The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-02-05
FISH AND OYSTER LAW.
why the Present Law should lie
Amended.

To the Editor of The Post.
Port Lavaoa, Texas. January 29.-I was
commissioned deputy lsh and oyster com
missioner on November II. 1899, gave a
good and solvent bond took the same oath
as the sheriff or commissioner and / sup
pose / am. liable to the same penalties for
malfeasanee.
AT that time more than two months OF
the oyster season had elapsed, and only a
few licenses had been issued by my prede-
cessor. In good faith | have endeavored
TO fnlhll the duties of the office, with only
partial success. That the intent Of the
law is TO protect common interest no
one VIII deny. that Il meets the re-
quirements no one VIII affirm 1t Is
blot upon the statute book subject Of
ridicule, rebuke TO the legislative abll-
ity OF the State and as II stands Is an
eleemosynaTy contribution to the main
tenance OF the fish and oyster commits
sioner,
1t Is so weak that the county attorney
hesitates in issuing a writ for a defiant
oysterman, doubling II a conviction can
be had. II IS so weak that the attorney
generals Office declines TO give an opin-
ion in answer to two applications from
this office as TO its efficiency, alleging
that courtesy to the FISH and oyster COM
missioner forbade. u had thought any
State officer had access to the attorney
generals Office for Information as TO the
prosecution of his official duties.) II is
so weak the commissioner takes no active
steps to enforce it, but lets the burden
rest upon his deputies, giving neither
active nor moral supprot; his passiyity
creating in the minds OF the Ash and oys-
termen belief that the law is imperative,
or else he would enforce II. The law is
so weak that the commissioner let's his
deputy In Matagorda issue licenses at
prices agreed upon, or IN other words, It
becomes a matter Of bargain, and con
tents himself with admonlshing this dep
uty; but the bargaining goes on. An oath
or bond seems of no force in enforcing this
law.
desire 10 avoid loss Of time in
conflict with the State on the part OF some
of the law-abiding citizens has induced
some fishermen and most OF the oystermen
TO comply with the law. the latter inhu-
enced by the cut rates OF one deputy,
which, by the information ! have, ranges
from $3.50 to $3.50
The fishermen in the main from this
point treat the law with contempt and
defiance. The number OF boats engaged
in the two industries from this port Is
over forty.
L
As | understand the intent Of the law, 1t
is that licenses shall be had before any
fish or oysters are taken. This, In my
opinion, could have been effected II the
commissioner had exercised the authority
vested In him. even as lame as the law Is.
This opinion is borne out by all intelligent
men here. Such being the condition, It
can we'll be seen how difficult It will be
! TO enforce the collection Of the remaining
licenses. To make an efficient law
stripped Of superhuous verbiage, 10 plain
that The who sails may read and not err
therein" is a matter OF common, practi-
cal sense The men this law affects are
not college graduates. accustomed 70 pick
I ing up scraps here and there, as the law
Is. and putting them together for con-
clusion. The conclusion must be made for
them.
The interest OF no one person should be
considered. only the common heritage OF
the citizens OF Texas For the benefit OF
the taxpayers Of the State | ask that the
law be stripped OF It's eleemosynary nature
until II is enacted in the form that Will
effect the fostering and protection of that
( interest or so great moment to all the
J people OF Texas. W. b. Willis,
Deputy Fish and Oyster Commissioner