The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-12-17
THURSDAY, DECEMBER, IL 1908.
The cardwcll Bill.

The more closely we examine the Card
well bill. whose purpose Is to break the
Baylor survey, tho more thoroughly con-
WINGED are we that it should not be pass
ed. at least at this session Of the General
Assembly,
Let's look at some Of its provisions.
Section provides for the selection or
two members OF the House Of Delegates
and one member of the Senate, who are
hereby appointed, created and constituted
special committee authorized, empower
I'd and directed to lease to citizens OF
Virginia such bottom or ground within
The Baylor survey as. in the Judgment OF
the committee, is not natural oyster bed
rock or shoal. as defined in section l OF
The bill.
Section provides that "a natural. oyster
bed, rock or shoal In the State of Viz
ginia shall be, and is hereby, determined
and defined to be bed rock or shoal
where there are growing naturally, and
not from planting or other artificial
means of propagation, oysters In such
quantities as to furnish profitable en-
ployment to the citizens Of this State H.
censed and authorized by law to take or
8 catch oysters In tho waters Of tho COM
monwealth.
L It is thus seen that under this bill
the General Assembly of Virginia Is called
+ upon to put It absolutely In the power OF
three members of that body to determine
what are the natural oyster beds. rocks
or shoals Of the waters Of Chesapeake
Bay and its tributaries. now included In
the Baylor survey, and TO lease all such
bottom or ground TO any Virginians who
may apply. They are not required In the
bill to determine by survey or by any
other scientific method what constitutes
natural oyster bed. rock or shoal within
the BAYLOR survey. This Is to be de-
termned BY the Judgment" of the COM
mittee.
Moreover, they arc authorized to lease
such bottom or ground In this survey us
they may elect to such Vlrginians as may
apply at the ratio of 81 per acre for
each and every year of rental, and so long
as such applicant shall continue to pay
such rent for the whole of such planting
ground assigned 10 him: ha'shall have tile
exclusive right to occupy such ground fol-
period Of twenty years, subject only tic
the right OF the General Assembly to ro.
woke such assignment for violation OF suct
applicant, or his assigns, OF any nyste,
law or laws now in force or which may
be hereafter enacted. 1t matters not how
good or how bad the ground may be, i
is to be rented at the uniform price o;
81. an acre per annum.
After such leases should be made the,
would become contract Of the State
and 1t would be beyond the power of TIN
Legislature To revoke or modify the con
tract, SO long as the lessee compiled
with the oyster laws. If ,..e State shoult
lease these bottoms for twenty years, an,
thereafter annul the lease by any stat
utory enactment, such Statute itself wo'l
be void because 1t would be In conflic
with the Consti luton OF the United State.
which forbids State TO enact a la,
impa!rng the obligation of a contract
Section OF the bill provides that 9TH
said committee is authorized to sit, receive
consider and grant AFFILIATIONS for groun
or bottom during the present session {
The General Assembly, as we'll as durin
the vacation OF the same" Therefore,
the bill should be passed the committ
would have to dc this work within lie:
than thirty days.
II will neve. do to railroad such 9
Important measure through. Already que
tons are being asked and rumors al
atlot. We repeat what we have alreac
said that however sincere and patriot
may be those members who are pushil
the bill to ask that this great intere
DO passed upon by legislative commit
With sucn lightning speed, is SO unusu
and unbusinesslike, as will surely ma
II the occasion OF serious animadvers
and criticism,