Milford chronicle., 1933-10-13
BAY OYSTER BEDS
LOST, STATE wins
l2-MILE CIRCLE
[COntinHed from First PGae1

made by Delaware except a compact
with New Jersey in 1905 by which
Delaware granted riparian rights tC
residents of the New Jersey shore
of the river.
"At no time" his report asserted
"has the State of Delaware ever
abandoned its claim, dominion OF
jurisdiction over the Delaware River
within said twelve-mile circle, nor
has it at any time acquiesced in the
claim of the State of New Jersey,
thereto, except as modified by the
said compact of 1905.
1.-The State of New Jersey has at
all times recognized the existence
of a boundary dispute between the
State of New eJrsey and the State
of Delaware, and by the compact of
1905 between the said States the ex-
istence of such a dispute was ex-
pressly recornized."
If ON July 4, 1875, neither State
had title to the territory under dis
pute, Rawls, declared, they would be
entitled to equal rights.
st is because the defendant claims
that it had title to this portion of
the river ON the fourth of July, 1776,
and many years before, that this as
pect of the controversy arises" ="
Rawls said in discussing the claims
of the two States within the 12-mile
circle.
Records Prove Grant
This claim of the defendant is
based upon two deeds from
h1 nrrlro Af orb m
dated August "a, 1852, and upon two
leases for 10000 years covering the
same tracts, that is, deed and lease
for the 12-mile circle, and another
deed and lease for the territory
south of the 12-mile circle"
The deeds and leases in question,
Rawls showed in his report, were
confirmed by letters patent issued
to the Duke of York under the great
seal of England.
New Jersey based its claim to the
territory on the assertion that the
Duke of York did not have title to
the land when the deeds and elases
were issued, but this claim was not
recognized by Rawls, who cited
other grants and letters patent to
show that William Penn's jurisdic-
tion over the land, on which Della
ware based it's claims, was legal. t.
AS to the other aspect of the dis
pute, the boundary in the river and
bay below the 12-mile circle, Rawls
said:
1.-The record shows the existence of
well-defined deep water sailing
obannoI T., naIau urara Rfuor and Raw
constituting a necessary track of
navigation, and the boundary be-
tween the States of Delaware and
New Jersey in said Bay is the middle
of said channel"
His recommendation were:
81. That within the 12-mile circle
the river and subaqueous sail there
of shall be adjudged to belong to the
State of Delaware, subject to the
compact of 1905.
"2. That the true boundary be-
tween the plaintiff and the defendant
below the 12-mile circle shall be ad-
judged to be the middle of the main
ship channel in said river and bay.
1T is further recommended that
the costs of this suit be equally di-
vided between the two states"
officials who were active in con-
ducting Delaware's case in the
boundary dispute state that the
findings of the special master came
as no surprise to them. One of
them said, "it is what we expected"
He went on to explain that the
special masters decision, only loses
to Delaware oyster beds around
Ship John Light.
The recognition of Delaware's
Jurisdiction to low water on the
Jersey side of the river, which fol-
lows from the special masters al
lowing Delawares claims to the IL
mile circle from New Castle, was
the same official pointed !
out, as it would include considerable |
wharfage on the Jersey side, but |
title to that may hinge on a new
of the 1905 agreement, i
under which Delaware supposedly |
waived the inclusion of any wharf
age in its claims to jurisdiction to
low water ON the Jersey side.
The report of a special master to
the United States Supreme Court in
on the New Jersey
Delaware boundary dispute appeared
10 be complete victory" Attorney
General William A. Stevens of New
Jersey asserted for that state.
Dispatches from Washington indi-
lated the special master, William l..
Rawls, sustained New Jerseys con-
.ention for a boundary line in the
middle of the Delaware channel be-
ow the "twelve-mile-circle," which
a grant to the Duke of
York in the Colonial days.
Duane E. Minard, assistant at
orney general, who prosecuted the
uit for New Jersey, even to making
trip to England last Summer to
rove Colonial grants, asserted the
pparent result was very crafty
ng."
The report, Minard said, presents
O New Jersey some 10000 acres of
yster grounds, large part of which
vas claimed by Delaware, and that
ispute gave rise to the present {
uit." s
New Jerseys oyster grounds"
iinard said, "are untouched since
hey lie below the twelve-mile-circle
nd east of the main channel The
point of controversy in this l
nit is therefore decided in favor of |
lew Jersey" I
The attorney general said New S
ersey would file no exceptions to a
le masters report and await the c
scision on it of the court. a