28 THE MOLLUSK FISHERIES 



(4) The owners of the land adjacent to the flats, who are under the pres- 

 ent laws often subjected to loss or annoyance, or even positive discomfort, 

 by inability to safeguard their proper rights to a certain degree of freedom 

 from intruders and from damage to bathing or boating facilities, which 

 constitute a definite portion of the value of shore property. 



All of these classes would be directly benefited by just laws, which would 

 encourage and safeguard all well-advised projects for artificial cultivation 

 of the tidal flats, and would deal justly and intelligently with the various 

 coincident and conflicting rights of the fishermen, owners of shore prop- 

 erty, bathers and other seekers of pleasure, recreation or profit, boatmen, 

 and all 'others who hold public and private rights and concessions. 



That any one class should claim exclusive " natural valid rights," over 

 any other class, to the shellfish products of the shores, which the law states 

 expressly are the property of " the people," is as absurd as to claim that any 

 class had exclusive natural rights to wild strawberries, raspberries, cran- 

 berries or other wild fruits, and that therefore the land upon which these 

 grew could not be used for the purpose of increasing the yield of these 

 fruits. This becomes the more absurd from the fact that the wild fruits 

 pass to the owner of the title of the land, while the shellfish are specifically 

 exempted, and remain the property of the public. 



The class most benefited by improved laws would be the fishermen, who 

 would profit by better wages through the increased quantity of shellfish they 

 could dig per hour, by a better market and by better prices, for the reason 

 that the control of the output would secure regularity of supply. More- 

 over, when the market was unfavorable the shellfish could be kept in the 

 beds with a reasonable certainty of finding them there when wanted, and 

 with the added advantage of an increased volume by growth during the 

 interval, together with the avoidance of cold-storage charges. Thus the dig- 

 gers could be certain of securing a supply at almost any stage of the 

 tide and in all but the most inclement weather, through a knowledge of 

 " where to dig ; " moreover, there would be a complete elimination of the 

 reasoning which is now so prolific of ill feelings and so wasteful of the 

 shellfish, viz., the incentive of " getting there ahead of the other fellow." 



B. All the shellflsli laws should be revised, to secure a unity and 

 clearness which should render graft, unfairness and avoidable economic 

 loss impossible, and be replaced with a code of fair, intelligent 

 and forceful laws, which would not only permit the advancement of the 

 shellfish industry through the individual efforts of the progressive shell- 

 fishermen, but also protect the rights of the general public. 



C. The majority of the shellfish laws of the State are enacted by 

 the individual towns. In 1880 the State first officially granted to each 

 town the exclusive right to control and regulate its own shellflsheries, 

 as provided under section 68 of chapter 91 of the Public Statutes. This 

 was slightly modified by the Acts of 1889 and 1892 to read as fol- 

 lows (now section 85 of chapter 91 of the Eevised Laws) : — 



Section 85. The mayor and aldermen of cities and the selectmen of 

 towns, if so instructed by their cities and towns, may, except as provided in 



