The Penn's Grove record., 1913-06-27
COURT FINDING
CLEARS TITLE
Vice Chancellor HoweII's 0pin.
ion in Lake Wawayanda Case
RIGHT OF FL0WAGE INVOLVED
Judge Held That a Fee Simple Estate
in the Lands Was Conveyed by the
Deeds and Not Changed SUBJ
%sequently.
Especial Trenton Correspondence

Especial Trenton Correspondence.)
Trenton.-A dispute over the title
70 about seven and a half acres of
land under water at the north end
OF Lake Wawayanda, in Vernon town
ship, Sussex county, has been finally
settled, an opinion of the Court of
Errors u%pholding a finding by Vice
Chancellor Howell in favor of Nelson
z. Graves, of Philadelphia, who
brought suit to quit title. The ques-
ton at issue was whether a certain
deed given by John Rutherford and
his wife to the Thomas Iron Company,
April %, 1871, conveyed a mere right
in the lands described in it. The de-
PENDANTS, who were Edwin Fancher
and wife, Sayer' Fancher, Clinton w.
Fancher and wife, Frank Fancher and
wife and William A. Bradner and wife,
in their answer filed by former Judge
Huston, admitted that the complain
ant, who was represented by Pitney,
Hardin and Skinner and Addison
Hazletine, had a right of f1owage on
and over the land in dispute.
Vice Chancellor Howell gave it as
his conclusion that the before men
toned deed, instead of giving a mere
right of fowage, conveyed at the date
OF its execution a fee simple estate
in the lands described in it, and that
no subsequent conveyance changed
the result. Among the exhibits put in
by compliments counsel was a lease
given by the Fanchers to Charles T.
Kilborne, of East Orange; David Lind
say, Of Newark; John T. Sproull, of
Arlington, and Henry S. Park, of
Ridgewood, in which was this pro-
viso:-"The parties of the second
part (the lessees) reserve the right to
terminate this lease upon sixty days
notice if the rights of bathing, boating
or fishing in Wawayanda Lake be
taken from the parties of the second
part by the owner of said lake" Other
addressed by "Fancher Bros" to Mel
son 2. Graves begging the privilege of
boating, bathing and fishing in Wa
wayanda lake, and of replies by
Graves granting such permission, Gun
der such reasonable rules and regula-
listed since my ownership of the lake."
etc. The lands under water were said
to have been part of tract of 118 84-100
acres which was taken up by the Earl
of Perth in 1878.
The committee of the Essex county
branch of the State Charities Aid AS
ISOLATION, composed of Wilson Far
rand, Walter Kidde and c. l.. Ston-
aker has brought in a report which ap-
proves the management of the prison
ers in the ~penitentiary at Caldwell.
The committee finds that the warden
and Freeholders apparently are anx-
ious to advance still further in their
efforts for improvement. The report
recommends that regular instruction
be given during the greater part of
the year in reading, writing and ele-
mentary arithmetic, and also that the
prisoners be employed during the win
ter in making articles for other insti-
buttons. Payment to the prisoners or
their families is also recommended.
The committee believes that there is
need of a competent instructor in gar
dening and farming, so that a prisoner
might learn to be an efficient laborer
on a farm or garden, ard to this end
it recommends the acqu1rment of the
farm adjoining the ~penitentiary. The
report also says that there is need of
a new administration wing, to contain
kitchens, dining room, and assembly
room for religious and other gather
ings; also a new prison wing. The
adjustment of stripe s and the employ
ment of the prisoners out of doors are
approved. The general buildings are
clean, the grounds we'll cared for and
the outbuildings kept up in proper
condition. The report commends War
den Hosp in the following terms
"The warden is an energetic man,
who appears to have sound ideas con
corning ~penitentiary matters and to
be enthusiastic in carrying them out,
and In this he evidently has the back
ing of the F~reeholders."
A circular concerning farm demon
stration in New Jersey agriculture has
just been issued by the State Agricul-
tural Experiment Station at New
Brunswick. Under a law passed by the
last Legislature, each county may now
have a demonstration who has had
four years of training in an agricul-
tural college, based, on good country
experience after leaving college. He
is to advise farmers and to show them,
on a farm conveniently located in