The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-12-21
PALISADES PROTECTION.
Proceedings in the Quarry
Case Before Chancellor
McGill Today.
EMINENT COUNSEL ENGAGED
Seeking 10 Set Aside the Action Of
the State Riparian
Commissioners.
EMINENT COUNSEL ENGAGED

In a suit which the State of New Jersey
has brought against Charles A. Brown
and John Fleming. which is being tried
before Chancellor AIcGll in Chancery
Chambers. Jersey City, this afternoon the
extent and limits of the Palisades are to
be determined. Brown and Fleming op-
Grated quarry above Fort Lee, at the
base of what is commonly known as the
Palisades, under a grant of lands under
water made by the Riparian Commissions
ers to them August s, 1895. The grant was
revoked on September II, 1896, the Board
of Riparian Commissioners deciding that
Brown and Fleming were destroying the
Palisades. Brown and Fleming hold that
they were not destroying the Palisades,
but were merely working on land of their
own, between high water mark and the
Palisades. The exact bounds of the Pali-
sades is the matter to be determined to-
day. Brown and Fleming, who seek to
have the action of the Board of Riparian
Commissioners in revoking their lease set
aside, are represented by Senator Freder-
ick Marsh, of Elizabeth, and Counsellor
Frank Bergen. Attorney General Grey
appears for the State.
Since October, 1892, Brown and Fleming
have been the owners of a tract of land
on the Hudson River, in the township of
Palisades, Bergen County. The desorip-
gtion of this lot, as it appears in the rec
ords of Bergen County, running back for
nearly a century, describes it as being
below the Palisades, extending from the
foot of the Palisades to high water mark
on the Hudson River It is also described
as being bounded on the west by the
foot of the Palisades also, westerly by
the steep rocks or land;'' also, as my
lands and my house under the mountain"
For this property Brown and Fleming
paid $4,000. At the time of their purchase
there was upon this property a dock ex-
ian lands owned by the State to navi-
gable water Brown and Fleming began
to quarry the loose rocks on their lands
and to transport it over this pier.
On February 10, 1895, the Legislature
passed a further supplement to the Ri
parian act and this supplement- is COM
ton of the Palisades On April 1S. 1895,
Attorney General Stockton filed in the
Court of Chancery and information,
through George L. Record. counsel for
the Riparian Board, charging Brown and
Fleming with maintaining dock or wharf
upon the lands of New Jersey under the
water of the Hudson River in front of
their lot, and alleging among other things
that they had never applied for or obtained
the consent of the Riparian Commission
or any other lawful authority for permis-
sion to to construct and maintain Inc
dock. The Attorney General asked that
they be compelled to destroy the docNs
and wholly remove it from the lands of
Upon the filing of this information
Chancellor McGill granted rule to show
cause why the injunction should not is
sue against Brown and Fleming In the
meantime Brown and Fleming negotiated
with the Riparian Commissioners for
their dock was built. Cleveland H. Dodge
and other wealthy men living on Riverside
Heights, opposite the quarries of Brown
and Fleming, protested to the Riparian
Commissioners against the granting of
the lease. They alleged at this time that
the quarrying was destroying the Pali-
sades and defacing the scenery.
The Riparian Commissioners visited the
quarries of Brown and Fleming and in
spected them. They decided that the
Palisades Were not being affected by the
loose rock at their base. Attorney Cen
eral Stockton advised the Riparian Conn
misSionerS that as matter of law they
were obliged to grant Brown and Flem-
ing the lease they asked, on condition that
the land would not be used in connection
with any work destructive to the Pali-
sades. The lease was made and the rent
was fixed at $2S524 year.
The construction of the word "Pali-
sades'' is the matter at issue. Accord
ing to Engineer James z; p,asyn,e. ne, OF me me
point in dispute is as follows:-
point consists of slope extending from
the high water line upward at an angie
Of about 35 degrees some four hundred OF
five hundred feet where it meets cliiE
of steep rocks which cliff forms the east
ern limit of the plateau back of the Pals
sades."
Counsel for Brown and Fleming con-
tend that when the Riparian Commissions
ers inspected the quarry they were DONG
precisely the same work which was in
progress at the time the lease was re-
voked on the plea that they were defacinG
the Palisades.
THE case is still on.