Evening star., 1957-04-21

0UIuc udy tIuo 0uuuLueT OF
for breaking q Maryland law '
Potomac River.
It might happen at night ,
land tidewater lawmen. Maybe
But however and whenever
be stairstepped through the
courts to the highest in the land
the Supreme Court of the
United States--which will be
called upon to rule on the validity
of a historic agreement between
Maryland and Virginia that pre-
dates the Constitution itself.
| That's the way most author
titles Of both States figure 1t will
happen.
The stage was set for a Su-
Ipreme Court test when Mary
lands Gov. McKeldin on Wednes-
day signed a bill passed BY the
recent Legislature to repeal a
172-year-old compact between
Maryland and Virginia.
Companion Measure
He also signed a companion
measure requiring Virginia fish,
ermen and oystermen to be
licensed by Maryland and pay a
3-cent per bushel export tax on
oysters they take home. Vir-
ginia watermen now are licensed
only by their home State and
do not pay the export tax.
The compact could get before
the Supreme Court, the only
court empowered to settle such
. dispute between two States.
by a Virginia suit against Mary.
land seeking a declaratory de-
cree. according to c. Ferdinand
Sybert. Maryland Attorney Gen.
eral.
But Virginia spokesmen have
said they plan to wait for some
Virginian to be arrested, after
the new laws take effect on
June /.
The arrest probably will come
on charges of failure to obtain a
Maryland license or failure to
pay the oyster export fee. The
ARREST could happen anytime this
summer if a fisherman is in
yolved. but it. is unlikely that
any Virginia oystermen viii be
exposing themselves to such ar
rest before the next oyster sea-
son opens in mid-September.
Virginia Stand
Virginia officials so far are
taking the position that Mary
.land has no right to repeal the
compact, drawn up by officials
Of the two States who met with
George Washington at Mount
Vernon in March. 1885.
! The Commonwealth relies on
provision Of the compact stat
| ing that 1t cannot be repealed
or altered by one State without
the consent Of the other.
Purpose Of the compact was
to guarantee Maryland toll-free
Shipping privileges through the
Virginia capes. which divide the
Atlantic Ocean and Chesapeake
Bay.
For this. Maryland gave Vir-I
ginia navigation and fishing
rights in the Potomac River,
which 1t owns UP to the Virginia
shore line by the original grant
for the Maryland colony given
to Lord Calvert by King Charles
I In 1882.
! The Federal Constitution made
one part of the compact unnec-
essary by guaranteeing free pas
sage to all ships through the
Chesapeake. But Virginia has
made Maryland stick by its bar
gain on the Potomac provisions
OF the agreement.
What moved Maryland le.is-
lators in Annapolis this winter
TO attempt abrogation of the
document was their irritation
with Virginia oystermen who
violate Maryland law by dredg-
ing the bivalves from the bottom
of the Potomac south Of WASH
ington.
Virginia Law Repealed
Virginia repealed its anti
dredging law in 1884 and I'M
1916 enacted a law specifically
permitting use of certain types
Of power dredges. But Mary
land law allows Potomac oysters
to be taken only with tongs,
extremely long-handled rakes
functioning like scissors.
In order to get away with the
dredging. Virginia oystermen in
stall their gear on high speed
boats capable Of reaching safety
OF the Virginia shore before
Maryland tidewater enforcement
craft can catch them.
Early this year. Virginia fish,
cries commission officials esti-
mated that 35 to rs boats,
equipped to dredge oysters lille
gally and to outrun police boats,
were harbored at Colonial Beach.
Va. alone.
The Maryland LEGISLATURE