Morning journal and courier., 1893-08-02
prescription, or adverse use, for any

1t Is very certain that the people have at
no time within the memory of man gone
about the cliffs in carriages, or even
claimed right TO do so. They have there
fore failed to establish prescriptive right
to go at all, and consequently the million
aires can shut them of whenever they
please. But-and what a large word but
Is when properly used-read the ninth Sec
tion of the same chapter of the statutes.
'Nothing herein contained shall be so con-
strued as to affect any rights of the shore
to which the people of this state are now
entitled under the charter, constitution or
bylaw, or to apply to any preceding &C.
tion."
So 1t becomes necessary to see, In the
next place, what rights OF the shossn
are conferred by the constitution. Until
1S43 Rhode Island fourished under the
charter granted by Charles IL Then the
craze to have a constitution took pos
session of the people and the present
constitution was established.
Art. l., section II, Is ss foiiows:
"The people shaIl continue to enjoy
and freely exercise all the rights of fish-
cry and the privileges of the shore. to
which they have been heretofore entitled
under ths charter and usages of this
state
To 60 to the foundation of the matter
appeal must now be made from the con-
stiturion to the charter.
The charter of Charles ii. granted In
1865 to the governor and company of
the English colony of Rhode Island and
Providence plantations in New England
In America" is worth reading. 1t is one
of the broadest, most humane and most
liberal of all the charters granted TO this
country. The section in point is Rs fol-
lows: Provided also, and our express
will and pleasure is, and we do by these
presents, for Us, our heirs and succes-
sors, ordain and appoint thst these pres-
ents shall not in any manner kinder any
of our loving subjects whatsoever from
using and exercising the trade of fishing
upon the coast If New England, in
America, but that they, and every or
any of them, shall have full and free
power and liberty 10 continue and use
the trade of fishing upon the coast, or
any Of the sess thereunto adjoining, or
any arms of the seas. or salt water rivers
or creeks, where they have been aocus-
toned to fish, SC &c"
Il therefore appears from the charter,
the constitution sud from the general
laws of the state that the original c9m-
mon law right of approach to. and use
of, the shore for fishing purposes-Com-
mon of piEcary, as the old books call IL
is still reserved to the citszsns of Rhode
Island together with the enjoyment of all
fish caught, with the exception, perhaps,
of the whale ard the sturgeon, which
wore royal ish and hsd to be reserved
for the kings table, Whoever represents
the king can claim these dainties, and 1t
Is immaterIsl to the present inquiry
whether he take his whale boiled or frisd.
II therefore absolutely follows that the
tnrF II -. 3.
| approaching the shore for fishing pur'
| poses, and for no other purposes- All
1 other uses of the cliff walk are illegs
| and constitute trespass. PrOmensdins
| for viewing the SEA, for inspecting arch
itecture, for meeting friends, for display
ing clothes, or for flirting. can no lopgei
| be tolerated.
Proprietors have the right TO station
| themselves at the point where the patti
| enters their premises and challenge eve
ry approaching stranger. Every one
who is not q citizen of Rhode Island ana
| who is not on fishing bent can be handed
| over to the nearest constable. There may
1 be, and there will be, questions As to ihi
| amount of proof required. VIII the in
tru6er's bald statement that he is a citZsr
\ of the state be sufficient, Sc, SC Tn
1 imagination can conceive OF many intri
cate and puzslipg questions arising unde
this head. Fishing intent would be NOR
easily proved. The possession of g To-
and bait should suffice. A fishing bRske
would furnish cumulative evidence. /
chummer with gsh would be irrefutabl
proof.
When ell these matters are understood
| and settled there is still point which ma,
occasion trouble If not collision. Approach
must mean direct approach. IT citiEsl
| A in full fshiug rig happen 10 fnd him
self In front OF millionaire 8. = gigsnti
grille on Bellevue avenue, and just ther
happen to hear that the fish are runnin,
off BIS Cnidisn temple, has he not tn
right TO demand in the name of King
Charles immediate approach, though 1
should lead not only directly through b. =
bsnquetting hall, but even through tn,
| Cnidisn templel Can "a plea that hi
/ guests will be checked by As marine ap
p-arance be accepted. or HE excuse tina
the Cnidian temple is being used for chi
dian purposeeE a. cannot BE- turned bach
to Marine avenue. Long before he coult
reach the Cnidisn temple by such circu
itous routs the fish would have sailed ava,
and King Charles charter be set at nsught
| Verify the trials and troubles Of AmeTi
can millionaires are numerous and ssd.
Enough has been written to prove tn
proposition stated at the beginning of thi
article. American millionsires need tn
protection OF q code. By no other mean
can they work out their splendid destiny
PERIASDER.