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


shall affect the planting. catching or taking
OF oysters. CLANS or other shells fish. or
interfere with the oyster industry as now
or hereafter carried on under the laws of
either State.
Article VII. Each State may. on its
own side Of the river. continue to exercise
riparian jurisdiction Of every kind and
nature, and 20 make grants, leases and
conveyances of riparian lands and rights
under the laws of the respective States.
Article VII. Nothing herein contained
shall affect the territorial limits, rights or
jurisdiction of either State Of in or over
the Delaware River, or the ownership Of
the subaqueous soil thereof, except as
herein expressly set forth.
Article TX. This agreement shall be
executed by the said con m ssioners, when
authorized TO do so by the Legislatures Of
The said States ID shall thereupon be
submitted to Congress for its consent and
approval Upon the ratification thereof
by olgress 10 shall be and become binding
In peipetuity upon both OF said States;
and thereupon the suit now pending in
the Supreme Court OF the United States,
in which the State Of New Jersey is COM
plainant and the State Of Delaware is de-
iendant, shall be discontinued, without
costs to either party, and without preju-
dice Pending the ratification hereof by
Congress the said suit shall remain in
statu quo.
Done in two parts lone Of which is re-
tanned by the commissioners Of Delaware,
to be delivered to the governor of that
State, and the other one of which is re-
tanned by the commissioners of New
Jersey, 10 be delivered TO the governor Of
that State) this day Of in
the year of our Lord, One Thousand Nine
Hundred and Five.
The Legislature Of the State Of Della
ware, by an act approved March 20th,
1905. adopted, ratified and confirmed this
compact. Delaware Laws, 1905, p l2)
This act after reciting the appointment
OF commissioners by the respective States,
and the terms OF the compact in extenso,
provided as follows:
Therefore, be it enacted, &c.
Section l. The foregoing compact or
agreement, and every clause, matter and
thing therein contained be, and the same
is hereby adopted, ratified and confirmed
as and for the act and deed of the State of
Delaware and the commissioners of the
said State are hereby authorized and en-
powered, on its behalf, to execute the
attAAAN AAA AN lAiNANff AlA4 " AIAANNl AAAH i1HN
thereof to the commissioners of the State
of New Jersey.
Section p 1t shall be the duty Of the
governor, at or before the next session Of
Congress of the United States to transmit a
duly certified copy Of this act to the Presi-
dent of the United States, with the request
that it be communicated TO Congress for
its action thereon"
The Legislature Of the State Of New
Jersey, by an act approved March 2lst,
1905, also adopted ratified and confirmed
the compact. This act is in the same
words as the Delaware act, mutatis mu-
tandis. New Jersey Laws, 1905, p. g. j
In pursuance Of this authority the COM
pact was signed by ne commissioners on
March 2lst, 1905. Delaware Laws, 1905,
Appendix, p. p
The Congress of the United States has
not yet taken action in the premises.
Upon these facts, the commissioner,
at the request OF counsel, suspended fur
ther proceedings. AS the time has almost
expired within which the commissioner
was ordered to file his report, he deems
1t proper to place before the court the
present condition Of the cause.
Respectfully submitted
Francis Rawle, Commissioner.
In accordance with the compact which
Mr.. Rawle includes in bis report, the com
missioners Of the two States are now en-
gagged in the work Of preparing uniform
laws regulating fishing in the Delaware
River, and in defining the boundary line
between the river and bay. The COM
missiOners for Delaware are Alexander B.
Cooper, William S. Hilles and Walter H.
Hayes. Those for New Jersey are VIII
liam Bradley, j. Boyd Avis and James
Strimple. The commissioners expect to
hold another meeting next week.
1t is an interesting fact that even the
approval by Congress of the compact be-
tween the two States, as printed above.
will not settle the long dispute over the
boundary. It will simply mean the aban-
donment OF the Supreme Court action
without a determination Of the dispute by
that body. The question of the boundary.
although it may be long held in allegiance
by mutual acquiescence on the part of
both States will remain in the air. and
in the event Of litigation in years TO come.
the entire issue may have to be fought
over again before the Supreme Court of
the United States
Changing conditions, it is also urged.
may cause a reopening Of hostilities.
One Of these conditions, it is said, may
be the question Of jurisdiction over new
island which has been created in the river
by dredging operations. This island
which begins just off the mouth of Allo-
ways Creek, about half a mile from the
Jersey shore, and runs south, is about
three miles long and from a half to three
quarters of a mile wide, containing any
where from 500 to / 900 acres. It is
within the Twelve-mile Circle, and when
it comes to title and occupation, the ques-
ton as to which State has Jurisdiction
over it is bound TO arise.