The Jersey City news., 1899-10-23
COVE ENTRANCE.
Citizens Petition the Mayor
In Regard to the OBJ
struction Of the
Water Front.
CITY MUST HAVE FREE NAVIGATION
No Possibility Of Wholly
Utilizing the Grant Until
Waterway Is Avail
able.
CITY MUST HAVE FREE NAVIGATION

The committee of citizens who recently
| presented petition to the Board OF
Street and Water Commissioners In favor
OF The Improvement of the South Cove.
prepared and forwarded the following
communication to the Board. They also
forwarded a copy to the Mayor and re-
questeG his co-operation:-
Jersey City. Oct. 10. 1898.
To the Honorable The Board of Street and
Mater Commissioners.
Csentle4ne en--Tfe committee which pre-
senJed the petition fer the improvement
OF South Cove beg 10 thank you Tor the
progress SO far made in that direction
Tne Committee beneve-it Was Wei thas
the Board in advertising for Dlds, re.ssfvsd
the right to fe1ect any and ali Sucn Dius,
as it IS to be feared they will 14or be ad-
van geCus to the city while ensrance 70
the Cove IL oDstfucteu as 1t IS al pIs5eilt !.
1t is to- be regretted unat ,tne quest stlSn ~,
of removing the nlling in front OF the
Cove was not mace part or the SUIT
which the city instituted to determine It's
title to the grant, provided such suit Is
viii remove Or permit the removal of the
Ienlling which prevents the free navigation
of ule South Cove grant.
From the slight knowiedge we nave OF
1.-THE law governing riparian grams. wear :
under the impression that tne Centrai
railroad had no right to nil in the en-
banlSnent they have constructed souuh OF
1he law Of the State says: The Ri.
parian Commissioners, with the approVal
or the Governor, may lease or grant the
land unoer water DeloW mean hlgh water
mark and Immediately adjoining the
Shore to any applicant or applicants
7otiner than the shore owner after giving
such owner six months notice, etc
4 You Will note THAT the above law gives
the Commissioners power to lease or grant
land under water immedlat tely adjoining
the shore, but does not empower them TO
Lease or grant land under water fronting
ION a navigable bay or body or water, sucn
as the South Cove was when the CenIral
Railroad constructed the embankment re-
aferfed to.
1t is within the knowledge of most of
( the residents of lower Jersey City that
5up to q few years ago the South cove
was navigable for boats sloops ana
yachts BY way Of the Gap, Wnicn IN n ans tls
over without authority of law and against
the protest of many interested citizens.
One citizen told the writer that When
the Central Railroad undertook to elose
the gap on Saturday night in order to
avoid an Injunction his yacht was am
9chored in the Cove. and he was compelted
to have it lifted over the bank ~ order g
get 1T into naEigable water
lS we are under the impression that the
law OF the United States provides penai..
aty for the closing in or obstruction Oh
5layigable streams or waterways.
& Gould ION water, sec. 81, recognized
authority. says:--s'It may be stated as
general proposition that riparian proprie-
tors or those who have private rights IN
the water or the soil Beneath. cannot law
fully obstruct or limit the navigation IN
any part of the channel without Speclal
power conferred by competent authority:
In the absence of such special power the
Obstruction of navigable stream is a
nuisance which may be proceeded against
iby Indictment or abatement.
The Revised Statutes of New Jersey
provides a penalty for such obstruction.
n also syivess rise to a civil action Tor
manages to any individual who suffers
peculiar injurr that is, injuries dlffefent
in kind from that suffered by the public at
large :.
violation of Federal and State law, as
would seem to be the case. have obstrucl-
ed and deprived Jersey City of this I'M
portant entrance to portion OF its water
front there ought to be some way OF
quickly addressing such an outrage on the
peoples rights.
Until, however, means are found for the
removal of all distractions to the free
navigation OF the Cove. portion of It
NAV be made available by using the en-
trance at the southeastern point. but until
the filing al the southern boundary Is re-
moved. Jersey City cannot reap the full
benefit from this important grant.
We trust that If it is found there is
desire expressed by capitalists TO develop
the Cove and establish therein industries
that viii benefit Jersey City and give en-
ployment TO its people, every possloe en-
couragement VIII be given by your honor
able Board. and steps will be taken 10 en-
force every right that belongs to this
e.ity az the lawful owner of the South
Respectfully submitted for the consider
alton of your honorable body.
M b. HOLM ES,
w ]. MORAN,
PHILIP KFILFHER,
PATRICK BUCKLEY,
ROBERT w. EARDLY,