Peninsula enterprise. [volume] (Accomac, Va.) 1881-1965, 1902-07-05
Reply 40 Citizen.

torial from the Edisor himself. These
articles are very misleading uniu'
tentionally, we hope, and not only
work Injustice to all concerned, bur
are we'll calculated to disturb the
public mind, and stir up some
prejudice among large Class OF our
citizens. The writer evidently has
not studied the law, and the subject
dealt with, as he should
1t seems to be therefore only prop
er and right that the public mind |
should be set right as to the matter
with which he attempts to deal. Now
what are the facts2 Let me state
them briefly, and let the people
Judge as to how far "Citizen's" lack
of correct information has carried
him from correct statement OF
facts. 1t is we'll known that the
Baylor Survey on the seaside was
grossly inaccurate; that much oyster
rock was inadvertently omitted, and
considerable area of planting ground
accidentally included, and this applies
to some extent to the whole sea side.
1t is also a well known fact, that the
oystermen have been qnick to take
advantage of these mistakes, large
areas of natural rock having thereby
fallen into the hands of planters,
while conversely there are still lying
numberless areas of barren bottom
upon which oysters have never
grown, locked up in the lines OF that
survey, and while the planters are
vainly seeking for more ground upon
which to plant. This fact may be
entirely new to "Citizen" but there
is not a seaside oystermen in Vlr-
einia to whom it is not we'll known.
The Legislative Acts, which your
correspondent has misinterperted'
provide simply carefully regulated
method to remedy this condition as
it can now be done, and to BRING
some measure of relief to the oyster
men. These bills were recommended
by the Board of Fisheries and have
twice before the last session, been
introduced into the Assembly under
their patronage and endorsement,not
only for the sea side, where the mis-
takes are especially glaring, but Tor
tine whole tidewater section. They
provide that where any area OF pun
lie rock was left out OF the Baylor
snrvev. the Board of Fisheries at its
discretion should have the power &c
set it aside for public use, provided
it had not been already assigned;anc
conversely, that barren ground yield
, ing no natural growth, if the area
embraced at least so acres, might l1
the discretion of the Board be taker
out of the Baylor Survey for plant
q ing purposes.
The exact language of the Act is al
follows: After such investigation
q and examination as they deem prop
- err, said Board shall determln
. whether said ground naturally grow
= oysters 10 sufficient quantities L
make the taking Of the same prohta
q bic to practicable oystermen in tn
- manner that such oysters may %
- lawfully taken, and whether the sam
- contains natural rock, bed or shoa
# so that oysters can catch in sue
b. quantities, and if said Board sha
4 determine that so contiguous acre
"a or more, does not naturally grow oy'
II tiers in such quantities and does nc
. contain natural rock, bed or shoal l
such quantities and ought TO
leased out for planting purposes,sa
Board can lease &c.
= These are the facts and the publ
70 will see how nearly "Citlzen" mas al
- preached a correct statement in b
>, effort to enlighten the public min
N as to the matter in question. r
a. seems to lose sight entirely OF II
o. manifest object of the bill, and
- purpose to protect and defend tt
= public rights and privileges. The
49, is no oysterman in Virginia who
!, not Jealous of our natural rocks, al
-, who has not found fault with the /
advertence or negligence that turn'
them out of the survey. There is
oystermen on the seaside who do
not admit that there are numberle
areas of barren ground and unprot
able to the public, that should n
have been included in that surve
and that for the benefit of the pla
n tiers, and the revenues of the Stai
should be made available for plal
ing. ,.. :.
To- contrary, how carefully this attem
to correct an error that has be
- overlooked and guarded by the Ia
First, no area within the Baylor 81
vey could possibly De fedse" Ou0
, planting purposes unless 1t contal
lie, ed 90 contiguous acres OF oarr
ground and on which there are
nat ural rocks, unless the error OF =;
,l1 survey was gross and palpaLIe: /
y. Board was estopped in the beginnl
CT from taking note of it. the boa
nts was required personally to lnsp'
The the ground and after having done
In it was only at their discretion and
their judgment that it could be leas
ay, at ali. They are supposed to be
guardians of the rights OF the oyst
es> men and were created to do just
m by all classes. Furthermore a
III safeguard in the event the Boz
age erred in their judgment,or a lGlsta
was made, aud did not comply W
the provisions of the Act, these p
. visions were made by which the o
l. termen could appeal to the coui
court. AK for commissioners TO
will anime the grounds upon It's mer
ade and if it could be shown that
nl ia arrad in its discretion a