The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-09-26
T,lyoINED FROM INTERFERING.
Negro Oystermen Secure an In
annction AGAINST Can't. OemIer.

sunpIiOm Against OemteF.
r.mporarv restraining order was
.-,,r.d Yesterday in the Superior Court,
.,orfns and prohibiting Augustus Gem
~. I7aorge Pinder, Charles Briggs and
c.,r.e Bright from interfering in any way
,.1 the longing of oysters in Oyster
.reek ana Crooked river by the forty
sI,iouffs at whose instance the restrain
IN, order was secured until the further
decree of the court
qy7a Plaintiffs in the bill for injunction
ore William Jones and thirty-nine other
nero oystermen, all of whom have been
s.-ustomed to gather oysters in the wa
..rs of oyster creek and Crooked river,
INIT whose operations therein have lately
horn prevented by Mr.. Oemler and those
.o.ins under his directions.
The petition alleges that Oyster creek
or5 crooked river, whose waters form the
A.s.s of the dispute and litigation now
a. progress, run through the marsh in the
naiebborhood of Wilmington and its sur
rounding islands, and that therein there
are and have been for ages a number of
natural oyster beds located on the bot
tba laws Of the state, says the petition,
these oyster beds are open to the citi-
zsns of the state, freely, without price
ard without the necessity of securing the
assent or acquiescence in such use of any
man or set of men.
Notwithstanding this right, guaranteed
under the law the defendant, Capt. Gem
ier aided by Pinder, Briggs Bright, and
wa r.
with rifles and shotguns, along the lines
of these streams, and has thus prevented
the plaintiffs from longing oysters there.
II IS charged that Capt. Oemler follows
this course under an alleged claim of own
ershp but that in law and in fact he has
no title that would justify him in acting
as he has. The beds, says the petition,
are natural beds, and as such open to the
public and free from the control or super
vision of any one man.
The defendants, it is charged, are adopt
ing the course outlined, to the end that
they may secure all the oysters in the nat
ural beds in question before the plaintiffs
have an opportunity to gather any. The
defendants have caused two arrests, on
charges of gathering oysters unlawfuly,
and have had them committed to jail.
CAPT Oemler is claimed to have notified
the plaintiffs that he intends to spend $1,000
IN preventing the use by them of the wa
teTS OF oyster creek ana crooked river,
for the purpose of longing oysters, and
has in every way exhibited and shown
determined purpose to withhold from them
what they contend are their legal and nat
ural rights. They therefore ask that
4 an injunction be granted, requiring
the defendants to desist from interfering
With gathering oysters In the waters of
the streams mentioned, and for a tempo
rary restraining order, embodying these
prohibitions and to be of force until the
matter can be inquired into further by the
court.
In the absence from the city of Judge
Falligant the petition was presented TO
Judge Seabrook, judge of the Atlantic cir
cult by whom 1t was sanctioned, and the
temporary restraining order was granted.
The restraining order directs that the
defendants, Capt. Augustus Oemler, George
Pinder, Charles Briggs and George Bright,
/ be enjoned and prohibited from interfer-
ing in any manner with the plaintiffs in
4 their gathering of oysters, in the waters
of The streams mentioned in the petition,
under penalty of $500. 1t is further order
ed that the defendants shall show cause
before Judge Falligant, in the Superior
Court on Oct. Is, why the injunction
should not be made permanent. But it
IS provided that the restraining order
shall not go into effect until the plain
tiffs have executed and deposited with the
sufficient security, in the sum of $3.50, con-
didoned TO pay to the defendants any loss
or damage they may sustain, in the event
1t is subsequently determined that the
plaintiffs were not originally entitled to
an injunction and restraining order. This
pond has been executed and filed.
The restraining order and petition for
permanent injunction will be served upon
Inc defendants this morning, some of the
negro plaintiffs expressing a perfect will
nngness to transport a deputy sheriff to
Wilmington for the purpose of serving the
writs
The operation of the law now in effect
on The subject of oyster culture and gath
erins shows the fulfillment of the prophecy
made at the time of it's introduction by
those who opposed its passage These
gentlemen said then that litigation with
Out end would follow the Introduction and
enactment of the amendment to the law
Oh 1881 and there is certainly every ind-
cauon of this being the case.
4hose opposed to the amendment sug-
seSled would have had the original law
changed by providing for new survey,
winch, If any inaccuracies existed in the
one made by Ensign Drake, could have
iemedled these defects. Many believed
mat this survey was inaccurate, at least
~ part, but they would not have had the
Iuehtty of a natural or artificial oyster
pea depend upon the conflicting evidence
WIN a new survey ordered and had and
'le natural beds indicated beyond posi-
NU'y OF error, the matter would have been
settled for all time; as it is now, these
gentlemen think, it will be difficult to se.-
Ue II Tor half a month.