scrocxrox v. summons at NI Y. 12. oo. 11
of the United States than the rate per mile paid for their transportation over
the railroads or public highways leading to said bridge; and the United States
shall have the right of way for postal telegraph purposes across said bridge.
"Sec. 4. That the plan and location of said bridge, with a detailed map of
the sound at the proposed site of thebridge, and near thereto, exhibiting the
depths and currents, shall be submitted to the secretary of war for his ap-
proval, and, until he approve the plan and location of said bridge,·it shall not
be built; but, upon the approval of said plan by the secretary of war, the said
companies, or either of them, may proceed to theerection of said bridge in
conformity with said approved plan; and, should any change be made in the
plan of said bridge during the progress of the work thereon, such change shall
be subject likewise to the approval of the secretary of war.“ It the secretary
of war shall at any time deem any change or alteration necessary in the said
bridge so that the same shall not obstruct navigation; or if he shall-think the
removal of the whole structure necessary, the alteration so required, or the
removal of the whole structure, shall be made at the expense of the parties
owning said bridge. And if said bridge shall ·not be finished withintwo
years from the passage of this act, the rights and privileges hereby granted
shall determineand cease; “ f” _
"Sec. 5. That the right to alter, amend, or repeal this act is hereby ex-
pressly reserved. " V ‘ i ‘
The said Staten Island Rapid Transit Railroad Companyproposcs to
build, albridge across Arthur kill; under and in conformity withthis act;
to connect its own road on Statenlsland with another railroad? through
and across the stateof New Jersey, for the purpose of interstate trans-
portation;_and, in pursuancelofithat design,whas¥ adopted a site forfcthe
location of the bridge, from a certain point in the city of Elizabeth to
Statenfisland; and has caused the plan and location of said bridge, with
a detailedirnap of the soundat and near ·the same, (asrequired by the
act,) to bcsubmitted tothe secretary of war, who hasapprovedthe same'.
The company, by its engineer and contractors, (whoare made co—de·
fendants inthe case,) proceeded to make preparations for laying the
piers and erecting the bridge according . to the plan thus approved;
Thereupon the attorney general of New Jersey, deeming the property
rights and sovereignty of the state in danger of violation from the erection
of the proposed bridge, iiledthe present information to prevent it. i  
The information states the ordinary doctrine thatthe state is owner of·
the shore and land under waterrof all navigable streams and arms of the
sea within its borders;,that this ownership wasa part of the jam regatta.
of the king of Great Britain, by virtue of which he was seized and pos-
sessed of an estate in fee-simple absolute in said lands; and that; at the
Revolution, this state, in its sovereign capacity, succeeded to the rights of
the crown, and that thisright of supreme dominion had never been ceded
or surrendered to the United States; and that, without such cession =or
surrender,' the United States-could not take possession of said lands,. ·.or
authorize other parties to doxso, except by making compensation there-
for, as provided in the fifth amendment to the constitution; and that', at
the place of location, of the proposed bridge, their ownership of the soil,
on the part of the state, extended from ordinary high-water mark to the
centerline of the sound, being the boundary line between Newvwlerséy