New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-12-27
GOVERNOR SIGNS GRANT.
ASTORIA COMPANY GETS THE LAND IT
ASKED FOR.
WHALEN's SUIT FOR AN INJUNCTION Dis
CoNTINUED-RoosEVEL LETTER
TO THE COMMISSIONERS.
[BY TELEGRAPH TO THE TRIPUNE.l

Albany. Dec. ZD.--tIOVernOF HOOStFNiN S'bHS~
to-day the patent issued by the State Land
Board TO the Astoria Light Heat and Power
Company, granting It 1G12 acres under water at
Astoria at an average price Of 500 an acre.
Previous to signng the grant Governor
Roosevelt was informed by Attorney Generai
Davies who Is a member Of the Land Board'
that Corporation Counsel Whalen Of New-forK
had written him a letter announcing his lnten-
tion Of discontinuing the action brought by him
in behalf Of New-York City against Governor
Roosevelt and the members OF the Land Board
for an injunction to restrain them from making
the grant.
Deputy Attorney General Coyne stated TO the
Governor that he had appeared before Judge
Chester, Of the Supreme Court. and given ms
consent to a dscontnuance of the suit OF the
city Of New York. Corporation Counsel Whalen'
/. may be added has indicated his intention 70
contest in the courts the right OF the Lana
Board and the Governor to make such grants
of land under water along New-forks shores'
arguing that the Department Of Docks has the
control of these lands.
Governor Roosevelt stated this evening tha'
he had been informed that the Astoria Light,
Heat and Power Company would renew its at
tempt before the Legislature during the coming
session to obtain the legal rights 10 construct
tunnel beneath the East River from the gas
works IL intends to construct at Astoria, on Long
Island. to the opposite New-York shore. In this
tunnel would be placed gas mains for the seho-
ing OF gas from Astoria to the various gas COM
panies in NewYork.
Flihu Root. the Secretary OF War, ii will be re-
membered pressed the bill Of the Astoria Light'
Heat and Power Company before the Assembly,
Committee on Cities last winter. Henry l..
Stimson. a member of Mr.. Roots law nrm' was
here to-day to see Governor Roosevelt ana iearn
from, him what bill framed in the interest OF the
Astoria Light Heat and Power Company "ouio
receive his sanction There are certain prn-
ciples it is known. which must be followed IL
the bill is to receive the Governors approval.
One is that If the Astoria Light Heat anu
Power Company is to receive the right 10 con-
struct tunnel other gas corporations iss nus
have the same privilege. The Governor WouIu
not have signed the bill Of the Astoria Lient,
Heat and Power Company whlch passed 'ue
Assembly this year, because. In ms OPINION, :.
d,d not secure the city of New-York suinclehI
cononensation for the franchise conferred. Iho
Governor believes that this defect has peen
cured by the Franchise Tax act But thsIe
were other defects OF the defeated Dill or tne
Astoria Light Heat and Power Company whiCh
must not be in the new bill If II is 10 receive tie
Governors signature. For instance In the Ios
ernors opinion il was so worded that py ieas-
inc other gas companies the price OF gas III
New-York could be advanced by the As'orIa ne
Light Heat and Power Company. lnen tne
condemnation authority granted by the ae'. '''o
Governor thought should be strictly limited, as
in the case of railroads, to the purposes VI W.
gas company. The Governor Patene P ~ 20 90
Astoria Light Heat and Power Company was
forwarded TO the law firm OF Tracy boaraSa" SaaN
e Platt the attorneys of the company. py oeo-
retary of state McDonough to-nieh''
THE GOVERNORS LETTER.
Governor Roosevets letter to the Lana Co,n-
nissioners giving his reasons FOR SIGNING '"o
patent issued to the Astoria Light meat a'N
Power Company for the land it desires at Asto-
ria is printed below:
Gentlemen have looked into ,bthhssoaahy ths mff;er and
Eegald @ a ~ re the conclusion not only that yons
acton was entirely proper ana that tle sad bsve
been grave and fragrant wrons,so gross nat some
as to be expcabe only on the 20 tb ctv or the
State Was to subserved II appears .hs yae
r5cb II has NOT been the emorial custom OF tne
State to grant IN such cases ana naJ 20 nada it
70 make the grant in the way you naye na%e n Jour
/ tou would have been ineXcusaby derenct III SVua
duty 1t is a matter OF common no'orie' 'romensa
ciiniarv interest in securing REFUSAL Of Justice
the Astoria Ia Gas 5 SG@Raq counsel the city
/ Of Vew-YOrk in writing me about this eEanI a.,
rnerence to any previous grant and in urging that
take action In reference 10 IL sucn @ az sgtgesteS
that | take in reference to an" other grant, mace
It necessary for me to communicate VIII" YOU q"
! ''o SIMPLE CASE
The case IS perfectly simple appears that the
State Of NewYork has always e%erciSedd Ss such
/ over lands like these in question ana & InaI s haen
right OF ownership over these ands has nTySe n
pears that the only private owner who has Tshs
to enter into possession ot tneSe ar6 thai the
public authorities can enter into posseSsiTGm G o'y
6y paymg 10 . Of cases for indefinite number
of years the has exercised the rgnt OF grant. @
For instance in the ten years from 1884 70 1894 the
average grant Of land under Wdtsr ~ W,St, n ,bat
limits Of the present Greater New-York sncn as .nae
desired by the Astoria company was & n'dpe ipe nrcs
price Of about 9 50 an acre; scg ss two Years the
price of these lands under water in the Greater
small fraction OF an has been sold the price @
has sometimes been more tnan i T,s' nou O gTanted
to the Astoria company has been sold oy the s6ste
as high rate as 1t nov Gesf been the ' policy OF the
State and ii obviously the proper policy 10 pu,td d
not desire to acquire land itself for purposes OF
p to m se be action % OF the present Land
Board the custom TO make these grants WITH VIII
4Se Se wsd re Of making the grant condition
that il lapses within fixed period unless ed tne ,nr
Hnaep b purposes set forth in the The Land
has Were S he to aad saah
purpose OF improvement 1t is my belief that me
With risht of renewal 1t does not seem TO me
that yet would be wise to ntr9nseG H me me anS
and builds docks. warehouses or similar structures
upon II.
SIMILAR GRANTS MADE.
Within the last few months the state mas made
numerous grants within the limits OF Greater New
! grant and OF tracts OF land OF about the same
Size siS"' The conditions under which these grants
s%o siSc haen made have been more favorable TO the
grantees than the conditions under which the AS
~" I, n56rther appears that the land within the limits
- ,he & Grcater New York along the shore line OF
he territory on both sides OF the Astoria grant was
granted to private owners Of the adjacent upIands
t1wenty-six and twenty-eight years ago These
nontS were then made for about 81 acre-a
merely nominal sum. The Astoria grant Is made
~ saso Ar acre on condition that within five years
~ In mnrovements shall be well under way. The
contention OF the Corporation Counsel that the priv
tIe1e granted is of such enormous value that the
IIeen acres are worth about S,Ooo00O Is so absurd
siNNNN' 80 discussion. OF course