33 
therefore, is merely to enlarge the natural bar and leave the 
same sharp line of demarcation between it and the lessee. ‘To 
accomplish its purpose it must be either open to both parties 
or closed to both. 
RE-EXAMINATION BY THE COMMISSION 
The provision giving the Shell Fish Commissioners full 
initiative to make new surveys at any time, coupled with the 
provisions requiring advertisement of each application and 
an opportunity for judicial classification, practically wipes out 
the old survey, on which the State and Federal Government 
expended $200,000. The old charts and the old boundary lines 
remain, it is true, but they are subject to change either by 
throwing new areas open to lease or including new areas 
within the natural-bar territory at any time, and no area can 
be leased until the application has been advertised and an 
opportunity for judicial classification given. As an actual 
matter of fact any citizen of Maryland may today apply for 
a lease of any land underlying the waters of the Chesapeake 
Bay and its tributaries without regard to any previous sur- 
vey. If it has been previously classified as natural bar the 
Commission may re-examine it, and if it concludes that it is 
now depleted, modify the charts and advertise the applica- 
tion. If it is not classified as natural bar the Commission ac- 
cepts and advertises the application. In every case, there- 
fore, it is possible to submit the question of the character of 
a desired area to the public of a given county by advertise- 
ment and if that public has no objection or if the objection 
of the public is not sustained by the court to transfer the land 
to private ownership. It is difficult to say, consequently, that 
under these conditions the existing survey has anything other 
than a historic interest. 
ADVERTISING OF APPLICATIONS 
The section of the Act requiring advertisement of all appli- 
cations and providing for a court adjudication of all protests 
against applications is so drawn as to involve large unneces- 
sary expense upon the State. No provision is made in the 
