The Penn's Grove record., 1905-03-24
THE CONTACT WITH DELAWARE
SIGNED.
Equal Fishing Rights Given Citizens
of Both States.

The compact or agreement between
New Jersey and Delaware concerning the
fishing rights in the Delaware river with
in the l2-mile circle was passed by the
Delaware Assembly last Friday. The
New Jersey legislature passed it last Mon
day night and on Tuesday the commits
sioners from New Jersey and Delaware
met in Philadelphia and signed the agree
ment.
The controversy grew out of Delaware
passing a law in 1871 which imposed a
license OF 500 ON nonresident fishermen.
Delaware claimed jurisdiction to low wat
er mark on the Jersey shore on an alleg-
ed grant by the Duke OF York to land
within a circle with a 12-mile radius from
New Castle and in the spring of 1872
twenty-five shad fishermen, mostly from
Penn's Grove and Pennsville, were ar
rested by Delaware officials on a tug.
New Jersey brought a suit in the U. s.
Supreme Court and an injunction was is
sued against Delaware enforcing the
license law until the suit was settled.
Two years ago the Court demanded that
the suit be brought to a final trial.
Much historic evidence has been pro-
cured, but the officials have come to an
agreement and the case will be dropped.
THE COMPACT.
Article L. Criminal process issued un-
der the authority of the State of New Jer-
sey against any person accused of an Of
fence committed upon the soil of said
State, or upon the eastern half of said
Delaware River, or committed on board
of any vessel being under the exclusive
jurisdiction Of that State, and also civil
process issued under the authority Of the
State of New Jersey against any person
domiciled in that State, or against prop
erty taken out OF that State to evade the
laws thereof, may be served upon any
portion of the Delaware River between
said States from low-water mark on the
New Jersey shore to low-water mark on
the Delaware shore, except upon Reedy
and Pea Patch Islands, unless said per-
son or property shall be on board a yes
sci aground upon or fastened to the shore
OF the State of Delaware, or the shores of
said islands, or fastened to a wharf adj
joining thereto, or unless such person
shall be under arrest or such property
shall be under seizure by virtue of pro-
cess OIL authority of the State of Delaware.
Article 2. Criminal process issued IN
der the authority of the State of Delaware
against any person accused of an offence
committed upon the soil of said State, or
upon the western half of said Delaware
River, or committed on hoard of any YES
sci being under the exclusive Jurisdiction
of that State, and also civil process issued
under the authority of the State of Della
ware against any person donliciled in
that State, or against property taken out
of that State to evade the laws thereof,
may be served upon any portion of the
Delaware River between said States from
low-water mark on the Delaware shore to
low-water mark on the New Jersey shore, |
unless said person or property shall be III
board a vessel aground upon or fastened
to the shore of the State of New Jersey,
or fastened to a wharf adjoining thereto,
or unless such person shall be under ar
rest, or such property shall be under
seizure by virtue of process or authority
of the State of New Jersey.
Article 3. The inhabitants of the said
States of Delaware and New Jersey shall
have and enjoy a common right of fish
cry throughout, in and 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 SUBJ
sisting private rights of fishery.
Article 4. Immediately upon the exc
cution hereof the Legislature OF the State
of New Jersey shall appoint three COM
missioners to confer with three commits
sioners to be Immediately appointed by
the General Assembly of the State of
Delaware for the purpose OF drafting uni
form laws to regulate the catching and
taking of fish in the Delaware River and
Bay between said two States, which said
commissioner for each State respectively
shall, within two years from the date of
their appointment, report to the Legisla-
ture of each of said States the proposed
laws so framed and recommended by said
joint commission. Upon the adoption
and passage of said laws so recommended
by the respective Legislatures of said two
States said laws shall constitute the sole
laws for the regulation of the taking and
catchingOf fish in the said river and bay
between said States. Said laws shall re-
main in force until altered, amended or
repealed by concurrent legislation of the
said two States. Said Commissioners
shall also ascertain the dividing line be-
tween said river and bay, and upon each
of the shores of said two States, where
said dividing line extended shall inter
sect the same, shall, at the joint expense
of said States, erect a suitable monument
to mark the said dividing line. Said d.
viding line between said monuments shall
be the division line between the said riy-
er and bay for the Interpretation of and
for all purposes of this compact and of
the concurrent legislation provided for
therein.
The faith of the said contracting States
is hereby pledged to the enactment of
said laws SO recommended by said COM
~missioners, or to such concurrent Iegisla-
ton as may seem judicious and proper in
the premises to the respective Legislatures
thereof.
Each State shall have and exarc;so ox-