144 FISH-CULTURAL ASSOCIATION. 
ago, a designation of a natural oyster-bed could not be made. 
Therefore, when the thief wanted an oyster he assumed all beds 
to be natural, and took what he wanted. He did not care 
whether it was a natural bed or not. The burden of the proof 
did not rest upon him, but upon the owner of the area. Any 
bed was assumed to be natural until the owner could prove to 
the contrary. Such a state of affairs surely militates very serious- 
ly against the owner. It has seemed to me that, after an area 
has once been designated, the owner should not be called upon 
to prove that it was not a natural bed. I would like to know if 
any measures have been adopted looking towards a remedy for 
that evil. 
Dr. WiLtiam M. Hupsen: Such a bill was introduced in the legis- 
lature, but owing to the unfortunate fact that our oystermen in 
the western part of the State were in opposition to those in the 
eastern part, the bill fell to the ground. Earnest efforts have 
been made by our State Fish Commission to bring about that 
bill, and yet the only act passed in reference to the oyster inter- 
est, was one that simply prevented, under heavy penalties, any 
of the oyster dredges from throwing back into the water any 
star-fish they might catch. But the attempt to pass an effectual 
bill failed on account of this opposition between the east and 
west sections of the State. I think that possibly during the next 
twelve months a suitable bill will be passed. 
Lieut. WinsLow: Another question occurs to me. After hav- 
ing once adopted the system of proprietary ownership, the great- 
est difficulty was experienced in detecting a theft. You cannot 
prevent a man from traveling over the ground, and although you 
can readily see his appliances, dredge, etc., for taking the oyster, 
you have to prove that the man has actually taken the oyster: 
in other words, you must catch him in the very act, and prove 
that they are your oysters before you can really accomplish any- 
thing towards punishing him. Now, thatisavery difficult thing 
to do, and it seem to me that there should be incorporated in 
the laws a provision for the punishment of a man found on a 
area with implements for taking oysters. His presence under 
such circumstances should be sufficient ground for his arrest, be- 
? 
