munro
the Morris family John Hunter, Dahiei '"'"' '"'"
ue Bovine Duryea, William II. Browne. Alfred
Seton and the Country club Land Association. The
land which the city intends to take charge OF is
situated ON Long Island Sound Westchester Creek
Bronx River Bay Pelham Bay. Eastchester ba!
Bronx River Hutchinsons River. East River ana
smaller streams. Tho Commissioners nave pee"
movine slowly in the matter. and President O'Brien
is confident that their position Will be supported pS
the courts The first fight will probably come from
the town OF West Chester. The town autnoriues
there had their counsel Seward Baker. m'es'sa'e
the matter and he gave an opinion that me grant
to the individuals who now hold the riparian 'A'nS
are invalid In his opinion. Mr. Baker goes PACK 10
February i3. 1871. when Governor Nlcols iSSuec q"
patent 10 the trustees FOR the freeholders ana IN
hah,ants OF Wes,chester. which conveyed the town
shin o, West Chester The Governor in conveying
the lands wrote a. follows
Together with all we lands. soyles. reckes river
creeks harbors. waters. lakes. hshing huhths a''N
fowling.
Mr. Baker reviews at length the history OF the
lands to show that their title was vested In the
towns and villages. In conclusion he says:
A. We understand the nature o, the application
hearing thereupon by this committee oi ilr lam
Ofce. ia only 10 determine whether the State VIII
assume 10 make the grant. and that the grant. II
made does not preclude me Town rom Di'i ,e ,a
further into the question, as all patents are on rec
ord I'm The office OF the Secretary OF State. ana al
Town otfcers are matters on record We therefore
Gin IN, under the p1tenta deeds and htrenbe-
fore recf-d that IN" state has title TO the lands
adjoining the upands OF the town OF West chester
FOR the reason that tho same mas been hereiOior"
pran,ei 10 the township. and that applications iOi
grants should be made 10 the town officers.
The Commissioners believe that this is equally true
OF the Other towns and villages in the Annexed Dis
trlct In their judgment the only legal rights out
eide OF the city = claims where villages
have given riparian rights to individuals prior to
annexation.
1t Is pointed out that there legal precedents
for the stand taken by Mr. Baker and Corporation
Counsel Scott. The patent granted TO the town OF
BroOkhaven, for example II almost the same that
granted West Chester, and the title 10 land under
water In the township OF irOokhaven has been sus
talneI by the town In several cases carried to the
Court OF Appeals The old Indian tiles provide
that the exclusive rights to these riparian lands
shall be vested In the town OF West Chester The
state laws recognized these rights until last year
when the Annexation act was passed Here Is prob
ably one OF the points upon which the fght against
the city viii be made \ rider passed with the
bill and became law. which gave 10 Land Com
mssoners the right To make grants Of West Chester
land under winter An interesting and vigorous tight
is IN prospect before the matter is finally settled
The triple coupon system OF collecting wharfage.
which went into effect on January l. has been 80
successful that the Dock Board sees an opportunity
10 rconomize and. accordingly. following the advice
OF the Superintendent of Docks. T.. $ Atwood
dropped two dockmasters. and may drop one more
reduce the number Of dockmasters from eighteen
10 fifteen and be a saving OF $500 annually to the
city The two dropped were Theodore Katz
and Thomas +. Ccary. who received $.Jc0 year
each The only reason they were selected for dis
missal was that they were the latest appointed.