The Bridgeport evening farmer., 1909-02-02
STATE HAS RIGHT TO MAKE HARBOR
 LINES AND CAN DELEGATE POWER TO CITY
of the Connecticut Oysermans Protective Association Former Re- publican City Attorney ar Declares That City Line Does Not Condemn Naugauck Doc and That City Need Not Pay Railroad Damages for Taking Flats

The Farmers exposure ldSC HlSIiI' of the effort to insert into the pro- posed charter amendments clause which would, if it should be assented to by the General Assembly, compel the city to pay damages to the New York. New Haven and Hartford Rail- road company. apparently caused the
 withdrawal at least temporarily of tho amendment.
 It did not appear in the batch of changes offered to the Council, last night.
 Mayor Lee assigned as a reason for its non-appearance that it had been found to contain a clerical error which would be rectified.
 Tn the meantime light is thrown up- on the true nature of this most auda- cious effort to "put the city into a hole" by, the opinion of Former City Attorney James A. Marr, which is pre- scented today for the attention of all thoughtful citizens who have the in- terest of the municipality at heart and who believe that it is the duty of those trusted with the administration of city affairs, to put the welfare of the city first.
  for effect. 1t is not a. political opin- ion. It Is a statement given to a client by his lawyer upon the request of the client for an opinion upon the law. whatever the law might be.
 The opinion was not prepared after the trap amendment was drawn but -ss<enal days before. The trap amend ment+ was not made public until yes rterfiay, afternoon The opinion was rendered Jan. 23.
 Mr. Arthur Jeliffe. to whom the opinion was rendered, is president of the Connecticut Oyster Mems Asso- citation. He has headed the assoc1a- tion fight to preserve the anchorage basin for the use of vessels engaged in the oyster trade. He appeared at tho harbor line hearing, which was held by the Common Council, in favor of the retention of the city line.
 There he listened to statements, made by various gentlemen, that the city would be required to pay large damages if it retained the city line. He also listened to statements that the contrary was true, that the city has the right to lay harbor lines for the benefit of navigation without paying, eurns to owners of the upland.
 He desired to know exactly what the law was, and so sought out MT. Marr, receiving the first authoritative state xnent of the law, in an absolutely con- elusive and convincing form.
 MT. Marr finds that the State has authority to establish harbor lines, without compensation to anybody, to protect navigation.
 He finds that the State has dele gated this right to the city of Bridge port.
 He finds that the old charter requir- ed the city to pay for the wharfage rights that it might take.
 n tI,n n10 ri c changed in such a way that in his opinion the city is not required to pay damages.
 The amendment which was exposed in the Farmer, yesterday, seeks to re- store the charter to it's former state, and to put the city in place where it must pay money to the railroad com pany.
 MT. Marr's opinion wipes away all claim that by the establishment of the city line. damages will have to be paid for the Naugatuck dock.
 His logical explanation of the law sweeps away the entire mass of mis- information that has maliciously or ignorantly been assembled about this point.
 The city line by merely crossing the Naugatuck dock would not 'take" 1t. Therefore no damages would have to be paid.
 put WDcTe IL CrOSSeS IHc OoCh ChO city line is absolutely co-incident with the government line. The government line was established first If the es- tablishment of a harbor line takes" the dock that fact is accomplished by the government line. The city does not s.take'' it again.
 MT. Marr has, in the course of per- forming his professional duty to a client. done the city signal service. Indeed his service is probably greater in this instance than when as City Att torney he discovered the 'little joker' in the eminent domain clause, and forced into the city charter section which enables the city to take back, | when the proper occasion arises, some op Ina valuable water front that has passed out of it's hands.