] One Ellis Island employee, who worked on the Island during the early part of the century, remembered as follows: " 'Very often brides came over to marry here, and of course we had to act as witnesses. The stipulation provides, with much detail, that at or near to a pumping station to be located in the Newark Meadows, near Newark Bay, the material coming from the trunk sewer shall first pass through coarse screens to remove floating matter; then through a grit basin or basins, to remove heavy matter, as far as practicable; then through self-cleaning mechanical screens, with openings of not over four-tenths of an inch, and then through sedimentation basins, equipped with "scum boards," at a prescribed velocity of flow. ] The New York Times reported that "[t]he chief interest in the appli cation lies in the fact that it is a recognition of the claim that New Jersey and not New York owns the submerged lands in the vicinity of Ellis Island." ] Accordingly, New York cannot meet its burden of proving prescription by pointing to New Jersey's failure to present evidence that it exercised dominion over the filled portions of the Island occupied by the United States or secondary evidence that third parties understood the filled land to be in New Jersey. City of Trenton v. Rider College, 128 N.J.L. Two members of Congress from New Jersey, U. S. Senator Hamilton F. Kean and U. S. Representative Mary T. Norton, wrote to the Department of Labor expressing concern that federal contractors were not hiring members of New Jersey's union locals even though the Island work site was part of New Jersey. Day, 50 F. 2d 816, 817 (CA)) . some power of police regulation also was conferred upon New York [by the third article]. After the passage of the Davis-Bacon Act, 46 Stat. That practical construction suffices, in my view, to establish what the Compact of 1834 meant. 6. ] JUSTICE STEVENS brands this ascription to New Jersey as "obviously . ] Although JUSTICE SCALIA, see post, at 3, seems to make some of the same mistakes in assessing the evidence that JUSTICE STEVENS makes, JUSTICE SCALIA applies his interpretation of the facts to the 1834 Compact, assuming that the agreement was ambiguous about which State would have sovereignty over any land added to the Island, and concluding that the parties' conduct in the years following the Compact indicates that the filled land belonged to New York. Begin typing to search, use arrow keys to navigate, use enter to select. 500 U.S., at 388 126, 4 Stat. 256 U.S. 296. Footnote 2 [ In the interval from 1906 to 1919, the estimated growth of the population of New York City and its suburbs draining sewage into adjacent waters was in excess of 100,000 a year -- an increase of population in the aggregate much greater than the total population of the Passaic Valley sewage district at present and approximately equal to its estimated population in 1940 -- and it is undisputed that this New York sewage, untreated, was discharged from over 450 sewers directly into the adjacent waters, for the most part at or above the line of low tide, and that only in a few instances was it carried even to the pier heads. And the evidence taken under the order of the Court in 1919 shows an irreconcilable conflict in the testimony as to the then condition of the water, especially near Robbins Reef Light, and as to the probable condition of it to be anticipated in the future. The Port Authority, with the cooperation of officials of the City of Newark, made repeated efforts to induce Local 478 to eliminate the 5,000-pound limitation from its contracts with employers or to waive its application to the terminal. 291 U.S. 315 Since New York made no effort to update its description of voting districts to eliminate the reference to Oyster Island, never specifically indicated an intent to include the filled land in its voting districts, and failed to make any alteration in its representation of the Island on its voting maps, its legislative acts were not overtly prescriptive and furnished no reason for New Jersey to infer that New York intended to include the filled portions of the Island in its voting districts. .
503 U.S. 442 There are indeed immeasurable and imponderable circumstances and influences besides the mere lapse of time at work to create the conviction that in the interest of stability of order the present possessor should be considered the rightful owner of a territory." U.S. 479, 508 Belardi v . New Jersey has sovereign authority over the filled land added to the original Island. 19, The final category of relatively noteworthy evidence covers indications that during the relevant period the United States understood the filled portions of the Island to be part of New York.
(6) That the evidence failed to prove that the proposed addition of sewage would cause increased damage to hulls of vessels or danger of air-borne disease to persons navigating or dwelling along the water, or (if treated as proposed in the stipulation) damage to persons bathing, or fish or oysters subsisting, in the water, additional to that attributable to existing discharge of sewage from New York City and its environs. See, e.g. Atty. In sum, the peculiar facts of this case affected New York's capacity to invoke a sovereign's claim as well as the significance of such acts it now adduces as prescriptive in character. New Jersey is not the original, undoubted owner whose title could have been eliminated only by prescription. water adjacent to New York City, especially in the Bronx and lower East River, was much polluted by sewage, but that the water in other parts of the bay, especially near Robbins Reef Light, was somewhat, but not greatly, contaminated. Footnote 15 [ In this case, as in Georgia v. South Carolina , There is uncontradicted testimony that between 1892 and 1954 there were hundreds of births and thousands of deaths on the Island. In her letter of August 25, 1934, she advised the Division of Procurement of the Treasury Department that a local union in her home city contended 15, that "these islands are part and parcel of the State of New Jersey." Because we are in effect sitting as a trial court, and because the relevant evidence is either documentary or uncontradicted oral testimony, we are able to make our own findings of fact and draw appropriate inferences from those findings. Yet since only the original island existed in 1890, the first mapmaker obviously made a mistake; given the fact that the state designation had no practical consequence, it is reasonable to conclude that the mistake was simply carried forward in subsequent maps. The fire of 1897 involved buildings that were almost entirely on the original Island, and the telegraph official arrested in 1905 was working in the main immigration building, which was also located on the original island. 8, I. Brownlie, Principles of Public International Law 146 (4th ed. Further, we are in accord with the conclusion of the trial court below that Inland Terminal No. Footnote 13
3. [ The audio recordings are posted on Fridays after Conference. Between the two competing lines, of course, lay the Oyster Islands, one of which, in 1785, came into the private ownership of the eponymous Samuel Ellis, whose heirs would be its last private owners. After the Revolutionary War, New York and New Jersey began their long disagreement about the common boundary on the lower Hudson and New York Harbor, with New York arguing that the grant to the New Jersey proprietors set the line at New Jersey's shore and so preserved New York's sovereignty over the entire river, and New Jersey contending that as a co-equal State emerging after the Revolution it was entitled to a sovereign boundary in the middle of the river. [ (4) That the stipulation was binding on New Jersey and the United States. New York's first exception rests on Article Second of the Compact, the provision that "[t]he state of New York shall retain its present jurisdiction of and over Bedlow's and Ellis's islands; and shall also retain exclusive jurisdiction of and over the other islands lying in the waters above mentioned and now under the jurisdiction of that state.
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