The Republican. [volume] (Oakland, Md.) 1877-current, 1940-08-29
CONSTITUTIONAL REFERENDA

supervision and direction of the county in
spectors Both the county inspectors and dep
uty inspectors shall have and exercise the
rights, powers and duties of the former deputy
commanders, general inspectors, special in
spectors, inspectors, general measurers, meas
urers and members of the State Fishery Force
subject in all cases to the orders of the Com
missioner of Fisheries.
l2B. The Commissioner shall appoint as
county or deputy inspectors such male persons
as can read and write, and sufficiently in
telligent to pass examination in the max
ing out of reports, and upon other phases of
their duties, determined by the Commits
SION No person shall be appointed as a county
inspector or deputy inspector until he shall
| have passed a physical examination to be
given by a physician selected by the Com
mission.
sioner to promote the advertising of the sea-
food products of this State and to prepare such
advertising other matter as it may deem
advantageous to the welfare and improvement
OF the seafood industry, and shall cooperate
with the seafood industry in any lawful man
ner 1t may deem proper for the benefit of the
fisheries.
I'D. All sums of money provided to be
paid to the Conservation Department under the
provisions of Section 10 of Article 80 of the
Annotated Code, enacted by Chapter All of
the Acts of 1929. shall thereafter be paid over
to the Commission of Fisheries and be annu-
ally expended by it in the propagation of tide
water fish.
Sec. 5. And be it further enacted That
Sections and II of Article 70 of the Ammo
tated Code of Maryland 1885 Supplement-
title Oysters" subtitle "Culling" be and the
same are hereby repealed and re-enacted, with
amendments. to read as followss:
9. Any person who shall have oysters in
his possession which contains more than eight
per cent. of shells, and oysters less than three
inches from hinge to mouth whether adher-
ing to marketable oysters or mott, which for the
purpose of this Article declared to be I'M
understandable oysters, shall be guilty of mis-
demeanor, and in ascertaining such percent
age any county inspector and deputy inspector
| IS hereby authorized and directed to select such
amount of oysters from any pile, hold bin,
house or other place as he may think proper
and to require the same to be culled and dis
posed of, as provided in Section Il of this Ar
tlcie and any person violating any of the pro-
visions Of this Section shall be subject to the
penalties and fines as provided in Section II
| oil this Article, in precisely the same manner
as II he were a captain of boat.
IL. Any person, firm or corporation en-
gagged in catching oysters with rakes or tongs,
or selling oysters so caught, in violation of any
provision of Sections and of this Arti-
Gle shall be deemed guilty of a misdemeanor
and upon conviction before any justice of the
peace or court of competent jurisdiction shall
| be fined the sum of not less than ten dollars
| (Sl0) nor more than fifty dollars (S5O) and
any person, firm, or corporation engaged in
Catching oysters by means of dredges or sell
| ing oysters 50 caught, or buying or packing
| oysters IN violation of any provision of Sec
tons and of this Article shall be deemed
| SuliIy VI HllSuelneanOr ana, upon conviction
before any justice of the peace or court of
| competent jurisdiction shall be fined the sum
| OF not less than Fifty Dollars ($5O.OO) nor
more than One Hundred Dollars or confined
! IN jail rot less than 80 days nor more than six
months, either or both, and in addition to such
| hne or Imprisonment said cargo shall be confs-
Gated and returned to natural beds or bar under
the supervision of the oyster inspector or other
onlcer making the arrest, and at the expense
OF the violator, which expense shall be in adj
ultlon to the fine imposed and collectible in
the same manner. and the boat or vessel sha il
| be heid as security for the payment of said
me, IL the Violator has taken oysters only
| with tongs he shall be fined as above, and the
I HohI IA wiicn sald oysters are found shall be
addition to ~ H. IL vi 'aiu lii'e IN
+ tbp reoca ~, 81 80, peiid'tieS tie justice Oh
viortor has bean ,, nay III rase where the
Intino '1a peeii previously convicted OF Vfo-
n iie ptoE isloilS Oh inns Suo7ute suspend
NAV he onere+i',s 20 utuer when tee Violatof
shncLino nactine ~, o eme PURPOSE oI catehlhg
there is an anI,eol %, ." ,i 'ys'els IN cas'
;ustica 81 49,, "ppeiI VI waiver OIL trlal before
fba d;o,;t tne peace, III oiuef TO provide for
declared ,,,,,,rh.a4 10y oSSIels InaL nave peeh
shall ran,ai ~ ~ tile cargo Oh oysters
the INSPECTOR or otber oaina oi ouSt .S Oh
re,+ MIL a. -: iii1ei naming the ar
! tbe nanL,. ~ n pt L Vi tnE poaI OF vessel OF
1 ouestion. .nJ a. "a le'uileu 'ie oysters III
vision tho acI I; oi,'eer uhuer whose super
the quantity of nnnoarcbo - I'll 90 go. iiilR
shells s1 cnIlad o,1t Ill 10: oSs'eis ant
/ other nerson IN obo,.,sa - ~ ~ Che captain OF
ing house a cort;fna+a h Si reSs 81 Vi pieh
! of busbaIs Of snoh ,,,,a,.e 1ownE lhe humber
the said captain or otbsr narsnn GS1IetS anp
| said unmercbantobI. ov,to, ~ IT, t'i =
the natural ri ~, by, 81 eulieu OUT OF
of the officer Tho cost " rTG
| penses incident 10 san,a hIi - - " ~ "a ga
violator. ~ 'e "S '''e
| Sec G And he II f,r+bo, ,4l M.
new section he ond ~ - eeu, ih1L
10 Article 10 Of tba hn"ttI iSlepg auueu
land 11935 Snnnian,ant titI .. Que ol MARY
new section T., he Inn1, anu INSPECTORS saio
/ low immediately afto" al ~ - o. 10 loi'
read as foIIows. '"iu '""-'i'ie ana tc
| a.
OF. Eacn county inspector or deputy in.
! speetor snail inspect all oysters in the district
10 Which he is assigned by the Commissioner
OF flsherleS, and upon the inspection of any
sucn oysters ne shall make certificate of the
',uim"er Oh ouSnelS IN tflphcate one of which
shall De given to the purchaser, one to the
Selef ana the other retained by the inspector
AN Inspection charge of &c per bushel is here.
~ ny ieVleu upon an oysters caught within the
minus 81 the state OF Maryland unloaded from
vessels at the place in Maryland where saio
| oysters are 10 be no further shipped in bulk
III vessels TO be charged equally to the buyer
ana seller, but to be paid weekly to the Comp.
trolIef OF the State Treasury or his agent by
the buyers the certificate retained by the in
spector snail be mailed by him weekly to the
comptroller or his agent and in the
amounts OF money shown to be due not paid in
one week thereafter to the Comptroller or his
agent which is hereby required to be done
the properties of the parties so indebted NAV
De levied on and sold by the Comptroller OF
ms agent as in cases of taxes in default, with.
out other process of law; the said inspection
charge of &c per bushel hereby levied is also
made charge on oysters caught within the
limits of the State of Maryland and sold by
commission merchants and others selling by
less than cargo; and also an inspection charge
OF SIX cents per barrel containing not more
than three bushels of oysters caught within
the limits of the State of MARYLAND on oyster.