APPENDIX. 75 



fisheries. They may even prohibit free fishing for a time and for 

 such times as in their judgment it is for the best interest of the State 

 so to do. They may withhold from the public use such natural 

 oyster beds, clam-beds, scallop beds or other fish beds as they may 

 deem desirable. They may make a close time within which no person 

 may take shell-fish or other fish, and generally they have complete 

 dominion over fisheries and fish as well as all kinds of game. We 

 find no limitation, in the constitution, of the power of the General 

 Assembly to legislate in this regard, and they may delegate the ad- 

 ministration of their regulations to such officers or boards as they may 

 see fit." And in the case of State v. Nelson, Ibid, 264, 270, we held 

 that the legislature has plenary power in the premises. 



There are many things that cannot be done directly by the in- 

 habitants of the State. The framers of the constitution recognized 

 the fact that the elective franchise could not be exercised by all of 

 the people of the State, and therefore provision was made in the con- 

 stitution of the State for electors who should have the right to vote 

 as therein prescribed, and Article II of the Constitution is devoted 

 to the purpose of prescribing the qualifications of electors. Among 

 the prime requisites therein enumerated are those of citizenship and 

 residence in the State for a period of one year, in the case of real estate 

 voters, and two years in all other cases. These constitutional pro- 

 visions are not only indicative of the will of the people in this par- 

 ticular, but may well serve as a guide to the legislature in the con- 

 sideration of cognate subjects concerning which the constitution is 

 silent. A citizen is one who owes allegiance to the State, is interested 

 in its welfare, and therefore is entitled to receive especial consideration 

 from the State. Electors are particularly favored. Const. Art. IX, 

 sec. 1. "No person shall be eligible to any civil office (except the 

 office of school committee), unless he be a qualified elector for such 

 office." Even in the law regulating the sale of intoxicating liquor, 

 which can hardly be said to be the exercise of a State franchise, 

 licenses can only be granted to citizens resident within the State. 

 Gen. Laws, 1909, cap. 123, sec. 2. We have already seen that it is 



