The evening world., 1894-05-15
Tho Commissioners Report TO the
Assembly About the Trouble
on Delaware Bay.
THE STATE URGED TO TAKE CONTROL.
Some Change Is Necessary, the Commits
sion Says, to Save tho
Oyster Industry.

TRENTON. May II. A~ssemblyman
Austin presented to the House tonight
the report of the Commissioners APP
pointed to investigate the oyster war
in Maurice River Cove and Delaware
Bay. The Commissioners say:
The extent and value OF the oyster industry in
clated by the citizens OF the State.
The bay is one OF the natural homes Of the oys-
ter In this country. The territory within the bay
where oysters will naturally grow or can be
prohtably cultivated is, roughly speaking, about
two hundred square miles. Between fNe hundred
and SIX hundred vessels, carrying crews OF from
three TO ten men each. are in the business, and,
OF the oyster crop, including that Of the Western
shore, Ia about 81, 600, 900. About forty years ago
the business OF taking the young natural oysters
and planting them upon the pounds In ~the'decp
waters OF the bay was begun. There they were
left to grow until OF marketable value,
The places where the oysters were thus planted
were marked on by stakes and the lands then
selected were under the waters OF the bay In
Maurice River Cove. The title to the lands thus
appropriated to the cultivation Of oysters was In
the state, and they were taken without any legls-
lative permission. Iy a common consent OF the
persons engaged In this business. the stalking out
OF unoccupicd lands in Maurice River Cove and
the planting OF oysters thereon. gave the holder
exclusive right to the possession OF the lands 80
appropriated, and the Invasion OF this right has
always been vigorously resented. These staked-
out territories have been made the subject OF
transfer for valuable confederation. while nc
direct permission has been given by, or title re-
ceiyed from the State to the lands thus occupied
the courts have held valid conviction for larceny
founded on the unauthorized taking OF oysters
from these lands, and incidentally this exclusive
right to possession has been recognized and con
Armed In the various statutes affecting the oyster
business
The territory thus set apart by common conscn,
for the cultivation Of oysters Is about nifty square
miles, or about thirty-two thousand acres, In eX'
tent. These lands are held without compensation
to the State. and no taxes are levied upon then
or upon the oysters cultivated thereon.
| Tho CammisSionars ulote the various
laws regulating the oyster industry, and
refer to the Riparian grants for oyster
purposes north of what Is known as
the southwest line" The Commission
ers say that the men taking oysters
from other places regarded the privileg,
of gathering them from the bay nortt
of the southwest line" as a natura
right, and they did NOT consider thai
the Riparian Commissioners or any
body else had power to override tina
right by special grant. On the othel
hand, the Riparian owners claim tina
having purchased or leased the lands
for a valuable consideration they arr
entitled to exclusive possession. These
divergent Views led to a controversy
the arrests Of men who e%ncro,ached upol
their property. The disputed area con
sists Of $40 acres. The Commissioner
say that the Riparian parts GOVERNS
this territory do not contain or con
fer in specific terms any special oyste
privileges" The Commissioners foun,
that a majority of the persons engaged
In the business agreed on these points
That unless some radical change is made In tn
laws the industry will be extinguished.
That State control OF the oyster lands unde
proper regulations as to their use is desirable.
That the dredging for natural oysters in the ba
should be prohibited either In whole or in pal
for a period OF years.
That a 'trough-cull' law should be enacted
that is, a law requiring the drcdger to separat
the oysters from the shells OF the bed. and thr
prevent the carrying away of the beds then
selves.
The Commissioners recommend tina
New Jersey should follow the exampl
of other States in taking control of tn
industry, and they suggest numerou
regulations. If the State does tax
charge, it is recommended that 1t aC
quire by condemnation or otherwise tn
lands now held under Riparian grants