Evening capital. (Annapolis, Md.) 1884-1910, 1907-02-09
NATURAL OYSTER GROUNDS.
SETTLEMENT OF BOUNDARIES
DISCUSSED.
Busy Session Of SheIIfiSh Commission
Preparation of The Report Of
Recent Survey.
THE SOUTH RIVER NATURAL
OYSTES BARS.

The work of preparing the report
of the survey of the waters contigu-
Gus to Anne Arundel county, with
maps and charts showing the boun-
daries of the natural oyster grounds
and barren bottoms to be filed in the
Office of the Shellfish Commission
and also with the clerk of the Court
of Anne Arundel county, as require d
by Section 50 of the oyster Cultiva-
tion Act, is being carried on by the
members of the United Stagos Coast
and Geodetic Survey, under Captain
c. c. Yates, who have been engaged
in the surveying work during the
summer with the force of the Com
mission under photographic Engineer
Swepson Earle.
The act requires that this report,
with maps and charts showing the
boundary lines of the be Is shall be
filed within ninety days after the COM
pletion of theSsurvey. The period of
ninety days has not yet begun to run,
as Captain Yates has not been furnish
ed with all the necessary data
connected with the lines OF the
beds as finally settled under the def
milton adopted by the Board. How
ever, the work is going on with the
greatest possible speed consistent with
accuracy in order that the throwing
open of the barren bottoms foI leasing
may not be delayed.
Itis, of course, now impossible to
haze the report filed ninety days in adj
vance of the date of the proposed
opening of the barren bottoms to leas-
ing--April 2, but ii does not appear
that the opening will have TO be post
poned for that reason. Section 80 of
the Act makes it imperative upon the
Commission to open the barren beds
for leasing one year from the passage
of the Act, which is the date mem
toned.
Besides the ninety days in which
the Commission is to file its report,
there are also four months during
which an appeal upon the lines drawn
by the Commission may be taken.
lit appears, however, from Section
30 that these periods may run after
the barren bottoms already surveyed
have been opened for leasing. OF
course, those who lease will take
their leases subject TO a possible dis
possession should the Court hold that
natural beds have been included in
their leases. For this reason il is
necessary to facilitate the work of
preparing the report of the survey as
much as possible.
In connection with this it has been
pointed out that great responsibility
will rest upon the Circuit Court for
Anne Arundel County, as it will un-
doubtedly be the tribunal which will
first review the action of the Shellfsh
Commisson as provided in Sections
81, 90, 80, and "a of the Act.
The Act provides a simple and com
prehensive method~by which the pro-
cedure of the Commission in laying
off the natural beds and bottoms can
be reviewed by the courts. 1t pro-
vides that any twenty-four residents
of the county may file petition with
in four months after the filing of the
report of the Commission, alleging
that certain natural bars TO the extent
of Eve acres or more had been elassed
as barren bottoms or vice versa and
designating such ground by shore
marks or in any other sufficient man
ner and that thereupon q Judge of that
circuit shall determine the question
whether the ground referred TO in said
petition is a natural bed or barren bot
tom, and his finding on said question
shall be final.
one point which is much discussed
in connection with possible review
of the Commission work is the eN-
tent to which the court will under
take to decide upon the very technical
matters relating 10 the definition OF
n natural bar framed by the Com
mission. The opinion seems to be
that while the court may or may not
accept the fundamental idea of
natural bed, i that OF any ground
upon which oystermen habitually
resort to secure the means of liyeli-
hood. " vet that should it-he accepted
il is likely that the deductions would