The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-10-07
1c1rBNEN CALLED OFF.
orvfER GRANTED AN ORDER
-, AIMING TREsPAssERs.

2
w., OemIer From the state-Fhe
nt plaintiff Had Previously
restrained From Preventing
ranging oysters at These
,,ace,-A queer tumble of Oyster
Litigation.
~.,ns Oemler secured from Judge
.t of the Superior Court
..r5av a restraining order, pro
.'-r the negro oystermen of
,-.,nr,on and the vicinity from inter-
'ag NTH the oyster beds claimed by
and taking oysters untn the further
Ter Of the court,
~. rrsliminaries that have preceded the
,g.ation for injunction on the part OF
Osmler are familiar to the readers
Inc Morning News. BY the oyster law
sea, D., number of tracts Of land caDa-
of being made into oyster beds were
.resd common property, and II was en-
that these might be leased by any
,rbo desired to do so, upon the pay
ot IN the state of the agreed rental
- q
,tsl the opportunities thus offered, took
ths land and made numerous and eX-
..ye improvements, to the end that
might reap the prospective benefits
n, tbe expected increase in the amount
q oysters that would be found and might
!. gathered from these spots.
rho last session of the legislature the
Ill 1oe changed. so that brakes chart,
II authority that had been made in the
Instance and by the passage of the
~ law conclusive evidence of the ex-
"a nee or non-eXlsTence of natural BED,
made merely presumpliVe eV.dence.
nriug tie present oyster seas the re-
oysiermen have been longing ON the
Fl js claimed by Capt. Oemler and others,
a tbat fl became uece ssary for these gen.
81 ner i'm the protection of what they at
ii et believed to be their property, 10 post
81 ards and prevent depradations by a
q ou of force. The further history OF the
f4hlble and litigation on the subject may
III he learned from the petition filed by
I'm. Oemler. on behalf of himself and
al IN others of the lessees of oyster lands
81 may desire to JON therein.
aur reciting the fact that the leases
II r. executed by the state through its
81 mar officers 10 Capt. Oemier ana others,
ii, p.udon goes on 10 say that the lessees
VI e. ed upon he Ian S thus set apart Tor
ii, IN use and that a large sum of money
expended in The planting and culu-
u ton of oysters. The money thus eX-
Ill Hded amounted TO more than $4,000.
rhe peution further shows that the les
Sc 8 nave for over seven years possessed,
81 nted and cultivated these lands, with
u hindranoe or molestation from any,
81 ,ept occasional parties, who have in
ninstl the criminal laws of the state, in
H. to procure oysters az these points
ri & effect of such cultivation and plant
III SAYS the petition. was to increase very
fngrly the number of oysters on the leased
tstriory The petitioner charges that par
& IN who failed to take out leases, or, haV-
iae taken them out, failed TO cultivate
"a m, nave taken and procured oysters
Wherever they could find them, and have
81 exhausted and depleted the sources Of
shply along the coast that they are now
Id lcally limited 70 private beds, leased
abd controlled by private parties.
his state Of affairs, continues the pc
I'll ln made it necessary for parties who
IL no control or leased beds to take des-
Hk rate measures to secure oysters for con-
sumption and sale, and hence it was that
81 .respaSsel from time 10 time on pri-
W beds. Finding the number secured in
tb way too small, they conceived the
fa Of combining together, and, under
et OF of the laws of the state, to restrain
o. of the lessees from guarding their
81 territory. Meanwhile, they proposed
ID go upon the beds they thus made the
So lec- of controversy and remove the
os styrs theretrom.
this end the parties alluded to filed
81 ir bin for injunction and relief, re-
81 aiming the present party plaintiff from
Mtuering oysters in the beds of the
zN eAS and rivers 10 which he claims title
1E reason of his leases from the state.
II wing secured a restraining order to this
81 ett he said parties have exercised the
ST Attest haste in getting oysters from
III se leased beds and are now engaged,
~ ana night, in depicting and destroy
ne petitioner shows that these men are
w proceeding under some erroneous
81 al advice to the effect that they have
"a right 10 80 upon these leased beds,
~ being ignorant themselves, 'and be-
encouraged by men of somewhat
Ter Intelligence" they are likely to
81 81 unue these depredat.ons The petl-
y ler ana those in like position with him
"a oe unable 10 protect themselves in
III just rights accorded them by the
ana even in attempting to do 80,
2 'V compelled to institute many Grim
Fl PROSECUTIONS and civil suits, 10 main
e, 'AeI rights and privileges under their
Isl ~ Ihey may even be forced to the
eSSliy OF taking violent measures to
wee, their rights, property and persons.
I, TESS Iurther depredations are restrained
an order Of the court
nv petition recites that the parties de-
q t'aI nave already taken over 1900
'eS OF oysters from the leased beds,
4 lAat they are continuing their depre-
III o,s rom day to day and from time
l.'ue' The damage thus inflicted has
81 ''ea the sum of $1,000 and all the par
~ '"sa8ed in this business are alleged
III Nopelessly and painfully insolvent
"'y are TO be allowed TO proceed they
= I'"Ict damage indefinitely greater, to
81 n lney viii be altogether unable to
"a ''N0' should it be determined that they
a ~ me wrong. The date set for the
a ,I7 Oh the rule to show cause is so
n Instant that every damage might be
'Ny done before this time arrived or
"A approached.
Il prayer of the petition for a tenn
ii ieSlralnlng order was granted, and
81 "'leudants were directed to show
al oH oct. 2 why the restraining or
"A a"04Il not be made permanent. In
M Ngdutlme the defendants, to the num-
IA 0' Iofty, are restrained and nrohib-
II ,.'H interfering with the beds in Oys-
ID rr,n ana Shad river, which have