New-York tribune., 1906-08-04
SUITS OVER THE PIERS.
FIR. COUDERT WILL FIGHT
Osonas Restrained from Rebuilding
on Oyster Bays Shore Line.
IBy Telegraph 80 The Tribune. I

IBy Telegraph 80 The Tribunal
oyster Bay, Aug. 3-Constable Jack Nc
,ouajde who is the entire police force of ovster
Raw. wrote another chapter to-day in the story
Of the shore front fight He got up earlier than
usual and served restraining orders on the own
ers Of the piers and walls which were partially
demolished yesterday by the highway commits
sioners.
The constable made his first call upon Louis
C Tiffany. and reached his place Just as he was
leaving for New York in his automobile. IL
was quite dramatic as the end OF the third
act OF almost any East Side thriller The mill
sonaire. the great automobile gathering speed
for its swift run 20 New York, the red faced
constable crying stop! serve these papers in
che name OF the law" Then CONSERVATION on
fhe side Of the millionaire and the automobile,
and triumph resting proudly with the beads OF
perspiration upon the brow OF the constable.
AS a matter OF fact. the dramatic climax was
subdued a trife by Mr.. Tiffany politely coming
70 a halt as soon as he saw the officer, and ac-
cepting the paper from his hands with a Thank
you"
McQuaide then visited the homes OF F. r.
Coudert, George c. Maxwell and Mrs ]. West
Roosevelt. 20 serve similar papers upon them
He secured personal service upon NGessrs. Cou-
dert and Maxwell but found that Mrs Roose-
velt is in Europe. He therefore hunted I'D the
superintendent OF Mrs. Roosevelt's farm, and not
only gave him the paper, but read il 10 him I'm
his most impressive constabulary tones The
caretaker was scared at first, for he had an adea
that McQuaide was preparing TO send him to
the electric chair or the penitentiary for life
Before the constable left the Roosevelt farm
however the superintendenrs fears were some
what alayed, and he promised faithfully never
70 put up the pier again. Whether or not the
restraining order remains TO be seen If the
distractions are rebuilt the village fathers say,
& viii be signal for the complete demolition
of the piers.
F. r. COUDERT BRINGS SUIT
AS counter stroke to the order Of restraint,
Frederic R. Coudert to-day said that he had
brought suit against the men who demolished
his pier on Thursday. and intends TO hold them
personally liable Mr.. Coudert said:
Mr Underhill, one OF the highway commits
sioners, is reported to have said that the COM
1lSsloners intended 20 take down just enough
10 give the owners a chance 10 start suit against
them II they wanted TO- This statement Is abb
solutely erroneous for the following reason:
Nearly three years ago the Highway Commits
sioners visited me and informed me that my
pier interfered with the movement OF carriages
ana wagons along the shore at low water and
that they intended to demolish IT, Informed
them that such an action their part would
De WnOlly llAegal ana that l would resist IL, but
suggested that il they would return at later
date / would in the mean while obtain ar in
junction and have our legal rights tested, as I
nad no desire 10 ask or claim anything more
than the strict legal rights which I felt would
be accorded TO riparian owners by the Court
OF Appeals OF the State OF New York. The
Highway Commissioners az that time assented
20 this suggestion, and obtained a temporary
injunction. The case was tried in the lower
courts, and decided adversely to my claims as
riparian owner, the basis OF a decision rem
lered by the Appellate Division in the Second
-.
South Bay.
The case is now pending in the Court OF APP
peals, and will be reached for argument and
maj disposition about next November. The
Attorney General OF the State is also appearing
therein. representing the claims OF the state
which are adverse to those OF the town of Oy-
ster Bay.
SAYS AGREEMENT WAS BROKEN
Townsend Scudder represents me and other
property owners interested. and he had agreed
with the counsel for the town OF Oyster Bay
that property owners were not to be molested
curing the pendency or this suit Under this ar
EangeInent my pier has been up, and had been
unmolested down to Thursday.
Thursday. upon returning home. l found two
Of the highway commissioners UJnderhill and
AaWkshurst accompanied by the town con-
stable and fourteen or fifteen men, had in my
absence completely demolished my pier. which
vas upon iron pipes. throwing il down from
about fifteen feet from the shore to its end. a
distance Of over hundred feet. The pier in
canoe
An This was done without any notice what
ever 70 me and without any inttmatiOn that
the stipulation between counsel that nothing
vas 10 be done pending the disposition OF
The litigation by the Court OF Appeals was
not % be lived up TO. The WHOLE structure, to-
sether with my boat. demolished and is
how a total wreck, and by no possible theory.
were any authorities Of the town justified in
What seems 10 me TO be high handed outrage.
] intend hold the individuals who did the
work Of demolition personally responsible, and
nave brought suit against them for the damage
inflicted
There can be no highway on land which is
covered with water twelve hours out OF the
ITenty-four and the highway theory is the
SeTest fiction.
As TO the rights OF littoral or riparian owners
70 have access to the water and 10 build a pier
sor their own use in order TO obtain such access.
have little doubt, and am willing to stand
Eon the law as laid down in a recent case in
va New York Court Of Appeals.
Mr. Coudert then quoted the decision of the
court in the case Of Cornwell and Crossmon in
which the right OF the proprietor Of land TO
build pier to the navigable water was main
tained
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