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AGREEMENT BETWEEN THE STATES OF NEW JERSEY AND DELAWARE.

JANUARY 19, 1907.-Referred to the House Calendar and ordered to be printed.

Mr. PARKER, from the Committee on the Judiciary, submitted the following

REPORT.

[To accompany S. 4975.]

The Committee on the Judiciary, to whom was referred the act (S. 4975) entitled "An act giving the consent of Congress to an agreement or compact entered into between the State of New Jersey and the State of Delaware respecting the territorial limits and jurisdiction of said States," after consideration of the same do report said act favorably and recommend that the same do pass without amendment.

The act states said agreement dated March 21, 1905. It recites a controversy as to part of the Delaware River, the desire to settle the same, a suit in the Supreme Court pending, the appointment of commissioners, and agrees as to criminal jurisdiction and process, fishery, a commission to draft fishing laws and monument the boundary between the river and bay, etc. It then continues:

ARTICLE IV. This agreement shall be executed by the said commissioners when authorized to do so by the legislatures of the said States. It shall thereupon be submitted to Congress for its consent and approval. Upon the ratification thereof by Congress it shall be and become binding in perpetuity upon both of said States; and thereupon the suit now pending in the Supreme Court of the United States, in which the State of New Jersey is complainant and the State of Delaware is defendant, shall be discontinued without costs to either party and without prejudice. Pending the ratification hereof by Congress said suit shall remain in statu quo.

The agreement was ratified by Delaware March 20, 1905 (H. Doc. No. 43), and by New Jersey March 21, 1905 (S. Doc. No. 260), and executed by the commissioners, and the acts of the legislatures ordered that certified copies be transmitted to Congress for its action. thereon.

The Senate act passed by them is that the consent of the United States is hereby given to said agreement and every part and parcel

thereof, provided that nothing therein contained shall be construed to impair or in any manner affect any right or jurisdiction of the United States in and over the islands or waters which form the subject of the said agreement.

We recommend that this act pass the House, adding as an appendix a copy of the documents referred to.

[House Document No. 43, Fifty-ninth Congress, first session.]

To the Senate and House of Representatives:

I transmit herewith, for action by the Congress thereon, a certified copy of an act passed by the general assembly of the State of Delaware entitled "An act to ratify and confirm a compact or agreement between the States of New Jersey and Delaware respecting the Delaware River and Bay and to authorize the execution thereof," which was submitted to me by Hon. Preston Lea, governor of the State of Delaware, in pursuance of the mandate of the law. THEODORE ROOSEVELT.

THE WHITE HOUSE, December 5, 1905.

STATE OF DELAWARE, EXECUTIVE DEPARTMENT,
Dover, Del., November 9, 1905.

DEAR SIR: Pursuant to the mandate of the law I have the honor of transmitting to you a certified copy of an act entitled "An act to ratify and confirm a compact or agreement between the States of New Jersey and Delaware respecting the Delaware River and Bay and to authorize the execution thereof," and respectfully request that said act be communicated to Congress for its action thereon.

Respectfully, yours,

To His Excellency THEODORE ROOSEVELT,

PRESTON LEA,

Governor.

President.

AN ACT to ratify and confirm a compact or agreement between the States of New Jersey and Delaware respecting the Delaware River and Bay and to authorize the execution thereof.

Whereas by joint resolution of the legislature of the State of New Jersey, approved February 14th, 1905, Edward C. Stokes, governor, Robert H. McCarter, attorney-general, Franklin Murphy, and Chauncey G. Parker were appointed and constituted commissioners of the State of New Jersey to confer with like commissioners representing the State of Delaware for the purpose of framing a compact or agreement between the said States and legislation thereon, to be submitted to the legislatures, of the said two States for action thereon, looking to the amicable termination of the suit between said two States now pending in the Supreme Court of the United States and the final adjustment of all controversies relating to the boundary line between said States and to their respective rights in the Delaware River and Bay; and

Whereas by like joint resolution of the general assembly of the State of Delaware, approved February 13, 1895, Preston Lea, governor; Robert H. Richards, attorney-general; Herbert H. Ward, and George H. Bates were appointed to represent the said State as commissioners to confer with the commissioners of the State of New Jersey, for the purpose before recited; and

Whereas the commissioners of the said two States, having duly conferred as directed by said resolutions, have framed and submitted to this general assembly a proposed compact or agreement between the said States; and

Whereas the compact or agreement so framed and submitted is in the words following, that is to say:

COMPACT BETWEEN THE STATE OF NEW JERSEY AND THE STATE OF DELAWARE RELATING TO THE BOUNDARY CONTROVERSY BETWEEN SAID STATES.

1. Whereas a controversy hath heretofore existed between the States of New Jersey and Delaware relative to the jurisdiction of such portion of the Delaware River as is included within the circle of twelve-mile radius, an arc of which constitutes the northern boundary of the State of Delaware, and it is the mutual desire of said States to so settle and determine such controversy as to prevent future complications arising therefrom; and

Whereas there is now pending in the Supreme Court of the United States a cause wherein the said State of New Jersey is the complainant and the said State of Delaware is the defendant, in which cause an injunction has been issued against the State of Delaware restraining the execution of certain statutes of the State of Delaware relating to fisheries in said river, which said litigation hath been pending for twenty-seven years and upwards; and

Whereas for the purpose of adjusting the differences between the said two States arising out of said conflict of jurisdiction, Edward C. Stokes, Robert H. McCarter, Franklin Murphy, and Chauncey G. Parker have been appointed commissioners on the part of the State of New Jersey by joint resolution of the legislature of said State, and Preston Lea, Robert H. Richards, Herbert H. Ward, and George H. Bates have been appointed commissioners on the part of the State of Delaware by joint resolution of the general assembly of said State, to frame a compact or agreement between the said States and legislation consequent thereon, to be submitted to the legislatures of said two States for action thereon, looking to the amicable termination of said suit between said States now pending in the Supreme Court of the United States, and the final adjustment of all controversies relating to the boundary line between said States, and to their respective rights in the Delaware River and Bay: Now therefore, The said State of New Jersey, by its commissioners above named, and the said State of Delaware, by its commissioners above named, do hereby make and enter into a compact or agreement between said States as follows:

ARTICLE 1. Criminal process issued under the authority of the State of New Jersey against any person accused of an offence committed upon the soil of said State, or upon the eastern half of said Delaware River, or committed on board of any vessel being under the exclusive jurisdiction of that State, and also civil process issued under the authority of the State of New Jersey against any person domiciled in that State, or against property taken out of that State to evade the laws thereof, may be served upon any portion of the Delaware River between said States from low-water mark on the New Jersey shore to low-water mark on the Delaware shore, except upon Reedy and Pea Patch islands, unless said persons or property shall be on board a vessel aground upon or fastened to the shore of the State of Delaware or the shores of said islands, or fastened to a wharf adjoining thereto, or unless such person shall be under arrest or such property shall be under seizure by virtue of process or authority of the State of Delaware.

ARTICLE II. Criminal process issued under the authority of the State of Delaware against any person accused of an offence committed upon the soil of said State, or upon the western half of said Delaware River, or committed on board of any vessel being under the exclusive jurisdiction of that State, and also civil process issued under the authority of the State of Delaware against any person domiciled in that State, or against property taken out of that State to evade the laws thereof, may be served upon any portion of the Delaware River between said States from low-water mark on the Delaware shore to low-water mark on the New Jersey shore, unless said person or property shall be on board a vessel ag ound upon or fastened to the shore of the State of New Jersey, or fastened to a wharf adjoining thereto, or unless such person shall be under arrest or such property shall be under seizure by virtue of process or authority of the State of New Jersey.

ARTICLE III. The inhabitants of the said States of Delaware and New Jersey shall have and enjoy a common right of fishery throughout, in, and over the waters of said river between low-water marks on each side of said river between the said States, except so far as either State may have heretofore granted valid and subsisting private rights of fishery.

ARTICLE IV. Immediately upon the execution hereof the legislature of the State of New Jersey shall appoint three commissioners to confer with three commissioners to be immediately appointed by the general assembly of the State of Delaware for the purpose of drafting uniform laws to regulate the catching and taking of fish in the Delaware River and Bay between said two States, which said commissioners for each State, respectively, shall, within two years from the date of their appointment, report to the legislature of each of said States the proposed laws so framed and recommended by said joint commission. Upon the adoption and passage of said laws so recommended by the respective legislatures of said two States said laws shall constitute the sole laws for the regulation of the taking and catching of fish in the said river and bay between said States. Said laws shall remain in force until altered, amended, or repealed by concurrent legislation of the said two States. Said commissioners shall also ascertain the dividing line between said river and bay, and upon each of the shores of said two States where said dividing line extended shall intersect the same, shall, at the joint expense of said States, erect a suitable monument to mark the said dividing line. Said dividing line between said monuments shall be the division line between the said river and bay for the interpretation of and for all purposes of this compact, and of the concurrent legislation provided for therein.

The faith of the said contracting States is hereby pledged to the enactment of said laws so recommended by said commissioners, or to such concurrent legislation as may seem judicious and proper in the premises to the respective legislatures thereof.

Each State shall have and exercise exclusive jurisdiction within said river to arrest, try, and punish its own inhabitants for violation of the concurrent legislation relating to fishery herein provided for.

ARTICLE V. All laws of said States relating to the regulation of fisheries in the Delaware River not inconsistent with the right of common fishery hereinabove mentioned shall continue in force in said respective States until the enactment of said concurrent legislation as herein provided.

ARTICLE VI. Nothing herein contained shall affect the planting, catching, or taking of oysters, clams, or other shell fish, or interfere.ith the oyster industry as now or hereafter carried on under the laws of either State.

ARTICLE VII. Each State may, on its own side of the river, continue to exercise riparian jurisdiction of every kind and nature, and to make grants, leases, and conveyances of riparian lands and rights under the laws of the respective States.

ARTICLE VIII. Nothing herein contained shall affect the territorial limits, rights, or jurisdiction of either State of, in, or over the Delaware River, or the ownership of the subaqueous soil thereof, except as herein expressly set forth. ARTICLE IX. This agreement shall be executed by the said commissioners when authorized to do so by the legislatures of the said States. It shall there upon be submitted to Congress for its consent and approvel. Upon the ratification thereof by Congress it shall be and become binding in perpetuity upon both of said States; and thereupon the suit now pending in the Supreme Court of the United States, in which the State of New Jersey is complainant and the State of Delaware is defendant, shall be discontinued without costs to either party and without prejudice. Pending the ratification hereof by Congress said suit shall remain in statu quo.

Done in two parts (one of which is retained by the commissioners of Delaware, to be delivered to the governor of that State, and the other one of which is retained by the commissioners of New Jersey, to be delivered to the gov ernor of that State) this day of in the year of our Lord one thousand nine hundred and five.

Therefore, Be it enacted by the senate and house of representatives of the State of Delaware in general assembly met:

SECTION 1. The foregoing compact or agreement, and every clause, matter. and thing therein contained, be, and the same is hereby, adopted, ratified, and confirmed as and for the act and deed of the State of Delaware, and the commissioners of the said State are hereby authorized and empowered, on its behalf, to execute the same in duplicate and to deliver one copy thereof to the commissioners of the State of New Jersey.

SECTION 2. It shall be the duty of the governor, at or before the next session of Congress of the United States, to transmit a duly certified copy of this act

to the President of the United States, with the request that it be communicated to Congress for its action thereon.

Passed at Dover the seventeenth day of March, A. D. 1905.

ISAAC T. PALKER, President of the Senate. WM. D. DENNEY, Speaker of the House.

Approved this the twentieth day of March, A. D. 1905.

PRESTON LEA,
Governor.

STATE OF DELAWARE.

OFFICE OF SECRETARY OF STATE.

I, Joseph L. Cahall, secretary of state of the State of Delaware, do hereby certify that the above and foregoing is a true and correct copy of "An act to ratify and confirm a compact or agreement between the States of New Jersey and Delaware respecting the Delaware River and Bay, and to authorize the execution of thereof," approved March 20, A. D. 1905, as the same appears on file in this office.

In testimony whereof I have hereunto set my hand and official seal, at Dover, this thirtieth day of October, in the year of our Lord one thousand nine hundred and five.

[SEAL.]

JOSEPH L. CAHALL,
Secretary of State.

[Senate Document No. 260, Fifty-ninth Congress, first session.]

To the Senate and House of Representatives:

In compliance with the request of the governor of the State of New Jersey, I transmit herewith, for the action of the Congress thereon, a certified copy of an act of the legislature of the State of New Jersey, entitled "An act to ratify and confirm a compact or agreement between the States of New Jersey and Delaware respecting the Delaware River and Bay, and to authorize the execu tion thereof."

THE WHITE HOUSE, March 9, 1906.

THEODORE ROOSEVELT.

STATE OF NEW JERSEY, EXECUTIVE DEPARTMENT,
Trenton, N. J., March 7, 1906.

SIR: I beg to inclose herewith a certified copy of an act of the legislature of the State of New Jersey known as chapter 42 of the laws of 1905, by the second section of which it is made the duty of the governor of this State to transmit a duly certified copy of the act in question to the President of the United States, with the request that it be communicated to Congress for its action thereon. As the matter referred to in this act of our legislature is of considerable public interest, both to the State of New Jersey and the State of Delaware, I will esteem it a favor if you will kindly communicate to Congress the fact that a certified copy of this act has been brought to your attention at your earliest opportunity.

I am, with great respect, very truly, yours,

E. C. STOKES, Governor of New Jersey.

THE PRESIDENT,

Washington, D. C.

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