518 REPORT OF THE COMMISSIONER OF FISH AND FISHERIES. 



The second ijroposition, that of enacting a culling law, would seem 

 to be worthy of favorable consideration. If such a law were rigidly 

 enforced and the shells not only thrown back into the water but 

 returned to the beds in such a manner that they would be properly dis- 

 tributed, and not so as to accumulate in heaps, it is probable that in a 

 very few years the present conditions would be vastly improved and 

 the yield of oysters greatly increased. Such a law would also be in 

 harmony with the system under which the oyster industry in tliis 

 region is now being conducted. Were it practicable to ai)ply both of 

 these propositions, the benefit derived would no doubt be much greater 

 than could be secured by either applied separately. 



Another question which has recently assumed considerable impor- 

 tance is in relation to the granting or leasing by the State of riparian 

 claims in lands under water lying along the shores of Delaware Bay, in 

 the vicinity of Fortesque Cove, in the region which is reserved as natural 

 oyster-grounds. It is claimed by the oystermen that natural oyster 

 beds are embraced in the riparian claims, and that under the laws of 

 the State relating to the oyster industry the oysters upon these natural 

 beds can not become private property. The culminating struggle rela- 

 tive to the question was precipitated in the spring of 1893, when notice 

 was given to the riparian owners of the intended action and a vessel 

 was sent upon the disputed grounds to dredge oysters. In 1894, by a 

 joint resolution of the legislature, a commission was appointed to 

 investigate and report upon the differences existing between the oyster- 

 men and the riparian owners. 



The following review of the present situation and the questions at 

 issue is from the Philadelphia Press of May 21, 1894, and emanates 

 from the Trenton, N. J., correspondent of that paper: 



There is now the liveliest kind of a war on in south Jersey among the 3,000 oyster- 

 men. In consequence, from Camden to Cape May there is a general disturbance of 

 commercial and social relations because of the row. 



The courts were appealed to and are listening to the various attitudes of the case, 

 but the legal process was too slow and the oystermen wanted the legislature to 

 come to their rescue, which it did. Assemblyman Austin, of Bridgeton, who has 

 several thousand oystermen as his constituents, introduced a joint resolution which 

 created a special investigating committee to go to the oyster war and get the facts 

 for the legislature. 



This investigation is regarded as important because it gives official information 

 that has been needed for years. Every session of the New Jersey legislature the 

 oyster matter comes in in some form. There are 100 or more laws now on the statute 

 books. Nothing has given so much trouble to lawmakers as the clam and oyster 

 laws, because so few know the actual status of the industry. The report of this 

 commission has become the most valuable contribution to the legislature of this 

 session. 



The most salient features of the report of the legislature are contained in the fol- 

 lowing statement: 



''The extent and value of the oyster industry in Delaware Bay are not generally 

 appreciated by the citizens of the State. The teriitory within the bay where oysters 

 will naturally grow or can be profitably cultivated is, roughly speaking, about 200 

 square miles. Between 500 and 600 vessels, carrying crews of from 3 to 10 men 

 each, are engaged in the business, and, as appears by the last census, the annual 



