APPENDIX. 77 



No attempt has been made in the statute under consideration to 

 impose restrictions upon them outside of the public fishing grounds 

 of the state. Without doubt the rights of free fishery, above alluded 

 to, have been and will continue to be freely exercised with gain and 

 profit, dearly-earned and well-deserved. On the vast highway of 

 nations there is ample room and verge enough to exercise the trade 

 of fishing to their hearts content, either in the capacity of employer 

 or employed and no question of citizenship or residence can arise to 

 disturb them. 



In these circumstances we are unable to perceive that the rights 

 of any person have been infringed. On the contrary, it seems to us 

 that the greatest good of the greatest number will be advanced by the 

 legislation complained of. We are therefore of the opinion that the 

 constitutional questions aforesaid must be severally answered in the 

 negative. We do not find that any of the requirements of the Con- 

 stitution of the United States or of the Constitution of this State, 

 referred to in the questions certified to us, have been violated by the 

 provisions of Pub. Laws, cap. 437, sees. 1 and 2 (passed May 7, 1909). 

 So far as appears in these cases no duly qualified citizen has been 

 refused a license to fish for the people's lobsters in the public waters 

 of the State. For aught that appears all qualified applicants for such 

 fishing licenses have received them. We are of the opinion that the 

 enactment of the statute in question was a proper exercise of the 

 police power by the legislature of the State, in a matter concerning 

 only the people of the State, and that it was entirely unnecessary for 

 the legislature to consider what effect the statute under consideration 

 would have upon aliens, or even upon the citizens of other states, 

 because it merely involved the conservation of one species of shell-fish 

 in the public waters of the State, a purely local natural resource, and 

 that the legislature has full discretion to prescribe the modes and 

 methods to be followed in the accomplishment of such conservation. 



Having thus decided the questions certified to us, the papers in 

 each case with our decision certified thereon will be sent back to the 

 District Court of the First Judicial District for further proceedings. 



