The sun., 1901-04-17
ASTORIA GAS GRANT GOOD.
CONSOLIDATED GAS co. WINS ~ THR
HIGHEST COyRT.
state Land Board Had Power 20 Grant the
Lands Under water and New York CIT,
Dock Boards FunctIons Were Adxlsory Only

ALBANY. April 10 - Tire Court ofNAppeals
has affirmed with costs the order Of the lower
courts in the appeal OF the city OF New York
from decision sustaining the State Land
Board in making grant of 95iS acrcs of land
under the waters of the East River in Queens
borough, New York city. 10 the Astoria IAght,
Heat and Power Company The Question
Involved was whether the Charter OF Now
York transferred from the State Land Board
20 tho Department Of Docks Of that city luris-
dction over lands under watrr within the
corporate limits OF New York city Tho
courts havo decided tha, Jurisdiction was nor
transferred to the oity Dock Board Judge
Bartlett wrote tie opinion of the Court Of
Appeals in which all the otncr Judges CON
CURED The opinion says:
The question presented for consideration
ia whether under the Charter Of Greater Sew
York tho state Land Board has the power to
| determine Notwithstanding the protest Of the
New York city Dock Board. that an application
Of n riparian owner for land under water
shall be granted
III IL was tho intention ot the Legislature
TO deprive the State Land Board Of the power
10 make grants Of land under water 10 ripar-
ian owners In New York city unless the Dock
Board consented. It should have been e1-
pressed In clear and uninistakabe language.
No such intention is di'closed In the Charter.
The Dock Board is empowered 10 inquire
whether the rights or interests Of the city
are injuriously affected by any proposed
grant OF land under water in the city. and to
report 10 the Land Board It's conclusions,
which board shall insert such terms and
conditions In the grant as are recommended
by tho Dock Board 10 protect the public
interests Of the city. not IN any vague or gen
eral way. but In respect 20 navigation and
commerce No power Ia conferred upon
the Dock Board 10 determine whether grant
shall issue. but the board IL confined to recon-
m-nding tho insertion Of such terms and con-
dItions as will protect the public interests
Of the city In respect 10 navigation and com
meroe. The functions OF the Dock Bonrd are
purely advisory.
''lt Ia the duty of the board to examine into
each application and to report "a conclusions
to the Land Board. which board IL bound 20
give careful consideration 10 them. but tho
power rests with II 10 ultimately dptermins
whcther the grant sha issue end TO decide
upon its terms and conditions The con-
struction Of the New York Charter As oon-
tended for by tho Corporation Counsel would
strip tho state Land Board Of all Judicial
powers A. 20 lanu under water IN New ork
citv and reduce its members TO mere minis
terial officers TO execute tho expressed will
OF the Dock Board Of that city"
Tn. litigation which "a thus terminated
originated in an Application MADE by tho gas
company m tho spring Of 1899 10 the state
Land Board for grants Of four pRrco,s Of land
under water adjacent 30 the upland- recently
purcll-"d tv the company at Lawrence
four The State Land Board granted the
luid for S3637. Meantime tie city HuthoIl-
authority 10 grant the submerged land In
question was not complete Ia tho state Land
Board Nithotl, ia" assent Of t." Dock BnHIl
Mir Harrison I GaVtrv, President ~ tu'
Consolidated Gas Company, said OF the de-
c!-on last evening.
~ l. merely tho compilation or our ti'la
10 tho upland property hy removing tho last
OF tho legal Ob-tH,les raised II was a y"ry
simple matter No bought th" land next
To- tho wa'or, and merely wanted our riparian
rights confirmed When We paid - unl
for the land under water we paid about tur.u
times too much for II Nobody could mako
use Of the land for dock purposes without
enCroGching upon u.s. and so n Wqs ~ no lI-o
TO anybody but u- When tho matter f'r-t
came up there was n great deal of foolish
tHlk in somc Of tho newsphpcra and erroneous
virN, WprN CraHtad thereby A. soon Rs the
mqttar was understood 'he jls'icc u uur
position was 40 OupN recognized The do
,i-lOn INeAuI nothing 90 far rs affecting any
81 our plans are concerned II amounts
60 little mora than tine definite settlement
Oi u fechN'cllrv