The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-12-25
licenses REQUIRED
Oysters from the Public Beds
Of the State.
IN DECLARED UNCONSTITUTIONAL
4 ourt of Criminal Appeals in
Case Taken Up from Gall
weston County.

non. Texas, December 24.-Attor-
pu johnson OF the Arm Of Johnson
"a returned home Friday from the
criminal appeals at Tyler. where
reargre the motion for rehearing
ss.sr License case. The court re-
ne decisions and dismissed all the
klilng that the oyster Incense stat
k.r which the four appellants were
Ia for gathering oysters from the
ssds without a license from the fish
MU commission. Is demonstrations.
krtose null and void.
p. johnson e. johnson made an at
pa the constituGlonality OF the stat
Lie ground that it prohibited The
Of the license TO aid persons who
taxpayers property owners), in
xs' and dhls Disseminated against
IL iaYor of tie property owner,
lk mat ghls was class legislation
taaec TO cfeaue g, monopoly, both of
eWnuary TO the cons Intuition. The
sae all affirmed and decided against
eSer men at the last term of the
aMMnil appeals. sitting at Austin.
plason Johnson fled a molion
..,asaiins ana iSargued the whole
- ieaoubied yigor, resulting in the
ae decision OF the appellate
nsSsslon. The fight was made by the
sgmse'Men's association.
Ml eAl OF the opinion Is as follows:
~! was convicted of a violation of
Y, ~ oyslsr law. and his punishment
!. \. : me OF $40. The case was af-
G austin term, 1898, and now
~e US on motion for rehearing.
=, al " Was predicated on this, nroposi-
n ue Statute making this a nenal
sr ~ Deen repealed. Appellant,
tED,ior -nisls thar we oyalla.1xed ule
|sps s M question raised by him, and
|ruy,Ios 0a@i the statute is violative Of
IA !, IN Of section 3 OF article Of
III 2's, which reals as follo es.
w len when they form a social
XVI msn 'e equal rights. and 10 man
,aslis is entitled to exclusive sap-
|cdss..ssin oiaments or privileges. bl.
h oi ,ha OF public services" Thle
kl,,hs statute which lha contends Is
In ~ q this provision Of the con-
d nrs Mat portion which Limits tie
\ Il ss NJ the business u oatcbing
Fasns !, Pubic waters of the State 10
s,s,s TIE United States, resident
|hss,s,.ol Texas, who are taxpayers
Nh an citizens OF the Un3ted
b. m, ay De residents of the Stats
o,Sa, VINO are not taxpayers. from
" n. IN waters controlled or
b sssI STATE. We are referred 10
h Isl, sla o2sk Of the revised civil
ka b b. Article 52ek Is AS follows:
" tas. unlawful for any person 70
|ks n. ossneTs from the public bads
d tba f raie who is not bona file
karaase United States and a resident
4 ss. o. The State. Any psison Of
h fn,,,. st this section shall he
Fsa 81. ~ "a misdemeanor, and upon
fs tb. .,' ne fined not less than $40
49, rssl reads; TT shall be unlawful
|rrs. 10 gatser oysters with ronrs
s..' from the public beds, and reefs
ke ,lss .or sale without a license
|aiy ~ n, ana oyster comm ssioner or
hi n a, each and every pair of tongs
be MAJ 49, on his boat, and for sush
|soner as. pay ths fish aud oyster
n ns,. ATT oils deputy nhe sum of All
e,..., Vi foHgs: and any nersnu |
fhen 20 hold surh license who
Fsni ~ me United States aud, a
|s.r,s a,,ser Of the state OF Texas.
|srfi .sli rs gooi any day OF is
49, aHrll 40 next: such licerss
|sas.. ~ the fish and oy~te-
u.s., HIS dspnty. srd strmned
f.w o rs office. and shall state
IA. "Acsnt and date ~ .is-uan e IN
D ~. Nv rersan ho,1iny su,h H.
|t,r sHn narae may take or cs.rh
|,A, ~ hnA'. ANY or os,ens,-g !
49,, 100 shall re de.n,,S guilty /
h,.s nor AMI u-.cn c,pv'c II, |
NJ no. less than $40 MR. -,o-e |
a, A''h day shall cons'stute
|Isct p saen 'h.. tho statutes on
s 49, - c'a'ne- by him, t.at 4.
|Aev N, are not tsxn,ver- al
~ re rft'>ena NJ the Irnitei |
ents OF the State Of rexaz. !