Bridgeton pioneer. (Bridgeton, N.J.) 1884-1919, 1897-07-01

GRANTS NO GOOD.

pletely Wipe Out the Grants by the
Riparian Commissioners to
Oyster Producers.
The long, bitter and expensive struggle
between the Riparian oyster owners and
the Delaware Bay and Maurice River
Cove Oyster Association, was Monday
settled by the Court of Errors and APP
peals, and in manner that effectually
disposes of the question for all time.
The discussion is sweeping. and leaves
the Riparian owners without single
support to their contention that they had
an exclusive right to raise and catch oys.
ters upon grounds held by them under
riparian grant.
The Associated Press sent out the fol-
lowing:
1.-The Court of Errors reversed the Cum
berland County Circuit Court in a test
case involving the famous oyster war in
Delaware bay some years ago. In 1886
Luther Bateman obtained from the Ri
parian Commissioners strip of land ly-
ing under water. He stocked this strip
with oysters. ZebuIon Polhemus began
dredging on these oyster beds in 1s9, and
took from them a quantity of oysters.
Bateman made an effort to drive Pol
this end in view sent to Philadelphia for
tugboat to serve as police patrol and
prevent poaching on his property.
.Polhamus was subsequently prose-
cuted for trespass, and the jury awarded
Bateman a verdict for 1854 damages,
which was the jury's estimate of the
value of the oysters taken. The case was
test one, there being number of other
parties interested in the decision. 1t was
appealed to the Court of Errors by Pol
hamus.
"In the decision rendered Monday, it
is held that the grant from the Riparian
Commissioners to Bateman was a condi-
tional one the conditions being that he
was to fill in the property conveyed, and
then to have the exclusive use of it. The
decision holds that the grant did not
coveY4he river bank and that until the
fillingin was completed the right to enter
and fish on the premises was a privilege
the State. Bateman died in 1895, and the
case was continued against his wife as
executrix OF his estate. Polhamus, by
yesterdays decision, will escape the pay
ment ofthe judgment, and the other per-
sons who used the beds will escape pro-
cution.,,
The case has for years been in the
Courts. The riparian men were first
represented by the late Colonel VIM. e.
Potter, and at his death, the case went to
the late J. Boyd Nixon who brought
Judge Sinnickson. of Salem, into the
case. The Oyster Association was rep
resented by Walter H. Bacon, of this city,
and ex-Judge Pancoast, of Camden
Upon the trial of the Polhamus case be-
fore Judge Ludlow, that learned iurist
brought the case into such shape as it
would have to go to the Court of Errors
and Appeals for final decision on all legal
points.
The significance of the decision rem
dered yesterday, is quite apparent. The
Court simply supports the contention of
Messrs. Bacon and Pancoast to the effect
that riparian grant from the State is but
Tor one purpose. The Court holds that a
riparian grant will permit the holder to
reclaim the property to a certain point, so
that 1t can be wharved up and used for
shore purposes. But the riparian grant
does not permit the holder to use the
waters for fishing and oystering to the
exclusion of the public. In substance the
decision says that while the waters of
Delaware Bay are ebbing and flowing,
and vessels are floating over it's surface,
the public have right to take fish and
oysters from the bay.
The decision is an absolute and con-
elusive victory for the oyster association
ana reflects the greatest possible credit
upon the able legal gentlemen who were
engaged upon that side of the case.
When the news of the decision of the
court reached Port Norris, there was
great jubilation. All the people there
were highly favorable to the Association
and the oyster town will celebrate the
event. 1t means much to the oystermen
OF that section, and they are now per-
take anywhere from the waters the splen-
did oysters.
In Newport, where the Riparian own
ers are living principally, there is great
gloom. The men who bought the grants
.faked thousands of dollars upon the deed
given by the state. By the decision they
lose all. The thousands and thousands
OF oysters planted there are not private
property and the public can go there at
any time and take the bivalves. There is
no further contention to be made and the
riparian men lose all.
There cannot be any stalking up the
grounds IN question, either by the ripar-
Ian men or others. There is statute
that fixes what is known as the South
west line, and no grounds can be staked
up about that point. All the riparian
grounds in question are above that point.
For weeks now nothing will be talked