The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-12-15
THE ASTORIA LAND CASE.
WHALES'S MOTION FOR Az INJrSC-
TIOS CONkS TOO I4TE

He Proposes to Restrain the Governor
From Taking Further Action in tn.
Grant, hut Court OF Appeals Has Decided
Tint the Governor Can't BE Restrained.
ALBANY. Dec Ii Gov. Roosevelt and tho
members o! the state Land Board were to.
day served. through Corporation Counsel
Whalen NJ New York city. with a notice that
he would move, at Il Special Term 81 the
Supreme Court TO b. held in this city on Dec
% that an Injunction order issue restraining
them from taking any further acton on the
application Of the Astoria Light. Heat and
Power Company for a grant ut sixteen acrrs
OF land undor water at Astoria. l.. t. The
title OF the action is: Tho CITY 81 New
York against the members 81 the state
Land Board. the Astoria Company and the
Governor" Mr.. Whaen contends that. under
the provisions Of the New York City Charter. as
the City Dock Board has informed the stat.
Land Board that the granting OF the Astoria
Gas Company's application would interfere
with the rights OF tho city. the State Board has
no right to make such grant; that the grant
ing OF such lands will seriously interfere with
the administration ~ the affairs 81 the New
York City Dock Department and the plan Of the
water front Of the city as the samo il being
concentrated and matured. While tho notice
OF a motion 10 apply for an Injunction order
does MOI act as stay upon the Governor and
the Land Board. they vii! not take any further
definite action regarding the Astoria grant
until after the motion has been disposed or
Secretary OF State McDonough said to-day
that So far "a the motion for the Injunction
affected the Commissioners Of the Land Olllce.
posed to enJo!n them from doing were done al
the meeting OF the board on Dec. Z The
grant in question. and that having been domr
theiT functions ended AS 70 this grant. when
the sum NJ. Of money al Which the land was
rotary OF state signed the patent and sent it
70 the Governor. Inasmuch as the only re-
In executing the patent. il tho Injunction bo
granted the effect will be 10 restrain the Gov
eInor from the performance Of an executive
Mr., McDonough ad led II am sura that the
learned Cooperation Council OF New York must
non 70 restrain and prevent tho Governor from
the performance Of his official duties. In the
Of Appeals last year. where It was sought To-
compel Coy, Morton. and the other Nom
Se1s OF the Board 81 Trustees Of Public Build
ing preference to veterans. the Court held hat
a mandamus could not be issued as against
the Governor, that the Executive DEPARTMENT.
OF the Government was a coordinate branch
ana a. eouId h9t be controlled BY the Judiciary,
l doubt very much whether the legal dues.
@on,that Is. as 70 whether the State may
ln this case notice by tho eighth allegation
O. the complaint that 1t is alleged that the
Com missioners OF the Land Once had no legal
right nr authority TO make the grant in duSs,
ZION, II that be true. then the grant issued
pursuant 10 the resolution of tho conmissinn
ers must be void and therefore vests no title
In the grantee" ''''
Assistant Corporation Counsel ConoIlv who
ISM command al the Corporation CounseIs
ONCE during Mr., Whaens absence. said YES.
terday afternoon, that the Astoria Gas Com
pdny case was the first one in which the citv
had mao an opportunity 10 assert its rights in
regard 10 riparian privileges. -
We have never taken this course bafora -
said Mr, Connolly. because we have never had
occasion TO before, Our policy has been par
lectIy consistent. We tried to pursue the case
OF tne Glty against Whittmore as much as we
are ttylnG 10 pursue This case. We applied for
VIII OF mandamus forbiddnR the Land Com
missloners from granting the application in
ina hat ease, The application was oVerrulcd by
the Sourt 81 Appeals. We have filed protosts
again aEainst AZ applications since then We have had
s .rns apGliSauons since the time that decision
baoott hyde and jeremiah p. Robinson. We