130 THE MOLLUSK FISHERIES 



In 1874 an important step occurred in the evolution of the oyster 

 industry. Swansea and Somerset were given the privilege of granting 

 any of their bays, shores, banks and creeks for the propagation of 

 oysters. This act was far more sweeping and advanced than any of 

 its predecessors, but it was in one respect too sweeping. It interfered 

 with the rights of the property owners along the shore, and was there- 

 fore contrary to the general underlying principle of the State law, 

 which allows the cultivation of oysters only in so far as such cultiva- 

 tion does not interfere with the vested rights of all citizens alike. The 

 measure proved untenable, and was promptly repealed. Its repeal 

 was on general principles a thing to be desired, but nevertheless a blow 

 to the industry. The tidal waters along the coast have always been 

 the most valuable part of the oyster territory, as they have proved 

 to be the best adapted for obtaining " oyster set." This measure was 

 therefore designed to aid the oyster growers, and give them valuable 

 privileges which belonged originally to the adjoining property owners. 

 Even to the present day the dividing line between the rights of property 

 owners and oystermen has remained an unsettled question. 



It was about this time that the close season proved a failure in 

 Buzzards Bay, and the towns of Wareham, Bourne and Marion turned 

 their attention toward the establishment of an oyster industry. This 

 attempt became a settled policy of these towns about 1875. 



In 1878 a peculiar act was passed, making it unlawful for any per- 

 son to remove oysters from any grant, even his own, between the hours 

 of sunset and sunrise. This act was necessary for the protection of the 

 oyster planters, by preventing the stealing of oysters from the grant 

 at night. Various efforts had been made to protect grants from such 

 attacks, but the extreme difficulty of detection was always an insupera- 

 ble obstacle to proper enforcement, and it was deemed expedient to 

 prohibit all fishing at night. That this problem had become an im- 

 portant one is shown by the title of the law, which was styled " An 

 act for the better protection of the oyster fisheries in this commonwealth. 



In 1884 an important act was passed, enlarging the limits of that 

 territory which might lawfully be used for the cultivation of oysters. 

 Practically all communal waters outside the jurisdiction of adjacent 

 land owners was thrown open for oyster grants. 



In 1885 the institution of a public hearing was inaugurated. This 

 was a concession to the hostile quahaug element, and allowed the public 

 the opportunity of protesting against the granting of territory for 

 oyster culture ; nevertheless, the final power really remained in the hands 

 of the selectmen. A further concession to this element was the Jaw 

 which called for the revoking of grants within two years if unimproved. 

 The interests of the oystermen were also kept in sight, and legislation 

 passed which was designed to protect grants still more from the depre- 

 dations of outsiders. Provision was likewise made for the proper en- 

 forcement of these laws, and the penalties attached were increased. 



