Evening capital. (Annapolis, Md.) 1884-1910, 1907-08-19
FILES ANSWER
OYSTERMENS MAIN CoNTES-
TION CONCEDED


Tna ~kelIfsn foutuIl lssseas znztfsa-.t
It's attorney. Thomas ~ Naa4ussan.
has lled is answer CD the sus1 -t-al
entered against it ~ William ~
Webb and twenty-thr1s esasrS. aas.-slN
oysteTuen living iu t4e Nlesnsry "a
Herring Bay. Anne Aranalsl .e.faniEs
in which the validity ek taear stlr-
vey j. attacked iu eunneefsan win
the entire dssixnation uf tlerElnz Bag
A. natural bed or naEUa a aof-
TOM as the ease may ee-
It j. claimed ~ the oys-srslzeu ltAt
the entire bottom of Herring EaF ~
natural bed hutthis elalm - e1aE.
aetarized a. absurd oV t1e answer at
the Sheilfsh Commission t1rouzs lts
attorney It is claime4 ia aae answer
that Herring Bav euutain~ -.-tst aeres
Of bottom. AMI that cf this a mn~4
liberal allowance for natural aEstss
ground j. So acres
The answer of the t'ouzHasSslssFi. lss''s
ever. comedies the dlrect uosn9 90 lsssza
in the suit. VIZ thai tae portion ut
bottom for which a lease has Neen
executed to Matilda = forhes- sen-
resented by q eomuttlees = a. = zzltI-
ter uf fact natural oyster zraslnl 1a.l
not the subject of leasing haAss H1
course. imvalidates the leasN- An
connection with this the t'eusEulsa.sEu
admits that there are % 4ere3 Euutl--
nous to the Herring Bay bar wAleh
should be classed a n4tarAA beds
though they have been styled aaEEren
bottom In the chart 81 the survey
TIE charts will. az the eonelaslan of
t. suit, be amended 50 a. t. iucilltls
It's portion within the lines 81 the
natural beds
In explanation 81 the mistake Nhlch
the Commission concesles Eaa4 81 has
made. tire answered. Mr. Eaofnsam SAYS
that the survey 0f Herring Bay waa
made with the greatest care paeslale.
but thar the working force 0g the gumf-
mission was not al the tifue lu pes
session 81 apparatus which Nas a4tar-
wards devised and waieh insures that
the working OF plotting the natural
beds should be- done with zrea1er AZ
curaey. It also says thai al lhe tlute
the beds of Herring Bay were .oearesi.
the force - the Commission was very
much hampered by adverse wealler
conditions
A. the suit uow stands. howeser. lt
is one 81 the most important im tls
public aspects % any Recently nrougnt
in the State, inasnueh a. iE vii test
the validity Of the whole eourse ef lhc
Shelifish Commission particularly lu
is framing Of q definition uusler which
the division bctweea the -maEarai
and barren bottom has been nsasle
/ in the waters adiaeenE t. Anne AElu-
/ del county. Is now being uasla ln t1e
waters contiguous to Somerset eounty
and will BE- made throughout Eae
waters ~ the rest ~ rise STATE a. t1e
survey progresses.
Under the law. the appeal 80 test
this matter may pc Dr0ugn1 before
auy Judge ~ the eirculf which IN
| eIudss the county in which the al
accent bottoms have beeu surveyed
and has decision Isl hnal- - fAT a.
the Law states. fhere - n0 nrov tsigr
/ for tire matter % reach fhe tamrt 20
/ Apuealsl and it Is d0uatfHE 81 airs
/ tribunal can pass upon Be- Au nuv
1 way. NJ IS therefore qulsa possible
i that the Judges in the dEferene eir
cults IN which such appe4ls may D.
| brought will render different deel-
| sons and consequently fhae thsre wliI
| be one rule for certain UoFtiens of
| the bag and another for ofhers-
1 Tuder the definition adopted - tse
i Commission. bottoms are eEassesa AZ
barren or natural according 60 tAe
amount ~ young oysters - 8lle 4
| which they contain. &c Is guits pos.
| siDIe that the courts viii noi8 f1a1 t4e
/ Commission was Fundamentally 3 = sfsn1
in this position, and that more after.
1 fiOu should have been pail - -
former productivity and the pesslhsi.
ity ~ ft beirZ restored sargugB nIfur-
~ agencies. such q decision Wguld
render the whole work - fbs Commls.
sion ~ % this point - practical I y
1