The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-12-03
AGAINST OYSTER ToxGERs.
curt Decides They Must Keep OF
the Oemler Beds.

the 0emler Beds.
1,,5ge Falligant rendered his decision
Yesterday in the case of Augustus Oemler
a-,inst william Jones and others, in
ryrieh the Judge sustains the position of
che nlaintif. holds that he and he alone
- entitled to the use of Inc oyster beds
for which he has leases, and enjoins the
dsfeudauts from gathering oysters from
these beds until the further order of the
court
s,-ung from the amendment to the orig
NAL oyster law, in which brakes chart
has its attribute of finality as evidence Of
4he existence of a natural oyster bed in
any of the waters along the coast taken
away from it, and is made merely pre-
sumptive evidence Of the existence of such
a bed Under the original law a great
many leases had been taken out, in some
cases il was contended by the negro oys-
termen and others who had not taken out
,5ese leases, on land where there were
natural beds. These latter, if they were
natural beds, were not so marked on
brakes chart and the omission left them
open to lease by the first who made appli-
cation to the proper authorities.
When the law was amended the negro
oystermen proceeded 10 gather oysters on
the leased territory, on the theory that as
some of the natural beds had not been
marked on the chart, and as natural beds
were not open to lease, they had a right
10 gather on what they contended were
natural beds that had been leased. This
inaugurated a warm controversy between
the negro oystermen and Capt. Oemler,
who controls a large part of the leased
oyster beds in this county, which began
by his paTolling his beds with men and
saotguns and ended with an appeal to the
court
rrba ,,eeroee baoan the LEGAL 6ebt NV CO
curing a restraining order from Judge
Srabrook, in the absence of Judge Falli-
CANT prohibiting Capt. Oemlers interfer-
ence with their gathering oysters. on the
disputed territory. Capt. Oemler retaliat-
ed by securing a second restraining order
from the court, prohibiting the negroes
from gathering oysters in the same place
In the meantime, though, the negroes had
Already it is asserted, worked on the beds
night and day, and had succeeded in dam
aging them to the amount of $1,000.
1t was the application of Capt. Oemler
for an Injunction, upon which the restrain
ing order was secured, that has Just been
decided by Judge Falligant. The case was
argued some time ago, the Judge reserv-
ing his decision until he could investigate
the law of the case more fully than he had
an opportunity to do at that time.
The exact grounds of the decision Of
the court are not stated. When the argu-
attorneys for Capt. Oemler, Messrs. w. b.
Stubs and w w. Gordon, Jr., that the
change in the law affecting the conclusive
ness Of brakes Chart as evidence, impair
ed the vested rights of those who had
taken out leases before the change was
made and that hence as to them, it was
unconstitutional and void. 1t may be that
the force of this contention appealed to
Judge Falligant, and that his decision was
on this ground, but it may also be that he
was of opinion that under the present law,
brakes Chart is prima facie evidence, and
that it was wise to preserve the status
quo. The decision is not full on these
points. oAe 40
The Injunction rendered is temporary
merely, and is subject to future modifica-
ton. Should the attorneys for the de-
PENDANT so desire they may have the case
called at the next term and argue it anew,
when the disputed facts at issue will be
submitted for determination TO a jury
Should the fact be, though, that Judge
Fallgant is convinced that the change in
the law is unconstitutional so far as it
affects those who had taken out leases
before it was passed, that will end the
matter as far as the Superior Court is con-
cerned. If the defendants then desired
TO carry the case the Supreme Court that
would be the only remedy they would have.