The Penn's Grove record., 1903-02-20
s@ousDAl DIsrggH WITH

attorney Geh rial Wards AuAFcel
To The ID aware Legislature.
Attorney Gel raj Ward addressed ths
Delaware Hous on Tuesday concerning
the c~ontroversJ between the States O
Delaware and j CIV Jersey over the terri
ftorial jurisdictiJ q in the Delaware Rivel
within the I2-n lie circle. AT his request
the General Al embly had appointed 9
! joint committed to advise with him con-
corning q posi- liz settlement Of the con-
troyersy outsid& Of tile Supreme Court Of
the United States. where the case now is,
and Representative Holcomb had raised
the question Of whether or not the COM
mittee could settle the controversy with
out first reporting on the subject to the
General Assembly. Mr.. Ward made q
statement which dispelled Representative
Holcomb's fears, saying:
AT a conference between the attor-
neys-general . New Jersey and Delaware
1t was suggested that each official go to
his Legislature and, through the appoint
ment of a committee, endeavor to get the
sentiment Of his State as to the advisable
lSy OF settling the suit in the interests OF
both sides. The Delaware committee
was authorized to advise with the attor-
ney- general, and was limited in its scope
to that extent. The resolution provid-
ing foH the appointment of the commit
tee did not empower the committee to
settle the controversy. Settlement can
be effectird only by an act of the General
Assembly Of each OF the States concerned
and an acS Of Congress. My idea in ask
ing for thd committee was to get men
from the Legislature to safeguard the in
terests of the State and secure their ad-
vice in the matter. At present no pro-
position of settlement is pending, but I
wish to know what ground to take.
Should the General Assembly direct me
to prosecute the case, l would obey; but
could not follow any suggestions Of the
committee to that erd unless backed up
ny iCStcldtlVt ulTocblOL.
Il cannot say when the case will come
up IN the Supreme Court. It was begun
about 30 years ago; a bill was filed %
years ago, and the case slumbered until a
few years ago, when the Chief Justice of
the Supreme Court informed State off
Gals that it Lad been pending a long time.
| filed Delaware's answer, and two years
ago-th General Assembly instructed me
to prosecute the case and defend the title
OF this State to the territory in question.
The answer was followed by areplication,
and now the case is at issue. The next
step will be the production of testimony.
The title is an old one. running back to
the time the English sailed into New
York hafbor and governed the State of
Delaware from New York. In order to
prove the title, Delaware will have to get
original documents from Albany and
London, II perhaps can get a limited
number OF records from the prothonotar-
les OF the different counties. New Jersey
as the complainant, must first prove her
case; but before two years have expired
Delaware will have to spend considerable
money, and | propose to have introduced
an act providing for the sinews Of war.
1t will cost money to get the original re-
cords or certified copies. Of the 81, 200
appropriated two years ago, $500 to $500
have been spent. The case will be prose-
cuted as rapidly as possible. Meanwhile,
there is an injunction upon this State to
prevent her interfering with the fisher
of New Jersey in their half of the
river"
Mr.. Holcomb spoke against any com
promise, either as to allowing New Jer-
sey fishermen half the river or accepting
five million dollars, because the Delaware
fishermen might as well go out of bust
for Delaware fishermen could not
fish witho, drifting across to the New
Jersey half of the river. He remarked
that people not close to the subject look
upon it as all academic question, whereas
is OF vital concern to the fishermen.
Fish and Game Warden Thos. J. Tor
ton spent Monday night in Trenton and
was present on Tuesday at a conference
between Attorney General Thomas N.
McCarter and Senators James Strimple
8
and Thomas MI Ferret. Mr.. McCarter
said it WOULD cost the State from $14,O 900
SIG, 600 to get copies of old records and
defend the fishing right of New Jersey to
the eastern channel Of the Delaware. He
thought the best way u would be for
New Jersey to pay Delaware $l5,O 900 or
$40, 600 to settle the dispute and agree to
allow all fishermen the common right to
fish subject only to the Sunday and close
season law. Senators Strimple and Fer
rell concurred in the opinion.
Escaped an Awful Fate.
Mr.. H. Haggins, of Melbourne, Fla |
my doctor told me had Consump /
ton and nothing could be lone for mo