The Republican. [volume] (Oakland, Md.) 1877-current, 1940-10-10
CONSTITUTIONAL REFERENDA

the powers and duties herein conferred upon
the county inspectors and when so directed by
the Commissioner shall act under the control
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.
12B. The Commissioner shall appoint as
county or deputy inspectors such male persons
can read and write and are sufficiently in
telhgent to pass an examination in the max
ing out of reports, and upon other phases Of
their duties. as 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.
12C. 1t shall be the duty of the Commits
sioner to promote the advertising of the sea-
food products of this State and to prepare such
advertising or other matter 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 l3 of Article 80 of the
Annotated Code, as 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 IL of Article 70 of the Ammo
tated Code of Maryland 1885 Supplement-,
title Oysters" subtitle "Cuing," be and the
same are hereby repealed and re-enacted, with
amendments, to read as follows:
8. 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 are declared to be un-
merchantable 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
tlcle 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
OF this Article. in precisely the same manner
as II ne were 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 8 and of this Arti-
Gle shall be deemed guilty of 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
($l0} nor more than fifty dollars $3.50 and
any person, firm, or corporation engaged in
ing oysters 50 caught, or buying or packing
oysters in violation of any provision of Sec
tons and 9 of this Article, shall be deemed
guilty OF misdemeanor and, upon conviction
before any justice of the peace or court of
competent jurisdiction, shall be fined the sum
OF not less than Fifty Dollars ($500O) nor
more than One Hundred Dollars or confined
IN jan not less than 30 days nor more than six
months, either or both, and in addition to such
line or imprisonment said cargo shall be confis-
Gated and returned to natural beds or bar under
the supervision of the oyster inspector or other
otf1cer making the arrest, and at the expense
OF the Vlolator, which expense shall be in adj
dltlon to the fine imposed and collectible in
the same manner, and the boat or vessel shall
be held as security for the payment of said
fine. If the Violator has taken oysters only
with tongs he shall be fined as above and the
boat in which said oysters are found shall be
held as security for the payment of said fine In
addition to the above penalties the Justice of
the peace or judge may, in case where the
Vlol&tor has been previously convicted of vio-
latlng the provisions of this subtitle suspend
or revoke the license under which the volator
may be operating for the purpose of catching
shucking, packing canning oysters. In case
thefe is an appeal or waiver of trial before
justice OF the peace, in order to provide for
the disposition of any oysters that have been
declared understandable, the cargo of oysters
shall remain in the possession or custody of
the inspector or other officer making the ar
rest until the captain of the boat or vessel or
the packer shall have reculled the oysters in
question; and the officer under whose super
vision the reculling is done, after ascertaininp
the quantity of understandable oysters and
shells SO culled out, shall give the captain or
other person in charge of said vessel or pack
ing house, certificate showing the number
of bushels of such understandable oysters and
the sald captain or other person shall return
sald understandable oysters so eulled out of
the natural beds or bars under the supervision
OF the officer The cost of reculling and ex-
penses incident to same shall be borne by the
vioator.
Sec. 6. And be it further enacted, That n
new section be and the same is hereby added
to Article " of the Annotated Code of Mary
land (1935 Supplement-, title "Oysters. - sub
title General Measures and Inspectors" said
new section to be known as Section 81 to fol-
low immediately after said subtitle and to
read as follows:
81: Each county inspector or deputy in
speetor shall inspect all oysters in the district
to which he is assigned by the Commissioner
OF FISHERIES, and upon the inspection of any
such oysters, he shall make certificate of the
number of bushels in tripicate, one of which
snail be given to the purchaser, one to the
seller and the other retained by the inspector
An inspection charge of &c per bushel is here
by levied upon all oysters caught within the
limits OF the State of Maryland unoaded from
vessels at the place in Maryland where said
oysters are to be no further shipped in hulk
IN vessels, to be charged equally to the buye
and seller, but to be paid weekly to the Comp
troHer of the State Treasury or his agent by
the buyers the certificate retained by the in
spector shall be mailed by him weekly to the
comptroller or his agent and in case 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
be levied on and sold by the COMPTROLLER or
his 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 oysters caught within the
limits OF the State of Maryland and sold by
commission merchants and others selling by
less imam cargo; and also 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 oysters
caught within the limits of the State of Mary
land contained in bags an inspection
charge OF four cents per bag containing not
more than two bushels and all Transportation
companies carrying oysters in the shell caught
within the limits of the State of MARYLAND.
consigned to Baltimore, shall furnish to the in
speetor or collector of oyster tax. a copy Of
thelr manifest showing the number of bushels
on board on arrival of steamer and to whom
consigned. and the inspectors are charged
with the duty of seeing that the proper returns
are made for the purpose of this section by
such commission merchant or retailer and in
performance of their duty the said inspec.
tors are authorized and directed to visit places
where oysters caught within the limits of the
otaIe OF MARYLAND in less than cargo lots are
sold, and get from such sellers a statement
under oath as to the number of bushels sold
from time to time and return to the inspec
tors certificate thereof to be forwarded to
the Comptroller as required in the case of
certificates for cargo, and the payments of
the amounts so found to be due shall he sim
ilarly enforced. All oysters found within the
State of Maryland shall be presumed to have
been caught within the limits of the State of
Maryland and the burden of proof shall be up
on anyone claiming to the contrary to estab-
fish his said claim by clear and satisfactory
evidence. The Commissioner of Fisheries shall
furnish to each of the county inspectors ana
deputy inspectors certificates in book form.
supplied with carbon paper, SO that each Of
the said triplicate certificates shall be exactly
the same; the form of the certificate shnII be