The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-10-04
CENTRAL'S CASE.
Claims That Jersey City Has
No Right To Tax Its
Land.
RAILROADS. SIDE OF THE FIGHT
Drief Submitted Reveals Curious
Incideu in New jerseys
Early History.
RAILROADS SIDE OF THE FIGHT


In a few days it is said the Supreme
Court will take up for consideration the
case of the city against the Central Rail-
road Company for the recovery of ar
rearages of taxes amounting to more
than SSo0ooQ, or TO speak precisely $685.
1s4.52 for which amount Mayor Hoos
would dearly like to see a check TO the
: city from the delinquent railroad corpora
lion.
MrW D. Edwards, who represents Jersey
City in this fight, known in the luminous
language of the law as In the matter OF
the application of the Board of Aldermen
of Jersey City, with the concurrence OF
the Board of Finance and Taxation Tor
the appointment of Commissioners OF
Adjustment under and by virtue of the
provisions of Chapter CXII of the laws
of 1856. on objections to confirmation OF
report No. 9s,'' has already filed his brief.
Mr.. Frank Bergen, counsel for the rail-
road company. has followed suit and 1t
will be OF interest 10 readers of the
News" to know why the Central Rail-
road Company objects TO paying such
modest little tax bill. In a word the COM
pany says that the land taxed by Jerssy
City is under water and outside the
boundary line of the city's taxing area.
When the Commissioners of Adjustment
submitted their report TO Justice Lippin-
colt the company asked for rule TO show
cause why the report should not be set
aside on the ground OF illegal assessment.
Justice Lippincott granted the rule aSd
his Honor certified the case to the Su-
prerne Court, before which tribunal it
now is.
In the railroad company's brief. now
made public, the exhibits offered to show
that the property is outside of Jersey
City's taxing district, are extremely curl
Gus and have monarchical flavor about
them utterly out of place in republican
country. To prove their case the com
pany goes back TO 1868, when Charles II.
was King. of whom il was written
He never said foolish thing;
And never did a wise one
The company prints the grant iran aas1esl signsd
brother James, Duke OF York, giving a
strip of America from the Delaware to
the ST. Lawrence and all the lands from
west side OF Connecticut to the east side
Of the Delaware Bay, etc, etc, for has
l.eirs and assigns for ever
On June "a IG6i the Duke of York sold
a portion of the lands given under this
grant to Lord Berkeley and Sir George
t.arterer and which portion included all
land and lying and being to the westward
q Long Island and Manhitas Island and
bounded on the east by the main sea
and part by Hudson's River and has upon
the west Delaware Bay and extended as
far as Cape May, which said tract OF
land Is hersafter TO DC called oy I the :
The name New Jersey was given in honor
OF Sir George Cartsret who was Engnsn
Governor OF the island OF Jersey, one oI
the Channel islands
At that time Colonel Nichols was Gov,
ernor Of New YORK for the luke, ana 40
Lord Berkeley and Sir George Carteret
he wrote a letter to the Duke objecting TO
cutting up his territory OF New YORK.
copy of which is now in the New Jersey
Archives, Volume No. l. and In 1t he
quantity says
Neither can / suppose that my ioru
Berkeley or Sir c.. Carterett know now
prejudiciall such graunt would prove TO
your RI H, but must charge 1t upon cap
Scott, who was borne to make mischleIe
as farre as hee Is credited or his parts
patent which your RI Il hath and hath
since give words out that hee hath in
he eontrived and betrayed my Lord
Berkeley and Str4G. Carterett into a de-
signs Of rginRf 81 81 the honss Of
The Duke of York needed the warning
of the Governor of New York, and in is
suing the first commisslon mi for a, Governor eT o
February TO- 1904, his Grace carefully de-
fined his territory. The islands off the
New Jersey, IOr IN 1000 toFeIuor TficiioliS
of New York granted patent for. an
island called Oyster Island to Captain
Robert Needham who in December, 1857
sold the island to Isaack Bedlow. The
island near to which Is now known as
Liberty Island, or Bedloe's Island, was
then called Little Oyster Is.ss Today
it is Ellis Island. In ls7' = by
the Duke of York to Ca Tam
Dyre.
After reciting the second of
King Charles to his brother, giv,ng the
another inaf r. deed e a. from II tie Duke Of York to
Lord Berkeley and Sir g. Carterett, the
Central Railroad offer as an exhibit a
copy OF lease from Elizabeth, widow
of Sir George Carteret and his trustees
to the First Twelve Proprietors of East
This is followed by a release from the
Duke Of York to William Penn and
others of the tract known as New Jersey.
Ehea follow letters patent by the King to
the Aldermen OF Perth Anboy with per-
ana to the Government of New
York defining its jurisdiction and
the territorial boundaries of the
States Of New Jersey and New York. as
mefts an Of which the Central Railroad
Company insist do not show any warran-
~ for Jersey City to tax their lands at
CommunipaW; these lands being express
" in tho State of New York. which had
exclusive Jurisdiction over the waters of
has built its docks and depot.
Should the Supreme Court decide that
1eport No. s6 is legally made. the Central
Railroad will appeal and in all proba-
fiiity it will go to the Supreme Court
Of the United States. to which place the
company carried the memorable fight
over the South Cove grant.