Evening journal., 1905-03-08
WEDNESDAY. MAseH s 1905.
THE oELAwARE-NEw JERSEY
COMPACT.

nix OELHNN an "
COMPACT.
GONE time ago reference was made
y in these columns to the act now
before our Legislature to ratlfy the
proposed compact between the States
of Delaware and New Jersey. The
natter was then treated In a rather
jocular vein for we had not at that
time had an opportunity to study the
proposed compact nor 10 ascertain the
true status Of the suit between the two
states now pending in the Superior
Court OF the United States. BY rea-
son OF the differing views that have
been expressed upon the matter, both
publicly and privately and Of the fact
that It is unquestlonably a matter Of
public Importance, we have felt 1t our
duty to investigate the condition ana
status OF the suit now pending and to
examine this compact as a result Of
which II is proposed that this suit
shall be terminated.
Our investigation Of the matter has
convinced us that many Of the views
that have been expressed were predlca-
ted upon an absolutely erroneous un-
derstanding OF the matter. our pc
rusal Of the interesting letter which
appeared in Mondays issue OF the
Every Evening as well as the editorial
appearing In the same issue OF that
paper made Il clear 10 us that the
writer's thereof were proceeding upon
incorrect understandings Of the matter
for there appeared therein purported
statements OF facts which are not facts
az all. Indeed Il is strange that some
one Of Delaware's counsel in the case
or some one OF her Commissioners has
not made a public statement concerning
the matter for the general enlighten-
ment of the people
What is Claimed.
The record shows that the suit in
question arose by reason OF certain
laws enacted by the State Of Delaware
by which Inhabitants OF New Jersey
were required to pay a greater license
Zee for fishing than Delawareans. The
suit was brought by New Jersey and
an injunction was granted by the su-
preme Court restraining the State OF
Delaware from enforcing the execu-
tion Of those laws. Delaware very
promptly repealed the said laws ant
by such action eliminated that ele,
ment from the case. New Jersey in tn,
bill which It fled also claims title t,
the waters and underlying soil Of tn
Delaware river TO the aequum flae o
middle Of the stream for whatever dis
tance the yer extends between the twl
States whether within or without tn
twelve-mile circle. and that the west
ern boundary Of New Jersey Is III
middle OF the river. Delaware. on tn
other hand Of course claims to own IN
dise to the waters and the underlyin
soil OF the Delaware river within IN
tweive-mile circle TO low water mar
on the New Jersey shore. This latte
element OF title or location OF bound
airy is therefore the only question no.
involved IN the suit and is not the pr
mary question which caused the sui
which latter question as appears abov
was one OF fishery. Indeed Il appear
historically that all the contentious ths
have arisen between inhabitants OF n
two States IN relation 10 the river Ia,
grown out Of questions OF fishery. ]
fact we recollect within the last thr,
or four years the case OF Mr. AT
derson. OF Delaware City. whose bo;
and tackle were seized by New Jers,
authorities while he was on the cas-
ern side Of the river and trouble W
occasloned thereby. An examinati'
OF the proposed compact makes It pla
that not foot OF soil is surrender
BY Delaware to New Jersey nor inde
a gallon of water. Delaware Is ther
BY giving away none Of her territol
is conceding nothing TO New Jerse.
claim OF title. and is surrendering
valuable right In fact the propos
compact expressly declares that I
question OF title and boundary is !
attempted to be settled thereby hut
to remain in statu quo.
The Proposed Compact.
It is true that the compact does g
New Jersey authorities the right
servo certain legal process upon
Delaware river but this is mainly
connection with che proposed unto