Report of the Board of Shell Fish Commissioners. 127 



vital importance to the success of the Law in developing an industry 

 in oyster culture on the barren bottoms of the State, that the 

 Commission, through its counsel, Thomas H. Robinson, secured 

 the opinion of the Attorney-General, Hon. Isaac Lobe Straus, with 

 reference to it. That it is the opinion of the Attorney-General that 

 the law gives to lot holders the right to take planted oysters from 

 the lots leased by them at any time and in any manner they may 

 desire is seen by the extracts from the correspondence on the sub- 

 ject, printed herewith. 



Offices of 

 THE ATTORNEY-GENERAL, 



Baltimore, Maryland. 



January 23, 1909. 

 Hon. Thomas H. Robinson, 



Counselor at Law, 



Belair, Harford County, Md. 

 Dear Senator Robinson : 



Under Section 112 of the Acts of 1906. I consider that the lessees of lots leased 

 hy the State under the provisions of the Act have the right to take up oysters at 

 such times and in any manner they see fit. This would certainly include the 

 means specified in your opinion, as stated in your letter to me. 



This Act for the cultivation of oysters, being designed both for the promotion 

 of greater industry and for the increase of the revenues of the State ought to 

 be liberally and constructively, and not technically, and obstructively, inter- 

 preted and enforced, so as to effectuate as fully as possible the important ends 

 it has in view. 



I announced this view and construction of the statute at the Cabinet Meeting 

 on Wednesday last at the Governor's office, to the State officials, including the 

 members of the Shell Fish Commission, and, upon special recommendation by 

 me, the Governor directed the Commander of the State Fishery Force to enforce 

 the Act accordingly. 



Very truly yours, 



(Signed) Isaac Lobe Straus, 



Attorney-General. 



The portion of the letter written by Mr. Robinson, to which the 

 Attorney-General makes reference in the above opinion, is as fol- 

 lows : 



"I have given the opinion, some time since, that under Section 112 of Chapter 

 711 of the Acts of 1906, when construed in connection with the other section 

 that creates the relation of landlord and tenant, that the lessee had the right to 

 take oysters in any manner he desires, whether with dredge or tongs, and to. 

 use any power for the purpose of working their dredges." 



