Every evening, Wilmington daily commercial., 1906-01-18

ing done. and after a hard fight. law
was passed providing for resurycy OF
the oyster beds. The governor was au-
thorized TO appoint an engineer TO make
the survey. He has not yet made the
appointment, and IL Is not likely that he
win do So A number of oystcrmcn Ot
influence told the governor that it would l
work great hardship on some who have
had vested right IN the beds for so long
TO make the change, so the governor, the
secretary of State, the attorney general
and the oyster collector reached ana
agreement that the matter should be
settled in this way: The collector is TO
make an estimate of the ground held hy
the various planters, and ii hc finds that
any arc using more than they are paying
/ for, he is 20 collect the money. For in-
stance, if one planter is working three
beds of fifty acres each with one boat, he
is TO be made 70 pay the same amount as
/ if ne were working three boats. An ave
erage of sixteen tons 10 boat Is figured
upon. The officials think that in this
way the State win get all the money
coming to IL, and the cost Of the survey /
| will be made. However, they admit that
the survey will have TO he made at some 1
| time. So far. the action in collecting the |
money due from the men who failed TO !,
declare their full acreage has not caused |
any trouble.
The penalty for the violation Of this |
law, which is not being enforced, is se-
we're. IL provides a fine of not more than /
$500 and Imprisonment for not more |
than six months for an persons who did |
not remove their oysters from beds IL
legally held.
Another law was passed by the last
legislature. which the majority of the
| oystermen approved. IL forbids the use
Of steam, gasoline OF other motive power
to propel the oyster boats. ANY persons
using motive power to move their boats
are liable to fine OF not less than $500,
OF more than $500, and imprisonment of
not more than three months.
A majority Of the Delaware oystermen
had nothing but sail boats. and they pro-
tested against some of the more modern
dredgers, who were using power boats
The power boats had "a great advantage
as on days when there was no wind and
the sail boats could not get TO the banks
or beds, the power boats had the advan-
tage For this reason, IT, was decided to
place all on an equal footing. lncorpor
ated in another section of this law Is
clause which forbids the dredging, hoist
ing or doing any other work ON the boats,
| while they are on the oyster beds, 10y
steam. gasoline or other power. II was
D. claimed in support Of this law that the
power dredges were destroying the nat
ural beds.
A third law was passed by the same
: Legislature, compelling all persons tax
ing oysters from the natural beds Of the
Delaware bay to rough Gull all the oys.
ters, and to return all shells and refuse
upon any boat, when he considers it adj
visable, and measure the culled oysters
on the deck of the vessel, and ii the
measurement be over 20 per cent. Of
shells and refuse, he can arrest the Of
tenders and bring them before a justice
Of the peace. For the first offence the
penalty is a fine of $50, and for the sec
lr ond offence the same fine and the forfeit
is ure Of the offenders license to work on
1t the natural beds for a year.
nc The oystermen in Kent county work
y from the first OF September TO the last
er Of June. In the spring, some Of the oys.
)n ters taken are sold, but most of those
is secured from the natural beds are plant
re ed on the plantations leased from th'
as State. No work on the beds Is allowed
ed during July and August.
r. There is a special act restricting thu
he taking of oysters in Murderkill Broad
is kiln and Jones creeks before October lst
al In Little creek, Simons and Leipsi
ne creeks, the oysters can be taken, 10 b.
IN. sold as plant, after September lst.
in For any purpose whatever, it is un
Ike lawful TO take oysters from the Mis-
1f- pillion river between the first day o
nd April and the first day in October Fo
ch the violation of this law there is a pen
Ier atty Of a fine OF $40 and costs. in de
fault, the person convicted can be i'm
of prisoned until the fine is paid
as A certain portion of Delaware bay i
he reserved for domestic oyster fishing
co. is that portion lying between two paral
ire lei lines and running due east TO the shi
ct- channel, tho first portion TO start thre
,or miles south of the Murderlill creek AM
in to run due east, and the second to com
m mence in the mouth of the Mispillio
pm river and run like course due east. N
oysters can be planted there, except 70
ST. domestic purposes.
lat This part of the bay is divided int
lid flats, each 200 feet on the shore line
if- ANY person, who is a bona fde residen
lid of the State, can select one Of these fiat
ir- by paying a license Of S. each year. n
no section shall include the mouth Of an
NC creek. and the spaces between St. Jono
ST. creek and Murderkill creek is not includ
ars ed in this law. No person holding one q
on these sections is permitted to take oys
To- ters from them, excepting between tn
,5; hours Of sunrise and sunset. All boat
ol- engaged in removing the oysters froi
the beds must have their names painte
he plainly on the STERN, Persons who wan
tor TO take the oysters from the natural bed
Ike in the Delaware bay can do so withou
not taking out a license, provided they d
rn- not take OF use more than five bushels j
as one day.
1t is unlawful to take, by means {
ear tongs, for the purpose Of planting in III
The Delaware bay. OF for the purpose Of sci
lpt ing for planting purposes in the Dell
ON ware bay, any oysters from Leips
orc creek. Dona river, St. Jones creek, Lit
1ut creek or AIurderkill creek. II is also III
ore lawful for any person TO take from an
lgh of the above-named streams any quar-
icy tity of oysters exceeding twelve bushe
the in one day. II is against the law
at dredge for oysters in any Of the creei
err and nrivers of the State tributary
be- Delaware bay. Anyone who is not