The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-12-27
ASTORIA GRANT SIGNED.
GOV. ROOSEVELT CRITTCISEs COR
PORATION COUNSEL RBALEN.

ALBANY. Dbc. -D.-lne bulI W NoEpDl-
alton Counsel Whalen Of New York city to
restrain Gov. Roosevelt from approving the
action OF tho State Land Board In making tho
Astoria Gas Companys land grant was discon-
tinued to-day before Justice Chester. The
Corporation Counsel alleged that the State had
no llsht to grant lauu. under water In y W
York city to any one and that the New York
city charter gave such right exclusively to the
city authorities. MIR. Whalen came to tie
conclusion that he could not bring this
question before the courts for decision 10 con-
nection with the Astoria grant. as tho COnsti-
tuition protects the Governor from tue courts
has therefore selected the Hyde Land grant at
Long Island city Tor the purpose OF having his
Hyde grant was mads some weeks before the
Astoria grant aud q deslsion in the case VIII
lork CITY which have been made BY the State
Land Board since the present chartt. Of New
Its . SS s %' he ie eS9nsG ~ wh action
Gov. Roosevelt approved the astoria grant Gs
Simply Gin Sraess land under Wafer in front Of
this compnny's upend at Astoria, L. L. The
ges company viii require Legislation teforo Il
! under tie Last River to Manhattan borough,
such as y aow operated VI tie .'es An:
sfsntias to the astoria Soaipany he
.H aed ~ s oHs'5S:' ner y. Sas5n w
the Astoria tunne. mi, which was defeated in
tue btuhlc lhsI win oE, Wds thtt snc GOiupuuy
Lad perfect right to aek Tor a tunnel, ana mat
| II was in the puU lio int ost that the company
irS Ta &c hs III & OaiG to ths Gov.
! e.nor. somO of which NsIs rsmeGied by the
p PIE ., ne - u hs oil
| INK session OF the Legislature Other OBJECTION
| able features wouli have to be eliminated he
! fore II could secure the Governors approval
! For instance. the Governor objected to the
| provision In last years bill regarding the oon-
pany too much power He was also opposed to
! gTsntiGs the company any authority further
| than was necessary to allow IL TO construct the
| tunne.
In approving the Astoria grant I'll Lyyer'or
! VI ote leuar To the Land Board. In which he
ut appears that tho Astoria Gas Company
! has asked nothing whatever which 1t Ia. not
| been the inmemorlsl custom of the State to
grant in such cases. II 10 a matter ol com.
mOa notoriety that rival gas company
! 10 securing refusal OF Justice 70 the Astoria
las Company. The eItr.ard .ery oou.ss
taken ~ the Corporation COUNSEL VI the CITY "
New York 10 writing nae ABOUT this grant. A.
though he has lever Sommunlcat-d with me IN
| Tufereuoe TO any previous grant. and III urging
taal take action la reference to II 'ucu uS I
have never taksni and such as has never been
other :. au., N ado 1t necessary Tor me to COM
munlcata With you as did alter you made she
- The Land Board has no power TO grant leases
with rights Of rsnowa. Where tho land 10
grated. OF for tn" purpose OF impfovem"nt,
have power to make a lens, with right Of 70.
news.. II does not seem 70 me hat as yet 1t
would - wise to Introduce ac Lease system ~
ca-es where tn. grantee Nus in the land aud
builds docks. warehouses or similar structures
lit appears tl.a. the land within the limits
Of the Creator New YORK along the shore
,ih"e Rs,ors grant ' va. sranisd ted" to '' private
owners Of the adjacent uptands tw.hty.six
~slo '~i ssa aae year o axe At ss
acre. a merely nominal sum. The Astoria
grant IL m al. for $3.50 acre on condition
mn L. N "A W. "A IA
be we'll under w.y. The, contention OF tho
corp .,'on tu,ngc 81 that he ~ y!IegC crsntea
acres are sV worth aSoS' $40 Us is 50 absurd
IA scarcely to me. 1, serious discussion. When
anouat ng 10 sese... hundrsd acros, lnOrud.us
The rlpsr an rights to tho sixteen acres under
aDCut $3.50. 900. 4 g M. osterous nature u the
Corporation Counseis contention 10 ut once
il the Corporation Counscl's statemap,s are
to be aiken seriously It would mean tnat the
con- %ss dr .S Ss !" ps' = we 81 ,S %t
pr >pcrty. yory nearly ten lines what they have
lust Nd for the entire pr4psry The mere
rron Il. The &C! accent upland has Just been
assessed by the cl,{ authorities at a valuation
possibly reach this value until at great e1.
pense i hes been aled 10 and made rart OF me
'ig to his f'rteuents. deems it now worth
very nearly 1900 an acre
the Astoria Gas Company has followed out
Ereciseiy the seneral policy which has Always
Sc.n 'oi'oWsa since III. Greater tel? New Yo5k
charter went into effect IN dsa ing with the Sc
1t furthermore appears, That within the last
Two years within the limits OF the Greater new
k At an 1'T Srsa S acre :'
Nr!t.. MIR grants wsr. o. .Id:n ten TO forty
G"d nSnsh . .9s Il
land asked for by the Astoria tomrany. for none
hs Ss Vi: % .ss LsS. !" sdv 1 IT,,
CIV has ever 80 much az considered the possi
nt.iv OF taking hold .. ana i'nptoTins this
II appears iur.hsrmors that only tho city or
the astoria Gas C,mnsny could lake
only "u ty anu payns It's tS value to The
Astoria Gas Company, l. further Appea;s
time in which 10 proc,ed had he boon merely
pnH qua To protect tie interests c. me city o.
f,rent sand in relation to the Astoria Gas
/ rhtlon OF great wealth and political power
"fh. Ai.orney;,c cneral's ONE has shown y.
bringing tho matter before the cuts for theiI
prompt ,onslderati"o and t"tsrmirnuon, hut
9,lico hNs bsen such. that tho test has ncyHr
! bean made such being the case, II appears
ane asson Of sSG ma hoard tS@ ay
New York can cone from II, ana on thu con
trary gceat benefit mus, enuro 70 the city be,
hGvr failed In doing "a It has done, would IN Vi
h""n wholly unwHrranted from The Standpou
: III ne State. and would havo been oi benefit :,
no one except wealthy rival corporation
Corporation Counsel Whalen ISSUED a state
position when h.. as chief law oicsr OF III,
= CITY, has taken Al regard g. tho grant.
In the slmo mail that sent latter To- tn,
! Attorney -Grneral IN regard to the Astoria
. | grant" said MIR. Whurn, Il sent another Il
J Gov, Roosevelt IN which urued him - siRi
v the pateuL AZ once did this 90 that tho gan
might be put mo such shape that ! coult
bring suit TO hivo the grant set aside. il
: order that this action should br begun, " WI
Z necessary that the transfer Shout. b', com
i ple'e. In this sui, the Iqpers tor witch ar
nov preparing, tho Astoria Company wilt b'
. tNe only defrudnn and by reason VI an Lgrea
o ment between A, y. BOARDING. BE-, Of council Il
the company. and myseI. the action will "a II
In tho courts I'm this county.
As to any remNIkS that the Governor maj
have made ub M me. | have nothing n SG Z,
y They art Tore IN :, the case under cOnsldrrA
u ton and are Of no importance IN dcterminirI
: the point ut is,pn. can only, repeat what
q said sun lay night, had to abandon the in
- junction proceedings because OF the uns"cml