New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-10-27
FIGHT OVER OYSTER BEDS.
SMITH HEIRS DEMAND A PARTITION OF
VALUABLE GREAT SOUTH BAY PROP
ERTY IN BROOKHAvEN
TOWNSHIP

The preliminary papers have Just been served IN
a SUIT begun by the legal representatives. OF the
two minor children OF the late Robert r. Smith. Of
Yaphank, against the town Of Brookhaven FOR the
partition of part Of Great South Bay The suit
involves between 1900 and 80 900 acres OF valuable
oyster ground and the interests of number Of
large oyster plants. Alleged acknowledgement oY
the present town officials Of the oyster grounds
occupying that part Of Great South Bay adjoining
the town OF Brookhaven. in which the plaintiff and
defendant each have half interest is the cause OF
the suit
The two interests which have never been sepa-
rated are and have been for many years managed
by the town The ground which they control com
prises some OF the best oyster planting ground IN
the neighborhood Of NewYork. The famous blue
Point oyster is taken from this part OF the bay.
Neither OF the attempted to cultivate the
beds but leased them TO oyster planters. These
men have invested large Of money and built
up q large and profitable Industry.
In the town are a number OF who, being
without capital would like to see the oyster ground
opened to the free use OF the public They are
known as Free Bay" men. The partial public
ownership Of the ground has served 20 throw the
question Of freeing the beds into the politics Of the
town, and the Trustees elected this year are con
scered the friends of the Free Bay men
Nearly all the oyster ground leases expire on
April J. 1901 and the oystermen are seeking 10 re-
them now. in order TO plant seed for the sea
son or that year. The trustees propose 70 Neele III
the new leases clause restricting the oystermen
70 the use OF hand rakes and tongs In taking up
oysters The oystermen refuse TO accept the leases
containing this stipulation. saying that they cannot
conduct their business proftably unless they use
steam dredges The apparent object or the clause
is 10 oblge the wholesale oystermen 20 hire the
FREQ Bay men. with their tongs and rakes. or
give up their leases. leaving the ground unoccupled
and open 10 all -
The Smith estate, not caring 10 lose its hall or
the annual income Of 5000 from this source; has
entered suit for division. The branch or the
Smith family represented by the plaintiffs has had
a legal claim upon this part Of Great South Bay
since 1868. when Il granted TO Colonel William
Smith IN connection with several thousand acres
Of land comprising what afterward necame known
as ST Georges Manor, in the township OF Brook.
haven. ny the Duke OF York. afterward James II or
England The grant WAS made partly In recognition
81 Colonel Smiths services Governor OF ranger
and partly because Of friendship. When the Duke
OF York became King OF England ne confirmed the
grant Colonel Smith settled upon his grant I'm
mediately after leaving Tangier. and a large part
OF the land T. stn in tho possession 81 rs des
scendants William Sydney Smith grandfather ~
the plaintiffs. LETT between I9H and seq acres 10
his death. Robert r Smith. their father. received
the ancestral home at Yaphank, between 100 and
200 acres OF land. and the oyster ground.
The case is TO be tried In the Supreme Court.