Evening journal., 1905-03-15
ARGUMENT ON
BOUNDARY CASE
Messrs. Cooper and Bates
Opposed Ratification of
Compact
THE HEARING WAS SPIRITED
Special to The evening journal.

ahe inha.bitants Of the William Penn |
aNelve-mile circla and Joseph Ander- |
enn reprosenting the hundreds of Deia- /
a,are hshamen. made impassnnci /
pleas for the prosecution OF the suit /
before the United States supreme
Court.
Former Attorney-General Ward urg- /
cd the ratification of the compact now
before the legislature, declaning that /
dt could be considered no surrender on I
DolaVare's part when New jersey was
SUING ard offered TO abandon the suit
az certain conditions could be amicaoly
arranged without the expenditure OF
amy more money. dramatically op-
posfbe was the stand taken by Associate !
Counsel George IL. Bates and he ana
AHtcrney- General Richards hurled
manifestations at each other. Mr. Cooper
made a romarlSable address of one
h2ur during which he slid
MIR. COOPERsS ADDRESS
We have a title TO the Delaware
River and ane in honor bound 10 de-
fand Il under an circumstances. New
Jersey has thrown down the gauntlet
by bring the ,stslt II we are to go
down, let us go down in honor. New
Jersey not only oladms Mtlc to the
Da,awane River but anrogantly claims
exclusive jwisiiotion over all the Della
gV1ne river east of the center line.
'This compact soems 20 me, and /
speak respectfully perfectly Ridiculous
Gentlemen. do not Accept the report
urtil the main question OF boundary
IS accepted for N you do, YOU put I'm
Tho hands Of NuV Jersey "a legal weap-
ON thlt carr be used against us. If
we do. we might as we'll surrender at
once and assnax ourselves to New
Jersey.
"Ihis involves the lcsL validity of
all the. lands. 81 New Castle county
within THE twelre-miilo circle. If viii
liam Pcnns little WAS defective, our title
is defective. ] DO not say thut any
ihars srdoIs viii affect this property,
however.
"Whgt state an the Union is there
WITHOUT a wo,l-nNci and defined bound
cry on all sides? We clmnot fix ours.
eNccul On the counts. and why not Go
50 now when the case is about ready
for n decision. The question OF fish
octts is hut Incidental
OUR JURISDICTION
what we want. what we should
howe. wnat we deserve rs 20 have oar
eennni tsle and jurisdiction cg.ab-
lc'cd. IL we are ownefs and our rights
arc olcarly enea.blishcd. ve could make
any compact we might please. Then
our fined fishermen would have re-
dress.
AFRO those matters of sentiment. or
ore they real, vital, substantial ques-
icrs. If thcy ara ssr.ircnt they aro
prcclors scn0mcnt involving our
qghts. onr title, or hou2r state
pride.
lt irales my helrt burn with shame
Tor any6ciy to talk of dollars and cents
ln thia natter / for one. ana thllk
God there are many others width me,
who wolld drain the treasury of every
cert 20 prosecute this suit and then
would tiy to levy q special tax 70
car1y g ON. Let us maintain our hight
and honor, wherever, Whenever they
ere at stake. I ask this for the poor
iishmmen that are involved for the
rc1rlc 81 Delaware who live in the
circle, FOR the residents of the state
know of nothing more injuslols a.
0uc Sttte than the passage of this bill
II we 40 pass this bin we give to NoN
Jersey more than she ever has claimod
before
MIR. WARDS DEFENSE.
Ar. Anderson. in urging the Lexis.
lature not TO pass this bll. declared
that two Of his bouts with hshins
tacl1lc. wore conhscated by New
jersey and his fishermen were nned
Mr.. Wand spoke, in part. as follows
This cannot be "a question Of none,
when ttle Of the State Is involved IN,
suit was brought by New Jersey, ans
II New Jersey ahandons the suit hos
cam dt be said that Delaware has sur
n0nd0ed her rights. 1t Is not the cas-
of cur abandon'ng a suit we hav
brought
II have no doubt. myself. of the ut
of Delaware 20 the river The ques
tion IS wide ana involves many mor
questions. out OF this suit we hav
seen artse in the past two years cues
tlons that may be conclusive agains
Delaware. We have our answers filed
and hope and believe we Will win.
we bring here a compact which
preaiceted upon the abandonment b.
New Jersey I'm open court OF her sui
against Delaware.
Il say 10 you now that if II Is IN
desire Of the GenorM Assembly. tina
IL 3 IS orr desire that the case sha
he prosecuted ana you furnish IN
money. we will fsht the case TO IA
end.
-The question OF title. we submit.
taken ont Of the controversy by tn
present compact There is nothing
the compact which affects the bouns
airy lines or title TO the river or n
sub-aQueous son.
We did not attcmpt by this agrei
nlert to fix the boundaries of the IA
siatas. but left the title precisely whe
81 was. no question could auise ov.
the acccptance Of the compact. Wi
the express provision that dt should M
attest bo-ndaiies or title I subn
.that the compact excepts an ouestio
of title to land within che twelve-ml
c.rcle.
We have as a basis for our title 4
judgment Of one Of the create
chancelcrs IN England, even if d
tased on a proper title. We claim IN
our title Is TO a,l within the tu-el,
mile circle 10 low-wmter mark on I
New Jersey shore.
CONFLICTS WILL CONTINUE
80 bong as Delaware makes her on
fishery law ana New Jersey mai
her own fshary law there Will be cr
hicts between the two States. win
Wa continue until uniform fishing IA
aue enacted. This compact provl,
that mover again w0ud there be "a
mare arvcsis of DelnWnreans by y
Jersey Cor fishing. New jersey viii
rest her fshornen and Delaware \
ahuest hor residents. II this comp
Is ratified by Delaware It become.
connract which no General Assem-