The day book. [volume] (Norfolk, Va.) 1857-1867, 1866-03-27
THE OYSTER TAX Law, AGAIN.

Mr.. Logan Hurst, VINO has received the APP
pointment Of Inspector, from the Court Of Nor
folk County, under the Oyster Law. as passed
by our last Legislature, has entered upon the
duties of his Office. We understand he has
notified the several lines of steamers plying
between here aud the North, that it will be
necessary for them to pay the tax Of SIS per
ton on their vessels to enable them to- carry
oysters away from this port
We really do not believe any such thing
as this was ever intended by the trainers Of
the law. But the wording Of the law is of
such loose nature that it can DO twisted into
thousand shapes to suit thousand different
interests. We would, therefore, advise the
officers Of the steamers. if they design to con-
tinue the transportation of oysters, to at once
pay their tax, under protest, and go on with
their operations. The matter will iu that
shape be eventually tested, and if the tax was
not intended to be levied against them then
they will have their money refunded.
The Inspector, we learn, is operating Oh the
authority of the highest law officer nf the
State, and if there is any mistake, it is in the
careless wording of the law, which restls as
follows:
2. Every captain or officer oil vessel which
shall be employed in carrying oysters taken in
the waters Of Virginia, shall obtain from an
inspector license, for which he shall pay to
said inspector a tax of three dollars per ton for
every ton said vessel may measure, according
to the custom-house enrolment or license; and
it shall be the duty of every such captain or
officer to have such license framed or 50 set or
placed upon the quarter deck or binnacle Of
bis vessel, as to be exposed to the full view oil
every person who may board said vessel
which license shall authorize such vessel 10
carry away oysters for one year. Every cap
tain or other officer of vessel who shall load
or carry away oysters in his vessel without
such license, shall pay fine of not less than
FIVE hundred nor more than two thousand dol
lars for each offsass
Now, every steamer is vessel, according tc
this loose wording; but is train of railroad
cars vessel? for railroad cars carry away
from the waters Of Virginia large quantity
of oysters. And if the cars, in this Case can be
considered as vessels, where is the end Of the
tax on them, surprising all the cars of rail.
road are liable to this taxi.
From the nature Of the wants of the people
which prompted the enactment OF this law
we do not believe it is intended to make regu,
lar time steamers carrying Packed Oysters
pay this tax. The law was intended to pro.
tect the oyster interests of this State, by pre-
venting vessels from running into the water:
of Virginia, loading with oysters and carrying
them elsewhere for planting purposes, and
thereby leaving nothing for profit to the
State or its inhabitants. The law was Ger.
tain|y never intended to prevent the shipment
and sale of the products Of the State after
those products have yielded profit to her
citizens.
Under this view Of the law we should moi
hesitate moment to pay the tax, under pro-
test, if we were engaged in running gula
line of steamers from the waters of Virginia
and acting as common carriers.