The Penn's Grove record., 1903-02-13
THE DELAWARE FISH. WAR RE
CALLED.
Delaware Slow in Proving Ownership
. to 10 Mile Circle.

Governor HUM, on Wednesday Of last
week, transmitted to the Delaware Legis-
lature a message concerning the suit be-
tween New Jersey and Delaware, pending
in the United States Supreme Court which
document was accompanied by a letter
from Attorney General Ward.
The litigation relates to the territorial
limits and jurisdiction Of Delaware. It
grew out Of legislation by this State pro-
hibiting persons not citizens of Delaware
from fishing within certain li~mitsclaimed
to be within the exclusive jurisdiction of
his state and oyer which limits the juris-
diction of Delaware has from time imme-
| mortal been asserted and maintained.
The act in question was passed March %,
1871, and the jurisdiction is that claimed
by Delaware over the waters OF the Della
| ware River to low water mark on the
| New Jersey shore within the limits 0 the
12-mile circle having its centre at the
| Court House in New Castle. The en-
forcement Of the act by the arrest of citi-
zens of New Jersey engaged in fishing in
that portion Of the river, lying within the
12-mile circle was promptly opposed by
] the the authorities of that State, with a
jurisdiction over the river east ofthe mid
die line and of the legal right Of her citi-
zens to fish on the river without the Ii
cense OF Delaware either within or with
out the circle.
Both States named commissioners to
settle the dispute, but they failed to reach
a satisfactory basis of settlement and in
1875 the Delaware Legislature decided
that the Delaware Commissioners, having
fully performed their duties and reported
the results of their labors, were relieved
of further duty. The license laws, which
had been suspended, were continued in
force, and on March 18th, 1877 New Jer-
sey filed a bill in equity in the United
States Supreme Court to restrain Della
ware from the exercise of its jurisdiction.
Delaware went into the defense of the
suit, and the late Thomas F. Bayard,
George Gray and George H. Bates were
appointed counsel. MI. Bayard withdrew
as counsel when he became Secretary of
State. Mr.. Gray has since become Unit
ed States circuit Judge and Mr.. Bates re-
mains.
In 1901 the Grand Assembly reiterated
the authority of that state to defend the
suit to its termination, and Attorney-Gen-
eral Ward filed Delaware's answer in the
United States Supreme Court. The case
has now arrived where proof must be pro
duced, the presumption of which entail
ing the production of ancient original
documents, some in London, Eng, and
some in Albany, N. Y, will be expensive.
On January 9th, last Attorney-Genera
Ward, Acknowledgement McCarter OF
New Jersey and George II. Bates, associ-
ate counsel for Delaware, had a confer
ence to expediate the progress OF the
cause. Upon a full consideration of the
difficulties and probable cost of the pro-
duction of proof, and OF the history and
bearing of the controversy upon the citi-
zens of the two States, it was agreed to
attempt an equitable determination and
settlement OF the rights of the two States,
In the disputed territory and, if possible,
to adjust all differences arising out of
Delaware's territorial claim. 1t was
agreed to confer with the executive and
legislative authorities of the two States to
ascertain their sentiment on the subject.
Although having a well grounded hope
that Delaware would be ultimately sue
cessful in the suit, Attorney-Genera Ward
says, "Yet if the entire controversy be-
tween the two states can be settled out of
court in a manner creditable and s~atisfac-
tory to both States, it would seem the
part of good reason to attempt to make
| such a settlement"
Gov. Hum recommended that the
Legislature appoint a joint committee to
confer with the encouragement and
special counsel concerning the proper dis
position Of the controversy.
NO COMPROMISE.
After reading Gov. Hunn's message on
the 4th, a resolution was adopted by the
Delaware Senate and House at Dover,
| providing for a joint commission consist
ing OF three Senators and three Repre-
sentatives to advise with Attorney-Gen-
| eral Ward and associate council relative
to the disposition of the dispute. It was
opposed by Representative Holcomb who
introduced a resolution last Monday that
the committee shall not have power to
compromise the dispute. Action was de-
ferred on Holcomb's resolution until next
Monday.