64 SEVENTH REPORT OF THE 



the Commission, requested from Hon. John C. Davies, Attorney-General, written 

 opinions concerning the questions at issue. The Attorney-General, after consider- 

 ing a formal remonstrance filed in support of the claim of the town, prepared 

 opinions which in both cases asserted that jurisdiction is in the State, and that the 

 Forest, Fish and Game Commission has authority to lease such lands for the pur- 

 pose specified. In pursuance of these opinions, and of a resolution adopted by the 

 Commission, at its meeting in the month of May, a tract of land under the waters 

 of Hempstead Harbor was advertised, surveyed and leased to Messrs. Olson and 

 Weber, who at once entered into possession as lessees of the State, whereupon an 

 action of ejectment was instituted by the town for the purpose of ousting said 

 lessees. This action is now pending but, as the people of the State were not made 

 a party, it cannot be expected that a judgment in the proceeding will determine 

 the real issue. 



In the matter of the claim of the residents of the village of Noank, in the State 

 of Connecticut (to which allusion was made in my last annual report ) that they 

 have from time immemorial fished for lobsters in the waters of " The Race," 

 southwest of Fisher's Island, in the State of New York (by far the best lobster 

 fishery of this State), and have gained by prescription a right to fish therein, a test 

 case (the People against Morgan) was made, resulting in a decision favorable to the 

 contention of the People. It may be added, however, that Hon. Harrison S. 

 Moore, county judge, in his opinion stated that the question of the defendant's 

 prescriptive right was not properly before the court. It is, therefore, probable 

 that this issue will be again raised. 



Few persons other than those actually brought into contact with it, are aware 

 of the immense and growing proportions of the shellfish industry of the State, 

 which, it is estimated, amounts to at least $7,000,000 per annum, in seed oysters, 

 marketed oysters, clams and lobsters. The justly celebrated oysters from Blue 

 Point, Jamaica Bay (Rockaways), East River and other Long Island localities are 

 eagerly sought by consumers and always command a ready market. Little Neck 

 clams also are in constant demand, all of which means business, work and money 

 for those engaged in the cultivation, handling and exportation of these valued 

 shellfish. The principal export trade is with England, though quantities are 

 shipped to the continent of Europe, and a recent demand has sprung up in the 

 West Indies. A shipment of oysters to Santiago in October brought $20.80 per 

 barrel. 



An increased trade is occasioning a constant betterment of facilities; many small 

 sailing craft are rapidly being replaced by steamers and others are being remodeled 



