The Montgomery advertiser., 1909-09-16
GENERAL. LAWS
Enacted by The Legislature ol
 Alabama.


 for the establishment of Board
 of Oyster Commissioners. to pre-
 scribe their duties, and provide for
 their compensation: 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. ana to
 provide for the leasing of water
 bottoms owned by the State; to dx penalties for the violation 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 ns
 Of the Oyster Commission. and
 generally to regulate and controi
 the oyster industry and matters
 connected herewith.
 Section 1. Board of oyster Com 4 mipsiou Created-Be it enacted by the Legfslature of Alabama. that there ahali be a Board of Oyster Commits efoners created, which Board shall con- eief of three members. two from the analfffed voters of Mobile County and one from the qualified voters, of Balo- win County; none of which Commis- sioners shall be interested in any way in any branch of the oyster industry but all of whom shall be familiar with all branches of the oyster industry . These Commissioners shall be ap- < pointed by the Governor as soon as practicable after the approval or this act One Commissioner shall De ap- pointed for a term of two years; one j nd term of four years, and at the ex- piration of said term or terms, sucn vacancy. or vacancies. shall be nlieo bv appofntment by the Governor Each member of the Board of Oyster Com u1issioners shall hold office during his term and until his successor In once N appointed and qualified. Section g. Duties and Powers of Inc oyster Commission-That the said rsommission shall have the authority 10 sue and be sued under the style Of the Oyster Commission or Alabama and all process against the said com. n,sssion, and all suits in It's behaif shail be brought by the President. The said Commission shall have and keep copfes of all it's bylaws, papers and other records and copies Of any pro- ceedings. bylaws, papers or other records shall, when certified by the Secretary of the Commission under It's
 
 ar nrfma facie evidence of the acts. doc- unents, records. proceedings and by- inws of the said Commission. Said Commission shall adopt bylaws TOT US ugvn Rovernment and for the govern ment of It's employees. Any person m lnterest who should be aggrieved by any such bylaws, acts, leases or pro. ceedinas, shaii have the right to test fine legality, justness or reasonapte- neas of the same in the Circuit or Chnncery Courts of Mobile or Baldwin Counties, as such person may elect: os~ffs proceedings which shall be pup 1ished within five days after eaen r,aating. in a Journal published daily an inc City of Mobile. Alabama, which so,,rnai shall be designated by tne Commission, as soon as practicable af- ter this act shall be enective. an1 e.S a' She end of each six months thereafter upon bids to be submitted to the Tsnmuisston. The bylaws of the Com rnisaion shall go into effect upon the axpiration of thirty days from the date of the publication in the journal. as provided for above. It shan pc tns dufv Of the Commission, at each regu- 2 Yar session. to examine all the ac- counts of the Commission and Of ats amnioyes and to determine what work shall be undertaken within ths ecope of the Commissions powers ana luties The Commission shalL so Tar aa lies within it's power. improve, en@ large and protect the natural oyster reefs of this State as It's means snan Tarrntt and shall assist in protecting iessees and owner Of private peooing ground in the enjoyment of tneir rights, and shall make a report an, nuaIly. to the Governor, and snall ms~s a report to the Legislature at each session thereof. which said repor! snail set out the general condition or the oyster industry and snail contsLn such recommendations as by the Com mission may be deemed proper Tor tns faevelopment of the industry ana tns proper protection Of the rishts ol enS State and its citizens
 Sec. A. Time of Meeting and Duties og Oficers. That the Commlssion shali have an official seal and sha!l meet on the first Monday Tn eacn rnonfh. from September to April. ootn t.c1usive, and at such other times as husiness may require, provided that tha Commission shall not nave more than twenty meetings in any one oys, ter wear which said oyster year snap extend from the first day of each sep tember to the thirty-first day of the SoiIoStnT August. Meetings shall be held at the office of the Board or Oys- ter Commissioners. The President may call special meetings at any time' DS giving five days notice to eacn mem her of the Commission. The CoHInls- sion shall receive and audit accounts oI fhe oysters bought and canned and all accounts of all canners ana all dealers In oysters, and the accounts or al! Deputy Commissioners and members or the Board, and of the expenses incl dent to the carrying into effect Of this act: and shall see that privilege taxes and license fees as hereinafter provid- ed are paid and that the ofncers or the Commission faithfully discharge their duties; and the Commission shall hear complaints of any person or per- sons aggrieved by the action of the Commission or any officer or officers 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 meet : fngs of the Board or visiting the fact ories or shippers or caring For the reefs or supervising the planting of shells and oysters, but Tn no event shall any member of the Commission receive per diem compensation exceed ing twenty days in any one oyster wear, as above provided Tor. Tn addi- ffon to the per diem compensation. however, each Commissioner shall re- ceiye his actual travelling expenses in going to and returning from the meet ings of the Board. or performing other duties as herein speclned. Such ex- pense accounts of each Commissioner shall be audited by the Board. and as audited. allowed. The Board shall an- nually at a regular meeting to be held on the first Monday in September, elect a President from their number. who mknIt ot rneetiuGa and have