The daily morning journal and courier., 1898-04-18
OF INTEREST TO oYsTERMEN.
A Decision Handed Down by Judg


 A Decision Handed Down by Judge Wheeler Saturday. In the superior court Saturday Judge Wheeler handed down a decision in the case of Eaton against Lane, a decision which is of interest to oyster growers especially in Connecticut and in other states. The decision settles the case in which it is given, if sustained by the supreme court, and also settles the rights of individual growers to natural oyster beds.
 About twelve years ago J. L. Brad ley and several other gentlemen engag- ed in the oyster business applied to the selectmen of the town of Orange for the exclusive use or monopoly of certain natural beds, comprising about 100 acres lying south of Savin Rock. Objection was made on the part of others growers to the granting of any special privileges to these applicants. The objection reached the superior court, and a committee was appointed by the court to settle the dispute. The committee held sessions In the town hall at Orange and heard both sides of the controversy. The grounds in question were staked off and the com mittee made It's report with accompa- nying maps. Their decision was that | the grounds in question were natural and could not be controlled by private | individuals. In other words, the com mittee decided that these grounds be- longed to the public and that any grow CT should have the right to get seed oysters from them.
 Jonathan Ingersoll was clerk of the superior court at the time and it Is said | he sent the report to the selectmen of | Orange It should have been recorded in the town clerks office, but for some reason it was not, and notwithstand- | ing the report of the committee the se- lectmen, Charles F. Smith, Charles T. Sherman and E. J. Tree, granted to MT. Bradley and several other gentle men the monopoly of the 100 acres of natural grounds lying south of Savin Rock, a consideration of s2o0 being paid for the property.
 Since then the original owners have | sold these beds to Frank T. Lane, ! well known oyster grower, and others. l These men have had exclusive use of | the seed coming from these 100 acres. In brief, they have enjoyed monopo- l ly of property the superior court de- | cided belonged to the public. A few months ago Charles N Eaton and other oyster growers, forming what is known as the Connecticut Oys- | ter Growers association, instituted. through Attorney Prentice w. Chase, a | suit against MT. Lane and others seek ing to divest them of this monopoly. l Bristol, Stoddard & Bristol and Roger Baldwin represented MT. Lane. Last
 June, when Judge Robinson was sit
 ting in the superior court, MT. Lanes attorneys filed their answer to the com plaint made by MT. Chase and MT. El- liott, associated with him.
 The complaint set up that, under sec-
 tion 2326 of the revised statutes, the
 selectmen of Orange had no right to
 sell the natural grounds in question.
 The report of the superior courts com
 mittee was cited and for several other
 reasons 1t was argued that MT. Lane
 and the public in general should have
 access to the grounds in question.
 The answer to the complaint cited the fact that the committees report
 was not of record and that the grounds
 were in more than five and half feet
 of water. To the answer MT Chase
 entered a general demurrer. Judge
 Robinson started to hear the argu-
 ments, but when they had proceeded
 before him for an hour and half he said:
 "Now, gentlemen, your whole case
 seems to rest on this demurrer, and no
 matter which way I decide, one of you
 would go to the supreme court"
 The attorneys for both sides then agreed to reserve and go directly to
 the supreme court, but subsequently,
 they could not agree upon the facts,
 and three weeks ago the demurrer was
 argued by Messrs. Chase, Elliott and
 Baldwin before Judge Wheeler. His
 decision, handed down Saturday, sus tains the demurrer. He holds that the
 report of the committee appointed by
 the superior court should have been
 obeyed, and that the selectmen of
 Orange had no right to grant a mon
 opoly to any one of these 100 acres
 south of Savin Rock.
 It is thought MT. Baldwin will appeal
 to the supreme court. but if this de-
 cision should be sustained it means
 that the 100 acres of natural grounds
 will be thrown open to all oyster grow