New-York tribune., 1900-10-07
EXCLUSIVE RIGHTS TO RUN STEAM
BOATS on WATERS ABOUT NEW
YORK CITY GRANTED TO TWO
MEN-LONG LITIGATION.


ant to the elephant compared 10 the gigantic
monopoly created by several acts passed by the
New-York Legislature from 1857 to 1911, which
monopoly was strenuously supported by the courts
OF New-York, and 10 maintain which for the twenty
years it lasted NewYork appeared ready at any
moment TO plunge into war with New-Jersey.
Cornelius Vanderbilt. then captain OF the steam
boat Bellona, instrumental in smashing the
monopoly and upholding the peoples rights and
finally New-Jersey forced New-York to abandon the
scheme.
This large monopoly consisted of giving to two
men the exclusive right to run steamboats, on the
waters Of the East River. the waters OF the Hud-
son, up the Sound. over the bays and all creeks.
rivers and streams in the Jurisdiction OF NewYork,
and It given free by that State to Robert r.
Livingston and Robert Fulton. Livingston and
Fulton issued injunctions right and left to enforce
their exclusive control of the waters. and they
were highly successful in killing off competition at
one time tying Captain Cornelius Vanderbilts
steamboat Bellona to the wharf for three days.
Finally when New-York attempted TO control also
the waters in New-Jerseys Jurisdiction this State
took the matter up in earnest and eventually
forced New-York TO repeal the law. although the
discussion Of the subject was so warm that it
threatened at times
1t March 16, 1887, that New-York passed
a law entitled AN Act for granting and securing
to John Fitch the sole right and advantage OF max
ing and employing. for a limited time, the steam
boat by him lately invented" and after about
eleven years. or on March q. 179S. this act
pealed. Then April 5. 1903, steamboats, not hav-
Ing made much progress under John Fitch. New
York passed act entitled An Act relative to
steamboats," which killed few years later
and revived by an act OF April 8. 1907. The people
not yet having taken kindly to the steamboat,
many persons being afraid of them, the New-York
Legislature a year later, April IL, 1905 passed
a law for the further encouragement of steam
boats the waters Of this State, and for other
purposes" and then, on April 8, 1911. New-York
passed a law entitled AN Act for the more
efectual enforcement Of the provisions contained
in an act entitled, An Act for the further encour-
agement Of steamboats, on the waters of this State.
and for other purposes
The "and for other purposes" in the act of April
IL. 1908, passed by the NewYork Legislature by
unanimous vote, granted 10 Robert r. Livingston
and Robert Fulton the exclusive privilege under the
several laws of the State of New-York of making.
using, employing and navigating all and every
species and kind of boats water craft which
might be urged impelled through the water by
force of fire steam in all creeks rivers, bays
waters whatsoever within the territory or jurisdic-
ton Of the State Of New-York"
NEW-JERSEY PASSES LIKE ACT.
On February 90 1920 New-York and New-Jersey
having had many quarres TO who controlled the
waters between the two States. New-York contend
ing that she had title to, and consequently juris-
diction over the land beneath waters up to the
imaginary State line, and New York having en-
powered her Chancery Court to enforce the laws
giving Robert R. Livingston and Robert Fulton
exclusive control these waters. New-Jersey
passed retalatory This States contention was
that the United States had control of the waters
between States for the purpose Of fertilization and
navigation. and denied the right of New-York 10
stop any Jerseyman's vessel even If It landed at
New-York wharf
NewYork not only kept right on Issuing njunc-
tions and tying up vessels. but the legislative act
in describing the waters to be exclusively used by
Livingston and Fulton embraced waters admittedly
within the jurisdiction of New-Jersey, II New
York's contention of jurisdiction navigation
by of title to the lands beneath the waters
were admitted to be correct Then New-Jersey's
statute. which finally declared unconstitu-
tional, though for long time upheld by the courts
of this State, went New-York better, and
acted substantially that citizen of New-York act
ing under injunction issued out of Chancery in
that State. and acting within that State, could be
held accountable for injuries TO citizens Of this
State owning the property seized by reason of
such New-York injunction.
The history of the fight which broke up the Liv-
bagston-Fulton monopoly of the waters of New
York is told quite fully in the several cases report
ed in the New-Jersey law reports. The case in
which Thomas Gibbons John r. Livingston
in the form of action for trespass under the
New-Jersey statute of February 25 1920 probably
gives the best history of the steamboat legislation
and the great monopoly given to John R. LIVINGSTON
Gibbons sought to recover damages for being re-
strained and enjoined under order of the Court
OF Chancery of New-York from navigating his
steamboat in the waters the Bay of New-York
in the Hudson River between Staten Island and
Powells Hook. The case rectes the numerous acts
of the New-York Legislature. and also the fact
that Livingston had obtained an Injunction in
New-York against him. and the further fact of
Llvingston's exclusive right in the waters Of New
York under the several statutes of that State
Then Gibbons set out assignment by Robert
R. Livingston and Robert Fulton to John R. Liv-
ingston of the exclusive right to latter to navi
gate to any place within the city of New-York
along it to the south of the State Prison and the
Jersey shore and Staten Island which lies to the
south of Powells Hook Ferry, and to the south of
Sandy Hook. to wit. 10 Staten Island, Elizabeth
town Point Perth and South Amboy the River
Raritan up to New-BrunswIck"
CORNELIUS VANDERBILT A WITNESS.
Gibbons owned the steamboat Bellona of which
Cornelius Vanderbilt. who a witness in the
case was captain. After denying that Livingston
had a fact exclusive right to navigate run
steamboats, propelled by the power Of steam or
fire. the waters between the shores of New
York and New-Jersey. Gibbons admitted that his
New-York and his wharf in New-Jersey, at Hal
stead's Point, Elizabethtown, and that it
also ran the boat from ew-Brunswick to Eliz-
c butt he n9ed that tSe n 5Gncy
ton had materially injured his business by tying
up the Bellona whenever she crossed the imaginary
State line. He therefore prayed that the injunction
be vacated and he be given compensation for the
Captain Cornelius Vanderbilt swore that Gibbons
and always had been a coasting vessel regularly
enrolled and licensed under the laws of the United
served on him. he being the master Of the Beona
in in June 1872 & while al he was on board the boat and
ton was served on him Captain Vanderbilt swore
is26 Captain Vanderbit called an" on JoSn pri Iv
ingston and demanded to know what he intended
to do with respect TO the injunction that the
said Livingston declined 10 answer Captain
yanderbiit sh9wed IH that he was prevented from
for three days. and that her owner suffered great
Counsellor Stockton, who represented Livingston
d IN tne sult; 1i sld IN the argument My client Is