The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1903-03-04
STATE FISHERIES
COMMISSION.
New Jersey and Delaware
Name Men Who Will
End the Litigation.
DISPUTE OF THIRTY YEARS
Governor Murphy's Letter
Explaningthe Differences
and the Designs for
Settlement.
DISPUTE OF THIRTY YEARS
Especial to ssThe Jersey City News. .

Especial to saThe Jersey City News y
! TRENTON, March 4, 1908. TAe
States of New Jersey and Delaware
have named special peace commissioners
to terminate the fisheries war which has
been on between them since 1871.
The New Jersey Legislature Monday
named Governor Murphy, Attorney Gen
eral Thomas N. McCarter and Clerk in
Chancery Edward c. Stokes as its spe-
cial commission, while Delaware is to be
represented by its Governor, Attorney
General and the special counsel who has
been carrying on the litigation for the
past thirty-two years.
The naming of the Commission fol-
lowed a special message sent to the Leg
islature by Governor Murphy, reciting the
troubles that led to the war over the
boundaries, which have become matter
of litigation in the Supreme Court Of the
United States. The resolution was intro.
duced in the house and rushed through
both branches of the Legislature under
suspension of the rules. 1t is the ex-
pectation to have a bill fixing the boun-
dairy line prepared at the earliest possible
date and passed before the end of the.
session.
Governor Murphy's message follows
Trenton, N. J., March 8, 1903.
$40 the Legislature:
I'm the year 1871 the Legislature of
the State of Delaware passed an act en-
titled "An act for the protection Of fish
ermen" in and by the terms pf which
it sought to prohibit non-residents from
bay within the litnits of the State of
Delaware without obtaining license
therefor from the State of Delaware.
subsequently certain residents Of this
State were arrested by the authorities
of Delaware while fishing on the easterly
side Of the Delaware River, for alleged
violation of this act, the State of Della
ware alleging that her title extended to
low water mark on the New Jersey
shore of said river and not to the middle
thereof or the mutual boundary line be
tween the two States.
In the year 1877 the State of New
Jersey fled its bill in the Supreme Court
of the United States against the State
of Delaware to enjoin the State of Della
ware from enforcing the provisions of
the above mentioned law against citizens
of New Jersey and to have the boun-
dary line between the two States de-
fined.
"A preliminary injunction was granted
by the Supreme Court to the State of
New Jersey. Under authority Of both
legislatures commission of distinguished
citizens of each State was appointed for
the purpose of adjusting the controversy
if possible but their. efforts came to
,naught. The suit then remained in statu
quo for nearly twenty-five years until
about year ago, when the State Of Del
aware filed its answer to the bill of COM
plaint Of the State Of New Jersey and
has served notice of its intention 70 in
sist upon a disposition of the case.
sThe Attorney General has been for
several months in communication with
the Attorney General of Delaware with
reference to this suit. with reference to-
an amicable settlement of the controversy
if possible. These conferences finally
reached point where the respective At
torney Generals thought it wise to bring
the matter to the attention of the Cover
nor of Delaware and myself.
Last week, accompanied by the Attor-
ney General, attended conference in
Philadelphia, at which the Governor Of
Delaware, the Attorney General of DeIa-
ware and the special counsel of the
State Of Delaware in this litigation were
present.
"The discussion was most harmonious
and am very hopeful that the matter,
can be adjusted without she continuance
Of the litigation the labor and expense
# which would be very great, the means
Of securing the necessary evidence ex
tremely difficult and the decision impes
sible to forecast with accuracy. Al re-
suit Of this conference the House Of
REPRESENTATIVES of Delaware has passed