Every evening, Wilmington daily commercial., 1906-03-02

The matter of the dispute between the
States OF Delaware and New Jersey over
the boundary line between their re espective
territories in the Delaware River within
the lwelve-Mile Circle, is revived bv the
report to the Supreme Court of the United
States OF Francis Rawle. the commissioner
appointed TO take testimony. The full
text OF Mr.. Rawle's report, which was sub
mltted to the Supreme Court last week
is as follows:
In the Supreme Court Of the United States.
The State of New Jersey, Complainant,
VS.. The State OF Delaware Defendant.
No /. On glnal
To the Honorable the Chef Justice and
the Associate Justices OF the supreme
Court OF the United States:
The commissioner appointed by the
court in the above case respectfully reports
as follows:
BY a supplemental order OF the court.
dated January 3D. 1905, it was ordered
that the defendant should close its evi-
dence by the first day of March 1905.
that the rebuttal evidence should be taken
by the first day of June, 1905. with a
further allowance until the first dav of
July, 1905. for further evidence on behalf
Of the defendant, and that the commits
sioner should file his report on OF before
the first day of March, 1906.
The taking Of testimony was proceeded
with until February Sd, 1905; at this time
the defendants proofs had been substan-
TALLY, though not entirely, completed.
Subsequently counsel presented to the
commissioner evidence of certain legisla-
tive action by the State Of New Jersey
and the State OF Delaware, respectively.
looking to the termination of the present
litigation, though leaving the question
OF boundary unsettled:
The Legislature Of the State of Della
ware by a joint resolution approved Feb
ruary 18th, 1905, appointed four COM
missioners to confer with like commits
sioners appointed by the State Of New
jersey Tor the purpose Of framing COM
pact or agreement between the said States
and legislation consequent thereon. to
be submitted to the Legislatures OF said
two states for action thereon. looking to
the amicable termination of the suit be-
tween said States now pending in the Su-
preme Court of the United States and the
hnal adjustment Of all controversies re-
ating to the boundary line between said
states and TO their respective rights in the
Delaware River and Bay" Delaware
Laws, 1905, p. 1872
On February 18th, 1905, a joint resolu-
ton was passed by the Legislature of the
State of New Jersey in the same words
mutatis mutandis. (New Jersey Acts,
1906, p. 5Ds.)
lhe commissioners subsequently agreed
upon the terms of a Compact between
the State of New jersey and the Stale Of
Delaware relating TO the boundry con-
troversy between said States, which
Is as follows:
Whereas, A controversy hath hereto
fore existed between the States of New
Jersey and Delaware, relative to the iuris-
diction OF such portion Of the Delaware
River as is included within the circle of
2 miles radius an arc Of which constitutes
the northern boundary of the State of
Delaware, and it is the mutual desire Of
said States to so settle and determine such
controversy as to prevent future COM
plications arising therefrom; and
Whereas, There is now pending in the
Supreme Court of the United States, a
cause wherein the said State of New Jersey
Is the complainant and the said State Of
Delaware is the defendant, IN which cause
an injunction has been issued against the
State OF Delaware restraining the execu-
Li'il Vi CERTAIN nldlhlto OF lNt Didlt OF
Delaware relating to fisheries in said river
which said litigation hath been pending
for ~ years and upwards; and
Whereas, For the purpose of adjusting
the differences between the said two States
arising out Of said conflict Of jurisdiction,
Edward c. Stokes, Robert H. McCarter.
Franklin Murphy and Chauncey G..
Parker, have been appointed commits
sioners on the part OF the State of New
Jersey by joint resolution Of the Legisla-
ture of said State and Preston Lea Robert
II. Richards, Herbert II. Ward and George
II. Bates have been appointed commits
sioners on the part of the State of Della
ware by joint resolution of the General
Assembly Of said State, to frame a COM
pact or agreement between the said States
and legislation consequent thereon, to be
submitted to the Legislatures of said two
states for action thereon, looking to the
amicable termination of said suit be-
tween said States now pending in the
supreme Court of the United States, and
the tnal adjustment of all controversies
relating to the boundary line between said
states, and to their respective rights in
the Delaware River and Bay; now
Therefore, The said State Of New