Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-12-07
HANNAH OYSTER LAW
Potomac Not Included in Its
Provisions.
CULTURE OF THE BVALVE
Legal Points of Measure Construed by
Counsel.
PROTECTION OF THE SHELLFISH
Lessees Of Beds and Bars May Use
Dredges and Power Engines
Steamboats, in Leased Waters.
PROTECTION OF THE sHELLFIsH

BALTIMORE December 7.-Since the
enactment of the Hannah oyster culture
law great many questions OF interest,"
and Importance to oystermen and the peo-
pie generally have arisen regarding the law.
The shellfsh commission has asked for
a number of opinions from Mr. Thomas
H. Robinson, counsel for the board, and
oystermen all over the state have written
to the board and to Mr.. Robinson asking
for opinions upon provisions OF the act
" hich they wish construed.
Mr.. Robinson has stated his views upon
a number of these points. He said:
"A great many persons want to know
exactly what territory the law covers Inc
law applies to all the waters of the state
of Maryland. The sole exception, IN my
Judgment, is the Potomac river. The tax
ing of oysters in that river is regulated by
the compact of 1885 between Virginia and
Maryland. This compact cannot be abro-
gated except by the consent of the two
states.
Patuxent River Included.
1.-THE question has arisen whether land
beneath the waters of the Patuxent river
is covered by this act. In my opinion, the
act applies to the Patuxent river, as well
as to the other tributaries of the bay. L
am aware that act was passed at the
last session of the legislature relating to
the PatuXent river after this act, KNOWN
as the Hannah law, was signed. The latter
is general law applying in terms to all
the waters of the state and the Patuxent
river act is a special act limited to the
waters of the PatuXent river.
81 have stated the reasons for my con-
clusion that the general law Is in force in
the Patuxent river in a formal and some
what lengthy opinion, which have handed
Nhn il
would not be interested in the technical
reasons supporting this opinion. | have
advised the commission that the question
whether the Patuxent river law is in force
should be decided by the courts, and not
conceded by the commission, and 1 pre-
sumo this will be done. l know of no for
NAL action that has been taken by the
board on this subject but l suppose 1t Will
at the proper time proceed to survey the
land under the waters of Patuxent river
in the manner provided for in the general
act.
The term Chesapeake bay and its trib-
utaries,' used in two places in the act, ac-
plies, ir my judgment, to the tributaries
of riverG which do not empty Immediately
into the Chesapeake bay In other words,
in my judgment, the term tributaries of
the Chesapeake bay includes all streams
which flow directly or indirectly into the
bay.
Worcester County.
"Al.other point which has been discussed
is the question whether the land beneath
The waters in Worcester county is included
In the operation of the act. In my judg
ment the waters of Worcester county are
clearly included within this act, and have
informally stated, and will state later on in
a formal opinion, my conclusions on this
subject and will advise the commission that
the waters of Sinepuxent bay, within the
boundaries of Worcester county, are to be
surveyed in the same way as the Chesa-
peake bay and its tributaries under the new
law. / have no doubt of this construction.
1.-THE general term waters of tbs state
which is used in the caption of the act and
hensive Ale through the act the legisa-
tive intention is clearly apparent to include
the natural beds, bars and rocks of the en-
tire state within the survey. There is no
exception to this.
Says Exemption Was Repealed
1T is ccntended by persons who wish to