Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1893-03-05
THE OYSTER LEGISLATION.
Another Answer TO Senator stubbs-Uo
tenabie acknowledgements Message.

To he Editor of ne DisDdtch'
A recent number OF TIE RTcHMosp DIS
ptrcu contains singular article from
Senator james N. StuDbs ON the subject OF
the oyster tax. II deserves some copsldera-
ton.
The premises are wrong and necessarily
the conclusions. The gist OF his argu-
ment is this The lands of the Iidewater
people are assessed higher than some otner
counties Of the State, and hence they pay
n larger proportion OF the taxes. Inc
weakness of this argument land IT IS pay
inc it an extraordinary amount OF respect
10 dignity IL even by tho name OF ar2u-
menD can be shown IN q lnomenI. n
sworn officer assesses the land, and II the
land in the 1idewater district Is more
valuable than in other parts OF we
State. it ought to paw more; out YET tne
proportion and therefore the actual Dur-
den IS exactly the same; mus II "A a na
100 acres OF land assessed at IS an acre anu
he paws 80 tax 10 tho State. and mas IVY
acres of land assessed &C $50 an acre ana
pavs 800 dollars. the burden Is eAacty
equal, because BIS land Is ten times as
valuable. Surely 10 needs no comment 70
sustain so selt-evident proposition, ana
vet this IS all that tho distinguishes
Senator can say against the milo aud Jnse
and equitable oyster law passed oy tno
the Senator picks out counties all oyer tho
State. not CONTIGUOUS 10 each oher. and makes
a table and compares it With his section.
But even then he makes no distinct poius
except that his section pays > cents per
capita more than othor portions Tor crlihi,
nal expenses. Mons pGritrh mos ndScltW'
What the oyster tax has 10 do with inc
criminal expenses Of the state !: Is some
what difficult TO imagine.
AHoTHTR ATTACK.
And this leads me TO mention another
savage attack OF distinguished gentle
man from Underwater on the oyster ieglsla-
ton MIR. John B. Donovan, IN an ADDRESS
delivered before the Bar Association or
Virginia. He takes the broad ground that
the State of Virginia has no right to legls-
late about the oyster-beds IN any manner
that would conflict with the so-calied
rights OF the first taker (who must De
resident of Virginia.. who happens TO take
possession OF and utilize them. he claims
IL | understand him correctly-that by
custom, by the common law, and Dy pre-
scription all the people OF the State nave
the right of common in the ovster-oads
which are not subject TO legislation. His
position II not tenahle, and cannot be
maintained either upon principle or au-
thorIty.
FIRST. Because no local custom can exist
| in Virginia or indeed IN any OF tue. States
of this Union; because, 70 use the IAN
guage Of I'd Minors Institutes. page cog.
when our ancestors came hither IN l6Oi
they brought with them the common Ia"
of England and the general statutes made
/ in aid thereof. biR not any tocdt cuS'onls mono
! Of which, therefore. existed that year IN the
/ colony" and he quotes abundant authority
70 sustain this proposition. II the non:
John g. Minor Il right there can oe tound
no warrant for the night OF common IN me
common law. because no common right
of custom ever existed in Virginia.
CANNOT EXIST.
Second. As no custom can be immemo-
| rial in Virginia it follows n necessary
; consequence that no prescription can re-
/ and hence prescription cannot exist IN r
| ginia. Two eminent Virginia law writer's
/ sustain this ropOsition-namely IuCAer
Commentaries, page 2ll, 1877 LomaXs III
eest. page 786, aud their reasoning IA. II
seems TO me. unansweraole, ana 20 TAR as l
am advised the Virginia decisions are IN ac-
cord with the law a. laid down by them
on this subject. The date of ininifn'oriGt :
tn rs it is termed in England, commenced
in the first year of the relon or hlng
/ Richard l., long prior TO the discovery OF
America.
! At common law public waters arc VA;
/ fglA wherein INC lllt tIUS hhAA lAOWsf AAAA
that eminent law writer. the Hon. Johl
/ b. Minor. I'd Minors Institutes, page
! 10, states that the power OF the Legls.a-
ture over the public rights Of navigation
! and fishing within any waters IN It's bounds
. IS ,llrcs'rtcei provided 1t does not inter-
fere with the power of the United States
to regulate commerce." and hence 1t Is
admitted that state may 10y law regulate
the use OF fisheries and OYster-beds wlthln
its territorial limits, though IN nayigab!s
| waters provided only that tho free use OF
I the waters tor the purposes OF Navigation
and commerce DO not interrupted" Inc
authorities. both State and Federal, are
ample TO sustain this proposition. Since
the net of 1873 Code of 1873. chapter lXii,
section J. this law he's never been Sc
riousiy controversial IN Virginia and -
never likely TO be, as IL is based not ONLY
upon well-established precedent. but also
upon principles OF reason and common
sense.
TIE GOVERNORS MESSAGE.
The present esteemed Governor Of Nir-
qinia. the Hon. p. W. Mckinney. in his mes
saee to the Legislature of Virginia OF date
December 9. 1891. proved cOnclusively that
/ under the then existing system not only
, was the State deriving no revenue worm
I mentioning FROM the oysters, but the sup
ply was yearly decreasing and the day was
, not Far distant when the OYSTER OeuS WOMB
be practically valueiass. This MESSAGE
brought 10 bear the plain principles OF
common sense upon anlnteresting and i'm
portan. subject, and the present act was
based upon It. 10 Is not saying too
much OF this now celebrated message that
II changed the opinion Of the people OF the
Commonwealth on this subject and II VII!
live IN history as one OF tho most important
papers that ever enanated from the Gov
ernor o. this Commonwealth; agentleman
whose sense OF justice Is such that he IS IN
capable OF making 4 suggestion Of unJustly
burdeuing one section of the state 10 the
detriment OF another. 1t NAV be stated IN
the conclusion OF this article that the
methods for increasing the products OF
oyster-beds suggested by our distinguish
ed Governor have been tried in other
States with great and signal success.
CA2al PAIIEsoN.
Sunnysids Place. buckingham county, Ia.