The Birmingham age-herald., 1909-09-16


 the public oyster reefs and beds in the
 waters of Alabama; to provide for the
 establishment of a Board of Oyster
 Commissioners. to prescribe their du-
 ties, and provide for their compensa-
 ton; to regulate the manner of taking
 and catching oysters on such public
 reefs and private bedding grounds. and
 to prescribe the measure of oysters in
 the shell; to prescribe license fees for
 boats engaged in taking and catching
 oysters; to fix and prescribe a tax upon
 oysters canned and packed in this state;
 to provide for the protection and patrol
 of oyster grounds. and to provide for
 the leasing of water bottoms owned by
 the State; to fix penalties for the viola
 ton of any of the provisions of this
 act; and to create the Oyster Protection
 Fund from moneys arising under the
 provisions of this act, for the purpose
 of defraying the expenses of the Oyster
 Commission, and generally to regulate
 and control the oyster industry and matters connected herewith.
 Section l. Board of Oyster Commission Created.-Be it enacted by the Legisla-
 
 Board of Oyster Commissioners created, which board shall consist of three mem bers. two from the qualified voters of Mobile County and one from the quail fled voters of Baldwin County; none of which commissioners shall be interested in any way in any branch of the oyster industry, but all of whom shall be famil- far with all branches of the oyster in- dustry. These commissioners shall be ap- pointed by the Governor as soon as prac- ticable after the approval of this act One Commissioner shall be appointed for a term of two years; one for a term of three years, and one for a term of four years, and at the expiration of said term or terms such vacancy, or vacancies, shall be filled by appointment by the Gov ernor. Each member of the Board of Oyster Commissioners shall hold office during his term and until his successor in office is appointed and qualified.
 Sec. 9. Duties and Powers of the Oys- ter Commission.-Thatt the said Commis- sion shall have the authority to sue and be sued under the style of the Oyster Commission of Alabama, and all process against the said Commission, and all suits in it's behalf shall be brought by the President. The said Commission shall have and keep copies of all it's bylaws. papers and other records and copies of any proceedings bylaws. papers or other records shall, when certified by the Sec retary of the Commission under it's cor porate seal, be received in all courts as prima facie evidence of the acts, docu- ments, records. proceedings and bylaws of the said Commission. Said Commits sion shall adopt bylaws for its own gov ernment and for the government of its employees. Any person. in interest. who should be aggrieved by any such by laws, acts. leases or proceedinGs. shall have the right to test the legality. just ness or reasonableness of the same in the Circuit or Chancery Courts of Mo- bile or Baldwin Counties. as such person may elect. The Commission shall keep a record of it's proceedings which shall be published within five days after each meeting. in a journal published daily in the City of Mobile. Alabama. which jour nal shall be designated by the Com mission. as soon as practicable after this act shall be effective, and at the end of each six months thereafter, upon bids to be submitted to the Commission. The bylaws of the Commission shall go into effect upon the expiration of thirty days from the date of the publication in the journal, as provided for above. It shall be the duty of the Commission. at each regular session, to examine all the ac counts of the Commission and of it's em- ployes, and to determine what work shall be undertaken within the scope of the Commissions powers and duties. The Commission shall. so far lies within it's power, improve, enlarge and protect the natural oyster reefs of this State as It's means shall permit, and shall assist in protecting lessees and owners of private bedding ground in the enjoyment of their rfe and cIo1l nlye tta11 to the Governor and shall make a report to the Legislature at each session there of, which said report shall set out the general condition of the oyster industry and shall contain such recommendations as by the Commission may be deemed proper for the development of the indus try and the proper protection of the rights of the State and its citizens.
 Sec. 3. Time of Meeting and Duties of Officers.-That the Commission shall have an official seal and shall meet on the first Monday in each month, from Sep tember to April. both inclusive. and at such other times as business may re- ouire, provided that the Commission shall not have more than twenty meet ings in any one oyster year. which said oyster year shall extend from the first day of each September to the thrty-frst day of the following August. Meetings shall be held at the office of the Board
 
 may call special meetings at any time, by giving five days notice to each mem Der of the Commission. The Commission shall receive and audit accounts of the oysters bought and canned and all ac- counts of all canners and all dealers in oysters, and the accounts of all Deputy Commissioners and members of the Board, and of the expenses incident to the carrying into effect of this act; and shall see that privilege taxes and license fees as hereinafter provided are paid and that the officers of the Commission faith fully discharge their duties: and the Commission shall hear complaints of any person or persons aggrieved by the action of the Commission or any officer or off cers thereof. The members of the Board of Oyster Commissioners shall receive as compensation Five Dollars per day for each day during which they are engaged in attendance upon the meetings of the Board or visiting the factories or ship pers, or caring for the reefs or supervis- ing the planting of shells and oysters but in no event shall any member of the Commission receive per diem compensa- tion exceeding 20 days in any one oyster year. as above provided for. In addi- tion toI.he per diem compensation. how ever, each Commissioner shall receive his actual travelling expenses in going to and returning from the meetings of the Board. or performing other duties as herein specified Such expense accounts of each Commissioner shall be audited by the Board and as audited, allowed. The Board shall annually at a regular meet ing to be held on the first Monday in September, elect a President from their number, who shall preside at all meetings and have one vote. The Board shall also