The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-01-19
OYSTERLEASESTAKENUP
a FIGHT MADE ON TIE OEMLER
OYSTER COMPANY.


Little a accomplished ct Yesterday At
ternoon's Meeting Of the County
Commissioners-Th Discussion to Be
Continued Tomorrow - 4 afternoon
The Application o: the Vernon Oys-
ter Company Not Considered Yet
DR.. FalIigant Expresses His Views
Freely.
The county commissioners were occupied
yesterday afternoon in the bearing Of aTgu-
ments upon the applications for leases Of
oyster lands Very little progress was
made on account Of the stubborn contest by
the opponents Of the leases.
The Oemler Oyster Company had In
thirty-six applications for leases and the
Vernon Oyster Company ffty-two applica-
tions, besides those from private parties.
Lawton & Cunningham appeared for
the Oemler Oyster Company and
X. R. Richards, Esq, for
the opponents of the leases John S. Schley,
ESQ.,, was present to present the claims of
the Vernon Oyster Company. Quite large
body Of witnesses were present for the vari-
Gus interests. TIE corridor Of the court
house was filed with colored witnesses
against the applications OF the two compa-
MES.
Chairman r. D. Walker and Commits
sioners Smart and Meinhard we're the only
members of the board present. County
Attorney J. r. Saussy and Capt. j. K Dill
lon, clerk, were in attendance.
THE oEMLER COMPANY's APPLICATIONS.
The applications of the Oemler Oyster
Company for lands in Oyster creek were
presented by A. K. Lawton, Jr., Esq.
Mr.. Richards stated for the caveators
that their objections were that the land ap-
piled for is a natural oyster bed commonly
resorted to by the public, that Oyster creek
is not a navigable stream, and that while
the applications were made by individuals
they were for the benefit Of the Oemler
Oyster Company.
A. Oemler, Jr, was placed upon the
stand, and testified that Oyster creek is a
navigable stream, as he had navigated it
with an 18-ton schooner for distance OF
three miles from its mouth, and that it has
been a natural oyster bed, but is now en-
tirely exhausted.
Mr., Richards proved by Mr.. Oemler that
the tributaries or ramifications OF Oyster
creek. which were also included in the APP
plications were not nEvigable, and there
fore under the law were the property of the
edjacant land owners and could not be
granted by the court.
Mr.. Lawton withdrew the applications 30
far as they applied to the ramihcation Of
Oyster creek. He agreed that bulletin No.
~, containing Lieut. brakes survey of the
oyster lands OF the coast, was the only evil
dence on the question of leases Of oyster
land and no other evidence could be intro
duced.
Under the act of the legislature the bulle-
tin was conclusive evidence, and no other
evidence was necessary.
THE COUNTY ATTORNEYS OPINION.
County Attorney Saussy gave as his opin-
ion that while the bulletin was conclusive
evidence as to natural oyster beds specified
upon the map it was not exclusive evidence
as to vacant beds not marked upon the map.
DIR. Oemler asked permission to read
a letter from Capt. Cabaniss of the
judiciary committee Of the legislature,
giving his opinion of the intention of the
bill, which was refused.
Commissioners Smart and Meinhard con-
ferred for a short while, after which Mr..
Smart moved that bulletin No. 10 be
accepted as conclusive evidence. Mr..
Meinhard seconded the motion, which, Of
course, was passed.
Mr.. Lawtcn withdrew five of the Oemler
Oyster Company's applications for leases as
they extended across the entire stream. ..--
A little friction occurred between the op-
posing attorneys, Mr.. Richards requiring
Mr.. Lawton to amend all of his applicaS
tons, by striking out the parts referring TO
the ramitications Of Oyster creek, which
Mr.. Lawton ans ered with a demand that
Mr.. Richards amend his caveat also, as he
had announced his intention OF doing, so as
10 include all the applications.
TAKEN UP sINGLY.
Mr.. Richards announced his intention of
taking up the applications one at time
and going through each one separately,
which he proceeded to do. beginning with
the first. The time of the court was con-
sumed in that way until nearly o'clock
when an adjournment was taken
until tomorrow afternoon at $3.50
o'clock. II the whole time is not
taken up with the applications of the
Oemler Oyster Company those of the
Vernon Oyster Company will come up.
Mr.. Richards spoke as if he expected a
reversal of the decision of the board accept
ing bulletin No. 10 as exclusive evidence at a
fuller meeting of the board. Several of
the riparian land owners who claim that
the application Of the Vernon Oyster Com
pany trespass upon their rights were pres
emit. DIR. l.. A. Falligant was one Of these.
DIR. FALLIGANT's TALK.
DR.. Falligant's comment on the ruling of
the county commissioners that "theY would
would not hear any testimony on behalf of
the native oystermen who Claim that nat
ural beds exist that are not put down in
brakes map" was characteristic of him.
Addressing Commissioners Meinhard and
Smart after the sitting was adj
journed, he said: your rul-
ing was the most astonishing
decision l ever heard rendered by a court
having jurisdiction of the peoples rights.
By that decision you declared that you
would hear evidence on one side, but
wouldn't hear it on the otherl repeat that
your ruling astounded me, coming, as 1t did,
from court authorized by law to admins
ter justly in matters under your control"