New-York tribune., 1899-12-24
THE ASTORIA LAND GRANT.
COMMENTS on THE CASE AS MADE Up BY THE
CORPORATION COUNSEL.


CORPORATION COUNSEL.
To the Editor Of The Tribune.
Sir II seemed desirable. in view OF the mass OF
assertion and counter assertion In which the merits
OF the Astoria land grant matter have been con-
ceaed from human ken, and more especially since
the Corporation Counsel proposed bringing
action 10 walt until legal papers were prepared in
which the facts would be set forth and on which
one might rely with sense Of security before
venturng opinion A careful examination of
the papers which have been prepared by the Cor
poration Counsel does not sustain the allegations
which have been put forth to the city's true
position in the matter Indeed, in view OF some
OF the assertions in the citys complaint, point
ed out hereinafter. cannot resist feeling OF
surprise at the breadth of the assertions which
have been made and also as to the particular form
OF remedy which the Corporation Counsel has Sc
lected
II appears aflrmatively on the sworn allegations
Of the city authorities that long ago the 9th
day Of June Of this year-nearly six months ago
the Commissioners OF the Land Office acted on the
matter OF the Astoria grants favoraby, determined
TO pass the same, and gave notice Of such deter
mnation. II the city had rights which would he
irremediaby injured by the issuing OF the patents
Il seems strange that the Corporation Counsel
should have waited nearly six months, and until
after the Commissioners OF the Land Office had
actually issued the patents before applying for an
injunction. Nor does IL seem Hhely tndt the courts
will be inclined to listen favorably to representa-
tions OF the pressing necessity for the issuance OF
an Injunction after this long delay. This OF course
without regard 10 the question to whether an
injunction in such case can issue under any cir
cumstances
When one comes. however. to examine into the
merits disclosed In the papers the situation IS still
more astounding. After citing at full length the
various provisions OF the charter. which have becn
printed and reprinted lattery In the newspapers
and which demonstrate In terms that the owner
ship and tltle OF the lands under water is in the
state. and that the city's concern therein is lin
tied 10 the regulation and government of their use
by their owners, the Corporation Counsel AZ
firmatively alleges that the Land Commissioners
the 7th day OF December. 1899 assed their dnaI
formal resolution authorizing the grants which
were made to the Astoria company upon conditions
which are afirmauvey alleged to be Ito the beneft
Of the State" but which. as he somewhat naTveIv
alleges. do not recognize that the city has any
beneficial interest In the matter AS the pleader
has carefully shown by citing the law I'm fun that
the city has beneficial interest the position in
which he leaves his client. the city. is painful n
not inexpicable. -
Moreover. a scrupulous examination OF the paners
discloses not a single fact. either supporting or
tending to support. directly or indirectly any con- n
clusion that the public interest OF the city or the
commerce or navigation of the mort or the proper