Evening journal., 1916-07-26
RIVER Jurisdiction
Defined IN 17S3
Lawyers Say Long-Standing
Agreement Settles Status
of Delaware
BURDEN is ON
PENNSYLVANIA

John Frederick Lewis and Henry
r. Edmunds, attorneys and authorities
on international law, dug down into
the moldy archives of the history Of
Pennsylvania yesterday and drew
forth a statute Of agreement dated
September 20, 1888, wherein Pennsyl-
vania and New Jersey settled the
Jurisdiction Of the waters of the Della
ware river.
The finding Of this agreement was
apropos Of a question having arisen
as to whether the Pennsylvania au-
thorities or the Federal authorities
have jurisdiction on the river. II was
raised In connection with the trip OF
an excursion boat TO Augustine Beach
last Sunday in which, It was said
passengers behaved in untoward man
ner. United States District Attorney
Francis Fisher Kane. of Philadelphia,
put violation Of the law on the river
up to the Philadelphia District At
torney's Office and that office shifted
IL back upon Mr.. Kane.
The finding of the 1888 agreement
| between New Jersey and Pennsyl-
vania TO all intents and purposes set
/ ties the case unless there is a hitch
over the fact that il was adopted
prior TO the Constitution of the
! United States. which prohibits such
compacts between States. However,
! Mr.. Lewis makes the point that, be-
! ing a pre-Constitution document, It Is
consequently without the prohibition
4 of the Constitution.
! Concerning the interesting case he
said:
Compact Between States.
There is no difficulty whatever
about the jurisdiction in the matter
| Of the excursion boat in question.
The United States Attorney and the
Assistant City Solicitor both seem to
have overlooked the fact that there
is IN existence an actual treaty Of
compact between the States Of New
! Jersey and Pennsylvania settling the
matter and giving each State con-
current jurisdiction over the water.
"1he Pennsylvania statute was passed
September 20. l7S3, and is found in Sec
ond Smiths Laws, II. The Jersey stat
ute was passed May % OF the same
year. This treaty or compact says;
Whereas, Inconvenience and mis-
chiefs have arisen and may hereafter
arise from the uncertainty Of iurisdic
ton within and on the River Delowarei
therefore, to prevent the same and II
order that law and justice may here
after in oil cases be executed and taxi
effect within and upon said river. from
shore to shore, in all parts and place
thereof where tho same river IS tn
boundary between the said States, Tn
said commissioners do agree and estat
hsh for and in behalf of their respectiy
States, in manner following; that is
say etc;
"And the compact then subsequent
provided as follows
Secondly, That each State shall en-
Joy and exercise n concurrent iurisdic
tion within and upon the water and no
upon the dry land. between the shores o
said river, but in such sort, nevertheless
that every ship and other vessel, Will
riding at anchor before any city or tow
in either State, where she hath las
laded or unladed, or where il Is intend
ed she shall first thereafter either lad
or unlade. shall be considered exclu
sively within the jurisdiction Of sucl
State; and every vessel fastened 10 o
aground on the shore Of either Stat
shall in like manner be considered ex
clusivelv within the jurisdiction of suc'
State; but that all capital and othe
ofenses. trespnsses or damages com
mitted on said river the judicial mvesti
cation and determination thereof sha
, he exclusively vested in the Stat