The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1899-11-11
THE U1IPORY OYSTER BEDS.
Opinion Held by Attorney-General
Phelps -Trespnssers to be Prosccu-

| ted.
Clerk Matthewson, Of the shell-fish
commission, YESTERDAY received an
opinion from Attorney General Phelps
relative to the alleged trespass upon
the natural oyster beds at Southport by
Talmadge & Lyon. The opinion is as
! follows:
Hartford, Nov. 7, 1899.
A. Nee. Mathewson. Esq:
Dear Sir-Your favor of November 1,
stating that a dispute has arisen con-
corning the claims of private individu-
ais in and upon certain oyster beds sup
posed to be natural oyster grounds in
the mouth of Southport harbor. is re-
celved. You also inquire regarding the
right or claims. | am informed by
your communication that the disputed
territory is included within that area
established and des .gnated by the she'll
1lsh commission and ratified and con-
firmed by the Legislature of 1886, a de-
scription of which is found in the pub
lie acts of 1885, page sol.
/ find upon examination that the ex-
act description is followed in the revi-
SA|ii
page 51S If it be true that the dispu-
ted territory is within the limits of the
Fairfield bar as Fairfield natural beds"
as now defined by statute, / believe 1t
to be the duty Of the shell-fls commits
sioners to treat that area as natural
beds irrespective of the claim of private
individuals; otherwise private individu-
ais might set up claim under one pre-
text or another, to any one of the natu-
raj beds and thus create extreme con
fusion.
If it be true that these claimants have
good fortune for their claim by reason
oil certain grants which We're obtained
prior to the establishment of the she'll
fish commission, they should make good
their rights in the courts.
l think it is the duty of the commits
sion to treat as natural oyster beds all
area within the limits specially desig-
mated by the present statute as such.
The law provides penalty for certain
acts of trespass upon these natural
beds; section 240 of the General Stat
utes of the revising of 1883 regulates
and restricts the use of certain boats
and contrivances in taking up or dredg-
ing for oysters, injury or removal of
any signals or buoys located by said
commissioners or by their. order for the
purpose of designating or locating she'll
hsh grounds, Section 2311 provides that
the commission may appoint certain
persons to be shell-fiSh wardens who
shall assist in detecting and prosecuting
offenses against shell-fsheries laws.
| gather from your letter that these
private individuals are entering upon
what is designated by the present stat
utes to be natural oyster beds, and are
removing buoys ordered placed by the
commission and are substituting their
own buoys and marks. and are opera
ting as If they were the owners of the
beds.
Ii this be true / think the duty of the
commissioners is plain, as | have be-
fore remarked to regard these beds as
the law regards them as natural oyster
beds. and to protect and guard them.
and through their fish wardens prose-
cute the Offenders as is especially pro-
vided by law.
Ii then the parties offending are sue
cessful in establishing their right by
reason of some grant which anti-dates
the appointment of the shell-fish com
we'll and good, if not, then they
are plain offenders under the law. In
any event the shell-fish commissioners
have performed their duty leaving the
courts in the last instance to decide.
CHARLES PHELPS,
Acknowledgement