Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1897-01-21

E-aiIsauos or auJacenU TO or IN Iron5 or uns
strip of land between the base of the Pal
isades and the lands under water, except
under conditions restrictions and limita
lions that would, so far as possible. forever
thereafter preserve unbroken the uniform
ity and continuity of the Palisades, and
also as far as possible prevent the lands
leased, granted or conveyed from being in
any way used or devoted to injurious OF
destructive work or operations against the
Palisades or in connection with or for the
encouragement, aid or promotion of in,
furious or destructive work of any kind
against the Palisades.
A lease of riparian land on the Hudson
river in front of the Palisades having been
made after the passage Of that act to the
firm of Brown & Fleming, clause was
inserted therein declaring that the lease
should be forfeited if the lands granted
were used in anywise for the encourage
ment, aid or promotion of injurious or de
structive work of any kind against the
Palisades. During the past year 1t was
brought to the attention of the governor
and the riparian commissioners that Brown
& Fleming were carrying on the quarrying
of stone upon large scale from that part
of the Palisades lying between the perpen-
dicular wall and the base of that part OF
the formation which may be designated as
the foothills, causing thereby quite as Sc
rious and objectionable DETACHMENT of the
natural scenery as though the work had
been done upon the perpendicular wall OF
the cliff. Upon the receipt of this informa-
tion the board of riparian commissioners
passed resolution declaring that no fur
hor fc of do f,.f ~
the Palisades would be made until 1t should
have been determined judicially or by fur
ther act of the legislature whether the act
above referred to was intended to include
and did include. under the term opal
isades, " not only the perpendicular wall of
rock, but the foothills. Subsequently the
board notified Brown & Fleming that they
were using the lands so leased to them con-
trary to the condition contained in their
lease and required them to show cause
why the board should not declare the lease
forfeited. After a hearing, at which Brown
& Fleming were represented by their ooun-
sci, the board by resolution declared the
lease forfeited and directed the attorney
general to bring suit in the court of chan
Gerry to have judicial declaration that the
lease had been forfeited and have it de-
creed to be delivered up for cancellation.
This suit is now pending in the court and
is shortly to be submitted on argument to
the chancellor The sole use made of the
riparian lands granted to Brown & Flem-
ing was in the shipment of stone quarried
from the foothills of the Palisades. 1t is
just this DETACHMENT which the legislature
was asked in 1895 to prevent as far as pos
sible. The point, however, Is taken against
the statute referred to that the g Palisades
does not include anything except the per-
pendicular wall of rock. 1t Is the intention
of the executive and of the riparian COM
missioners to do all that Is legally in their
power to carry out the manifest purpose of
the legislature to preserve this picturesque
portion of the state from mutilation and
destruction, an object in which the Palisade
commissioners of the states of New York
and New Jersey, appointed by the concur
rent action of the executives of each state
are contributing by their effort to procure
the passage of bill by the congress of the
United States setting apart tract of land
including the line of the Palisades, for the
purposes of a military park. The opera
tions of these commissioners are detailed in
their report, which will be laid before you.
/ suggest that the act of 1895 be amend
ed SO as to make it perfectly clear and def
mite that the term Palisades shall be
construed to include not only the perpen-
dioular wall of rock, but the foothills lying
between the crest and the bottom of the
level land below. This will obviate, in
case Of future grants of riparian leases,
such a claim as is now set up by Brown &
Fleming.
The compilation Of the general statutes
of this state authorized by act of the legis-
lature, approved April 4, 1894, has been
completed in three volumes, comprising,
with the index, 4,09s pages. The compilers
deserve great credit for the pains, care and
accuracy with which they have sifted and
classified the almost innumerable acts that
comprise the pamphlet laws of the state
passed since the last general revision in
1877. An examination of these ponderous
volumes reveals such a condition Of our
statute law as is not creditable to the state.
Instead of clear and logical classification,
simplicity and condensation, most of the
titles reveal large nutabers of separate acts,
drawn without any special reference to
each other, often covering in different ways,
and sometimes In inconsistent ways, the
same subject, and constituting mass of
legal enactmeDts ineomprehensible to the
layman, and to the lawyer and the judge
often of doubtful meaning and application.
The citizen who desires to investigate the
laws regulating the assessment and coIlec-
tion of taxes will find in these volumes 240
different statutes, embracing 82S different
sections, the whole covering 175 pages of
closely printed matter. The township Of
fcer who desires to acquaint himself with
the laws governing the political division
which he serves will discover that he must
study the meaning and application of 40
different statutes, which require 100 pages
Of the volume for their publication. Be
side this, he will be required to examine
the statutes printed under the title of Fire
and Police, some of which refer to town
ships, some to cities, some to boroughs and
some to all kinds of municipal corpora
tions. This latter title covers by itself
nearly 100 pages and comprises 155 sepa-
rate acts. If he Is member of thntow
ship committee, he will have jurisdiction
over the roads of his township To familiar
ize himself with the law governing high
ways, he will need to look through the
title of Roads, title which comprises
154 pages and 1876 different acts At the
same time he is liable to be called upon to
act In matters respecting fences and bound
ary lines, the enforcement of the laws for
the preservation of health, the maintenance
of FAdpers and various other matters. each
Of which Is covered by a different title and
regulated by numerous different acts
The citizen who desires to familiarize
himself with the Jaws governing the city
In which be hanpans to live will have
stiil more difficult task Under the cap
tion "Cities" he will find 408 different
statutes, covering 845 pages. But these In
clude only such acts as relate exclusively
TO cities. Under the heading of Munich
pal Corporations he will find 1877 addi-
tional acts covering 1856 pages, which be
will be required to examine If he desires to
be certain that he is acquainted with all
the law that may possibly relate to the city
of which he Is an inhabitant
Those who dwell in boroughs and wish
to be acquainted with the laws that regu-
late this class of municipalities will be in
even harder case. / called the attention of
the last legislature to this subject in my
inaugural address, using this languages:
But a more striking instance of manifold
legislation exists in the laws relating to Dor.
oughs. These forms of local government did
not exist until recently. They were all oreat-
and letter of the constitution required that
they should be governed by a uniform sys-
tenn. Yet we find three different general acts
now In force regulating the creation aid gov
ernmeEt of boroughs. At each session OF the
legislature numerous amendments to each OF