Evening journal., 1909-06-25
STATE HEARS OF
FISHERY TROUBLE
Mr.. Gray Tells Jersey She
Has no Right to Take Del
aware Fishermen

AS the result Of the arrest OF Abe /
Johnson, a st. Georges fisherman, by
Fish Warden Davis, OF New Jersey, |
while johnson was fishing for sturgeon
in the river on Wednesday, as told IN
THE EVENING JOURNAL yester
day. Attorney General Andrew c
Gray to-day sent a letter TO the at
torzcy general Of New Jersey setting
forth that under the fishing compact
entered into between the States that
the Ash wardens OF New Jersey have
not the right to arrest Delawareans
and take them to New Jersey for trial.
Johnson. It appears. was arrested
while fishing for sturgeon i'm tho river.
Port Penn fishermen, however took
him from the Jersey fish warden &c
the point of a gun.
Following is Mr. Gray's communica-
tion on the subject:
Wilmington, Delaware, June %, 1909.
To the Honorable Attorney General OF
the state of New Jersey, Trenton,
N. j.
MY Dear Sir: Complaint has been
made to me that the fish and game
warden OF the State of New Jersey
has been arresting and attempting 10
arrest fishermen who are inhabitants
Of the state of Delaware and taking
them TO Salem. N. j., for trial. on the
charge of violation OF the fisheries
laws of the state of New eJrsey.
would respectfully refer you TO the
Joint Resolution of the tSate Of New Jer-
sey, approved February 18th. 1905. where-
b ycertain persons therein namsd were
appointed Commissioners in behalf Of the
State Of New Jersey TO confer with like
commissioner representing the state of
Delaware for the purpose Of raining q
compact between the two states. / woulc
call your attention further 10 the fact that
the commissioners in behalf Of the two
states met and prepared a compact. which
was submitted TO the Legislatures OF New
Jersey and Delaware. and adopted, att
ned and confirmed by the Legislatures o
both New Jersey and Delaware in March
1905, and that Immediately thereafter, II
pursuance OF Article 4 Of said compact
the Legislatures OF New Jersey and Del
aware passed another act appointing Com
missioners on the part of the respective
states for the purpose Of drafting uniform
laws to regulate the catching and talkinl
OF fish in the Delaware river and Bay.
Thereafter the commissioners IN behal
OF the two states prepared an act provid
ing uniform laws TO regulate the catching
and taking OF tinh in the Delaware Rive
and Bay and submitted the same TO IN
Legislatures OF the two states and there
after, in 1907. the Legislature Of Delawar
adopted the Act recommended on Apri
%, and on May z, 1907. New Jersey adopt
ed the act recommended by said commits
sioners.
1 would call your attention TO Section 2
Of the act so adopted In 1907. and ais
to the latter part OF Article 4 Of the com
pact between the two states.
would respectfully ask you. therefore
under the provisions Of the compact AM
laws above referred TO- that yolN advis
the Fish and Game Wardens Of yout stat
that they have no right to arrest inhabi
tants OF the State Of Delaware and TAX
. them 10 New Jersey for trial
. would also respectfully further as
l. thai you recommend the Governor OF th
e State Of New Jersey to request the Gov
n ernor Of the State Of Delaware TO issu
, commissions 10 such persons as the Cover
o nor of New Jersey shall name. as provide
3 for in Section 25 OF the uniform act a
1907
am also informed. but have had no OF
s portunity 70 verify the information, tina
q the Legislature OF the State Of New Jer
sey at tho session Of 1909. passed an ac
making II permissible TO fish for sturgeo
during the entire year II this is so,
would be indebted to you II you wou'
: give me your opinion as TO the validity q
: such Act in view Of the compact betwee
the states Of New Jersey and Delaware
4 remain, yours respectfully.
d Audrey c. Gray,
Z Attorney General.