REPORT OF COMMISSIOXERS OF INLAND FISHERIES. 85 



VII. Efforts to Prevent the Illegal Taking of Short 

 Lobsters. 



Your commission has continued its endeavors to enforce the 

 lobster \a\y and thereby to protect the industry from the abuse of 

 the ignorant, indifferent, or shortsighted persons who formerly made 

 a practice of destroying short and egg lobsters in great quantities. 

 During the few 3^ears of enforcement of this law the effect has, we 

 believe, been decidedly beneficial. The dealers and the more intelli- 

 gent fishermen realize, of course, that the law was drawn and its 

 enforcement attempted for their benefit. 



The constitutionality and legality of the law have been called in 

 question in a manner and with the result which appears in the follow- 

 ing opinion of Judge Douglas, of the Supreme Court: 



State, 



Patrick Sheehan. '' 



SUPREME COURT. 



C. Q. No. 409. 

 Ex. &c.. No. 3773. 



OPINION. 



Douglas, C. J. This is a complaint charging the defendant with having in 

 his possession seventy-five short lobsters, in violation of Public Laws, cap. 969. 



After being found guilty in the District Court, on his plea of not guilty, the 

 defendant appealed to the Superior Court, where the jury found him guilty of 

 having had sixty short lobsters in his possession. Before sentence he moved to 

 dismiss the complaint on the ground that the provisions of Cap. 969 are void, 

 being contrary to article I, sections 10 and 14, of the constitution of Rhode 

 Island. During the progress of the trial several exceptions were taken which are 

 now brought to this court in a bill of exceptions. 



The constitutional question and the bill of exceptions were tried together and 

 are now before us for consideration. 



The constitutional question is not stated with sufficient definiteness to enable 

 us to ascertain what specific ol:)jection to the statute is intended to be relied upon. 



