Morning journal and courier., 1886-08-24
NATURAL OYSTER BEDS.
Places Where the Oyster crows and
 FlOuriSheS.

Places Where the Oyster OSrONs and
 FlOurlshes.
 Considerable discussion has arisen as to what constitut es natural oyster beds. Some of our oyster dealers, speaking on the sab= 5ect, say that many parts of the bottom of Chesapeake Bay are natural oyster beds, while no part of Long Island Sound is 50 considered. While oysters can De cultivated in Long Island Sound, as is done to great extent, still the beds in which they are raised are not considered natural oyster beds. On the general question writer says;
 The construction e the term natural bed mas gwen rise to many disputes in Connecti- out, and the commissioners in the discharge Of their duty of exploring and mapping nat ura1 beds have experienced no little difficul ty. When place for public hearing in regard to natural beds was decided on par ties appeared, accompanied by eot1nsel Those whose work was confined to the nat ural beds sought to make those beds as large Rs possible, while the oyster cultivators had an interest in restricting them, so as to leave portions of them open for designation and cultivation, for which purpose these and ad- jacent grounds are very valuable. Various definitions of a natural bed were given. The commissioners finally adopted the decision and definition of Judge Charles F. Colds borough of Dorchester county, Maryland, on this subject, as comprehending the true legal definition of a natural bed. Judge Goldsborough's decision is as follows: "There are large and numerous tracts where oysters of moderate growth may be found in mode rate numbers, but not in quantities sufficient to make it profitable to catch them, and yet where oysters may be successfully planted and propagated. In my opin- ion these cannot be called natural bars or beds of oysters within the meaning of the acts of the Assembly, and it is just such lands the State meant to allow to be taken up under the provisions of the act But there is still another class of lands where oysters grow naturally and in large quantities, and to which the public are now, and have been for many years, in the habit of resorting with view to earning 8 iveli- hood by catching this natural growth, and here, think, is the true test of the whole question. Land cannot be said to be nat ural oyster bar or bed merely because oys- ters are scattered here and there upon it and because, if planted, they will readily live and thrive there; but wherever the natural growth is so thick and abundant that the public resort to it for a livelihood, it is 8 natural bar or bed and comes within the above quoted restriction in the law and can not be located or appropriated by an indi- vidual." Even with this definition it is not easy to determine at any given time what grounds may fairly be considered as natural beds. The beds are not uniformly produc tive over new surfaces, but vary considers bly, from year to year. Barren spots one year are productive the next The general outlines of the beds, however, are preserved from season to season, though there are some changes. Occasionally big storm will coat bottom with clean sand or shells about August, and as consequence spat will set tie there and a bed will be formed.