New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-06-13
The News Of Brooklyn
THE NISSEQUOGUE'S WATER.
A HIGH DISPUTE AS TO WHETHER 1T Is
SALT OR FRESH.
ox THAT HINGES THE CONTROL OF FISHING BY
THE STATE OR COUNTY AND INCIDENTALLY
THE LIBERTY OF \ FISHERMAN.

on THAT HINGES THE CONTROL OF FISHING BY
THE STATE OR COUNTY AND INCIDENTALLY
THE LIBERTY OF 4 FISHERMAN.
rishermen's stories are said to vary with the
imagination OF the REALTORS and to Judge by the
evidence given yesterday in the supreme Court
before Justice Clement in a case involving the
rights of the fishermen in the mouth OF the NlSS'-
quogue River, considerable scope must nave o''"
given to ones Imagination
The Nissequogue River is located in Surolk 'ouh-
~. Long Island and flows into The Sound near Smith
town 1t has been known ms great trout S'''''
and is always well stocked with fish number
Of weu-knovn Brooklyn men have spent man!
pleasant hours along It's banks The question which
was brought before Justice Clement ycS'cru"E io'
settlement was whether the state Game ana re-"
Commission or the Supervisors OF SulloN 'ou"''
have control OF the stream. ana also Whe'"'i VIC
water of the river witAn a certain distance OF 'n'
mouth is salt or fresh. The point WIS Dio"F"'
INFO court on the return Of writ OF haheaS corpus
bv which Edmund Field sought to be released rom
the county ja where he is held on a charge VI VIZ
lating the laws regarding fishing IN inlahu ""'o''
In 1885, through the efforts OF the Stl'o ""i"o
aud risb Commission. the Legislature enacted
law prohibiting fishing with a net or any o''''' ""
vice except a rod and lire In any OF inc m'""'
waters of the State Some months before TINS III"
was passed the Supervisors OF Suffolk county
passed an ordinance allowing net hshihE III INV
Nissequogue as far south as the Hogs Leg FIe'"
was arrested on May - while he was net nsnihs
r,r,b ~ tho Leg on the ground that he was vioa' :
Ing the new fish laws by using net III h'''"u
waters. ..., ,,,. woe, Of
His contention and he IL supported ny most o!
the residents Of Shutdown and the Nch,E, - ',"
the waters where ne was fishing are SAT- a'u ho'
nroDcrly inland waters Ex-JudCc Young; OF iiui',-
inston who appeared for the plainiih, sag ~,
his onening ihai il would be contended that F,e'u
was fishing in salt water and that the state flsn
and Game Commission had no jursdlcu"n oNcr
those waters The theory of the other side was
laws governing the river. and that the place wncre
Field was fishing not properly salt WATER
Then the fishermen were called. All those FOR
tho niaintiM declared that the water was sait.
Frank 4 bennett declared that he HAD nish'" IN
EMO \isscnuogue FOR fifteen years. and ne knew inc
water was salt He exhibited iron which ne hau
pulled up at the Hogs Leg bearing oyster Spi''
which nrOved that the water must he SAT-. 800.
"T me- tsohorf G. Eccles. Of No 1el Dean-st. this
civ qualified as an expert chemist ana tesuUcI
mar he had analyzed water taken from the river
a; The Leg and IL was decidedly salt 80,
The pcttioner rested and the nSherineh lor ~"
defence were called. They We're equally sure ma .
the water at the Leg was fresh or Mt the "oTSl
hraCksh \. =, .hu..oa
Matthew Kennedy. Of Hudson y. y. exhibited
hulrlishes cattails and reeds when ne sdiI W."
eure signs that the water was fresh He saii also
fhat sfripod bass which The other fishermen had
testified were found only in salt water. might OFTEN
he caught in fresh water when no iresh wafer was
near the salt Edward ". Tyler OF SWNh;oWn
sad that ne had filed water kegs above IN" lios ;
Leg and the water was no more tnan DrhckI-H
The case will be finished to-day.