Evening journal., 1905-03-20
sneclal 10 rhe EvsIng JournaI.

passage by the Legislature Of a bill
regarding what is known as the 'l2-
mile circle" there has been much COM
ment and dissatisfaction expressed by
local fishermen and from what can be
learned some Misunderstanding.
Nor has this dissatisfaction confined
alone to fishermen but many members
OF the bar are not satisfied at the ac-
ton OF the Legislature inasmuch as
the important point, that Of boundary
dispute involving the jurisdiction OF
United states district marshalship is
still in controversy. The proper place
to settle this question, legal men say,
IS In the United States Supreme Court.
EXTRACTS FROM BILL.
The following are extracts from the
bill pertaining alone to clauses touch
ing upon fishing in the river:
Article III. The inhabitants Of the
said states OF Delaware and New Jer-
sey shall have and enjoy a common
right Of fishery throughout, inand over
the waters Of said river between low
water marks on each side Of said river
between the said states, except so far
as either state may have heretofore
granted valid and sub1isting private
rights Of fishery.
Article ~. Immediately upon the
execution hereof the Legislature Of the
State Of New Jersey shall appoint three
commissioners to confer with three
commissioners 10 be Immediately ap-
pointed by the General Assembly Of the
State OF Delaware for the purpose of
drafting uniform laws to regulate the
catching and taking Of fish In the Dell
aware river and bay between said two
States. which the said commissioners
for each state respectively shall With
in two years from the date OF their ap-
pointment. report to the Legislature Of
each OF said States the proposed laws
so framed and recommended by said
joint commission. Upon the adoption
and passage OF said law so recommend
ed by the respective Legislatures
said laws shall constitute the sole lows
for the regulation Of the taking and
catching OF fish I'm the said river and
bay between said States. Said laws
shall remain In force until altered,
amended or repealed by concurrent leg
islation OF the said two States. Said
commissioners shall also ascertain the
dividing line between said river and
bay. and upon each of the shores OF
said two States, whore said dividing
line extended shall intersect the same
shall, at the joint expense Of said
States erect q suitable monument e
mark the said dividing line. Said di.
v'ding line between said monuments
shall be the division line between III,
said river and bay for the interpreta-
tion and for all purposes OF this COM
pact, and OF the concurrent legislation
provided for therein.
Each state shall have and exercise
exclusive jurisdiction within said river
70 arrest try and punish It's own in
habitants for violation Of the concur
rent legislation relating to fishery here
IN provided for.
Article Y. All laws OF said states re-
lating 70 the regulation Of fisheries in
the Delaware river not inconsistent
with the right OF common fishery here
inabove mentioned. shall continue IN
force in said respective States until
the enactment OF said concurrent legis
lation as herein provided.
Article VI Nothing herein contain
ed shall AFFECT the planting. catching OF
taking OF oysters. clans or other shell
fish. or interfere with the oyster in
dustry as now or hereafter carried on
under the laws OF either state.
Article TX. This agreement shall bl
executed by the said commissioners
when authorized TO do so by the Leg
islatures Of the said States. II shall
thereupon be submitted to Congress FOL
its consent and approval Upon the
ratification thereof by Congress II
shall be and become binding in perpe-
tuity upon both OF said States; ant
thereupon the suit now pending in the
Supreme Court OF the United State.
shall be discontinued without costs tC
either party and without prejudice
Pending the ratification hereof by Con.
gress said suit shall remain IN statt
qou."
MAY BE UPSET.
As the situation, now stands there
will be no change in the present laws
for two years TO come at least and
possibly not at that time. The frs
step under the enactment is for tn,
commissions 10 Jointly frame uniform
laws regarding the catching Of fish
The said laws being duly agreed upol
must be presented two years hence 4
the Legislature OF Delaware and aisl
OF the State Of New Jersey and con
CURED in by both those bodies. Thh
step being accomplished the laws al
drafted must be submitted to thl
United States Congress for its ratiflca
ton inasmuch as the government ha
certain rights IN all navlgable stream
that must be observed.
Therefore there is a possibility OF tn
Joint commission not being able Il
reach satisfactory agreement regard
ing what law should be, a possibilit
that, should a satisfactory agreemen
be reached that n Legislature to b
elected either in this state or New Jer
sey refusing 10 ratify said agreemen
or TO have anything TO do with II and
further possibility OF the laws as pass
ed being unsatisfactory TO Congress.
Summed up. the bill gives New Jer
sey fishermen the same privilege as tn
Delaware fishermen within the 12-mi.
circle. II also provides that eac
State shall have exclusive right to ar
rest on the river its own inhabitant
who violate the fishery law and tr
and punish them according to the law
OF the said State made and provide
for such offenses. It further pro
vides that upon the enactment OF IN
measure IN full that the case now pend