Evening capital and Maryland gazette., 1915-07-27
DECLARES STATE
TREASURY SAFE
Mr.. Kemp Sees No Great Loss in
Oyster Law.
LESSEE STATUS EXPLAINED.
Attorney for 0ystermen's Protective
Association Points Out Errors in
Statements Of Operations Of
Present Regulations Of
Leasing Anne Arundel.

Law passed by the last Legislature, i'm
the opinion of Mr.. w. Thomas Kemp.
attorney for the Oystermen's Protec-
tive Association and one of the States
leading legal experts on the oyster
question. Mr.. Kemp is a son-in-law
Mr.. George T. Melvin. this city
II have read with much interest the
news item in Saturday CON
cerning the condemnation suits re-
centy filed in Somerset county under
the provisions of the Shepherd Law,
but il seems TO me that the calcula-
ion of prospective damages to the
Il lessees is little short of absurd" said
Mr. Kemp.
1T is stated that the suits in Som
erset county involve 2,700 acres, and
assuming a valuation of $40 an acre.
these acres are claimed to be worth
S270, 900 II is then pointed out that
there are nine other tidewater coun-
ties affected in like manner as is Som
erset.' and the claim is made that it
will require a legislative appropria-
tiOn of as much as $2,000000 to So
0O0' for the lessees.
at follows as a matter of course that
no legislature will appropriate such
enormous amounts for the acquisition
Of the interests of the lessees, and
therefore. il is contended that the
Shepherd Act becomes iroperative be-
cause, uLder its provisions. the lesseea
are not to be disturbed until the
amounts awarded them have been APP
.s..ts 4 - uf. fa.A
that oystermen would have been bet
ter off hal - legislature Ct 1914 pass
ed the Anderson bill repeating the Ha-
man law of 1906.
I'm the first place 1t will be recalled
that the Anderson repeal bill. with the
amenim mt, which 1, myself. prepared
in order to meet the obvious constitu-
tional objections to the repeal BILL
PROVIDED for the same system of con
demnation as that set forth in the
Shepherd law. In no other way could
the rights of lessee be taken except
by eminent domain and on payment of
adequate compensation for the rights
and interests of which the lessees
would be deprived
"But the most glaring mistake oc-
ours in the calculation of the total
amount which the next legislature
will be called upon to pay the less.es
The other nine tidewater counties are
not affected in like manner as Som
erset. On the contrary i'm several of
these counties no suits were fled
against lessees under the Shepherd
law, which requires all cases against
lessees to be filed on or before jan
uary /, 1915. In four counties suits
were filed involving few hundred
acres in all In only one other coun-
ty (Anne Arundel) were suits filed
involving a large acreage.
"This was the case of the Rocky
Beach Oyster Company, containing
leases of about 1.h0c acres in the
Chesapeake Bay, near Rodkin Point.
The Anne Arundel Court decided
about 200 acres to be natural bar, anG
in the condemnation suit which has
teen fled under the Shepherd Law for
the recovery of this zoo acres an
agreement has already been entered
into whereunder the lessees are to be
awarded 81 per acre. being the amount
of rental actually paid upon the area
condemnd, or total award of 81 400.
Returning now to the leases in
Somerset county which are to be con-
demned, it will be noted that of the l.
700 acres are included in leases to
Mr. John T. Harwood, of Baltimore,
and his sixteen associates | have had
several talks with Mr.. Harwond, and
have found no disposition on his part
to extort from the State any such fig
ure as S100 pr acre On the contrary.
Mr., Harwood has always taken the
position. in which, assume he is sup
ported by his associates, that they will
be content with an award which ac-
tuaally reimburses the lessees for the
rentals paid and the amounts expend-
ed in planting oysters upon the area
lased.
''As to this latter item. only one of
the leases 600 acres) of the Harris
Bar group was planted on, so that at
the most few thousand dollars would
cover that award. have understood
that some of the lessees of the remain
ing 1000 acres inSomerset county are
making large claims against the State.
but have no doubt that these preten-
tions will be considerably modified by
the jury of twelve men which, under
The Shepherd Law. must pass upon The
matter and fix amount of the award
at a reasonable figure. Even if the
Jury should allow an excessive amount
TO some of the lessees in Somerset
county. and if the Court of Appeals
should affirm that award, it still re-
mains entirely within the discretion of
the legislature TO give or to withhold
the amount awarded, and if the legis-
nature refuses TO make the appFopri-
alton. the worst that can happen is
hat the lessee retains his lease and the
Safe pays nothing.
"lf. as l suspect, the real object of
| this article was TO minimize the inn
portance of the Shephrd Law. ] want
TO call attention to the important and
| salutary results accomplished under
its provisions. When the legislature
of 1914 met the ShelIfish Commission
reported that ii had been flooded with
protests against certain disputed areas
and that all leasing had been suspend
could be enacted. The Shepherd Law
II ..oze.d e., .,,aa4 4bse