Virginia citizen. (Irvington, Va.) 1891-1921, 1910-09-30
NOTHING GAINED
BY VIOLENCE.
Norfolk Viryinian-Pilot.l

'Norsolk NirHintan-Pllot-l
Regardless of who are in the righe in
the matter, whether the tongers or
planters. the State authorities are OBJ
viously pursuing the only proper course
in holding themselves in readiness to
pat down promptly any outbreak of
lawlessness which may be precipitated
in the James river oyster fields. The
majesty of the law should and must be
upheld, let the cost be and the hurt fall
where it may
The respective rights of the contend
ing interests are clearly defined by and
easily enforceable at law
All the natural rocks, bottoms and
other areas within the lines of the Bay
Tor Survey are public grounds. sale
rental or lease OF which. or any part
thereof. to private individuals or cor
porations is prohibited by the Constitu-
ton of the State. If planters are hold
ing any portion or portions of such
areas, no matter how. under assign
ment by the Fisheries Board, or 10y de-
liberate encroachment on their own re-
spOnsibility on the public domain, their
tenure or teIiures are not only without
warrant of law but in plain violation of
it. In each and every such case all
that is necessary TO effect dispUssession
of the unlawful holders is to establish
IN court of competent jurisdiction the
fact that the holding is an encroach-
ment upon the public domain as defined
and determined by the Baylor Survey.
This ought not to toe difficult to accom-
plsh, seeing that the courts are always
open, that the lines of the Survey eau
be determined with approximate accu-
racy by any competent engineer and
| that the services of the attorneys for
the Commonwealth in the counties hav-
ing jurisdiction in the respective cases
are at the disposal of the compliments.
1t is safe statement that if the
tongers would employ the same energy,
determination and concert of action in
seeking respect for their rights through
the instrumenta!ity of the law as they
are disposed to display in asserting
those rights through violence and in
contempt of the law, it would be only q
comparatively short time before en-
croachments upon the public grounds
would be reduced to a minimum. The
lawful way is open and can be made
effective; the unlawful will and should
not be tolerated.
AS for the natural rocks and bottoms
not included within the lines of the
Baylor Survey, and there are such, in
all cases where these rocks or bottoms
have been leased the tongers have no
way of dispossessing the holders until
after the leases shall have expired.
Some of these rocks and bottoms were
omitttd from the Survey through iguo-
rance Of their existence on the part of
Captain Baylor. and others through
deliberate intention on the part of the
County Commissioners appointed to as
sist him in locating the grounds to be
reserved for the public use. But be
that as it may the fact that they were
omitted left the Fisheries authorities
no option in the matter when applica-
tons for lease, made in proper form,
were presented to them. They had to
grant the leases, and having granted
them, there is no authority now any,
where to annul them until they shall
have run their time. Nor should they
now be invalidated, even il they could.
The grounds were applied for in good
faith and in accordance with the law
and the leases were effected in good
faith and in compliance with the law.
1t is only simple justice to all parties
in interest that the contracts he lived
up to by both sides until they expire by