BULLETIN OF THE UNITED STATES FISH COMMISSION. 189 



the payment of all fines, costs, and exiwnses connected with such seiz- 

 ure and prosecution, otherwise the said vessel or vessels and apparatus 

 to be held as security until all of said expenses incurred are fully paid ; 

 and in case of failure on the part of said claimant to comply with the 

 l)ro visions of this section, saiu property shall be sold as provided for in 

 section four of this act. 



8. And be it enacted, That the fee« and costs and charges under this 

 act shall be as follows: to the two justices, for all services thereunder, 

 five dollars eaeh ; to the person making the seizure, or watchman placed 

 in charge of said vessel, two dollars for each day and two dollars for 

 each night that services shall be actually rendered ; to the person put- 

 ting up the advertisements or notices or serving the same, fifty cents for 

 each notice posted or served ; for all other services, the same fees that 

 are paid in justices' courts for similar services. 



9. And he it enacted, That this act shall take effect immediately. 



(State of New Jersey, Laws of 1884, chapter 96.) 



lOO — RBIEF OF THE OSJECTEOIVS MA1>E BEFORE liEOlV ABBOTT, 

 GOVEBiVOR OF NEW JEKSEY, TO TDE "Aff;T TO PKOBISBBT FI!$H- 

 INO BY STEAM VESSEIiS WITES SSIBRED OB PUBSE SEINES IN 

 ANY OF THE \»^ATEBS \%ITIBIN THE JURISDICTION OF THE 

 STATE OF NEVr JERSEY.'' 



By LOUIS C. d'HOMERGUE.* 



1. The bill in question in its essential features is similar to the one 

 vetoed by Governor Ludlow on the opinion of the then as well as now 

 attorney-general of the State — said opinion being at present on record 

 in your excellency's office, and which I respectfully desire to submit as 

 part and parcel of this brief against this present bill. 



2. The letter I wrote to Governor Ludlow under date of January 25, 

 1882, a copy of which is here appended, as a part of this argument. 



3. This present bill is illegal as it is class legislation ; it permits one 

 class of vessels to engage in the said fishiug and use of described nets, 

 while it excludes another class of vessels from so doing. 



4. The State of New Jersey, in becoming a part and parcel of these 

 United States, ceded to the Federal Government the right to make 

 treaties with foreign Governments, and in so doing parted with neces- 

 sary jurisdiction in all matters pertaining thereto. The United States 

 Government having made a reciprocal treaty with Great Britain to per- 

 mit the citizens of either country to fish \\ithiQ its limits established by 

 international law, the State of New Jersey cannot pass any laws con- 

 flicting with the jurisdiction of the Federal Government, thereby an- 

 nulling the provisions of foreign treaties. 



* Secretary of the United States Menhaden Oil and Guano Association, 82 John 

 street, New York. 



