Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1871-02-24

ODa0400 u U0o A9DOBooy 00oo1oI 0poo S0e
Rsseaaas Fsshiag Law q 1870.
The attention OF Governor Bowie having
bseo called to the question Of the validity Of
the Act Of the last General Assembly, reIat-
ing to Fishing 10 the waters Of the Potomac,
his Ezcelleuey referred the matter @ Attorney
General Jones for his opinion. This w. give
bsIow. It will be seen that tho Attorney
General il Of the opinion that the Act Is inope-
rativs without the assent of the Virginia Le-
gislature. Governor Bowie, feeling che nsces-
sisy Of having The matter definitely and salts
factorily settled and suxious, as far as posi-
ble to protect the Interests Of our citizens has,
We understand, entered into correspondence
with -Govsrnor Walker Of Virginia, With a
view to securing the concurrent legislation
necessary, By the Legislature Of that State
now in session. Az our Law OF 1870 is in
tended only to prevent the incursions Of. for
sign OILERS into our waters, We do not see
that any reasonable objection to its provisions
can Be urged BY Virginia, her citizens being
sonlssssdly entitled to the came rights aud
psivilee~ y ours. spd We therefore hope that
shs necessary action will b taken by that
State 10 time for the spring fishery. The
following is the opinion Of the Attorney Gen.
sral, above. referred 20: -
BALrrxoRE, February 18th, 1871.
Hss EbesReaey, ODEH Bowu,
Governor Of Maryland:
~ Dear Sir :a-In reply 70 yours Of the
10th instant, enclosing che letter Of j. W..
Nischsll Ed, ID regard 70 the validity and
s6ect ef the Act Of the General Assembly of
NSSlend, Of 1870, CD. 206; relating to fsh-
inS u the waters Of the Potomac river, have
the honor 70 state ~ follows: Mr.. Mitchell's
letter admits that Virgins has not assented
to this Act, but hs thinks, nevertheless, that
1--WE hayel the right to enforce our own law
upon our own sida Of the river, perhaps be-
low low.Ixt@ lpstk, except 90 to Virginia's
,6shermen." In view Of the decision Of our
Court Of Appeals, in the case Of the State Vs..
Hc6msn, 8 Nd; - 10 the year 1856, j am
compelled to dissent from the opinion intimat-
ed By Mr. Mitchell. Ills certainly true that
In regard to the regulations of "c0mmerce,"
and punishins piracy, &C., the. provisions
OF The Compact u 1855, between the two
States, were, superseded BY the adoption Of
the Constitution Of thS United States. But
our Court off, ppeslss 10: The cdss shove cited,
held thataAhs l8sb Artists a that Compa0t1is
in foil force. 70 Wit: "that al laws and regu-
lations, which may b necessary for the pre-
Of fish 10 the river Potomac, shall
be made With the mutual assent and appro-
bssioa OF both Stasss." They further held
that sn indictment under the Act Of 1916. for
dshisg With sillnets 10 the Potomac river,
must sver that that Act had been ssssnted to
by the Legislature Of Virginia; and our Act
could have no operation unsil sssented to. Is
required BY the Compact, and. that the Court
Wa bosad 20 take judicial notice Of the Com
paet - = subsisting Law Of Maryland. s....
/ an Of opinion that this decision ID COM
elusive upon the point, and that the Act Of
1870, CD. 206, 10 imperative without the a.
ssntso che Legislature ofNirginia. :; :
With high tseard. i remain. very respect
fully and truly. youn. ISAAC D. JOINS.