52 COMMISSIONERS OF INLAND FISHERIES. 



the servant and agent of Diomatares Diomatares, who, at the time 

 mentioned in the complaint, was duly licensed under the provisions 

 of said section 2 of chapter 437 of the Public Laws. 



It may be observed that the record does not specifically disclose 

 the political status of Kofines, Saderas, or Crestodolas, i. e., whether 

 aliens or citizens of Rhode Island, or citizens of other states of the 

 Union ; that the pleas filed by Raftak disclose the inconsistent claims 

 that he is a citizen of Rhode Island who has not resided in this state 

 a full year and that he is a citizen of the State of New York and that 

 the pleas filed by Deamotares disclose that he is an alien. 



It will be observed that it does not appear in the record of any of 

 the cases that any of the respondents have applied for and been 

 refused licenses under section 2 of chapter 437. 



The questions brought upon the record and raised in each of the 

 cases are identical and are as follows, viz. : 



(1) Are said sections 1 and 2 of said chapter 437 in conflict with 

 the provisions of section 17, Article I, of the Constitution of Rhode 

 Island, which is as follows, viz. : 



"The people shall continue to enjoy and freely exercise all the 

 rights of fishery, and the privileges of the shore, to which they have 

 been heretofore entitled under the charter and usages of this state. 

 But no new right is intended to be granted, nor any existing right 

 impaired, by this declaration," in that the provisions of said sections 

 1 and 2, chapter 437, grant to the Commissioners of Inland Fisheries 

 the arbitrary right to refuse licenses under said chapter to citizens of 

 the State and thereby impair the enjoyment and free exercise of the 

 rights of fishery to which the people of the State are entitled under 

 said section of the constitution? 



(2) Are said sections 1 and 2 of said chapter 437, in conflict with 

 the provisions of Section 10, Article 1, of the Constitution of Rhode 



Island, which is as follows, viz. : " ; nor shall he be deprived 



of life, liberty, or property, unless by the judgment of his peers, or 

 the law of the land," in that the provisions of said sections 1 and 2, 

 chapter 437, grant to the said Commissioners of Inland Fisheries the 



