FOREST, FISH AND GAME COMMISSIONER. 293 



that the jurisdiction is in the State. In 1895 the State first granted leases 

 of lands under the waters of Jamaica Bay for the purpose of shellfish cul- 

 tivation. This practice has been continued until the present year. The 

 title to the lands was from time to time questioned by the city of New York. 

 In 1904 the city of New York, in an attempt to assert ownership, undertook 

 to oust the State lessees holding shellfish lands in that locality. The At- 

 torney-General of the State then deputized Hon. Leander B. Faber, of 

 Jamaica, to look into the matter in behalf of the State. The result of the 

 controversy being that the city, through the Department of Docks, issued 

 to each State lessee, under resolution of the commissioners of the sinking 

 fund, passed June 7, 1905, a permit or guarantee of quiet possession to cover 

 the time during which the questions at issue should remain undetermined. 

 It was understood at that time that an agreed case, between the State of 

 New York and the city of New York was to be submitted to the courts for 

 decision. It seems, however, that for some reason this submission was not 

 made. 



The questions involved have again become prominent in view of a 

 recent decision of the Supreme Court, in the county of Queens. This was 

 in the case of The Rockaway Park Improvement Company, Limited, against 

 the city of New York. It will be noted that the State of New York was not 

 a party to the action. It was held by the trial judge, as a conclusion of law, 

 that the issuance of licenses for shellfish cultivation by the town of Hemp- 

 stead and by the Commissioners of Forest, Fish and Game of the State of 

 New York do not constitute acts of dominion over the lands under water 

 of Jamaica Bay, but were acts of police regulation pursuant to legislative 

 enactment. The decision directed that judgment be entered in favor of 

 the defendant, that it is seized in fee of the premises described, consisting 

 of lands under water of Jamaica Bay, north of the mean high water line of 

 said bay on the north side of Rockaway Neck. From the decision of the 

 court read in conjunction with the conclusion of law above mentioned, 

 the inference would seem to be that the opinion of the trial justice was that 

 the lands under water in question belong to the city but that for purposes 

 of police regulation licenses for shellfish cultivation had been not improperly 

 made by the State. The case is now on appeal. 



