The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1901-07-16
CRAC|N'S PLAN
Report of Harbor Line Board
Killing the Pretty
Little Scheme.
GOVERNMENTS OWNERSHIP
May Want the Lands Under
Water Itself Some
Day.

The Rijarian Commissioners have just
received from Secretary of War Elihu
Root copy of the report of the Harbor
Line Board on the application of Edward
F. Cragin for the right to build an trti-
fetal island in the Bay between Ellis and
| BedIoe's Island. After setting forth the
application of Mr.. Cragin and the various.
hearings which were given on the SUBJ
/ ject and then goes on to say
At this final hearing Mr. Cragin SUBJ
mitted plan of proposed island differ
| ing from the one shown on the plan at
tached to the Riparian Commissions APP
plication of May "a. 1900, Mr.. Cragin's pur-
pose, as originally stated for the estab-
lishment of Freight Clearing House"
having apparently been changed to pro-
vide only for the construction Of a Dry
Dock and Ship Building, Plant
| 1t was also noticed at this final hear
! ing that Mr.. Cragin's counsel confined his
/ arguments to he uses his client expected
to make of the northern portion of the
| proposed artificial island lying adjacent to
+ Ellis Island, leaving the Board to infer
! that some other interest, not mentioned
might later wish to use the southern por-
| tion. contingent on the granting CT the
Cragin application.
/ At both the hearings given by the
Board in this matter the formation or
an artificial island was strenuously OPP
posed by the Pennsylvania Railroad Com
pany and many other riparian owners in
| the vicinity, and since the last hearing
! the government of the City of New York
| has. through its Corporation Counsel, filed
| a written protest with the Board against
the granting of any modification of har-
/ Dor lines ssto the Riparian Commission OF
New Jersey which will permit the build
ling of an artificial island between Bed
/ loe's and Ellis Islands. This latter paper,
which is herewith inclosed marked C.
/ confirms the conclusions regarding the.
construction of an artificial island which
the Board had already reached.
| An opportunity has been afforded by the
Board to Mr.. Cragin, through his counsel,
| to reply to this protest, but the offer has
been declined.
| notwithstanding the wide publicity
given to the final hearing no person ap-
peared to advocate the creation of the
artificial island except Mr.. Cragin the APP
plicant and the Board is therefore con-
strained to assume that there is no public
demand for it.
The Board has carefully considered the
subject in all its bearings, and has ar
rived at the following conclusions
The establishment of harbor lines under
the law Is for the purpose of preserving
and protecting harbors. and the applica-
ton of the law is evidently concession
to riparian owners or a compromise be-
tween the right of the public to the free
navigation over submerged lands on the
one hand and the demands of riparian
owners to reach navigable waters by
construction of bulkheads, wharves and
docks. on the other. The use of navigable
waters by the public restricts riparian
rights. and the establishment of harbor
lines has the practical effect of permitting
the riparian owner to utilize, within given
limitations, lands under water subject
to the laws and regulations of the State.
The Board as it understands the law
contained in the River and Harbor Act
of March g. 1899, doubts its competency
to recommend the alienation of any part
of the water area of the harbor OF New
York, by the building of bulkheads around
areas not in land connection with the
shore. and the filing in thereof with solld
material, thereby creating in fact an ar
tificial island, with its accompanying RI
parian rights, which the Board believes
can only be authorized by specific act
of Congress.
The Board considers its powers and du-
lies to be restricted to recommendations
as to the limitation of existing riparian
rights where their application would en-
croach upon the rights of the pubic IN
navisable waters. and that these powers
and duties do not extend to the drawing
IF harbor lines which would practically
authorize the construction of a1tiflclai
islands accompanied with new riparian
rights. even though located in shallow
waters or upon shoals.
If the power existed in any executive
officer of the United States to authorize
the obstruction of the ravigable capacity
or ammunition of area of harbors by the
building of artificial islands, the power OF
destroying harbors would be In his hands,
which we do not think Congress intended
The United States owns Bedloes and
E,us Islands. using them for national pur-
noses and is therefore entitled to what
arevr rights and privileges belong to the
r;narian owners in the lands under water
around and between these islands. 1t Is
not only possible, but probable that in the
near suture the United States may wish
| TO use these lands for public purposes,
or may dredge these areas in order to ex-
| tend anchorage grounds in the upper har-
| hor. and for this reason alone there
should not be granted proprietary rights
| on these lands to private parties.
Furthermore, even If the law permit
| ted the creation of an artificial island be-
! tween these islands to be used for private
purposes, the Board is of opinion that for
| the above reasons public expediency
would condemn the construction of such
an island.
| In view of the foregoing, and after
| full discussion and careful consideration
of the subject, the Board recommends
| that he application Of the Riparian Conn
mission dated May "a, 1900, for modifca-
ton of the existing harbor lines between
Ellis and Bedloes Islands in New York
Harbor, be not granted.
=.