Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-12-22

The following in regard to oyster
matters Will no doubt be read with
great interest throughout the Tide
waiter section:
OYSTERMEN UNEASY.
Considerable fear among the oyster
men exists that the constitutional con-
vention may undertake the adoption
OF measures 10 virtually turn our
oyster rocks out to the world. Much
depends upon the representation that
the Tidewater section has in the con-
vention. Ii we are ably represented
by men in whom that august body has
confidence as to Il knowledge of the
oyster question and its interests TO the
people and State, there is little doubt
that the basic principles of protection
will be interfered with.
What we need now are even more
stringent laws IN order TO perpetuate
the oyster industry i'll Virginia. Too
much of the natural bottom is now
being let out. Our oysiermen say that
ii the present wholesale renting out of
lands and bottoms heretofore known
as natural grounds continues that the
seed-oystermcn will soon have no place
to catch this stock. This is becoming
u crying shame and demands early at
tention.
About the only mode of relief ana
protection now practicable, that the
natural rocks and bottoms may rccup-
crate, is the adoption OF Il Gull law,
u strict patrol of the waters i'll closed
season and IL successful enforcement
of the law prohibiting plants from be-
ing carried out of the Sta4e. Farmer
and Fisherman.
a FAMOUS OYSTER CASE.
"AIr. r. NJ. Lett left yesterday for
Isle OF Wight county to finish up the
famous oyster case. lnJtructions will
be argued today ana argument will be
had on She merits of the case.
The action is peculiarly interesting
to river men.
In years gone by there was q contin-
ual contention between the STATE and
the tongers as to what constituted nat
ural rock. Finally, the state had Bay
lor make a survey to include All the
natural rock. Everything within this
survey, whether mud or rock, was TO
be considered natural rock; everything
without the survey, whether rock or
mud. was 10 be considered mud
when the survey was completed
four months were given in which
amendments might be fled and errors
corrected. After that, the survey be-
came official, absolute and ironbound.
In the case in question, the Blox-
ham tract OF $50 acres had been SUR
Neyed it is said but when the plot of
the survey was made in some way. it
was not included. There was much
litigation several years ago resulting
In the Ana;ter being taken 10 the SUI
nreme Court. which decided that the
BioXham trac- was mud-that Is TO say,
not being on the Baylor plot, was out
OF the survey.
Then came the incident leading up
to the present proceedings. MI Blox-
ham discovered some slXty-s seven
oystermen on his tract one day. He
took their names and brought them
into court on charges of larceny Con-
Vicuons were obtained IN the magis-
uale's court on the prina facie evil
dence and the case Went up 10 he ar
eued out alonS the more technical
lines.
ut is hard to tell what the resus,
will be. 1t is n difficult thing under
any circumstances 10 convict y white
man-of larceny IN Isle of Wight. If
the warrant had charged "malicious
trespass" possibly ihe proposition
would have been simplihed
There is no question of the fact of
the tract being without the survey.
There is apparently no question of the
idct that the defendants were on the
tract setting oysters. The only qucs-
ton Is, what viii the jury do?
IN The meantime. MIR. Bloxham is
nn"ins his tract rather expensive. lie
has spent thousands of dollars in taxes
and litigation ana has not. up 10 date
sotten any return from the land 1t is
practically barren ana he has never
planted it on account of Tho deDreda
lions OF outsiders. Probably he will
do so after the disposition of this
case. Newport News Press.