Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-02-24

Vice-Chancellor Stevens sets Ut at
length the act of 1857, granting to the
canal company the 4basi,s sSlJaccnt 70
the terminal of Its canal, and SHOWS
that the grant in 1887 was made for the
purpose of preserving a water basin
and of leaving open public navigation
for all vessels to and from the Hudson
river, He then took up the grant of
1863, and in discussing them said.
The question Is whether the grant of
the basin of 1857 was such a prior legis-
lative grant as was contemplated by the
terms of section four of the act of 1869.
1t must be conceded that the Legislature
had itself already made a disposition OF
this particular tract and had devoted it
to public use. Had the commissioners
power to release this use 2 / do not think
they had, The legislative purpose was,
think, to authorize the commissioners to
cure and fortify a detective grant; not to
change perfect use.
The Bulkhead Line.
In the various riparian acts the ex-
preston 'bulkhead line Is used as synon-
ymous with line of solid filling 1t is
the line beyond which the upland cannot
be extended the ultimate boundary be-
tween land and water But the exterior
line of the basin Of 1867 is In no such
line. The Legislature. when ii gave this
property to the canal company, only au
thorized 1t to construct therein PIERS
wharfs, docks, basins and similar struc-
lures to enable 1t to carry on transpor-
tation business. 1t did not authorize tt
to fill it up. 1t was to be used as q
basin. In which might be built structures
appropriate to its use as such.
There were, at the time the grant was
made, an interior basin, not granted, and
two. bulkheads considerably to the west
of the exterior line of what was granted
In these bulkheads were gaps and the
legislative direction was that the gaps
should be forever kept open, $50 feet In
vessels, freely navigate to and from the
Hudson river and all places east and west
Of said westerly bulkhead without the
payment of tolls and charges.
THE scheme, therefore, contemplated
q waterway; place where vessels might
lie at anchor or be docked. loaded and
the rSer to aey pass from
an Improvement bounded by an exterior
line of solid filling. This shows why,
when the Legislature, in the act of 1863,
mended by the commissioners they ex-
cepted the lines drawn within the boun-
daries of the grant made to the canal
"As the price was an arbitrary price,
hxed IN advance by the Legislature to %
necessarily follows that where that line
was wanting the calculation could not be
made
should have wished to except the basin
from the commissioners power to grant.
The business of a canal company was
then in a prosperous condition. 1t no
and SO in 1867 it applied for and obtained
legislative grant.
The States Rights.
LAS by it's charter 1t would cease to
exist in 1874 and as it's canal property
would become the property of the State
without compensation, 1t was enacted
that the basin property with its i'm
provements should at the time. become
the property of the State 'on the same
inal charter of the said company, respect
ing the transfer of the property thereof
go the State. In other words, the canal,
with it's appurtenances, was to come to
the State as q canal and the basin, with
the improvements thereon as a BASIN
rs it likely that the Legislature in 1924,
when it granted the charter. and in 1867,
when it gave the basin, contemplated
or resumption by the State. the State
would throw away the improvements and
devote the property for other uses for
which it was not fitted? In 1924 railroads
were unknown. In 1857 they had not at
tanned their present Importance. Section
twenty-five of the charter enacts that the
canal when completed, shall forever
thereafter be esteemed single highway,
free for the transportation of goods onf
payment of tolls and conforming to thes'
regulations of this act. AS the basin was
made an adjunct to the canal to revert,
with it's improvements, when the canal
reverted, 1t seems to me that IN the aD-
sence of any legislative provision to the
contrary we must assume that the use
for which alone these properties were
adopted would continue until the Legs
latllre saw fit to make some other uls-
position of them. This being so, why
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