The Republican. [volume] (Oakland, Md.) 1877-current, 1940-09-19
CONSTITUTIONAL REFERENDA


the county inspectors and when 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.
LIB. The Commissioner shall appoint as
county or deputy inspectors such male persons
as read and write, and are sufficiently in
tellgent to pass 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.
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 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 it 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 13 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. s. And be it further enacted, That
Sections 9 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same are hereby repealed and re-enacted, with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 folowss
g. Any person who shall have oysters in
his possession which contains than eight
per cent. of shells, and oysters less than three
inches from hinge to mouth whether adher-
ing to marketable oysters mott, which for the
purpose of this Article declared to be I'M
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 he may think proper.
and to require the to be culled and dis
posed of, provided in Section IL of this Ar
ticle and any person violating any of the pro-
visions of this Section shall be subject to the
penalties and fines provided in Section II
of this Article, in precisely the same manner
as II he were captain of boat
IL. Any person, firm 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 Art-
Gle shall be deemed guilty of a msdemeanor
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
(SlO) nor more than fifty dollars (S5O) and
any person, firm, or corporation engaged in
catching oysters by means of dredges. or SELL
ing oysters SO caught, or buying packing
tons and of this Article shall be deemed
guilty of a msdemeanor 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 (S50.OO) nor
more than One Hundred Dollars or confined
in Jail not less than 30 days nor more than six
months, either or both, and in addition to such
fine or Imprisonment said cargo shall be conis-
Gated and returned to natural beds or bar under
the supervision of the oyster inspector or other
officer making the arrest, and at the expense
OF the violator, which expense shall be in ad-
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
J addition to the above penalties the justice of
the peace or judge may, in a case where the
Vlolator has been previously convicted of vio-
latng the provisions of this subtitle suspend
or revoke the license under which the yiolator
may be operating for the purpose of catching
/ shuckng packing or canning oysters In case
thefe Is an appeal 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
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 or
the packer shall have reculled the oysters in
question; and the officer under whose super
vision the reculling is done, after ascertaininq
smells SO culled out, shall give the captain or
other person in charge of said vessel or pack
ing mouse, a certificate showing the number
OF DuShelS of such understandable OYSTERS and
the said captain or other person shall return
SAID understandable oysters so culled out of
tne natural beds or bars under the supervision
Oh the ofhcer. The cost of reculling and ex-
penses incident to same shall be borne by the
violator.
Sec. 6. And be it further enacted. That a
n. new section n be and the same is hereby added
10 Article " of the Annotated Code of Mary
iand 1888 Supplement-, title Oysters" sub
tltle General Measurers and Inspectors" said
new section to be known as Section 81 to fol-
low immediately after said subtitle and to
read follows:
81. Each county inspector or denutv in
spector shall inspect all oysters in the district
10 winch he is assigned by the Commissioner
OF Fisheries, and upon the inspection of anv
such oysters, ne shall make a certificate of the
number of bushels in triplicate 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
~ ~ levied upon all oysters caught within the
limits of the State of Maryland unloaded from
vessels at the place in Maryland where said
oysters are to be no further shipped in bulk
IN vessels, to be charged equally to the buyet
t ailI sellef' put to be paid weekly to the Comp
troller OF the State Treasury or his agent nv
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 vi money SHOWN to be due not paid in
one week thereafter to the Comptroller or his
agent, which is hereby required to he done
Ihe properties of the parties so indebted NAV
pe levied on and sold by the Comptroller or
nls agent as IN cases of taxes in default with
OUT other process of law the said insnectiop
charge of &c per bushel hereby levied is also
maze charge on oysters caught within tbo
IiIrIts OF the State of Maryland and sold by
commission merchants and others selling nv
less than cargo; and also an inspection chargo
OF SIX cents per barrel containing not moro
t tlIaii tnfee bushels of oysters caught within
Cne limits OF the State of Maryland; on oysters
cauSht WITHIN the limits of the State of Mary
i&nd contained in bags an ipsnect;or
charge of four cents per bag containing not
more than two bushels and all transporta+ion
oo:nipahes carrying oysters in the shell caught
"lthln the limits of the State of MARYLAND
consigned to Baltimore, shall furnish 70 +bo in
spector or collector of oyster tax a cony of
thelr manifest showing the number of bnsbeIs
on BOARD on 'arrvel of steamer and to whom
eU!nISiEned; and the inspectors are charged
with the duty of seeing that the proner return
are made for the purpose of this section bv
sucn commission merchant or retailer and IN
performance of their duty the said inspec
TORS are authorized and directed to visit nIacos
Where oysters caught within the limits ~ tbo
otate OF Maryland in less than cargo lots sro
SOLO and get from such sellers a statemont
e elluer oath as to the number of bushels sold
from time to time and return to the insnec
tors certificate thereof to be Forwarded 70
Che comptroller as required in the case of
ctertlhcates for cargo, and the payments If
Ill; ;ne amounts so found to be due shall be sim
lazy enforced All oysters found within tbe
otate OF Maryland shall be presumed 10 have
oeen caught within the limits of the Stata &c
maryland and the burden of proof shall he mn
liz III ahyone Gaming to the contrary to estab-
l,sn ms SAID claim by clear and satisfactory
evidence The Commissioner of Fisheries baiil
Lurnlsh TO each of the county inspectors ana
ueputy inspectors certificates in book form
supplied with carbon paper so that a,cb ~
rt1ruA ,l.II