Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1886-05-20
DSLAWARE,s FISH.
Important Report by the House Ju-
dietary Committee.


dietary Committee.
WASHINGTON, May 17.-For many years
there has been q contest over the fishing
privileges in the Delaware river between
the states of Pennsylvania, New Jersey
and Delaware, the last named State having
passed stringent laws to prohibit citizens
of Pennsylvania from catching fish across
the State line. A bill to give all citizens
of all states the right to fish in all navi-
gable waters, subject to the same laws,
was introduced by Everhart and sent to
the committee on commerce. That COM
mittee declined to consider the question
and sent it to the committee on Judiciary,
who have finally reported adversely to it,
no reasons ever having been given why it
should be passed. Their report is elab-
crate, and is as follows:
The proposed bill would give by act Of
Congress TO the citizens of the several states
OF the Union equal right with the citizens
of each state to fish In the navigable waters
and lakes OF the latter. The question in
yolyed depends on the title to the waters
and lakes referred to. For purposes of
navigation they are free to all the citizens
OF the several states alike, and the power OF
Congress to regulate commerce between the
states Includes the right to prevent any hos
| tile legislation by any state againstthe equal
rights with its own citizens of the citizens
| of all the other states, or 1t is forbidden by
the clause of the constitution, which gives
| to the citizens OF each state the privileges
and immunities OF citizens in the several
states.
| in the English courts that ever since Magma
| Charta, the crown cannot grant to subject
| a several fishery In an arm of the sea or in
naylgable waters, but that all such waters
and the beds thereof are vested In the crown
| for the benefit Of the subject thereof, and
| not to be used In any manner to derogate
| from the right OF navigation, which belongs
| to the subjects Of the realm.
In this country, by series of decisions,
| the Supreme Court Of the United States has
| settled the law In accordance with the
| English courts; that upon the revolution
| the rights OF the crown In navigable waters,
| and inclusive of arms Of the sea, devolved
upon each state as to all such waters within
| the territory OF each of them.
The same doctrine was maintained as to
new states as well as to the original
| states, and the right OF the state fixed to all
the beds of the rivers below high water
mark. In Smith vs.. state OF Maryland the
right OF the state of Maryland to the shell
| fish and floating fish In Chesapeake Bay
/ was established as the sovereign right OF
i the commonwealth devolved upon her from
/ the crown at the revolution, a right which
| she could control without violation OF the
/ constitution by such regulations as were
needful to secure this public right without
interfering with the navigation of the
waters. Mr.. Justice Curtis delivering the
| unanimous opinion OF the court.
The unanimous Judgment OF the court
| was delivered by Mfr. Chief Justice Waite,
| by which the right Of Virginia to use and
| appropriate the navigable waters OF Vir-
| Rinia for the benefit of her own people for
i the taking and cultivating OF fish, as a
| property right, and not as privilege or
immunity Of citizenship, Is established,
/ though thereby the citizens of other states
/ are excluded from the same rights. This
right is one of property in the citizens OF
Virginia, and not a privilege or immunity
OF citizenship. 1t is true the last decision,
though In the opinion made to apply as
we'll to floating fish as to shell fish, only APP
piled In fact to shell fish; but your commit
tee see no reason why the principle OF these
decisions should not apply to both.
Your committee, therefore, being OF
opinion that the navlgable waters within
the State belong to it, subject to the para.
mount right Of navigation for the benefit oil
Its own people, 1t has the right to secure the
exclusive right OF fishing In them to Its own
citizens by virtue of their common property
In said waters, and that the citizens OF Other
states have no constitutional right, nor car
Congress confer any, TO participate In fish
irg in them,
Your committee recommends that the bill
referred to lie on the table.