The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-12-28
WBALEy REPLIES TO ROOSEVELT.
Still Calls 1t the astoria Grab" and De-
tends the Procednre Of Ais once.

Corporation Counsel Whalen had time yester-
day to read the Governors letter approving the
grant % land under water at Berrlan's Island
to tho Astoria Gas. Heat and Power Company.
and after he Ind read Il he issued the following
statement as an explanation and reply;
After having read the Governors message
that accom- panied his approval OF the Astoria
grab. think there is only one paragraph to
which ought TO reply: In that paragraph the
Governor shows either that he did not inyesti-
gate the Astoria matter thoroughly. or that the
Attorney Generals Office did not give him all
the Information in its possession. This Is what
the Governor saws:
THE Attorney q ncral's ofico has shown ta will.
ingness to aid the Corporation Counsel in bringing
the matter before the courts for their prompt
sidera,on and determination but the inactivity OF
the Corporation Counsel = o nee has been such that
the test has never been made.
This extract from n letter sent by mo TO the
Attorney-Generol On Oct. 10. through one OF
my assistants. disproves the Governors asser-
ton. II In from the letter TO which the Attor-
ney-General made no reply
"Ror Johr C. Dari,,. Atorr, .t;sn"rrG Ii,any. * r.
MY DEAR sth: You viii recall tho fact that Mr..
wcre Gei"r' tho Land SoarI ~ the ia o. june al
tAe ar n IN she matter OF the applications OF the
for me grants OF land under water in the city OF
New York.
Il now in position to proceed to test tho quc.
tiou we are all So anxious 10 have settled, but d.
not wish TO I've called upon t. print more than one
case. which. Assume, will be agreeable TO you. or
course have no objection 10 all the attor.
ntys inter s'cd dining IN the brief or
III the ar!Uiur at and am Kious 20 agree with you
u, 20 how the questions cga lest lie brought up. IL
occurs g. me 10 suggest that ccrt3rir would he tho
best way pgcfn: II e. an injunction suit. and
think YOU viii. Il u 4. aGf'clhl' g. you that the
matter should he tested rs rertiorari ] will obtain
one rlturnsble in YOU county and that Will bring
the matter into the Appellate Division in the frat
instance. aud from there We can 40 to the Court
OF Appeals.
"Knir inform meR this is agreeable 10 you, and
II So dc-lgaa'e ONE rcrson here with whom ! can
representing. the respective claimants-Mr Burr. Tor
instance. w!li lie entirely agrucabs or sir Arduan
III tho Attorney General had acted on the
suggestions contained In that letter the matter
OF difference between the city and tho State
under water to private individuals and corporn-
lions would be In court. and In al. probability
an expression OF opinion would be had that
nigh: guiL" us IN the future or AZ least deter
mine whether thcss valuable, grants shall he
taken from the City OF New York without its
consent and against its protest.
Tho city has been consistent and persistent
able land that will he required 'or its own use
In the near future. The necessity Tor better
docking facilities becomes more apparent every
day. III, commerce NJ this great CITY reauir-
in the acquisition OF these properties the city
VIII DO called upon to pay argc sums ui ID oney
for land that has been disposed OF by the State
Land Board for mere pittance.
Il hope 20 he able TO maintain our contention
That u Is not IN the power OF the State Land
Board To practically give IL away. az they had
heretofore don". against the protest otour city
only arply to the Astoria company but 10 all
Other corporations and individuals who have
obtained their grants In the same way