Every evening, Wilmington daily commercial., 1906-03-02
AeaIn ID Doundary 0uaatIon.

LoN TIDE thia afternoon 70
Again the Boundary Question.
The report Of Mr.. Francis Rawlo, the
commissioner appointed by the Supreme
Court TO take testimony IN the action
brought by the State Of New Jersey
against the State OF Delaware, over the
matter Of the boundary line between the
two States In the Delaware River, and
Involving the validity Of the Twelve
mile Circle, is printed elsewhere in this
issue. There Is little IN the report, aside
from the citation Of the compact entered
into between the two States, that is Of
importance, but that little is Of great
interest
The causes that led to the Supreme
Court action began nearly thirty years
ago, when tho Delaware authorities caused
the arrest Of number Of New Jersey
fishermen for fishing in the Delaware
River within the Twclve-mile Circle with
out having taken ont a Delaware license,
rs required by Delaware law The State
Of New jersey denied the jurisdiction
Of the State Of Delaware beyond tho
middle of the Delaware River. and dis
puted the validity Of the Twelve-mile
Circle. The 1welve-mile Circle, 10 will
be well remembered, is the northern
boundary of Delaware, as outlined in the
grant Of the territory by the Duke Of
York. and its centre Is a point within
the limits Of the City of Now Castle. The
circumference Of this circle, Of course,
extended into tho State Of New Jersey
for considerable distance, but. by
mutual agreement. years ago. the State
Of Delaware surrendered an claim 20 any
territory on tho other side of the river,
fcering jurisdiction, however to low
water mark on tho New Jersey shore
within the Twelve-mile Circle.
Such was the status which was rudely
disturbed by tho appeal Of New Jersey
to the supreme Court Of the United
states, and that appeal after yoam Of
waiting was almost ready for final argu-
mcut and determination, whom the Lcgis-
aiurc OF Delaware, ut its last session, by
an act Of surrender which Every Evening
then opposed with an les yieor, and which
IL still holds to have been a lamentable
mistake, abandoned this States position
In the legal contest, and entered into the
compact which is included in Commits
sionor Rawlo's report This compact.
it will be observed Is in the nature Of a
truce, so far as tho disputed boundary
question is concerned, hut the concession
ON the part Of Delaware is as complete
as though 10 had formally surrendered
nll the claims 20 jurisdiction within the
Iwolve-milo Circle. For il IS pledged
by the compact 20 an equal use of the
river and 10 uniform laws for the rogu-
lation Of fishing therein by the inhabi-
tanis Of both States
Tho manner ina which this ignoble sur
render was effected BY those who favored
Il, as was pointed out by Every Evening
ct the time, was highly discroditable, to
say the least Beaten overwhelmingly
in the argument, the promoters of COM
promise and surrender rosortod TO par
tisan tactics. The Legislature was Re
publican IN both branches, and they
represented the compact as a Repuhli-
can partisan measure, which Il was not.
even undet the most strained construction.
But ior this partisan move the compact
would hardly have received a single vote.
Cnder partisan pressure, however. il re-
ceived the votes most of them east with
extreme reluctance of every Republican
member Of the General Assembly save
one. That exception. Representative 4.
J.. Wilson. came from New Castle. and
he preferred 70 truly represent his con-
stitucnts rather than prove false TO them
through a sadly perverted notion of party
fealiy.
Tho leading argument Of the advocates
Of compromise and surrender was that
n continuance OF tho litigation in tho
Supreme Court would be a lengthy and
costly proceeding involving many months
of time and a large expenditure Of money
in the taking and printing OF testimony
But the report Of Commissioner Rawl,
is conclusive in refuting this contention
"lhe taking Of testimony he saws
"was proceeded with until February Sd
1905; at this time the defendants proof.
had been substantially, though not en-
timely, completed Thus. it win De seer
that 81 the time the Legislature OF Della
ware was being asked. on ihe plea o.
avoiding a waste Of time and money
TO abandon what "A great majority Of IL
citizens believed 20 be a just and Lawful
position. proceedings in the issue wen
very close TO the stage Of final detcmi
nation. lhe taking of testimony wa
wei nigh completed. The defendant
n piil also DE seen ly Mr Rawlos rcpori
had been ordercd TO close It's eyidenc