New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-10-21
CITY TO CLAIM MUCH LAND
CIRCUIT ASKS THAT SUIT BE BROUGHT
To RECOVER 2s5 MANHATTAN
BEACH ACRES.

Because J. Edward Swanstrona. Borough
President of Brooklyn while investigating some
Of the streets in Sheepshead Bay in his automo-
bile few months ago was held I'D and COM
PEELED TO pay toll 10 ride over the road leading
10 Manhattan Beach, the Manhattan Beach
Land and Improvement Company may lose 2S5
acres of land. which il now holds as part of
Manhattan Beach. This land belongs TO the
city, according to Controller circuit The cues
ton of the validity of the company's title 10 the
property might never have been questioned
had the tollgate keeper on that summer after
noon realized that it was Borough President
SWanstrom who demanded the right to go
through without the payment of toll.
Sure. and YOU won't be after going through
here unless you pay the TOLL persisted the
belhgerent little man. The toll was paid but
under protest
The next day Borough President Swanstrom
at once began to look around for way TO COM
pei the Manhattan Beach company 10 open its
private road TO the general public The com
pany after the exchange of much printed CORE
spondence. did make some slight concessions
but these did not satisfy Controller Csrout Who
continued 10 investigate the right of the COM
pany to collect toll The result of his investiga-
lions he embodies in the following statement
given out by him yesterday:
During my law practice l had some litigation
IOiottiS ~ III lt'WI OF OIldNSSend and the COM
mon LANDS thereof and have examined this mat
ter with the aid of such experience / find that
the Manhattan Beach Land and Improvement
company has appropriated 2S5 acres of land
Whlch l believe belongs to the town of Graves
END Inc land IN question acquired by the
Manhattan Beach people from the people of
the state OF New-York through the Land Com
missioners office in 1899 when as a matter of
TACT. the property belonged to the common lands
OF the town OF Gravesend through letters patent
made by William kieft in 1915 also Francis
Lovelace In 100 and Thomas Longan in 1886
All OF these charters included within their
ponuS the waters of Sheepshead Bay. the Co
lohlal legislature in 1861 passed an act confirm
ing these letters PATENT the constitution of ITTT
1921. 1876 and 1894 reconfrrned and Continued
the acts of the Colonial legislature. 1t has been
well established by decisions of the Court of
Appeals. principally in the case of Sage agt
the Mayor l.4. y. Y, pages 30. 81. 81 that
Where town holds grant of land under water
by Governor Dongan, the interest of the people
or the state in the land under water was con-
Veyed by the act of the Colonial legislature
which was in itself confirmed by the first consti-
tuition in 11I1.
Hence the State Land Commissioners had
nothlng 10 convey II all the land under water
winch was obtained by the Manhattan Beach
Land Improvement Company in their deed from
the state OF New-York in 1895 belongs to the
all the money which that property would be
worth. and which the Manhattan Beach Land
and Improvement Company should be COM
PEELED TO pay for it TO the city of New York
would inure 10 the benefit of the people of the
town OF Gravesend and liquidate the bonded
Indebtedness OF said town. have requested the
Corporation Counsel 10 take legal PROCEEDINGS
city.