The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-11-12
HOW THE CHANGE WORKS.
BRAKES CHART AN OBJECT OF AT
TACK AND DEFENSE.

Legal battle on Between Capt. Au-
Eustus OemIer and the Negro Oys-
termen of Wilmington and the Vi
cinity-DecIsiOn Depends on the
True Definition of Natural Oyster
Beds, According to the Laws of
the State-Contended That the
Change of Law, Affecting the Ma
ture of brakes Chart as Evidence,
Cannot Affect the Vested Rights of
Lessons From the state.
All of yesterday morning and afternoon
Judge F'alllgant of the Superior Court, lis
tened to written and oral evidence and
arguments in the case of Augustus Gem
Ter, against William Jones and others. The
defendants are negro oystermen Of Wa
mington and the vicinity. who. Capt. Oem-
Ter claims. have trespassed upon the Oys-
ter beds which he has leased from the
state. Judge Fanigant reserved his de-
cision.
The bearing came up on petition for
restraining order and injunction, brought
in the Superior Court by the plaintiff to
restrain the defendants from longing the
oysters on these leased beds. In their an
swer to this petition the defendants set
up the defense that the beds claimed were
natural oyster beds, and as such not sub
ject to lease, and that they were within
their legal rights in procuring oysters
therefrcm. They alleged, Furthermore,
that the plaintiff would proceed to gather
oil the oysters from these beds during the
time when they were restrained from do
ing like wise and asked that he also be pro-
hibited from following this course. In
consequence of these several prayers for
init notion. both the plaintiff in the original
action and the defendants had been en-
Joined fIom longing or dredging oysters
within the waters of Shad river and Oys-
ter creek, which cover the territory in dis
pute.
The controversy goes back to the vari-
GUS bits of oyster legislation that have
been enacted by the general assembly Of
the state since 1883. The act of 1891 pre-
scribed that brakes chart, known Off
cially as Bulletin 10 of the Geodetic Sur
Vey, should De conclusive evidence of the
existence of natural beds. A law passed
at the last session of the Legislature
changed this provision by providing thar
the chart should be evidence, but not con-
elusive evidence. 1t is since the passage
of this law that the various controversies
IN the courts, in regard 10 alleged tres
passes on leased property, have sprung up.
There was much testimony offered to
Judge Faligant yesterday. That for the
plaintiff was to the effect that if any OF
the land now leased had ever been natu-
raj oyster beds they had by the course of
time and the constant longing of the negro
oystermen been depleted and almost de-
stroyed, and that they were worthless I'M
less thew cultivated Tho evidence.
for the defendants, on the other hand,
tended to show that the oyster beds which
had been leased under the law and were
now held by Capt. Oemler were natural
beds, and had always been so. They
would always be So said these witnesses.
An important amendment to the origi-
nal petition filed in the case puts new
aspect on the controversy. 1t has regard
to the change in the law made by the act
passed at the last session of the Legisla-
ture, which struck out the word con-
elusive" in the section that made Drake s
chart conclusive evidence of the existence
or non-eXistence of natural oyster beds.
Under this last act the chart is evidence,
but has no greater force now than any
other form of testimony.
The attorneys for the plaintiff claim
that this act of the Legislature merely
changed a law of evidence, and that it
could not, therefore, affect vested rights
inally existed. This contention was ar
gued both by Mr. Gordon and Mr. Stubs,
who appeared for Capt. Oemler, and re-
piled to by Messrs. w. p. LaRoche and
G. w Beckett, who represented the de-
fendants. Il is evident that in this con-
tention there Is much meat for thought
full consideration, and it is very probable
that 1t will affect the ultimate decision of
the rights of the parties.
The argument produced several wordy
spats between Messrs. Stubs and Beck
ett each of the gentlemen claiming that
the other had been guilty of misrepresent-
ing him. 1t was explained, of course, that
the misrepresentation, if it had ever oc-
CURED, must have been unintentinal, but
it was evident that some feeling fingered
still. The case was argued at length by
all four of the attorneys interested in its
decision, and 1t was agreed that a written
brief of the points of law relied on should
be submitted to the Tourt. The case will
be decided after Judge Falligant has had
an opportunitySS4 examine thoroughly the
quoted authorizes, which will probably be
during the early part or the middle of the
present week.