Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1893-09-09
THE SUIT ABOUT SURVEYS.
The Grounds upon which the State Officers
Were Enjoined.

Ex-Cnited States Assistant District At
torney Bristow. as counsel for William
M. Dixon, and others, who have obtained
I'm Chancery Court an injunction to re-
strain the Board OF Cheseapeake and its
Tributaries, and other officers OF the Com
monwealth. acting under their authority,
from including in the oyster survey Ger.
tain oyster lands OF the defendants, yes
terday made for the Dispatch the loi,Dw
ing statement of the case OF his ctcn's
Under the law in force prior 10 the
session acts, 1872. the oyster inspector or
the county assigned to persons applying
for planting ground, such number OF acres
AS the applicant requested. The law pro-
hibited the assignment OF natural rocks 10
individuals, but left the determination OF
what was natural rock TO the inspector
without appeal from his decision. Ses-
sion acts OF 1891 and 1892 provided that
citizens desiring to plant oysters, shouid
apply to the Inspector for assignment OF
oyster bottom. The Inspector ni,hrS tn"
assignment IL he determines the bottom
applied for is not natural rock. and he Is
required 10 note the application ana post
the same at toe county courthouse. Any
citizen deeming the bottom 50 applied Tor
to be natural rocks, can contests the
party's right TO the assignment by appear
to the County Court. making the appi-
cant and inspector parties defendant 10
his contest
THE DECISION FINAL.
"The county court determines the ques-
ton whether the bottom applied Tor ~
natural work. and from its decision there
Is no appeal. Another law was passed
by the General Assembly Of 9l-'92. making
xt ~. H,t4. pf TnuFI of ('lnganeake
and its tributaries, To have the oyster
bottoms of the Commonwealth surveyed,
and maps to be compiled from said sur
vey delineating and describing by lines
the natural oyster bottoms and planting
grounds Of the State. This work Is TO
be done by the shell-iish commissioner
and engineer. with the assistance OF three
commissioners to be appointed by the
County Court OF the several counties con-
tanning oyster grounds. these commits
sioners TO determine where the lines
shall be run, defining the limits of the
| natural rocks and planting grounds. The
! maps so compiled are published and filed
! in the Capitol and also filed in the clerk
| Office Of the County Court II the respective
| counties containing oyster grounds
THE PLAINTIFFS CONTENTION.
Dixon, Iandon and other plaintiffs in
| this suit. purchased certain oyster boz
| toms in Milford Haven, Mathew county.
| from parties who had applied for, and had
assigned TO them the said bottoms 10y
! Walter C. Lane. the oyster inspector in
1889. The shell-hsh commissioner and en-
| gineer acting with the three commission
| ers appointed by the County CoEt OF
! Mathew county, under the direction OF the
direction of the Board on Chesapeake and
It's tributaries. very recently ran the
lines describing the natural rocks in Mil
| ford Haven so so as 70 include this bottom
In the natural rocks. These plaintiffs
| have obtained an injunction 10 restrain the
| board from drawing maps delineating the
oyster grounds in Milford Haven SO as 10
! include this bottom within the limits of
the natural rocks described in Milford
Haven. and they have also In their bill
prayed that the lines may be so run as
| to exclude forty-One acres from the limits
OF the natural rocks.
THE contention of the plaintiffs is tha,
the law prescribing the survey is to set
tie the matter OF natural rocks that have
not been assigned, ana does not apply
TO assignments already made under prev
ious acts"
IL the plaintiffs get decision in theiI
favor, there Will probably be a great
deal of litigation in the oyster counties.
The wrlts were served on the members
of the Board Thursday, and the mattel
was referred TO the Attorney General
who IS in the city.
Mr. Carter Scott said yesterday that h
did not know what would be the line o.
| defense of the Commonwealth, AS he haC
not yet read the bill. He thouSN- how
ever, the actions Of the plainr.Rs have
been taken in the wrong court as th'
Circuit Court was the only tribunal having
Jurisdiction in cases to which the Com
monwealth was a party