THE OYSTER INDUSTRY OF GEORGIA. 267 



found areas so claimed, and to my own knowledge so indicated, to be virtually valueless 

 as public beds, aud, therefore, omitted thein in Ms delineations, believing they would 

 become of more benefit to the public if takeu up, cultivated, and made productive. 

 In his report he refers to two such cases specifically, as follows: 



A few natural beds were found in this rtoer (Wilmington) principally between Thunderbolt and 

 Turner Creek, but they are of no consequence, having been about exterminated by excessive fishing, 

 being so near the oyster market. Very few oysters are now found in Oyster Creek, but they 



are of fine quality. There are a few scattered oysters and dead shells over the upper half of the 

 creek, but they have not been considered thick enough to be indicated <>n the chart. 



Now, although such territory was not subject to lease under the law of 1889 and 

 very well known to have been natural beds, leases were granted here in violation of 

 the law, and in the lower counties large areas were leased, actually indicated on the 

 charts of Bulletin No. 19 as uatural beds. In cases before the courts for trespass, the 

 defendants and their witnesses might swear, and have sworn, that barren ground 

 which had been leased and cultivated by a colored man had been a natural bed, and 

 negative facts are difficult of proof. In one such case I had myself prepared the 

 application for a colored oysterman (gratuitously) and made affidavit before the 

 county commissioners about the barrenness of the bottom. In order to prevent further 

 encroachments on the productive grounds, so necessary for a public supply, at least 

 until the leaseholds could become productive; in order to supply absolute proof of the 

 presence, under the law, of a public bed, aud thus to diminish or prevent litigation 

 and piracy, and, also, in order to increase the very small area fit for oyster-culture in 

 shallow water, the oyster commissioners recommended that Bulletin No. 19 should be 

 legalized as conclusive evidence of the location of the uatural beds, all vacant grounds 

 on the charts to be leasable. This now met the views of the two largest country 

 dealers, who each own several sloops aud schooners for the gathering of oysters for 

 the city trade, who have more capital invested than the city deaiers and who desired 

 to become oyster cultivators. 



The other most important features recommended by the commissioners were the 

 transfer of leases, and that lessees of 500 acres should be permitted to supplement 

 their areas by inshore territory when they were unable to find the full acreage in mid- 

 stream. A bill was prepared by myself in strict conformity with the recommenda- 

 tions of the commissioners, aud it passed both houses of the legislature without 

 opposition. An attempt was made to induce the governor to withhold his signature, 

 and subsequently to amend the law and make Bulletin No. 19 only prima-facie evidence, 

 but both fortunately failed. In reference to the mode, policy, or benefits of preserving 

 the exhausted beds for the support of future generations, Prof. W. K. Brooks, our 

 greatest authority upon the oyster, wrote me: 



The only way I see to restore and maintain exhausted beds is by cultivation, for, even if a few 

 of them should recover under natural conditions, they would again be destroyed as soon as they are 

 opened again to the public. 



Ensign Drake, in a letter from Yokohama, Japan, November 16, 1891, wrote: 



For the good of the State and its useful citizens I would have curtailed the delineations of the 

 natural beds far more than in Bulletin No. 19, had I known that the legislature might adopt the 

 report as legal evidence of public oyster-grounds. 



In Bulletin No. 19 Ensign Drake says of Wilmington River: 



It is believed that oysters can be grown successfully in the major portion of this river, especially 

 iu the deep and harder bottom from Turner's Rocks to the mouth. 



