The Republican. [volume] (Oakland, Md.) 1877-current, 1940-09-05
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.
LIB. The Commissioner shall appoint as
county or deputy inspectors such male persons
as can read and write, and sufficiently in
telligent to pass an 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 county
inspector or deputy inspector until he shall
have passed a physical examination to be
given by physician selected by the Com
mission.
l2C. 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 as it may deem
advantageous to the welfare and improvement
OF the seGfood industry. and shall cooperate
with the seafood industry in any lawful man
fisheries
I'D. All sums of money provided TO be
paid to the Conservation Department under the
provisions of Section Is of Article 50 of tine
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.
1St' u fhI!u De II luTIner enacted, mat
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same are hereby repealed and re-enacted, with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 follows:
Q. 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-
merchantabe 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 to be culled and dis
posed of. as provided in Section II of this Ar
tcle and any person violating any of the pro-
visions of this Section shall be subject to the
penalties and fines as provided in Section l |
OF TINS Article, in precisely the same manner
as If he We're a captain of a boat
IL. Any person, firm or corporation en-
gagged IN catching oysters with rakes or tongs,
or selling oysters caught, in violation of any
provision of Sections and 9 of this Arti-
Gle shall be deemed guilty of a misdemeanor
peace or court of competent jurisdiction shall
be lined the sum of not less than ten dollars
'SIO) nor more than fifty dollars $500 and
any person. firm, or corporation enPaoed in
catching oysters by means of dredges, or sell
ing oysters 50 caught, buying or packing
oysters in violation of any provision of SEQ
lions and 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 $50 0O) nor
more than One Hundred Dollars or confined
IN jan not less than 80 days nor more than six
months, either or both and in addition to such
hne or Imprisonment said cargo shall be confis-
Gated and returned to natural beds or bar under
tiIe supervision of the oyster inspector or other
oihcef making the arrest, and at the expense
OF the violator, which expense shall be in adj
ultlon to the fine imposed and collectble in
the same manner, and the boat or vessel sha
De heid as security for the payment of said
me. II the Violator has taken oysters only
with tongs he shall be fined as above and the
noat IN which said oysters are found shall be
held as security for the payment of said fine In
audltloh TO the above penalties the justice OF
tiie peace or Judge may, in case where the
Vlol&tor has been previously convicted of viz
latlng the provisions of this subtitle SUSPEND
or revoke the license under which the violation
may DC operating for the purpose of catching
Siucklhg, packing or canning oysters. In cas-,
there 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 OYSTER.
snail remain in the possession or custody of
the Inspector or other officer making the ar.
rest until the captain of the boat or vessel on
the packer shall have reculled the oysters in
question; and the officer under whose super.
VISION the reculllng is done, after ascertaining
the quantity of understandable oysters AND
Shels 50. culled out shall give the captain on
| other person in charge of said vessel or pack.
ing house, n certificate showing the nrmhe,
of bushels of such unmerchantable ovstars :, ~
the sad captain or other person shall return
SAID understandable oysters so cued out of
the natural beds or bars under the supervision
OF the officer. The cost of reculling and OK
penses incident to same shall he horne L,, tbe
Violator.
Sec. 6. And be it further enacted. That a
new section be and the same is hereby added
IN A fIRIa .,ftI a
land 1885 Supplement- title .'Ovsters - s,,b
title General Measures and Insn4rfors " aid
new section to be known as Section 81 to fol.
low Immediately after said subtitle and to
read as follows:
81 Eoob ,,,,,,4,, ;..
enector hill i,,4 i'Ipeelol VI uepuIy IN,
r. ,,,h;ot L. $500 ~ uSsteis ~ the ulStfle'
- I;p. 10 19H'F"eu ny tle commissioner
s,,,L - ~ upoi' tiie Inspection OF any
rI,,,,L r. - 'i NAM certihcate OF tht
hm H. VI Dus'elS III Ilplcate' one OF which
sniar ne st tk 10 the pufchasef' one to the
A., -; 'iu .iie oCiler retained by the inspector
IN IN iiapSctloH charge OF &c per bushel Is here
i;,it, f +l upo GU, an oysters caught wIthn the
,a,scI - a. t''aIe Vi nl"rylah9' unioaded IRON
o,,,ta, So ~ pace III Niarglahd where sane
i, - " NC no lui tHer Shippeu IN bulR
nd iia ~ oe chargeu equally TO the buyel
+.oiI, f III pu' 90 " pe pau weekly 10 the Comp
tba b,,,o. VI. a. S'"le leasury or ms agent by
snectn,. hu u IL .ei:iSaIe retained by the IN
T..eN..- i NC H@iieu ny MIN weekly TO the
ouinpetoiler or ms agent and in case the
~, at money SHOWN 10 De uue not PAID IN
ro, ~eeM :nerea Ter 10 the comptroller or his
~ miicn IS nefeDy required to be done
ba 10y Vi the paftieS so indebted may
- eu ol' anu SOFA by the Comptroller OF
t "s t DIS III cases OF taxes IN default. with
49, oo"eI process OF Jaw the sad inspection
,anda Vi &c per Dushei hereby levied is alsc
~ '.itrBe on oysters caught within the
Units VI the otate OF Maryland and sold by
1os tt, iieIcha1tS ana others selling by
lt9' t.ai earEo ana also an inspection charge
a. 81" CENTS per barrel containing not more
tha i; oale &c business Oh oysters caught within
the limltS OF the State of Maryland; on oysters
ana ana contained in bags an inspection