Evening star., 1949-09-16
Newest Dispute
In 0ystering Is
On Patent Tonqs
Maryland Bons Use,
But Vireinions Won't
Agree, Cite 1855 Act
By J. |. MichoeI


began gnawing at a new bone Of
contention in the 15o-year-old
dispute between the
two States.
The issue is whether oysters
may be taken from the Potomac
River by patent tongs-an en-
larged steel shafted version Of
hand tongs operated from a boat
equipped with mast, a boom and
A new Maryland law said no
out Virginians. relying on their
of a compact Of
1885, have unofflcially refused to
agree.
Some Wait for Ruling.
The question arose with the
opening of the Potomac River
oyster season yesterday when
learned that a bill
passed at the last session of the
Legislature banned pat
ent tongs in the Potomac and its
Before that the de-
vices were legal in both States.
Uncertainty as to whether the
new rules would be enforced i'm
caused watermen to
use only hand tongs yesterday.
Several, whose boats were
equipped for patent longing, de-
cided to stay ashore until the
issue is settled.
Reports from rivermen in
dicated that only about six boats
worked at Swami Point and the
same number at Cedar Point. The
two are the main oyster bars in
the lower Potomac.
Some 80 to 40 boats were over
oyster bars near Blackstone Is
land with each tonger catching
an average of 10 to IL bushels.
Most boats carried two man
crews. A few had three aboard.
Price About So a Bushel.
Buy boats" standing by in each
area paid about 50 bushel. About
the same price was said to pre-
vail at the one packing house at
Colonial Beach, Va, and the two
at Rock Point, Md.
John Walter Smith Foster, chief
inspector for the Tidewater
Fisheries Commission, said that
Maryland Attorney General Hall
Hammond has held that patent
longing was illegal under the new
law.
Soon afterward Mr.. Foster sent
orders to patrol boat officers to
begin strict enforcement.
Mr.. Foster hailed the new
statute as "the finest thing that
could be done" to combat illegal
dredging. He said that masts.
booms and winders were outlawed
along with patent tongs and said
such equipment aboard boat will
be considered prima facie evidence
of dredging or patent longing.
The question as to why passage
of the bill apparently remained
unnoticed was partially cleared up
when it was learned that the
bill sponsors, Senators Monroe,
Charles County, and Bailey, st.
Marys County, believed the bill
had died in the House Chesapeake
Bay and Tributaries Committee.
1t was introduced as a COM
panion measure to a bill designed
to end the Potomac River Oyster
war" and was intended for passage
only if the river bill was approved.
However. it was sent to the
House floor.
The Senate passed the meas
ure and sent it along to the
House committee. When the
oyster bill was dropped it was
sent along to the House, where
it was passed and later signed
by Gov. Lane. Just how it slipped
past interested Senators and dele
gates remains unexplained.
First reaction from the Virginia
shore came from the 800 member
Potomac River Oystermen's Asso-
citation, whose attorney, John E.
Mayo, said he believed the law
could not become effective until
it had the concurrence of the
Old Dominion Legislature.
Maryland Opinions Cited.
The compact of 1885, he pointed
out. requires that laws effecting
Potomac River fish and oyster
problems be agreed upon by the
assemblies of both States.
Mr.. Mayo referred to an opinion
he said was given in 1881 by Gov.
Lane, who then was attorney gen.
eral. to the effect that either State
could repeal existing conservation
lows without consent of the other.
IF that opinion holds" Mr..
Mayo declared, "it would mean
that either commonwealth could
nullify the compact by the process
of unilateral legislative erosion"
Another Maryland attorney
general, William l.. Henderson,
Mr.. Mayo said, ruled in 1888 to the
contrary, holding that neither
State had the right to enact new
laws or repeal old statutes without
Joint concurrence.
IF Maryland alone can repeal
the patent tong law" he asserted.
"it means a bite out Of the COM
pact and may be followed by SINH
lar action on other conservation
matters"
Mr.. Mayo said his organization
would oppose the Maryland view
point and that he would take the
question up today with State au-
thorities.
County Women Voters