New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-12-11
PRICE THREE CENTS.
CITY OR STATE CONTROL.
INTEREST IN WHALEN'S ACTION RE
GARDING GRANT OF LAND
UNDER WATER.
WHOLE QUESTION Will. De OPENED Up BY HIS
PROCEEDINGS AGAINST STATE LAND BOARD
DID GREATER NEw-YoRK CHARTER
CHANGE PREYIOrs CONDITIONs7

CHANGE PREVIOUS CONDITIONS?
Albany Dec 10 (Spec.aD. Corporation Counsel
Whalen Of New-York has greatly Interested tho
officials of the State government by the nature OF
his opposition to the grant Of sixteen and half
acres Of land under water I'm Astoria, Queens
County, to the Astoria Light Heat and Power
Company II known last night that MI
Whalcn had addressed letter to Governor Roose-
welt requesting him not to sign any patent issued
by the State Land Board 10 the Astoria company.
but it was not known that he also ccntcmpates
asking the Supreme Court TO cnjoin the Secretary
of State from Issuing the grant already awarded
by the Land Board to the Astoria company. Mr.
Whalen, IT thus appears. makes two different at
tacks the Astoria company's grant In tho
complaint. which he will soon submit to the courts
here, it is reported he will declare:
The plaintiff has no adequate remedy AT law. and
that the granting of said applications and the tssu-
ance OF said grants viii result in rreparabe loss TO
the plaintiff. incapable OF being redressed money
damages and the issuance OF such grants would
seriously interfere with the administration OF the
affairs of the Department OF Docks and Ferries.
and particularly with the plan Of the water front
templated and maturod for tho future government
Wherefore. the plaintiff prays that an injunction
issue porpetuay restraining and ehJoping ne % de-
from granting the applications of the defendant
Astoria Light, Heat and Power Company. or It's
Donough. as Secretary Of state be enioined from
issuing any grant of land under water to said
premises described. in obedience to any resolution
authorizing the issuance Of letters patent or grant
of said lands under water any portion or part
thereof in the premises, or that any resolution
and further relief in the premises as may be meet
and proper s
The Land Board has already passed resolution
unanimously granting the lands to the Astoria
Light. Heat and Power Company. but it has been
stated that there understanding among the
members of the Board that the terms of the grant
might be modified at the next meeting OF the
| Board, which occurs Wednesday. The city os
New-York thus has opportunity to appeal TO the
courts before the Land Board meets
TO BE SERVED ON STATE OFFICIALS
Mr.. Whalens complaint it is said. will he served
on Governor Roosevelt Attorney General Davies
and Secretary Of State McDonough. The serving OF
the complaint Governor Roosevelt must be on
the theory that he, having the legal duty Of sign
ing the pa issued by the Land Board. is thus
| indirectly member of it, The Corporation Coun-
| sells complaint IL also directed against Timothy L.
| Woodruff, Lieutenant Governor; s. Frederick
| Nixon as Speaker of the Assembly; John 7. Nc
| Donough as Secretary of State William ].
| Morgan as Controllers John p. Jaeckel. as state
| Treasurer; John c. Davies. Attorney General.
and Edward A. Bond State Engineer All OF
| these last named officials voted TO give 10 the
! Astoria Light. Heat and Power Company the land
| it desires These officers OF the Land Board and
| Governor Roosevelt will have twenty days in which
|
| submission TO court
| II the courts should enjoin the Land Board from
! acting further the application of the Astoria
| company or even II they should not. good deal
| of light would be thrown the disputed question
| Of the authority of the Land Board or OF the De-
| narment of Docks Of New-York City over the
| lands about New-YOrk Harbor I'm the counties OF
Kings Queens and Richmond. The members or
| the Land Board think there can be no question
that they have authority over these lands-as tney
1 cd
| The city authorities assert that the New-fork
CITY charter gave the control of lands under water
| in the counties named TO the city Of New-Hork
WHY CITY SHOULD HAVE CONTROL
1t may be stated here aertinently that Secretary
of State McDonough said yesterday that he was
! inclined to think that To the city OF New-fork
might well be given control Of all lands under
water within its limits. Doubtless Mr. McDonough
has perceived that it Is difficult for State officer
living in Albany to pass judgment with confidence
on the value of land hundred and fifty miles
distant Necessarily. under these circumstances. a
State officer must trust TO the judgment OF ap-
/ praisers who also may live in some other part OF
the State. This fact illustrated in this case OF
the Astoria Light Heat ana rover tonlp shy, the
appraisement being mad" by John q. DeuDert,
| lives i'm the Rorough of I,rooklyn some distance
from Astoria, and George Bingham. former men,
ter. Erie County. 40 miles distant from Astoria
Secretary Of State McDonough, since he entered
|
of &e Ge9 & 0ya asked th5 for 6y the Astoria
Light Heat and Power Company should be leased
for period of fifty years instead Of Sold believing
that in this way valuable land could be retained by
| the State AMI mad source Of large income
| eventually. Some OF his motions 10 include this
provision I'm grants have been adopted why should
not this provision of a atty year lease be IN
cluded in the grant to the Astoria Light. Heas
and Power Company?
The Secretary OF State also induced the Land
Board TO pass a resolution fa"OIing ar amendment
to the Public Lands law giving power 10 the Board
to lease land under water for nifty years. Mr.
McDonough positive that the Land Board al
ready had this right to lease State land. and NOT
TO sell IT, but Thought, in order 10 settle All dou1t
on the subject a law should be passed The Dill,
however did not pass the Assembly. PROBABLY ths
corporations which seek to get possession or tno
| valuable lands under water IN NewYorks vicinity
secretly had the bill killed. The bill which armed armed
the Land Board with this power 10 lease, ana Wnicn
was killed. may again be pressed when tho Leg's-
lature meets.
RIRNED 10 DEATH IN HER ARUfHiIKs