New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-12-10
6O.62 West 23d Street.
MR.. WHALEN PROTESTS.
ASKS THE GOVERNOR TO WITHHOLD AP'
PROvAL OF THE ASTORIA GRANT UNTIL
THE COURTS CAN PASS ON 1T.

CORPORATION Counsel Whalen yesterday sent TO
Governor Roosevelt vigorous letter OF protest
against the action OF the State Land Board IN
granting to the Astoria Light, Heat and Power
Company sixteen acres OF land under water for a
few thousand dollars. The Governor Is asked TO
keep back his signature from the grant OF land
until the courts have time to dispose OF the legal
objections Mr.. Whaen is preparing to raise
Many New-Yorkers have been surprised at the
action OF the Land Board. and have been declaring
that the grant Of land under water to the AS
tora company will be without adequate considera-
ton 1t is the talk among the politicians that there
will be another bill in the Legislature at the COM
ing session to give to the Astoria company the right
to construct a tunnel under the East Riter and
supply gas to Manhattan Borough. Governor
Roosevelt has declined to talk the subject but
he Is believed by many Of the politicians 10 favor
such bill
Following is the letter Of the Corporate Coun-
sci: ..u
To His Excellency, Theodore Roosevelt, Governor
Sir: The city has learned unofficially that the
Commissioners OF the Land Office recently passed
a resolution, and that IN obedience TO That resolu-
ton you will be asked to sign. and the Secretary
OF State will be asked to issue four grants OF and
the Astoria Light Heat and Power company for
a trining consideration Of less than 1900, which Is
proposed to be paid to the State for valuable water
rights Of the value Of at eos @ Board Of Docks
and Ferries received notice OF these four april
cations and in obedience to Section s. Of the Char
grant by the state would conflict with the rights
furious to the public interest. And in obedience TO
the practice in that behalf hearing was nad De.
fore the Commissioners of the Land once ana at
Blandy. one OF my assistants.
ever the Board Of Docks and Ferries determined
that the issuance OF grant would conflict with
mfo rsnt TO n public interests that then and
that event the Land Commissioners were ousted
Of the right to make any such grant
This view Of the law is borne out not only by the
section OF the charter to which have ana ana
Whttemore case. but II is manifest that this Is
so from the so-called Introductory" Of the very
hs ssarer Which si be found in Ash
edition Of the charter at pages 1876 and 49, in when
'orhe charter has been constructed upon the prin-
cipe that 1t is expedient to give the city all the
Similar protective principles applied to the
water front and waters constituting the harbor OF
NE oSfsR Of n the cys and
her commercial supremacy now and In the future e,
Yested private fights which been carefully
protected the control Of the entire water frqn i
necessary TO secure ana deV,eop the COM
foreign and or the has not received
recognition by the Land Commis so ,, Tn hey
have yede dd 70 the ne LATER is about to receive gift
from the State upon the OF 1nd tae waerS
tsncs have h s and o. wSch in the
future II not in the near future. would hamper and
crinne the commercial interests or the city when
bave been Entrusted to the management OF the
BOARD OF Docks and Ferries. 49,, -
I desire to raise my protest against TINS gross
mirage and have already verified complaint In
an action about to he commenced to test the
az ~ the Land Commissioners action. but |
onn 'annrehensive that before the papers can be
servsd and before | can obtain injunctive relief
sS rojqht state in passing that no ex parte In
s,,nction can be obtained against state Board
rnu will be asked to affix your signature TO the
49, and am very DESTROYS that that shall not be
Sonn one until the legal questions involved are dis
p9seu u 81 therefore, that you will withhold your
,at,,re TO- the letters patent until the question
Of an injunction can be formally passed OH Oy
hooe to be able TO serve the papers by next
luesusy, ort JOHN WHALEN,
eH' sei''' Corporation Counsel.