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Ao

SIXTEENTH ANNUAL REPORT

OF THE

FISH COMMISSIONERS,

AND

FIRST REPORT

SHELL FISH COMMISSIONERS
STATE OF CONNECTICUT,

TO THE

GENERAL ASSEMBLY, JANUARY SéSSION, 1882,

HARTFORD, CONN.:
PRESS OF THE CASE, LOCKWOOD & BRAINARD COMPANY.
1881.

SIXTEENTH ANNUAL REPORT

OF THE

HISH COMMISSIONERS,

iho rl REPORT

OF THE

SHELE FISH*COMMISSIONERS

OF THE

SLATE OF CONNECTICUT,

TO THE

GENERAL ASSEMBLY, JANUARY SESSION, 1882.

Se pee

HARDTEORD, ;CONN.:
PRESS OF THE CASE, LOCKWOOD & BRAINARD COMPANY.
1881.

8 Hels /
ay
oe shen =

me

State of Connecticut.

eae Ovry It.

To His Excellency the Governor, and the General Assembly
of Connecticut.

The Commissioners on Fisheries respectfully present their
Sixteenth Report.

By an Act of the last General Assembly, the Fish.Com-
missioners were constituted a Board of Commissioners on
Shell Fisheries, and their duties were prescribed by the said
Act. What they have done in this new position, will be found
detailed in the latter portion of this report. While much of
their time has been absorbed in this work, they have not been
neglectful of the fish cultural interests of the State, but have
continued the artificial propagation of the favorite varieties
of fish to the utmost extent permitted by the appropriation
for this purpose.

Brook Trour (Salmo Fontinalis).

It will be recollected that in the last report, a statement
was given of the distribution of one hundred and ten thou-
sand (110,000) trout, and that the demand for them was
much greater than the supply. Arrangements were then
made by which it was hoped and expected that 400,000 would
be obtainable for this year. Actually about 350,000 were se-
cured, and of these, by a singular accident, 70,000 were lost.
A lizard was found in one of the troughs containing the young
fry, and the superintendent of the hatching house being sick
at the time, one of the employés removed the cork at the
lower end of the trough to let out the water, in order that he
might the more easily secure the lizard. After doing so, he

+ FISH COMMISSIONERS’ REPORT. [Jan.,

replaced the cork so carelessly that the water all ran off, and
of course the young fish died. It should be understood that
no loss was thereby occasioned to the State, as these young
fry were the private property of the superintendent, and the
contract price of $3.00 per thousand was only to be paid on
their actual delivery, in accordance with the instructions of
the commissioners. In consequence of this occurrence, some
of the applicants for trout could not be supplied.

Two hundred and seventy-seven thousand (277,000) how-
ever, were distributed as follows:

000'¢
000°¢
000"¢

000°¢

000°¢
000 ¢
000‘¢
000°
000°
000°S
000°¢
000°S
000°
000 ¢
000°¢
000°&
000‘¢
000°¢
000'S
000°¢
000°¢
000‘0T
000°¢
000‘¢

FISH COMMISSIONERS’ REPORT.

cesnteeeee), CReITIC STULL

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‘I88I ‘II AVW OL ‘1881 ‘Il HONVN WOU LOOUL MOOUE AO NOILOAINISIG JO LNANALVLS

[Jan.,

FISH COMMISSIONERS’ REPORT.

000'LLE

000°
000°
000‘
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1882. ] FISH COMMISSIONERS’ REPORT. T

There is every prospect that there will be a sufficient. sup-
ply for all who may need them next spring. The plan of dis-
tribution has been as follows: 5,000 young trout are given to
‘each applicant, deliverable at the hatching house in Poquon-
ock, free of expense.

If parties prefer to have them delivered in the towns where
they reside, an expert will transport them in the State cans,
under his own supervision, and the applicant will be expected
to pay traveling and transportation expenses, and also $3,00
per day for the time consumed in delivery. All applications
for trout or land-locked salmon should be made to some one
of the Commissioners between January 1st and March Ist.

LAND-LOCKED SALMON.

The whole number of land-locked salmon eggs received
from Grand Lake Stream for the year, was 496,500. Of
these 350,000 were sent to the hatching house of Mr. Henry
J. Fenton, at Poquonock, and 146,500 to Mr. George
Jelliffe, at Westport. Of the first lot, 1,204 eggs were found
to be dead on unpacking, 2,176 died in process of incubation,
and 4,620 young fish died after hatching, making a total of
8,000, which left 342,000 for distribution. Of the second
lot, 182 were found to be dead on unpacking, 2,104 died in
process of incubation, and 4,623 young fish died after hatch-
ing, making a total of 6,909, leaving 139,591, for distribution.
Their destination was as follows:

[Jan.,

FISH COMMISSIONERS’ REPORT.

ie.)

000‘GrS

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000°

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SAUNVN

1882.] FISH COMMISSIONERS’ REPORT. 9

LAND LOCKED SALMON

Distributed by George Jeliiffe of Westport, Conn., from May 16, 1881,
to June 4, 1881.

Ball’s Pond, New Fairfield, - . - - - 10,000
Quassipaug Pond, Middlebury, - - - 10,000
Taunton Pond, Newtown, - - - - 25,000
Botsford Pond, Newtown, - - - - 10,090
Square Pond, Ellington, - - - - 10,000
Housatonic Tributaries, - “I - - - 64,591
Mill River, Southport, - : - 2 - 10,000

Mota eee : : 4 , - 139,591

The land-locked salmon will only thrive in large lakes’ or
ponds of clear pure water, which, in some parts at least, must
be very deep. During the hot weather of the summer, they
seek this deep water, where the temperature is much lower
than near the surface. Such lakes as Snipsic Lake in Rock-
ville, Long Lake in Winsted, and the Twin Lakes in Salisbury,
are especially suitable for them. On the 23d of September,
a salmon weighing 6 lbs. 2 oz. was taken in Snipsic Lake,
and one is reported to have been taken in one of the Twin
Lakes, which weighed 6 lbs. 8 oz. While supplying a lim-
ited number for experiment to all those who asked for them,
the Commissioners have deposited a large number in some
lakes deemed best adapted to them. It will also be noticed
that a large number were placed in tributaries of the Housa-
tonic River, near New Milford, with the hope of stocking that
river, which is said to have many deep holes, and where there
are no obstructions, between New Milford and the Derby dam.
The Commissioners desire to tender their thanks to the offi-
cers of the following railroads for facilities afforded for the
rapid transportation of the cans containing young fish over
their respective roads; New York, New Haven & Hartford,
New England, Housatonic, Naugatuck, Connecticut Valley
and Connecticut Western. At the request of the Commis-
sioners, they all issued to their employés, printed orders, of
which the following is a copy:

2

10 FISH COMMISSIONERS’ REPORT. [ Jan.

Upon presentation of this General Order, duly countersigned
by Wiiit1am M. Hupson, Connecticut State Fish Commissioner,
Conductors and Baggage-Masters will transport free until January
1, 1882, cans of young fish or crates of eggs in baggage cars of
passenger trains, and return. empty cans, checking them to des-
tination of messengers holding first-class tickets and accompanying
cans.

Baggage-masters will also render every assistance desired by
messengers in charge of fish, and allow them access to baggage
cars for the purpose of giving the fish proper attention.

In consequence of these orders,a great deal of delay at
junctions and stations was avoided, and the young fish were
delivered in much better condition.

SALMO SALAR.

For reasons stated in the last report, the Commissioners
made no appropriation for procuring the eggs of the Penob-
scot salmon, but when the time for their distribution arrived,
Prof. Baird, the U. S. Commissioner, kindly presented the
State with 250,000, which he suggested should all be planted
in the same place. They were sent to the hatching house of
Mr. H. J. Fenton, at Poquonock. On unpacking, 491 eggs
were found to be dead, 3,568 died in process of incubation,
and 810 young fish died after hatching, a total loss of 4,569,
leaving 245,631 for stocking purposes. In accordance with
Prof. Baird’s suggestion, they were all placed in the Farming-
ton River, (a branch of the Connecticut,) in the town of
Colebrook.

The following letter from Mr. Chas. G. Atkins, shows
what are the prospects for both varieties of salmon for the
ensuing year.

Bucxsport, Me., Dec. 2, 1881.

Dear Docror:—I am afraid my dilatoriness has annoyed
you, if indeed, it has not rendered useless the items of informa-
tion that I shall give you below. I have excuses, but you will
hardly care to read them. So to the point.

The Penobscot works are now established in their new location,
whither it was found necessary to remove in 1879. Aside from
the separation of the hatching-house from the enclosures where the

1882. } FISH COMMISSIONERS’ REPORT. 11

fish are confined, and the spawn taken, the present location is
hardly to be improved upon. The cars in which the salmon are
conveyed from the place of capture, are taken directly into the
enclosure, and there the fish are turned out without injury or trou-
ble. The water in which they await their accouchment is excel-
lent, the barriers are substantial and safe, and the shape of the
enclosure,—long and narrow,—favors the recapture of the fish in
October. This part of the work is in the town of Bucksport, but
to secure the best site for a hatching, or rather developing house,
we had to locate this part of the establishment at Craig’s Brook, a
mile and a half further eastward, in the town of Orland. Here
we have command of a stream of water unsurpassed in purity
among all the waters of my acquaintance, an ample fall, and free-
dom from all danger of freshets. The brook is the outlet of
Craig’s Pond, but it receivés the water of so many tributary
Springs that its temperature at the hatching-house in 1879 and
1880, ranged so high as to force us to ship the most of our eggs
in December. To avoid this difficulty, we have this year built a
cement aqueduct with a four inch bore, 1,600 feet in length,
which brings us an ample supply, of cooler water from a point
above the springs. I do not think it will be necessary to ship any
of the eggs this season before January. The spring water is still
at command as before, and can be used when needed.

Our breeding salmon, were bought, as usual, in the month of
June. The whole number obtained was 513. Of these 5: died
before reaching the enclosure, and 141 are known to have died in
the enclosure within a short time after capture. This excessive
mortality I believe to be caused by the character of the nets used
in dipping them, and another season we shall return to the cloth
bags, which were formerly in use and gave better results. There
were left in the enclosure, according to our memoranda, at the be-
ginning of the spawning season, 367 fish. These were all captured
with the exception of 4, whose fate could not be determined. Of
the 363 captured, 232 were females, and 131 males.

The fish were uncommonly large this year—surpassing all pre-
vious experience, in fact. The females yielded about 11,000 eggs
each, amounting to a total of 2,550,000. Closer estimates are
more likely to raise than lower these figures. As the losses on
Penobscot salmon eggs are generally light, I think I am quite
within bounds in assuming 2,462,000 as the dividend. On this
basis, the division of the harvest will be as follows :

12 FISH COMMISSIONERS’ REPORT. Jan.,

State. Contribution. Quota of Eggs.
Maines ios it & enero 00000 1,080,000
Massachusetts, - - 500.00 270,000
Connecticut, - - - 300.00 162,000
United States, - - P75 7.34 950,000

$4,557.34 2,462,000

These will be ready for distribution in January and February.

The Penobscot establishment has been, for the last three years,
under the immediate charge of Mr. H. H. Buck, of Orland, to
whom credit is due for the conception and execution of many
details in our fixtures and methods, as well as for general prompt
and efficient management.

At the Schoodic Establishment we have not had this year quite
average success. The data showing the number of fish handled
have not yet been worked up, and I cannot now state the number
either of males or females. The crop of eggs secured amounts to
about 900,000. This is the smallest number secured any year ex-
cepting 1876, when we got but 543,000 eggs. A small run of fish
was not anticipated this year. The spring and summer fishing was
unusually fine, which was supposed to prove great abundance of
fish, but may have been simply the result of unusually favorable
conditions for capturing them. We may have reason to regard a
great slaughter of fish in the spring as an unfavorable circumstance.
At least this point is clear as arithmetic, that if there are ten thou-
sand fish in the lake and other people take eight thousand of them
there are but two thousand left for us.

The apparent abundance of fish in the fall of 1880 and spring of
1881, had so much of encouragement in it as to warrant prepgra-
tion for a heavier run this season. The hatching house at the cove
near the lake, which was commenced in December, 1880, was com-
pleted, with an addition which more than doubles its size, an
aqueduct laid which will double the supply of water, and additional
apparatus provided, so that we were in condition to take care of
three millions of eggs had we secured them. Such an event is
not at all unlikely to happen, and there is no occasion to regret the
expenditure required by the new house. Itis by far the best house —
of its kind we have ever had at either establishment. It covers
about 1,500 square feet of cement floors, arranged at seven differ-
ent elevations, with a fall of eight feet from the highest to the

1882. ] FISH COMMISSIONERS’ REPORT. 13

-lowest, affording the best facilities for aerating the water and using

it repeatedly. 1ts location is more convenient for all purposes than
either of the other houses at Grand Lake stream.

The eggs at this Establishment will be ready for shipment about
the same time as the Penobscot eggs. The original 900,000 will
probably be reduced by the ordinary losses to 800,000. The re-
serve for the lake wili take 200,000 more, leaving 600,000 to be
divided among the subscribers.

The division will be as follows:

State. Contribution. Quota of Eggs.
Maine, - - - - $300 60,000
New Hampshire, - . 250 50,000
Massachusetts, - - - 500 100,000
Connecticut, - - - 500 100.000
United States, about - 1,450 290,000

$3,000 600,000

The foreman at Grand Lake stream is Mr. Wm. H. Munson, in
whose faithfulness and vigilance I have the most entire confidence.
Tam myself present during the most critical parts of the season,
including the spawning season, and generally during the packing
and shipment of spawn ; but at all other times Mr. Munson has
sole charge. You have observed that the Schoodic eggs suffer a
greater percentage of loss than the Penobscot. This must not be
attributed to the management, but to some cause connected with
the condition of the parent fish itself, the precise nature of which

is not yet fully understood.
Very truly yours,

CHAS. G. ATKINS:

SHAD (Alosa Sapidissima).

Shad hatching operations were entrusted to Messrs. Chalker
and Rankin, who were similarly employed last year. They
hatched out, and turned into the Farmington River, 2,123,000
young shad. About the same time Prof. Baird, at the request
of U.S. Senator Joseph R. Hawley, sent 1,000,000 young shad
from the Delaware River, which were put into the Connecti-
cut River above the Railroad bridge at Warehouse Point.
Messrs. Chalker and Rankin, as well as some of the pound
fishermen, were strongly of the opinion that shad could be

14 FISH COMMISSIONERS’ REPORT. [Jan.,

successfully hatched in the waters of Long Island Sound, and
while your Commissioners, (from their own experience, and
from a knowledge of some experiments conducted under the
auspices of the U. S. Commission, by which it was demon-
strated that the young shad hatched in fresh water, if put
into salt water, all died,) Were utterly incredulous in the
matter, it was deemed best to allow the experiment to be
made, so that the question might be thoroughly tested.
Messrs. Chalker and Rankin conducted these experiments
from June 13th to July 22d. Their report is here given.

To the Hon. Fish Commissioners of the State of Connecticut :

GENTLEMEN—Your subscribers respectfully report. We
began our operations this year on the Farmington’ River at
Poquonock, on May 1lith, hauling the seine twice on that
day, but finding no ripe shad. The first that we found suffi-
ciently matured, were taken on the 23d of May, and we con-
tinued our labors there until the 20th day of June. A de-
tailed statement of our labors and results is appended to
this communication.

Our operations at this place were seriously embarrassed in
consequence of several heavy showers, which in the Farming-
ton river often cause (as they did this year) sudden freshets,
disturbing the waters and carrying dirt, leaves, and rubbish
of all kinds everywhere. Notwithstanding all disadvantages
we turned, (as our statement shows,) 2,128,000 young shad
into the stream in good condition, at this place.

In accordance with instructions we commenced operations
for the propagation of shad in salt water, at a suitable place
about two miles west from Connecticut River at Gardiner’s
fishery in the waters of the sound.

We constructed two pens of netting, each twenty feet
square, and set them in twelve feet of water. The first shad
we put into them June 18th, and by June 18th we had two
hundred and twenty-five shad secured in these pens. On the
last mentioned day, the temperature of the water was 58°
and continued to rise very slowly, reaching 67° by July 8th.
Our operations continued until July 22d.

1882. ] FISH COMMISSIONERS’ REPORT. 15

July 8th we found ripe shad in our pens for the first time,
and we found them as we needed them thereafter. We ascer-
tained in the very commencement of our experiment that the
eggs would not impregnate when treated in the manner that
was always successful in fresh water. The ova and milt
would not assimilate until we made the experiment of strip-
ping the fish under water, and in this way we had no diff-
culty; the eggs impregnated as readily and satisfactorily as
they had ever done in our fresh-water operations. They set
(adhered) perfectly, and enlarged to the usual size in about
the usual period of time—were transparent, and perfect for-
mations of the young fish were visible therein, and in some
of the boxes the progress continued until the spasmodic ac-
tion of the fish in the egg—the peculiar jerk—was plainly
visible.

During most of the time the winds were unusually heavy,
producing an almost constant concussion of the water with
the boxes, and a consequent abrasion of the eggs resulting in
a premature rupture of the sac—an immature birth. This,
together with the unusually low temperature of the water
itself for so long a period, made obstacles and difficulties in
the way of successful experiment that we had not then the
means of overcoming, and in some cases did not foresee.

Our experience thus far has developed the fact that the
work of propagation, even under adverse circumstances, is
successful in the waters of the sound up to the time of im-
pregnation of the ova and embryo life. . And further, the
causes that have apparently checked further developments
have been those above stated—the concussion, abrasion, and
premature rupture of the sac, and also the low temperature
of the water. With these difficulties removed we believe
that the artificial propagation of shad in the waters of the
sound is neither impracticable or difficult.

These difficulties may be obviated by the use of the cones
which are now employed in artificial propagation in most
places. One of the many circumstances that has occurred
during the season to confirm and strengthen our conviction,
is the following:

16 FISH COMMISSIONERS’ REPORT. [Jan.,

Captain John S. Dolbeare of Old Saybrook, a fisherman by
occupation, on the 22d day of July last, found, in the stomach
of eels caught by him in South Bay, at Saybrook Point,
impregnated shad ova, clear, with the embryo fish therein visi-
ble to the naked eye.

The Capt. is a shad fisherman of many years’ experience,
and besides has been employed in the service of the Fish
Commissioners in past years at Holyoke, in artifical propaga-
tion of shad and elsewhere. He is a gentleman who thor-
oughly understands his business, and not easily mistaken.

The appended tables give the statistical details of our la-
bors, all of which is respectfully submitted.

JAMES RANKIN.
ROBERT B. CHALKER.

1881.] FISH COMMISSIONERS’ REPORT. 17

SHAD HATCHING ON THE FARMINGTON RIVER
AT POQUONOCK.

SEASON OF 1881.

TEMPERATURE.
Taken. Turned out. ATR. WATER. Remarks.

Morn| Eve. Morn Eve.

May 24 SOMOOD |? reek taee ae
25 SOKOOOR Meieteeiate se 2

26 SCOLOOON I exer verteete = ke

30 240,000 ; 160,000 (ROM acy I kee

31 258,000 320,000 | 65 | 76 | 71 | 76
June 1 SOOLOOOU Metrics 64 7 73 | to

No ripe shad caught.
No ripe shad caught.
No ripe shad caught.
No ripe shad.

eee eee ee
eee eee ee

300,000 | 52 | 61 | 67 | 68
318,000 | 34| 64] 66 7

eee ere ee

No ripe shad caught.

Tl ve Sio Selec cho uisios 54 | 56 | 62 | 60 | No ripe shad caught.
Te PRE re 120,000 | 58 | 56 | 59 | 61 | No ripe shad caught.
Oi ltbae tera ties 40,000 | 60 | 68 | 60 | 62 | No ripe shad caught.
13 TO OOOR | ere cee te 62 | 64 | 62 | 63

IT pete tose all es cose

IG eeneda dos, || rows tacos 64 | 65 | 69 | 71

SL Yfes|) Meta hava ta ese Ph eres asreyenete 67 | 68 | 70 | 74

TCT Se Reeresen I" Gis a osha 6 68 | 69 | 72 | 74

OMe SoeGdenc 125,000 | 70 | 72 | 72 | 75

PAU Ue Bedolbla 280,000 | 72 | 74 | 72 | 75
2,123,000 | 2,128,000

ee ee a rE

Temperature of the Water in Long Island Sound, taken at the Shad-Catching

Station. Conducted by Chalker and Rankin, during the
months of June and July, 1881.

June 18th, 58° July 4th, 65° July 14th, 672
25th, 60° 5th, 65° 15th, 67°
26th, 62° 6th, 65° 16th, 69°
27th, 63° 7th, 66° 17th, 67°
28th, 63° 8th, 67° 18th, 67°
29th, 64° 9th, 68° 19th, 68°
380th, 65° 10th, 68° 20th, 66°

July ist, 65° 11th, 64° 21st, 67°

2d, 65° 12th, 65° 22d, 66°
ad, 65° 13th, 67°

18 FISH COMMISSIONERS’ REPORT. [Jan.,

While engaged in this work, Messrs. Chalker and Rankin
employed Mr. Henry J. Fenton, superintendent of the hatch-
ing works at Poquonock, to assist them, and at the request of
your commissioners, he kept a diary of the operations. He
lived during the whole time at the fish house, on the shore,
within sight of the pound and shad pens. The details of the
work will be found in his report, which follows:

Wednesday, July 6.—Met Messrs. Chalker and Rankin at Mr.
Chalker’s shad pound, the place selected for the experiments,
where there were already a few hundred shad penned up for that
purpose in two pounds in the Sound, made of netting, where the
shad had been confined since May 28th. We made arrangements
to examine shad in the evening, and at 9 p. M. examined them and
did not find any ripe fish of either sex.

Thursday, July 7.--Temperature of water 68°. At 8 P. M. ex-
amined shad, but found no ripe fish.

Hriday, July 8.--Temperature of water 68°. At11P. M. exam-
ined shad in the pens and found one ripe female, which was
stripped, using salt water in the pans of 1,020 specific gravity.
In a few minutes the eggs all turned opaque. We could not find
any prime male, but at last succeeded in finding one that produced
one drop of milt, which was very thick and gummy. It did not
color the water in the pan a particle. The eggs looked mushy;
they did not change any in size after taking them from the fish.
We put them in a hatching box and left them at midnight.

Saturday, July 9.—Temperature of water 69°. At6 A.M. we
hauled the pound that had been fishing for two days and caught
10 shad, 8 males and 2 females, none ripe, and put them in one of
the pens. At 8.10 Pp. M. went out to one of the pens with Commis-
sioner Hudson and Mr. Rankin and examined the shad. We
found one female ripe, but the eggs looked mushy and dull in
color, and when in the water turned opaque instantly. Could not
find any ripe males.

Sunday, July 10.--Temperature of the water 68°. At 11 A.M.
went out with Commissioner Hudson and examined the box of
eggs taken the night of the 8th, and found them all dead, as we
expected.

Monday, July 11.--Temperature of the water 64°. At 9.45
A.M. examined the shad in one pen and found a female from whom
the eggs flowed very easily. When in salt water they turned

1882. ] FISH COMMISSIONERS’ REPORT. 19

opaque almost instantly. HZxamined the whole pen for a ripe male
and could not find one. Things here begun to look blue, for up to
date we had not found one prime male. We examined the roe of
one, and found it to be very small and of the following dimen-
sions: 24 inches long, # of an inch deep and as thin as a case-
knife blade. At 11 A.M. stripped one female in a pan of salt
water and one pan of fresh water. which I sent for to Deep River
(on the Connecticut River) yesterday. In both pans the eggs
looked opaque and mushy. I noticed, as some of them dropped
in a pan, without any water in it, that a portion of them flattened
out. I then stripped some from a shad into a pan without any
water and found fully 50 per cent. of them to flatten. The eggs
looked shrunken—a cause for their flattening. Hauled the pound
at 2 p. M. and caught 22 shad, equal numbers of males and females,
and none ripe. I put them in one of the pens. We then exam-
ined the shad in the other pen and thought, as we had found plenty
of ripe females, we would try first for a ripe male. We found one
at last that colored the water all right. This shad was penned up
in May, so we found that the male will ripen when penned up in
salt water. We then found a ripe female and put the pen to place,
but, when ready to strip the fish, found to our sorrow that her eggs
were diseased. The tide was then running so strong that we could
not do any more. On looking over the shad in this pen we found
several ripe females from which the eggs would flow. So to-day’s
labors demonstrated that shad will mature in the day-time, but
whether in perfect normal condition further developments will de-
termine, as you are well aware that shad in fresh water cannot be
stripped until after dusk. Then we looked at box 3, eggs taken
on the 8th, and found them to grow less in number every day,
and I think they break in the box, but Messrs. Chalker and Ran-
kin think they are lost through some hole.

Tuesday, July 12..-Temperature of .the water 65°. At 10 a. M,
examined shad in one pen, and found ripe males and females, but
the eggs were in the same mushy condition as before, and in five
minutes after stripping were all opaque. We then examined the
other pen and found ripe males and females in good condition,
eggs fully developed and good color. This was the pen where we
put the shad caught the 9th and 11th. Used salt water in some
_ pans and fresh water in some for impregnating, and the results
were the same. After stripping the shad, the eggs adhered to the
pans and in due time came to the surface. We let some pans re-

20 FISH COMMISSIONERS’ REPORT. [Jan.,

main in the sunlight, and covered others to keep them dark, think-
ing the sunlight might have some effect on the manipulation, but
the results were the same. The eggs remained transparent and
good color, but never increased any in size after being taken from
the fish. Examined the roes of two female shad and found the
one pan in which the eggs looked mushy to be full of watery mat-
ter. The roe pan, the shad from which the eggs looked well, ap-
peared to be all right and in normal condition. Not being quite
satisfied with conducting our experiments with the naked eye, I
went home to-night to get a powerful microscope to make more
thorough examinations of the eggs.

Wednesday, July 13.—Temperature of the water 65°. Returned
at 1 p.m. Found Mr. Rankin at the boxes. He came in and
said that the eggs taken yesterday from the best shad, impregna-
ted in salt water, were all lost. On examining the box of eggs
impregnated in fresh water, I found remaining about 25 per cent.
of the amount put in. The rest had disappeared. My theory is
that the shells of the eggs are tender, and the eggs break and the
shells disappear through the coarse wire cloth. The box of eggs
taken from the shad whose eggs appeared mushy are all gone.
We hauled the pound and caught 16 shad: 8 males and 8 fe-
males; none ripe.

Thursday, July 14.—-Temperature of the water 67°. At 10 A.M.
we stripped two females and amale. The eggs of one looked well;
those from the other looked mushy. The good eggs adhered to
the pan and appeared transparent, but did not change in size.
The mushy eggs all turned opaque. JI examined with my micro-
scope the eggs that were taken the 12th from the best shad and
remained transparent. I could see that the oil cells looked all
right, but there was no sign of life. The germ disk looked a
brown color and dull, whereas in a normal state it should have a
bright, silvery sparkle. The eggs did not show any fish devel-
oping.

Friday, July 15.—Temperature of water 66°. I again examined
with the microscope eggs taken on the 12th, but could find no
trace of young fish, the eggs all looking opaque and disappearing.
Examined shad in the pens at 10 a.m. and found ripe males and
two good females. The eggs of the other ripe females were mushy,
At my suggestion we stripped one pair of the prime shad in a fine
wire hatching box, holding the vents of both fish together under
water. ‘This produced the desired result. The eggs were impreg-

1882. ] FISH COMMISSIONERS’ REPORT. 21

nated and swelled up to the standard size. I think this the first
mess of eggs we have had impregnated. We took the other pair
ashore at Mr. Rankin’s suggestion, thinking the motion of the boat
might injure the manipulation and stripped in pans in a bathing
house, made dark. The eggs adhered to the pan, but never
changed any in size. Their color was good and they felt right.
We put them in the hatching box. At 4 p. m. I examined with
the microscope the eggs taken under water at 10 a. Mm. ; found the
disks and oil cells perfect, the eggs of good size and transparent.
Also examined the eggs taken this morning in the bathing house
and found the oil cells apparently good, but the germ disk ap-
peared of the same dull brown color as the others. The eggs did
not change in size. At 8.30 p.m. I stripped one pair of good shad
under water in the hatching box. The eggs swelled all right, toa
good size. Also stripped one:pair on shore in pans, but the eggs
remained the same size as the one previously taken in the pans in
the old method of stripping shad. The only promising results so
far have been with eggs taken under water.

Saturday, July 16.—Temperature of the water 69°. We hauled
the pound at 10 a. m. and caught 8 shad, 6 males and two females; —
none ripe ; put them in the pen. I examined with the microscope
the eggs taken yesterday under water and found them appearing
very well, and showing signs of development. Also examined
those in the bath house and on shore yesterday and found them
turning opaque, and the germ disks looking dull. A heavy sea
with high wind coming on, ‘we were obliged to abandon operations
for the day.

Sunday, July 17.—Temperature of the water 68°. At1l a.m.
I went to the boxes with Dr. Hudson and found thousands of egg
shells in the fine wire boxes. The remaining eggs looked well, so
my theory of the loss of the eggs holds good yet. I examined with
the microscope the eggs taken on the 15th under water. I found
the outline of the little fish and could see the motion, which I
showed to Lieutenant-Governor Bulkeley, who saw it plainly.
I took one fish down to Fenwick hotel and showed it to Dr. Hud-
son, who could see the spinal column and eye spot.

Monday, July 18.—Temperature of water 67°. At 7.30 a. M.
I examined, in company with Mr. J. Parker of Chester, Conn., the
eggs taken on the 15th. We could see the embryo in the eggs
very plainly, and could see life. At 7p. Mm. with Mr. Chalker, I
examined eggs taken on the 15th; and he could see the embryo in

22 FISH COMMISSIONERS’ REPORT. [Jan.,

the egg with his eyeglass. The sea ran so high that we could not
examine shad in the pens to-day.

Tuesday, July 19.—Temperature of the water 67°. At 9 A.M.
I examined shad and stripped two pairs in a box under water. The
egos swelled all right. I examined the eggs taken under water on
the 15th and found a larger amount of shells ; the eggs remaining
had all turned opaque. We hauled the pound and caught 6 males
and 2 females ; none ripe.

Wednesday, July 20.—Temperature of the water 66°. At 10
A. M. we hauled the pound and caught 5 males and | female ; none
ripe. We examined the shad in the pens and stripped two pairs
under water. The eggs swelled all right, and at the suggestion of
Mr. Chalker we sank the hatching box down near the bottom of
the Sound, on the theory that the motion on the surface destroyed
the eggs, and that sinking would protect them from the heavy
seas,

Thursday, July 21.—Temperature of the water 67°. At 10a.
M. we stripped two pairs of shad under water in a water pail, and
they appeared all right. We started on our way with them to
brackish water, but we soon found them all breaking in the pail,
they being too tender to be carried. It had been my opinion for
some days that the salt water destroyed the shells of the eggs,
which was the cause of breaking, and to-day I resolved to demon-
strate the facts of the case. The following are the results of my
observations with my microscope: Beginning with eggs when first
taken from a good shad, the shells looked smooth and good. Then
taking the eggs that were in the salt water seven hours, I could
see on the shells what appeared hke pin pricks. When the same
eggs had been in salt water twenty-four hours, the size of the pits
is quite large and looks like small-pox pits on the face of a person.
The pits continue to grow larger and deeper. This is what causes
all the eggs to break when three or four days old ; that is the old-
est we have had. In my statement I have previously spoken of
the eggs adhering to the pans and not changing in size, and to-day
I took one pair of good shad and stripped some eggs, with a male,
in a pan, and the eggs adhered. I then took some from the same
fish without the male and let them stand until the germ disks
were closed and beyond any chance of impregnating. Then I
used the male and found that the eggs adhered. I then took the
egos from the same fish, under water, with a male, and they all
swelled to a good size, while those stripped by the old method,

1882. ] FISH COMMISSIONERS’ REPORT. 23

holding the shad out of water, did not change in size. So in this
case it does not follow that the eggs are impregnated always when
they adhere to the pan, for I have been unable to find any trace of
an embryo in the eggs we have taken, which did not change to
the standard size.

We made numerous other experiments which I do not deem
worthy of mention, as in our desire for success we were like a
drowning man grasping at straws. We tried some experiments
which I have not spoken of, which, under other circumstances, we
would regard as foolishness.

Notwithstanding the three weeks’ unsuccessful experiments to
hatch shad in salt water, it may open a path for the future, but I
very much doubt it. We have been repeatedly told by the Sound
fishermen that shad do ripen in salt water and they believe if they
ripen there, they hatch there. That they catch ripe shad in their
pounds there is no doubt, but under what circumstances do they
ripen, and are they in normal condition ? My theory is that when
they are on their migratory trip to fresh water they are detained
in the Sound by numerous fishing contrivances on their way which
check them even if they are not caught. Nature is all the time
advancing with its never-failing work, and hence there is an un-
natural ripening, for in the pounds we find them ripe in daylight
as well as night, while it has been the experience of us all at shad-
hatching stations not to get any ripe shad except between sundown
and sunrise. Therefore, I think the so-called ripe shad caught in
the pounds are not in a normal condition. The shad in the pens
stood handling remarkably well. We tied a string to the tail in
some cases, and would have the fish out of water nearly every day
for two weeks. It would live, although the scales were worn off
and the nose and tail sore, and the fish would remain plump, in
good condition and the stomach invariably full.

Friday, July 22.—Temperature of water 67°. At 1] a. mM. we
examined the shad in the pens, and finding them all diseased
turned them loose.

Saturday, July 23.—Temperature of water 66°. We examined
a box of eggs that we sunk in the Sound the 20th, and found
those that were taken from the two females, about 1,000, looking
the same as all eggs previously taken, when three days old. We
took up the pound and pens to-day, turned loose the remaining
shad, and closed our experiments.

HENRY J. FENTON.

24 FISH COMMISSIONERS’ REPORT. [Jan.,

It should be recollected that these experiments were con-
ducted by men who were very confident that they would be
successful, and every facility was afforded to them to make
the test decisive. The result was that not a single young
shad was hatched in the salt water, and it would seem to be
demonstrated to the satisfaction of every fair-minded person
that the eggs of the shad can only be properly developed and
made to produce healthy young fish in the fresh water to
which the parents annually resort for the sole purpose of
spawning.

The report of the catch of shad in the Connecticut River and
the pounds near its mouth, in Long Island Sound for 1881 is
as follows:

POUNDS.

6 in Saybrook caught - - 97,850
10 in Westbrook “ - - 129,788
7 in Clinton e - - 50,000
13 in Madison «s - - 4,000
36 Total, - 281,638
GILL-NETS.

2 at Deep River caught - - 2,080
7 at Hamburg e - - 5,000
5 at Essex a - - 4,763
18 at Lyme : - - 20,350
10 at Old Saybrook ‘“ - . 11,258
42 Total, - 43,451
HAULING SEINES.

3 at Saybrook caught = - - 18,000
5 at Essex = - - 8,589
8 Total, : 26,589
SUMMARY.

36 pounds caught - - 281,638
42 gill-nets as - - 43,451

8 seines 0 - - 26,589

851,678

1882. ] FISH COMMISSIONERS’ REPORT. 25

It will be found, on comparison with last year, that 81,760
more shad are reported as caught in 1881 than in 1880.
The pounds increased their catch from 175,784 in 1880 to
281,638 in 1881, but the report includes the catch of 36
pounds in 1881 and only 29 in 1880. The gill-nets report a
catch of only 43,451 in 1881, but in 1880 they caught 56,505.
The number reported in 1881, however, has decreased from
57 in 1880 to 42 in 1881. The hauling seines report a catch
of 26,589 in 1881 and 87,629 in 1880, but only 8 are reported,
instead of 15 in 1880.

Mr. Henry J. Fenton reports that 11,505 shad were taken
during the season in the Farmington River. Complaint is
sometimes made that the shad fishing in the Thames River
is not as good as it ought to be. This can doubtless be
accounted for from the fact that the mature shad are not
protected on their spawning grounds. The following letter
from a gentleman well known to your Commissioners will
illustrate this. For obvious reasons, the name of the writer
is not here given.

GREENEVILLE, Conn., June 29, 1881.
Wu. M. Hupson, Esea.:

Dear Sir,—According to law the fishermen here stopped fishing
June 20th. Now for a few days the water has been very low, and
since last Saturday morning over 150 shad have been clubbed to
death by boys with sticks and stones. The shad have not spawned
yet, and this is reducing the future fishing at a fearful rate.

ENFIELD DAM.

The original charter of the Connecticut River Company
required that a wide opening should be maintained in the
center of the dam at Enfield for the passage of logs, the
ascent of fish, and navigation purposes. An amendment to
this charter was granted by the last legislature of Connecti-
cut, permitting the company “to unite their said dams at
Enfield Falls, aforesaid, so as to continue and extend the
same across the Connecticut River, and to raise said dam and
dams to such a height that the crest or crests thereof shall
not exceed the height of seven feet above the miter sill of the

4

26 FISH COMMISSIONERS’ REPORT. [Jan.,

upper guard-gate or lock, at the upper entrance to said canal,
-as said miter sill now is; but the dam at the extreme west
end may be fifteen inches higher than its present height, slop-
ing on a regular incline for three hundred feet: provided
that said company shall construct and maintain at the said
dam or dams, and asa part thereof, subject to the approval
of the Fish Commissioners of this State, suitable and proper
fish-ways to admit the free passage of fish up and down said
river, over and above said dams, and to be kept open at such
seasons as shall be necessary for the passage of fish, said fish-
ways at all times to be under the direction and approval of
said Fish Commissioners, or of such other authority as this
State shall appoint with reference thereto.”

The company taking advantage of the stage of low water,
being about to commence operations according to this amend-
ment, invited the Connecticut Fish Commissioners to inspect
their plans at Enfield on Friday, the 29th July. The Com-
missioners were all present, and by the courtesy of the com-
pany were provided with a steamer which passed through the
whole length of the canal and out into the river above the
dam, dropping down to the very dam itself, where the pre-
liminary coffer dam was being erected, thus enabling the
Commissioners to obtain a complete view of the situation.
Although the amendment permits the company to raise the
dam fifteen inches, it is proposed to raise it only three inches,
as this is all that is required to assure a plentiful supply of
water for many years tocome. In the center, a fishway forty
feet wide is to be introduced. It consists of a series of steps
proceeding from the crest of the dam down stream for about
twenty-four feet, and from the plans it would seem to be as
easy for fish to pass up this fishway at the usual stage of
water in the spring as to pass through the rapid water of the
gap now existing. It was the unanimous opinion of the Com-
missioners that the proposed alteration would present no
obstruction to the passage of fish over the dam, and their
approval was given to the work contemplated.

1882. ] FISH COMMISSIONERS’ REPORT. 27

GERMAN CARP.

The interest in the cultivation of German carp seems to be
increasing in this state, and inquiries are constantly made of
your commissioners how to procure them. All applications
for them must be made to Prof. Baird, on printed blanks,
which he kindly furnishes to your commissioners for distribu-
tion. It should be understood that these carp are suitable
for shallow, grassy ponds, in which the salmon family will
not thrive at all. They are vegetable feeders to a consider- -
able extent, and require a muddy bottom. The ponds in
Washington are drawn off in October, generally, and the
young fish are then sent to the different states, a large num-
ber at a time, to be distributed by the State Commissioners,
to those who have previously applied for them. Last year
the following persons received from ten to twenty each.

28

DISTRIBUTION OF GERMAN SCALE AND LEATHER CARP,

FISH COMMISSIONERS’ REPORT.

NOVEMBER AND DECEMBER, 1880.

NAMES. Town.
DroG:Wremussell, .). -.:. INEWINStOM,.. le ss's «
Henny (Ca ud dhe erie. - AVON, (Jk Gein sbrss ence
Henry 2. Stevens... ..... Hartfordss. ie.cecin a:5
William G. Comstock,...| East Hartford,........
Caleb eaivatitiss. mis sae «-. Hast Wandsomeasecscce
Arthur Worthington,....) Middle Haddam,......
Henry A. Slatersi....... Monehestersae. were aoe
William F. Curtis,....... Strationd sper eee
Harvey es ally...) 5.32 Woallingtord armor
HO) REBT eM VVAINILEE tet rsioce tote e- 'e Orange: ssece cee
J. Meads Warren,....... Stamford aneeeen ieee
Georsestin Comstocks.)..| LVvOLytOns ene eeeeeaae
Miss Sarah Porter,....... Karmineton, <.csne
James Gallagher,........ New Haven,..........
PIPERS ASSO UL ecatree es se, 01 Huntington, 5-2... +s
er Olarkeey mac vo oc Windsor ee
I ROCKETS aaeyeise a thse Putnam,

Leonard Green,.......... INorwachynn seetiertsce
EG Mel Otley sia sex ea: Meridenviei en rice uae
EH VOMRentiel Gh ven. siaie1 Bristolaeer meer en ie
VAN Waeeleap las sreietercists|sc ic & Morrestvalleseesseer ee
(Onasntsy JEhbbOlo5 oo aaaeeoe Chester. peeereencer
Mirseh. Hlentomtere cr - Windsor eer eere cer
ING IS honaniavonOin,. oj 4oan00e SOT MN Mae emt ft aa oe
By EiCowperthwait)).2. |) Danbunyscn seme scels ae
OD Sailor ect stce «1s New Fairfield,........
ING, lak Wii. aoonace IPomfretin.k sence cee
John Bs skaiappeee cae Piamlord st eeu eee
INTHOSHSLONMC serves mere reper. Danbury eee eee
PACED RASVILES Myereeteyetchelete rere MYSTIC WotR ree
Henry J. Menton: ...51... - Windsor, 0.0) b 5 cee
Wi. S.cbaton ee ecic sees IMaTstieldsav cee coe
HA Goabhelpseeereners cs Wandsor).4). cee:

County.

Middlesex.
Hartford.
Fairfield.
New Haven.

Fairfield.
Middlesex.
Hartford.
New Haven.

.| Fairfield.

Hartford.

.| Windham.

New London.
Middlesex.
Hartford.

Middlesex.
Hartford.
Fairfield.

Windham.
Fairfield.

Middlesex.
Hartford.
Tolland.
Hartford.

1882. ] FISH COMMISSIONERS’ REPORT. 29

One thousand of these fishes have recently arrived from
Washington, and are now (November) being distributed to
those who have made application for them during the year.

The financial statement is hereto appended.

Respectfully submitted,
WM. M. HUDSON, ) Commissioners

ROBERT G. PIKE, on
G. N. WOODRUFF, Fisheries.

FINANCIAL STATEMENT.

Appropriation of 1881, : $5,000
March 29. Paid Henry J. Fenton, 200, 000. cain oan $600.00
April 22. Paid Henry J. Fenton, hatching and dis-

tributing 250,000 Penobscot Salmon, 383.76

ie “Paid A. Wilbraham, six new transporta-

tion cans, . ‘ “ 33.00
May 12. Paid R. B. Chalker and eines eee
shad hatching, . : 500.00

«« 14. Paid H. J. Fenton, hatching eral ange.
buting 350,000 land-locked salmon, 453.20
«< «Paid H. J. Fenton, 74,000 young trout, 222.00
June 2. Paid Chas. G. Atkins, land-locked salmon, 6500.00
ca «« Paid Chas. G. Atkins, Penobscot salmon, 300.00
« —% Paid Geo. Jelliffe, hatching and distribu-

ting land-locked salmon, B 238.16

Sept. 2. Paid R. B. Chalker and James eben.
balance due for shad hatching, . 245.48
«« 12. Geo. N. Woodruff, pay, . A : 54.00
wel RSS cpt pic expenses, . : 5 78.25
Oct. 4. Robert G. Pike, pay, Z : : ‘ 222.00
Of arse Han ash Jas expenses, : : < 259.04
Nov. 12. W. M. Hudson, pay, , : : : 372.00
BOM Ap ss sé expenses, = z : 257.35
$4,718.24

Balance on hand Dec. 1, 1881, : : : : $281.76

30 FISH COMMISSIONERS’ REPORT. [Jan.,

The following list is taken from the American Field, the mana-
ger of which has taken special pains to have it complete and
correct.

LIST OF THE STATE FISH COMMISSIONERS.

United States.
Prof. Spencer F’. Baird, Smithsonian Institute, Washington, D. C.

Alabama.
CSG Mi Oster eio ie ss cmiekis ences alee een Prattville.
DD). AS), coe RL CR Et a. eo icisre gs to a Oe eile wie oi Courtland.
Arizona.
John(G-GOsper cosas cals sakierns tase Sa caeneke Prescott.
Dr Dee Mae rart,.. s «aclu she eis sales. cohetome ele se Yuma.
Richard Ue 4.Fo!2.\. cil eentamenee ae Wieder eae Tombstone.
California.
i. ave dane ye, cx re oucko de Sones yet he Heeeecs eaaiarcde San Francisco.
ePELeL OTOCKMNOLUODA. Simei tie Rieiey iene «etletoae ee San Francisco.
JEP MMT Wel Rica Desc atasevoie: NG fete: done iste e.elolevn tebe Niles
Colorado.
WW, MUMS IS Ys Riettere ss cis nie’ s's saree O06 aheiemetaieia We Brookvale.
Connecticut.
SW, AL PERI id oe wus a, Gere, sie mesial cfee #is)eiok Hartford.
TROD GE Hits Beetle arts crs, oe wilsis'e)s Yo, ssc pun aladene, © eyeuaine Middletown.
GeOrPe ING NVOOU TUE 2i5 4 2 cies njinim 6 slere bie ceiecore Sherman.
Georgia.
OW Pend ansom ras (6 ie piss bis. ss joielo ss wae creme Atlanta.
Lilinors.
N. K. Fairbank, president, Behe io rero:<:aib yc rein eee Chicago.
SS. P. artlett eter tic /sterieis & ate sis 0'6 ols < > etaneete Quincy.

S.1P. Me Doel, con een: cee, thie ss os ee eee Aurora.

1882. ] FISH COMMISSIONERS’ REPORT. ol
Indiana.
No appointment.
Towa
USS Ha Wuaaien tes tenes eeeTarnne aeten ee. 6.che S sysmave’ Sats Anamosa.
i) AL MOsHer) ASS, trC OM Terra Wes oae'eckiaia's ss, 6 Spirit Lake.
Kansas,
IDPs IONE Fats reropcVieie of feavelaye sha cie stclaiets''<\ ols’ «'s Ellsworth.
Kentucky.
Wire Grint PRES bela sis se ciara sie else eee ges Louisville.
Dra Se wy Coombs: SeClys aS seyieaeua age ho <8 se Bowling Green.
Heres om DAT Mey tes askaper wiz bepeyeraC rw aging Sie/ oe ee iecaal Princeton.
eioyiteseWielc tw aiecisrisss cg ojos lores fae sae ees Madisonville.
Cr NVLLOM Dyetpeetcncarcistercreia'a «lalate elise anita) a's. « Munfordville.
eee HTM ete¥i ah sisted ore) oe hers, vee, iis: &6,a8% « Independence.
CO MME OEORLO Teicaye: sepsis wile) aaaseiatthelecsiladarbe ate! are Mid way
NVR Rue erate a ieu telat alec stale, aay staves resis: ¢ @ Danville.
TAR, Wi STNY ATUL OND pce ails sisysi nis ale sie "otal <the )¢ Mt. Sterling.
BNE EM GOOLCL ae c'ayapere «oye als oate/kiavcaes © garace & 0 Catlettsburg.
Maine.
H. O.Stanley: ..2./; entice tars sake v apatite Sheed En Dixfield.
Bir Me SMlaMell parva pniiecuhl sae tie avaldidine: aoe oe «1c Bangor.
Maryland.
TBs Ferguson... SEC ic RR ae eo Washington, D. C
Thomas -Flaghl ets: aaa oe tlss fesse. Easton.
Massachusetts.
Mbeodore Livan, «<0 ete Wee hale 6 scion Brookline.
Pec HGEME MM. A ta 5's Go SERENE Sahirag.s ORS od Boston.
Ars raGkKettiay<.:ste « Sih hte ola} at ok A stahet 0 ats Winchester.
Michigan.
PLT IMGT SOLOS ibi,:<'s 'arascanelareorretoneatstan aelerar Ses Richland.
se yi eel cae) C2: 2a PN re te Ee do Me Detroit.

TE ered cco ALCO Lie vacas si: 2 Gio Se cate ahae om ers 6 Grand Rapids.

32 FISH COMMISSIONERS’ REPORT. [Jan.,

Minnesota.
Robt. Ormsby Sweeney, chairman,.........-. St. Paul.
1D: MGAMELOn heme rein iae es a>. cies oi La Crescent,
WAY coweetiy, Me erectile = eles ae 2 Red Wing.
Missourt,
Hon. Silas Wioudsou eg sae ei ssc c vekis leaner St. Joseph.
Hon. Ele Claw inva antes «ssh le ik) .'s Sieheln dele Jefferson City.
Col iolin tier erin teire selects sts cso © elas srerotee Lexington.
Nevada.
1S PY Gh eles bel 21a a a A Or Air Carson City.
New Hampshire.
AMUSE WVMOIOOD wre cs sid w wise-a/im ie aves mievesesteietelees Manchester.
uther GE ayes ete. : 3! sie! dcioterne tense) cael sumlree South Milton.
"Al pinata OWers, ¢.!0!. ss ln\ecevaialels -tei Gob ccee svc Plymouth.
New Jersey.
Bas: lowell: WMD y.0).0: sarc termtensie eee cfc hatte Woodbury.
He Mech IAT OR SOI sel alefcls icicle wetsWeia niet ahiteie anes eres Trenton.
heodore pMiontord. a: espe actis cs we ee yee acs Newton.
New York
A. SHED PAIR OOS MELE ne ceakarcteicl cs eas aie cists cee ate New York.
Hd ward aM prominin ett Wee ys oe ee eel Rochester.
Richard MU Sherman ei \cscs ds; cares srasate @ valet New Hartford.
MS Ges MB ACO ra ee secrete cease dhacaleis ints Salers aces feravees Brooklyn.
North Carolina.
Se Cr (OTL eaetenetete eyaierelavetsiace cuatevsie/ereicle Morgantown & Avoca
Ohio
Ds. SA SEL RT TIS setepeepetere aa, ois, ie racenel sys 2: siavelovereiane Cincinnati.
. WiseiB ond, aepmamatcn sta rete tus Ac ete: evocc (oyadca popes Toledo.
ELC. POR ce wie teie eirnpinb toes elinta enetaia nin 5 din whee Sandusky,
Pennsylvania.
Ben, Mul Mele Wath eters telco is Maye pslovels (ss ole \ehn oketteneds Hollidaysburgh.

Howard J. Reeder,....... Aen as «tin ele eae Easton.

1882. ] FISH COMMISSIONERS’ REPORT.

RUT OS PD Uhye cee tthe bes) ofe tein mc a nis ciel aie es Marietta.
Ober Da lal ret erete sce. v alaisie ein. «\ s.4< 0a) < Pittsburgh.
Vigor WEkpheoh lens O05 6 COC EO ORs aes Selin’s Grove.
Gai Millers sesamin ntane sj ste sino 2 +o 8 eee Wilksbarre.
Rhode Island.
Newton Wexteriacte aS sane wlsleied ss slojisye esses Providence.
PARR CleNG MRCOG Oe x «hx wes SR GAS Hielel S) she Bs ele Providence.
JiGHnVERSISALGOR, Je sian sinless oes mine 3 + Gey 0 Rockland.

ewes GOI eras aes esas ieee a ate Ne eee Columbia.
Tennessee.

Goo. lH. Akers, cuairman:, «2. GR... oat sos 3 Nashville.

Wis Wee MeDowell SeG ys. J ceiscs 6 seciensaten a es Memphis.

Jab eish DSinecGl Ce Gupb Coe fom escils bic er aeso Chattanooga.

Utah

owe ple MALKOOts: asics seisiecsee = <.nege cs s eles Salt Lake.
Vermont.

IES CLO ASAD WDSc stag ioiey atleteprui mays eyajs\s\«-0/0\eie ees Rutland.

RO Here Bay VBE RO Gt a ouieseicie a arate redare are! G)erab (eheio-s: aie Grafton.
Virginia.

IVER tonne ld Wepre ts eraaays kts) cine einjebe’ oials,n +.9:2.603 Berryville.
Waesconsin.

Gov. Wm. HE. Smith, (ex-officio)..........+... Madison.

Philor D traning Ores teat ely ac aiaye v ova)e «2 32 6. Madison.

C. L. Valentine, sec’y and treas.,............ Janesville.

okme BH Amtisdeles 25 tees seem a'eersm sien ee s Milwaukee.

Ce EluteRinsGn, ae scicvec-ahereies wi are o's 8 < cle ae) Beetown.

PATIOS VP OMGBics\s «| ohd cis oe epaiey syaloss, aerate aers wie Oshkosh.

Marka Mou Clas as 0/5 Hie este aes via tenca cals) Melrose.

West Virginia

Jelena. Mill Career Jon oom on Som ome Wheeling.

NCE pees Vs aI pete or wt) solos ne eo ab ey io tee eee Romney.

INU Mins PIG Yincras wis sas srciy spccteverel yee) oe feo, ELI bOI

REPORT

Or THE

LOMMISSIONERS OF SHELL-EISHERIES
CONNECIMICUT:

PRESENTED TO THE LEGISLATURE, JANUARY SESSION, 1882,

HARTFORD, CONN.:
Press or Tuk Cass, Lockwoop & BRAINARD COMPANY.
1882.

fat
{-?

yh
Fee!
= Oe TS

ug

State of Connecticut.

role OAT.

To His Excellency, the Governor, and the General Assembly
of the State of Connecticut :

The Commissioners of shell-fisheries respectfully report:

By the act establishing a State Commission for the des-
ignation of oyster grounds, passed at the last session of
the Legislature, the three Fish Commissioners of the State,
then in office and their successors, were constituted a
Board of Commissioners of Shell-fisheries; and a great
number of new and important duties were imposed upon
them touching the shell-fish grounds of Long Island Sound
belonging to the State, the particulars of which will be
found in the first ten sections of the act, a copy of which is
appended to this report.

This act was approved April 14th, but did not go into
effect until May Ist. The work done under it by the Com-
missioners covers, at the date of this report, a period of
only seven months. During this brief period they have
labored faithfully to qualify themselves for the particular
duties imposed upon them, and have accomplished the
greater part of the necessary preliminary work.

In view of the importance of accurate surveying and map-
ping of grounds within State jurisdiction, Mr. James P.
Bogart, graduate of the Sheffield Scientific School, was
appointed Engineer of the Board, at the very beginning of
the work. He was highly recommended as a person of
capacity and efficiency, with considerable experience in the
special work required of him; and it is due to him to say that
in the able and zealous discharge of his office he has won
the confidence and esteem of the Board and fully justified
the flattering recommendations which secured his appoint-

38 SHELL-FISH COMMISSIONERS’ REPORT. [Jan.,

ment. Mr. Charles A. Baldwin, about the same time, was
appointed clerk of the Board; but after a very creditable
service of one month, he was succeeded by Mr. Frederick
Botsford, whose long experience in clerical work thor-
oughly qualified him for his position. Huis services have
proved eminently useful and satisfactory to the Board.

The need of a commodious office for the work of the
Board was imperative. A room was selected in the city
of New Haven for the reason that it would be most conve-
nient to the greatest number of persons in the State inter-
ested in the oyster industry. It was supplied with furni-
ture needed by the engineer and clerk. In doing this the
strictest economy was observed, and nothing was purchased
which was not indispensable.

The Board have held regular sessions on Monday of
each week and frequent special sessions on other days,
when the press of business required.

The most important work which they have completed
was that of determining the line which should permanently
divide the oyster areas under State jurisdiction from those
under town jurisdiction; and of running the meridian
lines from points, where town division lines touch high-
water mark, to the boundary line between New York and
Connecticut.

As soon as practicable the Selectmen of the shore towns
were respectively notified to meet the Commissioners at a
convenient place on the Sound, for conference and co-ope-
ration in determining the lines in which they were inter-
ested. At these meetings, held from time to time during
the summer, the interviews with the town officers were
always apreeable, and litile or no difficulty was experienced
in promptly reaching desired results. The rule prescrib-
ed by the first section of the act of 1881, for running the
shore line afforded considerable latitude of interpretation ;
and while it was desirable to reserve for State jurisdiction
all territory which could by a rigid construction be claimed
under the act, nevertheless, wherever it was found that a
liberal interpretation would bring the selectmen and
Commissioners to a ready agreement upon a line, the Com-

1882. ] SHELL-FISH COMMISSIONERS’ REPORT. 39

missioners deemed it their duty to establish such line as
the proper one. The longer lines will be found to run
over shallow waters not suitable for cultivation. It is
believed that the lines, as established, are acceptable to
all the towns, inasmuch as no one has appealed from the
Commissioners’ decisions, as provided by the act.

Most of the points where the boundary lines between
the towns touched high-water mark, were already prom-
inently and permanently settled ; and in every such case
the commissioners and the selectmen, of the towns respect-
ively interested, found no difficulty in agreeing upon me-
ridian lines. Points between a few of the towns are unde-
termined; but steps have been taken by authorized officers
which will doubtless soon lead to settlements. The initial
points of these meridian lines at high-water mark are as
follows, viz. :

Between Greenwich and Stamford: on the main road to
Old Greenwich, at the head of the Tomack River, and on
the west side of Little Stone Bridge.

Between Stamford and Darien: from a point on the Cove
Mill’s dam, at the center of the old channel, which point
is the west abutment of the east gates, the town’s division
line follows the channel to the west end of Grassy Point
Rocks, near the Beacon. The meridian division initial
point begins at said west end of Grassy Point Rocks.

Between Darien and Norwalk: the center of a line
drawn across the mouth of Five Mile River at high tide.

Between Norwalk and Westport: a point marked by a
bound stone on Sprite Island, which point is due south of
the head of Duck Pond. |

Between Westport and Fairfield: at the center of the
bridge across Sasco Creek.

Between Fairfield and Bridgeport: a point to be deter-
mined after surveys to be made by Mr. H. G. Scofield, chief
engineer, of Bridgeport.

Between Bridgeport and Stratford: a point whence (1)
the outer beacon bears half way between the brick chimneys
of the Wheeler & Wilson’s sewing-machine factory, (2) the
south (or east) steeple in Stratford bears on a point of

40 SHELL-FISH COMMISSIONERS’ REPORT. [Jan.,

the breakwater distant about fifty feet from its northwest
corner, (3) the North Church spire and South Church spire
in Bridgeport are in range.

Between Stratford and Milford: no point is agreed
upon.

Between Milford and Orange: a point at the center of
the bridge across Oyster River.

Between Orange and New Haven: a point in the com-
missioners’ shore line where it is intersected by the merid-
ian line which passes through that point where the boun-
dary line between New Haven and Orange, as established
by the Superior Court in 1874, touches the line of the
Sound as established by said court the same year.

Between New Haven and East Haven, including the
annex: a point at the center of Morris’ Creek.

Between East Haven and Branford: a point at the mid-
dle of a line drawn across the mouth of Farm River at
high tide.

Between Branford and Guilford: a point at a bound
stone near Hoadley’s Point.

Between Guilford and Madison: a point at the northeast
corner of Munger’s Island fish-house.

Between Madison and Clinton: a rock known as “West
Rock,” in Killingworth harbor.

Between Clinton and Westbrook : a point near the center
of Lewis’ Grove and east of “the ditch.”

Between Westbrook and Old Saybrook: a heap of stones
about half way between Kelsey’s Point and Chapman’s
Point.

Between Old Saybrook and Old Lyme: the center of
Connecticut River.

Between Old Lyme and East Lyme: a point in the
center of a line drawn across the mouth of Four Mile River
at high tide.

Between East Lyme and Waterford: a point at the
center of the draw at the Niantic or Rope Ferry Bridge.

Between Waterford and New London: a point on the
west side of Alewife Brook ata clump of rocks called “Great
Shore Rocks.”

1882. ] SHELL-FISH COMMISSIONERS’ REPORT. 41

Between New London and Groton: the center of the
channel in Thames River.

Between Groton and Stonington: a point at the center
of a line drawn across the mouth of Mystic Harbor at high
tide.

Between Stonington and Rhode Island: the center of
Paweatuck river.

The meridian lines extend from these several points to
the New York boundary line at the middle of the Sound;
and each town has criminal jurisdiction over the whole
area between its meridian lines, and from its south shore
to said boundary line.

The commissioners’ shore line, as established, is shown
in red ink on the map attached to this report, and is par-
ticularly described as follows, viz.:

Commencing at Byram Point, the westernmost limit of
the State at high-water mark, at a rock covered by the
outermost clump of cedars; running thence inastraight line
one and eight-tenths miles across the bays and inlets to a
big white rock at the extremity of a point designated as
Horse Neck Point on the U. S. Coast Survey map, and
otherwise known as Field Point: Thence from said White
Rock at Field Point, in a straight line in an easterly direc-
tion two and three-tenths miles across the waters of the
bay and inlets, to a-large boulder on a point designated on
the U. 8. Coast Survey map as Greenwich Point, other-
wise known as Flat Neck Point; which boulder is situated
southerly of the woods onsaid Flat Neck Point; thence from
said last-named point, following the coast line at high-
water mark seven-tenths of a mile to the extreme southeast
point of said Greenwich Point; thence across the bays and
inlets two and-four-tenths miles to the most southern ex-
tremity of Shippan Point at high-water mark; thence along
Shippan Point at high-water mark four-tenths of a mile to
the southeastern extremity of said point; thence two and
six-tenths miles to the southern extremity of Long Neck
Point, at high-water mark; thence one and four-tenths
miles to Colyer’s Point, which is a point northerly of Fish
Island; thence one and four-tenths miles to Roton Point,

6

42 SHELL-FISH COMMISSIONERS’ REPORT. [Jan.,

otherwise known as Bell Island Point; thence one and
seven-tenths miles to Keyser’s Point; thence one mile to
Calf-pasture Point on the main lands; thence two and five-
tenths miles to Cedar Point; thence one and three-tenths
miles to Sherwood’s Point; thence one and one-tenth
miles to Farm’s Point; thence two and five-tenths miles to
Pine Creek Point; thence one and two-tenths miles to
Shoal Point; thence three and five-tenths miles to the
most southern point on the sea-wall of Seaside Park at
Bridgeport, said point being about south from the center
of Myrtle and Waldemere avenues ; thence three miles to
the southern extremity of Point-no-point; thence one and
seven-tenths miles along the shore at high-water mark to
the southern extremity of Stratford Point, near the light-
house; thence three and seven-tenths miles to the south
side of Charles Island; thence one and two-tenths miles
to Welch’s Point; thence one and one-tenth miles to Pond
Point; thence one and seven-tenths miles to Merwin’s
Point; thence one and one-tenth miles to Oyster River
Point; thence five miles to South End; thence along the
coast at high-water mark one and three-tenths miles to
Johnson’s Point, otherwise known as Darrows Island
Point; thence seven and nine-tenths miles to the center of
a large oval-shaped boulder lying on Hatch’s Rock and
about south of Mr. O. L. Robert’s white barn at Sachem’s
Head; thence eight and four-tenths miles to Black Boy
Point ; thence along the shore at high-water mark three-
tenths of a mile to Hammonassett Point; thence one and
seven-tenths miles to Kelsey’s Point; thence two and three-
tenths miles to Menunketesuck Point; thence three and
nine-tenths miles to Cornfield Point; thence one and one-
tenth miles to Guard House Point; thence five and six-
tenths miles to Hatchett’s Point; thence two and seven-
tenths miles to Black Point; thence along the coast
at high-water mark three-tenths of a mile to the southeast
extremity of Black Point; thence two and four-tenths
miles to Millstone Point; thence one and one-tenth miles
to Magonk Point; thence along the coast at high-water
mark one and seven-tenths miles to Goshen Point; thence

1882.) SHELL-FISH COMMISSIONERS’ REPORT. 43

two and eight-tenths miles to Avery’s Point; thence one
and seven-tenths miles to Bluff Point; thence one and one-
tenth miles to Groton Long Point; thence along the coast
at high-water mark three-tenths of a mile to the southeast-
ern extremity of Groton Long Point; thence five and four-
tenths miles to Stonington or Windmill Point; and thence
two and four-tenths miles to Pawcatuck Point, the eastern
limit of the State.

The straight bee line distance across the State from
Byram Point to Pawtucket Point is ninety-six and one-half
statute miles.

The greatest width of Long Island Sound is from the
“Highlands” in the town of Madison, due south to Jacobs
Point, Long Island, twenty miles. From the Southwest
Ledge light-house off New Haven harbor, due south to the
Tong Island shore it is nineteen miles. From Byram
Point in Greenwich, to Matinicock Point, Long Island, it
is six miles.

From Black Point, East Lyme, to Plum Island, it is six
and three-quarters miles.

The immense area bounded by the shore line on the north
and by the New York boundary line on the south contains
three hundred and thirty-five thousand acres subject to
State jurisdiction. The areas within the bays, harbors,
rivers, and inlets along the shore, bounded by the commis-
sioners’ shore line just described, are subject to the juris-
diction of the towns to which they respectively belong;
and a large part of them are covered with oyster-beds, nat-
ural or artificial, and but little remains there for designa-
tion which can be of any value for oyster cultivation.

Of the 335,000 acres under State jurisdiction, about
15,000 acres are taken up by rocky reefs and islands. The
deepest water in this area is about four miles south of
Chimons Island, off the town of Norwalk, and three-fourths
of a mile north of the State line; it is 195 feet deep; but
one mile further south itis only 20 feet deep. The deepest
water in the whole Sound is under New York jurisdiction;
it is in the Race, near the east side of the Sound, north of

Great Gull Island, and is 312 feet deep.

44 SHELL-FISH COMMISSIONERS’ REPORT. Jat «

Off Cornfield Point, in the town of Saybrook, the water
south of Long Shoal is from 100 to 175 feet deep.

The whole territory west of Norwalk Islands averages
about 60 feet.

From Norwalk Islands to the Connecticut River there
is a strip about 60 miles long by 4 miles wide, that aver-
ages a depth of 42 feet.

South of the town of Stratford there is a plateau, three
and a half miles wide, from north to south, by four miles
long from east to west, where the water is only 20 to 25
feet deep; and the bottom is free from mud.

The depth along the State line near the middle of the
Sound is 90 feet. The average depth over the whole area
named is about 72 feet.

A considerable portion of this immense tract will prob-
ably prove unsuitable for oyster cultivation. Time and
experiment will be necessary to determine how much this
will be.

The water in the south (New York’s) half of the Sound
is much deeper than that in the north (Connecticut's) half;
and the area covered by less than 60 feet is inconsiderable.

Generally the bottom of the Sound follows the slope of
the adjacent shore; where the coast is rugged and elevated
the neighboring water is deep; but where the slope is
eradual and uniform the neighboring water deepens grad-
ually and uniformly. Occasional deep places in the water
have corresponding elevations close by.

All grounds of any considerable exent, under water,
which are found overspread with growing oysters, are gen-
erally called oyster-beds. They are artificial or natural.
Those designed and planted by man are artificial beds; all
others are natural beds, and they are formed by spat from
other beds drifted by winds and tides and deposited upon
a bottom suitable for its adhesion and growth. Bottoms
are made suitable by changes of currents, heavy storms,
ereat freshets, and other natural or accidental causes.

In years gone by, many natural beds of limited area have
been found from time to time in Connecticut waters; but
they were soon despoiled by reckless fishing. A few nat-

1882. ] SHELL-FISH COMMISSIONERS’ REPORT. 45

ural beds however have been preserved, and great quantities
of seed oysters are annually procured from them for plant-
ing on private beds.

The following is a brief description of the principal
natural beds in the Sound, mostly under State jurisdiction.
They have not yet been surveyed by the commissioners, for
want of time. The areas have been approximately ascer-
tained from data gathered from reliable sources in the
neighborhood of the beds, and elsewhere:

Beginning at the west end of the State and going east,
the beds will be found in the following order, viz.:

Portchester Bed: part of this bed is in New York State.
That part which hes within this State begins at Byram
Point and extends tothe north end of Calves Island. Area
300 acres. Depth of water 6 to18 feet. Benjamin Wilmot
and Enoch Marshall claim, each, 15 acres of this bed, and
have buoyed out 64 acres or thereabouts; and the ques-
tion of title is now in litigation.

Captain's Island Bed lies south of Great Captain’s Island.
Area, 200 acres. Depth of water, 5 to 30 feet.

field Point Bed lies south and east of Horse Neck Point.
Area, 200 acres. Depth of water, 7 to 10 feet.

Greenwich Cove Bed is partly in the cove of that name,
and partly south of Elias Point. Area, 100 acres. Depth
of water, 1 to 8 feet.

Greenwich Point Bed is south of Greenwich Point. Area,
300 acres. Depth of water, 50 to 60 feet. William A.
Cummings claims 110 acres of this area.

Gravelly Bar Bed lies northwest of Smith’s Reef, off
Stamford. Area, 50 acres. Depth of water, 9 feet.

Shippan Point and Westcott's Cove Bed lies east of Ship-
pan Point. Area of the northern part, 250 acres. Depth
of water 6 to 14 feet. Area of the part southeast of Ship-
pan Point, about 200 acres, nearly exhausted. Depth of
water, 15 to 20 feet.

Roaton Point and Fish Island Bed lies off Five Mile River
opposite Norwalk, and extends one and one-fourth miles
from Fish Island on the west to Roaton Point on the east;
and is about three-eighths of a mile wide from north to
south. Area, 300 acres. Depth of water, 1 to 14 feet.

46 SHELL-FISH COMMISSIONERS’ REPORT. Jan.,

Ram Island Bay Bed is southwest of Ram Island. Area,
50 acres. Water, 5 feet.

Light House and Old House Bed lies on the west side of
Smith’s Island in Norwalk harbor. Area, 75 to 100 acres.
The south end of the bed is near the light-house. Depth
of water, 9 to 13 feet.

Calf Pasture: Round Beach, south and east; Long
Beach, south and north; Cedar Hammock; Wilson’s Cove ;
and Comstock Island flats—all lie off Norwalk, and prac-
tically constitute one continuous bed extending from Calf
Pasture Island two and ahalf miles to Little Tavern Island,
with an average width of three-eighths of a mile. Area,
about 600 acres. Depth of water, 1 to 6 feet.

Fairfield Bed lies off Southport harbor. Area, 125 acres.
Depth of water 4 to 12 feet.

Fairfield Bar Bed lies south of Fairfield Beach. Area,
200 acres. Depth of water, 3 to 15 feet—nearly used up.

The Dumps Bed es one and one-fourth mile south from
Bridgeport light-house. Area, 100 acres. Depth of water,
21 feet. The-dumping of material, from Bridgeport har-
bor, over this area, formed a bed on which the floating spat
settled and grew into a natural oyster-bed.

The Bridgeport or Stratford Bed lies off Point-no-point. .
Tt is three miles in length by five-eighths of a mile in
width from the shore south. Area, about 1200 acres.
Depth of water at low tide, 18 feet.

Stratford Point Bed No. 1 lies in shore, southwest of
Stratford Point. Area, 50 acres.

Stratford Point Bed No. 2 lies in shore east of Stratford
Point. Area, 75 acres. .

Pompey Bed lies off the south of the bar at the mouth of
the Housatonic River. Area about 350 acres, chiefly within
the town jurisdiction. Greatest depth of water at low tide,
21 feet.

The commissioners have not heard of any natural bed
worthy of note, east of Milford.

The areas above given are low estimates, and aggregate
4,275 acres. It will be safe therefore to assume upon the
most liberal estimate that the natural beds do not exceed
5,000 acres.

1882. ] SHELL-FISH COMMISSIONERS’ REPORT. 47

Since the Ist day of May about 20,000 acres have been
designated by the commissioners, one-half of, which wall
be paid for by the time this report is printed—the sum of
$8,373.19 having been already collected and paid into the
State treasury. The balance will be paid as soon as
deeds can be prepared. 45,000 acres within the State
jurisdiction were designated prior to May 1, 1881.

Of the designations heretofore made about 10,000 acres
are under cultivation, and it needs no prophetic eye to see
that in the near future doubtless this whole cultivable area
will be transformed into flourishing oyster farms, giving
employment to a great number of our people and bringing
vast revenues to the owners.

Of the 45,000 acres spoken of as designated by the towns
before May 1, 1881, the larger portion was designated dur-
ing the short period between the passage of the act of 1881
and it going into effect; and thereby a large sum of money
was diverted from the State Treasury. Many of these
designations were made hastily and imperfectly, and are of
questionable legality. Whether or not Section 8 of the act
of 1881 validated and confirmed them is a serious question,
which the commissioners do not consider within the scope
of their authority to decide. The act was publicly consid-
ered in committee and debated in both branches of the leg-
islature for several weeks; and it was commented upon by
the press; so that its provisions were well known through-
out the State, especially to those who were persoually
interested in oyster cultivation. It was approved April
14, 1881, having been enacted some days before. There
was no special provision in the act as to the time it was to
.go into effect; but by a general act approved the same day
“all public acts, except when otherwise therein specially
provided shall take effect on the first day of May subse-
quent to the adjournment of the General Assembly.”’ The
eround thus designated comprised the greater portion of
the most desirable grounds under State jurisdiction. In
view of these facts, the conclusion is irresistible that the
committee men who made these hasty designations were
not actuated by the highest and best motives; but were

48 SHELL-FISH COMMISSIONERS’ REPORT. [Jan.,

too willing and over-zealous to Jet these grounds slip into
the hands of a few favorites, contrary to the obvious spirit
and intent of the law, and many of them at grossly inade-
quate prices.

The commissioners report the following principal desig-
nations of this class:

April 30, 1881, the oyster committee of Guilford to Wil-
liam P. Hannifan and 224 others, 450 acres exclusive of
mud and other unsuitable bottom, for fifty cents an acre.
Assigned to Henry C. Rowe and recorded at midnight of
the same day. This ground was off the town of Madison,
and contained, by description, 1,000 acres.

April 27, 1881, the same committee of Guilford to Henry
C. Rowe and 175 others, 350 acres, besides soft and other
unsuitable bottom for fifty cents an acre. The signatures
to this application are all in the same handwriting, and the
names in the application do not in all cases agree with
those in the assignment, which was made on the following
day to Henry C. Rowe, and entered to be recorded April
30, 1881.

April 30, 1881, the same Guilford committee to Reuben
L. Fowler and 199 others, 400 acres—the spain! dated
April, 1881, no day being given.

April 28, 1881, the same Guilford committee to H. J.
Lewis and 199 others, 400 acres; application dated — —,
1881.

The same committee to Henry J. Lewis and others—
papers without date, number of acres not specified, but by
description the area is 200 acres. The designation is
signed by the names of the above committee as “Oyster
Ground Committee of Hast Haven.” Papers were record- -
ed April 30, 1881.

April 30, 1881, by the same Guilford committee, a desig-
nation was made which omits the names of the parties to
whom made, the number of acres and the consideration
paid. The area described is 200acres. Onthe back of the
designation it appears to have been assigned by Henry M.
Shannon to N. C. Frink.

The same Guilford committee made a designation omit-

1882. | SHELL-FISH COMMISSIONERS’ REPORT. 49

ting the names of the parties to whom made, the specific
number of acres, the consideration paid, and the date.
The area described is 400 acres, assignment without date,
by Joseph Douglass to Henry J. Lewis. Papers recorded
April 30, 1881.

April 23, 1881, a designation was recorded in Milford,
dated Oct. 25, 1880, made to John Hudson and 155 others,
by whom it was transferred to Henry C. Rowe by assign-
ment dated January 7, 1881, specifies 310 acres exclusive
of bad bottom, but the description includes 580 acres.

April 30, 1881, a designation of 90 acres in Milford to A.
V. Eldridge and 44 others, upon application of the same
date ; assigned the same day to A. VY. Eldridge and recorded

April 28, 1881, a designation of 100 acres in Milford to
John McGregor and 49 others on application dated April
25, 1881; assigned to C. S. Luddington, April 30, 1881, and
the papers were recorded the same day.

April 30, 1881, a designation of 100 acres in Milford to
John A. Wicks and 49 others, on application dated April 26,
1881; assigned to John A. Wicks, April 30, 1881, and pa-
pers recorded the same day.

April 30, 1881, a designation of 100 acres in Milford to
Nelson Frisbie and 49 others, on application dated April
26, 1881, and the papers recorded the same day.

April 30, 1881, a designation of 60 acres in Milford was
made to Charles H. Seeley and 29 others, on application
dated April 27, 1881; assigned to W. D. Mallory, April 30,
1881, and papers recorded the same day.

April 29, 1881, a designation of 350 acres in Milford to
Elijah S. Ball and 174 others, on application dated April
27, 1881. Papers recorded April 30, 1881.

April 15, 1881, a designation of 400 acres in Milford to
Franklin H. Fowler and 199 others, on application dated
April 12,1881. Assignment to Franklin H. Fowler, dated
April 18, 1881, and recorded the next day.

April 23, 1881, a designation of 850 acres in Milford to
Thomas Kane and 124 others, on application dated De-
cember 14, 1880; assignment to Henry C. Rowe, dated

T

50 SHELL-FISH COMMISSIONERS’ REPORT. [Jan.,

April 28,1881. Papers recorded April 30,1881. Although
only 250 acres were designated, the description includes
over 850 acres!

April 29, 1881, a designation of 250 acres in Milford to
W. P. Hannifran and 124 others, on application dated Jan-
uary 28, 1881; assignment to H. C. Rowe, dated June 11,
1881, and recorded the same day. Although it specifies
only 250 acres, the description covers 466 acres.

April 14, 1881, a designation of 80 acres in East Bised
to Charles Weldmore and 39 others, on application dated
July 26, 1880, assignment to Charles K. Wedmore and
Joseph Bohnn, dated April 14, 1881, and recorded same
day.

April 14, 1881, a designation of 40 acres in East Haven
to William McNeil and 19 others, on application dated
July 16, 1880; assignment to McNeil dated April 14, 1881,
and papers recorded the same day.

April 19, 1881, a designation of 20 acres in Hast Haven
to J. and G. H. Smith and 9 others on application dated
March 25, 1881; assignment to J. and G. H. Smith, dated
April 19, 1881, and papers recorded same day.

April 21, 1881, a designation of 150 acres in Hast Haven
to Frank L. Homan and 74 others, on application dated
September 25, 1880; assignment to Frank L. Homan and
John E. Cary, dated April 21, 1881, and recorded the same
day.

April 28, 1881, a designation of 20 acres in East Haven to
J. M. Wynkoop and 9 others, on application dated April
20, 1881; assignment to Ludington and Palmer, dated
April 28, 1881, papers recorded the same day.

April 29, 1881, a designation of 170 acres in East Haven
to P. H. Edgerton and 84 others, on application dated
April 22, 1881; assignment to Henry B. Glahn, dated April
29, 1881, papers recorded the same day.

April 29, 1881, a designation of 97 acres in East Haven
to H. L. Hills and 49 others, on application dated April 19,
1881; assignment to F. B. Robinson and others, dated
April 29, 1881, and papers recorded the same day.

1882.] SHELL-FISH COMMISSIONERS’ REPORT. 51

April 30, 1881, a designation of 215 acres in Hast Haven
to J. N. Buskirk and 107 others, on application dated
March 23, 1881; assignment to George H. Townsend, dated
April 30, 1881; papers recorded the same day.

April 30, 1881, a designation of 130 acres in Hast Haven
to R. A. Palmer and 64 others, on application dated March
23, 1881; assignment dated April 30, 1881, and papers
recorded the same day.

April 28, 1881, a designation of 200 acres in Bridgeport
to Henry C. Rowe and 99 others, on application dated Oct.
27, 1880; assignment to Henry C. Rowe, April 29, 1881,
and papers recorded the same day. Although only 200
acres were specified and paid for, excluding unsuitable
bottom, the description covers over 878 acres !

April 27, 1881, a designation of 50 acres in Bridgeport to
James D. Frary and 24 others, on application dated the
same day; assignment to Wheeler Hawley, dated same day ;
papers recorded June 3, 1881.

April 9, 1881, a designation of 150 acres in Stratford, to
D. P. Rhodes and 64 others, on application dated December
31, 1880. Papers recorded April 30, 1881.

Between April 23 and 30, 1881, designations of a large
number of acres of grounds in Stratford were recorded,
most of which were made within that brief period or very
shortly before. They are described by map letters or
numbers, and aggregate 2,000 acres or more! In fact,
during this period the aggregate number of acres designated
or assigned to one person alone, in the towns of Guilford,
Milford, East Haven, and Bridgeport, according to the
descriptions thereof, is 7,735; of which 2,062 acres, over
26 per cent., are claimed to be unsuitable for oysters, and
so were not paid for. |

Besides the instances above specified, there are large
areas claimed to have been designated by other towns, the
evidences of which are withheld from record; and the com-
missioners have been unable to procure any satisfactory
information about them, except the following:

April 20, 1881, a designation of 200 acres in Greenwich
to one hundred different persons. .

52 SHELL-FISH COMMISSIONERS’ REPORT. [Jan.,

April 30, 1881, a designation of 400 acres in Westport to
Charles W. Bell.

April 16, 1881, a designation of 500 acres in Westport to
H. L. Everett and E. and H. J. Sounds.

In February, 1881, after the act had received the com-
mittee’s approval, 5,000 acres were designated off Westport,
by the town committee.

From the foregoing it will be seen that if the interests
of the State in these grounds had been carefully watched,
from $40,000 to $50,000 might have been saved to the
treasury. Whether this is lost beyond recovery is not so
clear. The commissioners consider that they have dis-
charged their duty to the State in thus calling its attention
to the facts as they appear of record.

And right here the commissioners wish to say that
unless all designations are recorded, the mapping of lots,
which they are required by law to make, cannot be com-
pleted. It is therefore recommended that a law be passed
without delay which shall require all papers, pertaining
to designations heretofore made by town officers, of
grounds within State jurisdiction, to be recorded in the
record books of the Commissioners of Shell-fisheries
within a reasonable time after the passage of the law; and
in default thereof shall permit the commissioners to desig-
nate to others any grounds not designated of record.

Before any sales could be made the commissioners
found it indispensably necessary to obtain maps on which
could be noted all the grounds within the State area, both
those which had been designated and those which might
be designated in the future by the commissioners. There
was no general map of the coast, of proper scale, or of
sufficient accuracy for their purposes and needs, unless
such could be found at Washington. Application was con-
sequently made by the commissioners to the late Capt.
Carlile P. Patterson, Superintendent of the United States
Coast and Geodetic Survey, for copies of maps of the Con-
necticut shore and such publications as might contain in-
formation upon the subject. This application was most

1882. ] SHELL-FISH COMMISSIONERS’ REPORT. 53

courteously and promptly granted; and much valuable aid
has been given to the commissioners in the prosecution
of their work, especially that of surveying and mapping
the oyster-grounds. And a government vessel, the Palin-
urus, under charge of Assistant Gershom Bradford, was
ordered to Long Island Sound, to co-operate with the com-
missioners in such parts of their work as came within the
plans of the coast survey, and which the superintendent
had had in contemplation to do at some future time. By
these generous acts, and similar favors at the hands of
Acting Superintendent J. HE. Hilgard, the work of Engineer
Bogart has been greatly facilitated and much time, labor,
and expense saved, to the commissioners and the State.
The details of the valuable services of Assistant Bradford
will be found in the Engineer’s Report presented herewith.

By the time the commissioners were ready to attend to
applications for grounds, blank forms had been prepared
by Commissioner Pike, which were submitted to Chief
Justice Park, and approved by him as provided by the
third section of the act. Copies of these forms, the appli-
cation, the notice, the grant or deed, and the assignment are
hereto appended.

Record books were also procured and lodged with the
town clerks respectively of the twenty-four shore towns,
for recording grants and assignments. Like books of record
have also been procured for the commissioners’ office,
pursuant to the requirements of the act.

In view of the nature of the preliminary work for con-
structing maps required by the second section of the act,
it has been pushed as rapidly as could be expected; and it
is hoped that the large State map will be completed so far
within the next twelve months as to permit the locating
thereon of such grounds as have been, or may be hereafter,
designated.

As a part of the necessary preliminary work: for the
maps the records of the several towns have been searched
for description and ownership of grounds; and it has been
found that in some instances the papers as recorded are
defective and incomplete, and in others there is no trace

54. SHELL-FISH COMMISSIONERS’ REPORT. [Jan.,

of many obvious changes of ownership since the designa-
tions were recorded.

If order and system are to be established where disorder
and confusion now exist, power should be vested in the
commissioners or in some other tribunal, to investigate
and determine all questions pertaining to oyster grounds
within the commissioners’ jurisdiction ; and to this end
authority should be given to summon parties and witnesses
to be examined on oath touching any inquiry that may
be deemed necessary; any decision made to be subject to
review by the Superior Court. Unless some such method
is adopted, the duties imposed upon the commissioners by
the second section of the act of 1881 cannot be satisfac-
torily discharged.

The subject of “a plan of equitable taxation” has receiy-
ed the attention which its importance demanded. The
views of many, parties who were personally interested in
the oyster industry and of many disinterested persons,
have been asked and carefully considered. Opinions vary
widely. The Oyster Growers’ Association, comprising most
of the prominent men engaged in deep-water cultivation,
have presented a paper to the commissioners, in which it
is claimed: that no tax should be laid for the present on
the State grounds; or if any tax is laid it should be merely
nominal ; that the oyster industry of Connecticut is in ad-
vance of that of any other State; that instead of importing
oysters as they were ten years ago, they are now exporting
them to New York, Rhode Island, Massachusetts, Cali-
fornia, and Europe; that these favorable results are due,
first, to the energy and ability of the oyster growers exer-
cised in laborious and expensive experiments; and sec-
ondly, to the wise policy of the State in thus far omitting
to tax the industry; that they do not ask the State to
expend money annually to raise oysters for them to catch,
as in the case of floating fish, although the industry is
comparatively in its infancy; that it is a serious question
whether the State should not offer bounties rather than
impose taxes; that any tax that would retard the develop-
ment of the business might deprive the State of large

1882. ] SHELL-FISH COMMISSIONERS’ REPORT. 55

revenues in future; that the money received from the sale
of every oyster crop is ultimately taxed in the form of
investments in real or personal property; that the crop,
until sold, is in peril from storms and marine foes, many
of which are yet unknown, and the crop consequently
ought not to be taxed; that it will take from two to three
years of expensive experiment to learn whether the ground
is suitable or not; and it would not be fair to tax any
eround until found available; that the franchise is con-
ditioned upon cultivation within five years, otherwise it
may be forfeited; that at present it is the policy of the
State to refrain from taxing the outside grounds; or if at
all it should be a merely nominal tax—say eleven mills
on an acre.

Another class of oystermen advise that a tax shall be
raised in the form of a license to be paid by every one cul-
tivating State beds, proportionate to the size of the beds.

Another class recommend a tax upon the annual product
of the beds.

A paper signed by 123 oystermen of Norwalk, presented
tothe commissioners, recommends that all the lands should
be subject to a reasonable pro rata tax.

Many other suggestions have been made; but after care-
fully weighing everything brought to their attention, the
commissioners have reached the conclusion that there is
no good reason for departing from the usual methods of
the State in laying and collecting a tax not only upon the
grounds but also upon the oysters growing thereon. An
oyster farm is analagous to a cattle farm. By law, the
land of the latter is taxed on its assessed value, and so
are the cattle, young and old; and they are taxed every
year. No one questions the propriety of the tax; and the
commissioners see no reason why oyster grounds and the
oysters that feed thereon, young and old, should not be
taxed in like manner.

They respectfully submit, therefore, that the grounds
under State control and the products of the grounds
should be annually assessed, and a tax laid on the assessed
value should be made payable on the first day of October

56 SHELL-FISH COMMISSIONERS’ REPORT. [Jan.,

in each year; values to be ascertained from sworn lists
subject to investigation and revision when deemed neces-
sary. Every owner should be required to deliver his list
to some proper officer on or before some day to be deter-
mined; and on failure so to do the said officer should be
authorized to make up such list as he may be able, on
which a double rate of tax should be levied. The annual
rate should not be less than the average rate of the taxes
laid by the shore towns on their real and personal prop-
erty, including general State and county taxes. The burden
thus imposed would then be no greater and no less than
that borne by the oyster lee within town jurisdic-
tion. It is said by the oyster growers that oyster planting
in deep waters is in its infancy; but this is true only in the
sense that there is good prospect of its immense develop-
ment and growth in the immediate future. Oyster grow-
ing in the deep waters of the Sound, beyond the reach of
storms, is no longer an untried or uncertain experiment.
It is an assured success, notwithstanding it may be true
that there is much yet to be found out in the management
and protection of the oyster. To-day no one doubts that
the business is rapidly extending, and that it is exceed-
ingly profitable. Why then should it not bear, like all
other industries of the State, its share of the burdens.
If it is exposed to the perils of gales and water enemies,
as no doubt it is, soare the farming industries of the State
exposed to storms and drouths and destructive insects.
And further, while it is true that the State is not asked to
go to the expense of hatching oysters for the oystermen to
catch, as is the case in respect to floating fish, it should
not be forgotten that the State has generously yielded its
oyster grounds at a merely nominal price to encourage the
business; and it is now incurring large expenses expressly
for the purpose of placing it upon a proper footing, by
surveying and mapping the grounds for the better confir-
mation of the titles and the protection of the property of
the oystermen. More than this, it is not improbable that
the State may yet be asked to hatch oysters for the oyster
men to catch. The day of artificial hatching is approaching,

1882.] SHELL-FISH COMMISSIONERS’ REPORT. 57

and may yet be resorted to in the not infrequent cases of
inexplicable failure of beds carefully prepared to “catch a Oo
set.”

The Oyster Growers’ Association say, as has fae been
shown, that the oyster industry of Connecticut is in ad-
vance of that of any other State. “The cultivation has so
far increased the supply that instead of paying New York
a large amount annually for oysters, as we did ten years
ago, we now export to New York, Rhode Island, Massa-
chusetts, California, and Europe, oysters to a very large
amount every year.” In view of this testimony from the
best informed men in the business, the commissioners have
no apprehension that the proposed tax will retard or in
any way impair its vigorous growth.

Some questions tae been ed to the commission-
ers in respect to the law providing for a year’s residence
before a person can be permitted to take a grant or assign-
ment of oyster grounds. It is believed to be the true
policy of the State to throw open these grounds to any one,
resident or non-resident, who is willing to invest his capital
in making them fruitful. An amendment is therefore rec-
ommended, striking out such provision: and that grants
and assignments be permitted not only to all persons, but
to corporate associations.

It has been the policy of the State en) the earliest
times to leave the management of oyster fisheries to.towns
in whose adjacent waters the oyster beds were situated;
with authority to make rules and regulations for their
proper protection and enjoyment. One of the earliest laws
upon the subject 1 is as follows, viz: “Be it enactéd, ete.,
that any town in this State shall have authority in Town
meeting to make Rules and Ordinances for regulating the
Fisheries of Clams and Oysters, within their respective
limits or the waters and flats to them adjoining and belong-
ing, and for Preservation of the same; and to impose such
Penalties as shall be thought proper by such Towns for
the Breach of such Rules and Ordinances. Provided, That
no such Penalty shall exceed the sum of Five Pounds law- |
ful money.”

8

58 SHELL-FISH COMMISSIONERS’ REPORT. jJan.,

[Acts and Laws of the State of Connecticut in America,
A. D. 1784. ] ;

The policy here indicated was substantially maintained
for two generations. During this period oyster grounds
were treated as common lands, and no one could claim
exclusive right to any portion of them. Hence there was
little or no encouragement for private enterprise in the
cultivation of oysters. But in 1855 the State passed a law
which provided for designations and allotments, by town
committees, of not exceeding two acres of grounds to one
person, for his exclusive use for planting and growing
oysters; it also secured to such person the right of prop-
erty in the products of his grounds. This liberal law, as
might have been anticipated, gave a new impulse to oyster
cultivation in all the shore towns. Lots were immediately
secured, and within a few years thereafter, hundreds of beds
were under careful cultivation, so that the oysters of Con-
necticut were not only abundantly multiplied, but they
were greatly improved in quality.

Other laws were passed by the State from time to time,
as the interests of the industry required, until 1865, when
the oyster laws were revised and greatly improved. The
liberal custom of authorizing towns to designate and allot
two acres of grounds to any one who desired them was
still maintained. The property was made taxable, and its
transfer was wisely regulated. More efficient protection
was given to oyster property, and robbing the beds was
punished with greater severity. And so a system of laws
was gradually built up from the earliest times which was
peculiarly adapted to the needs of the industry.

The last revision was made in 1875, and a copy of the
oyster law with amendments and additions since that time
will be found in the Appendix to this report.

To the wisdom and liberality of State legislation upon
this subject, must be attributed in a great degree, the rapid
expansion of the oyster business. Only one or two laws
seem to have been ill-advised. For example, the following,
passed in 1875: Chap. XXII of the Session Laws: “Sec-
tion 1. That the designation of all places within the nav-

1882. ] SHELL-FISH COMMISSIONERS’ REPORT. 59

igable waters of the State for the purpose of planting and
cultivating oysters in pursuance of the statute law ‘relating
to fisheries of shell-fish in tide waters and rivers’ shall be
valid although the committee or selectmen making such
designation may not have made a written description of
such designation and inclosure, by ranges or otherwise, of
the time ‘of such designation ; and although the application
for such designation, with the designations and desecrip-
tions of the places designated may not have been recorded
as provided by Section Seventh of said law; and although
the owners of said places may have lost their evidences of
title after filing the same with the town clerk as provided
by said law.”

This law was probably pushed through the legislature
for a special purpose, and has been the means whereby
designing men have been enabled to hold oyster grounds
to which they had not a shadow of right, either by desig-
nation, assignment, or possession. |

The following, passed in 1878, Chap. XXIV of the Ses-
sion Laws, is also of questionable propriety: ‘Section 10:
All designations of ground heretofore made for the purpose
of planting and cultivating oysters, and describing the
ground as containing not over two acres, to each applicant,
exclusive of muddy or rocky bottom, or other bad bottom,
or containing other words indicating the exclusion of
ground unfit for planting or cultivating oysters, are hereby
validated and confirmed, although the total quantity of
ground embraced in the designation may be more than two
acres to each applicant; and such desigations hereatter
made shall be valid.”

This law has been the means of enabling persons to get
possession of hundreds of acres of land without paying for
the same, under the false assumption or representation
that it was unsuitable for oyster cultivation.

By the act of 1881, the State for the first time assumed
direct control of the oyster grounds of the Sound. It was
a most useful and timely act—passed, as it was, just as the
native oyster cultivation had received a new impulse and
the boundary line had been established between New

60 SHELL-FISH COMMISSIONERS’ REPORT. [Jan.,

York’ and Connecticut, whereby the limits of the State
grounds for deep-water planting, and the exclusive juris-
diction of the State over them, were permanently estab-
lished.

Under town management, until quite recently, oyster
beds were usually designated in the bays, harbors, rivers,
and other places where the water was not too deep, and
the bottom was not too soft, and where was some shelter
from storms. For many years the attention of Connecti-
cut oystermen was given almost exclusively to grounds
so designated; and the great oyster business of the State
was built up and maintained by the judicious planting and
cultivation of oysters in comparatively shallow waters—
from feur to fourteen feet in depth. A Little more than a
generation ago the oyster business was small. It gave irreg-
ular employment to an insignificant number of persons
along the shore, who depended principally on natural beds
for their supplies. A few beds of southern oysters were
cultivated by persons more enterprising and intelligent
than the majority; but their success was variable, and the
business proved of little account, as compared with its
present magnitude. ‘The few laws for regulating the bus-
iness were generally disregarded; so that with reckless
fishing and indifference to the havoc of the periwinkle and
star-fish, and other water enemies of the oyster, many natu-
ral beds disappeared. As long as the demand was limited,
the oystermen met it by transplanting from natural beds
for growth and fattening on their prepared beds. In time
the supply of the natural beds proved insufficient; and
then resort was had to New York, New Jersey, Maryland,
and Virginia. An immense trade rapidly sprang up with
these States, which was carried on for many years, espe-
cially with Virginia. Many thousands of bushels of oys-
ters were brought into Connecticut for further growing and
fattening for the market. The demand was increased as
the facilities of transportation increased, and the uses of ice
became better known. The trade extended far beyond the
neighborhood, and the oyster finally became a common

1882.] SHELL-FISH COMMISSIONERS’ REPORT. 61

article of food in the remotest towns and villages of the
State.

With this rapid growth of the market, there was an in-
creasing demand for native oysters; which stimulated fur-
ther planting of seed from the natural beds. So that while
the cultivation of Virginia oysters has materially fallen off
that of Connecticut natives has largely increased, and the
latter seem destined to drive all others from the Sound.
Indeed the deep-water planting of native oysters has
proved such a success that the magnitude of the business
in the future cannot easily be estimated.

Oysters are now cultivated to a greater or less extent in
the waters of most of the shore towns; but the great centers
of the business are west of Connecticut river; at New
Haven, Milford, and Norwalk; whence immense quantities,
in the shell and out of the shell, are shipped to all parts of
the United States and to Europe. In quality the native
oysters of Connecticut are not surpassed by any others in
_the market. The Virginia plants, after a few months’
growth in the waters of the shore towns, become so
changed and improved as to be second only to the natives.

From the brief time which has elapsed since the com-
missioners began their work, they have not been able to
obtain complete statistics of the oyster industries of the
State. What effort they have made to this end has not
been so heartily seconded by those interested in the sub-
ject as was naturally expected. Hence they can only give
estimates founded on data much of which is contradictory
and uncertain. From these data it appears that there are
not far from 2,000 men and women immediately engaged in
the various stages of the business, up to the time of ship-
ping the oysters to market. Three-fourths of these are
heads of families. Add to these a large number of men
engaged in transporting, wholesaling, and retailing the
oysters, and those who are engaged in building steamers,
vessels, and boats with all the tools and implements of the
trade; and it will be found that the number dependent on
the industry directly or indirectly probably does not fall
short of three thousand five hundred men, or, if you in-

62 SHELL-FISH COMMISSIONERS’ REPORT. [Jan.,

clude their families, probably 10,000 persons. There are
about 400 sailing vessels and a dozen or more steamers
used in the business. The value of the oysters on the
private beds, and the total amount of capital invested in
the business, can only be guessed at.

The oystermen of Connecticut are divided into two
classes: those whose work is confined to the natural or
public beds, and those who work on their own designated
erounds. The former class is by far the most numerous.
Most of them gather stock from the natural beds to sell to
planters in and out of the State. They go over the beds
in sail-boats, each carrying one or more dredges with which
they collect the oysters. The dredge is a rake about four
feet wide, with a net-bag woven of rope and wire chain
dragging behind it, its mouth kept open by an iron frame,
so that when the oysters are lifted by the rake they pass
over the rake into the bag. The teeth of the rake are
about three inches long and pointed, and are set three
inches apart. From the upper corners of the iron frame
around the mouth of the bag are two iron arms about four
feet long which converge and unite in a ring, to which the
rope is attached by which the dredge is dragged over the
bed. The tension of the rope shows when the bag is full: The
drags vary in weight, being from eighteen pounds to thirty
pounds each, according to the size of the vessel. The oys-
ters are dredged up mixed with oyster-shells,jingles, gravel,
cobbles, star-fish, and other marine creatures. It is labo-
rious work, especially the handling of the dredge on sail-
vessels; as it is drawn in by a windlass operated by hand.
In favorable weather day after day through the season a
hundred vessels may be seen at a time with all sail set and
their dredges out gathering the products of the Bridgeport
bed; and so on all the other natural beds, though in less
numbers. Nosteamers are permitted on the natural beds.
All the oysters so gathered are used for seed—none of them
being large enough for food. They are sold to oyster cul-
tivators, most of them for planting in the waters of this
State.

For many years, as already stated, the oyster men laid

1882. ] SHELL-FISH COMMISSIONERS’ REPORT. 63

down their oysters on beds exclusively in shallow waters,
chiefly in the brackish waters of the harbors and bays.
But these crops were frequently injured by the drill, buried
up in sand by storms, and often destroyed by extreme cold
weather. Gradually grounds were sought in deeper waters
where the chances of disturbance from these causes were
lessened. And now the most approved bottoms are those
under water from twenty to seventy-five feet deep, free
from mud and ledges. The deep-water cultivators proceed
in three different ways to make beds. (1.) The bottom
being properly cleared off, the seed-oysters, mixed with the
eravel, jingles, and other shells just as they are gathered
from the natural beds, are distributed thereon more or less
uniformly, and there left to grow. (2.) Or the bottom is
spread over with clean oyster-snells, just before the spawn-
ing season begins, and brood oysters, twenty-five bushels to
the acre, are distributed over the bed. (3.) Or, if the bed is
in the neighborhood of natural beds, the shelled bed is left
without further preparation to catch the spawn as it is
drifted above it. Sometimes the shells fail to “catch a
set,’ and this makes it necessary to rake over the shells
the following year, or to cover them over with more fresh
shells, for the next spawning. There is always an abun-
dance of spawn in the waters of the Sound, and when a set
is secured an enormous crop is the result. On a private
deep-water bed, during the past summer, the dredge was
drawn at random, in the presence of the commissioners,
and from an ordinary-size shovel-tull there were counted
206 young oysters in excellent condition of the average size
of a quarter of a dollar. As many as a hundred young
oysters have been counted, growing on a medium-sized
oyster-shell.

The beds are carefully tended, and no pains are spared
to kill all the enemies of the oysters found among them.
The star-fish and periwinkle are the most destructive in
deep water. The star-fish breaks the thin ends of the
valves, or, as some say, ejects into the oyster a fluid that
paralyzes it so that it cannot close its valves. He then
protrudes himself out into the shell of the now helpless

64 SHELL-FISH COMMISSIONERS’ REPORT. [Jan.,

oyster and gradually eats him up, even to the very hinges
of the shell—always stretching his elastic body from his
own shell as far as is necessary to accomplish his purpose.
The periwinkle breaks the valves of the oyster between the
operculum and the main shell, andthen eats up the tenant.
The dredge rarely fails to bring up one or more of these
depredators. Sometimes they are found in great numbers,
and as many as aton of star-fish have been caught by
one steamer ina day. By continual vigilance the private
beds are kept comparatively free from them. The larger
proprietors of deep-water beds use steamers for this work,
as also in doing their work of planting, raking over, and
dredging, and they use larger dredges than the sail vessels
can, as they are also worked by steam, at a great saving of
labor and expense. When the oysters have grown on these
beds to a merchantable size they are sometimes sold
directly from the beds; but more frequently they are trans-
planted into brackish or fresh waters, where they are per-
mitted to remain for a short period to freshen and fatten
for market.

To supplement the native supply, oysters of different
erowths are brought from the Chesapeake, and laid down
in suitable beds. During a season they grow rapidly and
improve in flavor. They are generally gathered in the late
fall and winter. Oysters placed on muddy beds grow very
fast, if not suffocated; but they are not of such delicate
flavor. Oysters will take in a good deal of mud and sand
without suffocation; and when such are transplanted to
cleaner beds they readily eject all impurities, and become
as clean as if bred in the deep sea. The choicest beds are
those which have hard, clean bottoms, in deep water, lying
in the direction of the fresh-water currents and in the
neighborhood of spawning communities.

Oysters are commonly supposed to be unfit for food in
May, June, July, and August, because these are their
spawning months. But when it is considered that they
spawn at different times on different beds, and often on the
same bed, and the spawner completes the operation in from
two to four weeks, it is obvious that good, wholesome

1882.] SHELL-FISH COMMISSIONERS’ REPORT. 65

oysters can always be found. Indeed, they are gathered
and sent to market all the year round. But they are in
their best condition and flavor during the months of May,
November, and December. The extreme cold of the winter
months tends to check their feeding, and they grow thin
and poor; so that by spring many of them are so weakened
that the muddy water caused by the spring freshets and
gales easily destroys them. The many, however, that escape
soon recover from the effects of their hibernation, and by
the last of April are in excellent condition.

The trade is generally slack through the summer, and is
brisk during the fall and winter months. Four grades are
recognized by the Connecticut oystermen: “Cullentines,”’
two years and three months old; “Culls,” three years old;
“Boxes,” four to six years old; and “Extras,” five years
old and upwards. The first and second are used princi-
pally for stews, and are sent to market without the shell,
in cans and kegs. The third and fourth are sent out gen-
erally in the shell, in bags, boxes, and barrels. Natives
are in the greatest demand and bring the best prices. The
supply rarely equals the demand. When the stock of na-
tives is exhausted, resort is had to the choice Virginia
plants that havé been a year or more in Connecticut
waters.

The quantity of oysters thus sold by the Connecticut
dealers is enormous; but no satisfactory estimate can be
given, for want of exact information from the dealers, who
are naturally unwilling to disclose their private business
affairs. Before another report is prepared it is hoped that
some plan will be devised whereby this information may
be obtained under some assurance of secrecy that will sat-
isfy the trade. In most other matters of inquiry the com-
missioners have met the most courteous treatment from
both classes of oystermen.

The question of close time upon the natural beds has
received due attention from the commissioners; but before
presenting their views a brief account of the American
oyster may prove instructive and interesting.

There are three varieties of oysterson the Atlantic. The

9

66 SHELL-FISH COMMISSIONERS’ REPORT. [Jan.,

Ostrea Canadensis, or Canadian oyster, abundant about the
Gulf of St. Lawrence; the Ostrea Borealis, or Northern
oyster, found along the New England coast; and the Ostrea
Virginiana, or Southern oyster, crowding Chesapeake Bay
and neighboring waters. These varieties are found in
other than their native waters; and when they grow side
by side, together, their natural differences of form and
flavor almost disappear. ‘They grow faster and larger than
the European oyster, Ostrea Hdulis. The valves of the
former are more expanded and more concave; the fiesh is
much larger and thicker; the adductor muscle is more
tender, and the flavor is richer. The demand for the for-
mer is annually increasing in Europe. The native oysters
of Connecticut, Ostrea Borealis, are in especial favor.

The two shelis or valves of the oyster are hinged to-
gether with an elastic cartilaginous cushion that tends to
throw them open to a limited extent, ordinarily about a
fourth of aninch. The tenant is attached to each valve
solely by means of the adductor muscle, popularly but
erroneously called “the heart.” In the American oyster
this muscle has a slighter hold upon the pearly surface of
the shell than does that of the European species. By
contracting this muscle the valves are closed, overcoming
the resistance of the elastic cushion at the hinge. By re-
laxinge this muscle the elastic cushion is permitted to
expand, and so it opens the valves. As the oyster grows
longer the adductor muscle from time to time changes its
place of union with the shell, slpping, in some unexplain-
ed way, further towards the nibs, or open ends of the valves,
thereby securing a better leverage for its special work.
The successive points of adhesion to the valves can be
readily detected by the crescent-shaped marks on the pur-
ple spots in the shell. The operation of the cushioned
hinge is mechanical; that of the adductor muscle is func-
tional. When the oyster dies the latter becomes relaxed,
and the elastic cushion keeps the valves apart.

The young oyster emerges from the egg with shells par-
tially formed. He enlarges his shells by expanding his pal-
liwm, or mantle, which is his outer fleshy covering, beyond

1882. ] SHELL-FISH COMMISSIONERS’ REPORT. 67

the edges of the shells, and by depositing a glutinous sub-
stance therefrom along the inner surface of the edges of
the shells; at the same time he secretes, from the water,
earbonate of lime, which mixes with the glutinous sub-
stance and hardens fast upon it; thereby forming a new
extension all around it. When oysters are crowded by
each other on the bed or in muddy places, they grow long
and narrow, and their shells are thin and fragile; when
they are free and unclogged, as on hard bottoms, they
grow more rounded and plump, just as might have been
anticipated from this method of increasing their sheils.

The mouth of the oyster is near the hinge, and it opens
directly into its stomach, which is the thick, soft mass be-
tween the hinge and the adductor muscle. The heart is
between this muscle and the stomach; and its beating is
visible to the naked eye. By the opening and closing of
the valves, fresh supplies of water are brought within
reach of the gills, commonly known as “the beard,” and
these, by the constant action of the cilia along their edge,
carry the food to the mouth, where it is sifted of foreign
substances and then taken into the stomach.

The young oyster is easily destroyed; but the mature
oyster is hardy. He suffers no apparent detriment when
transplanted from one latitude to another, or from salt
water to fresh, or from soft bottoms to hard.

Oysters in the rivers, and the shallow, brackish waters
of Connecticut, spawn about the middle of July and con-
tinue until the first of September. In deep waters, where
the temperature is not so high, the spawning is retarded,
beginning later in the summer and ending later in the fall.

The sexual character of the oyster has long been a sub-
ject of dispute, some claiming that it is hermaphrodite,
and:some that it is bi-sexual. The former assert that the
egos are fertilized within the ovaries, and are retained
within the shell, resting between the gills and folds of the
mantle, until they are sufficiently grown, when they are
elected into the water to shift for themselves. However
this may be with European oysters, it certainly is not true
of the American species. After the admirable investiga-

68 SHELL-FISH COMMISSIONERS’ REPORT. [Jan.,

tions of Dr. W. K. Brooks of Johns Hopkins University,
there can be no question that, as regards the Virginia
oysters, and probably all the American oysters, they are
bi-sexual, the fluid of the male being readily distin-
guished from that of the female. The ova, after being
ejected from the female, meets the sperm of the male as it
floats in the water, and is there fecundated. Within two
hours after this union, the young oyster starts on his brief
journey through the water, drifting at the mercy of the
currents. He is microscopic in size, but after two weeks’
buffeting he grows large enough to be seen by the naked
eye.

The brood oyster of the Atlantic coast is enormously pro-
lific; the estimates vary from nine millions to sixty mil-
lions of eggs from a full-sized spawner. The eggs are
smaller than those of the European species, but they are
far more numerous.

A sudden fall of the temperature or a heavy storm
checks spawning, and often kills the spawn; warm, pleasant
weather is favorable to both.

Many European naturalists say that oysters do not spawn
until they are three years old, and then not every year.

How often they spawn cannot be easily determined,
but it is a fact well established that Connecticut yearling
oysters frequently spawn; but the quantity spawned is
much less than that of older oysters.

It is estimated that the larger portion of the ova cast is
lost through failure of fecundation. The rest, the smaller
but more fortunate portion, during their drifting period,
being still exposed to many dangers, dwindle rapidly away.
Many are eaten up by fish and other creatures of the water,
many are drifted into colder currents and are chilled to
death; many fall upon muddy bottoms and are suflocated ;
and many are washed ashore, to be dried up by the sun
and air. When finally the survivors fall upon a suitable
“stool” they adhere to it with great tenacity, and their
chances of life are much improved. But they are not yet
out of danger; as long as their shells are thin and delicate
they afford but little protection against hostile attack.

1882. ] SHELL-FISH COMMISSIONERS’ REPORT. 69

Many are killed by the drill, the star-fish, and the peri-
winkle, and probably other creatures not known. So that
probably not more than one oyster out of a million grows
to maturity—and this is a high estimate. All the dangers
above alluded to are common in shallow waters, but if the
spat chances to set in deep water it escapes the most of
them, though the star-fish and periwinkle war upon the
oyster at all stages of its growth.

The brood oyster continues to eject ova for a period of
about four weeks, the operation being intermittent. On
the natural beds the young are found of such different
sizes that it is probable the spawning season begins earlier
with some than with others, or else spat flows over the bed
from different sources at different times.

Many jingles breed along the shores of the Sound; they
are especially abundant about the harbor of Bridgeport
and that neighborhood. They afford the best materials
that can be found for stools. As they spawna little in ad-
vance of the oyster and grow more rapidly, there is always
anew supply found upon the Bridgeport bed, ready to
catch the new spat.

From what has been said about the nature of the oyster
and its cultivation in Connecticut waters, it will be readily
seen by those who are familiar with oyster cultivation in
other countries that there is lttle in common between
their methods, and but little can be gained by the oyster-
men of this State in studying either English or French
ways. The Connecticut grower has learned his methods
through long years of careful watching and experiment.
His ways are suited to Connecticut waters, and are pecul-
iarly his own. They are different from all others, and are
probably the most economical and profitable yet devised.
He has a good deal yet to learn in order to be sure of two
things which too often now perplex him: First, of catching a
good set upon all his beds; and second, of adequate pro-
tection against marauders under the water and above the
water. Much is yet to be learned of the sources and move-
ments of spat. It is believed by many that the natural
beds are not entirely self-sustaining; that they get their

70 SHELL-FISH COMMISSIONERS’ REPORT. [Jan.,

annual supply of spat mainly from mature oysters spawn-
ing in the rivers and creeks inthe neighborhood. A glance
at the map of the Connecticut coast will show that every
known natural bed now in existence there is in the neigh-
borhood of some river or creek, where oysters are grown;
and whose currents flow towards and pass over the bed;
so that in spawning time the spat is carried out and left
upon the bed in great abundance. It is probable, too,
that inaccessible places among the rocks contain beds of
oysters that yield quantities of spat which also serve to
enrich the natural beds. If the natural beds are left un-
disturbed for a long time, slime settles upon them and the
spat will not adhere. It is often the case that one end of
a natural bed will have a good set while the other adjacent
end catches none. This may be attributed sometimes to
changes of currents that turn away the spat; but oftener
it is due to the slimy condition of the cultch on that end of
the bed that fails. Sometimes with the most careful
preparation an artificial bed will fail of a set; or one end
will fail and another succeed; but no one can tell why.
When the deep-water grounds are all made into oyster-
beds, the waters in spawning time will be so full of spawn
that a failure to catch a set will be rare. In fact, already
some of the deep-water growers claim that their depend-
ence on natural beds for spat or seed becomes less every
year, and that the time rapidly approaches when all the
beds will be self-supporting.

The natural beds are by law public property, and are
free to all. As has already been stated, many natural beds
found in years past have been quickly exhausted in the
general scramble for their treasures. Reckless fishing
seems to have destroyed public beds in all countries. In
France, England, and Scotland, beds which were seemingly
inexhaustible have in a few years become worthless. The
boundless beds of the Chesapeake are beginning to show
sions of depletion from over-working. Large natural beds
in New Jersey and in New York vanished in the same way,
and it is the concurrent testimony of all familiar with the
subject that unrestrained fishing on public beds will in
time work their destruction.

1882. ] SHELL-FISH COMMISSIONERS’ REPORT. 71

It becomes a question of grave consideration, therefore,
whether the natural beds of the Connecticut coast may not
be in danger from excessive or unseasonable fishing; and
whether any statutory regulations are necessary for their
preservation. The commissioners regret to find that there
is a wide difference of opinion upon the subject among
citizens equally familiar with the history and character of
the beds. Some assert that the natural beds, at present
existing on the shore, cannot be destroyed by excessive
fishing; they claim that these beds receive their supply of
spat from neighboring river and harbor beds; and whatever
amount of seed is removed, at any time of the year, the
bed is sure to be amply replenished at the next spawning
season. Others assert that there should be a close time
during the spawning season, and the beds should be work-
ed only after the spat has set. Still others claim that the
beds should be worked only in alternate years, so as to
give the young oysters time to grow. Still others claim
that the perpetuation of the beds ¢an be secured only by
working them just before and during the spawning season,
giving them a period of close time immediately after
spawning has ceased. They say that working over the
beds at the time named stirs up and cleanses the shells
and other materials on the bottom, and so prepares the
cultch for catching and holding the spat. After the season -
of spawning is over, a close time leaves the young cysters
to grow undisturbed until just before the next spawning
season approaches. Then, when the yearlings are remoy-
ed for seed, the cultch is again stirred up and again
cleansed, ready for a new set of spat.

Each of these methods has its advocates, whose practical
knowledge of the beds would entitle their views to great
weight, were it not for the fact that men of equal intelli-
gence contradict their statements and reject their deduc-
tions. In this deplorable diversity, any conclusion that
maybe reached without a more certain and complete
knowledge of the facts must be considered as only approxi-
mately true. The largest and most important of the nat-
ural beds is the one off Bridgeport. The commissioners

72 SHELL-FISH COMMISSIONERS’ REPORT. [Jan.,

have been able to obtain more satisfactory information
about this and its neighboring beds than about those
which are further west. They believe that with this bed
certainly, and with the others probably, the best method
of management is that last above mentioned, saving the
provision for a close time. No one questions the fact
that dredging, scraping, and raking, properly carried on
over the beds, just before and at the time of spawning,
dissipates the slime that accumulates on the beds during
the winter months, turns over and cleanses the cultch, and
fits it for the reception of the floating spat. Where a bed
has not been so stirred up the spat generally fails to set;
and it is a fact of common occurrence, as before stated,
that beds which have been well worked over during the
spring at one end are found covered with spat, while the
neglected end is entirely bare. Articles lost overboard in
the spring and falling upon a neglected bed have been
found shortly afterwards covered with young oysters,
while the cultch brought up with them showed nothing but
slime. Hence the stirring up which the beds get when
dredged for seed, before and during the time of spawning,
is a prime necessity; and any law for a close time during
the entire, or perhaps any, portion of this season would be
evidently unwise. Spawning takes place at different times
in July and August. By the first of September, therefore,
there is no longer any occasion for turning over the cultch.
Spat floats about in great abundance at spawning time,
especially during the last two weeks of August, and it sets
upon the cultch wherever the dredge has recently passed.
So that, notwithstanding that the dredging and spawning
proceed together and a large amount of spat is dredged up
and killed or carried away on the seed and cultch, still at
the end of the spawning season a good set is generally
found all over the bed. It seems therefore as if a close
time might now begin and be continued for a few weeks
at least, for the purpose of giving the young oysters op-
portunity to harden and grow so that they may bear hand-
ling and transplanting without injury. They are barely
visible when five days old; at the end of thirty days they

1882. ] SHELL-FISH COMMISSIONERS’ REPORT. 73

are about the size of a pea; by three months they are as
large as a five-cent piece; by six months they grow as
large as a twenty-five-cent piece, being a little longer than
broad. During the winter months their shelis thicken up,
and when they are a-year old they average about the size
of.a half dollar. At the end of eighteen months they are
three inches long by two inches wide; in two years and
three months, or in three years, they are ready for market.
Now the object of continuing the dredging after the spawn-
ing season ends is not to catch the new set, but to gather
a portion of what still remains of the last year’s seed,
which by this time is, as already stated, as large as a half
dollar, and the oystermen are unanimous in the opinion
that, although large numbers of young spat are taken up
with the seed and cultch during the autumn mouths, the
most of them are saved and transplanted; and the value
of the seed oysters so gathered more than compensates for
the removal or destruction of the young spat, which can be
of little consequence when compared with the immense
numbers left on the beds. Besides, there is virtually a
close time upon the natural beds from November to April.

The winter storms, sometimes as early as October, sweep
sand over the beds, and they are so covered as to render
dredging unprofitable. Many of the young oysters are
suffocated. By spring, however, abundance of oysters
appear upon the surface of the bottom, having grown and
worked their way out, or having been washed out by the
currents. It is this partial burial in cold weather that
protects and perpetuates these beds.

As at present advised upon the subject the commission-
ers hesitate to recommend any change in the law as it now
stands. The foregoing discussion pertains only to natural
beds within the commissioners’ jurisdiction; and not to
those within the control of the towns. The latter are so
numerous, and so different in character and environment
from the deep-water beds and from each other, that uni-
form laws of regulation might work harm rather than good ;
and each town is the proper judge of what is best for its
oyster-beds. The rights of the towns in this respect have

10

74 SHELL-FISH COMMISSIONERS’ REPORT. [Jan.,
.

not been changed by the act of 1881, further than in deter-
mining the southern limit of town jurisdiction.

The law forbids the working of a dredge on the public
beds, weighing more than thirty pounds without the bag.
Until within a few years dredges were drawn only by sail
vessels. About fifteen years ago, Mr. Peter Decker of
Norwalk first introduced steam for this work, and his suc-
cess was so great that others followed his example, and
now a dozen or more steamers are engaged in the business ;
and the number is increasing. The superiority of steam-
ers over sail vessels in all departments of the oyster bus-
iness clearly asserts itself, as in all other industries. For
deep-water cultivation steamers are indispensable. They
save time and labor, and enable the growers to work at
times and in places and ways that no sail vessels would
attempt; and they are destined to become an essential fac-
tor in the future development und extension of the oyster
trade of the State. Most, if not all, of the work on private
beds in the Sound is done by the aid of the steamers. A
medium-sized sail vessel with three men will dredge up
about twenty-five bushels of oysters in a day; while a
medium-sized steamer with only one man more will take
twenty times as many. It has been estimated that twenty-
eight steamers with eighty-four men could do all the
dredging now done by two hundred and twenty-four sail
vessels with six hundred and seventy-two men. The
rapid increase inthe number of steamers naturally alarmed
the sail men, and a controversy arose between them and the
advocates of steam about dredging on public beds, which
was carried into the legislature last year. A hearing was
had before the Committee on Fisheries, and two reports
were made; a majority report, in favor of the steamers, and
a minority report in favor of the sail vessels. The latter
report was adopted by the Assembly, and a law was passed
excluding steamers from all natural beds, but permitting
them on all other grounds. Previous to the passage of
this act a Compromise law, so called, was in force, which
allowed all classes of vessels to dredge upon the Bridge-
port bed and all natural beds to the eastward, but excluded
steamers from all natural beds to the westward.

1882. | SHELL-FISH COMMISSIONERS’ REPORT. (>)

No other restrictions are placed on the oystermen except
against fishing on Sundays and between sunset and sunrise.

Artificial methods for catching spawn have received little
attention from Connecticut oyster growers, except in the
case at Groton hereinafter mentioned. They are followed
in a variety of ways in Europe: clean bushes and faggots
are anchored or hung on chains in the vicinity of spawning
beds, where the prevailing currents will carry the floating
spawn to them. In this way immense quantities are
caught and left to grow until ready for planting. Clean
nen tiles made for the purpose are also placed onand
near the spawners’ grounds to catch the spat, and they
serve better than anything else for thispurpose. Another
method is that of raising.a mound of rocks and gravel,
about the time of spawning, and covering its surface with
ripe brood oysters; around the mound are driven stout
stakes or piles, close together, so that the floating spat
cannot easily escape ; eae thus intercepted, spat adheres
to the stakes and is there left until ready for planting.

On the Poquonock river, near Groton, white birch
bushes are stuck in the river mud, about spawning time,
in fourteen or fifteen feet of water, at low tide. To these
the spat adheres in great quantities. They are left undis-
turbed eighteen months, by which time the set becomes
good-sized seed. On one bush, which was four inches
through at the butt, twenty-five bushels of oysters were
found, seven of which were large enough for market. The
average yield is about five bushels to the bush. The
srounds are so soft and muddy that no other method is
feasible. About fifty acres are under this kind of cultiva-
tion, and the area is rapidly extending. The bushes are
grappled out of the mud by derricks. The oysters are of
excellent flavor and the business is profitable.

By the fourth section of the act of 1881 it is provided
that grants of grounds may be made “for the actual costs
of surveying and mapping of such grounds and the further
consideration of one dollar per acre.” It is impossible,
from the nature of the business, to ascertain in each case
the actual costs of surveying and mapping. Before any lot

16 SHELL-FISH COMMISSIONERS’ REPORT. [Jan.,

could be surveyed and mapped upon the commissioners’
maps and the town maps, a vast deal of expensive prelimi-
nary work had to be done in establishing base lines, in
fixing general land-marks, and ascertaining their relative
distances; and in a great amount of other engineering
work common to the whole area of the State grounds.
The simple act of measuring a lot and drawing its outline
in its proper place on the maps is the final inconsiderable
portion of the necessary work of surveying and mapping
the lot. The actual cost therefore was not easy to deter-
mine; and only the approximate cost could be attempted.
After a careful examination the commissioners concluded
that ten cents an acre was the nearest approximation to
the actual cost that could be made; and they so charged
applicants for grounds. As some objection has been made
to this charge, it is recommended that the law be amended,
establishing this as the proper charge.

It is further recommended that a law be passed com-
pelling the owner of every sail vessel and steamer pursuing
business on the Connecticut oyster grounds to register
its name, tonnage, and home port with the commissioners,
that it may receive a number which shall be conspicuously
painted in black figures at least eighteen inches long and
proportionately wide upon the sail or such other place as
the commissioners may designate. Only by this means
can the oyster fleet be kept under proper control. A large
amount of private property in oysters lies under water,
covering an immense extent of territory—a great portion
in distant and isolated places, far from the shore and the
sreater part of the time unattended and unprotected. The
beds are visibly marked only by buoys set at long inter-
vals, and are not easily identified, except by the owners
and their employees. ew or none can tell whether a ves-
sel at work on a bed is rightfully there; and even when
known to be plundering it is not easy to ascertain who
the crew are before they get beyond reach. If all oyster
vessels are compelled to carry distinguishing numbers
while at work on the oyster grounds, a strange vessel
without a number would be readily recognized and driven

1882. ] SHELL-FISH COMMISSIONERS’ REPORT. 17

away, or if any numbered vessel of the fleet should be
caught working upon a bed unlawfully it would readily be
recognized and informed against. Oyster growers suffer
great losses from plunderers, for the temptation to rake
the beds is great, while the chance of detection is slight.
Any law that will conduce to effective protection ought to
be favored by the State.

In conclusion, the commissioners deem it a proper cause
for congratulation that this great industry is so prosper-
ous; and that henceforth it is to enjoy the especial care
of the State. The law of 1881 is the virtual proclamation
of a new policy—designed in the best interests of all the
people who are engaged in the business. By its liberal
provisions all old titles are confirmed and future titles are
to be made certain by approved legal forms; while all who
wish to embark in the business of oyster culture can secure
grounds at the merely nominal price of one dollar and ten
cents per acre, grounds too that will not fail to yield to
well-directed effort and industry an abundant pecuniary
return. It only remains for the State to supplement this
act with such laws as have been recommended, and such
others as may from time to time hereafter be found neces-
sary—always striving to foster rather than fetter the
growth of the business, and leaving the largest liberty to
the growers in their methods of cultivating their oyster-
beds and gathering their crops.

Of clams and mussels there is but little to be said. The
soft clam, Mya arenaria, abounds in most of the rivers,
harbors, and bays along the coast. They are prolific and
seemingly inexhaustible. The round clam or quohaug, Venus
mercenaria, is also found along the shore, but their beds
are not found in so many places, nor in such abundance.
The mussel, Mytilus edulis, is also found, but not to any con-
siderable extent. It is believed that the beds of the clams
and mussels are all within the areas of town jurisdiction.
So far as inquiries have been made, none are known to
exist south of the commissioners’ shore line.

The following is the financial statement for the seven

months ending with Nov. 30, 1881:

78 SHELL-FISH COMMISSIONERS’ REPORT. { Jan.

Total drafts made upon the State, - - $4,000.00
Total expenses of the office, including rent, fur-
niture, hire of engineers and clerk, and other
expenses, for which proper vouchers have been
approved by the comptroller, - - - 3,581.84
Balance in hand, Nov. 30, 1881, - - $418.16
The pay and expenses drawn by the commissioners are
as follows:
William M. Hudson to Nov. 12, 1881, $452.15
Robert G. Pike to Aug. 2, 1881, - - =) 342089

George N. Woodruff to Sept. 12, 1881, - - $37.20
Total, - - - - - - $1,162.14
Oyster ground sales to Nov. 30, 1881:

Cash received for deeds of 7,001.8 acres of oyster
erounds, - - - - - $7,001.80

Cash received for surveying and mapping for
deeds, delivered and ready for delivery, - 1,367.89
Total cash received, - - - - $8,369.69

Total paid into State Treasury to Noy. 30, 1881, $5,369.69
All of which is respectfully submitted, Nov. 30, 1881.

ROBERT G. PIKE, Commissioners
WILLIAM M. HUDSON, of
GEORGE N. WOODRUFF, ) Shell Fisheries.

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HNGINEER’S REPORT.

To the Commissioners of Shell-Fisheries of the State of Connecticut :

GENTLEMEN: The area which comes within your jurisdiction and
control is three hundred and thirty-five thousand acres, or five
hundred and twenty square miles. It is for this expanse of water
that surveys, maps, and lay-outs:are to be provided of a character
such that any described or deeded portion of it shall be as safe of
tenure and as capable of being buoyed out as a building-lot in a
well-mapped city is safe and capable of definition.

The magnitude of the work is apparent. But the problem is
complicated by the presence of hundreds of existing claims for
ground, the record titles of which, in too many instances, are such
that only the presence of the original purchaser renders their
interpretation possible. The making of surveys adequate to set-
tle the contests constantly in progress as to the limits of the natu-
ral beds is another feature of the work to be done. In some
instances the limits of these beds might be fixed by taking evi-
dence as to what territory is worked on, and, after making a rea-
sonable allowance for extension, consider these limits as those of
the beds. In other instances there are claims close to, or even
alleged infringements upon, the natural beds.

In view of the work before us, it was natural that we should
look to the United States Coast and Geodetic Survey for assist-
ance. The response has been most generous. I was sent to
Washington, and was kindly received by the superintendent, the
late Captain C. P. Patterson. He made various inquiries concern-
ing what was likely to come from the establishment of the Con-
necticut Shell-Fishery Commission, and then sent for maps of the
Sound. He remarked that the work this year must be tentative,
and requested me to leave a memorandum of what we would like
from the Coast Survey office. 1 then had the pleasure of examin-

ai

82 SHELL-FISH COMMISSIONERS’ REPORT. [Jan.,

ing the work done by the Coast Survey upon the oyster beds in
the Chesapeake Bay. I also called upon Prof. J. E. Hilgard, who
has been in charge of the survey since the death of Captain Pat-
terson. Prof. Hilgard has given us the same consideration as his
predecessor. The question as to what sort of buoys the Light-
house Board would permit to be used in the Sound suggested
itself, and I called upon Captain George Dewey, naval secretary.
The case was stated, and I was told that the Board would not be
captious, but that individual cases would receive any needed
attention.

I desire to make mention of courtesies received by me from
Captain C, M. Chester, Hydrographic Inspector, of the Coast and
Geodetic Survey. I would also thank Mr. Edward Goodfellow,
for many courtesies in connection with the discharge of his exec-
utive duties.

It was very desirable that we should have a tracing of the orig-
inal coast-survey map of the Connecticut coast. I therefore drew
up the specifications and left them witha request that an estimate
of the cost of furnishing the tracing should be prepared. These
original maps are nearly all on a scale of one in ten thousand, or
about six and one-third inches to the mile.

The preparation of the estimate for the tracings proved difficult,
as the following extract from a letter of the superintendent will
show: “The details of the estimates are exceedingly laborious, as
every hydrographic and topographical sheet on the various scales
must be handled.” The tracings as furnished are in five sections.
If placed end to end, they would make a map of the state sixty-
four feet in length. They are handsomely colored to make appar-
ent the various hydrographic and topographical features. The
style of execution will serve this office as a model for its maps.

The request as originally made was greatly improved upon by
the addition of numerous indications of the depth of water and
the character of the bottom.

It is a matter for congratulation that these tracings have been
secured.

The question may arise as to what need we have of any maps
other than these. I answer, that a triangulation is necessary in
order to establish the location of reference points to be used as
initial points for the description of deeds, and for the location of
the shore extremity of the town boundary lines, and for the deter-

1882. ] ENGINEER'S REPORT. 83

mination of meridian lines, and for the proper mapping of points
necessary to be determined for use in buoying out the grounds,
and for the survey of existing claims, and for the topographical
survey which is necessary at each of the numerous points of con-
tact of the line of jurisdiction between the state and towns, with
the coast at the high-water line. It is probable that our coast-line
as a whole has not changed much in the past fifty years, but it is
far safer to make at least a short survey at the points of contact
above mentioned. It would be of great advantage to re-map the
entire shore line and locate many of the objects which have come
into existence since 1835. The expense of this work would not
be great.

The points most used in this survey were the Branford Beacon, |

Southwest Ledge lighthouse, the gable of a house on Oyster River
Point, and a chimney on Mr. Thompson’s house at Pond Point.

THE APPLICATIONS.

June Ist, the office was opened, and during this month the ap-
plications came in rapidly. The following is a summary by months.

Number of Area in i) Average
Applications, Acres. Area.
Shines te uly. Wet vars aloe BO 31,263.5 351.3
duly Vite Aug eis ow oe 12 1,438.3 EVS9
Aes toiSepte Wy, <5 0 eso caws 9 S270 203.0
Sept lator@ets Ua fesse ete « 1 320.0 320.0
Oct, WetowNiows, De ssid acs aiere 2 35.0 17.5
Noysl tor Dechy wise os. 6 1,283.2 213.8
etal a hes eae 119 36,167.0
Loss from various sources, 13,160.5

Net area applied for to Dee. 1,

23,006.5

ENUMERATION OF LOSSES FROM VARIOUS CAUSES.

Eight applications, amounting to 2,880 acres, were with-
drawn. ‘These applications were substituted by the

same applicants to the extent of 2,335 acres, - 2,880.0
One application of 100 acres was conditional on failure

to recognize the prior right of the applicant, - - 100.0
One application of 1,000 acres; bad bottom claimed, - 1,000.0

84 SHELL-FISH COMMISSIONERS’ REPORT. [Jan.,

Four applications; area 1,591 acres, claims of previous

occupants respected by the applicants, - - - 1,591.0
Five applications were objected to, - : - - 500.0
Six applications are within the limits of the reserve made

by Stratford Committee, _—_- - - - - 1,065.0
Ten deeds have been canceled from failure of payment.

Area as applied for, - - - - - - 4,780.0

Area applied for not within the jurisdiction of the State, 1,224.5

13,160.5

Deeds have been prepared for thirty-eight applications, aggre-
gating 14,747.8 acres. ‘The area of the applications not yet sur-
veyed is about 5,000 acres. The amount named is indefinite, as a
record search is necessary to discover to what extent our surveys
are complete. A careful investigation leads me to the opinion
that the State will realize on a sale of over 20,000 acres of the
ground already applied for, December Ist.

THE METHOD OF RECEIVING THE APPLICATIONS.

The first work done by the office was to obtain tracings of all
the maps of oyster grounds that came within our knowledge. I
was ably assisted in this matter by Mr. D. C. Sanford. The three
sections of the coast-survey chart were pasted together, and thus a
map of the wholeterritory was found. The scale is small indeed, being
one in 80,000, or about one and a quarter miles to the inch As
fast as tracings were secured, they were reduced to conform to the
scale of the coast-survey map and transferred to it. The applica-
tions were attached by approximate descriptions to these grounds
or if in new territory to recognizable points, and thus we received
and mapped for holding purposes and without serious interference
the one hundred and nineteen applications.

THE PALINURUS.

The presence of the United States Coast and Geodetic survey
schooner Palinurus has been a great help to us. The work per-
formed by her commander has been threefold, namely: determi-
nation of points of general use to the service, investigations of the
methods used in and the existing conditions of the Connecticut

1882. | ENGINEER’S REPORT. 85

oyster industry, and the survey for us of many oyster buoys.
At each of the buoys located a specimen of the bottom was taken,
placed in a bottle and marked. The depth of water was noted,
and also the time. The effect of the presence of the vessel, and
the recognition accorded to us, has been helpful in establishing
confidence, among the oystermen, as to the character of the work
likely to be done by the commission.

The Palinurus arrived in New Haven harbor on July 29th.
She remained until October 4th, when she sailed for Montauk
Point, to locate a rock which was dangerous to navigators. Re-
turning on the 29th, some three weeks were spent at Milford, and
then outside operations were suspended for the winter. It is
greatly to be hoped that the superintendent may permit the work
to be resumed in the spring. The scientific comparisons which
will be deduced, at Washington, from a full investigation of the
oyster industry as carried on in the Chesapeake and in Long
Island Sound, will be of much value. I asked Assistant Bradford
for the triangulation of the Branford Beacon, and also for the
location of the oyster buoys off New Haven harbor. This work
is accomplished.

THE NEW HAVEN HARBOR SURVEY.

The mapping of the oyster claims off the New Haven harbor,
has long been regarded as a very bugbear. An intelligent review
of the records on file at the offices of the town clerks of New
Haven, East Haven, and Orange shows the folly of attempting a
survey based primarily on such records. Ranges are sometimes
taken over reefs. If the reef is of considerable size, then it is
apparent that the range is uncertain. In some instances the desig-
nation appears to depend on the area, and yet it is apparent that
the data for determining that area has never existed. Again
an owner is bounded on all sides by the land of his neighbors, by
name, without further explanation.

I am certain that when the ground has been duly designated
the oystermen can in most instances go exactly to the corners of
their claims as they understand them. That their interpretation
of their claims is the same as the record would produce, is quite
another matter. I mean no disrespect to any of the surveyors
who have made maps of the oyster grounds. Without doubt
some of the records are very good. The work has been done in

86 SHELL-FISH COMMISSIONERS’ REPORT. [Jan.,

a fragmentary manner and for less money than it was worth. I
call to mind an instance in which the recorded length of sides are
admitted to have been guessed at.

It happened in two instances, while I was out on this survey,
that we could not find the buoy wanted. The owners of the
ground were requested to do the best they could, the result in
each instance being that the orginal buoy was discovered under our
boat. It had been broken off and was several feet below the sur-
face. Under these circumstances, I deemed that a settlement
could be most easily arrived at by first having a survey of the
claims as made by the various owners. This survey affords an
accurate basis of comparison of the existing differences. I be-
lieve that in general there has been an honest intent in occupying
the ground claimed.

Care was taken to arrange so that adjacent owners would be
present at the same time, and some differences were quickly ad-
justed. The Messrs. Smith furnished their steamer without ex-
pense to the commission, so far as the surveys related to their
property.

We are indebted to Mr. H. J. Lewis fora like favor. Mr.
Lewis and Mr. I. E. Brown also gave us the use of the steam
launch Mollie, for two weeks, for the actual expense of running.

This little steamer reported alongside of the Palinurus at 6.45
each morning, and those who would go and show their grounds
were made welcome.

The instrument used in locating these buoys was the sextant.
We may have difficulty in securing men who can use this little
instrument. Iam satisfied that we are compelled to adopt it. It
is possible that for some of the locations close along shore we can
use two transits. This may be true also in the vicinity of the
Norwalk islands, but for the off-shore work the sextant must be
used.

The result of our work is, a proper basis has been determined
from which to draw deeds for the applications off New Haven
harbor, and also for a map adjustment of the existing differences
of opinion among some of the owners as to the legal extent of their
ground, I venture to say that the accuracy of the work will not
be questioned. If it is, we can say that the authority is ultimate.

1882. ] ENGINEER’S REPORT. 87

TRANSFERRING THE RECORDS.

We have commenced a systematic transfer from the records, on
file in the offices of the town clerks, of so much of each and every
designation of oyster ground that is within the jurisdiction of the
commission, as relates to the survey and mapping of the same.
We will thus have at hand the vital part of each of these claims.
The transfer is nearly completed for the town of East Haven. It
is important that this be continued with great care, and that the
copy be proof-read by the town clerk. These transfers are needed
as aids in mapping, and also in planning the new survey.

TOWNS WHICH HAVE MAPS.

We are indebted to Mr. H. G. Scofield, civil engineer of Bridge-
port, for a map of the oyster claims off Bridgeport. Mr. William
M. Merwin brought to the office, the day it was opened, a tracing
of the Stratford grounds and also his map of the Milford grounds.
He also tendered to the superintendent of the coast and geodetic
survey, dockage for the schooner Palinurus during the winter,
should the vessel remain.

The maps of Mr. Henry S. Lockwood of Cos Cob furnished us
a large amount of detail. The same is true of the Norwalk maps
of the Hoyt Brothers,

Mr. Charles W. Bell drew for us a map of the western section
of the claims outside of the Norwalk Islands. Mr. George M.
Averill, chairman of the Branford committee, gave me a general
idea of the ground claimed in that town and also drew a plan of
the grounds. We have maps which give at least an idea of most
of the old claims in the towns of Greenwich, Norwalk, Westport,
Fairfield, Bridgeport, Stratford, Milford, Orange, New Haven,
East Haven, Branford, and Guilford.

As yet we have not secured any maps of grounds in Stamford
and Darien. Some of the maps we have obtained are of consider-
able value. while others are of little account. One of the Guil-
ford maps shows pictures of the buildings which are taken as
ranges. The Faulkner’s island lighthouse appears with a swelling
on top that reminds one of the architecture of the orient.

THE MAPS WHICH ACCOMPANY THE REPORT.

In regard to the general map of the oyster grounds of the State,
which accompanies this Report, I would say that much of the

88 ' SHELL-FISH COMMISSIONERS’ REPORT. [Jan.,

detail which appears has been reduced from maps which are on a
large scale. In other words, we have more definite information
about many of the pieces than is indicated by this map. Where
the separate ownerships are so small as to become decidedly dimin-
utive by the great reduction, no attempt has been made to show
them. I do not claim an accurate location of the natural beds.
The Stratford bed conforms to my present idea of its position and
extent. The location of the other natural beds I deduced from a
conversation with Messrs. C. W. Bell, C. W. Hoyt, Martin Prior,
EK. F. Lockwood, and C. J. Nash.

The triangulation sketch speaks for itself.

The town meridian lines will doubtless eb given at length in
your Report, and it will not be necessary for me to say anything
further upon the subject.

THE SURVEY MADE BY THE COMMISSIONERS.

The triangulation and survey made the past season extends from
the Connecticut River to Sachem’s Head, an air-line distance of
twenty miles.

The points which have been located by triangulation are twenty-
four in number. The angles are concluded at four of the stations
which are used in the connected chain of triangles. The signals
erected are from sixteen to twenty-three feet in height. The mast
is in most cases a stick three by four inches in size. The braces,
four in number, and each secured by a four-inch spike, are twelve
feet in length, four inches wide, and two inches thick. An inch
board is driven at the foot of each brace. Thus the signal is made
permanent. Unless they ‘excite the cupidity of the surrounding
inhabitants,” they will stand a long time. The black and white
cambric flags used are six feet long. At each of these points a
five-inch flower pot is buried about eighteen inches below the sur-
face, and a thorough description of the exact triangulated point is
made, from holes drilled in adjacent rocks or boulders, or from
suitable objects which give promise of permanence. For the
underground mark I recommend a suitably-inscribed piece of vitri-
fied earthen ware.

For use in buoying, I recommend that the signais be boarded
up and whitewashed. We thus have a cheap but probably success-
ful sextant point. I ask that you recommend such legislation as
will cause these signals to be duly respected.

1882. ] ENGINEER'S REPORT. 89

The signal at Tuck’s Island is erected on solid rock. Itisa
somewhat difficult place to erect a signal. The braces are sixteen
feet long, the other dimensions being four by six inches.

The survey was made in two sections. The part from Black
Boy point to Sachem’s Head was made first. As we did not have
an instrument suitable for connecting with the coast-survey trian-
gulation, it was necessary to measure a base line, and also to obtain
our own meridian line. The base line is 11,559.81 feet in length.
It was carefully measured with a steel tape, which was held on the
tops of short steel pins. A plumb line was used when necessary.
About 9,000 feet of this line is on a salt marsh. The elevation of
the end points is perhaps thirty and eighty feet. For the meridian
line we made an observation on the north star. On the other sec-
tion we were fortunate in finding two of the coast and geodetic
survey points. This gave us’a direct connection. I respectfully
call your attention to the sketch of the triangulation, which
accompanies this report. In connection with this work we made
surveys of the high-water line near the Highlands, and at Black
Boy point, Hammonassett point, Kelsey point, and Cornfield point.
We established four of the initial points of the meridian division
lines between towns. One of these was directly triangulated.
The other three have triangulation points near by, so that an angle
and a direct steel tape measurement was all that was necessary to
locate them. Of the six points of change in direction of the line
limiting the ground under town control, two are at triangulation
points, and four are close by like points. These surveys enable
me to produce maps of the towns of Madison, Clinton, Westbrook,
and Old Saybrook.

At Tuck’s island, a copper bolt eight inches long and one inch
in diameter is brimstoned flush with the rock and directly beneath
the signal. At Duck island, a granite post, eight inches square
and standing one foot above the surface, is set. The part of the
post above ground is rough dressed, and the letters C. S. F. C. are
cut on the top. These points have been used as initial points
for the descriptions of a number of deeds. A hole drilled near
the center of the large but symmetrical boulder-shaped rock in
Killingworth harbor, and known as West Rock, furnishes another
point from which descriptions of deeds are made. As we could not
find suitable objects from which to hold our point at Kelsey point,
in the town of Clinton, a small granite mere stone has been set.

12

90 SHELL-FISH COMMISSIONERS’ REPORT. [Jan.,

I cheerfully recognize the able manner in which Mr. D. C. San-
ford and Mr. I. J. Osborn have assisted in the survey.

These surveys were all plotted ona scale of 1 in 10,000. A
comparison with the coast-survey tracings evidences the closeness
of our work. The ten cent per acre charge on the ground sold in
this section, to date, does not cover the cost of the surveys. I
realize the necessity of the greatest precision in all the maps from
which data is taken for buoying out these grounds. The time for
making these maps is necessarily deferred until an instrument
suitable to take the few observations necessary to give us a better
meridian basis is obtained. I do not know how close we may be
able to maintain the position of the buoys. They swing around
thirty or forty feet perhaps, but an error of record of that amount
for a strip a thousand feet long is about one acre, and five years
hence that little piece may be worth a thousand dollars.

DUMPING GROUNDS FOR THE MATERIAL DREDGED FROM THE HARBORS.

As a result of an interview with Col. J. W. Barlow, the engineer
in charge of the work done by the War Department in this sec-
tion, a tracing showing the various oyster claims was sent to him
on July 2d.

I have obtained a memorandum of the location of the places
now used for dumping grounds.

THE GENERAL MAP.

Of the $2,500 appropriated for this map, only $873.55 have
been expended, all of which has been for material to be used in
connection with the same. I consider that one general map of all
the grounds of the State would be worthless, except for general
use. The scale would be too small. I therefore recommend a
series of maps on scales consistent with the matter to be shown.
Everything will have to be got at in exact detail, and the informa-
tion already gathered is susceptible of use as may be desirable.

UNCERTAINTY OF THE PRESENT RECORDS AND SURVEYS.

On examining a deed presented at the office, the distances were
given from one corner to three well-known objects. We havea
coast survey map on a large scale, which gives these objects in
their true relative position. I took my beam compasses, and, tak-
ing by scale the distances severally called for, I found that the

8

1882. ] q ENGINEER’S REPORT. 91

distances given were incorrect. Two of the points which should
have been identical were about three-fourths of a mile apart.

At Greenwich we find quite a number of designations depend-
ing on descriptions like the following one: “North by William
Farley; west by range of bunch of bushes on knoll over gate
on land of the late George Ferris, Greenwich point, thence south-
erly five rods on this range. Thence easterly on a line equal with
William Farley’s south line.” The area is two acres.

I do not wish to draw a one-sided picture of the character of
the records. Certain it is that enough gf them will trouble us
unless the owners show their own claims.

The surveys of the past have been quite as good as could be
expected when we consider the limitations under which they were
made. Suffice it to say that many of them fail to meet even the
present requirements. The old plan of each owner hiring his
own surveyor to map his own ground has not proved successful;
nor could perfect work be secured without adequate compensa-
tion. In all cases certain geometrical conditions must be met or
the result will be worthless. The plan of Town Committee work
has its disadvantages. Often a surveyor is employed and told
that but little is needed. Operating in this restricted way, he
produces a map of a small area and then the committee add lot
after lot to this little nucleus. Sometimes the additions are made
from points which sound well determined, but which really may
be quite indefinite. Again, a man applies for a certain number of
acres, and the committee, if they complied with the former law,
went out into the Sound and buoyed out the ground. They re-
turn to the Town clerk’s office and place upon the map what pur-
ports to be the ground just buoyed out. I submit that in most
instances they have not marked in the right place, nor the right
size. Thus accumulations of errors occur which reduce these
maps to mere sketches. I instance two adjacent tracts in Milford;
one is of four hundred acres, the other six hundred acres. They
occupy quite equal space upon the map, Ranges taken on church
spires, lone trees, lighthouses, or prominent buildings are very
good, but even these are subject to change or disappearance.
During the past summer we have essayed to use six of the church
steeples as determined, in 1835, by the coast and geodetic survey.
We found only one of these available. In the case of the other
five, new edifices had been built in locations more or less remote
from the old site. |

92 SHELL-FISH COMMISSIONERS’ REPORT.

[Jan.,

I submit the following summary of expense incurred to Decem-

ber 1st, in connection with the Engineer Department:

Tracings of the Connecticut shore, in five sections, fur-
nished by and paid for to the United States Coast
and Geodetic Survey, - - - - - -

Descriptions and sketches of the triangulation points em-
braced within the above-mentioned maps, - -

Traveling expenses, arranging for material for maps, in-
cluding trip to Washington, - : - - -

D. C. Sanford, for tragings of sundry maps of oyster
claims, in the towns of Greenwich, Norwalk, West-
port, Orange, New Haven, and Hast Haven, - -

Salary chargeable to work on the general maps of the
State, gathering material for the same and prepar-
ing for use, - - - - -

Total, - - = 3 = 4 s

Appropriation for the general map, -
Amount expended to December Ist,

Balance remaining, - = : e

Sachem’s Head, including preliminary maps, -
New Haven, East Haven, and Orange yaaa - -
Milford survey, -. - . - . - -
Salary chargeable to the receiving and MADEINE of ap-

plications, - - - - - - -
Salary chargeable to time spent with the commissioners,
Salary chargeable to maps and other work incident to

the report, - - - - - -
Tools and supplies for field use, - - - 18.37
Supplies for office, - - - : 33.12
Draughting table, 7 & 10 feet, - : - 27.50
Stationery, - - - - - 3.72
Postage and express, - - - - : 13.62
Telegrams, - - : - - - - 2.06
Traveling expenses, with Commissioners, - 13.14
Traveling expenses, business of various kinds, 12.40

General map, - - -

Total expense chargeable to Engineer’s account,

$429.00
20.00

36.70

163.85

224.00

$873.55

$2,500.00
873.55

- $1,626.45
Survey and triangulation from the Connecticut River to.

$810.95
194.51
10.75

100.00
155.00

100.00

$123.93
873.55

—_——

- $2,368.69

1882. ] ENGINEER'S REPORT. 93

I would recommend that the Commissioners ask for an appro-
priation of $1,500 for instruments necessary for the peculiar work
in hand. They are needed now and will always be needed here-
after as long as grounds require to be surveyed. It is not usual
for engineers in doing special work to purchase the instruments
needed for the work.

During the winter I shall be able to produce maps of the follow-
ing towns: Old Saybrook, Westbrook, Clinton, Madison, Hast Ha-
ven, New Haven, Orange, Stratford, Bridgeport, and a part of
Milford. ;

Guilford and Branford are not surveyed. Stratford and Bridge-
port need a triangulation of points for sextant use.

In conclusion, I would say that I early recognized your disposi-
tion to extreme economy, and this has led me to assume certain
risks, which happily have not,proved too great. The four things
necessary to make the surveys a success, are money, men, time,
and appliances. ‘The amount of money requisite will depend
largely on the quality and earnestness of the men employed. The
time required will depend somewhat on the weather. The past
summer, the drought seemed to produce a hazy atmosphere which
delayed the work many days. The appliances should be such as
are adapted to the work. Surveys as extensive as ours are usu-
ally for such uses that it is not necessary to at once arrive at re-
sults. The demand already exists for our work, and this makes
imperative the immediate working up of the notes taken during
the past season. This adds largely to the labor of carrying on
the work.

June Ist, when the office was opened, everything was new to
me. We had only a few of the published maps of the coast sur-
vey. I was limited in making expense and had to give close per-
sonal attention for a considerable time to matters incident to start-
ing so large a survey and business. In view of the above, I am
perhaps justified in saying that a reasonable result has been
achieved.

Respectfully submitted,
J. P. BOGART,
Engineer for Commissioners of Shell-Fisheries.

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FORMS.

APPROVED BY CHIEF JUSTICE PARK.

APPLICATION FOR A GRANT TO THE

COMMISSIONERS OF SHELL FISHERIES OF THE STATE OF
CONNECTICUT.

The application of , a resident of the Town of

, in the County of , and State of Connecti-
cut, respectfully shows: that he has resided in said state more than
one year next preceding the date of this application; that the
grounds hereinafter described are undesignated grounds, and are
not now, and for ten years last passed have not been, natural clam
or oyster beds; and have not been designated according to the
provisions of the act hereinafter described as natural oyster, clam
or mussel beds; that he wishes and intends to use said grounds
for planting and cultivating shell fish: He therefore respectfully
requests that said Commissioners, pursuant to an act entitled “An
Act establishing a State Commission for the Designation of Oyster
Grounds,” passed by the General Assembly of Connecticut at its
January Session, 1881, wiil grant to him, in the name and behalf
of the State of Connecticut, a perpetual franchise for planting and

cultivating shell fish, in acres of ground, located un-
der the waters of Long Island Sound, between the meridian
boundary lines of the town of , in the state aforesaid,

and south of the coast line established by the first section of the
act aforesaid, which grounds are more particularly bounded and
described as follows, to wit:

Dated at , Connecticut, this day of

A.D. 188
Applicant.

96 SHELL-FISH COMMISSIONERS’ REPORT. [Jan.,

NOTICE
Is hereby given, That , a resident of the town of
, in the County of , and State of Con-
necticut on the day of AD Oss ;
at o’clock in the noon, filed his application with the

undersigned, Clerk of the Commissioners of Shell-Fisheries of the
state aforesaid, requesting the said commissioners of shell-fisheries,
in the name and on behalf of the State of Connecticut, pursuant
to an act, entitled “An Act establishing a State Commission for
the Designation of Oyster Grounds,” passed by the General Assem-
bly of Connecticut at its January Session, 1881, to grant to him a
perpetual franchise for planting and cultivating shell-fish in
acres of ground, located under the waters of Long Island
Sound, between the meridian boundary lines of said town of
, in the county of , and state of Con-
necticut; and south of the coast line established by the first section
of said act, and particularly bounded and described as follows, to
wit: .
Dated at , this , day of ;
A.D. 188

Clerk of the Commissioners of Shell Fisheries
of Connecticut.

GRANT OF OysTER ERANCHISE.

Whereas, resident of the State of Connecticut,
pursuant to An Act entitled an Act establishing a State Commis-
sion for the designation of oyster beds, passed by the General
Assembly at its January session, A.D. 1881, ha made application
to the Commissioners of Shell-Fisheries of the State of Connecti-
cut for a grant of a perpetual franchise for planting and cultiva-
ting shell fish in the grounds hereinafter bounded and described,
wherein he represent that he ha _ resided in the State of
Connecticut more than one year next preceding the date of said
application; that the said grounds are undesignated grounds and
are not now, and for ten years last passed have not been, natural
clam or oyster beds, and have not been designated according to
the provisions of the said act as natural oyster, clam, or mussel
beds; that he wish and intend to use said grounds for plant-
ing and cultivating shell fish, which application is dated the
day of , A.D. 188 ; and was filed with the clerk of
said Commissioners on the | day of ep NADE

1882. ] - APPENDIX. 97

188 ,.as appears by the note placed thereon by said clerk; and
whereas, a written notice, stating the name and residence’ of
said applicant , the date of filing the said application, the loca-
tion, area, and description of the grounds applied for, having been
posted by said clerk for twenty days in the office of the town clerk
of the town of within the meridian boundary lines of
which said grounds are located, for all persons to file objections,
if any they have, to the granting of the grounds applied for:

And whereas, no valid objections having been made thereto, and
the area of said grounds not being, in the opinion of the Commis-
sioners, of unreasonable extent, the said grounds having been sur-
veyed, located, and delineated on the map of the Commissioners;
the actual costs of surveying and mapping said grounds, amount-
ing to dollars, and the price of said grounds at one
dollar per acre, amounting to dollars, having been
paid by said applicant to the Commissioners for the benefit of the
State of Connecticut. Now, therefore

Know all men by these presents, That the State of Connecticut,
acting by and through the Commissioners on shell-fisheries, in con-
sideration of the premises and especially for the sum last above
mentioned, duly received from said applicant __, hath given and
granted, and by these presents doth give and grant unto the said ap-
pileant and to i legal representatives forever a perpetual fran-
chise for the planting and cultivation of shell-fish in the
acres of ground applied for, bounded and described as follows,
that is to say:

To have and to hold the same unto the said grantee and
legal representatives, to the only use and behoof of the said
grantee and legal representatives forever:

Provided always, that said grounds have not heretofore been
designated and are not now, and for ten years last passed, have
not been natural clam or oyster beds, and have not been desig-
nated according to the provisions of the said act as natural oyster,
clam, or mussel beds, and provided further that this grant shall
not interfere with any established right of fishing, and that said
grantee shall at once cause the said grounds to be plainly
marked by stakes, buoys, ranges, or monuments, which stakes,
buoys, ranges, or monuments, shall be continued by the said
grantee and legal representatives; and provided further,

13

98 SHELL-FISH COMMISSIONERS’ REPORT. [Jan.,

that the grantee or holder of said grounds shall actually use
and occupy the same for the purposes named in good faith within
five years from the date hereof, and for no other purpose; and
provided further, that this grant is accepted by said grantee ;
subject to all the provisions of the act aforesaid.

In witness whereof, the Commissioners of Shell-Fisheries, in be-
half of the State of Connecticut, by virtue of the authority vested
in them by said act, have hereto set their hands and seals this

day of —~ A.D. 188

Signed, Sealed, and Delivered in Presence of TS
es!
LS:

STATE OF CONNECTICUT,
County or New Haven, tes feo ee

Personally appeared, William M. Hudson, Robert G. Pike, and
George N. Woodruff. Commissioners of Shell-
Fisheries of Connecticut, signers and sealers of the foregoing in-
strument and severally acknowledged the same to be their free act
and deed in behalf of the State of Connecticut and in their own
behalf, before me.

Notary Public.
Justice of the Peace.
Commissioner Superior Court.

ASSIGNMENT OF OYSTER FRANCHISE.

Know all men by these presents, That , of the
town of County of and State of Connec-
ticut, in consideration of the sum of dollars received
to full satisfaction have sold, assigned, and conveyed,
and by these presents do sell, assign, and convey to

, of the town of , and State of Connec-
ticut, all such right, title, and interest as have or ought

to have in and to the perpetual franchise for planting and cultiva-
ting shell-fish in the following described grounds, to wit:

being the same franchise heretofore granted to of the
town of , in the county of , and State of
Connecticut, by the Commissioners of Shell-Fisheries of Conneo-
ticut by grant dated the day of ; A.D: 188 ,

1882. ] 7 APPENDIX. 99

aad recorded in the town clerk’s office of the town of ,
aforesaid in book page , to have and to hold the same
unto the said assignee and legal representatives forever, sub-
ject nevertheless to all the conditions, reservations, stipulations,
and provisions in said grant of said Commissioners contained, and
also of the “ Act entitled An Act establishing a State Commission
for the Designation of Oyster Grounds,” passed by the General
Assembly of Connecticut, at its January Session, 1881.

In witness whereof, have hereto set hand and seal
this day of , A.D. 188
Signed, Sealed, and Delivered in Presence of L.8
L. S$
L.S
StTaTE oF CONNECTICUT, Ls. AD. 188
County oF ' :

Personally appeared,

signer and sealer of the foregoing instrument and acknow
ledged the same to be free act and deed before me.
Notary Public.
Justice of the Peace.
Commissioner Superior Court.
Received for record , 188 , at o’clock. m.
Clerk.

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LAWS RELATING TO FISHERIES.

CHAPTER IV.
Fisheries.
Part IJ. Fisheries in Tide-waters and Rivers.
ARTICLE I. Fisheries for Shell-fish.

Section 1. The selectmen of Hast Haven shall have exclusive
authority to designate, for the planting and cultivation of oysters
thereon, on such conditions as they deem expedient, the navigable
waters included within a boundary line commencing upon the
line of division in Hast Haven river, between East Haven and
Branford, opposite low-water mark, and extending thence south-
erly along the line of division between the navigable waters of
East Haven and Branford, to the intersection of a line so drawn
as to cross the centers of Stony Island and Southwest Ledge;
thence westerly along said last-mentioned line to Southwest Ledge;
thence northwesterly by a direct line to the line of division be-
tween the navigable waters of Hast Haven and Orange; thence
northerly along said last-mentioned line of division to a point west
of the southerly limit of Morris’s Cove; thence easterly by the
shortest line to low water mark, but south of any land already
designated for the planting and cultivation of oysters thereon;
and thence by the line of low-water mark to the place of begin-
ning; and the selectmen of Orange shall have the same authority
to designate, for a like purpose, any portion of the navigable
waters in such town, not occupied by any person under a previous
designation thereof.

Sec. 2. Any other town may appoint a committee of not more
than five electors of such town, to hold office one year, and until
others are chosen in their stead, which shall designate suitable
places in the navigable waters in said town for planting or culti-
vating oysters, elams, or mussels; and the town may fill any
vacancy which shall occur in such committee.

Seo. 3. Any person desiring to plant or cultivate oysters, clams,
er mussels in any such waters, may apply in writing to such com-

102 SHELL-FISH COMMISSIONERS’ REPORT. [Jan.,

mittee or selectmen to designate a suitable place to be used by
him for that purpose, and such committee or selectmen may make
such designation, not exceeding in territory two acres in extent;
and such applicant shall mark and stake out such place, and may
enclose it with buoys or with stakes, set at suitable distances and
distinctly visible above the surface at high water; and said .com-
mittee or selectmen shall make a written description of such
designation and inclosure, by ranges or otherwise, as may be most
convenient, which shall state the time of such designation; and
the money derived from such designations shall be paid to the
town in which the same are made; and designations may be made
to several in common, as well as to individuals.*

Sec. 4. Every person who shall plant or cultivate oysters,
clams, or mussels in any such place shall own them, and have the
exclusive right of taking up and disposing of them, and of using
such place for the purpose of planting or cultivating oysters,
clams, or mussels therein, which shall be transferable by written
assignment; but nothing herein contained shall affect the rights of
any owner of lands in which there may be salt-water creeks or
inlets, or which may be opposite or contiguous to such navigable
waters; nor the existing by-laws of any city, town, or borough;
nor authorize any committee or selectmen to designate, or any
person to mark, stake out, or inclose any natural oyster bed, or
infringe the free navigation of said waters, or interfere with the
drawing of seines in any place established and customarily used
for seine fishing.

Src. 5. Every person who shall apply for and procure any
designation of a place for planting oysters to be made to him for
the purpose of assigning the rights which he may acquire for
profit or speculation shall be fined fifty dollars.

Sec. 6. The designation of all places within the navigable
waters of New Haven harbor or its tributaries which have been
or may be designated to any person for the purpose of planting
or cultivating oysters therein, In pursuance of the provisions of
this chapter, shall be valid, although such places may have been
natural oyster beds, if such designations are in other respects
legal; but such of said places as are between Fort Hale and Long

*A majority of the committee may act, and may act separately. 25
Conn., 17. If the designation be of ground covered by a natural oyster
bed, itis void, 37 Conn., 3822.

i foley 4 Men LAWS RELATING TO FISHERIES. 103

Island Sound, on the east shore of said harbor, or as occupy an
equal distance along the west shore of said harbor, extending
northerly from Long Island Sound, shall be where the water is at
least five and one-half feet deep at ordinary low tide; and nothing
in this chapter shall be so construed as to impair or affect any fish-
ing privileges in said harbor by means of seines and fish pounds.

Sec. 7. The selectmen of each town in which places shall have
been designated in its navigable waters for planting or cultivating
oysters shall provide a book, to be kept by the town clerk, for
recording all applications for such places, together with the written
designation and descriptions of the places designated and set out
thereon, and all assignments of such places; and he shall record
each and minute thereon the day when it was received for record
and the book and page where it was recorded, and make an alpha-
betical index of all such applications, designations, and assign-
ments, specifying the names of the applicants and of the assignors
and assignees, separately; and all attested copies of such applica-
tions, designations, and assignments, with a certificate that they
have been recorded, shall be conclusive evidence of such fact.

Sec. 8. Any owner of such places who shall have lost the evi-
dences of his title, after filing the same with the town clerk, may
apply to the committee of the town in which such places are situ-
ated, and in Hast Haven and Orange to the selectmen, and if he
shall satisfy them that the same justly belongs to him, and that he
had obtained and filed such evidences of title with the town clerk,
and that such evidences have since been lost or destroyed, such
committee or selectmen may designate and set such places to him
anew, notwithstanding he may have acquired title to other places,
though the whole of the places held by him would exceed two
acres in extent; but no new application and designation shall
affect the rights of any other person to the places so designated
and set out or to the oysters thereon; and any person who shall
fraudulently procure any such place to be designated and set to
himself, or to any other person, under the provisions of this sec-
tion, shall be fined not more than three hundred dollars, or impris-
oned not more than six months, or both.

Src. 9. When there shall be more than thirty designations for
planting or cultivating oysters, clams, or mussels in the navigable
waters of any town, its selectmen shall cause a map of such desig-
nations to be made and deposited in the office of the town clerk;

104 SHELL-FISH COMMISSIONERS’ REPORT. . [Jan.,

and the committee or selectmen, who shall thereafter make any
such designation, shall mark the same upon such map.

Sec. 10. When the owner of any land in which there may be
any salt-water creek or inlet shall desire to dam, gate, or lock the
same for an oyster pond, for the cultivation of oysters, he may
make application therefor to the selectmen of the town where
such creek or inlet may be, who shall visit and examine it; and if,
in their cpinion, to dam it will not injure navigation, or deprive
the public of any rights or privileges, shall mark off or set bounds
where a dam may be built, and report their opinion to any meet-
ing of such town; and if the meeting shall approve of the opinion
of said selectmen the owner of said creek or inlet may construct
and maintain such dam, gate, or lock for such purpose during the
pleasure of the General Assembly.

Sec. 11. When any natural oyster bed, or any part thereof, is
designated, inclosed, or staked out contrary to the provisions of
this chapter, the Superior Court, as a court of equity, in the county
in which such oyster bed is situated, upon the petition of any
individual aggrieved, or of the town in which such oyster bed is
situated, against the person claiming the same, and the chairman
of the oyster committee appointed by such town, when such peti-
tion is brought by an individual, shall appoint a committee, who,
having been sworn and given notice to the parties, shall hear such
petition and report the facts thereon to such court; and if it shall
appear that such oyster bed has been improperly staked out the
court may order said committee to remove the stakes inclosing
the same, and costs to be paid at the discretion of the court; but
when oysters have been planted or cultivated or improvements
made, before such petition shall be brought by any person in good
faith, to whom said designations shall have been made, or by any
assignee of such person, the court shall give him a reasonable
time to remove said oysters and improvements.

Sec. 12. The selectmen of Guilford may lease, for not exceed-
ing ten years, all ground of the town in Kast and West rivers
suitable for planting or cultivating oysters to the highest bidders,
at an auction at some public place in said town, notice of the time
and place of which auction shall be given by posting the same on
the sign-post in Guilford, and publishing it in two daily news-
papers published in New Haven six times, commencing at least
two weeks before the auction; but no lease shall be made to any
person of a tract of ground exceeding five acres in extent, nor to

1882.] . |= LAWS RELATING TO FISHERIES. 105

any minor. The leases shall be executed by the selectmen as
deeds of real estate, reserving to said town the rents for such
grounds, and shall be recorded in the oyster records of the town,
and the grounds shall be designated and staked out as other
oyster grounds are; and any such lessee thereof shall, during the
term of his lease, be the owner of all the oysters thereon, but
shall not take any oysters therefrom in the night season, and, if
he do, shall be fined not less than seven nor more than fifty dol-
lars.

Sec. 13. The preceding section shall not take effect unless
approved by a majority of the legal voters of the town.

Src. 14. No person, except the authorized committee or select-
men, shall stake out or enclose any public grounds in navigable
waters for the purpose of planting or cultivating oysters therein.

Sec. 15. Any member of a committee or selectman who shall
designate places for planting or cultivating oysters upon natural
oyster beds or upon other places where it is by law prohibited
shall forfeit not less than twenty-five dollars nor more than two
hundred dollars, half to him who shall sue therefor and half to the
town where the offense is committed.

Src. 16. Any other person than the owner thereof who shall,
in the daytime, unlawfully take and carry away any oysters law-
fully planted or cultivated in any waters shall be fined not exceed-
ing three hundred dollars or imprisoned not exceeding one year;
and if such offense shall be committed in the night season he shall
be fined not exceeding five hundred dollars, or imprisoned in the
common jail or State prison not exceeding one year.

Sec. 17. Every person who shall, from the first day of March
until the first day of November in each year, gather any oysters or
oyster shells in or upon any of the flats, creeks, or banks of the river
Thames, shall forfeit not less than seven dollars nor more than
fifty dollars, half to him who shall prosecute therefor, and half to
the town in which the offense is committed, or be imprisoned in
the workhouse or common jail not exceeding thirty days, or both.

Sec. 18. Every person who shall willfully injure any inclosure
legally designated, marked out, and enclosed, or the oysters
planted or cultivated therein, shall be punished for the first offense
by a fine not exceeding seven dollars, or by imprisonment in a
common jail or workhouse not exceeding thirty days; on a second
conviction, by a fine not less than seven dollars nor more than
twenty dollars, and by imprisonment in a common jail or work.

14

106 SHELLFISH COMMISSIONERS’ REPORT. [Jan.,

house not less than thirty days and not more than ninety days;
and on every subsequent conviction by a fine of fifty dollars, and
by imprisonment in a common jail or workhouse for six months;
and every prosecution for a first or second offense shall be heard
or determined by a justice of the peace.

Sec. 19. If any person shall injure the dams or gates of any
oyster pond in the daytime he shall forfeit not exceeding seven
dollars to him who shall sue for the same, or be confined in the
county jail or workhouse not exceeding thirty days; and if any
person shall do any such injury in the night season he shall forfeit
twenty-five dollars to him who shall sue therefor, or be confined
in the county jail or workhouse not exceeding three months.

Sec. 20. Any person who shall, between sunset and sunrise,
take or collect any shells or shell-fish from any place on the east-
erly side of New Haven harbor, between Fort Hale and Long
Island Sound, designated for planting or cultivating oysters, or
from any portion of the navigable waters, so designated, in East
Haven or Orange, or from any place below high-water mark and
within two miles of the shores of Branford, shall be fined not
exceeding one hundred dellars nor less than seven dollars, or im-
prisoned not exceeding sixty days, or both; and if a fine shall be
imposed half thereof shall be paid to the informer and half to the
town where the offense was committed; provided that this section
shall not apply to the taking of clams off Branford between the
first day of May and the fifteenth day of October.

Src. 21. Every person who shall take or collect any shells or
shell-fish or use spears for taking fish within the boundaries of any
place designated for planting or cultivating oysters within two
miles of the shores of Branford without the permission of the
owner of such place shall be fined not more than one hundred dol-
lars nor less than seven dollars, or imprisoned not exceeding sixty
days; and if a fine be imposed half shall be paid to the informer
and half to the town where the offense is committed.

Sec. 22. Every person who shall take or collect any shells or
shell-fish by means of dredges in that portion of the New Haven
harbor and its adjacent waters, or in the navigable waters of the
town of Hast Haven, west of a line commencing on the line of
division between East Haven and Branford, at the mouth of Farm
river, and running thence southerly to Scotch Cap, and northerly
of a line running from said Scotch Cap westerly to South West
Ledge, and from thence westerly to a point in the low-water mark

1882.] LAWS RELATING TO FISHERIES. 107

of Orange nearest the center of the dwelling-house formerly
known a3 Hines’ Place, or who shall take any shell-fish from Mor-
ris creek in East Haven, except on or adjacent to his own land,
without the consent of the owners of the adjacent land, shall be
fined not less than twenty-five dollars nor more than one hundred
dollars, or imprisoned not exceeding six months, or both; and
half of any such fine shall be to him who shall sue therefor, and
half to the town within whose waters the offense is committed.

Src. 23. All sheriffs, deputy sheriffs, and constables shall, and
any other person may, seize any boat or vessel illegally used in
dredging, with its tackle, apparel, and furniture, wherever found
within one year thereafter, and shall forthwith give notice thereof
to two justices of the peace, or if in New Haven county to any
city court of the county where the seizure was made; which au-
thority shall forthwith order reasonable notice to be given to the
person who was in possession of the property seized, or to the
owner thereof, if known, of the time and place of trial; and shall
at the time appointed determine whether such property was used
contrary to law, and, if found to have been so used, shall order it
to be sold in such: manner as said authority shall direct; and the
avails thereof, after deducting all costs and charges which said
authority may allow, shall be paid half to the person who made
the seizure, and half to the town where the offense was com-
mitted.

Src. 24. , When there shall be found on board any boat or ves.
sel any dredge and shells or shell-fish in the waters described in
the twenty-second section of this article, it shall be prima facie
evidence that said boat or vessel vas used contrary to the provi-
sions of said section.

Seo. 25. Any person on board any such boat or vessel who
shall prevent or obstruct any person from entering and seizing it
shall be fined not exceeding one hundred dollars or imprisoned
not exceeding six months, or both, half of which fine, if a fine be
imposed, shall be paid to the informer and half to the town within
whose waters the offense is committed.

Src. 26. No person shall take, rake, or gather any oysters in
any of the waters of this state, on board of any boat or vessel, for
himself or any employer, unless he and his employer are at the
time and have been for six months next preceding actual inhabi-
tants or residents of this State. :

108 SHELL-FISH COMMISSIONERS’ REPORT. [Jan.,

Sec. 27. Every person who shall take, sell, or have in his pos-
session, with intent to sell or destroy, any lobsters less than ten
inches long, measuring from the head to the end of the tail, exclu-
sive of claws and feelers, shall be fined not less than seven nor
more than fifty dollars, half to be paid to him who shall sue there-
for and half to the town in which the offense is committed, or be
imprisoned not exceeding thirty days, or both.

CHAPTER XXYVI.
Oyster Committees.—Page 182.

The fees of oyster committees shall be for each description of
grounds, designated for planting and cultivating oysters, fifty
cents; for each day occupied in making such designation, one dol-
lar to each member.

CHAPTER II.
Service of Mesne Process, Attachments, and Interests thereby Acquired.
—Page 403.

Sec. 7. Leasehold interests in real estate, oyster lots or beds,
franchises issuing out of real estate, and any interest in buildings
owned by one person on the land of another, may be attached in
the same manner as real estate.

CHAPTER XVI.
Execution.—Page 461.

Sec. 37. Executions may be levied on oyster lots or beds, des-
ignated and allotted to any person pursuant to law, in the same
manner as upon real estate.

Page 457.

Sec. 17. Executions on judgments against a voluntary associa-
tion of individuals, associated for the purpose of cultivating, im-
proving, and protecting oysters, may be levied upon any oyster
lots, or beds, owned by any member or members of any such asso-
ciation, after demand made on such owner or owners; and said
levy shall be proceeded with in all respects as though said lot or
lots, bed or beds, were personal property.

1882. ] LAWS RELATING TO FISHERIES. 109

AMENDMENTS SINCE THE REVISION OF 1875.
CHAPTER XXII.

An Act amending Sections 21 and 22 of Article 1 of Part 1, Chapter IV,
Title 16, of the General Statutes relating to Fisheries.

Be it enacted by the Senate and House of Representutives in General
Assembly convened :

_ Section 1. That section twenty-one of article one, of part one,
of the chapter on fisheries, in the general statutes, be amended by
inserting the words “or Hast Haven,” after the word ‘ Branford,”
in said section.

Sec. 2. That section twenty-two of same act, part, and
chapter, be amended by adding the following “provided, that this
section shall not apply to the act of dredging upon any ground in
the water of East Haven, by the owner thereof, which lies south-
westerly of a line drawn as follows, viz.: starting from the center
of the rock .known as ‘the chimneys,’ and running thence north-
westerly in a straight line to the spindle on the rock known as
‘Quixes ledge,’ and thence northwesterly in a straight line
through the center of the rock known as ‘Adam’s Fall,’ to the
point where it will intersect a straight line drawn from the Light-
house in Hast Haven to Savin’s rock, so called, in the town of
Orange.”

Approved, July 2, 1875,

CHAPTER XXIII.
An Act relating to Fisheries for Shell-fish in Tide-waters and Rivers.

Be it enacted by the Senate and House of Representatives in General
Assembly convened :

Section 1. That the designation of all places within the navi-
gable waters of this state, for the purpose of planting and culti-
vating oysters, in pursuance of the statute law “relating to fish-
eries for shell-fish in tide waters and rivers,” shall be valid
although the committee or selectmen making such designation
may not have made a written description of such designation and
inclosure by ranges or otherwise, of the time of such designation ;
and although the applications for such designation, with the de-
signations and descriptions of the places designated, may not have
been recorded as provided by section seventh of said law; and
although the owners of said places may have lost their evidences

110 SHELL-FISH COMMISSIONERS’ REPORT. [Jan.,

of title after filing the same with the town clerk as provided by
said law.

Sec. 2. This act shall take effect from its passage but shall not
affect any suit now pending.

Approved, July 17, 1875.

CHAPTER XXXIX.
An Act in Relation to Fisheries for Shell-Fish.

Be wt enacted by the Senate and House of Representatives in General

Assembly convened :

Section 1. That title sixteen, chapter four, section twenty-four,
article one, of the general statutes be amended by inserting in the
first line after the word “vessel,” the words “ illegaly used under
the provisions of this chapter ;” also by striking out after the
words ‘shell-fish,” in the second line of said section, the words
‘‘in the waters described in the twenty-second section of this
article,” and inserting in leu thereof the words ‘in any of the
waters of this state ;” also by striking out the word ‘ section,” at
the end of the said section, and inserting in lieu thereof the words
“this chapter.”

Suc. 2. That section twenty-six of said title and chapter be
amended by striking out the word “or,” after the word “rake”
in the first le of said section, and inserting after the word
‘‘oather” in said line, the words “or collect by means of dredges
or otherwise ;” also by inserting after the word “oysters,” in the
first line of said section, the words “shells or shell-fish ;” also by
adding to the end of said section the words ‘and any boat or
vessel so used, with its tackle, apparel, and furniture, may be
seized and proceeded against in the same manner as provided in
section twenty-third of this chapter.”

Sec. 3. This act shall take effect from its passage.

Approved, June 19, 1876.

CHAPTER XXII.

An Act amending Section 6, of Chapter 4, of Article 1, Part 1, Title 16,
of the Revised Statutes of this State relating to Fisheries.

Be it enacted by the Senate and House of Representatives in General
Assembly convened :
That section six, of article one, of part one, of chapter four, of

title sixteen of the revised statutes of this state be amended by

1882.] LAWS RELATING TO FISHERIES. Tei

the insertion of the words: “or within two miles of the mouth of
said harbor,” after the word “tributaries,” in said section.
Approved, June 14, 1876.

CHAPTER XCIII.
An Act in relation to Fisheries.

Be it enacted by the Senate and House of Representatives in General

Assembly convened :

Section 1. Any person who shall injure any inclosure legally
designated and marked out, or oysters planted and cultivated
thereon, by willfully depositing mud on the ground so enclosed,
shall be punished for the offence by a fine not less than one hun-
dred dollars and not more than five hundred dollars; and the boat
or boats from which mud shall be deposited on such oyster ground
shall be liable to seizure, and may be proceeded against in the
same manner as provided in section twenty-three, title sixteen,
chapter four, part one, article one, general statutes, revision of
1875.

Sec. 2. This act shall take effect from its passage, and all acts
inconsistent with this act are hereby repealed.

Approved, March 14, 1877.

CHAPTER XCIV.
An Act amending an Act concerning Fisheries.

Be it enacted by the Senate and House of Representatives in General

Assembly convened :

Section 1. Any town may appoint a committee of not more
than five electors of such town, to hold office one year, and until
others are chosen in their stead, which shall designate suitable
places in the navigable waters in said town (excepting such places
only as the selectmen of such town have exclusive authority
to designate), for planting or cultivating oysters, clams, or mus-
sels, and the town may fill any vacancy which shall occur in such
committee.

Src. 2. All designations of places for planting or cultivating
oysters within the navigable waters of any town, which have
heretofore been made by authority of such town, through its
selectmen or oyster ground committee, are hereby validated and
confirmed.

Sec. 3. Section two of article one, part one, chapter four,
title sixteen of the general statutes, revision of 1875, is hereby

¢

112 SHELL-FISH COMMISSIONERS’ REPORT. [Jan.,

repealed, and all acts and parts of acts inconsistent with this act
are hereby repealed.

Src. 4. This act shall take effect from its passage.

Approved, March 14, 1877.

CHAPTER XCV.
An Act concerning Fisheries.

Be it enacted by the Senate and House of Representatives in General

Assembly convened :

Section one of article one, of part one, chapter four, of title
sixteen of the general statutes (page 213), is hereby amended
by inserting in the last line after the word “ beginning,” these
words: “but the oyster ground committee of said town may
designate for the same purpose any places in the navigable waters
belonging to this state, which lie southerly of that portion of said
line crossing the centers of Stoney Island and Southwest Ledge,
which is between the westerly boundary of Branford and the
westerly boundary of the town of East Haven.”

Approved, March 14, 1877.

CHAPTER CXXVIII.
An Act concerning Fisheries.

Be it enacted by the Senate and House of Lepresentatives in General

Assembly convened :

Section 1. No person shall rake, gather, or collect any shells
or shell-fish upon any oyster ground designated to any person or
persons under the provisions of this chapter, unless said ground
has at each corner thereof a buoy or stake, visible at high water,
with the name or initials of the owner of said ground plainly
marked or painted thereon, or upon a tag attached to the top of
such buoy or stake.

Sec. 2. Section fourteen, title sixteen, chapter four, part one,
article one (page 216), general statutes, is hereby amended by
striking out the word “public” in said section, and by adding
thereto the words: ‘unless such person shall own such ground
under the provisions of this chapter.”

Sec. 3. Section eighteen, of same title, chapter, part, and
article, is hereby amended by inserting after the word “inclosed ”
the words: ‘or remove any buoys or stakes used to mark out any
such oyster ground.”

1882. | LAWS RELATING TO FISHERIES. 1138

Sec. 4. Any person who shall violate the provisions of the
first section of this act, or of the fourteenth section as amended
by the second section of this act, shall be punished in the same
manner as provided in section eighteen, of title sixteen, ies
four, part one, article one of the general statutes.

Src. 5. This act shall take effect from its passage, and all acts
inconsistent with this act are hereby repealed.

Approved, March 20, 1877.

CHAPTER XXVI.
An Act in relation to Fisheries.

Be wt enacted by the Senate and House of Representatives in General

Assembly convened :

Section 1. When oysters have been planted or cultivated on
any ground legally designated and recorded for such purpose,
and there be any doubt as to which of the adjoining towns has
jurisdiction of the same, any offence against the provisions of the
statutes relating to fisheries for shell-fish may be prosecuted in
either of the three towns nearest to the place where the offence
is committed. é

Sec. 2. All designations of grounds in the waters of this
state for the purpose of planting or cultivating oysters, clams, or
mussels, heretofore made, or hereafter to be made, shall be good
and valid, although the applicant therefor may have been a
married woman or a minor at the time of the application.

Approved, March 16, 1878.

CHAPTER LXXXvV.
An Act to Prevent the Taking of Oysters in the Night Season.

Be it enacted by the Senate and House of Representatives in General

Assembly convened :

Any person who shall, between sunset and sunrise, take or
collect any shells or shell-fish from any place in the navigable
waters in this state, shall forfeit for each offence a sum not
exceeding one hundred dollars nor less than fifty dollars, one-half
to him who shall sue therefor and one-half to the town in which
the offence is committed, or by imprisonment not more than sixty
days, or both.

Approved, March 27, 1878.

15

114 SHELL-FISH COMMISSIONERS’ REPORT. Jan.,

CHAPTER C.
An Act relating to Fisheries.

Be it enacted by the Senate and House of Representatives in General

Assembly convened :

That no committee or selectmen of any town shall designate,
and no person shall mark, stake out, or enclose for the cultivation
of oysters, clams, or mussels any natural clam-bed.

Approved, March 27, 1878.

CHAPTER CIV.

An Act relating to taking Seed Oysters from Branford and Farm
Rivers.
Be it enacted by the Senate and House of Representatives in General

Assembly convened :

Section 1. No person shall take or carry away from Bran-
ford or Farm Rivers, so called, any oyster shells or seed oysters
for the purpose of planting the same upon any private bed or
beds.

Src. 2. No person shall take or carry away more than two
bushels of oysters from the aforesaid Branford or Farm rivers in
any one calendar day.

Sec. 3. No person shall use any riddles or tongs for the
purpose of taking clams, oysters, or mussels in the aforesaid rivers
between the first day of May and the first day of September in
each year.

Sec. 4. Any person who shall violate any of the provisious of
this act shall forfeit the sum of fourteen dollars, one-half to the
town wherein the offence is committed, and one-half to such
person or persons as shall give such information as will lead to
conviction under this act.

Sec. 5. Every prosecution for the violation of any of the pro-
visions of this act shall be heard and determined by any justice
of the peace for New Haven county residing in either of the
towns of Branford or East Haven: but the person charged with
any such violation, if he shall be convicted by said justice of the
peace, may appeal from the judgment of such justice of the
peace to the superior court, on giving bond, with surety, accord-
ing to law.

Approved, March 27, 1878.

1882. ] LAWS RELATING TO FISHERIES. 115

CHAPTER XXII.
An Act concerning Fisheries.

Beit enacted by the Senate and House of Representatives in General

Assembly convened :

The oyster-ground committee of the town of New Haven may
designate, for the purpose of planting and cultivating oysters, any
ground covered by the waters of Long Island Sound, which lies
west of the westerly boundary of East Haven and east of a line
parallel with and five hundred yards west of said line, and the
selectmen of Orange may make similar designations of ground,
for the purpose of planting and cultivating oysters in the territory
covered by the waters of Long Island Sound, lying westerly of
said tract, five hundred yards in width, and easterly of a line due
south from Savin Rock; and all designations of oyster ground
heretofore made by said committee, in the tract first described, or
by such selectmen in the tract last above described, are hereby
validated and confirmed. But nothing herein contained shall be
construed to affect the matter of any boundary line between New
Haven and Orange, and prosecutions for the violations of the stat-
utes concerning fisheries, in any part of the whole of such terri-
tory, may be brought in either New Haven or Orange.

Approved, March 13, 1878.

CHAPTER XXIV.
An Act relating to Oyster Lots and Fisheries.

Be it enacted by the Senate and House of Representatives in General

Assembly convened :

Section 1. Section one, part two, chapter six, title eighteen
(page 355) of the general statutes is hereby amended so as to read
as follows:

When the boundaries of lands or of grounds lawfully designa-
ted for the planting or cultivating oysters, clams, or mussels be-
tween adjoining proprietors shall have been lost or become uncer-
tain, and they cannot agree to establish the same, one or more of
them may bring a petition to the superior court for the county in
which such lands or a portion of them are situated; and such court,
as a court of equity, may, upon such petition, order such lost and
uncertain bounds to be erected and established, and may appoint a
committee of not more than three disinterested freeholders, who
shall give notice to all parties interested in said lands or grounds

116 SHELL-FISH COMMISSIONERS’ REPORT. [Jan.,

to appear before them, and having been duly sworn shall inquire
into the facts, and erect and establish such lost and uncertain
bounds, and may employ a surveyor to assist therein, and shall re-
port the facts and their doings to the court; and if said court shall
find said parties were duly notified, it may confirm said doings,
and certified copies of said report and decree shall be recorded in
the records of the town in which said lands are, or in which the
designations of said grounds for planting or cultivating oysters,
clams, or mussels are recorded, and the bounds so erected and es-
tablished shall be the bounds between said proprietors.

Sec. 2. Section four, article one, part one, chapter four, title
sixteen of the general statutes (page 214) is hereby amended, so
that in place of so much thereof as commences with the words
‘‘every person’ in the first line thereof, and extends to the words
‘written assignment ” in the fifth line thereof, it shall read as fol-
lows:

Every person who shall plant or cultivate oysters, clams, or mus-
sels in any such place shall own them, and also all other oysters,
clams, or mussels on such place, and have the exclusive right of
taking up and disposing of them, and of using such place for the
purpose of planting or cultivating oysters, clams, or mussels therein,
which shall be transferable by written assignment.

Sec. 3. So much of section seventh, article first, part first, chap-
ter fourth, title sixteenth of the general statutes (page 215) as com-
mences with the words ‘‘and all attested copies,” in the third line
from the last line, and extends to the close of said section, is here-
by amended so as to read as follows :

And all attested copies of such applications, designations, and
assignments, with a certificate that they have been recorded, shall
be conclusive evidence of the fact of such record and primé facie
evidence of the validity of such application, designation, and as-
signment.

Sec. 4. Section fifteen, article one, part one, chapter four, title
sixteen of the general statutes (page 216) is hereby amended so as
to read as follows :

Any member of a committee or selectman (except of the towns
of Orange, New Haven, and Hast Haven), who shall designate
places for planting or cultivating oysters upon natural oyster beds,
and any committee or selectman who shall make such designation
upon any places where it is by law prohibited, shall forfeit not less
than twenty-five dollars, nor more than two hundred dollars, half

1882. ] LAWS RELATING TO FISHERIES. ay

to him who shall sue therefor, and half to the town where the of-
fence is committed.

Src. 5. Section sixteen, article one, part one, chapter four, title
sixteen of the general statutes (page 216) is hereby amended so as
to read as follows :

Any other person than the owner thereof who shall, in the day
time, unlawfully take and carry away any oysters lawfully planted
or cultivated in any waters, or any oysters being on any place duly
designated for the planting or cultivating of oysters, shall be fined
not exceeding three hundred dollars, or imprisoned not exceeding
one year; and if such offence shall be committed in the night sea-
son he shall be fined not exceeding five hundred dollars, or im-
prisoned in the common jail or state prison not exceeding one
year.

Sec. 6. Section eighteen, article one, part one, chapter four,
title sixteen of the general statutes (page 216-7) is hereby amended,
so that, with amendment thereto passed in 1877, it shall read as
follows :

Every person who shall willfully injure any inclosure legally des-
ignated, marked out and inclosed (or remove any buoys or stakes
used to mark out any such oyster ground, or injure the oysters
planted or cultivated therein, or who shall take any shells from
such inclosure), shall be punished for the first offence by a fine
not exceeding seven dollars or by imprisonment in a common jail
or work-house not exceeding thirty days: on a second conviction,
by a fine not less than seven dollars, nor more than twenty dollars,
and by imprisonment in a common jail or work-house not less than
thirty days, and not more than ninety days, and on every subse-
quent conviction by a fine of fifty dollars and by imprisonment in
a common jail or work-house for six months; and every prosecu-
tion for a first or second offence shall be heard and determined
by a justice of the peace (with the right of the accused to appeal
to the superior court as in other criminal causes).

Sec. 7. Section twenty, article one, part one, chapter four, title
sixteen of the general stautes (page 217) is hereby amended so as
to read as follows :

Any person who shall between sunset and sunrise take or col-
lect any shells or shell-fish from any place in the waters of New
Haven harbor, or its tributaries, or within two miles from the
mouth of said harbor, or within two miles from the shore of Hast
Haven, lawfully designated for the planting or cultivating oysters,

118 SHELL-FISH COMMISSIONERS’ REPORT. [Jan.,

or from any place below high-water mark and within two miles of
the shores of Branford, shall be fined not exceeding one hundred
dollars nor less than seven dollars, or imprisoned not exceeding
sixty days, or both; and if. fine shall be imposed half thereof
shall be paid to the informer, and half to the town where the of-
fence was committed: provided, that this section shall not apply to
the taking of clams off Branford between the first day of May and
the fifteenth day of October.

Sec. 8. All applications and designations of ground in the wa-
ters of this state, for the purpose of planting or cultivating oysters,
heretofore made and granted, shall be good and valid, although
such application may have been made for the purpose of transfer-
ring the right of planting or cultivating oysters on the ground ap-
plied for, and allsuch transfers are hereby validated and confirmed.

Sec. 9. All applications and designations of ground in the wa-
ters of this state heretofore made for the purpose of planting oys-
ters thereon shall be also valid for the purpose of cultivating oys-
ters thereon.

Sec. 10. All designations of ground heretofore made for the
purpose of planting or cultivating oysters, and describing the
ground as containing not over two acres, to each applicant, exclu-
sive of muddy or rocky bottom, or other bad bottom, or contain-
ing other words indicating the exclusion of ground unfit for plant-
ing or cultivating oysters, are hereby validated and confirmed, al- —
though the total quantity of ground embraced in the designation
may be more than two acres to each applicant; and such designa-
tions hereafter made shall be valid.

Approved, March 27, 1878.

CHAPTER XCIX.

An Act to amend an Act relating to taking Seed Oysters from Branford
and Farm Rivers.
Beit enacted by the Senate and House of Representatives in General

Assembly convened :

Srction three, chapter one hundred and four (page 328), of the
laws of 1878 is hereby amended so as to read as follows:
‘«‘Srction 3. No person shall use tongs in taking oysters from the
aforesaid rivers between the first day of April and the first day of
October.”

Approved, March 28, 1879.

1882. ] LAWS RELATING TO FISHERIfs. 119

CHAPTER LXXXIV.
An Act concerning Oyster Ground Committees.
Be it enacted by the Senate and House of Representatives in General

Assembly convened :

Section 1. No oyster ground committee or selectmen shall -
grant any designation of ground for the planting or cultivation of
oysters, until the applicant for such ground shall have shown
them a certificate from the town clerk that the ground has not
been previously designated, and that such ground is within the
limits allotted by law for designation by such committee or select-
men ; and a receipt from the town treasurer, acknowledging that
the money for such designation (after the amount has been
determined by such committee or selectmen) has been deposited
with him, pending the action of the committee or selectmen.

Sec. 2. Town clerks may grant such certificates as described
in the preceding section, upon satisfactory proof of such facts,
by maps and examination of the law and records.

Sec. 3. Town treasurers may receive ‘such moneys and give
such receipts as described in the first section of this act, and if the
designation is granted, may retain the money for the use of the
town ; but if the application is denied they shall, on demand of
the applicant, refund such payment.

Sec. 4. Any member of any oyster ground committee, or any
selectman who shall violate the provisions of this act, shall be
fined the sum of fifty dollars ; one-half to the town, and one-half
to him who shall prosecute therefor.

Sec. 5. Chapter ninety-five, public acts of 1877, is hereby
amended by adding the following words :

“Src. 2. All designations heretofore made by the oyster ground
committee of the town of Hast Haven, between the westerly
boundary of the town of Hast Haven and a line drawn due south
from the center of the mouth of Hast Haven river, are hereby
validated and confirmed.”

Sec. 6. The provisions of chapter twenty-four, public acts of
1878, shall apply to all designations of oyster grounds heretofore
made.

Src. 7. Sections nineteen and twenty, chapter eight, title six-
teen (page 252), of the general statutes, are hereby amended to
read as follows :

“Sec. 19. Every person who shall deposit or assist in depositing
any substance, except oyster shells, in New Haven harbor, or off its

120 SHELB-FISH COMMISSIONERS’ REPORT. [Jan.,

mouth, within two miles of Southwest Ledge lighthouse, or in
Bridgeport harbor, or off its mouth, within three hundred feet out-
side of the outer barso called; or in the waters adjacent to said
harbor below Yellow and Old Mill bridges; or any substance
except oyster shells in Stamford harbor, or off its mouth, inside
of a direct line drawn from Captain’s Island light, off Greenwich,
to the buoy on Old Cow reef off Shippan Point, shall be fined not
less than fifty dollars nor more than five hundred dollars, or
imprisoned not exceeding six months, or both; but this section
shall not prevent the owners of land adjacent to said harbors
from building wharves therein.

“Src. 20. The City Court of New Haven and any Justice of
the Peace in the towns of New Haven and East Haven shall .
have cognizance of all complaints for violation of the preceding
section in New Haven harbor, or vicinity; and the City Court
of Bridgeport, and any Justice of the Peace in the towns of
Bridgeport and Stratford, shall have cognizance of all complaints
for violation thereof in Bridgeport harbor, and any Justice of
the Peace in the town of Stratford shall have cognizance of all
complaints for any violation thereof in Stamford harbor.

Sec. 8. Any person who shall violate the provisions of section
fourteen, chapter four, title sixteen, (page 216,) general statutes,
shall pay a fine of not more than fifty dollars.

Approved, March 28, 1879.

CHAPTER LXXXYV.
An Act to prohibit the Dredging for Shell-fish by Steam.

Be it enacted by the Senateand House of Representatives in General
Assembly convened :

Section 1. It shall not be lawful for any person to dredge on
what is known as natural ground for oysters, oyster seed, clams,
or other shell-fish, in any bay, river, or other waters within the
limits or boundaries of this state, with dredges or any other con-
trivances dragged or towed over the ground by steam power,
except fora period not exceeding two days in each week during
the year.

Sec. 2. Any person convicted of a violation of the foregoing
section shall be deemed guilty of a misdemeanor, and shall be
punished, in the discretion of the court, by a fine not to exceed
the sum of one hundred dollars, or imprisonment in the county

1882. ] LAWS RELATING TO FISHERIES. 121

jail or workhouse not to exceed six months, or by both such fine
and imprisonment.

Sec. 3. Prosecutions under this act may be heard [and] deter-
mined by a justice of the peace, subject to an appeal by the
accused to the superior court, as in other criminal causes.

Approved, March 28, 1879.

CHAPTER LXX.
An Act in alteration of an Act relating to Oyster Lots and Fisheries.

Be it enacted by the Senate and House of Representatives in General

Assembly convened :

Section 1. That section one, chapter twenty-four, acts of 1878,
is hereby amended so as to read as follows: When tke boundaries
of lands or grounds lawfully designated for the planting or culti-
vation of oysters, clams, or mussels, between adjoining proprietors,
shall have been lost or become uncertain, or when the committee
authorized to stake out such lands or grounds have, in the designa-
tions or descriptions thereof, described such boundaries so as not
to agree with or correctly locate the boundaries actually fixed by
them, and such adjoining proprietors can not agree to establish the
same, one or more of them may bring a petition to the superior
court for the county in which such lands or grounds, or a portion
of them, are situated, and such court, as a court of equity, may,
upon such petition, order such lost and uncertain bounds to be
erected and established, and may ascertain where said committee
originally fixed the boundaries between said adjoining proprietors,
and reéstablish and re-locate the same, and may hear parol testi-
mony for that purpose, and may appoint a committee of not more
than three disinterested freeholders, who shall give notice to all
parties interested, as the same shall appear in said lands or grounds,
to appear before them, and having been duly sworn shall inquire
into the facts and erect and establish such lost and uncertain
bounds, and ascertain the true line between said adjoining propri-
etors, and reéstablish and re-locate the same where said original
committee marked and placed the same, and may employ a sur:
veyor to assist them if necessary; and said committee shall report
the facts they find to be true relating to such matters, and the
original designations and descriptions of said lands and grounds,
and of all their doings in the premises to the court; and if said
court shall find said parties were duly notified it may confirm said

16

122 SHELL-FISH COMMISSIONERS’ REPORT. [Jan.,

doings, and by its decree fix and locate said boundary lines between
said adjoining proprietors, and certified copies of said report and
decree shall be recorded in the oyster records of the town in
which said lands are, or in which said original designations of said
grounds are recorded, and the lines and bounds so erected and
established shall be the bounds and lines between said adjoining
proprietors.

Sec. 2. The preceding section shall not apply to any designation
of oyster ground which contains therein a map thereof, or which
refers therein to such map lodged on file in the town clerk’s office.

Src. 3. In such cases as described in section two, if the own-
ers of the adjoining ground do not agree as to the location of the
line fixed by such maps and records, or if the boundary between
such owners is a town boundary, and they disagree as to the same,
one or more of such owners may apply to any judge of the supe-
rior court of the county in which the town is situated, where
either of the designations is recorded, and such judge, after giving
six days’ notice to the parties interested, shall appoint a surveyor,
who shall take such map or maps and lay out and survey such
lines according to such maps, and in case of a town boundary
being in question he shall locate such boundary by maps or records
in the custody of the town clerks of such towns, of such bounda-
ries or of perambulations thereof. All the lines which he shall so
locate shaJl be marked by stakes or buoys, and he may employ
needed assistance in his proceedings, and shall make report cf all
his doings to the judge, who shall, if approved, cause the same to
be recorded in the towns where any of the grounds are situated,
on the oyster ground records; and if he shall not approve of such
report he shall appoint another surveyor, who shall proceed in the
same manner as hereinbefore described. The line so established
shall thereafter be the true dividing line between such grounds.
The costs of such proceedings shall be equally divided among the
adjoining owners. e

Approved, March 28, 1879.

CHAPTER LXXXVI.
An Act Regulating the Dredging for Shell-fish by Steam Power.
Be it enacted by the Senate and House of Representatives in General
Assembly convened :
Section 1. It shall not be lawful for any person or persons to
use a boat, or any other contrivance propelled by steam, in dredg-

1882. ] LAWS RELATING TO FISHERIES. 123

ing for oysters, clams, or other shell-fish, in the waters along the
coast of this state northerly or northwesterly of a line commenc-
ing at Penfield lighthouse, and running thence in a straight line
westerly to a government buoy known as Cawkeen buoy, situated
about one mile southeasterly from Cawkeen island; thence contin-
uing in a straight line in a westerly direction to the southwest
point of what is known as Smith’s island; thence continuing in a
straight line in a westerly direction to Long Neck point; thence
continuing in a straight line in a westerly direction to Cow buoy,
situated about three-fourths of a mile south of Shippan point; thence
continuing in a straight line in a westerly direction to Greenwich
point; thence continuing in a westerly direction in a straight line to
the southernmost point of Captain’s island; thence the said line to be
prolonged in the same westerly direction until it touches the state
boundary line: provided, that steam-dredge boats may be used in
taking up oysters upon private designated grounds by the owner
thereof in any of the waters of this state. But this provision
shall cease to apply to the oyster grounds in New Haven harbor
thirty days after the rising of the general assembly.

Sec. 2. Any person convicted of a violation of the provisions
of section first of this act shall be deemed guilty of a misdemeanor,
and shall be punished for the first offense by a fine of not more
than seven dollars and costs of prosecution, or imprisonment for a
time not exceeding thirty days in the county jail or workhouse, or
by both such fine and imprisonment. For any subsequent convic-
tion for the same offense, the person so convicted shall be fined
not less than twenty-five dollars nor more than fifty dollars and
costs of prosecution, or confined in the county jail or work-house
for not more than ninety days, or both such fine and imprisonment,
in the discretion of the court.

* Sec. 3. Prosecutions under this act may be heard and deter-
mined by a justice of the peace, subject to an appeal by the
accused to the superior court, as in other criminal cases.

Sec. 4. “An act to prohibit the dredging for shell-fish by
steam,” approved March twenty-eight, 1879, and all other acts
inconsistent herewith are hereby repealed.

Sec. 5. This act shall take effect from its passage, but shall not
affect any suit now pending.

Approved, March 25, 1880.

124 SHELL-FISH COMMISSIONERS’ REPORT. [Jan.,

CHAPTER CXL.
An Act to regulate Dredging with Sail Vessels on Natural Oyster Beds.

Be it enacted by the Senate and House of Representatives in General

Assembly convened :

Section 1. No person shall use in dredging with any sailing
vessel on any of the natural oyster, clam, or mussel beds in this
state any dredge or other contrivance weighing more than thirty
pounds, exclusive of the bag or net.

Src. 2, Any person who shall violate the provisions of the
preceding section shall be deemed guilty of a misdemeanor, and
shall be punished in the discretion of the court by a fine not exceed-
ing the sum of one hundred dollars, or by: imprisonment in the
county jail not exceeding six months, or by such fine and imprison-
ment both.

Sec. 3. Prosecutions under this act may be heard and deter-
mined by a justice of the peace, subject to the right of appeal by
the accused to the superior court, as in other criminal cases.

Approved, April 14, 1881.

CHAPTER CXLI.
An Act concerning Dredging for Oysters on Private Grounds.

Be it enacted by the Senate and House of Representatives in General

Assembly convened :

Section 1. So much of an act entitled “An act in addition to
an act for encouraging and regulating fisheries,” being chapter one
hundred and nineteen of the public acts of 1871, as prohibits
dredging on private designated grounds in New Haven harbor and
adjacent waters, is hereby repealed.

Src. 2. This act shall take effect from its passage.

Approved, April 14, 1881. '

CHAPTER COVIII.
An Act Concerning Shell-Fisheries.

Be it enacted by the Senate and House of Representatives in General

Assembly convened :

Section 1. It shall be lawful to dredge shells or shell-fish by
steam power upon any private designated grounds by the owner
thereof, in any of the waters of this state.

Sec. 2. All acts and parts of acts inconsistent herewith are
hereby repealed.

Approved, April 13, 1881.

1882. ] LAWS RELATING TO FISHERIES. 125

CHAPTER CLX.
An Act Establishing a State Commission for the Designation of Oyster
Grounds.
Be it enacted by the Senate and House of Representatives in General
Assembly convened :

Section 1. The state shall exercise exclusive jurisdiction and
control over all shell-fisheries which are located in that area of
the state which is within that part of Long Island sound and its
tributaries bounded westerly and southerly by the state of New
York, easterly by the state of Rhode Island, and northerly by a
line following the coasts of the state at high water, which shall cross
all its bays, rivers, creeks, and inlets at such places nearest Long
Island sound as are within and between points on opposite shores
from one of which objects and what is done on the opposite shore
can be reasonably discerned with the naked eye, or could be dis-
cerned but for intervening islands. And all shell-fisheries not
within said area shall be and remain within the jurisdiction and
control of the towns in which they are located under the same laws
and regulations and through the same selectmen and oyster com-
mittees as heretofore. If a difference shall arise between any
town and the commissioners as hereinafter provided for, as to the
boundary line between said town and the area so to be mapped,
said town, by its selectmen, may bring its petition to the superior
court for the county within which said town is situated, to de-
termine said boundary line, and said court upon reasonable notice
to the parties shall hear said petition and appoint a committee to
ascertain the facts in such case and report the same to said court,
and said court shall thereupon make such order as may be proper
in the premises.

Sec. 2. The three fish commissioners of the state now in office,
and their successors, shall also be and constitute a board of com-
missioners of shell-fisheries, and be empowered to make or cause
to be made a survey and map of all the grounds within the said
area in Long Island sound which have been or may be designated
for the planting or cultivation of shell-fish ; shall ascertain the

,ownership thereof, and how much of the same is actually in use
for said purposes ; they shall also cause a survey of all the natural
oyster beds in said area, and shall locate and delineate the same
on said map, which survey and map when completed shall not
cost a sum exceeding twenty-five hundred dollars, and shall report

126 SHELL-FISH COMMISSIONERS’ REPORT. [Jan.,

to the next session of the legislature a plan for an equitable taxa-
tion of the property in said fisheries, and make an annual report
of the state and condition of said fisheries to the legislature, and
the said commissioners shall be empowered to appoint and employ
a clerk of and for said board, and they shall each give a bond to
the state with sufficient surety for the faithful performance of
their duties, and for the payment to the state treasurer of all
money that may come into their hands under this act in the sum
of two thousand dollars.

Src. 3. The said commissioners shall also be empowered, in
the name and in behalf of the state, to grant by written instru-
ments, for the purpose of planting and cultivating shell-fish, per-
petual franchises in such undesignated grounds within said area
as are not and for ten years have not been natural clam or oyster
beds, whenever application in writing is made to them through
their clerk by any person or persons who have resided in the state
not less than one year next preceding the date of said application.
The said application and the said grant shall be in manner and
form as shall be approved by the chief justice of the state, and all
such grants may be assigned to any person or persons who are or
have been residents of the state for not less than one year next pre-
ceding such assignment, by a written assignment, in manner and
form approved by said chief justice ; and the said commissioners
shall keep books of record and record all such grants and assign-
ments therein, and the same shall also be recorded in the town
clerk’s office in the town bounded on Long Island sound within
the meridian boundary lines of which said grounds are located.

Src. 4. When any such application is filed with the clerk of
said commissioners, he shall note on the same the date of its re-
ception and shall cause a written notice, stating the name and resi-
dence of the applicant, the date of filing the application, the loca-
tion, area, and description of the grounds applied for, to be posted
in the office of the town clerk of the town bounded on the said
Long Island sound within the meridian boundary lines of which
said grounds are located, where such notice shall remain posted
for twenty days. Any person or persons objecting to the granting
of the grounds applied for, as aforesaid, may file a written notice*
with the town clerk, stating the grounds of his or their objections,
upon the payment to said town clerk of the sum of twenty-five
cents, and at the end of said twenty days the said town clerk shall
forward allsuch written objections to the clerk of said commission ;

1882. ] LAWS RELATING TO FISHERIES. 127

and in case such objections are so filed and forwarded the said
commissioners, or a majority, shall upon ten days’ notice in writ-
ing, mailed or personally delivered to all the parties in interest,
hear and pass upon such objections at the town in which such
grounds are located as aforesaid, and if such objections are not
sustained and the area of ground is not, in the opinion of the com-
missioners, of unreasonable extent, they may for the actual costs of
surveying and mapping of such grounds, and the further consid-
eration of one dollar per acre, paid to the said commissioners to be
by them paid over to the treasurer of the state, grant a perpetual
franchise for the planting and cultivating shell-fish in such ground
or in any part of the same in the manner aforesaid, and where no
such objections are made such grants may be made for the considera-
tions hereinbefore named. At all hearings authorized by this act
the said commissioners may, by themselves or their clerk, subpoena
witnesses and administer oaths as in courts of law.

Src. 5. The said commissioners shall, previous to the delivery
of any instrument conveying the right to plant or cultivate shell-
fish on any of said grounds, make or cause to be made a survey of
the same, and shall locate and delineate the same, or cause it to be
located and delineated upon the map aforesaid, and upon receipt
of said instrument of conveyance the grantee shall at once cause
the grounds therein conveyed to be plainly marked out by stakes,
buoys, ranges, or monuments, which stakes and buoys shall be con-
tinued by the said grantee and his legal representatives, and the
right to use and occupy said grounds for said purposes shall be
and remain in said grantee and his legal representatives ; provided,
that if the grantee or holder of said grounds does not actually use
and occupy the same for the purposes named, in good faith, within
five years after the time of receiving such grant, the said commis-
sioners shall petition the superior court of the county having juris-
diction over the said grounds to appoint a committee to inquire
and report to said court as to the use and occupancy of such
grounds in good faith, and said court shall in such case appoint
such committee, who, after twelve days’ notice to petitioners and
respondents, shall hear such petition and report the facts thereon
to said court, and if it shall appear that said grounds are not used
and occupied in good faith for the purpose of planting or cultivating
shell-fish the said court may order that said grounds revert to the
state, and that ail stakes and buoys marking the same be removed,
the costs in said petition to be paid at the discretion of the court.

128 SHELL-FISH COMMISSIONERS’ REPORT. [Jan.,

Sec. 6. When, after the occupancy and cultivation of any
grounds designated as aforesaid by the grantee or his legal repre-
sentatives, it shall appear to said commissioners that said grounds
are not suited for the planting or cultivation of oysters, said grantee,
upon receiving a certificate to that effect from said commissioners,
may surrender the same or any part thereof, not less than one
hundred acres, to the state, by an instrument of release of all his
rights and title thereto, and shall on delivery of such instrument to
the said commissioners receive their certificate of said release of
said grounds, the location and number of acres described therein,
which shall be filed with the state treasurer, who shall pay to the
holder the sum of one dollar for every acre of ground described in
said release, where said sum has been paid therefor to the state. And
the said release shall be recorded by the said commissioners in their
record books, and in the town clerk’s office in the town adjacent
to and within the meridian boundary lines of which said grounds
are located. For all purposes relating to judicial proceedings in
criminal matters the jurisdiction of justices of the peace of the
several towns bordering on Long Island sound shall extend south-
erly by lines running due south by true meridian from the south-
ern termini of the boundary lines between said towns to the bound-
ary line between the states of Connecticut and New York.

Sec. 7. Said commissioners shali provide, in addition to the
general map of said grounds, sectional maps, comprising all grounds
located within the meridian boundary lines of the several towns on
the shores of the state, which maps shall be lodged in the town
clerk’s office of the said respective towns, and said commissioners
shall also provide and lodge with said town clerks blank applica.
tions for such grounds and record-books for recording conveyances
of the same, and all conveyances of such grounds and assignments,
reversion, and releases of the same shall be recorded in the books
of said commissioners, and in the town clerks’ offices of the towns
adjacent to and within the meridian boundary lines of which
said grounds are located, in such books as are provided by said
commissioners, subject to legal fees for such recording, and the
cost of all such maps, blank books, surveys, and all other expenses
necessary for the carrying out the provisions of this act shall
be audited by the comptroller and paid for by the treasurer of the
state, and the said commissioners shall each receive for their ser-
vices five dollars per day for the time they are actually employed,

1882. ] LAWS RELATING TO FISHERIES. 129

as provided for in this act ; their accounts for such service to be
audited by the comptroller and paid by the treasurer of the state.

Sec. 8. All designations and transfers of oyster, clam, or mus-
sel grounds within the waters of Long Island sound heretofore
made (except designations made of natural oyster, clam, or mus-
sel beds), are hereby validated and confirmed.

Sec. 9. All the provisions of the statutes of this state relating
to the planting, cultivating, working, and protecting shell-fisheries
upon grounds heretofore designated under said laws, except as
provided for in section eight of this act and as are inconsistent
with this act, are hereby continued and made applicable to such
designations as may be made under the provisions of this act.

Sec. 10. When it shall be shown to the satisfaction of the said
commissioners that any natural oyster or clam bed has been desig-
nated by them to any person or persons, the said commissioners shall
petition the superior court of the county having jurisdiction over
the said grounds to appoint a committee to inquire and report to
the said court the facts as to such grounds, and said court shall in
such case appoint such committee, who after twelve days’ notice to
the petitioners and respondents shall hear such petition, and report
the facts thereon to said court; and if it shall appear that any
natural oyster or clam beds, or any part thereof, have been so des-
ignated, the said court may order that said grounds may revert to
the state, after a reasonable time for the claimant of the same to
remove any shell-fish he may have planted or cultivated thereon
in good faith, and said court may further order that all stakes and
buoys marking the same be removed, the costs in said petition to
be taxed at the discretion of the court.

Sec. 11. Any commissioner who shall knowingly grant to any
person or persons a franchise as hereinbefore provided in any natu-
ral oyster or clam bed, shall be subject to a fine of not less than
one hundred dollars nor more than five hundred dollars, and if
such franchise is granted the grant shall be void, and all moneys
paid thereon shall be forfeited to the state ; and the said commis-
sioners shall in no case grant to any person or persons a right to
plant or cultivate shell-fish which shall interfere with any estab-
lished right of fishing, and if any such grant is made the same
shall be void.

Sec. 12. The superior court of New Haven county, on the ap-
plication of the selectmen of the town of Orange, and the superior
court of any county, on the application of the oyster-ground com-

17

1300: SHELL-FISH COMMISSIONERS’ REPORT. Jan.
9

mittee of any town in said county, shall appoint a committee of
three disinterested. persons of the town within the boundaries of
which any natural oyster, clam, or mussel beds exist, to ascertain,
locate, and describe by proper boundaries, all the natural oyster,
clam, or mussel beds within the boundaries of such town. Said
committee so appointed shall first give three weeks’ notice, by ad-
vertising in a newspaper published in or nearest to said town, the
time and place of their first meeting for such purpose ; they shall
hear parties who appear before them, and may take evidence from
such other sources as they may in their discretion deem proper, and
they shall make written designations by ranges, bounds, and areas
of all the natural oyster, clam, and mussel beds within the bounda-
ries of the town they are appointed for, and shall make a report
of their doings to the superior court, and such report, when made
to and accepted by said court, and recorded in the records thereof,
shall be a final and conclusive determination of the extent, bounda-
ries, and location of such natural beds at the date of such report.
It shall be the duty of the clerk of the court to transmit to the
town clerk of each of said towns a certified copy of said report so
accepted and recorded, in relation to the beds of such town, which
shall be recorded by said town clerk in the book kept by him for
the record of applications, designations, and conveyance of desig-
nated grounds. Such public notice of said application to the su-
perior court, and of the time and place of the return of the same,
shall be given by said selectmen or oyster-ground committee as
any judge of the superior court may order. It shall be the duty
of the selectmen of the town of Orange, and of the oyster commit-
tees of other towns, upon a written request so to do, signed by
twenty electors of their respective towns, to make such application
to the superior court within thirty days after receiving a copy of
such written request, and said applications shall be privileged, and
shall be heard and disposed of at the term of said court to which
such application is returned, in preference to other causes. All
expenses properly incurred by such selectmen and oyster-ground
committees in said applications, and the doings thereunder, and
the fees of said committees so appointed by court, shall be taxed
by the clerk of said court and paid by the state upon his order.
Any designation of ground for the planting or cultivation of shell-
fish, within the areas so established by such report of said commit-
tee, shall be void.

Src. 13. The selectmen of the town of Orange and the com-

1882.] LAWS RELATING TO FISHERIES. 131

mittees of other towns shall, at the expense of their respective
towns, procure and cause to be lodged and kept in the office of the
town clerk of each town respectively, accurate maps showing the
boundary lines of their said towns in the navigable waters of the
state, and all designations of ground for the cultivation of sheli-
fish heretofore made and that shall hereafter be made within such
boundaries, and shall number said designations on said maps, and
shall cause to be designated on said maps all natural oyster, clam,
and mussel beds lying within their several towns respectively, as
the same shall be ascertained by said report of said committees so
recorded in said towns, as hereinbefore provided.

Sec. 14. All acts and parts of acts inconsistent herewith are
hereby repealed, but this act shall not affect any suit now pending.

Approved, April 14, 1881.

CHAPTER CIX.
An Act regulating the Dredging for Shell-Fish and Shells.

Be it enacted by the Senate and House of Representatives in General
Assembly convened :

Section 1. It shall not be lawful for any person or persons to
use a boat, or any other contrivance, dragged, operated, or pro-
pelled by steam, in taking up, or dredging for, oysters, oyster
shells, clams, or other shell-fish in any bay, river, or other waters
within the boundaries or jurisdiction of this state: provided, how-
ever, that this section shall not be so construed as to prevent the
use of steamboats in taking up, or dredging for oysters on private
designated grounds in any such waters, by the owners thereof.

Sec. 2. Any person who shall violate the provisions of the pre-
ceding section shall be deemed guilty of a misdemeanor, and shall
be punished by a fine not exceeding the sum of one hundred dol-
lars, or by imprisonment in the county jail not exceeding six
months, or by such fine and imprisonment both.

Src. 3. Prosecutions under this act may be heard and deter-
mined by a justice of the peace, subject to the right of appeal by
the accused to the superior court, as in other criminal cases.

Sec. 4. This act shall take effect from its passage, but shall
not affect any suit or prosecution now pending, and all acts incon-
sistent herewith are hereby repealed.

Approved, April 13, 1881.

152 SHELL-FISH COMMISSIONERS’ REPORT. [Jan.,

CHAPTER CIV.
An Act regulating the Taking of Oysters in the Waters of Long Island
Sound, and within the Towns of Milford and Stratford.
Be it enacted by the Senate and House of Representatives in General
Assembly convened :

Any person who shall, by means of a dredge or any instrument
drawn by any vessel, take any oysters or substances on which oys-
ters will naturally “set” from any natural oyster ground lying
north of a line drawn from the extremity of Pond Point, in the
town of Milford, to Charles Island, and thence to the ‘‘beacon”’
at the mouth of the Housatonic river, shall be guilty of a misde-
meanor, and upon conviction thereof shall pay a fine of not more
than seven dollars, or be imprisoned in the county jail not more
than thirty days.

Approved, April 12, 1881.

CHAPTER CXVI.
An Act relating to Oysters in the Towns of Guilford and Madison.

Be it enacted by the Senate and House of Representatives in General
Assembly convened :

Section 1. The oyster committee of the town of Guilford
shall not have power to designate any grounds for the cultivation
of oysters or clams, within such reasonable distance of the natural
oyster and clam beds, within the jurisdiction of said town, as will
permit the owners of the grounds designated to encroach upon
the reasonable extension of such natural beds by natural growth.

Sec. 2. Any person who shall take, gather, or collect in excess
of five bushels of oysters in any one day, from Hast river, in the
towns of Guilford and Madison, shall pay a fine not exceeding
seven dollars, or be imprisoned in the county jail not exceeding
thirty days. Informing officers in either town may make com-
plaints for a violation of this section, and any justice of the peace
residing in either Guilford or Madison shall have jurisdiction of a
complaint for a violation of its provisions.

Approved, April 13, 1881.

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Shell Fish ©ommissioners.
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STATE OF @ONNECTICUT.

251888 2S

SzeCOoOND REPOR YF

OF THE

SHELL fist (ommissioneRs

OF THE
Sale OF CONNECTICUT,
TO THE

General Assembly, January Session,

188s.

MIDDLETOWN, CONN.:
PELTON & KING, PRINTERS AND BOOK BINDERS,
1883.

Siew Ee Gr CONNECTICUT.

REPORT.

To His Excellency the Governor and the General Assembly of the
State of Connecticut:

The Commissioners of Shell Fisheries respectfully present their
Second Annual Report :

They have held regular sessions on Monday of each week dur-
ing the year, and special sessions on many other days, as occasion
required. They have had hearings at Bridgeport, Darien and Stam-
ford, and have personally examined most of the natural beds in the
waters of the State between the Connecticut River and Byram Point.
They have nearly completed the records of all designations made by
the towns in water under State jurisdiction; they have corrected many
errors of description, settled many disputes between adjoining owners,
and cleared up the titles of many claimants: so that the confusion and
doubt, which so frequently perplexed the owners of oyster grounds,
have to a great extent disappeared. With proper adjustment and
location of the designations heretofore made by town officers in
waters under State jurisdiction, future boundary disputes will be
avoided.

All designations made by the Commissioners are so carefully
defined, bounded and mapped, as to reduce the possibility of conflict
with adjoining grants to a minimum. From the nature of oyster
grounds, especially in deep waters, entire accuracy of measurement,
location and buoying is impossible. But it is believed that the system
adopted and carried out by the Commissioners will secure as near
an approximation to accuracy as is practicable and necessary. It is
obvious to all that upon an expanse of waters, such as that which

4

covers the thousands of acres of oyster grounds of the Sound, there
can be no descriptions by metes and bounds, by trees and stones,
and other natural objects, as of tracts of land out of water. The only
practicable method of locating a lot under water at a distance from
the shore is by reference to permanent objects on the land. This
may be done in two ways,.one by separately noting the ranges of
any side of the lot with any “wo prominent permanent objects on
the shore or on the water; and the other by noting at each corner of
alot the angle formed between three lines drawn from such corner
to three permanent objects on the shore. Either way is satisfactory
for mapping, locating and buoying. Sometimes one plan is more
convenient than the other; but for the practical working of the beds
the owners prefer ranges with permanent objects on the shore or:
water. As the buoys after they have been properly set are liable to
be disturbed by the elements and by passing vessels, a range upon the
shore and elsewhere for readily readjusting them is very convenient.
But it is often found impracticable to obtain ranges, and resort must
consequently be had to the engineer and his sextant to determine the
exact points of the corners.

Preliminary to all this, however, he must griphon these necessary
prominent permanent points on the shore and elsewhere, and deter-
mine their exact positions and relative distances. On some parts of
the shore prominent rocks, heads of capes and islands, lighthouses,
church steeples, lofty chimneys and cupolas serve as convenient
points; while on other parts the absence of such objects makes arti-
ficial structures necessary. Of the latter 35 have been erected during
the past year. They are built of pine joist, 4 x 6 inches square, set
one at each corner of a triangle, sloping towards each other so as to
meet over the centre of the space. Extending above and below the
apex thus formed is a mast painted black and white, which sets verti-
cally over the centre of the enclosed area. At this centre is placed a
block of stone, the centre of which indicates the exact location of the
beacon or signal station. These stations are now complete along the
shore, from the Connecticut river, west to the New York boundary
line. The exact position of all the points, natural and artificial, with
their relative bearings and distances from each other, has been
determined during the past year. This work of triangulation has
been considered by the Commissioners the most important and far
reaching in its results of all the work that had been imposed upon
them. Upon its accuracy in general and in detail the true position
of every lot of ground within State jurisdiction must depend. To

a)

ensure such accuracy the finest geodetic instruments and the most
skillful and trustworthy engineers were required. Under the efficient
superintendence of Engineer James P. Bogart, the requisite instru-
ments were purchased, and two parties were sent out to complete the
work—one under Assistant Gershom Bradford, of the U. S. Coast and
Geodetic Survey Office, and the other under Engineer john G.
Bramley, of New York. Mr. Bradford was detailed to assist in this
work by the courtesy of Prof. J. E. Hilgard, Superintendent of the
U.S. Coast and Geodetic Survey, the Commissioners being required
to pay only for the trifling incidental expenses of Assistant Bradford
and his aides while engaged in the work. With the help of these
accomplished engineers, one hundred and eighteen triangulation
points have been determined and mapped during the past year. The
triangle sides vary in length from one mile to seventeen miles. Per-
fect meridian lines have thus been secured, and the probability of
errors materially reduced. The quality of the work thus accom-
plished is shown by a special request from Superintendent Hilgard
for a copy of the field notes. The completion of this work of trian-
gulation, a reduced map of which is hereto appended, now enables
the Commissioners to locate and map with accuracy any lot within
their jurisdiction,

With respect to the shore east, between the Connecticut River and the
Rhode Island line, a reconnoisance was made, occupying two weeks’
time; and the requisite points were selected along the coast, which
were submitted to Assistant S. C. McCorkle, of the U. S. Coast Sur-
vey, who was in charge of that section for the resurvey of the Sound.
Assistant McCorkle promised that the points so selected should be
triangulated as far as possible during the prosecution of his work for
the government. As no serious harm would result from delay in
locating and mapping grounds in that section, and as it would save
considerable expense to have the work of triangulation done by Mr.
McCorkle as proposed, the Commissioners will wait for the results of
his valuable labors before sending an engineer into that field.

The locating and buoying of lots has been continued wherever it was
found practicable. All the engineers have at times been engaged in
this work—not to omit Engineer D. C. Sanford, of New Haven, to
whom a large share of the work fell, and whose efficiency and capacity
have been duly appreciated. ‘The number of buoys located and
sextant positions determined on the grounds during the past year is
538. A large number of lots remain to be located and buoyed, and
the work will be resumed at the earliest practicable moment in the

6

spring. It is hoped that those to whom grants have been made, and
who have been impatient of the delay in surveying and buoying their
lots, will see in the foregoing statement that such delay could not be
avoided, inasmuch as it was necessary that all this preliminary work
should be thus completed in order to insure accuracy in locating and
buoying the grounds. In future it is expected that every lot will be
located and buoyed as soon as its designation is granted.

It is afso expected that the maps of grounds within State jurisdic-
tion, which the Commissioners are required by law to make, can be
satisfactorily completed in the course of the ensuing year.

The work of surveying, locating and mapping the natural beds has
been prosecuted as rapidly as practicable. Of the beds mentioned in
last year’s report, three of the principal ones have been thoroughly
explored and their boundaries established, namely: Stratford natural ,
bed, off Point-no-point; Field Point natural bed, south and east of
Horse Neck Point; and Great Captain’s Island bed, off Great Cap-
tain’s Island.

The following brief description of each will enable the oystermen
to find their boundary lines and to keep within their limits. A more
particular scientific description will be hereafter given by the Engi-
neer.

STRATFORD Brp.—Beginning at a point in the Commissioners’ line
of jurisdiction, distant one thousand eight hundred and thirty (1,830)
feet northeasterly from the center of the tower of the new Stratford
Point lighthouse, thence running due south to a point formed at the
intersection of the following range lines, that is to say: one range
line running zor/herly along the edge of the roof on the easterly side
of the lighthouse keeper’s new house, near the Stratford Point light-
house; the other range line running mortheas/erly over the southeast
side or face of the old hotel on Charles Island, and a tall, prominent
tree at the left side of little gap in the woods on the northern slope
of a distant hill. (This gap may be found by beginning at the fish
works at Welch’s Point and looking northerly along the crest of the
range of hills until you pass four prominent single trees, which rise
above the top of the general wood line. The fourth tree stands near
the right hand side of the gap.)

Thence running in a southwesterly direction a distance of twelve
thousand two hundred and fifty (12,250) feet, to a point at the inter-
section of the following range lines: One range line running zorth-
erly over Ambler’s house, at Nicholls’ farm, Trumbull, and the
middle poplar of the five poplar trees near the shore at Point-No-

7

Point, on what is termed the Lordship farm. The compass bearing
of this range is north by east. The other range line running xorth-
westerly over cupola of P. T. Barnum’s house at Bridgeport, and
the center of the dwelling house attached to the Bridgeport Light-
house. And a third range line running also northwesterly over the
cupola of Dr. Warner’s house at Seaside Park, Bridgeport, and the
west tree of five single trees on a ridge in the distance. The com-
pass bearing of this range is northwest one-half north.

Thence running northwesterly on a line in the direction of the
spire of the Congregational Church at Fairfield, a distance of thir-
teen thousand eight hundred and thirty (13,830) feet, to its point of
intersection with a line ranging northerly over the factory chimney of
the Read Carpet Company and the soldiers’ monument at Seaside
Park.

Thence northerly along said last mentioned range line, to ground
designated to Robert E. DeForest. Thence due east to southeast
corner of said designation. Thence due north to the Commission-
ers’ line. Thence easterly along said line to the point of beginning.

This bed contains three thousand and fifty-five (3,055) acres.

Fietp Point Naturat Bep.—Beginning at a point in the Com-
missioners’ line of jurisdiction, where it is intersected by a line
ranging over the stone steeple of the Congregational Church at
Greenwich and the extreme east end of the ‘‘marble house,” which
stands near the steamboat dock, formerly used as a marble factory;
running thence, southerly, along said range line to its point of inter-
section with a line ranging westerly over the steeple of the Con-
gregational Church, at Rye, N. Y., and the south gable of the west-
ernmost house on Calf Island. Thence running easterly to a point
formed at the intersection of two lines:—one line ranging westerly
over a large tree in Portchester and the center of the eastern house
on Calf Island (a slim cedar tree is in the same range); and the other
line ranging northerly over the stone steeple of the Congregational
Church at Greenwich and the west side of Black Rock, west of the
Americus House. ‘Thence running southwesterly to a point formed
at the intersection of three lines: one line ranging westerly over the
northeast corner of the north house on Calf Island and the north cedar
tree at the shore on the east side of Calf Island; the second line ranging
also westerly over the south edge of the Brooks House and the north
side of the shed which stands northeast of the barns on Calf Island; and
the third line ranging northerly over the stone steeple of the Congre-
gational Church at Greenwich and the flag-pole on the west end of

8

Caleb Holmes’ storehouse. ‘Thence running northwesterly to a point
formed at the intersection of two lines: one line ranging over Lloyd’s
Neck bluff and the east side of the east clump at Little Captain’s
Island, at about half the height of the clump; and the other line
ranging over the east end of the Club House dining-room and the
center of White Rock at the extreme south end of Field Point.
Thence running northerly to the Commissioners’ boundary line in the
direction of a point formed at the intersection of two range lines:
one running easterly over the high part of the bluff on the north
side of Little Horseshoe at Coscob Harbor, and the point where the
black and white rocks on the extreme southeast end of Field Point
come together; and the other line running westerly over the north
side of the old Benjamin Merritt House, just clear of the cedars, and
the southwest end of Otter Rocks. Thence easterly along the Com-
missioners’ boundary line to the place of beginning.
The area of this bed is eighty-four (84) acres.

Great Caprain’s Istanp Naturat Bep.—Beginning at the point
of intersection of a line due east of Great Captain’s Island Light with
a line ranging northerly and southerly over the steeple of the Metho-
dist Church in Greenwich, and the west end of the building standing
near the end of the steamboat dock; thence running southerly along
the last mentioned line about one thousand four hundred feet toa
point of its intersection with a line ranging over a gap in the high
woods, which are north and east of Reuben B. Lockwood’s home in
Old Greenwich, and low water mark southeast of the clump on Lit-
tle Captain’s Island. ‘Thence running westerly on a straight line to a
point formed at the intersection of two lines, one ranging over the
north side of the high part of the Rye Beach Hotel and the south
side of the gap in the woods on a distant hill in Rye, and the other
ranging over the stone steeple of the Congregational Church at Green-
wich and a small elm tree on the west end of Great Captain’s Island.
Thence along the last range line to high water line on Great Captain’s
Island; thence east along the north side of Great Captain’s Island, at
high water line, to a point which is due east of the center of the
Lighthouse tower, and thence due east to the place of beginning.

The area of this bed is one hundred and fifty-two (152) acres.

The Greenwich Point Natural Bed, the PortcheSter Natural Bed,
and the Roaton Point or Fish Island Natural Bed, have been par-
tially explored, but not sufficiently so to enable the Commissioners
to reach any definite conclusions. All the other natural beds will be
examined during the next summer.

3)

In the discharge of their duty of exploring and mapping natural
beds, the Commissioners have experienced no little difficulty. Great
difference of opinion exists as to what constitutes a natural bed;
while the testimony as to their size and shape is conflicting and
largely untrustworthy. No pains have been spared to secure all the
information about the beds that was possible. When a hearing was
agreed upon due public notice of the time and place was given, so
that all who desiréd could be heard. The place for the hearing was
selected with a view to the convenience of the witnesses rather than
of the Commissioners. Parties appeared not only in person, but by
counsel, and an exhaustive examination was had in every case. The
witnesses were generally divided into two classes, one consisting |
mainly of those whose work was confined to the natural beds, and
the other who may be classed as oyster growers. The former sought
to make the natural beds as large in extent as possible, while it was
for the interest of the latter to so restrict them as to leave portions
thereof open for designation and cultivation, for which purpose these
and adjacent grounds are very valuable.

It is the obvious design of the law that the natural beds shall be
preserved in their entirety for the use of the public; hence the law
makes the Commissioners liable to severe penalties if they knowingly
make grants which encroach upon them, and such grants are abso-
lutely void.

Such being the fact, it becomes an important preliminary question,
what,-according to the intent of the law, is a natural bed ?

Various definitions have been attempted. In one sense, all
oyster beds, whether the result of cultivation or of accident, are
natural beds. But it is not in this sense that the term is com-
monly used and understood. To quote from last year’s Report, ‘‘all
grounds of any considerable extent, under water, which are found
overspread with growing oysters, are generally called oyster beds.
They are artificial or natural. Those designed and planted by man
are artificial beds; all others are natural beds, and they are formed by
spat from other: beds, drifted by winds and tides and deposited upon
a bottom suitable for its adhesion and growth.” This definition is
correct in a general sense, but it does not accurately describe the
natural bed which.the law designs to recognize and protect. Small
isolated patches of natural growth oysters cannot be deemed natural
beds within the meaning of the law; but when such patches are
found scattered over an extent of ground in sufficient abundance to
remunerate the oystermen, a greater or less number of years in

10

succession, for the labor of gathering them, there is such a natural
oyster bed as the law recognizes and protects. This is substantially
the idea of those who have labored on these beds for many years. In
their testimony before the Commissioners, a natural oyster bed with
them was an uncultivated bed where they could find oysters ‘‘in
paying quantities,”—where they could do ‘‘a fair day’s work,”—and
this view is sustained by legal authority. By the laws of Maryland,
no natural bar or bed of oysters can be designated. A case arose in
Dorchester County involving the construction of the term ‘‘natural
bed.” After an able discussion by counsel, Judge Charles F. Golds-
borough decided as follows: ‘‘There are large and numerous
tracts where oysters of moderate growth may be found in moderate
numbers, but not in quantities sufficient to make it profitable to catch
them, and yet where oysters may be successfully planted and propa-
gated. In my opinion, these cannot be called natural bars or beds
of oysters within the meaning of the acts of the Assembly, and it is
just such lands as these that the State meant to allow to be taken up
under the provisions of the act. But there is still another class of
lands where oysters grow naturally and in large quantities, and to
which the public are now, and have been for many years, in the
habit of resorting with a view to earning a livelihood by catching this
natural growth, and here, I think, is the true test of the whole ques-
tion. Land cannot be said to be a natural oyster bar or bed merely
because oysters are scattered here and there upon it, and because, if
planted, they will readily live and thrive there; du¢ wherever the natural
growth ts so thick and abundant that the public resort to tt for a livelihood,
wt ts a natural bar or bed, and comes within the above quoted restrichon in
the law, and cannot be located or appropriated by an individual.” The
last lines are italicized as comprehending the true legal definition of
a natural bed.

And yet to determine at any given time what grounds are to be
considered as fairly embraced within a natural bed is not an easy
matter. If they were uniformly productive throughout their entire
surface, and this without variations from year to year, there would
be no difficulty in determining and mapping their outlines. But
this is far from being the fact. The oysters grow in patches and
streaks on the natural beds, with intervening bare spots of larger or
smaller area. What are barren spaces this year may be covered with
oysters the next, and so the bed may be continually changing. Still
the changes are always within certain limits, so that the general area
and outline of the bed is preserved. To ascertain this general area

tel

and outline two ways are open—one to examine the bed by careful
dredging, and the other by taking the testimony of those who have
long been employed in getting oysters from it. Most oystermen
dredge over a bed by following on lines ranging with objects on the
shore. Some have one set of ranges, some another, but when the
ranges of a great number are combined the general outline of the bed
is approximately determined. It is clear that from the irregular
streaks and patches which together make up a natural bed, no uni-
form lines are likely to be found along the edges of the bed, but
they are necessarily sinuous and broken, and they vary from year to
year with the changes on the bed. Consequently an exact deline-
ation of the outline of the bed as it actually exists is not only imprac-
ticable, but in a very short time it would be incorrect. Irregular
lines, too, could not readily be indicated by buoys; and it would be
extremely difficult, if not impossible, for the oystermen to keep
within the limits of the bed. By adopting arbitrary boundary lines,
which are approximately true, ‘these difficulties were overcome and
great advantages secured. These lines are so chosen that the entire
natural bed is enclosed by straight lines, each of which ranges with
some prominent objects on the shore, so that any one can readily
find the bed, and when working upon it can easily keep within its
limits. ‘The Commissioners respectfully recommend that the outlines
thus indicated be confirmed and established by law.

Sometimes, but not often, natural beds become exhausted by over-
fishing, or from other causes. The statute of 1881 provides that des-
ignations may be made within areas which have not been natural clam
or oyster beds for ten years. Several applications have been made for
grounds within areas which were formally natural beds, but which are
alleged to have been unproductive for the period named. In all
these cases the evidence was so contradictory that grave doubts per-
plexed the Commissioners as to what their decision ought tobe. On
the one hand, it was urged that the evidence was positive that the
grounds in question had been paying natural beds within ten years,
and until the full expiration of that period the Commissioners were
bound to protect them; that as it was possible that they might at any
time become productive, it would be unjust to deprive the people of
their rightful enjoyment. On the other hand, it was as positively
asserted that the beds had been barren for more than ten years, and
the applicants consequently had an undeniable right to a grant of
such grounds; that they ought to be designated to the oyster grower
without delay, so that the State might reap the benefit, not only of

LZ

the purchase price, but the still greater advantage resulting from an
extension of artificial beds, whereby they would make productive
and profitable what were now waste places. A personal examina-
tion of some of the grounds, with the assistance of experts in dredg-
ing, tended strongly to confirm the assertion of the applicants that
the grounds were not only at the present time barren, but that they
had been so for some years. Still the testimony to the fact that
quantities of natural oysters had been repeatedly gathered there by
numerous parties within seven or eight years, constrained the Com-
missioners to reject such applications. The letter of the law required
them so to do, And yet it is believed that some of these grounds
have really been worthless for seven or eight years, and there is not
the slightest probability of any change for the better. Considerable
territory is thus placed beyond the disposal of the Commissioners,
which otherwise might be sold without detriment to any one. A
change in the law is therefore desirable. It is recommended that the
period shall be reduced; that the Commissioners shall be authorized
in their discretion to designate any grounds for cultivation whenever
they have been found unproductive for a period of five consecutive
years, provided they deem it best for the interests of the State so to do.

Applications for grounds have been made from time to time through
the year, and the numberof acres in the whole aggregates but a little
less than the acres applied for the year before. ‘The following table,
compiled from the records of the office, shows the details of the work
for both years. A large part of the business of 1882 related to appli-
cations made in 1881.

1881. 1882.

Appli- Appli-
cations. see || cations. BOE
Deeded, - = 2 : 56% | 17,456.2 1g 6,381.5
Withdrawn, = = = 20% 7,026.5 9 1,783.0
Canceled, - > > = 26 8,909.3. /|| 1a 2,416.5
Rejected, - - : 5 7 1,165.0 10 1,195.0
Deeds not drawn, - - 9 | 1,520.0 _ 94 "15.291.25
Not surveyed, - = = — | — 28 5,625.0
Objected to and objections
pending, - - - - = —_ 9 726.0
Deeds pending, - - = = 3 273.3
Totals. = - - - 11g 36,167.0 182 33,091.55
Total for 1881 and 1882, - 301 69,858.55

13

There are now pending one hundred and fifty applications, covering
an aggregate area of 23,162 acres, all of which, it is expected, will
be surveyed and deeded in time for the next shelling season. Each
application, so far as practicable, will be attended to in the order of
its date.

The foregoing table affords the ground for the assumption that by
the time of the opening of spring work, in 1883, forty-five thousand
(45,000) acres of ground will have been deeded to applicants by the
Commissioners. These, with the forty-five thousand (45,000) acres
deeded by the towns prior to May, 1881, will show an aggregate of
ninety thousand (90,000) acres held by cultivators under State juris-
diction.

Of this vast area a large portion has been cleared up and shelled.
One firm has laid down two hundred and fifty thousand bushels of
shells. Several large growers have laid down as many as two hun-
dred thousand bushels each. A still larger number have scattered a
hundred thousand, fifty thousand and twenty thousand each. ‘There
are about thirty steamers engaged in the business, besides a very
large number of sailing vessels. Shells that but a few years ago were
almost worthless have increased in value, and are sought after far and
near. It is estimated by competent judges that the number of acres
under cultivation is at least double what it was one year ago. With
trifling exceptions good sets have been secured upon the beds, and if
no unusual accidents occur, the crop, the next two years, will be -
enormous. One cultivator alone looks for no less than one million
bushels of marketable natives from his own grounds. Several other
growers, individuals and companies, are looking for like large crops.
And all are planning to still further extend their farms!

It does not admit of a doubt that the business of oyster growing
as carried on in the waters of the Sound is exceedingly profitable.
And yet it is not infrequent that losses fall upon the grower as sud-
den and unexpected as they are ruinous. Thousands of bushels of
oysters in one patch have been destroyed in a week by the star fish.
A well known firm recently lost twenty thousand dollars worth of
oysters in one bed—ate up by these marauders. Another firm has
in like manner, in the last two years, lost one hundred thousand
dollars worth in the same neighborhood, off Charles Island. These
creatures seem to move in bunches, and when they reach a bed they
unfold and proceed at once in every direction to eat up the crop.
The more intelligent oystermen claim that with proper dredging
these bunches may be discovered, and the star-fish caught before they

14

spread out to feed. One of the best informed growers in the
State, struck an immense bunch a few days ago while hunting
for them on his grounds, and in a short time gathered in seventy-
five (75) bushels of stars! By careful hauling he prevented the
rest from spreading out, and so saved his bed, which, he says, would
have been cleaned out in four weeks. There is good reason to
believe, with this gentleman, that by ordinary diligence on the part
of a// the owners of grounds, the star-fish may be reduced to com-
paratively harmless numbers. But there must be united effort. If
one or more owners fail to protect the grounds; if they refuse to
co-operate with their neighbors to do their share of the work of
extermination it will be but half accomplished, the pests will
increase and multiply, and the destruction will continue. Such neg-
ligence is criminal, and surely deserves severe punishment. The
farmer, who negligently permits Canada thistles or wild carrots to
grow undisturbed upon his land, is liable under the statute law to a
fine. The maxim, ‘‘szc ufere fuo, ut alienum non ledas,” lies at the
foundation of this law. And it applies with equal force to the culti-
vation of lands under water. Persons owning these lands and plant-
ing them with oysters should be compelled to keep them clear, as
much as possible, from all noxious pests. Just how this may be
done it is not easy at present to show; neither the Commissioners,
nor, so far as they are advised, the oyster growers themselves, have
anything but vague and incomplete views on the subject. Doubtless
a better knowledge of the habits of the star-fish will in time point
the way to effective legislation. Meantime it should be earnestly
impressed upon every one engaged in the business, that not only his
own self-interest, but his duty to his neighbor, calls for increasing
warfare against these five-fingered thieves.

The Commissioners are credibly informed that the coot (Fulica
atra), which frequent the waters of the Sound in great numbers,
feed upon the star-fish, As many as twenty small stars have been
found in one crop. Now, if further examination and inquiry should
confirm this fact, inasmuch as these birds are of little or no value for
food, it may be wise to forbid their destruction at certain seasons, so
that their numbers may be increased for the benefit of the oyster
beds.

The drill or borer kills but few in deep waters. The drum-fish and
periwinkle get away with only a trifling percentage of the crop. A
great many of the latter are caught by the dredges, and vast num-
bers are killed in the egg.

15

Besides these submarine marauders with which the oysterman has
to contend, there are foes above the water quite as dangerous. A
great many bushels of oysters are stolen from the beds annually. In
the report of last year, the exposure of oyster grounds, especially the
more remote, to the depredations of oyster thieves was clearly shown;
and it was then believed that some action would be taken looking to
more effective protection of the beds by law. ‘To this end, after con-
sultation with all parties interested, a law was prepared, against
which no opposition was manifested in the committee or elsewhere;
and yet it was reported on adversely, and so defeated. The sole ob-
ject of the law was to provide for numbering all vessels employed
upon the oyster grounds of the State, and compelling them while so
employed to display their numbers continuously, so that they could
be readily recognized at a distance. Vessels without numbers found
on the beds, or vessels with numbers if working on their neighbors’
grounds, would be easily detected. Sucha law would render thieving
without detection almost impossible. The text of the law was as
follows. It is fully approved by the Commissioners and the oyster-
men alike, and it should be adopted:

An Act pertaining to shell fishery grounds within the exclusive jurisdic-
tion of the State, and to vessels and steamers employed thereon.

SECTION 1. The owner or owners of every sail vessel or steamer
which shall hereafter be employed in the business of cultivating, gath-
ering, planting, or transporting shellfish on the shell fishery grounds
within the exclusive jurisdiction of the State, or which shall be other-
wise used or employed hereafter on said grounds, shall, previous to
such use or employment, file in the office of the Commissioners of Shell
Fisheries a sworn statement, signed by such owner or owners, which
shall contain the name and description of such vessel or steamer, its
home port, the name or names and the residence or residences of its
owner or owners, and her proposed employment; whereupon the Com-
missioners of Shell Fisheries shall grant to such owner or owners a
license to use such vessel or steamer in such employment, and shall
give a number to such vessel, which shall be plainly painted or marked
in figures of such character, size, and color, and in such place or places
on such vessel or steamer as the Commissioners may direct; and such
number shall be conspicuously and continuously displayed as so
directed, by such vessel or steamer while on any shell fishery eros
within the exclusive jurisdiction of the State.

SEC. 2. The owner or owners of any vessel. or steamer that shall
hereafter be employed or used upon any shell fishery grounds within
the exclusive jurisdiction of the State, without the license provided in
the foregoing section, or without displaying the number of such vessel

16

or steamer continuously while on said grounds, as directed by said
Commissioners, shall be deemed guilty of a breach of this act; and said
Commissioners are hereby authorized and empowered, upon the filing
with them, at their office, of a statement charging any breach of this
act, sworn to by a reputable person, to seize, by their agents, duly
authorized by them, such vessel or steamer, with the tackle, apparel,
and furniture thereof, and hold the same to await the result of a hear-
ing, which shall be had before said Commissioners upon a written
notice, signed by the clerk of the Commissioners and served by some
proper person appointed by them, upon the owner or owners, or any
one of them, personally; or if the owner or owners are not known to or
cannot be found by the Commissioners, then it shall be served by post-
ing a copy thereof upon said vessel or steamer and upon the sign-post
of the town where such vessel or steamer is held, and such service upon
the person or by posting, as aforesaid, shall be at least ten days before
the time appointed therein for such hearing. And said Commissioners
shall, at the time and place mentioned in said notice, hear the owner or
owners or their representatives and witnesses, or may order further
notice to be given, and may adjourn from time to time; and if they shall
find after a hearing that-such vessel or steamer was employed or used
in violation of this act, as charged, the owner or owners shall thereupon
be adjudged by said Commissioners to pay, and shall pay, a fine of not
less than $100 nor more than $200, with the costs of the seizure and
hearing, and such fine and costs shall be a lien upon said vessel or
steamer, her tackle, apparel, and furniture until paid or until reversed
by the Superior Court, to which an appeal from such judgment may be
made within ten days thereafter; and if the same are not paid, or an
appeal is not taken to the Superior Court within ten days after such judg-
ment, or if the Superior Court shall affirm such judgment, said Commis-
sioners shall sell at public auction, at such time and place and by
such persons as they may direct, such vessel or steamer and the
tackle, apparel, and furniture thereof, and the avails of such sale, after
payment of the costs and expenses thereof, shall be applied in payment
of said fine and costs, and the residue, if any, shall be held by said
Commissioners, to be paid over to whomsoever may be entitled thereto.
But if the said vessel or steamer shall be adjudged innocent of any vio-
lation of this act, the same shall be forthwith released by said Commis-
sioners; and, further, the owner or owners may, at any time before
final judgment on appeal, take possession of said vessel or steamer
while held under this act, on filing with the Commissioners a bond to
the State, with surety approved by them in such amount and with such
condition as the Commissioners may direct; and, further, the Commis-
sioners may issue subpoenas’ for witnesses to testify before them upon
the hearing hereinbefore provided.

SEc. 3. A fee of one dollar shall be paid by the owner or owners of
a vessel or steamer for the license in this act provided, which shall be
accounted for and paid over to the State.

is

As a further protection against thieves, the Oyster Growers’ Associa-
tion recommend the appointment of an Oyster Police, consisting of
four or six capable and trustworthy men, whose duty it should be to
patrol the grounds in row*boats—two to each boat—to prevent depre-
dations and to arrest trespassers. The knowledge that such a force
is continually employed, watching and protecting the oyster beds,
will tend greatly to diminish if not entirely to repress thieving.

What would be the expense of such a police the Commissioners are
not prepared to say, but they apprehend that it would be so large as
to be a serious objection to its establishment, at least for the present.

Some beds have been seriously injured by sediment carried by the
currents claimed to be formed by the Breakwater off New Haven har-
bor. The damage is variously estimated; but whatever it may be it
is sure to be increased as the structure is extended. It is alleged by
those who are continually employed upon the beds in the neighbor-
hood, that any increase of the force of the currents tends to scoop
out the bottom and float the mud over the beds; a very thin deposit
of which is sufficient to smother the oyster. The Oyster Growers’
Association have appointed a committee to consider and report upon
the subject. The Commissioners have no power in the premises.
The work of completing the Breakwater is considered of such import-
ance that it will doubtless be continued and the damage increased.
The only reasonable hope that the injured oystermen can have seems
to be that, on a fair presentation of the facts to the government, they
will be fully compensated for their loss.

Considerable damage has also been done to the oyster beds, in
years past, by material dropped from the mud transports on their way
out of New Haven harbor to their dumping grounds. Last yeara
law was passed which gives the Commissioners ample power to regu-
late the place of dumping. In compliance with the requirements
of this law, upon the written request of parties interested, the Com-
missioners designated and buoyed out a tract of ground to be used
for the dumping of all material carried from New Haven harbor,
which is five miles distant from, and directly south of, Southwest
Ledge. A particular description of this dumping ground will be
found in the Engineer’s Report in the Appendix.

Grounds will be designated and buoyed for dumping purposes off
other towns along the shore, whenever request is made to the Com-
missioners according to law.

In proceeding from New Haven harbor to the dumping grounds,
the mud transports pass over thousands of acres of oyster beds.

ES:

They are generally in command of reckless and irresponsible per-
sons, and the oyster growers are under continual apprehension of in-
jury from accidental or intentional deposits of material on their
crops. It is claimed by those best informed that day and night these
transports are run out of the harbor, and there can be no assured
protection against them, unless every load is accompanied by some
trustworthy person especially deputed to see that the material is not
thrown upon the beds, but is properly deposited on the grounds des-
ignated for the purpose by the Commissioners. The great value of
the property to be thus protected seems, in the opinion of the Oyster
Growers’ Association, as well as that of the Commissioners, to war-
rant the moderate expense of such an inspector.

It is supposed by many that the lots heretofore designated com-
prise all the best grounds in the Sound. But the Commissioners
do not believe this is so. It is true the grounds taken are more con-
venient of access from the shore, and most of them have the advan-
tage of being in the neighborhood of natural beds, from which a
supply of spat may be generally assured; but contiguous to these
grounds, farther out in the Sound, there are tracts equally valuable
for cultivation, which will be in demand as soon as the beds near the
shore are covered with crops. Every acre that is covered by growing
oysters enhances the value of the adjacent grounds. It is predicted
that when the grounds already designated are placed under cultiva-
tion, the spat will be so abundant that no bed will fail of a full set,
whether in deep or shallow water; and all that will be required then
to start a bed will be to lay down the shells and wait. The predic-
tion is not without reason and probability.

Along the eastern part of the State, between the Connecticut and
Pawcatuck rivers, no designations have been made. This is owing,
not to any objectionable peculiarities of the grounds, but rather to
the fact that the oyster growers are not sufficiently acquainted with
them to make selections.

The soft, muddy tracts, also, which aggregate a large number of
acres now neglected, it is believed, will, at no far distant day, become
valuable for cultivation.

The efforts made to grow oysters on muddy bottoms in the Po-
quonnock river, near Groton, to which reference was made in the
last year’s report, have been uniformly successful, as many as a
thousand bushels of superior oysters having been obtained from one
acre. No particular skill is required in carrying on similar experi-
ments, and it is probable that the method will be generally followed
throughout the State, where similar bottoms are found.

9

All attempts at artificial breeding had failed upon these grounds at
Groton until the new method was successfully tried. This method
briefly described is as follows: Birch trees of fifteen or twenty feet
in height and three to four inches diameter at the butt are thrust
about three feet into the mud under the water so as to stand at an
angle of about 45° with the current. They cover the bottom on each
side of the main channel to within fifty feet of the shore. At spawn-
ing time the water is full of floating spat which coming in contact
with the branches, adheres to them in great quantities and there
grows until ready to be harvested for market or for transplanting.

Unfortunately, in the spring of 1881, an epidemic of scarlet fever
and diphtheria prevailed to an alarming extent in the neighborhood
of the oyster beds, and the board of health of the town of Groton,
having been unwisely advised that the sickness was attributable to the
birch brush and oysters, ordered the total destruction of the beds as a
nuisance, and they were destroyed accordingly. Thereupon the
owners resorted to the court for compensation, claiming that the beds
were in no sense a nuisance, and could in no way be any detriment
to the public health. The trees were in water of 10 to 20 feet depth
at low tide, and the oysters thereon were never out of water.

Judge Culver, before whom the case was heard, found that ‘‘neither
the brush nor oysters, nor both combined, were the origin or produc-
ing cause of said disease.” The result is gratifying to those who have
similar grounds and desire to pursue this simple method of cultiva-
tion, which is unusually productive and profitable. The area of such
grounds throughout the State waters is very large, and with proper effort
can be made to produce millions of bushels of oysters where now is
only waste ground.

In compliance with the act of the last session of the Legis-
lature, blanks have been prepared and distributed with a view
to raise a tax upon the oyster grounds the ensuing year. The
time for returning lists to the office of the Commissioners expired on
the first day of November. Although due notice was given to the
owners of oyster grounds throughout the State, there are many delin-
quents, of the value of whose grounds the Commissioners will be
obliged ‘to make the best estimate they can, and then increase the
same ten percent. The arrangement and equalization of the valua-
tions of the grounds subject to the taxation has not yet been com-
pleted; as the necessary information in regard to the grounds of de-
linquents is incomplete. It has not escaped the notice of the Com-
missioners however, that owners of grounds differ widely from each

20

other in their estimates of the value of their grounds, although there
is apparently little or no difference either in natural qualities or in
situation. With few exceptions the grounds are rated very low—
lower than the facts justify. If the estimates given are taken as
a basis fora one per cent. tax, the Commissioners can already see
that but a trifling revenue will be realized forthe State. It will there-
fore be the duty of the Commissioners to make a just valuation, as
required by the law; such as will fairly approximate to the true worth
of the property. E

Although it is conceded that this industry is in its infancy, and
should not be burdened with excessive taxes, it is nevertheless true
that there are many tracts of oyster ground in the Sound that are
worth more per acre than the best farming lands in the State; and
notwithstanding the manifold risks that are involved in the business,
it is notorious that in a series of years it is exceedingly profitable.
Those who reap the profit of these farms should freely admit their
value, give in their lists accordingly, and so honestly discharge their
obligations to the State. The first tax falls due on the first Monday
in May next.

The pollution of the waters of the State has become a crying evil.
Complaints of the recklessness with which waste chemicals and other
poisonous refuse are set adrift in our rivers, are heard on all sides.
The immense amount of injury caused by such substances cannot
easily be estimated. Formerly it was supposed that running water
had the peculiar power of easily and rapidly relieving itself of for-
eign material, after a little while depositing it upon the bottom of the
stream, and so becoming pure. But this is erroneous. No one can
tell how far poisonous substances may be carried in solution and dis-
tributed, when once set afloat. Wherever they come in contact with
the living creatures of the water, disease and death generally follow.
Many instances in this and other States could be cited in proof of
this. That the streams which flow into the Sound carry large quan-
tities of material injurious to the oysters, is well known. In some
places the beds are entirely destroyed; in others, they are greatly in-
jured by change of color and flavor. The wide extension of oyster
beds along the shores where these streams are constantly pouring out
their waters, makes it a matter of vital importance that such waters
should be kept as free from injurious matter as is possible.

It is believed that this can be, in a great measure, accomplished by
a law forbidding such pollution, under a penalty of fine and imprison-
ment.

21

Important experiments have been prosecuted, during the past sum-
mer, in artificial propagation of oysters, but with little success be-
yond what was reported last year. Dr. William K. Brooks, of Johns
Hopkins University, of Baltimore, Md., and Lieut. Francis Wins-
low, U. S. N., have given special attention to the subject, under the
patronage of the United States Fish Commission. ‘There seems to
be little or no difficulty in hatching oysters artificially in enormous
quantities; but no plan has yet been devised whereby they may be
nurtured through their swimming or drifting period. They die be-
fore the power of attaching themselves to permanent objects is devel-
oped. Lieut. Winslow, during the past summer, experimented upon
the native spawners of the Sound. Selecting the spawn from a well-
developed female oyster, he separated them into minute portions and
mixed them with the spermatazoa of the male, in brackish water, in
a glass jar. In a few hours the embryonic oyster appeared. ‘The
time required for development varied, according to circumstances,
from twenty-four hours to six days. Lieut. Winslow found that car-
bonate of lime expedites the process. Many died during this period.
Those that survived were placed in a tin can, lowered into the deep
water, and left upon the bottom to distribute themselves over the
catch. About ten million young oysters were thus planted on
grounds in the Sound belonging to Mr. H. C. Rowe. The result
cannot be satisfactorily ascertained. Mr. Rowe thinks that there isa
good set in the neighborhood of the spot where the young oysters
were deposited, but he is uncertain whether it is the result of Lieut.
Winslow’s labors or not. ‘The experiment will be repeated the com-
ing summer in various places, and in such ways that its results will
be accurately ascertained. If this plan is successful one of the chief
risks of the business will be avoided. The catching of a set is what
the oyster grower looks for with the deepest solicitude, and too often
with bitter disappointment. Notwithstanding all his care and prepa-
ration, the spat in the most mysterious and unaccountable way will
pass over his bed to fasten on his neighbor’s. This uncertainty is
one of the great disadvantages of the business. If science can meet
the difficulty and supply the oyster growers with artificially prepared
seed that will set on his shells, it will be a triumph that will revolu-
tionize the oyster industry and give it an impetus and development
heretofore deemed impossible.

Since writing the above the Bulletin of the United States Fish Com-
mission for October, 1882, has been received; and in it is published
a letter from Mr. J. A. Leonard, of the U. S. Consulate, Leith, giving

22

a brief report of the Edinburgh Fisheries Exhibition, from which
we make the following interesting extract:

‘«Mr. Byram Littlewood, of Huddersfield, England, exhibited oysters
“*produced by artificial contact of the sperm and ova in artificial sea-
‘‘water by a process of his invention. He claims that while an
‘American experimenter has succeeded in hatching the oyster, no
‘‘one but himself has succeeded as yet in growing it beyond one of
‘‘the earliest stages of development. He showed living specimens
‘‘which he had kept in continuous growth from three to five months,
‘‘which is as long as he has been experimenting in that direction,
‘‘and expressed full confidence in the practicability of hatching and
‘rearing oysters abundantly and profitably.”

It is noticeable that no intimation is given by Mr. Littlewood of
the process by which such valuable results have been accomplished.

A decision of Judge Nelson, of Boston, in a case pending in the
U. S. Circuit Court, reported in the newspapers a few weeks ago, has
caused no little excitement and alarm among oystermen. It was rep--
resented that, if sustained, it would invalidate that part of the boundary
agreement entered into between the two States relating to the division
of the Sound, and that neither New York nor Connecticut could
exercise proprietary rights in the Sound Fisheries. The subject was
deemed of sufficient importance to lead the Commissioners to seek
for a copy of the decision that its full force might be known, and a
copy has been obtained. The case before the Court was briefly as
follows: William Wallace brought suit against the Providence and
Stonington Steamship Company to recover for personal injuries and
loss of his baggage, caused by a collision on the Sound between the
Stonington and the Narragansett, two boats owned by the Company.
The defendants set up in their defence certain proceedings in the Dis-
trict Court of the United States for the Southern District of New
York, under the Limited Liability Act of March 3, 1851; whereby
they claimed that they were discharged from all further liability aris-
ing out of the disaster. To this answer the plaintiffs demurred, and
assigned seven separate causes of demurrer, all of which were overruled.
The first cause, and the one that gave rise to said report, was ‘‘ that
“the act of March 3, 1851, does not exempt from liability common
‘*carriers who are owners of vessels used in inland navigation.” ‘The
court in its decision says that ‘‘Long Island Sound isa part of the
Atlantic ocean, and its navigation is in no sense inland navigation
within the meaning of the term as used in Section 7 of the act.” It is
obvious that the sole question thus raised was whether the Limited

23

Liability Act applied to vessels employed in navigation on Long
Island Sound, and the Court held that it did. Neither in the argu-
ments presented, nor in the decision of the Court, were there any
allusions to the boundary agreement between New York and Con-
necticut, or to their respective proprietary rights in the Sound.
There is nothing in the decision, therefore, which should create any
apprehension in the minds of oyster growers. It should not be for-
gotten that this boundary line was not made in haste nor in ignor-
ance of the facts or of the law. It had been a subject of dispute and
legal controversy for many years. The gentlemen who were appointed
to represent their respective States in its preparation were familiar
with the history and the law of the subject; and above all they were
distinguished for their great experience and ability as jurists and
_ statesmen. After passing from their hands the agreement was sub-
jected to the careful scrutiny of many of the best judicial minds of the
country. It was approved by the Judiciary Committees, the Legisla-
tures and the Governors of both States; and was finally examined by
the Congressional Judiciary Committee, recommended for ratifica-
tion, adopted by Congress and sanctioned by the President. An
array of legislative talent like this in support of an agreement must
impose absolute confidence in its legality and binding force. For
the benefit of those interested in the subject, the act of ratification on
the part of the United States, which recites the boundary agreement
in full, is published in the appendix.

The Commissioners take great pleasure in expressing their acknowl-
edgments to Secretary Botsford and Engineer Bogart and his assist-
ants for the fidelity and efficiency with which they have uniformly
discharged their respective duties.

The laws pertaining to the oyster industry passed at the last session,
will be found appended. Attention is called to the fact that the
boundary line separating State from town jurisdiction as reported by
the Commissioners last year was changed in two places, one off Nor-
walk and the other off Saybrook, and the true line as adopted and
ratified by the State is found in Chapter CXXIII. of the session laws
of 1882. —

An inventory of the property now on hand, purchased by the Com-
missioners for the purposes of their work, with the cost prices thereof,
will be found in the appendix.

The financial statement for the year ends with November 30, 1882,
and is as follows :

24

STATEMENT OF THE FINANCIAL TRANSACTIONS OF THE OFFICE OF
SHELL FISH COMMISSIONERS FOR THE FISCAL YEAR
ENDING NOVEMBER 30TH, 1882.

Total amount of receipts, - Z =
From the following sources:

For deposit fee on survey, - - -
“ground, . - - - -
«“ drawing deeds and recording, -
‘‘ map tracings, - Spl sen -
“* cash for bolts returned, = -
«discount on bill of Crofut & Co., -

“cash from United States government for ad-

vances to schooner Palinurus, -

Total expenditures as follows, ‘to wit, -
Office sundry account, - - -

‘« salary account, - - -
Field expenses, - - - - -
Deposit fee returned, - - - -

Balance in bank December Ist, 1881, -
Drawn from State treasury, - .

Total amount of checks drawn, for which vouchers have

been approved by the Comptroller,

Balance in bank December Ist, 1882, -

SUMMARY.

Total receipts, - - 2 s =
Expenditures, - 2 = = 2

Excess of receipts over expenditures,
All of which is respectfully submitted, this

ROBERT G. PIKE,
WILLIAM M. HUDSON,

$3,283 45
14,928 33

108 40
30 50
4 86
2 0O

129 72

$559 35
3,075 03
6,496 54

207 20

$18,487 26

$18,487 26
$10,338 12

$10,338 12

$418 16
10,000 00

$10,418 16

10,338 12

$80 04

$18,487 26
10,338 12

$8,149 14

November 30, 1882.

GEORGE N. WOODRUFF,

Commissioners of

Shell Fisheries.

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Pisineers Keport.

To the Commissioners of Shell Fisheries of the State of Connecticut:

GENTLEMEN :—The effort of the year in the Engineer Department
has been to determine reference points in such number and of such
character as to make it possible to survey and map with exactness any
desired point in your jurisdiction, situated west of the Connecticut
river. ‘To accomplish this a thorough system of triangulation work
was undertaken and is completed. Your attention is called to the
sketch of this triangulation work which accompanies this report.

The survey of points on the Sound is effected under the Commis-
sioners by two observers measuring with sextants at the same moment
of time and at the desired point the two angles included between the
lines radiating from the point to three objects, the middle object being
in all cases the left hand object of the first angle and the right hand
object of the second angle. ‘To map points at which such observa-
tions are taken it is necessary that the precise latitude and longitude
of the objects obsetrved on, should be known. Lighthouse towers,
beacons, church spires, factory chimneys, and parts of buildings
which are pointed and prominent, compose the greater part of the
objects used for sextant work. It was, however, found necessary to
build thirty-five signals. It is desirable that a lease of a plotof ground,
say fifty feet square, should be obtained at such of these signals as are
needed permanently.

Before negotiating for such lease it would be well to prepare plans
of the signals which you desire to permanently erect. These signals
are few in number and can be built at a moderate cost. The actual
damage arising from the erection of such signals would be small, for
where property has great value there are enough structures of such
character as to furnish all the permanent signals needed.

26

The resurvey of Long Island Sound now in progress, by the
United States Coast and Geodetic Survey, has proved a present benefit.
The preliminary work necessary for making a hydrographic survey of
the Sound, being to a great degree like that required for your work,
you sought and, by the courtesy of Prof. J. E. Hilgard, Superinten-
dent, secured an arrangement whereby, for a consideration, one of
the Coast Survey triangulation parties should work at the western end
of the State and include in its work such points as you might wish
triangulated. The officer in charge of this work was Assistant Ger-
shom Bradford. ‘The number of triangulation points determined by
him during the year was 59;-number of signals built, 16; number of
measures of angles, 6,408. I desire to call your attention to the
fact that the western part of this triangulation is based on a primary
base line of the coast survey, namely: from Tashua to Bald Hill, a
distance of about twelve (12) miles.

The triangulation work executed directly by the Commission
shows the following results: Number of triangulation points deter-
mined, 59; number of signals built, 19; number. of angles observed,
237; number of readings of instrument, 1,408; number of pointings
of instrument, 4,245. This work was executed by Mr. John G.
Bramley. ‘The instrument used was a new eight-inch repeating
theodolite, reading by two verniers to ten seconds. It was made in
accordance with your instructions, last winter, by Fauth & Co., of
Washington, D. C. Beginning at the Faulkner's Island Light-
house, the Commission party worked east to the Saybrook Light-
house. All requisite data being available for a line from Faulkner’s
Island Lighthouse to North Killingworth spire, it was used as a base
line, the same having been determined by the Coast Survey in 1834-6.
The third point of the triangle was chosen at Cornfield Point. We
thus have a triangle whose sides are about eleven, twelve and four-
teen miles in length. <A glance at the triangulation sketch shows
how this large triangle is made useful for the determination of
the smaller ones. Great accuracy ensues from the use of large tri-
angles in any extended survey, and especially so in respect to your
surveys where perfect meridian lines are greatly needed.

Beginning at Rye spire, Mr. Bramley’s work extends east to Bell
Island; except that Round Hill and Stamford Light were determined
by My. Bradford. These points were, however, occupied by Mr.
Bramley for several days. The two stations on Long Island were
determined by Mr. Bramley.

It is probable that the triangulation work is in conception bold

27

enough and in execution good enough to meet tests to which expert
hydrographers may in the future put it, in view of the large property
interests involved.

To guard against the loss of the exact location of triangulated
points, through malice or accident, many precautions have been
taken. Stone monuments are set at all stations where a sufficient
amount of digging can be done. In addition, many underground
and surface marks relating to each station are of record at this office.
The triangulation work will be useful for any large local surveys
which may be made in the shore towns, and it would form a safe
beginning of a general survey of the State.

The integrity with which Mr. Bramiey prosecuted his work is
apparent. Mr. R. G. Pike, Jr., performed his duties as a recorder
faithfully and accurately, and was of much service on many occasions
by reason of his skill on the water.

Two weeks of time were devoted to a reconnaissance between the
Connecticut and Thames rivers. A description of the points selected
as desirable for Commission use was sent to Assistant S. C. McCorkle,
of the coast survey, and in charge of the triangulation work of the
eastern section of the Sound resurvey. You have his assurance that
so far as possible the request that such points be determined by him,
will be complied with.

METHOD OF LOCATING REQUIRED POINTS.

The question is often asked, how does the Commission set a buoy
at arequired point. Let it be assumed that the triangulation work
is completed and plotted. The plotting consists in first making upon
suitable paper what is termed a projection, which is simply a series of
rectangles constructed to scale and whose sides are equal to one
minute of latityde or longitude on the earth’s surface in this latitude.
The geographical position of each triangulated point having been
computed to the nearest hundredth of a second of latitude and longi-
tude and the seconds and fractions thereof reduced to meters, these
points are plotted in the proper position on the projection, and the
map is ready to have sextant surveys plotted on it, or a layout of lots
made on it. Suppose that we wish to set a buoy ata point on the
Sound identical with a point on the map. The first operation is to
place the center of a three-armed protractor over the point on the map.
Next three triangulation points or stations are selected which have
relative positions to the required point such as to produce a well

28

conditioned three-point problem. ‘The edge of the middle arm of
the protractor is made to bisect the needle point on the map which
represents the central station, then the other arms are spread apart
so as to pass through the right and left stations. When thus set,
the right and left angle are read on the protractor and recorded in a
field book. We are now ready to set the buoy on the water. Two
sextants are set at the angles as taken from the map, and we then
proceed to find the one point at which the stations observed reflect
one into the other with the sextants properly set.

THE BUOY WORK.

Early last spring efforts were again made to secure from the Coast
Survey the services of Assistant Gershom Bradford and the loan of the
schooner Palinurus. Prof. Hilgard signified his desire to continue
the work of the Coast Survey in this section, but stated that want of
means would prevent him from placing the Palinurus in commission
before July 1st, and that after that date the schooner would be needed
elsewhere. Upon an offer made by you to pay the running expenses
of the schooner she was placed in commission and arrived in New
Haven Harbor April 24th. As the Sound was too rough for buoy
work, Mr. Bradford spent the ensuing four weeks upon triangulation
work west of New Haven. The buoy work began on May 22d and
continued until July 13th, on which date Mr. Bradford resumed
triangulation work, the Palinurus being ordered to New London on
the resurvey of the Thames river. The number of buoys set and
buoys surveyed by Mr. Bradford and his assistant, Mr. Garland, was
213. Mr. Bradford kindly consented to allow Mr. John G, Bramley
and Mr. David C. Sanford to observe with him; and they did so for
several weeks, thus gaining experience which is of much value to the
Commissioners.

The steamer James Morgan was used for the greater part of this
buoy work. The observers stood on the upper deck abaft of the pilot
house. The buoy lay on the upper deck, but the buoy-stone was
held on the rail of the lower deck at the side. When ready to set the
buoy the sextants are set at the required angles and the second or
left hand observer takes an observation and says, ‘‘very large” or
‘very small,” as the case may be, and the first observer knowing the
condition of his own angle begins a series of orders to the pilot which
are intended to make the observed angles like the required angles.
Theoretically the point sought is at the intersection of two circles.
The right hand circle being one which passes through the right hand

29

and center signal and the point sought, and the left hand circle being
one which passes through the left hand and center signal and the
point sought.

The number of buoys set and sextant positions determined after
July 12th was.325. In 198 cases the right hand angle was taken by
myself, the left hand angle was by Mr. D. C. Sanford. The remain-
ing 127 points were located by Mr. Sanford and Mr. Bramley. The
practice of taking a sounding and a specimen of the bottom at each
point has been continued during the year. The character of the bot-
tom is noted at the time of the observations.

Concerning the surveys of oyster lots made during the year I might
say many things; but to make a full statement from the buoy books
would make this report too long.

The old map of the Bridgeport Town Committee serves to show
how uncertain some of the town records are. The map is a sheet of
paper on which appears a large number of rectangles, each one of
which represents a two acre lot. A glance at the map shows that it
is not drawn to a scale, and that nota single point is fixed by refer-
ence to any point on shore. Occupation becomes then practically
the only resort for ascertaining the location of these lots. Actual
surveys of the lots by ranges which are mutually recognized by neigh-
boring lot owners, but which are not on record, show that not a
single corner is a right angle, and that the area occupied is often too
large. If differences of opinion arise as to boundaries, it is difficult
under such circumstances to reach a fair conclusion. It is evident
that the map is simply a plan showing the relative position of the
two acre designations. It is of no value in ascertaining their loca-
tion on the Sound. For the permanent location of oyster lots it
appears that maps constructed in accordance with geodetic methods
are indispensable. Ranges are of much value, but are not always
sufficient. For example, in 1867 a certain tract was designated, off
Bridgeport, to Mr. Wheeler Hawley. As a part of his record title
certain ranges are given. ‘The eastern side ranges overa large elm
tree and a church. ‘The tree has been cut down, and the church
was burned some years ago. ‘The southern range is no longer deter-
minable. ‘The western range is a house over a steeple. The house
has burned. The northern range is the Black Rock Lighthouse
over the centre of the woods on Wakeman’s Island. The woods are
not of great extent, and so serve as a fair range. Approximations
were made by associating the objects which have disappeared with
other objects near by, and a good survey made of these ranges,

30

Ranges are seldom recoverable, and should not be the final resort for
the determination of property rights. I have found tracts to which”
the occupant had no legal claim. In some cases the occupant has
used the same ground for ten years or more. It is very desirable
that these parties should protect themselves by applying for such
ground to this Commission and get a title thereto. There is no
hardship in so doing, for in many cases they never have paid for the ©
ground. Another serious evil is the withholding from record the
records of grounds which were designated prior to the time of the
Commission. I would suggest that, if proper so to do, a law be
passed that after a suitable notice is given all such designations be
declared of no effect unless they appear of record on or before a certain
date. The law passed at the last session provides, in substance, that
if you can discover these people you can cite them before you and
cause them to show their claims. The difficulty is to discover the
existence of the claims. It has happened under town management
that the same ground has been designated twice over, and it would be
difficult to know that the party showing the claim was the party to
whom the ground was first designated.

The practice of dredging upon ground which is not buoyed out is
not a good one. If there are oysters enough to make it profitable to
dredge for them, the law should compel each owner to keep buoys
set on such ground while at work on the same. It will be claimed
that the buoys run under at certain times of the tide. This is true in
many cases, but if they are there they will appear now and again.
Perhaps a cheap buoy can be arranged so as to maintain an erect
position against a strong tide.

NATURAL BEDS.

The ranges which were testified to at various hearings as being the
limits of the natural beds, have been surveyed and mapped. The
results have been duly communicated to you and will without doubt
appear in your report.

DUMPING GROUNDS OFF NEW HAVEN.

In accordance with the intent of Chapter CXXVL., Section 1, of
the Public Acts of 1882, you reserved an area of 1,000 acres as a
dumping ground for all material taken from New Haven Harbor.
The northwest corner of this ground is a point which is five statute
miles magnetic south from the south-west ledge lighthouse. The

OL

area is square. The sides are laid out magnetic east and west and
magnetic north and south, and are 2,200 yards in length. A line
having a bearing of magnetic south and passing through the old light,
is about central to these grounds. As you desired that the reserve
thus made should also be the dumping ground for work executed by
the United States authorities, the matter was duly presented to Col.
J. W. Barlow, Major of Engineers, U. S. A., and in charge of river
and harbor improvements for this coast. He acquiesced, and thus
the reserve becomes the place of dumping for all work. A section of
this reserve was buoyed out on August 15th, r882. The buoys set
were at the northwest corner and on the north and west sides.

The number of acres deeded this year is 14,095. 2.

One hundred and forty applications, representing an aggregate
area of 23,162 acres, are pending; nearly all of which can be deeded
in time for the next shelling season.

The 75 applications which have been granted and deeded show a
reduction of area as deeded of about ten per cent of the area applied
for, which is due to various causes: the chief of which is the impos-
sibility of telling the number of acres within the boundary lines of
an application until the final survey is made.

SUMMARY OF EXPENSE CHARGEABLE TO THE ENGINEER DEPARTMENT.

Instruments, tools, office and field supplies, - - - - $1,076 92
Surveys, buoy setting, signal building and triangulation
work, including pay of men not under salary, - Ste RIES SE
Salaries, - - - - - - - - - =) 1£2;904) 55
United States Coast and Geodetic Survey, - - - = 2,156) o2
Steamboat hire, - - - - - - - - - 525 00
Lumber, - - - - - - - - ai sys 160 83
Traveling expenses of Engineer, - - - - SLAC Ee 269 gI
Postage, - - : - - - - - - - 25 61
Telegrams, - - - - - - - - - - IO gI
Express charges, - - - - - = - - - 13 10
Total, ma Par Gee at, iar = toe Hoo SO Eh Os

The first item of the above summary embraces the permanent outfit
of the Department. The principal articles are, one eight-inch repeat-
ing theodolite, one plain transit, four sextants, two field glasses, one
sextant protractor, two steel tapes, and one divided standard meter
scale. The value of the property on hand which is included as above
is $994.30. The property returnable to the Commission by the
Coast Survey is valued at $77.57.

54

I would express my thanks to Prof. J. E. Hilgard, Superintendent,
and to General Rickard D. Cutts, Assistant in charge of the U. S.
Coast and Geodetic Survey Office, for the many favors received from
them during the year. Assistant Gershom Bradford has conducted
his part of the work in much the same spirit and manner that he
would had the work been personal. I cheerfully acknowledge the
great value of such an associate. .

Messrs. Henry J. Lewis, Henry C. Rowe, and William A. Cum-
ming have on a number of occasions placed their steamers at my dis-
posal, without expense to the Commission. These courtesies com-
ing at critical times enabled me to materially expedite the work.
Judge Daniel S. Mead, Jr., tendered the use of his sloop for the sur-
vey of applications off Greenwich. ‘The disposition of the oyster-
men throughout the State has been to assist in the surveys. To
fully appreciate the value of their good will, one has only to attempt
like work.

During the year many disputes have been amicably adjusted by
your equitable dealing and your ability to produce safe maps. Obser-
vation leads me to think that confidence in the tenure of oyster fran-
chises is steadily growing.

Respectfully submitted,
JAMES P. BOGART,

Engineer for Commissioners of Shell Fisheries.

BS

Appendix.

CHAPTER: EXXXE

Of the United States Statutes, passed at the Third Session of the
Forty-sixth Congress, 1880-81.

AN ACT CONCERNING THE SETTLEMENT OF BOUNDARY LINES BETWEEN
NEW YORK AND CONNECTICUT.

Whereas, Commissioners duly appointed on the part of the State of
New York, and Commissioners duly appointed on the part of the State
of Connecticut, for the purpose of settling the boundary line between
said States, did execute an agreement in the words following, to wit:

“Memorandum of agreement by and between the subscribers, Com-
missioners of the States of New York and Connecticut, respectively, to
settle the question of the boundaries between said States, being thereunto
authorized by the resolutions of said States, respectively, passed by them
as hereunto annexed. That is to say, we, Allen C. Beach, Secretary of
State, Augustus Schoonmaker, Attorney General, and Horatio Sey-
mour, Junior, State Engineer and Surveyor, Commissioners of the State
of New York; and we, Origen S. Seymour, Lafayette S. Foster, and Wil-
liam T. Minor, Commissioners of the State of Connecticut, have agreed
and do hereby agree, to fix, determine, and establish the boundaries
between our respective States, subject to the approval and ratification of
the Legislatures of our respective States, in the following manner: We
agree that the boundary on the land constituting the western boundary
of Connecticut and the eastern boundary of the State of New York
shall be, and is, as the same was defined by monuments erected by
Commissioners appointed by the Legislature of the State of New York,
and completed in the year eighteen hundred and sixty; the said boun-
dary line extending from Byram Point, (formerly called Lyons Point),
on the south to the line of the State of Massachusetts on the north.
And we further agree that the boundary on the Sound shall be, and is,
as follows: Beginning at a point in the center of the channel, about six
hundred feet south of the extreme rocks of Byram Point, marked num-
ber O on appended United States Coast Survey chart; thence running in
a true southeast course three and one-quarter statute miles; thence in

34

a straight line (the arc of a great circle) northeasterly to a point four
statute miles true south of New London lighthouse; thence northeast-
erly to a point marked number one on the annexed United States Coast
Survey chart of Fisher’s Island Sound, which point is on the long east
three-quarters north sailing course drawn on said map, and is about
one thousand feet northerly from the Hammock or N. Dumpling
lighthouse; thence following the said east three-quarters north sailing
course as laid down on said map, easterly to a point marked number
two on said map; thence southeasterly toward a point marked number
three onsaid map, so far assaid States arecoterminus: Provided, how-
ever, That nothing in the foregoing agreement contained shall be con-
strued to affect existing titles to property, corporeal or incorporeal, held
under grants heretofore made by either of said States, nor to affect ex-
isting rights which said States, or either of them, or which the citizens
of either of said States, may have by grant, letters patent, or prescrip-
tion of fishing in the waters of said Sound, whether for shell or floating
fish, irrespective of the boundary line hereby established, it not being the
purpose of this agreement to define, limit, or interfere with any such
right, rights, or privileges, whatever the same may be.

“In witness whereof we have hereunto set our hand to this instru-
ment, and to a duplicate thereof, December eighth, eighteen hundred and
seventy-nine.

“ ALLEN C. BEACH,
“ Secretary of State,
* AUGUSTUS SCHOONMAKER,
“ Attorney General;
“HORATIO SEYMOUR, JR.
“ State Engineer and Surveyor;
“ Commissioners of the State of New York.

“QORIGEN Ss. SEYMOUR;
CARA Ad 8S. OS TER,
‘WILLIAM T. MINOR,
“Commissioners of the State of Connecticut.”

And, whereas said agreement has been confirmed by the Legislatures
of said States of New York and Connecticut respectively; therefore,

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the consent of
the Congress of the United States be, and hereby is, given to said agree-
ment, and to each and every part thereof; and the boundaries estab-
lished by said agreement are hereby approved: fArovided, however,
that nothing herein contained shall be considered to impair or in any
manner to affect any right of the United States or jurisdiction of its
courts in and over the islands or waters which form the subject of said
agreement. ~

Approved February 26, 1881,

D
DO

Laws relating to. Shell Fisheries, passed at
January Session, 1882.

CHAPTER, CXXJT.

An Act in amendment of an Act concerning the Fish Commissioners.

Be it enacted by the Senate and House of Representatives in General
Assembly convened:

Section one of part ten, chapter one, title three of the general statutes
(page 17) is hereby amended by inserting the words “‘ with the advice
and consent of the Senate” after the word “governor” in the first line
of said section, and by changing “four” to “three” in the second line
thereof, so that said section when amended shall read as follows: Three
Fish Commissioners shall he appointed by the Governor, with the
advice and consent of the Senate, each for three years, and until his
successor is appointed and qualified, who shall make complaint to the
proper informing officer of all violations of the laws relating to fisheries,
consider the subject of the introduction, protection, and culture of fish
in the waters of this State, co-operate with the Fish Commissioners of
other States, and make an annual report to the General Assembly.

Approved April 26, 1882.

.

CHAPTER CXXIII:

An Act Concerning Shell Fisheries.

Be it enacted by the Senate and House of Representatives in General
Assembly convened:

SECTION 1. The boundary line heretofore established by the Com-
missioners of Shell Fisheries for the purpose of dividing the shell fishery
grounds in Long Island Sound under the exclusive jurisdiction of the
State from those under town jurisdiction, pursuant to the provisions of
chapter one hundred and sixty of the Public Acts of 1881, is hereby
changed, and as so changed is accepted, ratified, established and con-
firmed by the State as such boundary line, as follows, to wit: commenc-
ing at Byram Point, the westernmost limit of the State at high-water
mark, at a rock covered by the outermost clump of cedars; running
thence in a straight line one and eight-tenths miles across the bays
and inlets to a big white rock at the extremity of a point designated
as Horse Neck Point on the U.S. Coast Survey map, and otherwise
known as Field Point; thence from said white rock at Field Point, in a
straight line in an easterly direction two and three-tenths miles across
the waters of the bay and inlets, to a large boulder on a point desig-
nated on the U.S. Coast Survey map as Greenwich Point, otherwise .
known as Flat Neck Point; which boulder is situated southerly of the

30

woods on said Flat Neck Point; thence from said last-named point, fol-
lowing the coast line at high-water mark‘seven-tenths of a mile to the
extreme southeast point of said Greenwich Point; thence across the
bays and inlets two and four-tenths miles to the most southern extremity
of Shippan Point at high-water mark; thence along Shippan Point at
high-water mark four-tenths of a mile to the southeastern extremity of
said point; thence two and six-tenths miles to the southern extremity
of Long Neck Point, at high-water mark; thence one and four-tenths
miles to Colyer’s Point, which is a point northerly of Fish Island; thence
one and four-tenth miles to Roton Point, otherwise known as Bell Island
Point; thence one-half mile to Southwest Point; thence following the
outside high-water mark of Sheffield’s or Smith’s, Copp’s, Goose, and
Cockenoe’s Islands six and five-tenths miles to Sherwood’s Point; thence
one and one-tenth miles to Farm’s Point; thence two and five-tenths
miles to Pine Creek Point; thence one and two-tenths miles to Shoal
Point; thence three and five-tenths miles to the most southern point on
the.sea-wall of Seaside Park at Bridgeport, said point being about south
from the centre of Myrtle and Waldemere avenues; thence three miles
to the southern extremity of Point-no-point; thence one and seven-
tenths miles along the shore at high-water mark to the southern extrem-
ity of Stratford Point, near the lighthouse; thence three and seven-
tenths miles to the South Side of Charles Island; thence one and two-
tenths miles to Welch’s Point; thence one and one-tenth miles to Pond
Point; thence one and seven-tenths miles to Merwin’s Point; thence
one and one-tenths miles to Oyster River Point; thence five miles to
South End; thence along the coast at high-water mark one and three-
tenths miles to Johnson’s Point, otherwise known as Darrow’s Island
Point; thence seven and nine-tenth miles to the centre of a large oval-
shaped boulder lying on Hatch’s Rock and about south of Mr. O. L.
Roberts’ white barn at Sachem’s Head; thence eight and four-tenths
miles to Black Boy Point; thence along the shore at high-water mark
three-tenths of a mile to Hammonassett Point; thence one and seven-
tenths miles to Kelsey’s Point; thence two and three-tenths miles to
Menunketesuck Point; thence three and nine-tenths miles to a point in
the town of Old Saybrook at high-water mark directly south of the
beacon on Cornfield Point; thence due south in the line of the meridian
one-third of a statute mile to a point; thence easterly in a straight line
to the outer end of the east jetty of the Connecticut River; thence to
Hatchett’s Point; thence two and seven-tenths miles to Black Point;
thence along the coast at high-water mark three-tenths of a mile to
the southeast extremity of Black Point; thence two and four-tenths
miles to Millstone Point; thence one and and one-tenth miles to
Magonk Point; thence along the coast at high-water mark one and
seven-tenths miles to Goshen Point; thence two and eight-tenths miles
to Avery’s Point; thence one and seven-tenths miles to Bluff Point;

vi :

thence one and one-tenth miles to Groton Long Point; thence along the
coast at high-water mark three-tenths of a mile to the southeastern
extremity of Groton Long Point; thence five and four-tenths miles to
Stonington or Windmill Point; and thence two and four-tenths miles to
Pawcatuck Point, the eastern limit of the State.

SEC. 2. So much of said chapter one hundred and sixty of the Public
Acts of 1881 as is inconsistent herewith is hereby repealed.

SEC. 3. This act shall take effect from its passage.

Approved April 26, 1882.

G€HAPTER CXXIV;

An Act Pertaining to Shell Fishery Grounds within the Exclusive Juris-
diction of the State.

Be it enacted by the Senate and House of Representatives in General
Assembly convened

SECTION 1. All questions and disputes touching the ownership,
titles, buoys, boundaries, ranges, extent, or location of any shell fishery
grounds within the exclusive jurisdiction of the State may be referred
*to and settled by the Commissioners of Shell Fisheries, who are hereby
empowered, on petition of any person interested therein, to summon all
the parties in interest, so far as such parties may be made known
to them, to appear before them at a time and place in the sum-
mons named, such summons to be signed by the clerk of said Commis-
sioners, and served by him or such other person as the Commissioners
may direct; whereupon, at such time and place named, or any other
time and place to which the hearing may be from time to time adjourned,
the party petitioner shall file a sworn statement of the facts as claimed
by him, to which any interested party may respond by filing a sworn
counter statement of the facts as claimed by him; and after hearing all
the parties interested, with their witnesses and counsel, the Commis-
sioners shall make their decision in writing as soon as convenient there-
after, which decision shall be recorded in the books of record in their
office, and the same shall be binding on all the parties in interest so
summoned or appearing, unless an appeal shall be taken from such
decision to the Superior Court in and for the county where the town is
situated, between whose meridian lines any portion of said grounds may
be, within ten days after such decision shall be filed by said Commis-
sioners with their clerk aforesaid, and unless such appeal shall be pro-
secuted to judgment, and said decision reversed by said Superior Court.
Said appeal may be taken in the same manner as appeals in civil cases
from justice courts.

SEC. 2. Every person filing a petition, statement, or counter state-
ment, as in the foregoing section provided, shall, at the time of such
filing, deposit ten dollars with the Commissioners of Shell Fisheries,

o8

who shall return to the prevailing party the sum so deposited by him,
and shall retain the money so deposited by the defeated party as a for-
feit to pay the expenses of the investigation, which money so retained
shall be accounted for and paid to the State Treasurer for the benefit of
the State.

Sec. 3. All applications, designations, papers and maps pertaining
to any allotment or designation of shell fishery grounds within the area
of the exclusive jurisdiction of the State, heretofore made by town offi-
cers, and all assignments of such grounds or of parts thereof which have
not been recorded in the office of the Town Clerk or of the Shell-fish
Commissioners, shall be left by the owner or owners, claimant or claim-
ants thereof for record, and shall be recorded in the office of the Shell-
fish Commissioners, or in the office of the Town Clerk of the town
between whose meridian lines said grounds or any part thereof are
situated, and they shall be so left within three months after a copy of
this section shall be posted in the Town Clerk’s office of the town where
such grounds are situated; and upon failure to leave such evidences of
title within such time, for record, the Commissioners of Shell Fisheries
may order the alleged owner or owners, claimant or claimants, to appear
before them at a time and place in such order named and show cause
why said grounds should not be deemed and treated as the property of
the State; and if such parties or any of them fail to appear as ordered,
or, on appearing, shall refuse to produce any evidences of title which
they may have or claim to have, or shall refuse to permit the same to be
recorded, or if they shall fail to produce any evidence of title, or shall
fail to show any reason for such failure to produce the same, the grounds
shall be treated, as against such alleged owner or owners, claimant or
claimants, as undesignated grounds belonging to the State, and said
Commissioners may thereupon designate the same or any part thereof
as provided by statute.

SEC. 4. The same fees shall be paid for recording or copying papers
and maps in the office of the Commissioners of Shell Fisheries as are
charged by town clerks for like services; and all fees so paid shall be
accounted for and paid to the Treasurer of the State for the benefit of
the State; and one of said Commissioners, or their clerk, shall have
power to sign and issue subpcenas in all matters of inquiry before them.

SEC. 5. Sections one and two of chapter seventy of the Public Acts
of 1879 are hereby repealed, so far as they may apply to shell-fish
grounds within the exclusive jurisdiction of the State; and section three
of said chapter is hereby amended, so far as it applies to such grounds,
so as as to read as follows, viz.: When any designation of shell-fish
grounds which are wholly or partially within the exclusive jurisdiction of
the State, contains therein a map thereof or refers therein to such map
lodged on file in the Town Clerk’s office, and the owner or owners of
the adjoining grounds, so far as they lie within the exclusive jurisdiction
of the State, do not agree as to the location of the line fixed by such

39 ‘

map, or if the boundary between such owners is a town boundary and
they disagree as to the same, one or more of such owners may apply to
the Commissioners of Shell Fisheries who shall thereupon notify all par-
ties in interest to file sworn statements of facts and copies of maps as
claimed by them respectively, and said Commissioners shall thereupon
appoint a surveyor who shall take such maps and statements and lay
out and survey the grounds in the various ways claimed, and if any town
boundary comes into question he shall ascertain and report upon such
boundary as it appears from the maps and records in the custody of the
respective town clerks of such towns. Thereupon he shall report his
doings, accompanied with the maps or copies of maps found by him
touching the dispute to the Commissioners of Fisheries, who shall there-
upon summon all parties in interest before them at a time and place to
be named in the summons, and after a full hearing of said parties, with
their witnesses and counsel, the Commissioners shall establish the line
in dispute, and cause the same to be located and marked by ranges and
buoys; and the lineso established shall be the true dividing line between
such grounds, unless an appeal is taken to the Superior Court, as pro-
vided for in section two of this act, and said decision shall there be re-
versed; and the costs and expenses of such proceedings shall be equally
divided between adjoining owners, who shall pay the same to the Com-
missioners upon the filing of their decision, and the same shall be ac-
counted for and paid to the State Treasurer for the benefit of the State;
and the cases provided for by this section shall not be deemed included
under section one of this act.

Sec. 6. All expenses necessarily incurred in carrying out the pro-
visions of this act shall be audited by the Comptroller, and paid by the
Treasurer of the State.

Sec. 7. All acts and parts of acts inconsistent with the provisions of
this act are hereby repealed.

Sec. 8. This act shall take effect from its passage.

Approved April 26, 1882.

CHAPTER CXXV.

An Act providing for the Taxation of Oyster Grounds.

Be it enacted by the Senate and House of Representatives in General
Assembly convened:

SECTION 1. All owners of shell-fish grounds lying within the exclu-
sive jurisdiction of the State shall, on or before the first day of Novem-
ber, annually, deliver to the Commissioners of Shell Fisheries a state-
ment under oath specifying the number of lots owned by them, the loca-
tion and number of acres in each lot, the number of acres in each lot
cultivated, and the value thereof per acre, the number of acres in eaeh

40

lot uncultivated, andthe value thereof per acre; and printed blanks for
such statements shall be prepared by the Commissioners and furnished
to such owners upon application to them or at their office; and upon
the failure of any owner to deliver such sworn statement to said Com-
missioners at their office within the time above specified, said Commis-
sioners shall make up such statement from the best information they
may obtain, and shall add for such default ten per cent. to the valuation
so made.

SEC. 2. All statements so delivered or made shall be alphabetically
arranged, and said Commissioners shall equalize, if necessary, and deter-
mine the value of all the property so returned and described in said
statements, which property shall be liable to taxation at the valuation so
determined, including the ten per cent. for default as aforesaid; and
said Commissioners are authorized and empowered to declare and lay a
tax thereon, annually, at the rate of one per cent. upon such valuation,
which shall be payable at the office of said Commissioners on and after
the first Monday in May, annually; and said tax shall be a lien upon
the grounds so taxed from the time it is so laid by said Commissioners,
until paid, and shall be in lieu of all other taxes on said grounds.

SEC. 3. If any tax so laid shall not be paid on or before the first
Monday in July the said Commissioners shall make and issue their war-
rant for the collection thereof, with interest thereon, at one per cent. per
month from the day such tax became due and payable until paid, to-
gether with the expenses of such collection, which warrant shall author-
ize any reputable person named therein to seize such grounds and any
oysters or other shell-fish thereon, or any other property of the owner
or owners thereof not exempt from execution, and to sell the same, or
so much thereof as he may find necessary, at such time and place, and
in such manner, and by such person as said Commissioners may direct,
whereupon such sale shall be so made, and such warrant shall be im-
mediately returned to said Commissioners by such person with all his
doings endorsed thereon, and he shall pay over to said Commissioners
the money received upon said sale, and they shall apply the same to the
payment of such tax and all the expenses thereon, including the ex-
penses of such sale, returning any balance that may remain to such
owner or owners; and all moneys received by said Commissioners in
payment of taxes and interest thereon shall .be accounted for and paid
to the State Treasurer for the benefit of the State, within thirty days
from its receipt. Said Commissioners shall each, in addition to the
bond now required by law, give a bond with surety in the sum of one
thousand dollars to the State, conditioned for the performance of the
duties imposed upon them by this act.

Sec. 4. All other shell-fish grounds lying within the waters of this
State shall be taxed in the same manner in all respects as real estate in
the several towns within the meridian lines of which such shell-fish

Al
grounds are situated, and no other tax or rental shall be laid or collected
on said grounds, or the franchise of any person therein.

Sec. 5. All expenses necessarily incurred in carrying out the provi-
sions of this act shall be audited by the Comptroller and paid by the
Treasurer of the State.

Approved, April 26, 1882.

CHAPTER CXXVI.
An Act regulating the Deposit of Material in Long Island Sound.

Be it enacted by the Senate and House of Representatives in General

Assembly convened:

SECTION 1. No person shall deposit or assist in depositing any sub-
stance except oyster shells and other materials used for making oyster
beds, in any of the waters of Long Island Sound, within a radius of five
miles from Southwest Ledge lighthouse off New Haven harbor, or in
any of the waters opposite Branford.

SEC. 2. No person shall deposit or assist in depositing any substance
except oyster shells and other materials used for making oyster beds, in
any of the waters of Long Island Sound, east of a line drawn due south
from Penfield lighthouse, without the consent of the Shell-Fish Com-
missioners, who, upon written request of any parties interested, are
hereby authorized and required within a reasonable time after such re-
quest, to designate and buoy out places off the respective towns on the
shore of the Sound, where such deposits shall from time to time be
made.

SEC. 3. No person, during the night season between sunset and sun-
rise, shall deposit or assist in depositing any substance except oyster
shells and other materials used for making oyster beds, in any of the
waters mentioned in the foregoing section.

SEc. 4. Any person violating either of the foregoing sections shall
be punished by a fine of not less than one hundred dollars nor more
than five hundred dollars: and the boat or boats from which materials
shall be deposited in violation of this act shall be liable to seizure, and
may be proceeded against in the same manner as provided in section
twenty-three, title sixteen, chapter four, part one, article one of the
general statutes.

SEc. 5. Nothing in this act shall apply to the construction of break-
waters, docks or any work ordered by the United States government.

Sec. 6. This act shall take effect from its passage.
Approved, April 26, 1882,

42

CHAPTER, CXaT.
An Act amending an Act Establishing a State Commission for the Des-

ignation of Oyster Grounds.

Be it enacted by the Senate and House of Representatives in General
Assembly convened:

SECTION I. Section three’ of chapter one hundred and sixty of the
public acts of 1881 is hereby amended by inserting after the word ‘“ ap-
plication,” therein first named in the ninth line thereof, the words ‘ or
by any joint stock company or corporation organized under the laws of
this State, all the stockholders of which are citizens of this State,” and
also by inserting after the words “such assignment,” in the thirteenth
line thereof, the words “or to any joint stock company or corporation
organized under the laws of this State, all the stockholders of which
are citizens of this State.”

SEC. 2. Section four of said chapter is hereby amended by inserting
after the words “ located as aforesaid,” in the nineteenth line thereof,
the words, ‘‘ or such other place as the Commissioners of Shell Fish-
eries, or a majority of them, may appoint,” and also by striking out the
words ‘“‘ actual cost,” in the twenty-second line thereof, and substituting
therefor the words ‘‘ sum of ten cents per acre, the estimated cost.”

SEC. 3. This act shall take effect from its passage.

Approved, April 25, 1882.

CHAPTISR IG;
An Act relating to Shell Fisheries in the Towns of Guilford and
Madison.

Be it enacted by the Senate and House of Representatives in General
Assembly convened:

SECTION 1. Any person who shall, with or without a boat, take,
gather, or collect more than two bushels of oysters, clams, mussels, or
shells, including any or all kinds of such shell-fish and shells, in any
one day, from the West river, in the town of Guilford, or from the East
river, or from the Neck river, or any part of either that is in the town
of Guilford, or in the town of Madison, or from that part of the Ham-
monassett river that is in the town of Madison, shall be fined not
more than twenty dollars, or be imprisoned not more than sixty days,
or both.

Sec. 2. Any person who shall take, gather, or collect any shells or
shell-fish by means of any kind of a dredge in the waters described in
the preceding section shall be fined not less than twenty-five dollars,
nor more than one hundred dollars, or be imprisoned not more than six
months, or both.

Sec. 3. No ground within the waters of the town of Guilford, or of
the town of Madison, shall hereafter be sold, leased, staked out, or in

AS

any way granted for the purpose of planting or cultivating shell-fish
thereon to any person or persons, or to any corporation, unless an ap-
plication in writing, containing a description of the location, bounda-
ries, and area of such ground, is filed with the Selectmen of the town
wherein such ground is located, and the same published at the expense
of the applicant, in the nearest weekly newspaper, at least three weeks
before such application is acted upon by such town, and no grant or
lease of such ground shall be made unless first approved by a two-
thirds vote of a town meeting of such town, legally called for that pur-
pose.

SEC. 4. The powers of the oyster-staking committees of the town of
Guilford and of the town of Madison shall cease on the passage of this
act, and their respective powers and duties shall be exercised and per-
formed by the Selectmen of the said respective towns, who, subject to
the control of their respective towns, shall have charge of all the shell-
fisheries and shell-fish ground therein not granted or leased to others,
and each of said towns may authorize its Board of Selectmen to appoint
‘two or more special constables, who shall have power to inspect and
measure shell-fish and shells taken in violation of the provisions of this
act, and to arrest any person taking, or who has taken and has in his
possession, shell-fish or shells, taken in violation of the provisions of
this act; and the said town shall provide for the payment of such special
constables as they may respectively appoint, and may enact by-laws,
not inconsistent with this act, for the proper protection and control of
all the ungranted shell-fisheries and shell-fish grounds within the limits
of said respective towns.

Sec. 5. Informing officers in either of the towns of Guilford or Mad-
ison may make complaint of any violation of any provision in sections
one and two of this act, and any Justice of the Peace of either of said
towns shall have jurisdiction of such complaints.

Sec. 6. This act shall take effect from its passage, and all acts or
parts of acts inconsistent herewith are hereby repealed.

Approved, April Ig, 1882.

CHAPTER CIT.

An Act amending an Act relating to Fisheries for Shell-fish in Tide-

waters and Rivers.

Be it enacted by the Senate and House of Representatives in General
Assembly convened:

Section one, chapter twenty-three of the public acts of 1875 is hereby
amended by adding at the end thereof the following, viz.:

But the provisions of this section shall not apply to the designation of
oyster grounds under the exclusive jurisdiction of the State.

Approved, April 19, 1882.

+t
CHAPTER CVIIL.

An Act to Prohibit the Dumping of Mud and other Substances in
Norwalk Harbor.

Be it enacted by the Senate and House of Representatives in General
Assembly convened:

SECTION 1. Every person who shall deposit or assist in depositing
any mud or other substance, except oyster shells or other materials
necessary for making oyster beds, in Norwalk harbor, or at any place off
the town of Norwalk inside of a line running due east and west from a
point due south a distance of one mile from Green’s reef government
buoy, or who shall deposit any substance in any of said waters during
the night season, shall be fined not less than fifty dollars nor more than
five hundred dollars, or imprisoned not more than six months, or both.

Sec. 2. Any Justice of the Peace in the town of Norwalk shall have
cognizance of any complaint for violation of any provision of this act.

SEC. 3. This act shall take effect from its passage.

Approved, April 25, 1882.

hu %
Fou

Grate OF CONNECTICUT, |

~S== LBS A=)

a
EH

THIRD REPORT

OF THE

SHELL f ISH, (JommissionERs

é

OF THE

STATE OF CONNECTICUT,

TO THE

General c Eissembly, C January : Session, : avon ®

MIDDLETOWN, CONN.:
PELTON & KING, STEAM PRINTERS AND BOOK-BINDERS.
1884.

STATE OF CONNECTICUT.

REPORT.

Lo His Excellency the Governor and the General Assembly of the State of
Connecticut :

The Commissioners of Shell Fisheries respectfully present their
Third Annual Report.

The work of the Commissioners during the past year may be con-
sidered under the following divisions :

1. Old grounds designated by Town Committees within State
jurisdiction.

2. Grounds designated by the Commissioners.
Natural beds.
Buoying.
Mapping private grounds.
Appraising and taxing grounds.
General remarks,

DY Rw

OLD GROUNDS.

Before the passage of the act of 1881, whereby the State grounds
were placed in charge of your Commissioners, all designations were
made by town committees. With few exceptions, these committees
were composed of men more familiar with the water and its industries
than with law. Although acting with the best intentions, their work
was defective and incomplete. In many instances designations were
made according to sketch maps, which were roughly lined out into
rectangles, regardless of proportions or distances; each rectangle
being supposed to enclose two acres. In describing a two-acre des-
ignation it was generally said to be bounded by the adjoining owners;

4

as for example, ‘‘ North by John Smith, East by William Brown,”
and so on. And this was all the documentary evidence afforded for
determining the correct position of any piece of designated ground.
So far as the title came under consideration, the Commissioners had
but little difficulty; for however imperfect it might appear, if there
was any evidence that the designating committee had endeavored in
good faith to make a grant according to law, the Commissioners
were bound to recognize, and did recognize, it as sufficient, in pur-
suance of Section 8, Chapter CLX. of the laws of 1881.

But when it was attempted to ascertain the exact locality of a lot so
designated, difficulties were presented that seemed insurmountable.
Taking a group of designations mapped as above stated and going
upon the ground to locate them, it was found in some instances that
there was not ground enough to satisfy the claimants; and some had
buoyed out what they honestly supposed to be their designated
ground, but which on examination proved to be ona neighboring
owner, or on land entirely outside the map. Fortunately, a large
proportion of these grounds had not been cultivated, and shifting the
owners on to their proper territory was accomplished with little or no
trouble. But where there was not sufficient ground to satisfy all the
designations, one of two results followed: either the claimants had to
be recognized in the order of the dates of their respective designations,
in which case the last claimants found little or no territory to satisfy
their claims ; or, the claimants had to agree among themselves, that
each should lose a little in order that all might havea share. ‘The
first result has happened in one or two instances where no serious
loss followed ; but the second result has been the more frequent one.
The oystermen fully appreciating the situation, have generally acted
in a commendable spirit of forbearance and good will towards each
other, and under the advice of the Commissioners they have so ad-
justed their respective claims that every one received something under
his designation. Most questions of this character are now settled.
There are some in the western part of the State that cannot be deter-
mined until further surveys are made ; but it is expected that during
the current year these too will be settled, and the way made clear for
completing the State maps.

COMMISSIONERS’ DESIGNATIONS.

The number of applications made for oyster grounds between
November, 1882, and November, 1883, was one hundred and eighty-
three (183), covering an area of fourteen thousand six hundred

5

eighty-seven and four-tenths (14,687,4,) acres. One application was
cancelled ; two were withdrawn and six rejected, aggregating an area
of 752.8 acres. The whole area of grounds deeded the past year is
fourteen thousand nine hundred seven, and ninety-three one-hun-
dredths (14,907,%%,) acres, which netted to the State the sum of
sixteen thousand three hundred eighty-two, and sixteen one-hun-
dredths (16,382.16) dollars.

During the three years of their service the Commissioners have
sold 38,548,%. acres, which netted to the State the sum of $42,403.79.
Besides this, 12,5398, acres more have been allowed, and deeds
therefor ordered, which will net the further sum of $13,793.78. All
the applications made in 1881 have been acted on, and there is no
unfinished business for that year. For the year 1882, twenty deeds
remain to be drawn, two deeds await surveys, two applications are
contested, and five deeds await payment. For the year 1883, seventy-
six deeds remain to be drawn, nineteen await surveys, five are con-
tested, and five await payment. All deeds are drawn as soon as
practicable. Any delay happening after an application is granted is
generally due to the want of some data necessary to an accurate
description, or to unavoidable accident. Rejected applications have
generally been owing to the fact that the grounds applied for were
on natural beds, or had already been designated to others.

There have been several applications for grounds, which on inves-
tigation were found to be in possession of persons who had not a
shadow or pretence of title. ‘These persons had buoyed out, and in
some instances had planted, the grounds without authority. Although
they had opportunity to get a title for them from the Commissioners,
they neglected to do so, and they also failed to list the same for taxes.
It was obvious that they designed to defraud the State. The title
was evidently in the State, and it was the duty of the Commissioners
to grant it to the first applicant who should take the necessary legal
steps to obtain it. In such cases, however, if the party in possession
had any stock upon the grounds he was allowed a reasonable time to
remove it. The attention of the Commissioners has been called to
several other cases of this character, and it should be clearly under-
stood that the Commissioners have no option, but are bound by law
to make sale of such grounds, and cover the price of them into the
State Treasury, whenever a proper application is made for them.
Two or three years’ illegal occupation creates no right which the
Commissioners can respect. It is hoped that persons who flatter

6

themselves that they can secure a title or gain any advantage over
honest applicants, will be wise in time, and if they wish to hold
the ground they occupy, they will make inimediate application and
pay for the same.

NATURAL BEDS.

The difficulties attending the work of outlining, surveying and
mapping the natural beds were fully explained in the Report of 1883.
The conclusion then reached by the Commissioners was that arbitrary
straight lines, which were approximately true, were the only practical
boundary lines for these beds; these lines to be so chosen that the
entire natural bed shall be enclosed ; while each line shall have a
convenient range with prominent objects on the shore, so that the
oystermen can readily find, and keep within, the limits of the bed.

The Commissioners have followed this rule in exploring, surveying
and mapping the natural beds of the State; and they have completed
their work upon all except the Fish-Island and the Roton-Point Beds.
Relative to these, a number of hearings have been had and consider-
able testimony of a conflicting character has been taken. The beds
have been explored by dredging and otherwise; but with the excep-
tion of the South line, commonly known as ‘‘the old Committee’s
line,” an exact description, at present, is impracticable. Besides this,
the territory on and around the beds is in litigation, and as valuable
interests are involved, the Commissioners deem it unwise to prejudice
in any way by their decision the interests of contending parties.

A complete description of the eight natural beds which have been
determined will be found in the appendix to this report. They have
been carefully prepared, and the Commissioners respectfully recom-
mend that they be ratified and confirmed by statute.

The following is a list of these beds :

Cormell Reef, Natural Bed, - - - - - 15
Portchester, as a : z 2 _ . 218
Great Captains, ‘“ ac - = 5 s = 152
Field Point, es as - - - - - 84
Greenwich Point, “ a6 = = = = = 403
Fairfield Bar and Fairfield, Natural Bed, - - = 15237,
Bridgeport, a ae - : : 334
Stratford, sf oe ® 2 Sa e55

Total number of acres, - - - - - 5,498

Z

BUOYING.

When the Commissioners began the work imposed upon them by
the State, about 45,000 acres of ground had been designated by town
committees within the area of State jurisdiction. A few of the lots
so granted were buoyed out by the owners, but not with any degree
of accuracy, except in a few instances. The law required that these
lots should be surveyed, mapped and buoyed under the supervision
of the Commissioners. The aggregate area designated by the Com-
missioners during the past three years is 38,548 acres, which have
also to be surveyed, mapped and buoyed. The whole number of
acres thus subject to the care of the Engineer is 83,548, besides
15,714 acres awaiting the action of the Commissioners. The work
thus required of the Commissioners involves not only a vast amount
of severe labor, but extraordinary patience, exactitude and skill. It
is due to the members of the engineering department, Messrs. Bogart,
Sanford, and Pike, Jr., to say that they have discharged their duties
in this perplexing and fatiguing work with an alacrity and ability that
deserves the highest commendation. The elaborate triangulation
work upon which the accuracy of the surveying, mapping and buoy-
ing depends, extending from the State boundary at Rye to the Con-
necticut River, was completed last year, and all the mathematical data
pertaining to the angles, signal points and objects of reference have
been tabulated for practical use. The whole number of triangulation
points determined is 118, and this after repeated observations and
scientific tests. Of these points, thirty-five are marked by signals
built generally in tripod form by the Commissioners; the rest con-
sist of prominent natural or artificial objects, such as steeples, chim-
neys, light houses, trees, etc.

Thus has been established fer all future time, an accurate and per-
manent basis, in reference to which the exact position of any point
on the water may be determined. And the ascertainment of such
points on the water is what has occupied much of the time of the
engineers the past year. Having possession of the data of all the
triangulation points, the engineers had only to go upon a lot, take
the sextant angles formed by three lines radiating from a corner and
extending over known signal points, they could easily determine the
exact geodetic position of that corner and place it on the map; and
so of all the other corners. In this way not only the location of the
lot but its correct area is secured. Experience shows that most of
the uncertainty and difficulty of surveys on the water are avoided

S&

by this application of exact science to the work. Without such a
method, too, many valuable designations far away from the shore
could not have been made. Besides this, the Commissioners have
thereby been supplied with valuable data for the settlement of the
many disputes growing out of the inaccurate descriptions of town
committees.

The number of buoys set was 347. The setting of a buoy is of
course preceded by a search for its proper place. This is done by
two observers, each having a sextant, and observing simultaneously.
The approximate position having been reached, the boat is slowly
moved about under the principal observer’s orders, and when the true
position is reached, which gives both observers the true sextant angles,
the buoy is dropped upon the spot. It is clear that considerable
time is required to set a buoy. In addition to the 347 buoys thus
set, the true places of 431 old buoys have been surveyed, the results
tabulated, and the buoys reset.

The Commissioners’ State line touches various points or headlands,
and it has been found that disputes were likely to arise unless the
points where the line touched were accurately determined. This has
been done at eleven places, the names of which appear in the engi-
neer’s report. All these points are on the high-water line according
to law.

MAPPING.

It is obvious, upon a moment's reflection, that all the work above
described is necessarily preliminary to the making of a map for the
State, and sections thereof for the towns. As fast as the facts are pro-
cured, as stated, they are brought to the office and properly arranged
and digested for use. Copies of the records of town designations,
prepared by the Secretary, are at hand, and no lot is placed upon
the map until a careful examination is made of its designation,
in the light of the Engineer’s survey. If no objection appears, the
lot is given its true place and exact area on the map. ‘This work
requires mathematical exactness and great skill in the use of scientific
instruments. It is a work that cannot be done hurriedly. Still it
has been pushed almost to completion, and during the coming year
it is expected that every town will have its map supplied by the office
according to law.

TAX Es.
Taxes were laid upon the oyster grounds within State jurisdiction
for the benefit of the State for the first time during the past year.

i)

Every dollar due to the State was collected and paid into its Treasury,
amounting in the whole to the sum of $3,681.47, and this without
resorting to legal measures in a single instance.

No pains were spared by the Commissioners in the preparation of
the requisite blanks, and due notice of the tax was given to all parties
liable, with ample time to fill out the blanks and return them to the
office. Yet a large number of owners failed to return their lists within
the time required by law. This was doubtless owing ina great degree
to the novelty of the duty and to ignorance of the law. Notices were
sent to all delinquents, and before the tax became due and payable
the lists were completed and a penalty of ten per cent additional to
the list was imposed on delinquents, pursuant to the requirements of
the law. Ina few instances obvious attempts were made to conceal
ownership and evade the tax. The incomplete state of the surveying
and mapping and the defectiveness of the town designations afforded
favorable opportunities for such attempts; but it is believed that most,
if not all, of them were frustrated, and little or nothing has been lost
to the State. It is due to the great body of oyster-growers of the State
that the Commissioners should say that when the tax bills became
due and payable, the greater number of them were promptly paid.
The rest were collected by dint of repeated notices and personal
importunities. The management of the details of this business was
mainly the work of the Commissioners’ Secretary, Mr. Frederick
Botsford, to whose efficiency these admirable results are largely due.

The Commissioners confidently believe that the present year’s taxes
will exceed those of last year by a considerable amount. The whole
area designated last year will be added to the lists; the value of new
grounds brought under cultivation will be enhanced ; and the general
success of the oyster industry must operate to improve the prices of
grounds everywhere in the Sound. Hence a much larger aggregate
valuation will appear in the lists, from which a much larger aggregate
tax will be gathered.

There is another important fact which bears upon this subject, one
to which the Commissioners feel constrained to call particular atten-
tion: By law all owners are required to file with the Commissioners a
statement, wnder oath, wherein they shall give not only the number of
acres owned by them, but also she value thereof per acre. With many
honorable exceptions, the valuations of cultivated grounds have
been set in the lists at ridiculously small figures. A reasonable
estimate would unquestionably increase these figures tenfold. A
comparison of the lists with each other is conclusive of these under-

10

valuations. Adjacent lots, of like character and condition in every
respect, are valued, the one five, ten or fifteen times more than the
other, and this simply because one owner has a better moral sense than
another. Some men deem it commendable to deceive the tax gatherer.
They do not seem to realize the fact that in doing so they commit per-
jury and rob the State. So great were the differences in the valuation
of grounds given in the lists, the Commissioners were compelled to
perform a great amount of labor before they could approximate toa
reasonable equalization of values; and in doing this the figures were
largely increased ; and yet not without great misgiving in many cases
that the increased valuation was not as high as it ought to be. The
novelty of the work of making an entire new list without any previous
list for a guide, and the difficulty experienced in procuring informa-
tion except from parties directly or indirectly interested, forced the
Commissioners to place the estimates below, rather than above, the
true valuation. With the last year’s list as a guide, and the informa-
tion accumulated during the past year, it is expected that lists will be
more accurate, and thereby a larger return will be made to the State.

The plea, so often heard, that the oyster industry of the State is in
its infancy and should consequently be lightly taxed, is more plausible
than sound. It is true the industry is in its infancy, but the infant
has had a gigantic development and growth, and is fully able to bear
its fair share of public burdens. The pioneers of deep water plant-
ing have been so long and so conspicuously successful that their
business must be regarded as established. The many who have more
recently embarked in the business have doubtless been prompted so to
do by the reasonable prospect of a like success. In view of the
cheapness of grounds, and the moderate cost of cultivating, the net
profits must be considered large. It is admitted that there are risks
in the business, and that serious losses sometimes arise from storms,
noxious animals and other causes; but the chances of profit are not
thereby materially diminished. In the long run the results are quite
as gratifying as are those of the best mercantile or manufacturing
industries. This is corroborated by the experience of those who
have been longest in the business in this State, and also of most of
the Rhode Island cultivators. The grocer or butcher just starting in
a business where he has invested his capital, it may be his all, would
not think of asking any reduction or exemption from tax because his
business was in its infancy. He knows that whatever property he
owns is subject to taxation, regardless of the risks attending upon its
investment. And so it is with the oyster grower: there is no valid

ne!

reason why his property should not be fairly appraised and a fair tax
raised thereon. Judging from the lists which have been presented
for this year’s taxes, it is believed that a better view of this subject
begins to prevail among the oystermen.

GENERAL REMARKS.

From information obtained from time to time throughout the past
year, it is believed that the cultivators have generally been prosperous.
The area of cultivated grounds has been annually increased for several
years, and the crops last year were larger than ever before. The
weather during the last season was favorable for spawning, and a very
large set was the result, and it is doing well. The oysters this year
are of excellent quality, and great quantities have been sold in the
home markets and many thousand bushels shipped abroad. ‘The
star-fish has done considerable damage, in some cases ruining whole
beds in an incredibly short time. But as the oyster cultivators become
more familiar with their habits, they are enabled to fight them with
better results. It is a fact that cannot be too often repeated that
constant watchfulness is necessary to protect the oysters from these
ravenous marauders. It is well known that those who neglect their
beds suffer most, while those who exercise due vigilance are compar-
atively free from molestation. Those who have steamers find them
very useful in this important work. It has been asserted that the
natural beds are the chief breeding grounds of the star-fish, and that
grounds in their neighborhood have suffered most from their attacks ;
and the reason given for this is that the natural beds are worked only
in the best paying places, while the neglected parts are left to the
undisturbed enjoyment of the star-fish, The following letter gives
an interesting account of the experience of Mr. Henry J. Lewis, one
of the largest cultivators in the State, during the past year :

BRIDGEPORT, CONN., December Ig, 1883.
Fon. R. G. Pike, Chairman of Shell Fish Commissioners «

DEAR SIR:—In compliance with your request, I have made inquiries
about the number of star-fish caught off Stratford and the amount of
damage done by them, etc., and find by as careful an estimate as can
be made that the owners of oyster grounds adjoining the Bridgeport
public bed (from whence these star- fish came) caught between Novem-
ber 1st and December 14th (11,000) eleven thousand bushels of star-fish.
These star-fish have spread over and destroyed five hundred ‘acres of

12
oysters since about October 15th. These oysters were mostly the
planted crops of 1881, 1882 and 1883.

In estimating the value of this crop, I estimate what it would amount
to when gathered, as it would be as difficult to determine the loss now
as it would be the destruction of a crop of growing grain.

At a low estimate, they have destroyed oysters which would have
made a crop within the next three years of two hundred thousand (200,-
000) bushels, and possibly twice that amount.

We have had from six to ten steamers at work constantly catching
star-fish from about November Ist, at an expense of at least five thou-
sand ($5,000) dollars, and we are still catghing them. It appears that
We are gaining on them, and we hope to keep them within their present
limits ; but how long it will take to catch them, or how many more there
are to come from the public bed we do not know. How much more
damage they will do to the oysters we can not estimate.

Oysters like the crop destroyed bring from fifty cents to one dollar
per bushel, as we take them up when two, three and four years old, so
that the loss exceeds one hundred thousand dollars ($100,000) already.

These star-fish are the hatch of 1882, and were first seen in July and
August of that year, attached to the shells on the public bed.

They were small, round, orange colored spots, having the outline of a
star on them. They measure now from two to four inches across.

The larger portion of the men who work on the public beds have
thrown the star-fish back on to the bed again after catching them.

Yours respectfully,
EL, J. LEWIS:

Two statements in Mr. Lewis’ letter deserve special notice: the one
that the star-fish breed on the public beds, and the other that a large
portion of the men who work on public beds throw the star-fish back
upon the bed after catching them. The Commissioners have repeat-
edly heard similar statements from other cultivators, whose business
gives them frequent opportunities to observe the beds and those who
work upon them. !

Mr. Henry C. Rowe, another of the largest, and one of the most
successful cultivators, says :

“We spent twelve hundred dollars working at stars. One steamer
was at work steadily for about nine weeks, and another at intervals as
she could be spared. The star-fish were very large, some over one foot
across from tip to tip. They came on to two of our lots, which were
two miles apart. They struck in about the first of September, but we
cleaned them pretty nearly all out. If we had not done so, the crops on
both pieces would have been destroyed.”

The steamers of the Messrs. Hoyt Brothers, Lancraft Brothers,

13

Smith Brothers, and other large planters, have been of great service
in catching and removing these destructive visitors. Sail vessels are
of but little use in the work. But if all who are interested would
honestly codperate in efforts so essential to the protection of their
property, it is believed by those who are best informed upon the
subject that the loss to the industry would be trifling. The natural
or public beds are not so carefully and thoroughly worked as the
private beds are, and no systematic efforts are made to destroy the
star-fish. This can be done efficiently only by the steamers, and
these are not permitted on the natural beds. Doubtless some are
caught in the dredges of the sail boats, but they are few in number,
and if these are thrown back upon the bed, as is generally alleged,
their net catch of the stars amounts to nothing. Under these circum-
stances it is obvious that the natural bed affords the most favorable
condition for their rapid multiplication.

One would suppose that self interest would naturally prompt those
who get their living from a natural bed to be solicitous to protect
and preserve it—but it is not so. The avarice of to-day blinds them
to the prospects of to-morrow. In the free scramble for the oysters,
they have no thought but ‘‘to keep what they get and catch what
they can,” and it would be lost time to them to dredge for stars
while others dredge for oysters. In this spirit, too, when assorting
their catch, they throw overboard the stars with the other refuse
matter.

The Commissioners would not give the impression that all the men
who work upon the natural beds are open to these charges; nor
would they give the impression that the natural-bed oystermen as a
class are any worse than the same number of men in any other occu-
pation. The Commissioners have found them, with few exceptions,
honest, industrious and well disposed. No one can be reasonably
blamed for omitting to do that which is the joint duty of all—for
failing to codperate where codperation is impossible. If the public
beds, therefore, are to be kept clear of stars, it must be done in some
other way than by the voluntary efforts of the oystermen. Those,
however, who throw back upon the bed the stars they have caught in
their net, are inexcusable, and deserve punishment. ‘There is a law
against throwing stars upon any beds, but it is difficult to detect the
offenders. This is of minor importance, however, when compared
with the necessity of adopting some method of checking the growth
of the stars.

Those who work on these beds sell their catch to the cultivators

14

for planting, and it is as much for the interest of the one class as of
the other that the beds should be protected and perpetuated. It has
been suggested that for a small consideration one or more steamers
might be employed, as occasion may require, to go over the beds
with dredges adapted to catch only stars. If this should be done
under the supervision of the Commissioners, it is believed that no
reasonable objection to it could be made by any one, and all parties
interested would be greatly benefited. Immense areas of cultivated
ground surround the natural beds, which are the property of the
State, and the State is bound to so manage them that they shall not
become breeding grounds for nomadic nuisances—so destructive to
private property.

Various mechanical devices for the extermination of star-fish have
been tried; among the best may be mentioned that invented by
Messrs. Lancraft & Homan, of Fair Haven, in this State. Their
contrivance is a modification of the common oyster dredge, with a
light front bar fitted with teeth like a rake, the net being set about
six inches behind this bar and a few inches higher than when used to
gather oysters. Its efficiency is due to the fact that when the dredge
passes over the bed its teeth stir up the star-fish and oysters together,
but the oysters fall back upon the bed, while the star-fish, being
lighter, rise above the oysters, and the current immediately drifts
them into the bag. There is good reason to believe that the success
of this contrivance is assured. Lighter dredges can also be made for
the use of the sailing vessels.

One would suppose that these star dredges might be kept out con-
tinuously and so catch a mess whenever the boat is in motion, whether
working its oyster dredges or otherwise employed. If this is practi-
cable, there would be such a continual destruction that extermination
must follow in a very short time.

Allusion has been made to Rhode Island cultivators. A glance at
the oyster industry of that State will prove interesting and encourag-
ing. For the last twenty-two years the land in that State has been
rented by the State to oyster-growers. The uniform increase of the
business will be seen in the following statement of the rents paid the
State since 1863 :

1863, - - = = = = - = - $60 00
1864, - = = = S = = 2 = 61 00
1865, - - - - - - - > = 737 72
1866, - - - - - - - - - 661 27

1867, = = - = = - - = = | 1,563 50

1868, - - - - = - = - $1,814 40
1869, - - - = = - = = - 1,949 15
Ca 7S CSA et 0 eR Se ae 2507/40
1871, - - - - - - - : - 2,186 63
1872, - - - - - - - - #1 2.772605
a7 Bo | ve ee ale en eR El? (ose ts)
1874, re = Fe > e a "3 E a 4,997 05
1875, - - - - - - - - = 1276 00
1876, - - - - - - - - - 5,300 00
1877, - . - - - - - - - 6,045 2

1878, - - - - - - - . - 6,582 go
1870, - - - - - - - - - 7,860 00
1880, - - - - - - - - - 8,190 00
1881, - - - = - : - = =!) 9333090
1882, - - - - - - - - - 9,850 00
1883, - - - - : = : < - 10,312 00
1884, estimated, - : = = - = - [11,000 00

About 11,000 acres are now occupied by private beds, which yield
annually about 1,000,000 bushels of oysters, valued at $1,500,000.

The total area of cultivated ground in Connecticut in 1882, under
State jurisdiction, was 9,007 acres, according to the tax list of that
year. The area then cultivated under town jurisdiction is not
known, but an average of the various estimates given would make it
at least 2,000 acres. This would make the whole area of Connecticut
in 1882 about equal to that of Rhode Island in 1884. During the
last two years, however, our area has been largely extended and there
are probably not far from twenty thousand acres under cultivation
to-day. There were 216 owners in 1882 against 290 in 1883, and the
number increases annually. Of these owners only five have five acres
and under apiece, twenty-two have between five acres and twenty
acres, apiece, and the remaining two hundred and sixty-three have
twenty acres or more apiece. With few exceptions most of these
owners are practical oyster-growers, and they have bought the grounds
with the design to cultivate them, and there is good reason to believe
that inasmuch as the industry in Connecticut has, in less than ten
years, attained a growth equal to that of Rhode Island in twenty
years, its prospects of a still greater development in the future are
excellent.

It is noticeable that with the increase of the oyster industry,
steamers are fast taking the place of sailing vessels. Every year new
steamers appear on the grounds. While the sailing vessels are sub-
ject to the winds and tides, and can work only in pleasant weather,

Eis OR OY Ss LE ol Bair ins.

A
°

The following table

Seaecieeeed ¢

16
There are now on the Sound, belonging to ,

STEAMER. CAPACITY. OWNER. CAPTAIN. Locatity.
Gordon Rowe, 1,300 Bush, | H, C. Rowe, H. C. Rowe, New Haven.
Wm. H. Lockwood, ro 010 a H. C. Rowe, Harvey Barnes, Lt
J. & G. H. Smith, OOO aE J. & G. H. Smith, Wm. H. Davis, a
Smith Bros., 1,600 << Smith Bros., Marcus P. Smith, me
Molly, 200 <* G. W. Dayton, G. W. Dayton, it
Emily Mansfield, 800 *§ F. Mansfield & Sons, Wm. F. Mansfield, ce
Morgan, chad) S. F. Smith & Co., Sidney F. Smith, oe
Daisy E. Smith, i200) ss Jeremiah Smith & Son, | Geo. W. Hitchings, BC
The Hoyt Brothers Co., | 2,000 ‘* The Hoyt Brothers Co., | C. W. Hoyt, «
Joshua Bedell, HOO OReass Barnes & Munson, Henry A. Barnes, a
H. A. Stevens, Pattee OC Ludington & Palmer, Ami P. Ludington, we
Brookhaven, 1 (0X00) Be Lancraft Bros., G. E. Lancyraft, of
Lizzie E. Woodend, 1,000 <* Wm. Weissbarth, John Coleman, Bo
Ivernia, UC 08 ——. — or
Enterprise, 800 * Merwin & Son, E. L. Ford; Milford.
Spark, PANO) oe H. J. Lewis, Geo. Cleveland, Bridgeport.
C. S. Conklin, 900 <5 H. J. Lewis, Frank Potter, Ge
Florence, IEPAOTO) © 0 H. J. Lewis, Nelson Wakely, ee
Fred. F. Brown, (AKO) 80 Brown & Lewis, Isaac E. Brown, Ge
Fleet Foot, S00 Wheeler Hawley, Wheeler Hawley, es
Annie, ADO Dennis, Swanberg & West) William T. Dennis, GG
Minnie B., 800 << Beardsley & Son, Frank Hunriston, us
Freddie W. Decker, TO0OR<: Peter Decker, Peter Decker, Norwalk.
Jupiter, 2,000 < Wm. H. Rowe, Wm. H. Rowe, es
Early Bird, 400 <« Cook & Hilton, Oliver Cook, i
Henry J., : 1500) ** Theo. 8S. Loundes, Theo. 8S. Loundes, a
Albirta, D0 Ones Rowland & Tuthill, Heavlon Rowland, Gi
Mabel L, Stevens, TP{O) a W. J. Stevens, W. J. Stevens, ais
Sadie, 250) W. A. & Thos. Cumming,| Thomas Cumming, Stamford.
Susie, 1X0} a6 W. A. & Thos. Cumming,| H. C. Hatter, es
White Cap, PATH) 0G W. H. H. Lockwood, W. H. H. Lockwood, Portchester.

the steamer works all the year through, stopped only by the more

severe winter storms.
shows the name of each steamer, her owner, her captain, and her

Connecticut oystermen, thirty-one of these steamers, having an
capacity :

aggregate carrying capacity of 27,225 bushels.

Te

In addition to the above, Messrs. Thomas Thomas, Caleb L.
Ludington and Dexter K. Cole are building new steamers—Mr.
Cole’s being larger than any yet built for the business.

The artificial hatching of the oyster has engaged the attention of
many eminent scientific men and oyster culturists for some years, and
considerable advance has been made towards the development of a
successful method. Dr. Brooks and Lieut. Winslow seem to be the
most effective workers to this end. Meanwhile Prof. John A. Ryder
has been -testing the feasibility of breeding oysters on a large scale in
ponds prepared for the purpose similar to ponds which have been
often tried in France. A pond about 21 feet square by 31% feet deep
was dug in a salt marsh about 10 feet from the bay with which it was
connected by a trench 2 feet wide by 3% feet deep. In the trench
was a filter made of boards perforated with auger holes and
faced on the inside with sacking; the 2-inch space between boards
being filled with sharp, clean sand. Through this trench and filter the
tide ebbed and flowed from 4 to 6 inches a tide. Notwithstanding
the heat of the sun on the pond it was found that its temperature
and that of the bay were the same, and the specific gravity of the
water was also about the same. Into this pond artificially fertilized
eggs were placed every two days. As a greater abundance of food
was found there than in the bay, the spat grew rapidly. Stakes
strung with shells were driven into the bottom and extended above
the surface of the water where they were marked with the date of
driving. The first were placed there July 7, and they were put in at
intervals of two days until August 1. The male and female elements
were taken from the breeders and were thoroughly mixed in water in
the usual way; they were then allowed to stand from four to six hours to
develop—fresh supplies of water being added at short intervals—and
then they were distributed through the pond, where they were left
subject to the influence of the flux and reflux of the tide. On the
22d of August young oysters were taken out adhering to the shells
on the stakes, and they measured from 34 of an inch to 1 inch in
diameter. This demonstrates that it is practicable to rear oysters
in artificial ponds from the artificially fertilized eggs.

The foregoing is but a meagre sketch of Prof. Ryder’s experiment,
made from an exceedingly interesting account of it given in detail in
the advance sheets of the Bulletin of the United States Fish Com-
mission, vol. III., page 281, to which the reader is referred for com-
plete information. It is hoped that some one on the Connecticut
shore will repeat the experiment. It can be done at very little ex-

IS

pense, and it may lead to valuable results. Many experiments with
similar ponds have been tried in Europe, and in most instances they
have failed. But Prof. Ryder, by ingeniously changing and simpli-
fying the process, seems to have achieved a marked success. ‘This
experiment deserves the immediate attention of Connecticut oyster-
growers. If theycan make such method of cultivation profitable,
there are large tracts of salt meadows near the Sound that could be
made into valuable ponds. The stock reared in them would be.
accessible at all times, it could be protected readily and gathered
easily; and although such a method might not be so economical as
the natural method, it is believed that it would still be very profitable.
If carried on generally, it would greatly increase the area of cultivated
grounds in the State.

There is no lack of food for the oyster in the waters of the State.
That in the neighborhood of the natural beds has been examined
under the microscope, and the quantity of animal and vegetable
matter found, especially of diatomaceous flora, is truly wonderful.

In last year’s report the Commissioners expressed the belief that
the muddy tracts which constitute a large portion of the bottom of
the Sound would become valuable for cultivation at no distant
day. From time to time in years past small tracts have been so 1m-
proved; but the past year a hundred acre piece has been redeemed
by Mr. H. J. Lewis, of Bridgeport. Sand, gravel and shells have been
laid over the mud, and the bottom, thus hardened, has been made
capable of cultivation. Every acre so redeemed virtually extends the
area of the State and makes a substantial addition to its wealth.
Other cultivators contemplate similar improvements of the now
waste places under the water.

The laws relating to the oyster industry which were enacted at the
last session of the Legislature will be found in the appendix to this
report.

An inventory of the instruments and other property of the State,
held and used by the Commissioners in the discharge of their duties,
is on file at their office, and amounts at cost price to $1,216.51.
During the past three years small implements, etc., have been worn
out, to the value at cost price of $5.20.

The work in the office and the field has proceeded uninterruptedly
and satisfactorily to the Commissioners during the past year, and they
only discharge a pleasant duty when they here testify to the faithful-
ness and zeal with which Secretary Botsford, Engineer Bogart and his
assistants, Sandford and Pike, Jr., have discharged their respective
duties.

19

The financial statement for the year ending Noy. 30th, 1883, is as

follows:

STATEMENT OF THE FINANCIAL TRANSACTIONS OF THE SHELL FISH
COMMISSIONERS FOR THE FISCAL YEAR ENDING NOV. 30, 1883.

RECEIPTS.

Total amount received and paid to State Treasurer, - -

From the following sources, viz. :
For deposit fee on applications, - - -
’For deeds delivered, - = : = : =

For drawing assignments and recording fees of

Clerk, = - = = S 2 =
For private surveys by Engineer’s Department,
For deposit fee on trial of disputed boundaries,
For sale of field glass, - - - - -
For taxes collected, - - - = = -

DISBURSEMENTS.

For salary of Clerk, $1,200; postage, stationery,
gas and furniture, &c., $288.12, - -
For rent of office, - < : = = -
For salaries and incidental expenses of Engi-
neer’s Department, - - - - -

Net expenses of office, - - - - -
For cash ret. for ground deeded to H. Fowler,
to which a claim was established under a

valid town title, - - - - -

For cash ret. for taxes collected on grounds in
town jurisdiction, - - - - -

For cash ret. for deposit fees on applications
Fejected), = = = = - - -

Balance in bank, Dec. Ist, 1882, - - -
Drawn from Treasurer, - = = - =

Aoki, - - - - - - -

$1,474 23
14,997 93

166 50
266 00
IO 00
10 00
3,681 47

$1,488 12
225 00

6,180 56

$7,893 68

Total amount paid out, as above, for which vouchers have

been approved by the Comptroller, -

Balance in bank, Dec. 1, 1883, - - -

$20,516 13

$20,516 13

$8,446 24

80 04
9,000 00

$9,080 04

8,446 24

$633 80

20
SUMMARY.

Total receipts, - - - = 2 = é E
Disbursements, - = - ‘ = a e .

Excess of receipts over disbursements, - -

Receipts of the year ending Nov. 3oth, 1883, - -
Receipts of the year ending Nov. 30th, 1882, —- -

Increase of receipts, 1883, - - - : z

Total disbursements for year ending Nov. 30th, 1882,
Total disbursements for year ending Nov. 3oth, 1883,

Decrease in disbursements, 1883, - - =
If we add for cash returned to applicants, - .

The decrease of disbursements will be, - - =
Commissioners’ pay for the year ending Nov. 30th, 1883,
Commissioners’ expenses, same period, —- - -

Total of all Commissioners’ pay and expenses, -

$20,516 13
8,446 24

$12,069 89

20,516 13
18,487 26

$2,028 87

$10,338 12
8,446 24

$1,891 88
552 56
$2,444 44
$2,275 00
1,602 47

$3,877 47

All of which is respectfully submitted, this Nov. 3oth, 1883.

ROBERT G,. PIKE;

Commis stoners of

WILLIAM M. HUDSON, j ‘Shon dae

GEORGE N. WOODRUFF,

21

Eneimecrs Keport

=

To the Commissioners of Shell Fisheries of the State of Connechcul:

GENTLEMEN :—The usual activity has prevailed in the Engineer
Department throughout the year. Outside work began March Ist, and
continued till December Ist. The number of buoys set was 347. Buoys
surveyed, 431. Rocks and trees whose position was determined with
the sextant, 9. Total positions determined by sextants, 787.

I observed on the buoy work until June 3oth. Mr. R. G. Pike, Jr.,
then began observing, and continued through the remainder of the
season. Mr. D.C. Sanford observed the entire season. The successful
meeting of all the demands for buoy work is in a great degree due to
the punctual and faithful work of Mr. Sanford and Mr. Pike, Jr. Buoy
setting was called for, for shelling purposes, in the towns between Nor-
walk and Old Lyme. From Norwalk westward the shelling was con-
fined by understood ranges.

During the shelling season it is necessary that the buoying party be
in communication with the office daily, and this involves not a little
traveling. The buoy work was grouped as much as possible, but a day
unfit for observing often caused serious complications of arrange-
ments, which were definite for every day for weeks ahead. A lost day
had to be made up, in some way; for the disappointed party could not
lose a year in getting his ground started; neither could those next in
order be disappointed. The management of this part of the work will
become easier as the maps are perfected.

August 13th, your party moved to South Norwalk, and by taking
board at a hotel became accessible to all the oystermen. Excepting
three weeks spent at Greenwich, the party remained at South Norwalk
until December Ist. The maps show a very creditable amount of work
performed by Messrs. Sanford and Pike, Jr., during the time spent at
South Norwalk and Greenwich. All the buoys surveyed were proof
plotted during the field season, and thus the work was checked and
made safe for final adjustment during the winter season.

During the past year I have drawn descriptions for the deeds of 174
applications; the mapping of these applications and the drawing of
descriptions which are mathematical in character, were no easy task.

22

One hundred and thirty-five applications, having an aggregate area of
15,714 acres, are on file awaiting action. The total number of applica-
tions received since June, 1881, is 484. Area of the same, 84,545,935,
acres. The triangulation work executed by the Commission in 1882,
was computed by Mr. John G. Bramley. The results are entirely satis-
factory, and show that this work will meet all demands. Each angle
was measured eighteen times, and the triangles, with a few exceptions,
close with an error of less than six seconds.

The results of the triangulation work executed by Assistant Gershom
Bradford, in accordance with the plan of codperation with the coast
survey, were duly received. Thus you have a complete system of
triangulation work extending from the Connecticut River to Rye, N. Y.,
standard in quality and adequate for all your purposes. All necessary
triangulation work along the coast, between the Connecticut River and
the Rhode Island State line, will,.by consent of Prof. Hilgard, be fur-
nished to you without expense. This may be regarded as a first fruit of
the resurvey of Long Island Sound.

Two complete copies of the horizontal angle books, and also of the
descriptions of the triangulation stations, were made last winter by Mr.
R. G. Pike, Jr. One copy was sent to the United States coast and
geodetic survey office, in compliance with the request of. Prof. J. E.
Hilgard, Superintendent.

A complete copy in ink was also made of the buoy books. The origi-
nal notes are in pencil and, therefore, subject to defacement. These
copies will be used for general public reference.

SIGNALS.

The inspection and alterations of the signals have been attended to by
Mr. Pike, Jr. Those east of New Haven, ten in number, were visited
in the month of May. Eight of these signals were found to be in good
condition. At Kelsey Point, Clinton, and at Cornfield Point the old
signals were replaced by signals designed by Mr. Pike, Jr., having tri-
pods made of two inch galvanized iron pipe. These tripods are leaded
into proper stone piers. The boards are secured by staples.

Twelve signals west of New Haven, which were used last year as
triangulation signals, have been changed into sextant signals.

Two signals have been added to those determined last year: one on
the southern extremity of Shippan Point, and one at the mouth of the
Five Mile River.

HIGH WATER LINE SURVEYS.

A survey of the high water line has been made at Byram Point,
Greenwich Point, Shippan Point, Long Neck Point, Colyer’s Point, Bell
Island, Smith’s Island, Copp’s Island, Goose Island, Cockenoe’s Island,
and Stratford Point. These surveys make it possible to fix the point of

‘

23

change in direction of your line of jurisdiction at these Points. On a
broken line of coast it is not easy, without such surveys, to select the
extreme south point of the coast, where the lines, which are tangent in
both directions, meet.

THE GENERAL METHODS OF MAPPING THE GROUNDS.

The titles of some lots admit of several constructions, but in nearly
all of these cases adjoining owners cultivate side by side without friction
or complaint. Much care was taken to secure the presence of adjoining
owners when our surveys were made, and the fact of their presence is
duly noted in the note books.

In many of these cases the record title is capable of various construc-
tions, and this imposes upon the Commissioners the duty of selection in
the mapping of the grounds. Many of these ownerships can only be
mapped by taking into consideration their environment. For example:
there are irregular shaped ownerships situated from one to three miles
off shore, whose record is simply a four-sided figure without scale or
proportion, but said to contain a certain area (perhaps exclusive of
rocky and muddy bottom) and the adjacent grounds marked by some
person’s name or with the words ‘“ public domain.” If we turn to the
records of persons owning the adjacent lots, we often find that they are
described in much the same way: so that any attempt to make a tech-
nical solution of these records involves assumptions which might work
injustice to many, unless liberal concessions are made by all parties
interested.

These imperfect lay-outs have caused much trouble, for the reason that
while the town committees could make them, they could not accurately
buoy out the lots in accordance therewith.

THE TOWN MAPS IN DETAIL—OLD SAYBROOK, WESTBROOK AND CLINTON.

No designations had been made by town committees within the limits
of your jurisdiction off the towns of Old Saybrook, Westbrook and Clin-
ton. The applications received by you have been made regular in form
and based on meridian lines, so that the maps of the lots off these towns
are positive in all respects.

MADISON.

Off Madison only one designation had been made by the town com-
mittee. It is susceptible of exact mapping, and this town has also a
positive map.

GUILFORD.

Off Guilford about 2,500 acres had been designated by the town com-
mittee. The layout was definite; the reference points obtainable and
were readily connected with your triangulation system. The correct

24

mapping did not agree with the occupations: but as cultivation had not
begun no inconvenience or loss resulted. All commissioners’ work is
based on meridian lines, which have recorded relations to define
points. The relative position of these points is precisely known.

BRANFORD.

The records for many of the lots off Branford, are such that a survey
of the occcpation and the mutual recognition and acceptance of the sur-
vey by the owners was the only practicable method of locating and
mapping their lots.

EAST HAVEN, NEW HAVEN AND ORANGE.

Off East Haven, New Haven and Orange, nearly all the lots were
surveyed. The records of these lots substantially cover the ground sur-
veyed. The map shows correctly the ground as held for years and as
recognized by the planters. So far as possible, the ranges used at the
time of designation years ago, were used and recorded at the time of
the survey. The corners thus surveyed became points common to both
the map and the water, and any desired changes are spoken of as having
certain relations to these corners, the location of which are mutually
understood. Hence accurate data for adjusting differences between
adjoining owners without additional surveying is at hand.

MILFORD,

At Pond Point, Mr. William M. Merwin, some years ago, placed a
post, which, when taken in connection with a certain rock, forms a base
line for oyster lots extending for upwards of three miles off shore. The
records were, for a large section, found to be explicit, and taken in con-
nection with this base line enabled you to produce a map which must
stand alllegal tests. A large number of the occupations were surveyed,
however. If the owners have their grounds buoyed by this office, they
will be placed in correct record position, and no trouble need arise.

STRATFORD,

About 7,000 acres were designated by the town committee off this
town. The lots are rectangular in outline, and referred to a me-
ridian line through the Stratford Point lighthouse. The north and south
sides of the lots are each 3,000 feet in length. The east and west sides
are each 1,500 feet in length. Not a single buoy was surveyed for pur-
poses of mapping the lots off this town.

BRIDGEPORT,

The map made by the town committee is a group of two-acre rectan-
gles. The sides are in a ratio of four to five, and therefore the sides are

25

respectively sixteen and twenty rods in length. To make this map
useful, the south line of the grant, which was first in order of time,
was surveyed, and the two-acre lots laid out from said line as a base.
This has occasioned some complaint. But it was the only practicable
method. Here was a definite quantity of ground symmetrically divided,
the division lines of express length, and reference points uncertain.
Some of the owners buoyed out their grounds and some did not. Those
who did, buoyed out more than their deeds called for, wrongfully taking
ground that should have been left to satisfy the valid claims of the adja-
cent owners. As cultivation increases and the property becomes
valuable, disputes will arise unless the parties interested adjust their
differences. It is to be hoped that the owners of these two-acre lots will
consider this, and have their lots properly buoyed out. To facilitate
agreements between occupants as to ground in dispute, quite a number
of these occupations have been surveyed.

FAIRFIELD.

No ground off Fairfield had been designated within your jurisdiction,
and a lay-out was made similar to that at Stratford.

WESTPORT.

Most of the designations off Westport, are referred to a base line run-
ning through the government buoy off Cockenoe’s Island and the Pen-
field Reef lighthouse. The outlines of the tracts are definite, and have
been mapped. The owners of sections one, two and three, had their
lots buoyed out by you at their own expense. The owners of sections
four, five and six, buoyed out their own designations. So much of this
buoying as falls outside of the recorded dimensions of these lots, you have
not recognized, and a number of applications have been received that
cover these occupations, which are outside of record limits. It is to be
hoped that this government buoy, will, from year to year, be set in pre-
cisely the same position.

NORWALK.

The large area of town designated ground, south of the Norwalk
Islands was laid out by Charles W. Bell, Esq. There are ranges on
record for nearly all of the corners. Mr. Bell very kindly consented to
point out these ranges, and thus these grounds were safely brought
under control.

West of the islands it is probable that some difficulty may be experi-
enced. The records, so far as I have seen, show that the grounds are
termed plantations, and each plantation is bounded by other plantations.
Some of these grounds were occupied about ten years ago, but the first
crop was lost, or no set was obtained, and the ground has not been
buoyed up since that time. In some cases the owners have doubts as

26

to just what their titles cover. The matter was well stirred up this fall,
and it is likely that settled convictions as to boundaries will be mutually
arrived at during the coming winter, and thus your surveys be helped
along.

DARIEN AND STAMFORD.

The surveys off these towns have been confined to applications, and
the obtaining of data which should make it quite safe for deeding. The
records are difficult to handle, and these applications may be regarded
as nuclei about which to base operations the coming season.

GREENWICH.

The surveys off this town are well advanced. The natural beds, five
in number, are surveyed and mapped. Forty-two applications, together
with a considerable number of town grants, have been mapped.

‘“ IMPROVEMENTS IN THE OFFICE WORK.

The difficulties arising from the expansion and contraction of the
paper on which the maps on ascale of I in 20,000 are constructed, were
reduced to a minimum by obtaining from the coast survey office cloth-
backed paper, which was thoroughly seasoned. When not in use these
maps are rolled up and put in tin cans in the safe. These maps are not
altogether free from expansion and contraction, and in my judgment the
rolling and unrolling of them injures them for fine scale work.

It seems very desirable that the maps be kept flat and made on
material which is not affected by temperature and moisture.

The following example will illustrate the nicety with which your
maps need to be constructed. On a scale of I in 20,000, a fortieth of
an inch represents forty-one and seven-tenths feet. This multiplied by
3,000 (the length of the lots off Stratford), gives an area of two and
eight-tenths acres. Five hundred bushels of oysters to the acre is not
uncommon, and at one dollar per bushel we find this fortieth of an inch,
as it shows on the map, represents a cash value of $1,400.

It is the consideration of such facts that causes me to recommend the
use of perfectly invariable paper. Considerable inconvenience was
experienced this season by reason of not having a sextant protractor
for field use. I recommend that the sextant protractor, now in use at
the office, be used in the field next season, and a new Sextant protractor
be obtained, made in accordance with the specifications on file. I deem
this new protractor to be essential to the proper conduct of your work.
The one now in use was the best instrument made for ordinary hydro-
graphic work. But hydrographic work, such as you are called upon to
perform, is not common, and so it follows, that articles usually made
for the trade may not suffice for all your requirements.

27

EXPENSES.

The expenses of the Engineer Department for the year have been
$6,180.56. The amount is divided as per accompanying statement.
Those acquainted with the large outlays of money usually made for
hydrographic surveys will at once recognize the economy with which
the work has been conducted.

EXPENSES ENGINEER DEPARTMENT.

Salaries, - - - - - - - - - $3,933 94
Pay of men not under salary, - - - - - 386 55
U.S: Goastand Geodetic Survey, - =- - = 193 17
H.G. Scofield, surveys at Bridgeport, - - - 31 00
Steamboat hire, - - - - - - - 215 00
Traveling expenses of party in field, - - - 656 41
Signals, repairs and whitewashing, - - - - ZU 2h 32
Two iron frame signals, - - = = - - 75 46
Lumber, - - - - - - - - - 64. 53
Triangulation work, field expenses, = - = 37 66
Office supplies, - “ = = = : - 102 45
Tools and field supplies, - = = = = = 135 56
Traveling expenses of Engineer, - - - - 87 92
Postage, - - - - - = = = - Pg) SN
Express charges, - = = = = : - 17 48
Telegrams, - - - - - - - - 3 00

Total, - - - - - - - - $6,180 56

RECEIPTS ENGINEER DEPARTMENT.

For buoy setting and tracings, - - - - $266 00
Uncollected balance for buoy setting, —- = - 69 45

Total, - - - : - - - - $335 45

For many friendly helps and favors tendered by Messrs. Charles W.
Bell, Dexter K. Cole, Alvah B. Tuthill, John S. L’Hommedieu, Eli
Bradley, A. Brinkerhoff, Darius M. Palmer, and Alvah Lyon, I would
express my thanks.

The maps and records of the office have been quite generally referred
to, by the oyster planters and other interested persons, during the year,
and thus a large amount of correct information has gone abroad.

Respectfully submitted,
JAMES P. BOGART,

Engineer for Commissioners of Shell Fisheries.

Connecticut Naturat Beps,

AS SURVEYED AND MAPPED BY THE COMMISSIONERS.

——6 _——
CORMELL REEF NATURAL BED.

The southern point of this bed is the point which is two thousand five
hundred and fifty-five (2,555) feet due north of a point which is one
thousand nine hundred and twenty-two (1,922) feet due west of the
center of the tower of the Great Captains Island lighthouse. The said
southern point is also determined by the following sextant angles :
*Little Captains Island, C. S. to Americus, 64° 27’; Americus to Mead,
84° 16’; Americus to Portchester spire (Methodist), 82° 56’. From the
said southern point the eastern boundary line runs north twenty-eight
degrees east (N. 28° oo’ E), true meridian, seven hundred (700) feet, to
buoy known as 1,002 in Commissioners’ buoy records, and determined
by the following sextant angles: Little Captains Island, C. S. to Ameri-
cus, 70° 477; Americus to Mead, 90° 03’; Mead to Great Captains
Island lighthouse, 139° 15’. The following ranges pertain to this point :
1. Daniel Lyon, Jr.’s, house on with high water rock. 2. Sharp top
tree in woods showing above all the woods, on with dock at the Ameri-
cus club house; thence north thirteen degrees east (N. 13° 00’ E.) true
meridian, one hundred and ninety (190) feet to buoy known as 1,003 in
Commissioners’ buoy records, and determined by the following sextant
angles: Little Captains Island, C. S., to Americus, 72° 27’; Americus to
Mead, 92° 00’; Mead to Great Captains Island lighthouse, 135° 27’. The
following ranges pertain to this point: 1. Methodist spire on with west
end of sand beach on Calves Island. 2. Rye Beach hotel on with gap or
cut in Jones’ stones. Thence north sixty-six degrees west (N. 66° 00’ W.)
true meridian, four hundred and thirty-five (435) feet, to buoy known as
g98 in Commissioners’ buoy records, and determined by the following
sextant angles: Little Captains Island, C. S., to Americus, 70° 25’;
Americus to Mead, 95° 43’; Mead to Great Captains Island lighthouse,
139° 05’. The following ranges pertain to this point: 1. Gap in woods
on with white rock on south end of Calves Island. 2. Clump of woods
on Long Island on with west bluff of bank on Great Captains Island.

*NorTre.—For further particulars about this point and other points named in these descriptions refer-
ence must be made to the Commissioners’ triangulation records on file in their office,

29

Thence south fifty-one degrees and fifteen minutes west (S. 51° 15’ W.)
true meridian, nine hundred and ten (910) feet, to a point determined by
the following sextant angles: Little Captains Island, C.S., to Americus,
62° 20’; Americus to Mead, go° 14’; Americus to Portchester spire
(Methodist), 88° 42’. Thence south five degrees and fifteen minutes
west (S. 5° 15’ W.) true meridian, two hundred and fifteen (215) feet to
buoy known as 1,023 in Commissioners’ buoy records, and determined
by the following sextant angles: Great Captains Island lighthouse to
Americus, 107° 42’; Americus to Calf, 110° 27’; Summer house to
Great Captains Island lighthouse, 107° 27’... The following ranges per-
tain to this point: 1. Barn just south of Bush’s woods just open to the
south of barn on Bower's Island. 2. South edge of stone house on with
white stone near the south end of Calves Island. Thence south seventy-
five degrees and twenty-minutes east (S. 75° 20’ E.) true meridian, seven
hundred and seventy-five (775) feet to the point of beginning. The area
comprised is fifteen (15) acres.

PORTCHESTER BED. o

Beginning at the northern point of the bed, said point being the
southeast corner of ground of Isaac Martin. The said point is known
as buoy number 479 in Commissioners’ buoy records, and is determined
by the following sextant angles: Summer house to Calf, 131° 17’ ; Calf
to Mead, 76° 54’; Summer house to Great Captains Island lighthouse,
100° 40’; Great Captains Island lighthouse to Horse Neck spire, 84°
oo’. The following ranges pertain to this point: 1. The north side of
Clifford’s house opens about fifty feet west of the west side of Black
Tom rock. 2. The south side of bathing house of Edward Schell is in
line with north side of the high rock of the Black Tom rocks. [The
bathing house stands on the main shore southwest of the steamboat
dock at Portchester.]| From the said northern point the northern
boundary line runs south sixty-five degrees and fifteen minutes west
(S. 65° 15’ W.) true meridian, across the highest part of Beach rock to
the shore. The point on Beach rock is determined by the following sex-
tant angles: Summer house to Calf, 121° 38’; Calf to Horse Neck spire,
47° 54’; Summer house to Great Captains Island lighthouse, 92° 08’.
From the said northern point the eastern boundary line runs south fifty-
three degrees and thirty-five minutes east (S. 53° 35’ E.) true meridian,
eight hundred and ninety (890) feet, to buoy 481, at the south corner of
ground of George W. Martin. Thence south sixty-four degrees east
(S. 64° oo’ E.) true meridian, one thousand eight hundred and fifty
(1,850) feet, to buoy 482. This point is determined by the following
ranges: 1. Cupola of Abendroth’s house over slim cedar tree, the west
one of several, standing on the mainland and near the shore. 2. The
south side of woods on Rye Point in line with bottom of bluff on south
end of Manursing Island. Thence south sixty-six degrees and forty-

3O

five minutes east (S. 66° 45’ E.) true meridian, eight hundred and
seventy-five (875) feet to buoy 1,076, the same being the south corner of
ground of George Martin and Sons. Thence south four degrees west
(S. 4° oo’ W.) true meridian, six hundred and eighty (680) feet, to buoy
514, at the north corner of ground of David B. Chard. This point is
determined by the following ranges: 1. Bluff on Lloyd's Neck on with
high water mark at west end of Great Captains Island. 2. Liberty cap
on large white boulder at the extreme west end of Brush Island over
spindle on Jones’ stones. Thence south thirty-one degrees and fifty
minutes west (S. 31° 50’ W.) true meridian, along last mentioned range
line along ground of David B. Chard and on public domain, one thou-
sand eight hundred and fifteen (1,815) feet. Thence north sixty-seven
degrees and fifteen minutes west (N. 67° 15’ W.) true meridian, one
thousand four hundred and fifteen (1,415) feet, in a line passing through
buoys 489 and 4go and ranging: 1. South side of a large tree on hill on
with two cedar trees standing at the shore and nearly in line, and also
in line with the north end of steamboat dock. Thence north thirty-one
degrees east (N. 31° oo’ E.) true meridian, three hundred and eighty-
five (385) feet along ground owned or occupied by William Maguire to
buoy 510. Thence north fifty-nine degrees and twelve minutes west
(N. 59° 12’ W) true meridian, one thousand four hundred and eighty
(1,480) feet to Big Captains Island rock. This line ranges south chim-
ney of Brooks’ house over cedar bush stuck on the Big Captains Island
rock, The said rock is known in the Commissioners’ buoy book records
as position 486. Thence north fifty-five degrees west (N. 55° 00’ W.)
true meridian, one thousand seven hundred and sixty (1,760) feet to
position 478, the same being a hole drilled near the center of the outer
rock at Byram Point. A cedar bush stands in the hole. Thence north-
erly along the east bank of Byram Point to intersect the northern
boundary line of the bed. The area of this bed is two hundred and
eighteen (218) acres.

The following sextant angles are of record as determining the positions
and points mentioned in the preceding description, namely :

481—Summer house to Great Captains Island lighthouse, 117° 42’;
Great Captains Island lighthouse to Horse Neck spire, 84° 30’; Great
Captains Island lighthouse to Mayo, 82° Io’.

482—Great Captains Island lighthouse to Calf, 97° 31’; Calf to Sum-
mer house, 117° 26’ ; Great Captains Island lighthouse to Mayo, 89° 07’.

1076—Great Captains Island lighthouse to Mayo, 91° 46’; Mayo to
Summer house, 113° 44’; Great Captains Island lighthouse to Calf,
116° 07’.

514—Great Captains Island lighthouse to Calf, 102° 47’ ; Calf to Sum-
mer house, 86° 11’; Great Captains Island lighthouse to Rock, 66° 41’ ;
Rock to Mead, 54° 21’.

489—Great Captains Island lighthouse to Calf, 69° 29’; Calf to Rye
spire, 103° 09’.

OL

490—Great Captains Island lighthouse to Calf, 62° 44’ ; Calf to Sum-
mer house, 97° 33’.

510—Great Captains Island lighthouse. to Calf, 62° 43’; Calf to Sum-
mer house, 111° 42’; Great Captains Island lighthouse to Mead, 94°
33’; Mead to Summer house, 79° 49’.

486—Great Captains Island lighthouse to Mead, 88° 50’; Mead to
Summer house, 119° o1’.

478—Summer house to Great Captains Island lighthouse, 83° 00’ ;
Great Captains Island lighthouse to Horse Neck spire, 70° 30’; Great
Captains Island lighthouse to Mayo, 64° 25’.

Portchester bed contains 218 acres.

GREAT CAPTAINS ISLAND NATURAL BED.

Beginning at the point of intersection of a line due east of the Great
Captains Island lighthouse, with a line ranging northerly and southerly
over the steeple of the Methodist church in Greenwich and the west end
of the building standing near the end of the steamboat dock; thence
running southerly along the last mentioned line about one thousand
four hundred (1,400) feet to a point of its intersection with a line ranging
over a gap in the high woods, which are north and east of Reuben B.
Lockwood's house in Old Greenwich, or Sound Beach, and low water
mark southeast of the clump on Little Captains Island. This point
[known as number 521 in Commissioners’ buoy books] is determined by
the following sextant angles, namely: Stamford lighthouse to Horse
Neck spire, 62° 19’; Horse Neck spire to Rye spire, 91° 13’; Stamford
lighthouse to Americus, 59° 17’; Americus to ‘‘ Bloomer,” 59° 24’.
Thence running westerly on a straight line to a point formed at the in-
tersection of two lines, one ranging over the north side of the high part
of the Rye Beach hotel and the south side of the gap in the woods on a
distant hill in Rye; and the other ranging over the spire of the Second
Congregational church at Greenwich and a small elm tree on the west
end of Great Captains Island. This point [known in Commissioners’
buoy books as number 421] is determined by the following sextant
angles: Little Captains Island to Calf, 67° 03’; Calf to Summer House,
42° 39’; Stamford lighthouse to Mayo, 61° 27’; Mayo to Rye spire, 84°
06’. The west side of the bed follows the last mentioned range line to
the high water line on the south side of Great Captains Island; thence
easterly following said high water line to a point which is due east from
the centre of the tower of the Great Captains Island lighthouse; and
thence due east to the point of beginning. The area of this bed is one
hundred and fifty-two (152) acres.

Reference is also made to records and maps in the office of the Com-
missioners of Shell Fisheries, for further descriptions of the various
points used as reference points in the preceding description,

32
FIELD POINT NATURAL BED.

Beginning at a point in the Commissioners’ line of jurisdiction, where
it is intersected by a line ranging over the steeple of the Second Con-
gregational church at Greenwich and the extreme east end of the
‘‘marble house,” formerly used as a marble factory, which stands near
the steamboat dock; running thence, southerly, along said range line
to its point of intersection [known in Commissioners’ buoy book as No.
453], with a line ranging westerly over the church spire at Rye, N. Y.,
and the south gable of the westernmost house on Calf Island. Said
point is determined by the following sextant angles: Americus to Mead,
g9° 20’; Mead to Great Captains Island lighthouse, 82° 30’; Horse
Neck spire to Portchester spire, 77° 29; Portchester spire to Great Cap-
tains Island lighthouse, 93° 30’. Thence running easterly to a point
[known in Commissioners’ buoy books as number 455], formed at the
intersection of two lines: one line ranging westerly over a large tree
in Portchester and the center of the eastern house on Calf Island (a slim
cedar tree is in the same range) ; and the other line ranging northerly
over the steeple of the Second Congregational church at Greenwich,
and the west side of Black Rock, west of the Americus House. This
point may be found by the following sextant angles: Americus to
Mead, 90° 15’; Mead to Great Captains Island lighthouse, 75° 27’ ;
Horse Neck spire to Portchester spire, 75° 11’; Portchester spire to
Great Captains Island lighthouse, 86° 00’. Thence running south-
westerly to a point [known in Commissioners’ buoy books as number
456], formed at the intersection of three lines: The first line ranging
westerly over the northeast corner of the north house on Calf Island
and the north cedar tree at the shore on the east side of Calf Island ;
the second line ranging also westerly, over the south edge of the
Brooks’ House and the north side of the shed which stands northeast
of the barns on Calf Island; and the third line ranging northerly over
the steeple of the Second Congregational church at Greenwich and the
flag-pole on the west end of Caleb Holmes’ storehouse. This point is
determined by the following sextant angles: Americus to Mead, 98°
54’; Mead to Great Captains Island lighthouse, 93° 55’; Horse Neck
spire to Portchester spire, 75° 48’ 30’’ ; Portchester spire to Great Cap-
tains Island lighthouse, 103° 48’. Thence running northwesterly to a
point [known in Commissioners’ buoy book as number 457], formed at
the intersection of two lines; one line ranging over Lloyd’s Neck bluff
and the east side of the east clump at Little Captains Island, at about
half the height of the clump; and the other line ranging over the east
end of the dining room of the Americus House and the center of the
white rock at the extreme south end of Field Point. This point is
determined by the following sextant angles: Little Captain to Ameri-
cus, 87° 27’; Americus to Mead, 128° 37’; Americus to Portchester
spire, 113° 37’; Portchester spire to Great Captains Island lighthouse,

33

118° 46’. Thence running northerly to the line of jurisdiction between
the State and town in the direction of a point [known in Commissioners:
buoy book as number 458], formed at the intersection of two ranged
lines, one running easterly over the high part of the bluff on the north
side of ‘Little Horseshoe” in Coscob harbor and the point where the
black and white rocks on the extreme southeast end of Field Point come
together ; and the other line running westerly over the north side of the
old Benjamin Merritt House, just clear of the cedars, and the south-
west end of Otter Rocks. This point is a little north of said line of
jurisdiction, and is determined by the following sextant angles: Stam-
ford lighthouse to Great Captains Island lighthouse, 87° 04’; Great
Captains Island lighthouse to Bloomer, 107° 06’ ; Great Captains Island
lighthouse to Portchester spire, 110° 57’. The northern side of this
bed follows the line of jurisdiction between the State and town. The
area of this bed is eighty-four (84) acres.

Reference is also made to records and maps in the office of the Com-
missioners of Shell Fisheries, for further descriptions of the various
points used as reference points in the preceding description.

The signal on Little Captains Island referred to in the foregoing
description is the one established by the Commissioners’ party in 1882.
For particulars see office records.

GREENWICH POINT NATURAL BED.

Beginning ata point at the intersection of the line of jurisdiction
between State and town, with a line ranging Seth Quintard’s house over
Ami Ferris’ o/d house; thence running southerly on said range line to
its point of intersection with a line ranging westerly over a round-topped
tree in Rye and the south side of Great Captains Island at low water;
thence westerly along said last mentioned range line to its point of in-
tersection with a line ranging about northwesterly over the steeple of
the Second Congregational church at Greenwich, opening west of Flat
Neck woods; thence northwesterly along the last mentioned range line
to where it intersects the line of jurisdiction between the State and town;
thence easterly along said line to the point of beginning.

The eastern line of the bed is a line which passes through two points
which are determined by the following sextant angles, namely: First
point: Stamford lighthouse to Greenwich Point, 105° 49’ 30’’; Greenwich
Point to Great Captain’s Island lighthouse, 52° 17’; Stamford lighthouse
to Horse Neck spire, 99° 13’; Horse Neck spire to Great Captains
Island lighthouse, 58° 57’. Second point: Stamford lighthouse to
Greenwich Point, 82° 35’; Greenwich Point to Great Captains Island
lighthouse, 63° 32’; Stamford lighthouse to Horse Neck spire, 88° 59’;
Horse Neck spire to Great Captains Island lighthouse, 57° 04’.

The southern line of the bed is a line which passes through two points
which are determined by the following sextant angles: First point:
Stamford lighthouse to Horse Neck spire, 82° 38’ 30’’; Horse Neck

34

spire to Great Captains Island lighthouse, 55° 38’. Second point: Stam-
ford lighthouse to Horse Neck spire, 84° 43’; Horse Neck spire to
Great Captains Island lighthouse, 61° 05’; Stamford lighthouse to
Greenwich Point, 47° 23’; Greenwich Point to Great Captains Island
lighthouse, 98° 24’. The point last given is the southwest corner of the
bed. The area comprised is four hundred and three (403) acres.

‘FAIRFIELD BAR” AND ‘ FAIRFIELD” NATURAL BEDS.

These two beds are contiguous, and the portions thereof within State
jurisdiction are as follows:

Beginning at the centre of the tower of the Penfield Reef lighthouse,
and starting from this point as the southeast corner of these beds, the
southern boundary line runs south eighty-one degrees and twenty-four
minutes west (S. 81° 24’ W.) true meridian, eleven thousand five hun-
dred and fifteen (11,515) feet, to the extreme south point of the three
large flat rocks at the southern end of Sunken Island. Said point is
located by the following sextant angles: Penfield Reef lighthouse to
Episcopal spire in Fairfield, 63° 10’; Episcopal spire in Fairfield to Jen-
nings’ House, go° 26’. Thence due west twelve thousand three hundred
and twenty-three (12,323) feet to a rock known as “the fishing rock.”
Said rock is situated southerly of Farms Point, and is determined by the
following sextant angles: Scott’s House to Jennings’ House, 38° 47’;
Jennings’ House to Burnham’s barn, 111° 11’; Scott’s House to Farms
Point, 74° 53’; thence from “the fishing rock,” due north to the Com-
missioners’ line of jurisdiction; thence easterly along said line of juris-
diction to Pine Creek Point; thence still following the said line of juris-
diction to Shoal Point; thence along the Fairfield Bar to a point due
north of the center of the tower of the Penfield Reef lighthouse; thence
due south to the point of beginning. The area comprised is one thou-
sand two hundred and thirty-seven (1,237) acres.

BRIDGEPORT NATURAL BED.

The part in State jurisdiction is described as follows : The southeast
corner of this bed is the point which is three hundred and sixteen (316)
feet due east of a point which is one thousand one hundred and thirty-
two (1,132) feet due south of the center of the tower of the Bridgeport
lighthouse. The said southeast corner is the northeast corner of
ground of David N. Armstrong. From said southeast corner the south-
ern boundary line runs due west along ground of said Armstrong, a
distance of one thousand nine hundred and thirty (1,930) feet, to a
point which has the following ranges: 1. Black Rock lighthouse over
the center of the woods on Wakeman’s Island. 2. Soldiers’ monument
over the center of the grain elevator. Thence northerly along the last
mentioned range line and along ground of Charles H. Armstrong, a
distance of six hundred (600) feet ; thence south sixty-four degrees and

OP
JV

fifty-seven minutes west (S. 64° 57’ W.) true meridian, four thousand
one hundred and twenty (4,120) feet along ground of said Armstrong ;
thence due south six hundred and sixteen (616) feet along ground of
said Armstrong to the northwest corner of ground of Wheeler Hawley ;
thence south sixty-four degrees and fifty-seven minutes west (S. 64°
57° W.) true meridian, one hundred and seventy (170) feet along ground
of Charles J. Nash. [The said bearing ranges Black Rock lighthouse
over the center of the woods on Wakeman’s Island]; thence south nine
degrees west (S. 9° oo’ W.) true meridian, five hundred and eighty (580)
feet along ground of said Nash; thence south thirty-four degrees and
fifty-two minutes west (S. 34° 52’ W.) true meridian, one thousand three
hundred and twenty (1,320) feet along ground of said Nash; thence south
eighty-one degrees and forty-five minutes west (S. 81° 45’ W.) true me-
ridian, three thousand seven hundred and twenty (3,720) feet in a direct
line towards the Black Rock lighthouse to the east shore of Fayerweather’s
Island at the high water line; thence northerly along said east shore
about four hundred and fifty (450) feet to the line of jurisdiction between
the State and town; thence northeasterly along said line of jurisdiction
nine thousand four hundred and twenty (9,420) feet to the extreme south
point of the sea wall at Seaside Park; thence southeasterly along said
line of jurisdiction two thousand eight hundred’and seventy-five (2,875)
feet ; thence due south one thousand three hundred and fifty (1,350) feet
to the point of beginning. The area thus comprised is three hundred
and thirty-four (334) acres.

STRATFORD NATURAL BED.

Beginning at a point in the Commissioners’ line of jurisdiction, distant
about one thousand eight hundred and thirty (1,830) feet northeasterly
from the centre of the tower of the new Stratford Point lighthouse,
thence running due south to a point which is determined by the follow-
ing sextant angles: ‘ Fish” to Stratford Point lighthouse, 105° 47’;
Stratford Point lighthouse to Middle Ground lighthouse, 114° 26’; Strat-
ford Point lighthouse to Penfield Reef lighthouse, 45° 11’. ‘‘ Fish” is
the factory chimney of the oil works at Welch’s Point. The point thus
located is the southeast corner of the bed, and it may also be found by
intersecting the following range lines: one range line running zortherly
along the edge of the roof on the easterly side of lighthouse keeper’s
new house, near the Stratford Point lighthouse; the other range line
running zortheasterly over the southeast side or face of the old hotel on
Charles Island, and a tall, prominent tree at the left side of a little gap
in the woods on the northern slope of a distant hill. This gap may be
found by beginning at the fish works at Welch’s Point and looking
northerly along the crest of the range of hills until you pass four promi-
nent single trees, which rise above the top of the general wood line.
The fourth tree stands near the right hand side of the gap. At the said

36

southeast corner the compass bearing to the tower of the Stratford
Point lighthouse is northwest by west, and the distance to the same is
one thousand four hundred and sixty (1,460) feet; thence from said
southeast corner running in a southwesterly direction a distance of
twelve thousand two hundred and fifty (12,250) feet to a point which is
determined by the following sextant angles: Penfield Reef lighthouse
to Middle Ground lighthouse, 99° 07’ 30’’; Middle Ground lighthouse to
Stratford Point lighthouse, 115° 27’; Stratford Point lighthouse to
Bridgeport lighthouse, 97° 07’; Bridgeport lighthouse to Penfield Reef
lighthouse, 48° 18’,

The approximate compass bearing of this line is southwest by west
three-eighths west. The terminal point of this line is the extreme south
point of the bed, and is also further determined by the intersection of
the following range lines: ortherly, over Ambler’s house at Nicholls
Farms, Trumbull, and the middle poplar of the five poplar trees near
the shore at Point No Point, on what is termed the Lordship farm. The
compass bearing of this range line is north by east: Morthwesterly,
over cupola of P. T. Barnum’s house at Bridgeport, and the center of
the dwelling house attached to the Bridgeport lighthouse. Morthwest-
erly again, over the cupola of Dr. Warner's house at Seaside Park,
Bridgeport, and the west tree of five single trees on a ridge in the dis-
tance. The compass bearing of this range is northwest one-half north.
Thence running northwesterly on a line in the direction of the spire of
the Congregational church at Fairfield, a distance of thirteen thousand
eight hundred and thirty (13,830) feet, to its point of intersection with a
line ranging northerly over the factory chimney of the Read Carpet
Company at Bridgeport and the Soldiers’ monument at Seaside Park.
Thence northerly along said last mentioned range line to ground desig-
nated to Robert E. DeForest; thence due east to southeast corner of
said designation ; thence due north to the Commissioners’ line of juris-
diction ; thence easterly along said line to the point of beginning. The
area comprised is three thousand and fifty-five (3,055) acres.

om +

Laws Relating to Shell-Fisheries,

PASSED AT JANUARY SESSION, 1883.

CHAPTER 2x
AN ACT RELATING TO SHELL-FISHERIES.

be tt enacted by the Senate and House of Representatives in General
Assembly convened :

The Commissioners of Shell-Fisheries may appoint two or more per-
sons in each town bordering on the sound to be shell-fish wardens, who

OV

shall assist in detecting and prosecuting offences against the shell-
fishery laws, shall be paid the same fees allowed to grand jurors in
criminal cases, shall have the same powers as other officers to arrest for
the violation of said shell-fishery laws, and shall hold such office until
their respective successors are appointed and qualified.

Approved, April 4, 1883.

CHAREER, XIII.
AN ACT RELATING TO SHELL-FISH GROUNDS.

Be it enacted by the Senate and House of Representatives in General
Assembly convened:

Every person who shall wilfully deposit or assist in depositing any
star-fish, periwinkle, or other creature injurious to or destructive of
oysters or clams, upon any oyster or clam bed, or in the waters above
any such bed, shall be punished by a fine of not less than one hundred
nor more than five hundred dollars, or by imprisonment not less than
three months nor more than one year, or by such fine and imprisonment
both.

Approved, March 28, 1883.

CHAPTER. LIT.
AN ACT RELATING TO SHELL-FISHERIES.

he it enacted by the Senate and House of Representatives in General
Assembly convened :

SECTION 1. The Commissioners of Shell-Fisheries are hereby
authorized and empowered to hire and take upon leases not exceeding a
term of ten years, in the name and behalf of the State, any such plot or
plots of ground within the State as they may deem necessary for the
constructing, erecting, setting, maintaining, and protecting of signals,
beacons, bound-stones, posts, or buoys to be used in designating, locat-
ing, surveying, or mapping any shell-fish grounds within State jurisdic-
tion.

Sec. 2. Any person who shall wilfully injure or remove any signal,
beacon, bound-stone, post, or buoy, or any part, appurtenance, or
inclosure thereof, which has been or shall hereafter be erected, con-
structed, or set by the Commissioners of Shell-Fisheries, or by their
order, on the land or waters of this State, for the purpose of designating,
locating, surveying, or mapping any shell-fish grounds, shall be pun-
ished by a fine of not less than seven nor more than one hundred dol-
lars, or by imprisonment not less than ten nor more than ninety days, or
both.

Approved, April 4, 1883.

38
CHAPTER LXXII.

AN ACT CONCERNING TRESPASSES ON OYSTER GROUNDS.

Le it enacted by the Senate and House of Representatives in General
Assembly convened:

Every person who shall wilfully commit any trespass or injury with
eel spears or other implements on any designated oyster ground on
which oysters are being cultivated, shall be fined not exceeding seven
dollars, or imprisoned not exceeding thirty days, or both, for each
offense.

Approved, April 12, 1883.

CHAPTER X€ViiE

AN ACT AMENDING AN ACT REGULATING DREDGING FOR SHELL-FISH
AND SHELLS.

Be it enacted by the Senate and House of Representatives in General
Assembly convened:

Section one of chapter one hundred and nine of the public acts of
1881 (page 58) is hereby amended so that the same shall read as fol-
lows: It shall not be lawful for any person or persons to use a boat or
any other contrivance dragged, operated, or propelled by steam in tak-
ing up or dredging for oysters, oyster-shells, clams, or other shell-fish
in any bay, river, or other waters within the boundaries or jurisdiction
of this State: provided, however, that this section shall not be so con-
strued as to prevent the use of steamboats in taking up, or dredging
for, oysters on private, designated grounds in any such waters by the
owners thereof, or to prevent the use of steam excavators for deepening
the water in places where there are no natural oyster or clam beds, or
where such beds have not existed within ten years, by digging or remov-
ing material, permission to use such excavators being first given by the
Commissioners of Shell-fisheries, which permission shall not be given
until after a public notice of at least two weeks of the time and place
they will hear all parties desiring to be heard upon such application,
which notice shall be posted in the office of the Town Clerk of the town
where such grounds are located.

Approved, April 26, 1883.

GHAPTERVCXE

AN ACT AMENDING AN ACT FOR THE DESIGNATION OF SHELL-FISH
GROUNDS.

Be it enacted by the Senate and House of Representatives in General
Assembly convened:

SECTION 1. Section twelve of chapter one hundred and sixty of the
public acts of 1881 (page 104) is hereby amended so that the same shall

a9

read as follows: The Superior Court of New Haven County, on the
application of the selectmen of the town of Orange, and the superior
court of any county, on the application of the oyster-ground committee
of any town in said county, shall appoint a committee of three disinter-
ested persons, not residents of the town within the boundaries of which
any natural oyster, clam, or mussel beds exist, to ascertain, locate, and
describe, by proper boundaries, all the natural oyster, clam, or mussel
beds within the boundaries of such town. Said committee so appointed
shall first give three weeks’ notice, by advertising in a newspaper pub-
lished in or nearest to said town, of the time and place of their first
meeting for such purpose; they shall hear parties who appear before
them, and may take evidence from such other sources as they may in
their discretion deem proper, and they shall make written designations
by ranges, bounds, and areas of all the natural oyster, clam, and mussel
beds within the boundaries of the town they are appointed for, and shall
make a report of their doings to the Superior Court, which report, when
made to and accepted by said court, and recorded in the records thereof,
shall be a final and conclusive determination of the extent, boundaries,
and location of such natural beds at the date of such report. It shall
be the duty of the clerk of the court to transmit to the town clerk of
each of said towns a certified copy of said report so accepted and re-
corded in relation to the beds of such town, which shall be recorded by
such town clerk in the book kept by him for the record of applications,
designations, and conveyance of designated grounds. Such public
notice of said application to the Superior Court, and of the time and
place of the return of the same, shall be given by said selectmen or
oyster-ground committee as any judge of the Superior Court may order.
It shall be the duty of the selectmen of the town of Orange, and of the
oyster committees of other towns, upon a written request, signed by
twenty electors of their respective towns, to make such application to
to the Superior Court within thirty days after receiving a copy of such
written request, and said applications shall be privileged, and shall be
heard and disposed of at the term of said court to which such applica-
tion is returned in preference to other causes. All expenses properly
incurred by such selectmen and oyster-ground committees in said appli-
cations, and the doings thereunder, and the fees of said committees so
appointed by court, shall be taxed by the clerk of said court and paid upon
his order by the State. The fees of said committee so appointed by
court shall not exceed five dollars per day for each member thereof, and
shall be in full for all services, expenses, and disbursements under said
appointment, and the comptroller shall keep such expense in an account
separate from that of the State Shell-Fish Commissioners. Any desig-
nation of ground for the planting or cultivation of shell-fish within the
areas so established by such report of said committee shall be void.
SEC. 2. This act shall take effect from its passage.
Approved May 1, 1883.

40
CHAP TER (CxXecxII:

AN ACT RELATING TO THE DEPOSIT OF MUD AND OTHER MATERIAL
FROM HARBORS.

Be it enacted by the Senate and House of Representatives in General
Assembly convened:

SECTION I. The Shell-Fish Commissioners shall appoint one or more
suitable persons whose duty it shall be to accompany every boat when
it is employed in towing or carrying mud or other material, except that
used in making oyster beds, to be dumped out of New Haven harbor, to
see that such mud or other material is properly dumped on the dumping
grounds designated by said Commissioners, and nowhere else, and to
report to said Commissioners any violation of law in respect to such
dumping; and any person in charge of any such boat, who shall refuse
to permit any such person appointed as aforesaid to enter and remain
upon said boat while it is so employed shall be punished by a fine of
not less than one hundred nor more than five hundred dollars, or impris-
oned not less than two nor more than six months; and the boat on
which such mud or other material shall be carried without such person
appointed by the Commissioners as aforesaid shall be liable to seizure,
and may be' proceeded against in the manner provided in section
twenty-three, of article one, part one, chapter four, title sixteen, of the
general statutes (page 217).

SEC. 2. Every person about to engage in removing mud or other
material, as aforesaid, shall notify the Shell-fish Commissioners, or some
person appointed by them as aforesaid, by a written or printed notice
deposited in the post office of New Haven, post-paid, stating the time
when such work will be commenced, and the name of the boat or boats
to be employed ; and any person so engaged who shall not comply with
the provisions of this section shall be punished by a fine of not less than
one hundred nor more than five hundred dollars, or imprisoned not less
than two nor more than six months.

SEC. 3. The person so appointed to accompany such boat shall be
allowed a sum not exceeding two and one-half dollars per day for such
service, to be paid by said Commissioners and charged as other expenses
of said commission.

SEC. 4. Whenever it shall be brought to the notice of the Shell-fish
Commissioners that mud or any other material is being removed from
any of the harbors of this State where oyster grounds have been located
or designated, it shall be the duty of said Commissioners to locate a
dumping ground for such mud or other material, and to appoint a
suitable person or persons to accompany every boat when employed in
towing or carrying the same under the same limitations and restrictions
as imposed by the several sections of this act in reference to New
Haven harbor.

Approved, May 3, 1883.

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POURTH REPORE

OF THE

Shell Fish Commissioners

Awe Fy BOGART,

Engineer for Commissioners of Shell Fisheries,

NEW HAVEN, CONN

General Eissembly, January Session, 1339.

MIDDLETOWN, CONN.:
PELTON & KING, PRINTERS AND BOOKBINDERS,
1885.

Commissioners of Shell Fisheries.

ROBERT G.oPIKE, - 2 2
WILLIAM M. HUDSON, -

JAMES A. BILL, - = 3 =

CLERK,
FREDERICK BOTSFORD, - -

ENGINEER,
JAMES PBOGART,.. yee ee oe =

FIELD ENGINEER,
DAVID C. SANFORD, é = z

: ASSISTANT ENGINEER,
ROBERT G. PIKE, JR., - = = 2

Middletown.
Hartford.

Lyme.

New Haven.
New Haven.
New Haven.

Middletown.

Siar Or CONNECEICUR

REPORT.

To His Excellency the Governor and the General Assembly of the State
of Connecticut:

The Commissioners of Shell Fisheries respectfully present their
Fourth Annual Report:

During the past year the Commissioners have found it necessary to
devote more time to their official duties than ever before. The rapid
growth of the oyster industry since the organization of the Commis-
sion has brought to their attention a great variety of novel questions
which demanded careful consideration and judicious settlement, most
of them being of permanent interest to the oystermen.

The subjects which have principally had their attention are the fol-
lowing:

The arbitration and adjustment of disputes between adjoining own-
ers of oyster grounds;

Conferences with the oystermen, and other investigations, with a
view to a just valuation of oyster grounds, in order to secure a satis-
factory basis of taxation;

The preparation of the tax list for the year, and attendance at meet-
ings in the towns along the shore for the purpose of hearing com-
plaints as to valuation, and for correcting the list;

The collection of taxes laid the year before;

The examination of applications for the designation of grounds, and
the consequent hearings when such applications have been resisted;

The negotiations to secure grounds for signal stations upon the
shore;

4 FOURTH REPORT OF SHELL FISH COMMISSIONERS

The collection of information touching the occupation of lots, the
buoying and mapping of them according to occupation, and the set-
tlement of many disputes growing out of the same;

The testing of occupations by designations, and in many cases
harmonizing differences between a man’s occupation and his lawful
designation.

These and many other necessary duties preliminary to the great
work of making complete maps of the oyster grounds within State
jurisdiction have exacted almost the entire time of the Commissioners.

All the work of the Commission has been done with the strictest
economy consistent with requisite excellence, and no money has been
needlessly spent.

The employees of the Commission have been retained from the be-
ginning, and the results of last year show beyond a question, that in
addition to their natural aptitude and scientific knowledge, they have
by long experience acquired a facility for doing their work and doing
it well, which must hereafter save a considerable expense to the Com-
mission.

Although the past year has been remarkably unfavorable for engi-
neering work on the water, Messrs. Sanford and Pike, Jr., in addition
to other work, which will be more particularly reported by Engineer
Bogart, have set 413 buoys, surveyed 498 buoys, and determined the
location of 12 prominent rocks, trees and drill holes; making in all
923 positions, as against 787 the year before: a gain, notwithstanding
adverse weather, of 136 positions. Doubtless the surveying and
buoying have been greatly facilitated by the systems of Buoy Books
and Field Books planned by the parties named. An ingenious
arrangement of charts, too, devised by Engineer Sanford, has
resulted in a great saving of time and labor in the work on the
water. When the weather was unsuitable for operations outside, the
engineers devoted their time to collating and tabulating results, and
making preparations for future work. ‘The books thus partially pre-
pared are fully described in the Engineer’s Report. The information
they afford is fundamental and essential for all future time: and when
entirely completed, as they will be soon, the Commissioners will be
enabled to proceed with the work imposed upon them of making
exact maps of designated grounds, for the State, and for each town
interested.

As soon as these data are reported to the office, Engineer Bogart
arranges and utilizes them in making maps on a large scale, so that
the Commissioners can readily see what each occupant of ground

OF THE STATE OF CONNECTICUT. 5

claims as his property, without regard to his legal title. After consid-
erable labor, which involved resurveys in many instances, a map of
lots off New Haven and its neighborhood, showing the occupation of
each owner, has been completed. Some of the maps off other towns
are also complete, or nearly so, and in the course of the winter all
will be in a condition that will enable the Commissioners to proceed
with them as they are now proceeding with the New Haven map,
which is as follows: Having the map complete before them it is
found, as might have been anticipated, that many lots as claimed by
the occupants overlap each other; and also when the occupation is
compared with the designation, it is found in very many cases that
they do not agree. Where the difference between occupation and
designation is trifling, no great trouble has resulted. But where the
differences are large, the consequences are serious; because to the
extent of one’s occupation beyond the boundaries of his designation
he is a trespasser upon his neighbor: in most cases, perhaps not an
intentional, but an accidental, trespasser. If he has cultivated the
ground upon the part upon which he has thus innocently intruded, it
results in the loss of his stock, which may be of greater or less value
according to age and quantity. These discrepancies are the natural
fruit of the careless methods of designating grounds which prevailed
in all the towns on the shore at the beginning of deep water cultivation.
The Commissioners, however, must be governed by the designation
in their final mapping; and where there is conflict between occupation
and designation, the former must give way.

In pursuance of chap. cxxiv. of the Session Laws of 1882, the
Commissioners have settled many of these differences, and the owners
have accepted their conclusions in every instance but one. There are
many disputes still pending between adjoining owners, the greater
part of which, with the aid of the Commissioners, will in all prob-
ability be amicably settled. With a few exceptions, the oyster culti-
vators have manifested a considerate regard for each other’s rights, and
have made liberal concessions rather than gain a benefit through the
excusable error of a neighbor, and also to avoid expensive litiga-
tion. It is advisable that all interferences should be adjusted before
completing the final mapping. The maps must be of great use to lot
owners through all future time, as they will be made with great care,
by experts, under the personal supervision of the Commissioners, and
there is every reason to believe that they are as accurate and reliable
as maps of submarine lots can be made.

6 FOURTH REPORT OF SHELL FISH COMMISSIONERS

NATURAL BEDS.

During the past year the Commissioners made a thorough investi-
gation of the extent of the Fish Island and the Roton Point natural
beds, and they have been carefully surveyed, outlined, and mapped.
A particular description of them will be found in the Appendix of
this Report. The chief difficulty was in determining the south line
of the beds, as there was great conflict of testimony. The Commis-
sioners finally adopted the south line, which is nearly coincident with
the north lines of the town designations, which had been previously
made on the south side of the beds. ‘The line so chosen was the
most southerly line claimed by any of the oystermen who work on
the natural beds.

The area of these beds, which are continuous, is three hundred and
seven acres.

As this completes the survey and mapping of all the natural beds
in the State waters, the Commissioners recommend that a law be
passed ratifying and confirming their descriptions. ‘They may all be
found particularly set out in this and the previous Reports of the
Commissioners.

The following isa complete list of these beds, with their respective

areas:
ACRES.

Cormell Reef, Natural Bed, - - - - - - 15
Portchester, “ “ = E = 3 _ Ps 218
Great Captains, “ “ = 2 5 2 _ 4 152
Field Point, fs ae = = = = 3 = 84
Greenwich Point, Natural Bed, - - - - 403
Fairfield Bar and Fairfield, Natural Bed, - - =) 91,237,
Bridgeport, aG se : = 4 334
Stratford, “ “ e = = 3/055
Fish Island and Roton Point, ‘“ m - - - 307

Total number of acres, - - - = = - 5,805

DESIGNATIONS.

During the past year, beginning with December 1, 1883, and end-
ing with November. 30, 1884, the number of applications for oyster
grounds was ninety-two (92); covering an area of four thousand four
hundred eighteen and two-tenths (4418,2,) acres. The whole area
of grounds designated during the year is six thousand five hundred

five and sixty-eight one-hundredths (6505,58,) acres; which brought

OF THE STATE OF CONNECTICUT. ii.

into the State Treasury the sum of seven thousand one hundred and
fifty-six dollars and twenty-four cents ($7,156.24).

Seventy-one (71) applications are pending, waiting for deeds;
ageregating three thousand five hundred ninety-three and three-tenths
(359348,) acres.

Fifteen (15) deeds await payment; covering an area of seven thous-
and one hundred eight and one tenth (7108 1,) acres.

Since June 1, 1881, the total number of applications received is
five hundred and seventy-six (576), covering an area of eighty-eight
thousand nine hundred sixty-four, and fifteeen one-hundredths
(88, 964-1,5,) acres; of which area forty-five thousand and forty-five,
and fifty-eight one-hundredths (45,045,58,) acres have been desig-
nated; and they have netted to the State.the sum of forty-nine thou-
sand five hundred and sixty dollars and three cents ($49,560.03).

If to the foregoing designations, made by the Commissioners, you
add the designations previously made by the towns, the total area
designated in State jurisdiction will be found to be 79,018, acres, of
which 14,066 acres are cultivated, and 64,952,% are uncultivated.

The total number of taxpaying cultivators in 1882 was 216; in
1883 it was 290; in 1884 it was 385, of whom 16 own each five acres
and under; 53 own each between five acres and twenty acres; and 332
own each twenty acres and more.

STATE BOUNDARY.

Applications have been made during the past year for designations
of grounds at the extreme east end of the State, in close proximity to
the territory of Rhode Island. It will be remembered that the Com-
missioners’ line, off Groton and Stonington, extended from the
south-eastern extremity of Groton, Long Point, five and four-tenths
miles to Stonington or Windmill Point, and thence two and four-
tenths miles to Pawcatuck Point, the eastern limit of the State. This
line determines the north boundary of the grounds under the Com-
missioners’ jurisdiction; while the division line between New York
and Connecticut determines the south boundary under the Commis-
sioners’ jurisdiction, as far as said division line extends eastward; but
that is only to a point marked No. 3 on the United States Coast
Survey map of Fisher’s Island Sound, —that is to say, so far as ‘‘said
States (New York and Connecticut) are coterminous.” According
to the Coast Survey map, this point is a little north of east from the
extreme east end of Fisher’s Island, and about south-west from Watch

8 FOURTH REPORT OF SHELL FISH COMMISSIONERS

Hill light-house. But where the dividing line between Connecticut
and Rhode Island may be on the water at the east end of the Sound,
the Commissioners have been unable to determine. They have met
the Fish Commissioners of Rhode Island in conference upon the sub-
ject, hoping that there might be found some evidence by which they
could be guided. But after diligent inquiry, no one seems to know
of any dispute or any agreement about sucha line. The thread of
Pawcatuck River, which forms the division line between these two
States, on the land, for some distance above its mouth, runs north-east
and south-west, so that a considerable portion of the territory of
Rhode Island lies south-east of Connecticut. From Watch Hill a
narrow sand bar extends about one and a half miles to the westward;
it then turns at an angle of go degrees and runs the same distance a
little west of north, terminating at Sandy Point and shutting in or
forming Little Narragansett Bay. Sandy Point is a little south of
east, from Windmill or Stonington Point, about a mile away; and it
is also distant about a mile and a half west from the mouth of Pawca-
tuck River.

Three laws have been passed establishing the line between Connec-
ticut and Rhode Island, from which the following extracts are taken,
being all that has been found pertaining to the southerly end of the
line.

The first law was passed May 12, 1703, and may be found in Vol.
II. of Private Laws of the State, page 1527. The boundary com-
menced as follows: ‘‘ That the middle channel of Paquetuck River,
alias Narragansett River, as it extended from Saltwater upwards till it
comes to the mouth of Ashaway River, where it falls into said Paque-
tuck River * * * shall be the fixed and stated line between the
said colonies of Connecticut and Rhode Island.”

The next law was passed September 27th, 1728, and may be found
in the said volume of Private Laws, page 1552. By this law the
southerly portion of the boundary line is as follows: ‘‘and from said
heap of stones, being the corner of Warwick as aforesaid, we extended
a line dividend between said colonies unto the mouth of Ashaway,
whence it falleth into Paquetuck River, and in said line we made
many monuments of stone, &c.” But southerly or south-westerly
beyond this point, nothing is said about the line.

The third law was passed in 1840 and entitled ‘‘A law designating
the line between Connecticut and Rhode Island, as surveyed and set-
tled.” It may be found in Private laws of the State of Connecticut,
Vol. iv., pp. 839 and 840. With reference to the southern end of the

OF THE STATE OF CONNECTICUT. 9

line this law says: ‘‘ Beginning at a rock near the mouth of Asha-
wage River, where it empties into Pawcatuck River, and from said
rock a straight course northerly to an ancient stone heap at the south-
east corner of the town of Voluntown, and from said rock southerly
in the same course with the aforesaid line until it strikes the Pawca-
tuck River, &c,” Southerly, beyond this point of intersection of the
two rivers, there is nothing in the law touching the boundary line be-
tween the two States.

It is by the law of 1728, first quoted, that the southern limit of the
boundary line is shown, z ¢@, ‘‘/rom Salt water upwards.” This is
probably the only definite point to which any division line has ever
been extended, by agreement of the States, into or towards the waters
of the Sound.

From a careful inspection of the territory in that neighborhood,
the Commisioners of each State reached the conclusion that a line of
division upon the waters of the Sound could be satisfactorily deter-
mined only upon a conference of legally authorized agents of the two
States, and it was agreed to present the subjects to the authorities of
their respective States at the earliest opportunity. The lands under
water are valuable for oyster cultivation, and the several applications
now pending before the Connecticut Commissioners for the designa-
tion of lots in Little Narragansett Bay cannot be acted upon until
the territorial rights of Connecticut, as against Rhode Island, are set-
tled. It is recommended that a Commission be appointed with
authority to adjust and settle the boundary line with a like Commis-
sion to be appointed by Rhode Island, subject to ratification by the
Legislature of each State.

TAXES.

The amount of taxes collected the past year is six thousand four
hundred and forty-seven dollars and seven cents ($6,447.07). There
remains uncollected the sum of forty-four dollars and ninety-six cents
($44.96), comprising bills varying in amount from $1.10 to $14.30.

There is reason to believe that most, if not all of this, will be
ultimately collected, for the tax remains a lien upon the ground until
paid. The tax collected the previous year was $3,681.47, showing a
gain this year of $2,765.60. This is due partly to an increased valua-
tion of grounds, and partly to a more complete record of ownership.
The field engineers, in making surveys, or in buoying lots, take great
pains to find out all they can about the lots in the neighborhood of

10 FOURTH REPORT OF SHELL FISH COMMISSIONERS

their work. They make full notes thereof, and report the same to the
Engineer and Secretary. This information has proved valuable and
has greatly facilitated the work of making complete tax lists. It is
believed that few persons have, this year, escaped their liability.
When the maps are finally completed it will be next to impossible for
any one to avoid his tax.

In making valuation of oyster grounds the Commissioners believe
that not alot has been over-estimated. It is difficult for the uninitiated
to appreciate the obstacles that must be overcome before reaching a
just conclusion about the value of any sub-marine lot.

Could the waters covering a lot be made to recede, and lay bare
the bottom so that one might observe its true suitableness for the
cultivation of oysters, their work then would not be half done. The
depth of the water, the various currents that flow over the ground, the
quantity of food likely to be found there for the growing stock, its
exposure to the attacks of stars and other marine enemies—all these
elements are necessary to the formation of a correct estimate of value.

As to the natural features of the bottom, however, and as to the
depth of the water generally over all oyster lots, the Commissioners
have full information. They also have knowledge of the prevailing
currents and the general character of a group of lots. The facts upon
which this knowledge rests have been accumulating from the beginning
of the work of the Commissioners. They have gathered a mass of
information in conversation with the oyster growers, not only touch-
ing their own lots, but also their neighbors’, and they have learned
much on the trials of disputes between owners. In a word, it is not
presuming to say that the Commissioners have more complete and
accurate information, in a general way, about the character and value
of oyster grounds throughout the several towns than probably any
other three men. Their knowledge is not confined to any particular
place, but it extends to all parts of the Sound within their jurisdiction;
and they have opportunities to learn which are presented to no other
persons. Of course, every oyster cultivator knows more about his own
grounds than anybody else, and perhaps he can tell more about the
value of his neighbor’s grounds better than the Commissioners can.
But his information is limited to his immediate neighborhood, and
beyond this limit he generally knows no morethana stranger. When
the Commissioners, therefore, say that they are best qualified to make
a just estimate of the value of grounds within State jurisdiction, it is
not in a boastful spirit, but for the best interests of the State.

As the tax lists are returned to the Commissioners’ office, they are

OF THE STATE OF CONNECTICUT. ii

arranged in alphabetical order, according to law, with one column
for the owner's valuation and another column for the Commissioners’.
When the list is complete the Commissioners carefully consider each lot
and its valuation, not only with respect to the previous year’s estimate,
but also with reference to the valuation of neighboring lots in other
lists. All the information accumulated in the office, with the personal
knowledge of the employees, is brought to bear upon the question of
value before it is answered by the Commissioners. After the list is
completed notice is given that it is open for inspection, and any one
can examine it who desires to do so; and if he feels aggrieved by the
Commissioners’ decision, he is notified that on a specified day the
Commissioners will be at a place named, in or near his town, to hear
complaints and correct errors. A patient hearing is given to everyone
with his witnesses, at the time and place named; and if good reason
is shown for a modification of his list, it is immediately made. In
this way the Commissioners serve as a gvast Board of Relief.

Their estimates of value have generally been received with ap-
proval, and the taxes based thereon have been promptly paid by the
great majority of owners. ‘There were some complaints which were
presented, not only to the Commissioners personally, but also through
the public press, with considerable acrimony; but the Commissioners
did not deem it necessary to defend a work which commended itself
to all impartial men. Persons who purchase more ground than they
can cultivate, who hold large areas for speculative purposes, ought
not to be relieved of their fair burden of tax because they reap no im-
mediate benefit from their holdings. And yet this is the class of
men, generally, who have been loudest in their complaints. When
compared with the valuations of oyster grounds in town jurisdiction
and the tax laid thereon by town officers, the State tax laid by the
Commissioners seems trifling. Allusion was made last year to the
oyster industry of Rhode Island. It was understood, at that time,
that there were 11,000 acres under cultivation, but this was a mis-
take; there were only 1,100 acres. And these pay the State annually
$11,000, while 71,700 acres in Connecticut paid a tax of $6,447.07
last year, and 56,793 acres a tax of' $3,681.47 the year before. It is
true the Rhode Island growers do not own their grounds, while the
Connecticut grower pays one dollar and ten cents fora guas? fee. But
the interest on this slight expense does not materially vary the above
comparison. As it is the whole area of designated grounds, cultivated
and uncultivated, which last year was 71,700 acres, averaged the

12 FOURTH REPORT OF SHELL FISH COMMISSIONERS

trifling tax of less than ro cents an acre, this, too, including penalties
for delay.

The highest estimate made by the Commissioners last year of any
ground was fifty dollars an acre. Reports have come in from trust-
worthy sources of sales made during the past year at prices varying
from one hundred to three hundred dollars per acre. Surely the com-
plaint that the valuations of the Commissioners are excessive is as
unreasonable as it is ungracious.

An attempt was made last winter to secure a law for the appoint-
ment of three persons to act asa Board of Relief, but it failed. So
far as the Commissioners are personally interested, they have not the
slightest objection to such a law; but acting for the best interests of
the State, they do not hesitate to say that such a board would be a
useless expense. If you take three men, one from the west end, one
from the east end, and a third from some point between, as has been
proposed, what will be the result? Conceding that each may be
thoroughly conversant with his own immediate neighborhood, he
knows little or nothing of grounds beyond; so that allowing the
knowledge of each to be shared by all three, it is still limited, and it
constitutes but a small fraction of what they ought to know. Thus
half equipped, if they attempt to review the Commissioners’ work,
what can they do? Each must of necessity adopt the individual
judgment of the other as to lots in the latter’s neighborhood, with
which alone he is familiar,—with a continual temptation before him
to favor his neighbors by low estimates; while all three must blindly
grope for conclusions in regard to the valuations of lots with which
they are not familiar. They can, of course, have hearings and ex-
amine witnesses; but if this is done without previous general knowl-
edge of the field, such as the Commissioners have, it will take all
their time during the year;—and thus, to say nothing of the great
additional expense to the State, you will have a judgment which,
from the nature of the case, cannot be more than half informed,
overruling the judgment of three men who have made a thorough
study of the business and of necessity must know what is just and
reasonable better than anyone else. This business differs entirely
from Boards of Relief touching lands upon the shore. There
they are in full view continually, and their value is fairly known to
every man of intelligence in the community; but in respect to lots
under water, they are never seen, their character is unknown to all
but the owner and his employees and the agents of the Board. The
Commissioners have no interest in the grounds, beyond what pertains

OF THE STATE OF CONNECTICUT. 13

to their official duties, and they have no inducement to favor one sec-
tion above another. If they could see any possible benefit from a
Board of Relief, they would gladly advocate a law for its appointment;
for it would relieve the Commissioners from some adverse criticism, at
least. But as servants of the State, looking to its best interests, the
Commissioners cannot recommend it.

DUMPING GROUNDS.

Pursuant to chap. cxxxi. of the Session Laws of 1883, the Com-
missioners have located dumping grounds off New Haven harbor and
off Bridgeport harbor, and they have appointed suitable persons to
accompany every boat when employed in carrying mud or other
material for dumping to such grounds. The result has been that the
boat captains have fully respected the law, and no complaints against
them have been made by the oystermen since the law went into effect.

SIZE OF BUOYS.

During the year the Hartford and New York Transportation Com-
pany has lodged complaints with Colonel Walter McFarland, of the
United States Engineers, against the use of unnecessarily heavy spars
for buoying out grounds. The subject was courteously referred by
him to the Commissioners, and after due inquiry and deliberation a
rule was established forbidding the use of buoys of larger dimensions
than three inches by four inches—or if tapering spars are used they
are not to exceed four inches in diameter at a point six feet below the
surface of the water. Since this rule was made known, the engineers
have strictly adhered to it—and no complaints have since been made
by the Transportation Company to the Commissioners.

GENERAL REMARKS.

That there is a steady growth in the oyster industry of the State is
obvious in many ways: One of the most striking proofs is the rapid
increase in the number of steamers employed. ‘There are already in
the business forty steamers, with an aggregate carrying capacity of
36,720 bushels, as appears from the following table:

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16 FOURTH REPORT OF SHELL FISH COMMISSIONERS

In addition to the above, there are four others in process of con-
struction:

Roland & Tuthill are building at the yard of Richards & Weed, at
South Norwalk, a seventy feet steamer, with a capacity of 1,500
bushels. . |

The Hoyt Brothers, under the direction of Capt. Charles W. Hoyt,
are building at Fair Haven a steamer fifty feet in length and sixteen
feet beam, with a carrying capacity of 1,200 bushels, to be ready for
business April rst.

Capt. Charles Loundes has plans to build this winter a steamer at
Five-Mile River, with a capacity of 1,500 bushels.

Ludington & Palmer will also build during the winter a steamer of
similar capacity.

Thus, by the opening of business in the spring of 1885, there will
be forty-four or forty-five oyster steamers employed on the Sound.

Of this large fleet of steamers, the Early Bird, owned by Cook &
Hilton of Norwalk, was the first used in the oyster business of the
State. She was very small, but she has the distinguished credit of
being the pioneer in the application of steam to the development of
this great industry. This was not quite ten years ago; and it is evi-
dent that steamers must ultimately supersede sail vessels, as in most
other occupations on the water.

Another proof of the growth of the business is the great increase
of shipments of seed and grown stock to neighboring States. The
quantity of seed shipped is increasing annually, although the price
per bushel is considerably Jess than formerly. Still, this is probably
the largest and most profitable branch of the oyster industry of this
State to-day. The distributing of oysters in the shell and in kegs and
cans to all parts of the United States is carried on all the year round.
With increased freighting facilities and improved preserving appliances,
the trade is constantly growing. Probably no stock is produced on
the Atlantic coast that reaches the consumer in better condition, after
a long journey, than that shipped from Connecticut at any season of
the year, even in the hottest summer months.

There is also an increase in the foreign trade, both for seed and
full grown stock of medium size. The Hoyt Brothers, one of the
largest oyster firms of the State, beginning late in the fall, ship from
two hundred to three hundred barrels a week for immediate con-
sumption. They pack 950 four-year-olds, or 1,500 three-year-olds,
in a barrel. The freight to England averages about seventy-five cents
a barrel. The American oyster is considered the best, although the

EGS Spe BS crys ty asl eg ag Sar Act Sa

THE PIONEER OYSTER STEAMER.

18 FOURTH REPORT OF SHELL FISH COMMISSIONERS

British native, on account of its scarcity and British prejudice, sells
for more: the former bringing two cents and the latter four cents each.

About the first of February they begin to ship to England oysters
of the same growth as above mentioned, to be planted, for summer
use, in water twenty-four feet deep at high tide; but which leaves
them bare at low tide. The planting is continued through March
and April, to the middle of May. The shipments from here cease
about the first of May. These plants serve for summer and early fall
use. The English oystermen begin to gather them with forks and
dredges at the low spring tides. They have no steamers; all their
work is done in small boats. This supply generally lasts until ship-
ments of stock for immediate use begin again in the fall.

The best grounds in use for planting Connecticut stock are at Whit-
stable, near the mouth of'the Thames; Brightingsea, on the south-
east coast; Clerethorps, near the Humber, on the south-east coast,
and a tract on the east coast of Ireland between Dublin and Belfast.
The American oysters thrive well at any of these places, and they are
much improved in condition and flavor. They have had some suc-
cess shelling the ground and catching spat; but the growth is slower
than on our shores. The cultivators do not own the grounds. They
are leased from the great landholders, and, in addition to rent, the
cultivator pays a moderate tax. The grounds are marked out by
stakes and buoys, and the oystermen are careful not to trespass upon
each other. For example, they have maintained one policeman to
watch the grounds at Brightingsea for forty years, and he has never
had an occasion to make an arrest for stealing.

The firm above alluded to has shipped the past year ten thousand
barrels of oysters. Although the English cultivator plants stock from
Germany, Portugal, and France, the American plants are conceded by
all to be unquestionably the best. It isa fact that deserves notice,
that in freighting oysters to England this firm has never lost a bushel
by bad weather, long passage, or otherwise. The steamer Baltic once
broke her shaft, and was delayed on her voyage about six weeks;
although the oysters from other sections were condemned, those of
the above firm arrived in good condition, without a dollar’s loss.

Oysters for shipping are packed in flour barrels, very carefully, the
hollow shell down; and are pressed down by heavy weights, so that
when the barrel is headed the oysters are as compact as a solid mass,
and so losing but little, if any, liquor, they can be kept a long time.
A barrel contains three bushels, and weighs about 250 pounds.
Oysters are admitted there free of duty.

OF THE STATE OF CONNECTICUT. 19

Another Connecticut grower shipped five thousand barrels, valued
at twenty thousand dollars, the past year.

Another shipped to California six thousand two hundred and fifty-
nine bushels.

Another made foreign shipments aggregating ten thousand dollars.

Another shipped two thousand bushels.

Another shipped twelve hundred barrels.

These are but a few items which the Commissioners have been able
to gather from the oystermen.

To obtain more complete statistics of the industry of the State, the
Commissioners sent out to the oystermen about three hundred and
_ fifty circulars containing inquiries pertaining to the business. Of
these only sixty answers were received—some of which were of no
value. The rest, as far as they went, were on some points very
instructive. Out of forty steamers only seven were reported—and out
of a fleet of probably three hundred sail vessels only forty-three were
returned. These reported vessels vary from 2%% to 100 tons, and show
an average of about 18 tons each, with an average capacity of about
50 bushels each, varying from 30 bushels to 2,000 bushels. The
number of their employees, including vessel hands, varies, according
to the season, from 200 to 300 persons.

The quantity of oysters taken by these owners, with 7 steamers and
43 sail vessels, aggregates 230,000 bushels, varying in price from 40
cents to $1.35 per bushel.

There seems to be a great disinclination on the part of most of the
oystermen to answer any inquiries about the extent of their business.
Such questions are looked upon by them as an impertinence. And
perhaps it would be an impertinence if the object was not a worthy
one. The Commissioners have tried to get the information, but have
failed. When the oystermen appreciate the importance of correct
statistics about their business they will doubtless answer the Commis-
sioners with more alacrity. It is obvious that the sixty answers,
where there ought to be three hundred and fifty, are insufficient data
for accurate deductions. To those oyster growers who promptly
responded to their inquiries, the Commissioners present their grateful
acknowledgments. —

The answers in regard to the star fish were interesting and instruct-
ive. They show that many cultivators have entirely escaped them,
while others, a very large number, have suffered serious loss. It is
estimated that over fifty thousand bushels of stars have been caught
and destroyed by the oyster growers the past year. In certain neigh-

20 FOURTH REPORT OF SHELL FISH COMMISSIONERS

borhoods the waters teemed with them. Such multitudes had not
been seen for many years. It is believed, however, that they will not
be so abundant again for some years to come. Still, a constant war
must be maintained against them, even in ordinary seasons.

In reply to the question put by the Commissioners, Where do
they most abound? the answers were various; but a fair deduction
from them shows that they are found at all seasons of the year in all
salt waters of the Sound; that they remain on the natural beds and
other grounds where the young seed oysters are as long as they find
food abundant, and then they attack the neighboring cultivated beds.
They are quiet in July and August, when they form into large
bunches or rolls for spawning. They are most destructive in the fall,
winter and early spring months. They are rarely found on mud bot-
toms; they seem to prefer hard clay or rocky bottoms, and they
gather about the headlands and on lines running off from the head-
lands into the Sound. The depth of the water seems to make no dif-
ference to them. Many insist that it is on natural beds where they
most abound; others, with equal positiveness, say that they are no
more abundantthere than elsewhere. As efforts are continually made .
by cultivators to keep their own grounds clear, and as no such efforts
are made on the natural beds, it would not be strange if they were
abundant there. It is also asserted that they breed on neglected
grounds, of which there are many hundred acres scattered among cul-
tivated beds. ‘They also breed among inaccessible reefs and rocks,
and when large enough begin their depredations upon the nearest
beds.

In reply to the Commissioners’ question, What would you recom-
mend that the State should do towards their extermination? the
answers were various. ‘The principal ones were in substance:

‘*The State should pay a bounty on every bushel caught on the
natural beds.” ‘Steamers should be permitted to dredge on the public
beds where the stars abound the most, especially in breeding time.”
“ The time is not far off when the oystermen will reduce them so that
they will be little trouble, especially when they get the grounds all
planted; but cannot see clearly how the State can do anything with-
out heavy expense, which will finally come back on the oystermen
again in the way of taxes.” ‘‘ Let every man keep a good look out
for his own grounds; as fastas they gather work on them and clean
them out, and let the State clean the natural beds, and all will be
well.” ‘‘ Enforce the law against throwing the stars back into the
water when oncecaught.” ‘‘ Let the steamers dredge for oysters on the

OF THE STATE OF CONNECTICUT. Ze

beds and catch the stars at the same time.” ‘‘ The oystermen should
catch all they can.” ‘‘ Let each and every man take care of his own plan-
tation and look out for his own interests.” ‘‘ Leave the work with the
Shell Fish Commissioners.” ‘‘ Let the State pay half the expense of
catching them.” ‘‘ Let the State employ steam oyster boats, when they
are not busy, and catch them when they are bunched.” ‘‘ Let the
State keep two or three steamers to render aid to those who have no
steamers.” ‘‘Sell all the natural beds in small lots to the highest
bidder, or else put a high bounty on the stars.” ‘‘Appoint a special
committee of inquiry and report to the Shell Fish Commission or to
the Legislature before February rst, 1885.” ‘‘ Passa law compelling,
under heavy penalties, all parties to catch off the vermin from their
unoccupied ground; steamers on the natural beds would not do
any good; the stars must be exterminated some other way.”
‘*Offer a bounty, make the stars into a fertilizer and sell it to the
farmers; it will pay a part, ifnot all the expense.” ‘‘ The State should
do nothing.”

In view of these differences of opinion, it is difficult to come to any
satisfactory conclusion as to what, if anything, ought to be done by
the State.

The Commissioners have discussed the subject in their previous
reports—and they have but little to add. Certainly any attempt to
introduce steamers on the natural beds would only result in the repe-
tition of those conflicts between the oyster cultivators and the ‘‘ natural
growthers” (as they are commonly called), which were so prolonged
and so bitter, and which occupied so much of the time and attention
of the legislature a few years ago, to no good result. We believe any
attempt to introduce steam would be opposed strenuously bya large
majority of respectable citizens.

As to those who, for their own reasons, do not choose, for the time
being, to cultivate their grounds, any law to compel them to keep
watch over their grounds and dredge for stars, would seem unreasona-
ble and oppressive. No one would think it right to compel a farmer
to maintain a hunt through his woodland for wolves, or foxes, or other
animal marauders, because perchance they may be roaming there, and
some time may make incursions against his neighbor’s chickens or
sheep. To meet such troubles as these the State has never passed
coercive laws, but it has in several instances offered bounties for
killing such wild animals. It seems, therefore, more in harmony
with justice and precedent for the State to offer a small bounty for
catching stars in any of the waters under State jurisdiction. It is

22 FOURTH REPORT OF SHELL FISH COMMISSIONERS

believed that under proper restrictions such a bounty would cost the
State but little, while it might result in making such inroads upon the
pests as may render them comparatively harmless. They are valuable
for fertilizing purposes, and may be sold for a sum that would partly
pay the bounty. But the Commissioners do not recommend any
particular action.

The past season has been highly favorable for spawning; there has
been an abundant set, and up to the Ist inst. it is reported as doing
well. Thus far the stars do not seem to have been so destructive as
the year before, and there is good reason to believe that the young
growth will escape serious molestation. It is when their shells are
thin and tender that they become an easy prey to these as well as other
enemies.

On the 26th day of August, 1884, Mr. James A. Bill succeeded
Mr. George N. Woodruff as Fish Commissioner, the term of the latter
having expired on that day.

Before closing this Report, the Commissioners cheerfully bear wit-
ness to the industry and faithfulness of Secretary Botsford and Engineer
Bogart in the discharge of their multifarious duties in the office, and
to the energy and success of Engineer Sandford and his assistant, Mr.
Pike, Jr., in their toilsome and hazardous work upon the water.

The laws passed at the last session of the Legislature, pertaining to
the oyster industry, will be found in the Appendix of this Report.

The financial statement for the year ending November 30, 1884, is
as follows :

STATEMENT OF THE FINANCIAL TRANSACTIONS OF THE SHELL FISH

COMMISSION FOR THE FISCAL YEAR ENDING NOV. 30, 1884.

RECEIPTS.
Total amount received and paid to State Treasurer, - - $13,731 84
From the following sources, viz.:

For deposit fee on applications, - - - - $394 04
For deeds delivered, - - - Ja Fe - 6,505 68
For drawing assignments and recording fees of

Clerk, - 2 = - - - : 138 00
For private surveys by Engineering Department, 207 05
For deposit fee on trials of disputed boundaries, 40 00
For taxes collected, - - - - - - 6,447 07

——— $13,731 84

OF THE STATE OF CONNECTICUT.

DISBURSEMENTS.

Total disbursements for Fiscal Year, - = =
As follows, viz.:
For salary of Clerk, $1,383.33; postage, station-

Cnn Gas; CLC... PLSO1Q, | °- - - - $1,533 52

For rent of office, = = - = - - 249 96

For Janitor, = - - - - = - 39 00
For salaries and incidental expenses of Engineer-

ing Department, — - - - - - 6,165 73

For amount paid Inspectors of muddumping, - 325 00

Net expenses of office, $8,313 26
For cash returned for deposit fee on applica-

31°23

tions rejected, - - - z :

SUMMARY. |

Total receipts, - : - b E 3
Total disbursements, - 4 2 = = :

Excess of receipts over disbursements, -
Balance in bank, Dec. Ist, 1883, = - -
Drawn from the Treasurer during the year, -
Vouchers returned and approved by Comptroller,
Balance in bank, Dec. Ist, 1884, - - -

Pay of the three Commissioners, - - -
Expenses of the three Commissioners, = :

iia 2, eet

All of which is respectfully submitted,

WILLIAM M. HUDSON,

ROBERT 'G, PIKE;
JAMES) Av BIEL,

$8,350 49

$8,350 49

$13,731 84
8,350 49

$5,381 35

$633 80
8,000 00

$8,633 80
8,350 49

$283 31

$2,925 00
2,140 79

$5,065 79

Commissioners of

Shell Fisheries,

24 FOURTH REPORT OF SHELL FISH COMMISSIONERS

Engineers Report.

To the Commissioners of Shell Fisheries of the State of Connecticut:

GENTLEMEN:—The principal features of the work performed in the
Engineering Department during the first four months of the fiscal
year were as follows:

The making of a new general map of the oyster grounds of the
State, to be used in the Committee room at Hartford, and also a like
map for use at your office.

The finishing of the maps which are prepared in the field, during
the summer and fall, to check the surveys made during that period.
The plotting on the permanent, or working, maps of the office, of
surveys made the previous season. ‘The preparation, for the Tax De-
partment, of a series of tracings by towns, on a scale of 1 in 20,000,
for assessment purposes. ‘The tracing, by record, of transfers of prop-
erty. The mapping of applications and drawing descriptions, mathe-
matical in character, for deeds of the same. Preparing a set of
tracings for use in connection with the setting of buoys. ‘Taking off
angles for probable buoy work during the field season. Making a
complete copy, in ink, of the buoy records of the office and indexing
the same, and also of other records. The making of computations
and tracings, on demand, for private use, and for which a charge was
in all cases made. The careful reviewing and comparing of notes
and maps. Clerical work in connection with the tax bills.

The basis of the map for use at Hartford was formed by jointing
together the three sections of the coast survey chart of Long Island
Sound. The maps of the office were reduced, by the use of a panto-
graph, from their large scale to the small scale of this combined chart
and then transferred on to the same. The reductions and transfers
were executed with much skill by Mr. D. C. Sanford. ‘The map was
then colored and lettered, the State and town lines added, and also
various squares giving the size, to scale, of certain areas, as 50 acres,
100 acres.

The companion map at your office is of much use, as it shows at a

OF THE STATE OF CONNECTICUT. 25

glance what parts of the vast area under your jurisdiction yet remain
as public domain. Although of small scale, it suffices for receiving
all applications for grounds situated off shore.

As fast as applications are received they are mapped on this map
and tinted blue and the number of the application inked on it.
Should an application be rejected, or cancelled, it is at once erased
from this map. Applications which are too small to show distinctly
have their numbers conspicuously placed within the limits of the town
where the ground is situated. A memorandum is added, and refer-
ence to the file of applications is all that is necessary to learn other
details concerning such application. Ground which was designated
prior to May 1, 1881, is shown by a pink tint.

The tracings for assessment use were made by Mr. Sanford. Also
the buoy tracings, and the record searches. He also prepared the
books of buoy angles, of which full mention is made hereafter.

The copies of the buoy books were made by Mr. R. G. Pike, Jr.,
and like the original notes, they present a uniform and handsome
appearance. He also assisted for two weeks in the clerical work of
the Tax Department, and also made various tracings.

THE WORK IN APRIL AND MAY.

Excepting the days occupied in doing buoy work and in repairing
and building of signals, the months of April and May were devoted
to completing necessary. office work for surveys planned for the field
season.

THE FIELD WORK—SIGNALS.

The twenty-six signals necessary to be maintained for buoy work,
extending from Portchester to the Connecticut River, were inspected
by Mr. Pike, Jr., during the month of April and early part of May.
They were found to be in good condition and required but slight
repairs. The practice of whitewashing the signals was abandoned
and white paint substituted. The result has been highly satisfactory,
the signals gleaming with great distinctness, and thus enabling us
to observe on many days when otherwise the signals would have been
too dim to warrant safe observing. I would recommend painting the
signals at each spring inspection. Also that next spring, the signals
that are near dwellings, have the land sides of the tripods boarded up
and painted. ~Thus the same symmetrical and tidy appearance will
be presented to the dwellers on the shore as to the observers on the
water, and all grounds of offense as to their appearance be removed.

26 FOURTH REPORT OF SHELL FISH COMMISSIONERS

Three new signals were erected. One at Field Point, one at the
mouth of Five Mile River, and one at the mouth of Farm River.
The first two are poles thirty feet in length, eight inches in diameter
at the base and six inches at the top. They stand on ledges and are
supported by three iron guys, which are leaded into the rock. Aone
inch iron rod was set in the rock and the pole well banded at the
foot, set onthis rod. The guys are also secured at the top by a heavy
iron band. ‘These poles are painted white, and in fair weather are
readily observed on, at a distance of two and one-half miles.

The signal at Farm River is after the ordinary wooden tripod style.

The position of the Field Point signal was determined in 1882.
For the position at Five Mile River, I observed the necessary angles
with the theodolite on April 21st and May 14th. The position at
Farm River was the result of a traverse line run in 1883.

November 13th, the signal known as ‘‘ Canal,” and situated near
the west bank of the Saugatuck River, was reported as not standing.
Mr. Sanford states that ‘‘ one brace was cut in two and a second brace
was nearly severed. The cutting was apparently done with a dull
hatchet.”

Each of your signals has tacked to it a notice, printed on cloth,
which reads as follows :

‘‘Notice! In the interest of all, persons are requested not to dis-
turb this State oyster survey signal.”

I would recommend that section 2 of chapter li. of the Public
Acts of 1883, relative to malicious injury to signals, be added to this
notice.

The penalty is a fine of not less than seven nor more than one
hundred dollars, or by imprisonment, not less than ten nor more than
ninety days, or both.

By virtue of the authority vested in you by section 1 of the same
act, you have secured leases of a plot of ground surrounding the signal
at Kelsey Point, town of Clinton, and at the Highlands, town of
Guilford. Concerning the desirability of leases at other points I shall
report during the winter.

THE BUOY WORK.

The regular work of the party in the field began May roth, and
continued till December 1st; Messrs. Sanford and Pike, Jr., residing
at South Norwalk during said time, excepting the six weeks spent at
Stamford. I observed on the work till May 14th. The greater part
of the buoy work done the past year was situated west of Bridgeport.
But some buoys were set by your party in each of the towns as far

OF THE STATE OF CONNECTICUT. 29)

east as Old Saybrook. The number of buoys set was 418. Buoys
-surveyed 493. Rocks, trees, and drill holes, whose position was
determined with the sextant, 12. Total positions determined by sex-
tants, 923.

The noticeable results of these surveys are the opening to cultiva-
tion (with assured location) of some thousands of acres of new ground,
the completion of the surveys of lots off the town of Greenwich, the
mapping of the Roton Point and Fish Island natural beds, the map-
ping of abandoned but legal claims south of Smith’s Island, and the
mapping of lots off Stamford and Darien.

The preparations made for buoying out the grounds sold were very
satisfactory, and relieved me of much detail work. The plan of ar-
ranging the notes for field use was as follows: A tracing ona scale
of 1 in 20,000, showing the lots off one or more towns, so that the
tracing did not exceed 24 inches in width, thus securing it against
being unwieldly in the wind, was made. Beginning with the number
I, the corners of the lots, and intermediate points on their sides
where desirable, were numerically numbered with black figures, fol-
lowing each other in some natural order of arrangement. At points
where buoys had been previously set or surveyed, their number was
placed in red ink. Note books, 4 by 634 inches in size, and con-
taining 160 pages, were bought, and the successive pages stamped
with large black figures, and corresponding buoy numbers entered in
red, so far as they occur. ‘The proper sextant angles were taken from
the working maps of the office and duly entered in the note books.
These books have printed on their covers, in full and plain letters,
with a hand-stamp, the name of the town or towns for which they
contain notes.

The tracings are plainly lettered at theirends. They are carried in
a tin case which contains a spring roller. As the case is so arranged
as to allow the tracings to be readily taken out and put back, one case
suffices for each party in the field.

The advantages of this system are obvious. It saves much labor in
looking up material. If buoy setting is to be done off any town we
have simply to take the book and tracing for that town, and we are
sure to have the requisite data with us. As new sales are made, the
tracings are added to, corners numbered, and angles for the corners
entered in these note, or angle, books.

Every buoy set or surveyed receives a number, and this number
always appears in red ink on your maps and tracings. When a loca-
tion receives a red number it always retains that number, unless there
is reason to change the angles.

28 FOURTH REPORT OF SHELL FISH COMMISSIONERS

The practical operation of the notes as prepared for field use is as
follows: The corner at which a buoy is desired set, is found on the
map, and the black number noted. We have then simply to turn tothe
page of the note book corresponding to this number, and we find the
angles needed. Ifa buoy has ever been set or surveyed at this point,
its number will appear -in red ink on the page with the angles. If
such number appears it is called off, and the recorder writes against
the proper blank space in the buoy record book, the number of the
buoy, with the affix ‘‘ reset.”

Whenever a buoy is set or reset, its number is noted in red ink on
the proper page of the angle book, together with the day, month and
year, —all by numbers. At each buoy which is set by angles deduced
from office work, the check angle is observed after the buoy is set,
and if different from the angle called for, the reading of the sextant
is noted in red ink. If the difference is enough to excite suspicion
as to the correctness of the work, an investigation at once takes place.

The buoy record books are 5% by 734 inches in size, and each
admit the notes for fifty-nine buoys. A full double page is allowed
for each buoy. The following words are printed on the left hand
page, and suitable blank spaces left to be filled out, namely: Locality:
Date: Buoy: Station: Atmosphere: Objects: Angles: ° ' "’: Objects Ob-
served: Time: h. m. Depth: Fath. Feet: Reduced Sounding: Feet:
Character of Bottom: Persons Present.

On the right hand page: Odservers: Sextants: Description of Sta-
tion: Ranges.

Each page has twenty-seven blue lines ruled across it. This
printed form precludes the chance of forgetting desirable information.
It also creates uniformity in the details obtained.

The indexing is done in a book which is 8 by 10% inches in size.
Each page contains space for twenty-five buoy numbers, and is so
ruled as to admit of each buoy being entered by volume and page,
five times. Should a sixth entry of the buoy be found necessary, the
buoy number would be carried to the rear of the book, and such fact
noted. ‘The index is numerical, and each double page presents to
the eye successive fifties, instead of successive alphabetical letters.
After exhausting the lines, we begin again and run-the index down,
beginning at 1,300, and so on through the book. Should an inquiry
arise as to how often any point has been visited, we have simply to
look at the number of the buoy, turn to the index, and the number
of entries, by volume and page, shows at a glance what we wish to
know and where to find all the details.

OF THE STATE OF CONNECTICUT. 29
HIGH WATER LINE SURVEYS.

Surveys of the high water line have been made at Farms, Sher-
wood’s, Pine Creek and Colyer’s points, for the purpose of determin-
ing, and making a proper survey record of, the shore contact and exact
point of change in direction of the Commissioners’ line of jurisdic-
tion.

SEATISTICS’ RELATIVE TO APPLICATIONS:

During the year I have drawn descriptions for the deeds of 120 ap-
plications. The area deeded and paid for under the same is 6,505.68
acres. This makes a total area of 45,054.58 acres deeded since June
Ist, 1881. The applications now pending for which deeds have not
been tendered, are 71 in number, and aggregate 3,593.3 acres.
Fifteen deeds, having an aggregate area of 7,108.1 acres, are pending.
Ninety-two applications, having an aggregate area of 4,418.2 acres,
have been received during the year. Total number of applications
received is 576. Total area of the same is 88,964.15 acres. Of this
area the sale of 33,208.17 acres has not been effected ; the principal
causes being rejection of applications and cancellation of deeds for
non-payment.

ROTON POINT AND FISH ISLAND NATURAL BEDS.

A full description of the outlines of these beds, as adopted by you,
is presented herewith. There was but one idea as to the southern
limit of these beds, and it was always defined as being ‘‘ the old com-
mittee line.” From the testimony given at various hearings, it would
seem that the points towards which this line ran were somewhat dif-
ferent in location at different periods of time. The same general
description was always given, but the ends of the line were not specific
points in all cases. An exact survey ofall of these descriptions would
be difficult. It was discovered that the widest interpretation did not
interfere with adjoining private beds, the north line of which had been
sanctioned by undisturbed occupation for many years.

The line, as adopted, may be described as beginning at the south-
west corner of C. W. Bell, and running westerly along the north line
of Craw and L’Hommedieu and of John H. Monsell, and continuing
until a range of the cupola of Charles Loundes’ house on with high-
water mark on the east side of Five Mile river is arrived at, and from
this point running westerly in the direction of the cupola of H. W.
Collender’s house, to the south-east corner of Wm. I. Stevens.

30 FOURTH REPORT OF SHELL FISH COMMISSIONERS

DUMPING GROUND OFF BRIDGEPORT.

In accordance with the intent of chapter cxxvi., section 2, of the
Public Acts of 1882, you reserved an area of 239 acres as a dumping
ground for all material taken from Bridgeport and Black Rock Har-
bors, and their vicinity. The northeast corner of this reserve is readily
found by the following ranges: 1. Tower of Bridgeport lighthouse,
on with middle tree of cluster of three prominent trees on Success
Hill. 2. Tower of Penfield Reef lighthouse, on with Congregational
spire at Fairfield. The north boundary line runs magnetic west 3,478
feet, to bring Black Rock lighthouse and Penfield Reef beacon in
range; thence magnetic south 3,000 feet ; thence magnetic east 3,478
feet ; thence magnetic north 3,000 feet to the point of beginning.
The bearing of the northeast corner from the Bridgeport lighthouse
is S. S. W., % W., and the distance is 4 qs miles. The north and
east sides were buoyed out June 2oth, 1884.

EXPENSES ENGINEER DEPARTMENT.

Salaries, - - - - - - - $4,409 47
Pay of men not under salary, = = = 21226
Traveling expenses party in field, - - - 699 66
Signals, general repairs and inspection, - 22% O14:
SignaJs, at Field Point and Five Mile River, 4I 15
Signal at mouth of East Haven river, - - 12 69
Steamboat hire, - - - - - - 18 00
Tools and field supplies, —- . - - 165 28
Office supplies, - - - - - - 100 15

Eighteen feet cedar boat, sail, three pair of oars
and oarlocks, - - - - - 139 50
Ground rent for signals, - - - - 222215
Traveling expenses of Engineer, - - - 78 38
Postage, - - - - - - - 17 68
Express charges, - - - - - - 20 68
Telegrams, - - - - - - - 6 47
$6,165 78

RECEIPTS ENGINEER DEPARTMENT.

For buoy setting and office work, - - $207 O5

The sum of $214.38 is yet due for buoy setting and office work
performed during the year.
The cost value of property on hand belonging to the Engineer
Department, as shown by inventory presented herewith, is $1,427.41.
Respectfully submitted,
JAMES P. BOGART,
Engineer for Commissioners of Shell Fisheries.

OF THE STATE OF CONNECTICUT. 31

Laws Relating to Shell Fisheries.

PASSED AT JANUARY SESSION, 1884.

CHAPTER. XXI:

AN ACT CONCERNING THE TAKING OF SHELL FISH AND EELS IN SHER-
WOOD’S MILL POND.

Le tt enacted by the Senate and House of Representatives in General
Assembly convened:

Any person who shall, between sunset and sunrise, take or catch any
eels or shell fish, or collect any shells from Sherwood’s mill pond or the
coves and creeks connected therewith in the town of Westport, between
Gallup’s Gap bridge and the dam across the mouth of said pond south
of said bridge, shall be fined not exceeding twenty-five dollars, or im-
prisoned not exceeding thirty days, or both.

Approved March 5, 1884.

CHAPTER XXII.
AN ACT AMENDING AN ACT RELATING TO FISHERIES.

Le it enacted by the Senate and House of Representatives in General
Assembly convened:

Section seventeen of article one, part one, chapter four of the general
statutes (page 216), is hereby amended so that the same shall read as
follows: Every person who shall, between the first day of March and
the first day of November in any year, gather any oysters or oyster
shells in or upon any of the flats, creeks or banks of the river Thames
or the Pequonnock river, shall forfeit not less than seven nor more than
fifty dollars, half to him who shall prosecute therefor, and half to the
town in which the offence is committed, or be imprisoned in the work-
house or common jail not exceeding thirty days, or both,

Approved March 5, 1884.

32 FOURTH REPORT OF SHELL FISH COMMISSIONERS.

CHARGER Cir.

AN ACT AMENDING AN ACT RELATING TO NAVIGATION.

Be it enacted by the Senate and House of Representatives in General
Assembly convened:

SECTION I. Section six of chapter nine, title sixteen of the general
statutes (page 254), is hereby amended so that the same shall read as
follows: Every person who shall place any material which shall tend
to obstruct navigation in navigable waters, shall be fined not less than
ten nor more than one hundred dollars; and such material shall be
deemed a nuisance, and such person shall be ordered by the court before
which the conviction is had to remove such nuisance within thirty days,
and, on his failure so to do, any person may remove the same at his
expense; but this section shall not apply to oyster beds that have been
duly designated and set out for the purpose of planting and cultivating
oysters thereon.

SEC. 2. Nothing in this act shall prohibit the filling or wharfing out
in such waters, between the shore and the harbor lines established in
any harbor under the laws of this State.

Approved April 4, 1884.

CHAPTER CVIE

AN ACT FOR THE ENCOURAGEMENT AND PROTECTION OF OYSTER
FARMING,

Be it enacted by the Senate and House of Representatives in General
Assembly convened:

Chapter forty-three of the public acts of 1883 (page 250) is hereby
amended so that it shall read as follows: Any person who shall wilfully
deposit, or assist in depositing, any star-fish or periwinkle in any of the
navigable waters of this State, shall be punished by a fine of not less
than fifty dollars, nor more than five hundred dollars, or by imprison-
ment, not less than three months nor more than one year, or by such
fine and imprisonment both.

Approved April 4, 1884.

a
4

: FIFTH ee SE a 3 A

STATE OF CONNECTICUT.

tty
Cares
Ra |

hha Nracs

eee ie @ ik

—OFr THE—

ohell fish Commissioners

Of THe

ee be OF CONNECTICUT

Tha = I 1 ara
NNT Fy I [ pale Noel

Engineer for Commissioners of Shell Fisheries,

MIDDLETOWN, CONN.:
PELTON & KING, PRINTERS AND BOOKBINDERS.
1885.

Commissioners of Shell Fisheries.

aden

ROBERT G. PIKE, - ori iae - - - Middletown.

WILLIAM M. Hupson, - - - - - Hartford.

James A. BILL, - - - - - - - Lyme.
CLERK,

FREDERICK BOTSFORD, - - - - - - New Haven.
ENGINEER,

James P. BoGart, - - - - - - New Haven.

FIELD ENGINEER,
Davip C. SANFORD, - - - - - - New Haven.

ASSISTANT ENGINEER,
Roperr *G, (Pike; jr - - - - - Middletown,

Selah OF CONNBCHCUd.

INE PORT.

To His Excellency the Governor and the General Assembly of the
State of Connecticut :

Owing to the recent change in the fiscal year of the State, this
report begins with December 1, 1884, and ends with June 30,
1885. It consequently covers a period of only seven months.
During this time the various duties of the Commissioners have
been faithfully attended to and a large amount of work accom-
plished, as will be seen from the following details :

ENGINEERING.

The Engineering Department has been under the able man-
agement of Mr. James P. Bogart, with the same efficient assist-
ants as before. The first four months of the period covered by
this report being winter months, little or no work was done upon
the water. ‘The time was fully occupied by the engineers working
up the material gathered in their out door work during the pre-
vious summer, and applying it to the correction of old and
the making of new maps. In the spring the work of surveying and
buoying was resumed, principally on lots claimed to be held and
occupied under town committee titles, and from time to time on
lots designated by the Commissioners. All the signals along the
shore were inspected and repaired, and some new triangulation
points established. One hundred and ninety-two buoys were
set and twenty-two surveys made, which, for the brief period the
engineers were employed, compares favorably with the work

4 FIFTH REPORT OF SHELL FISH COMMISSIONERS

done in previous years. A more detailed statement of engineer-
ing work will be found in Mr. Bogart’s report appended hereto.

DESIGNATIONS.

During the period covered by this report the number of appli-
cations for oyster grounds was twenty-nine, covering an area of
eleven hundred ten and one-tenth acres; six hundred thirteen
and twenty-two one-hundredths acres were designated, bring-
ing into the State Treasury the sum of six hundred seventy-
five dollars and fifty-seven cents. Sixty-thtee applicatious are
now pending, waiting for a hearing or for deeds delayed for
want of surveys required for accurate description. These will
yield to the State the sum of four thousand eight hundred twelve
dollars and four cents.

Four completed deeds await payment, covering an area of two
thousand one hundred forty-eight and one-tenth acres, which will
yield twenty-three hundred sixty-two dollars and ninety-one
cents.

Since June, 1, 1881, the time when the work of the Commis-
sioners began, the total number of applications received is six
hundred and three, covering an area of ninety thousand and
sixty-four and one-quarter acres; of which forty-five thousand six
hundred sixty-seven and eight-tenths acres have been granted,
yielding to the State the sum of fifty thousand two hundred thirty-
four dollars and fifty-eight cents.

If to the designations thus made by the Commissioners are
added those made previously by the town committees of grounds
within the area of the Commissioners’ jurisdiction, viz.: thirty-
three thousand nine hundred eighty-seven and nine-tenths acres,
the total area heretofore granted in said jurisdiction is found to
be seventy-nine thousand six hundred fifty-five and seven-tenths
acres, of which sixteen thousand two hundred one and seven-
tenths acres are cultivated, and sixty-three thousand four hun-
dred forty-five and seven-tenths acres are uncultivated.

The number of tax-paying cultivators at the time the list was
first prepared in 1882 was two hundred and sixteen; in 1883 it
was two hundred and ninety; in 1884 it was three hundred and
eighty-five; and in 1885 it was four hundred and twenty-three. Of
the latter, ninety-three own ten acres and under apiece; thirty-
three own from eleven acres to twenty-five acres apiece; one
hundred and fifty-two own each from twenty-six acres to one

OF DEE, S DALE OF (CONNECTICULS | 5

hundred acres; and one hundred and forty-five own each one
hundred and one acres and upwards.

The area of cultivated grounds is constantly and rapidly increas-
ing. The grounds which remain uncultivated are mostly owned
by oyster growers, and they will shell and plant as fast as prac-
ticable. Still it is believed that many acres of good ground are
held for speculative purposes. With some of these grounds the
period of five years will soon expire, when Section 5, Chapter
CLX. of the Laws of 1881, must be enforced by the Commis-
sioners. This section provides that if the grounds are not occu-
pied and used for oyster cultivation within five years after desig-
nation, the Commissioners shall apply to the Superior Court to
appoint a committee to inquire as to such use and occupancy, and
if it is found that the grounds have not been cultivated in good
faith the Court may order such grounds to revert to the State.

The belief prevails, to some extent, that all of the best lots in
the state waters have been taken; but this is not true. Lots
nearest the shore have been deemed more accessible, and have
been generally preferred by cultivators. But there are thou-
sands of acres of grounds available for cultivation which are still
open for designation. And there is reason to believe that many
would gladly take up a large area of these grounds if they were
not forbidden _ by law.

The act establishing the State Commission for the designation
of oyster grounds, approved April 14, 1881, permits applications
to be made only by “persons who have resided in the State not
less than one year next preceding the date of said application.”
A like restriction is put by the same act upon all assignments of
oyster grounds granted by the State. It is obvious that the pur-
pose of the law was to exclude non-residents from its privileges.

The Commissioners believe this law to be as impolitic as it is
in many instances ineffectual. It is easily evaded. There are
many acres of land legally designated to residents which have
been paid for and are really owned by non-tesidents. Besides
this, grantees in ignorance of the law have in several instances
sold to non-residents, who have bought in like ignorance. If the
purpose of the law was to give citizens a preference, its purpose
is fully accomplished, and it is believed that the time has come
when such restrictions should be abolished, and the grounds
thrown open to every one who will pay for them. This would
promote the sale of state grounds and bring considerable money

O.0GE vs
33 5 § 7 eo
124052

6 FIFTH REPORT OF SHELL FISH COMMISSIONERS

into the treasury. Many acres now lying uncultivated and bar-
ren would soon become productive and valuable, and yield an an-
nual tax to the State.

The Commissioners recommend that a law be passed repeal-
ing all restrictions of the character named ; and, further, that
designations and assignments heretofore made to non-residents
be ratified and confirmed.

TAXES.

The subject of taxes has received careful and anxious atten-
tion. Notwithstanding the petulant complaints made by a few
oyster cultivators against “‘ excessive taxation of oyster grounds,”
the Commissioners have seen no reason for changing their views
as expressed in former reports. The assessments of grounds
made by the Commissioners have been generally approved by
unprejudiced persons familiar with the subject, and the taxes laid
have been considered reasonable and just. The total amount of
tax laid the past year is $7,890.72, an increase over the previous
year of $1,443.65. This gainis attributable to a more correct
appreciation of the value of grounds; to an increase of area
subject to taxation ; and to discoveries, made by the Field En-
gineers, of concealed grounds designated previously to 1881.
Objections to the assessments this year have been far less nu-
merous and persistent than in former years, and bills have been
paid with commendable promptitude.

The first tax, 1883, amounted to = S = - $3,681.47
The second tax, 1884, amounted to - = = = 6,447.07
The third tax, 1885, amounted to - - = = 7,890.72
Of the first tax there remains unpaid - - - - 29.64
Of the second tax there remains unpaid —- - - 25.84

Of the third tax it is too early in the year to speak, but at this
early day (July 1), it is nearly all paid. Of the above small sums
of unpaid taxes $6.04 will be collected. ‘The remainder, $49.44,
is in small sums which are not legally collectable by reason of
various unavoidable errors attendant upon making new lists.

For the protection of the State in the future, a law is recom-
mended, authorizing the Commissioners at any time, after a tax
is laid upon any oyster grounds, to file a notice thereof in the
Town Clerk’s office of the town between whose meridian lines

OF THE STATE OF CONNECTICUT. 7

such oyster ground or any part thereof may be situated—such
notice to contain a description of said ground and the amount of
the tax laid thereon with the day and year when such tax was laid
—whereupon said tax shall operate as a judgment and shall be a
lien upon said grounds and all real estate of its owner or owners
until fully paid, and that an execution may be issued thereon as
in ordinary judgments.

DUMPING GROUNDS,

Upon consultation with Colonel Walter McFarland of the U.
S. Engineers, and with his approval, dumping grounds were es-
tablished off Milford, about two miles southeast from Stratford
Point Light. Recent experience makes it probable that these
grounds must be abandoned and others agreed upon, larger in
extent, further to the southeast, and with deeper water. The
subject is under consideration at this time.

Dumping of material in the Sound is now regulated by a
law passed in 1883. By this law every person about to remove
mud or other material from any of the harbors of the State where
there are oyster grounds, must notify the Commissioners when and
where such work isto be commenced, and the names of the boats
to be employed in the work ; whereupon it is the duty of the Com-
missioners to appoint a suitable person to accompany each boat
and to pay him two dollars and fifty cents per day, to see that the
material is properly dumped on the grounds designated for the
purpose and nowhere else. ‘This law was made especially for the
protection cf oyster grounds, and it has proved effective in such
protection.

There is a vast amount of material annually transported to
the waters of the Sound; and it is obviously desirable that it
should be carried in such way and deposited in such places as
will result in the least harm to the oyster grounds and to navi-
gation. The Commissioners appreciating the importance of. the
law were anxious to provide for its enforcement, and they made
an estimate of the probable expense of supplying inspectors for
the several boats. As the number of inspectors required from
day to day throughout the year could not be controlled by the
Commissioners, it was clear that the annual cost could not be easily
estimated. Judging, however, from the previous year’s expense

8 FIFTH REPORT OF SHELL FISH COMMISSIONERS

under the law, and the quantities of proposed excavations and
dumping the then coming year, the Commissioners made as low
an estimate as they thought safe, but it was cut down to the small
sum of three hundred dollars—a sum already nearly exhausted.
Thus embarrassed by a law that requires them to pay without ad-
equate means, rather than have the inspection omitted, they have
induced the inspectors to continue the service, in the confident
expectation that the Legislature will appreciate the justness of
their claim for compensation and will provide means for its pay-
ment.

MAPPING.

The most important and difficult task imposed on the Commis-
sioners by the State is that of surveying and mapping the grounds
within their jurisdiction, which had been designated in previous
years by Town Committees. In addition to this general map for
the State they are also required to “ provide sectional maps com-
prising all grounds located within the meridian boundary lines
of the several towns on the shores of the State, which maps
shall be lodged in the Town Clerk’s office of the said respective
towns.” ‘This work has occupied a large share of the time and
attention of the Commissioners from the beginning. The num-
ber of lots they are required to map is seven hundred and seventy-
two. It was obvious that every lot must be given its exact posi-
tion, shape and area on the required map, or the mapping would
be of no value. To do this effectually considerable preliminary
work was necessary, and it was begun without delay. The whole
shore of the State was triangulated and the geodetic position of
every prominent object thereon which could be used for refer-
ence, was carefully determined and then mapped. Where no such
object existed, signal structures were erected and their geodetic
position was ascertained and mapped. ‘Twenty-seven large per-
manent structures were thus built, and several small ones of less
importance. ‘The Commissioners’ line was then run from head-
land to headland along the shore, from Byram Point to the Paw-
catuck River, whereby the grounds given by the State for town
management were separated from the grounds put under the con-
trol of the Commissioners. ‘This line was determined with great
care, after consultation with the authorities of each town. It
has been accurately mapped and carefully connected by observa-

OF THE STATE OF CONNECTICUT. 9

tions and calculations with the triangulations previously made.
Meridian lines were then run and mapped from points where town
division lines touched high water mark, to the division line be-
tween New York and Connecticut. Thus the whole field, subject
to the Commissioners’ care, was clearly defined and mapped.
The next step was to explore, survey and map the natural beds
within the field which were reserved by law for public use, and
were perpetually exempt from designation. The details of most
of this work will be found in previous reports of the Commis-
sioners and especially of Engineer Bogart. Allthe work of the
Commissioners that required confirmation has been approved
and confirmed from time to time by the Legislature.

Thus an area was presented of three hundred and thirty-
five thousand acres of water extending from east to west about
ninety-six miles, and from the Commissioners’ line on the north
to the New York boundary line on the south, in width varying
from three to ten miles. Hidden under this water were the lots
to be mapped, a great multitude of them, held or claimed by as
great a multitude of owners, who in many instances, were quite
as hard to find asthe lots themselves. Some of the grounds were
marked by buoys and some found only by reference to objects on
the shore, wholly unlike land lots with their metes and bounds,
fences and walls. There was but little visible to the eye which
enabled one to discover a lot or determine its outline or extent.

Searches were made for designations in the records of the sev-
eral towns, but it was found that these in many cases had not been
recorded, and of those recorded the descriptions were often incon-
sistent and obscure. Copies, however, were taken of the written
designations as made by the several Town Committees, and they
are on file in the Commissioners’ office. Without the aid of own-
ers these records afforded but little help in making correct maps.
But some kind of a map was necessary at once, for a law had
been passed providing for a tax upon oyster grounds and it was
imperative that it should be promptly enforced. ‘The only prac-
ticable course open to the Commissioners seemed to be that
which they have pursued. By diligent inquiry in each town and
with the aid of the town maps and designations, a list of owners
and of their clams was made out ; and each owner of grounds
was called upon to accompany the Commissioners’ Engineers and
aid them in finding and surveying the grounds asclaimed by him.
In the progress of this work other owners were discovered and

ie) FIFTH REPORT OF SHELL FISH COMMISSIONERS

their claims noted. In time a list and a map approximately cor-
rect were made up asa basis of taxation in 1882. These have
been materially increased and improved each year since. The
surveying of claims is now nearly completed, and will be entirely
so the present year. They will show every lot of which owner-
ship is asserted. They are known as “ Occupation Maps.’’ They
are experimental and preliminary to the final mapping. This
final mapping was begun a year or more ago, but has been at
times interrupted by conflicting claims. It will be prosecuted as
rapidly as possible. ‘The work consists of testing and correcting
claims or occupations by the legal title ; a work which is found to
require unwearied patience and care. Many claims fail to be
supported by their designations; the shape of the lot, its area,
or its location is not justified by the written description.
Frequently the occupation interferes with neighboring lots and
some cases have arisen where there were two or more claimants
for the same grounds. Whenever any question arises touching a
claimant’s rights he is cited in and given an opportunity to be
heard to the fullest extent. If he fails to satisfy the Commis-
sioners, his areas are restricted to their proper limits, his position
is changed when necessary, and his lot is finally mapped in such
size, Shape or position as is justified by the evidence.

When a contest arises between two or more adjacent owners,
they are also notified, and a day is given them to be heard in per-
son or by counsel ; the decision of the Commissioners is then made
and the lines of division are mapped as determined by them.
Generally these hearings are informal; but sometimes petitions
and answers in writing are filed under the law passed for the
purpose in 1882. From the decisions thus made by the Commis-
sioners an appeal is allowed to the Superior Court ; but thus far
only one appeal has been taken. From the nature of this work
of mapping, it is obvious that it has been, and must be, neces-
sarily very slow ; but it has been thorough, and it is believed that
it will prove satisfactory to the most critical. One thing is cer-
tain, that in place of the vagueness and doubt that so long
weighed upon the titles of oyster grounds there will henceforth
be system, order and certainty.

The final map of New Haven will soon be completed. It is
the largest map of all, and probably involves proportionately the
greatest number of disputes and difficulties. The maps of the

OF THE STATE OF CONNECTICUT. 10

other towns will be taken up in their order and no pains will be
spared to complete them as soon as possible.

STAR-FISH.

The experience of the principal oyster cultivators with star-fish
proves beyond question that with reasonable care and labor they
may be so reduced in number that any injury they might do to
the oyster beds would be of little consequence. If the star-fish
could be dredged from the natural beds and from uncultivated
grounds the work of protecting cultivated beds would be com-
paratively easy. The greater the area of grounds thoroughly
cultivated the less will the stars abound. ‘They seem to move in
colonies or groups, and they appear suddenly and in large num-
bers in different places at once. The beds in the western waters
of the State suffered but little from their attacks last year, but
this season they have proved very destructive. Neglected beds
suffer the most, and it cannot be repeated too often, that the
attacks of these pests can only be repelled by unceasing vigilance
and industry. No work on an oyster bed pays better than
dredging for star-fish. When proprietors realize this fact, and
the State does what it ought to keep them from breeding on the
natural beds, it is believed the losses will become insignificant
throughout the State.

What efficient dredging will do is shown by the following let-
ter from a firm of the most intelligent and observing cultivators
in the State :

Captain Thomas A. Scott, the well-known submarine diver and wrecker,
examined our oyster beds to-day to find star-fish. He walked over about one
hundred acres where we have caught hundreds of bushels of the pests in the past
three months, and could only find here and there one scattered over the oysters.
We have not been able for the past week to find many with our dredges, and
hope we have secured the bulk of the crop. Captain Scott will give another

trial soon, then we will give you a full report of the knowledge we have gained
of the habits of the star-fish and means of catching them.

WILLIAM M. MERWIN & SONS.

SPAWNING.

At the time of writing this report spawning has not commenced.
A large area of new ground has been spread over with shells,
at different places along the shore, and a good set is looked for.
The immense quantities of stock growing on cultivated beds

12 FIFTH REPORT OF SHELL FISH COMMISSIONERS

scattered through the Sound warrants the belief that, if the
weather proves favorable, there will be an abundant supply of
spawn. ‘The spawning period begins in July and ends in Sep-
tember. It is earliest in shallow waters and latest in the deep
waters, the time varying according to the temperature of the
water and the condition of the atmosphere. Storms and cold
weather retard the operation, while warm, quiet weather expedites
it. Where they are so many and extensive beds widely scattered
in different depths of water there must be spawn emitted from
time to time throughout the whole period of spawning. If the
spat of one week is destroyed by unfavorable conditions of the
weather, then the spat of some subsequent week may find all the
conditions favorable for drifting, growing, and setting, and thus
the crop will be secured. It is fair to presume that the great
and increasing abundance and variety of beds will henceforth
afford all the spat that will be required.

GENERAL REMARKS.

The rapid development of the oyster industry is evidenced by
the increase in the number of those engaged in the business
during the past seven months—an increase of ten per cent. It
is also shown in the continual extension of area of grounds de-
voted to cultivation. This prosperity is also strikingly manifested
in the number of oyster steamers recently built.

Last year there were forty steamers in the oyster fleet. This
year there were forty-nine as appears from the following table:

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FIFTH REPORT OF SHELL FISH COMMISSIONERS 15

These steamers find continual employment keeping the buoys
in place on the oyster grounds, clearing up new grounds, trans-.
porting and laying down shells and other culch for catching a set
—dredging the beds for star-fish—collecting oysters for transport-
ing them to beds more favorable for their growth—and finally
dredging them up and carrying them to market. Many seed
oysters are now sold to cultivators in neighboring States—Rhode
Island, Massachusetts, New York and New Jersey. The demand
for native seed oysters from Connecticut waters is increasing every
year. This is unquestionably due to their superior excellence.

This growing trade with neighboring States ; the constantly ex-
panding demand from the most distant parts of the country for
shell, canned and pickled oysters ; and the rapid increase of for-
eign exportation, make it probable that whatever may be the area
of grounds planted in the waters of the State, the demand will
keep pace withthe supply.

Every year affords new evidence that the methods adopted by
Connecticut for developing and promoting its oyster industries
were timely and wise. The laws granting a perpetual license of
the grounds at trifling cost—the clearing up of titles—the adjust-
ment of boundaries and the protection of growing crops, these
have placed the business of cultivating upon a basis that inspires
confidence and encourages effort.

It is gratifying to know that this system meets the unqualified
approval of experts like Lieut. Winslow and Prof. Goode of
Washington. The former, whose superior knowledge of the
oyster in all its relations, acquired through many years of study
and observation of natural beds and cultivated grounds, in all

parts of the United States and in Europe, says :

“*T do not know of any State that has made so great an advance in this matter
as Connecticut. By examining the legislation on the subject for the last four
or five years, it may easily be seen that it is of the most practical nature, and it
is based on sound business principles. The people of Connecticut, proverbially
shrewd, have certainly managed to get all the milk out of this particular co-
coanut.”

Prof. Goode, another expert of the highest authority upon the

subject, says :
‘‘T have been looking into the history of the oyster industry of Europe lately
and am convinced that Connecticut is putting into practice the best system of

oyster culture in the world. The manner in which that State is dealing with
the questions of fishery legislation is certainly extremely interesting and worthy

16 FIFTH REPORT OF SHELL FISH COMMISSIONERS

of commendation. The eyes of the world are upon Connecticut at the present
time. I can appreciate this fact better than most people, having heard the
eager questions and seen the intense interest of fish culturists and oyster raisers
of Europe last summer in London, and having heard what was said concerning
the action of Connecticut. Every country which has any oyster fishery is trying
to solve the same problem, viz: ‘ How to protect the beds and give oyster cul-
turists right of property in the fruit of their labors.’ It really appears tome that
this subject, the progress of the work in Connecticut, is one of the most inter-

esting that could be brought up. ”

MUDDY GROUNDS.

During the past year efforts have been made by oyster cul-
tivators to redeem muddy grounds, heretofore considered useless
for oyster growing and they have been eminently successful.
Large areas, off Milford, have been covered with shells and
pebbles brought from the Housatonic River, upon which a good
set is looked for. The gentlemen to whom the credit of this ex-
periment is due are H. J Lewis, William M. Merwin, Isaac E.
Brown and members of the Stratford Oyster Company. This
work has drawn attention to other muddy grounds, and similar
experiments will be made by others. It is probable that a con-
siderable portion of the large area of muddy bottom, hitherto
considered worthless, will in time be sought after by cultivators
and be made valuable grounds.

SABELLARIA VULGARIS.

Quite a panic was caused among the oyster growers in the
early Spring by a report that immense numbers of oysters were
being destroyed by masses of hard, sandy mud deposited upon
them by myriads of small flesh-colored worms. Mr. Henry C.
Rowe was the first to call attention to the subject. Onexamining
his beds off Stratford and Bridgeport, he found one bed contain-
ing about seventy-eight thousand bushels nearly destroyed by
suffocation caused by these deposits. There was considerable
discussion as to the novelty and danger of this new foe of the
oyster ; several oystermen of experience asserting that it was an
old acquaintance, that it had always been known in the Sound
and elsewhere and it was not injurious to the oysters, but on the
contrary oysters thus visited were always healthy, vigorous, fat
and good flavored.

OF THE STATE OF CONNECTICUT. 17

The specimens submitted to the Commissioners showed be-
yond doubt that many of the oysters had been smothered by the
deposit, and they were very offensive. The same specimens were
examined by Prof. Verrill of Yale College, the highest authority
upon the subject, and he describes the worms and their work in
the following letter :

NEW HAVEN, June 16, 1885.
Mr. H.C. Rowe.

Dear Sir—I have examined the samples of seed oysters submitted by you.
The large masses of sandy tubes which cover the shells of the oysters, both
living and dead, are made by a small worm, about an inch long, which was first
described and figured by myself in 1872, in the first volume of the Reports of
the United States Fish Commission. It is there named sadellaria vulgaris, the
first part of the name. referring to its using sand for its tube, while the latter
part was given to it because of its common occurrence. This Latin or scientific
name might be translated as the ‘‘common sand-tube builder.” It is very com-
mon from Cape Cod to Cape Hatteras, building its tubes on stones and all sorts
of shells as well as on oysters. It grows very rapidly, like other marine worms,
and when abundant its tubes interlock and form rough crusts, often an inch or
more in thickness. Such rough and porous crusts serve to catch the floating
particles of mud and organic debris, which will subsequently putrify and turn
black in the interior part of the crusts, evolving sulphuretted hydrogen and
other poisonous and offensive substances. As these worms grow much faster
than the seed oysters, they can easily bury them so deeply under the crust of
tubes that the oysters will die, either for lack of a supply of pure water and
food, or in consequence of the directly poisonous gases produced by the putrid
substances in the crust. In other words the worms, by their rapid growth and
the closeness of their crusts, may be said to ‘‘smother” the seed oysters. The
large oysters seem to be capable of resisting their effects in most cases., Other
creatures, with similar habits, have been known to produce the same effect on
oyster beds, but this is the first time that this particular kind of worm has been
shown to be destructive to oyster beds. I think, therefore, that you are deserv-
ing of a great deal of credit in calling attention to this new kind of pest.

Very respectfully yours,
A. E. VERRILL.

Whether further examinations verified Mr. Rowe’s first con-
clusion as to the extent of his losses is not known. Since Prof.
Verrill’s letter but little has been heard upon the subject by the
Commissioners. Hence it is hoped that the damage was not so

18 FIFTH REPORT OF SHELL FISH COMMISSIONERS

serious as Mr. Rowe supposed. At all events no report has
reached the Commissioners of the appearance of these worms in
any damaging quantities on any other grounds.

The financial statement covering the period of seven months
ending with June 30, 1885, is hereto appended. All the laws re-
lating to shell fisheries passed at the last session of the Legislature
will be found in the appendix, except the law ratifying and con-
firming the locations and descriptions of the natural beds in the
State, such locations and descriptions having been published in
full in last year’s report.

All of which is respectfully submitted, this first day of July,
AG ADE Koos:

ROBERT G., PIKE, Commuisstoners of
WILLIAM M. HUDSON,

JAMES A. BILL Shell Fishertes,

OF THE STATE OF CONNECTICUT. 19

Swi IN-T:

OF THE FINANCIAL TRANSACTIONS OF THE COMMISSIONERS OF
SHELL FISHERIES FROM DECEMBER IST, 1884, TO JUNE 30TH,
1885, INCLUSIVE.

RECEIPTS.

Total amount received during the new fiscal year ending June 30,

1885, - ee a - - - mia Maeve) alas - $6,568.72
From the following sources, viz.:
For deposit fee on applications, = - - - - - $110.01
For deeds delivered, - = = - = = = 613.22
For drawing and recording deeds, - - - - = 50.65
For private surveys by engineering department, - - 195.73
For taxes on lists of 1883 and 1884, = co = - 5,599.11
———— $6,568.72
DISBURSEMENTS.
Total disbursements for fiscal year, - = - = - - $5,930.68
As follows, viz.: rs
For salary of clerk 8 months, $933.36; postage and sta-
tionery, $208.85; janitor, $24,00, (office expenses,) $1,166,21
For salaries and incidental expenses engineering depart-
ment - - - - - - - = 4,035.89
For rent of office, - = - = 7 Bree 216.64
For cash paid inspectors of mud dumping, - - - 75.00
For net expenses of Commission, - - - - - $5;493.74
For deposit fee on applications rejected, - - - - 31.82
For fee returned on disputed boundaries, - - ie 10.00
For cash returned to Belden and Lewis to correct error
in area of ground deeded, - - - - - 395.12
=a $5,930.68
SUMMARY.
Total receipts, - - - - - - - - = $6,568.72
Total disbursements, - - - - - - - - 5,930.68
Excess of receipts over disbursements, - - - - = $638.04
Balance in bank Dec. 1, 1884, - - - = - - $283.31
Drawn from treasurer, - - - - - - - - 5,647.37
$5,930.68
Vouchers returned to comptroller and approved, - - - 5,930.68

Pay and expenses of the Commissioners, - - - = $3,377.16

20 FIFTH REPORT OF SHELL FISH COMMISSIONERS

EnPiieersavep On:

To the Commissioners of Shell Fisheries of the State of Con-
necticut :

GENTLEMEN :—During the past seven months the demands
for work which have been made on your Engineer and his two
assistants have been such as to prevent an elaborate report of the
details of the work accomplished. His controlling idea in con-
ducting the work has been to make it accurate and complete.

A large amount of work has been under consideration which
could not by any possibility be forced to immediate completion;
for much precise data pertinent to the work had to be prepared
in advance, to be ready for immediate use, and this required
many tedious mathematical computations.

TRIANGULATION WORK.

I have sought to eliminate from the surveys, as fast as oppor-
tunity offered, all those weaker elements which were unavoidable
in the beginning. With this end in view, seven signals, which
were located by hydrographic methods, were last spring observed
on with reference to conversion into triangulation stations.
Thus were secured data for their exact geodetic determination,
and other advantages incidental to triangulation methods. In
addition to the above, six new positions were triangulated, three
of which are near New Haven and three near Greenwich.
Establishment of jurisdiction lines and developments incident to
examination of lot records made these six stations essential.

Twelve stations were occupied. Seven were determined by
cuts. The observations occupied thirteen days in April and
May. I made 849 pointings with the eight-inch theodets. Mr.
R. G. Pike, Jr., was the recorder.

OF THE STATE OF CONNECTICUT. Pad

TESTING SURVEYS.

Attention having been called to certain disputes as to boun-
daries by the parties interested, I was directed to ascertain, with
all possible exactness, the location of such boundary lines. I
devoted twenty-six and one-half days to this study, and presented
the results to you, on April 4th, in a written report with dia-
grams. ‘These results are of much value, as they givea reliable
basis on which to estimate the value of different systems of locat-
ing buoys. The parties in interest have accepted the locations
as given by you. One of these disputes was about a strip of
oysters ninety feet in width and three thousand feet in length,
and valued at ten thousand dollars. The location was over
three miles from the nearest shore. The records were explicit,
and the problem was to guarantee an exact location on the water
according to the record.

RECORD MAPS.

The work of ascertaining the outlines of the lots by record
has been mainly for the towns of East Haven, New Haven,
Orange and Milford. Considerable progress has been made on
these maps.

A chronological index of the lots off these towns was prepared
by Judge Pike; a work of no little difficulty, as there were many
deficiencies and informalities in the papers indexed.

Each lot, on the maps, off these towns has had placed on it
its number in order of time of designation. ‘Thus it may be
seen ata glance what rights must first be met.

It should be stated that at the beginning of our work all
records capable of exact location were mapped at once on our
maps. ‘Thus far the necessary adjustments to make the occupa-
tions conform with records have been made without serious ill-
feeling. ‘The map now in process of construction by you will
assist in solving much of the trouble which may arise in the
future.

SIGNALS.

The signals east of New Haven were inspected and repaired
early in the spring. Those west of New Haven have received
all needed attention, at odd times, by the field party. At the
station known as “ Highlands” a very large spar was erected,

22 FIFTH REPORT OF SHELL FISH COMMISSIONERS

at a contract cost of fifty dollars. Four granite posts, whose
tops project a few inches above the ground, were set about the
spar, at the four points of the compass. Notices printed on cloth
have been tacked to all the signals, warning the public that the
structures on which they are placed are State Oyster Survey Sig-
nals, and any interference therewith will be punished according
to Section 2, Chap. LII. of the Laws of 1883.

BUOY WORK.

June 16th Messrs. Sanford and Pike, Jr., moved to South Nor-
walk. The buoy work has been prosecuted to the present time
by them from that place. Before moving to South Norwalk, the
work of buoy setting, incident to sales of ground and shelling as
far to the west as Bridgeport, was fully attended to.

The number of buoys set during the seven months is 192.
Buoys surveyed, 22. Total positions determined, 214. The regu-
lar field operations did not begin till May 26th.

SEXTANT PROTRACTOR.

A new sextant protractor having a ten inch circle divided on
silver to half minutes, was received on March 30th. It was made
by Fauth & Co., of Washington, D. C., in accordance with plans
and specifications which were carefully considered and resultant
from experience. The arms may be securely clamped to the
circle, and the extension arms are secured in a manner to give
rigidity and also extensions in straight lines. ‘The spread of the
arms is seven feet. The cost of this instrument was $206.50.
A saving of $30 was effected through Mr. H. J. Lewis contract-
ing for a like instrument at the same time.

APPLICATIONS.

During the year I have drawn descriptions for the deeds of 29
applications. ‘The area deeded and paid for under the same is
613.22 acres. This makes a total area of 45,667.8 acres deeded
since June 1st, 1881. The applications now pending for which
deeds have not been tendered, are 63 in number, and aggregate
4,812.4 acres. Four deeds having an aggregate area of 2,148.1
acres, are pending. ‘Twenty-seven applications, having an ag-
gregate areaof 1,100.1 acres have been received during the seven

OF THE STATE OF CONNECTICUT. 23

months of time covered by this report. Total number of ap-
plications received is 603. ‘Total area of the same, 90,064.25
acres. Of this area the sale of 37,435.95 acres has not been ef-
fected ; the principal causes being rejection of applications and
cancellation of deeds for non-payment.

DAILY OCCUPATION.

I present herewith abstracts accounting for the daily occupation
of myself and of Messrs. Sanford and Pike, Jr. These are pre-
pared from my journal and the reports returned to you from the
field by Mr. D. C. Sanford.

To summarize: The abstract of my own daily occupation shows
how varied and constant my labor has been. I have worked on
nearly all of the general details of the work, and also on many
special matters which properly demanded attention.

Mr. D. C. Sanford has spent about two-thirds of his time in
the plotting of surveys, preparations for setting buoys, and field
operations relating to buoy work. Work relative to taxes, private
work for which charge was made, comparing records, and general
incidental work, has also been executed by him.

Mr. R. G. Pike, Jr., has been occupied in assisting Mr. Sanford
in the field, also in making reductions of soundings to the plane
of mean low water, in buoy work, in assisting in the preparation
of the tax list, in making a full copy, in ink, of the buoy books
and indexing the same, in recording onthe triangulation work, in
signal work, and in a variety of general detail work.

The work performed by him in the tax department includes
the placing, on a series of tracings, at each lot corner, the depth
of water at mean low water and also the bottom characteristics.
The signal work embraces the inspection and repairing of the
signals east of New Haven. Also the superintending of the
placing of the large spar at the Highlands, and some work on
signals west of New Haven.

EXPENSES ENGINEER DEPARTMENT.

Salaries, - - - - - - = - = $2,973.52
Pay of men not under salary, = = - = = 109.65
Traveling expenses party in field, - - - - 221.00
Signals, general repairs and inspection, - - - - 110.04
Signals, at Highlands and Colyers’ Point, —- - - 66.03

Lumber, - - - - - - 2 - = 43.79

24 FIFTH REPORT OF SHELL FISH COMMISSIONERS

Repairs on commission boat, = = = = = $18.41
Tools and field supplies, - - - - - - 57.89
Office supplies, —- - - - - : - - 139.83
Sextant protractor, ten inch circle, - - - - 206.50
Ground rent for signals, - - - - - - 16.50
Traveling expenses of Engineer, - - - - - 59.01
Postage, = - = = = = = = - 7.15
Express charges, - - - - - - - - 4.20
Telegrams, - : : = : = : 2 a 2.37
$4,035.89
RECEIPTS ENGINEER DEPARTMENT.
For buoy setting and office work, - - $195.73.

The cash value of property on hand belonging to the Engineer
Department, shown by inventory presented herewith, is $1,693.61.

Property worn out and otherwise not accounted for, cash
value, $8.45.

It should be remembered that the greater part of the material
which comes under the item of office supplies is consumed in the
prosecution of the work. The same is true to a less extent,
however, of the field supplies.

Respectfully submitted,
JAMES P. BOGART,

Lngineer for Commisstoners of Shell Fisheries.

OF THE STATE OF CONNECTICUT. 25

Laws Relating to Shell Fisheries.

PASSED AT JANUARY SESSION, 1885.

CEA IEE REV:
AN ACT FOR THE ENCOURAGEMENT OF OYSTER FARMING.

Be it enacted by the Senate and House of Representatives in General Assembly

convened :

SECTION I. Any person who shall wilfully deposit or assist in depositing any
star-fish or periwinkle in any of the navigable waters of this State shall forfeit
one hundred dollars, one-half to him who shall sue therefor and the other half
to the State.

Sec. 2. Chapter forty-three of the public acts of 1883 (page 250) and chap-
ter one hundred and seven of the public acts of 1884 (page 386) are hereby re-
pealed.

Approved, March 31, 1885.

CHAPTER. EX.
AN ACT CONCERNING OYSTER FISHING IN THAMES RIVER.

Be tt enacted by the Senate and House of Representatives in General Assembly

convened ;

SECTION I. No person shall take or carry away from the Thames river any
oyster shells or seed oysters for the purpose of planting the same upon any
private oyster bed, nor shall any one take or carry away from said river, except
from his own private bed or beds, more than ten bushels of oysters in any one
day.

Sec. 2. Any person who shall violate any of the provisions of this act shall
be fined not more than seven dollars, or imprisoned not more than thirty days
or both.

Approved March 31, 1885.

26 FIFTH REPORT OF SHELL FISH COMMISSIONERS.

CHAPTER LXXXIII.
AN ACT FOR THE PROTECTION OF SHELL FISHERIES IN MILL RIVER.

Beit enacted by the Senate and House of Representatives in General Assembly
convened ::

Any person who shall take more than one bushel of clams from Mill river, in
the town of Fairfield, between Jeliff's dam, so called, and the southwestern ex-
tremity of the breakwater, at one tide, shall be fined not more than seven dollars.

Approved, April 15, 1885.

CHAPTER VEXOOX:
AN ACT CONCERNING THE DUMPING OF REFUSE ON OYSTER GROUNDS.

Be tt enacted by the Senate and House of Representatives in General Assembly

convened

Every person who shall dump mud or other material, except that used in
making oyster beds, on any of the grounds of this State located and designated
as oyster grounds, shall be punished by a fine not exceeding fifty dollars or by
imprisonment in a common jail not exceeding six months.

Approved, April 16, 1885.

CEERI RA Xe
AN ACT REVISING AND COMPILING THE PROBATE LAWS.

Be tt enacted by the Senate and House of Representatives in General Assembly
convened
Sec. 167. In the settlement of the estates of deceased persons and insolvent
debtors before any court in this State, the interest of any such estate in or to
any oyster grounds, or oysters planted and growing thereon, shall be treated as
personal estate.
Approved, April 22, 1885.

CHAPTER TO XY.

AN ACT RELATING TO PRINTING THE ANNUAL REPORTS.

Be it enacted by the Senate and House of Representatives in General Assembly
convened

SECTION I. The comptroller shall annually cause to be printed, at the ex-
pense of the State, such number of copies of each of the following annual re-
ports as is hereinafter stated: * * * Of the fish commissioners, one thou-
sand; * * *‘of the shell fish commissioners, two thousand; * * *
and no more than said numbers of such reports shall be printed at the expense
of the State.

Sec. 2. No person other than the comptroller shall authorize or contract for
the printing of any reports made to the Governor or General Assembly.

Approved, April 23, 1885.

3xState of Gonnecticut.ice

se] B BZ»

Sle Je eh sede e@ieos

——OF THE—

SHELL LISH COMMISSIONERS

Ente OF CONNECHCUT,

General Assembly, January Session, 1087,

. MIDDLETOWN, CONN.:
PELTON & KING, PRINTERS AND BOOKBINDERS.
1886.

Gomimissioners of Shell Fisheries,

e+e
Rospert G. PIKE, = = - - - = - - MIDDLETOWN.
WILLIAM M. Hupson, - = = - = - - HARTFORD.
JAmeEs A. BILL, - - - - - - - - LyYME.
CLERK, ,
FREDERICK BOTSFORD, = = = = - - = NEw HAVEN.
ENGINEER.
James P. BoGart, - - - = . - - - NEw HAVEN.

FIELD ENGINEER,

DAVID C. SANFORD, - = = = = = = - New HAVEN.

ASSISTANT ENGINEER,

RosBeErT G. PIKE, JR., - - - - - - - MIDDLETOWN.

SE Or CONNEC Pie bile

REPORT.

To his Excellency the Governor and the General Assembly of the
State of Connecticut :

The Commissioners of Shell Fisheries respectfully submit the
following report of their official acts for the period beginning
with July 1, 1885, and ending with October 30, 1886.

The work of the Commissioners has been prosecuted on the
water and in the office with such expedition as was consistent
with its required accuracy and completeness. Full details of the
several divisions of the work accomplished are set forth under
their respective heads.

ENGINEERING.

The engineering department was continued under the capable
supervision of Mr. James P. Bogart, assisted by Mr. D.C. Sanford,
until August 31, 1886; and by Mr. R. G. Pike, Jr., until November
1, 1885. During the warm months of 1885 Messrs. Sanford and
Pike were engaged in completing the surveys of lots as claimed and
occupied,—in buoying and mapping the occupations—in survey-
ing and buoying new applications and designations—and in
making surveys necessary to the settlement of disputed boundary
lines. They also collected much valuable information about the
condition, character, and value of oyster grounds with reference
to their assessment for taxes.

During the Spring of 1886 Engineer Sanford inspected and
repaired all the signal stations along the shore of the State. It is
worthy of note that these structures, most of them remote from
dwellings, but conspicuous on the shore, have escaped mutilation
and depredation since the law for their especial protection was
enacted.

6 SIXTH REPORT OF THE SHELL FISH COMMISSIONERS

MAPPING.

The work of surveying, mapping and buoying grounds accord-
ing to their occupation was completed during the summer, and
as there was no more work for the field party, the connection of
Messrs. Sanford and Pike, Jr., with the Commissioners ceased
as above stated. During the year, 351 buoys have been set and
110 buoys surveyed. The geodetic position of every oyster lot
in the waters under Commissioners’ jurisdiction has been deter-
mined with scientific accuracy and recorded, showing every detail
necessary to enable any one familiar with sextant work to find
and buoy it.

The lots of each town, west of New Haven, have been mapped
in accordance with these surveys, and each town has been sup-
plied with a complete copy thereof, filed in the office of its town
clerk. On each map was conspicuously placed the following
notice:

OCCUPATION TRACINGS

Prepared by the Commissioners of Shell Fisheries of the State of Connecticut,
showing the outline and location of each lot of oyster ground as now claimed,
buoyed and occupied, under the waters of Long Island Sound, within the bound-
ary lines of the Town of t—— under State management, subject to re-
vision and correction wherever any claim or occupation may be found incon-
sistent with any legal title, or otherwise, as may be found necessary.

N. B.—As it is desirable to complete as soon as possible the final mapping
of these grounds—upon which duty the Commissioners are now engaged—all

persons interested are urgently requested to examine this map and promptly
notify the Commissioners of any error which may be found.

R. (G. Pixs;

Wn. M. Hupson, Commrs. of
James A. BIx1, Shell Fisheries.

New Haven, CONN., JUNE 26, 1886.

As about five months have passed since the filing of these maps
and no error has yet been reported to the Commissioners, it is
anticipated that the work of revising these maps in con-
nection with the legal titles will be completed rapidly and without
further interruption,

The maps of the Towns of New Haven and Orange were not
filed, as the work of testing occupation claims by legal title, was
nearly finished for these towns. Many disputes touching the out-
lines and areas of lots designated by town committees have been
settled by the Commissioners, and the New Haven map would have
been done some time ago, but for the fact that the Commissioners’

OF THE STATE OF CONNECTICUT. if

work thereon has been interrupted by engineering and other duties
pertaining to the Rhode Island boundary. It is now probable
that in the course of the next year, as all the materials for the
work are collected, all the maps will be completed and filed in the
several towns as required by statute. The value of these maps
to the owners of oyster grounds will be incalculable, as they are
made under the authority and supervision of the State, and are
in accordance with the record title of every lot. Each map will
serve through all future time as a starting point for the examina-
tion of the title to any lot. More than this, the exact geodetic
position of any lot can always be ascertained by reference to the
records which are carefully arranged and indexed in the Com-
missioners’ office.
DUMPING GROUND.

A new dumping ground has been established and buoyed out
by the Commissioners the past year. It is about three anda
half miles southeast of Stratford Point Lighthouse, and is par-
ticularly described as follows, viz.: Its northwest corner is dis-
tant 16,733 feet east of a point which is 6,175 feet due south of
the center of said lighthouse tower; from this corner the north
side runs due east 4,700 feet, and the west side runs 4,500 feet due
south: the south side is parallel with the north side and the east
side is parallel with the west side, and the contained area is 485
acres. The water is very deep in this reserve, and dumping may
be continued there without limit for many years. The reserve
was selected after consultation with the U. S. Army Engineer
Corps in charge of the improvements in the Housatonic River
and adjacent waters, and it was approved by them.

There has been a great quantity of material carried by scows
from New Haven harbor during the past year; and from the
report of the Inspector employed by the commissioners to super-
vise such work, it is gratifying to say that with one exception
the laws have been strictly observed, and no damage has resulted
to the oyster beds over which the barges are compelled to pass
to and from the dumping ground,

TAXES.

The taxes have been paid promptly the past year, and but few
complaints have been made about the valuation of grounds.
The Commissioners have omitted no effort to acquire all the infor-
mation within their power that would enable them to make proper

8 SIX'’TH REPORT OF THE SHELL FISH COMMISSIONERS

assessments. ‘The difficulties involved in the work have been fully
presented in their previous reports, and need not be repeated
here. While there may be a few cases of over-valuation of
grounds, they are convinced that under estimates are far more
frequent. Wherever an error has been made in the assessment
the Commissioners have always been ready to correct it if their
attention is called to it in time.

The tax list the past year (1885-6) amounts to $9,407.77,
showing an increase over the previous year’s list of $1,517.05.
This gain is not due to any increased estimate of old grounds,
but to the increased area of new grounds:

The first tax, 1882-3, amounted to. - = = = - $3,681.47
The second tax, 1883-4, amounted to = = = - 6,447.07
The third tax, 1884-5, amounted to = = - - 7,890.72
The fourth tax, 1855-6, amounted to = - - = 0,407-77

On all these taxes there remains unpaid about $750, most of
which is on the last year, 1885-6, and will probably he paid in
the course of the present year.

SPAWNING.

From trustworthy reports it seems certain that, while the con-
dition of the oysters has been excellent the past season, the
spawning has been far less abundantly and uniformly distributed
than it was the previous year. The usual preparations were
made by the oyster growers to catch a set; but many were dis-
appointed. A few had a good set, but the greater number either
had a light set or none at all.

Various reasons are assigned for this. The chief reason
probably is that the oysters during the winter were poor, and
they entered the spawning season in a feeble condition, not at all
favorable for breeding. Hence the spawn were sparse and de-
bilitated. Another cause assigned is the unfavorable state of the
weather during the spawning season. A cold rain fell, and this
was fatal to the floating spat. The rivers, too, were low, and
there was not the usual supply of fresh water.

But whatever may have been the causes of failure, they were
doubtless transitory and exceptional. All industries which are
largely dependent upon favorable meteorological conditions for
success are subject to more or less uncertainty. The farmer has
his good and bad years for crops; the fisherman has his seasons
of abundance alternating with seasons of scarcity; and the oys-
terman, in availing himself of nature’s helps, must expect a like

OF THE STATE OF CONNECTICUT: 9

varied experience. Last year and the year before he rejoiced
over an unusually good set; but this year, on many acres,
there is little or no set at all.

On the 13th of September, 1885, a heavy storm from the south-
east passed over the Sound, whereby many oysters on the shallow
water beds were swept away and destroyed, and portions of the
natural beds were for a time buried in sand. Natural beds are
subject to such sand irruptions, but do not seem to be per-
manently injured by them.

DESIGNATIONS.

Since the last report, which was made up to July 1, 188s,
sixty applications have been made, covering in the aggregate
4,882,1, acres of oyster grounds. Upon these applications and
others previously made there have been designated 2,381.6
acres; 47 deeds have been delivered and paid for, bringing into
the treasury the sum of $2,619.76. 14 applications are now
pending. ‘These will be heard in due course of business.

The whole number of acres heretofore designated and now
under Commissioners’ jurisdiction is as follows:

Grounds granted before the Commissioners’ time, - 33,987.9 acres.

Grounds granted by the Com’rs at date of last report, 45,667.85 ‘'

Grounds granted by the Com’rs since last report, = 4, S82.t0
Total area designated, = - = = - §4,537.8 acres.

Of these grounds 20,714.2 acres are cultivated, and the rest,
63,823.60 acres are uncultivated.

The total number of proprietors is 434, of which 96 own ten
acres and under ; 40 own over ten acres and under twenty-six ;
148 own over 25 and under ror acres; and 150 Own over 100
acres.

The number of acres cultivated in 1885 was 16,201.7; the
number cultivated now is 20,714.02, showing an increase of
Acre. 22 ACTS,

This increase in the area of cultivated ground, although many
acres have failed to produce crops in the past two years, is
indicative of the continued growth of the oyster industry of the
State. But the best index of this growth is in the steady enlarge-
ment of the steam fleet engaged in the business. In 1884 there
were forty steamers on the list; in 1885 there were forty-nine ;
this year, 1886, there are sixty, of which the following is a com-
plete description :

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12 SIXTH REPORT OF THE SHELL FISH COMMISSIONERS

EXPORTS.

The shipment of Connecticut oysters to foreign countries has
increased rapidly, and the following statements upon this sub-
ject made by W. H. Hoyt, Esq., of The Hoyt Bros. Co., will
prove interesting and instructive. Mr. Hoyt had just made a two
months’ trip abroad for the purpose of investigating the oyster
industries of Europe. He says:

‘* Oyster cultivation in Europe is quite a different affair from what it is in this
country. I have covered the ground pretty thoroughly and I know what I am
talking about. In England and Ireland, for instance, the coast waters are much
colder than those of our shore. We ship large quantities of oysters there for
planting. They plant our oysters in the spring and exhaust the crop during the
summer and fall. They eat oysters there during the summer. American oysters
do not spawn there during the summer months, owing to the fact that the water
is so much cooler. The change in temperature has that effect. When, in
the late season, the water becomes cooler, the oysters grow poor; become
worthless in fact. For that reason there is a steady demand for American
oysters every year. We exported 100,000 bushels last year, our firm contribu-
ting largely to the exportation, and we expect to do more next year. They like
American oysters over there. The epicures fancy them exceedingly. Their
native oysters have a queer taste, which they get from the iodine in the water.
In order to like them you must acquire a taste for them. They are very pretty,
however; but the crop is limited. Oysters are eaten there either raw or on the
half shell, not cooked. The oysters we shipped last year and planted along the
English and Irish coast, were just as fat and good as we have here, and their
flavor was the same as here in the fall months.

‘“The leading centers of the oyster trade in England and Ireland are, for the |
export business, London, Manchester, Leeds and Birmingham. From these
places oysters are shipped all over England. ‘They are raised in, let me see,
Dublin, to start with Ireland, Collingsford, and other places along the coast
near them. . In both these places a great many American oysters are planted.
Along the coast of England I might mention as good oyster towns and places
where the American oyster is pushing his way very fast into favor, Ermisby,
Clerethorpes, near the mouth of the Humber, Brightingsea, farther south, Whit-
stable, near the mouth of the Thames, several places near the Isle of Wight, and
the bay up to Southampton, Poole, and other towns near.

‘*T will describe to you as near as I can what I saw in Belgium and Holland.
The French mode of cultivating oysters is precisely similar to the Dutch. At
Bergen Op Zoom they raise a great many Dutch oysters. They grow very pretty
and command a great price. Around the bay at Vlissengen there are also many
oysters raised. Their system of propagation is different from ours. The
bivalves are propagated in vats. These vats are made of brick, with bottom
and walls of that material. The vats are built along the shore and are supplied
with gates which let the water in and out of the compartments into which the
vats are divided. These vats cover from one-quarter to one-half an acre.
During the spawning time they put in a certain amount of oysters. Then they
put in tiles made of brick and covered with a lime coating. The tiles are about

OF THE STATE OF CONNECTICUT. 13

12 inches wide by about 20 inches high and are put into the vats by the thousands.
After the spawn, when the little oysters get to be about as big a ten cent piece,
the tiles are taken out and the oysters which have grown along their sides are
taken off and planted out upon the bar. This bar at Vlissengen costs the
oystermen £30,000 a year for the use of it. The government demandsit. For the
other bar near Bergen Op Zoom they pay the government £10,000 per year.
That is at the rate of about $2,000 per acre. Of course the industry laboring
under these terrible burdens is oppressed and can never prosper as it might.

“The oysters, after growing on the bar to a marketable size, are taken back
in the fall and put into the vats. The water supply in the vats is regulated as
is desirable. Ice, therefore, does not affect them, and they can handle and
transplant their oysters easily. But yet it is a very limited way of doing things.
The women do most of the work. They go into the water wearing hip boots
that reach to their waists, and have a way of tucking their dresses into the
boots. A great deal of money is expended in oyster culture in France and
Holland. Large quantities of American oysters are used there. Their oysters
compare favorably in size to ours.” i

STAR-FISH.

It has already been shown that there are over sixty thou-
sand acres of oyster ground heretofore designated which are not
cultivated. There are two classes of men who hold these
grounds: they who hold for speculation and they who are bring-
ing their grounds gradually under cultivation. Some of the
latter class really hold more than they are able to cultivate; while
others there are who cultivate imperfectly, shelling more ground
than they can protect from the star-fish and other marauders. This
works badly for all; for, while the extension of shelled grounds
affords an increased area for catching oyster spawn, the same
increased area is open for the spawning of more star-fish; and un-
less the areas are kept clear of the star-fish by continual dredging,
they will grow side by side with the young oyster, and in
time will appropriate him for food.

That the star-fish have destroyed thousands of bushels of young
oysters the past few years is a matter of public notoriety. From
the reports which have reached the Commissioners it is believed
that, although still quite abundant, they have been much less
numerous the past year than they were the year before. But it
is probable that they will thrive so long as the large areas of
neglected ground afford them undisturbed breeding places. It is
a common complaint that the natural beds, where the star-fish are
not so much disturbed as they are on private beds, are their
chief breeding places, and that millions of them go from
- their haunts to prey upon the neighboring grounds. All classes

I4 SIXTH REPORT OF THE SHELL FISH COMMISSIONERS

of growers have suffered by them, but the losses fall most heavily
on the small growers, some of whom have been made bankrupt
by their losses and have gone out of the business.

No means have been devised so effectual for the destruction
of these pests as are the improved dredges, which are so con-
structed that they pass over the beds without disturbing the oys-
ters. At their approach the star-fish rises, and before he can
get away he is drawn into the net. Capt. Charles W. Hoyt, of
Hoyt Bros. Co., has recently invented and patented a dredge
which slides upon runners and nets the star-fish without disturbing
an oyster. Mr. Riley T. Smith, of Smith Bros., has also invented
a contrivance which is quite unlike Capt. Hoyt’s.

In place of the iron tooth bar that usually moves before the
net, he has a shaft to which four buckets, or strips of wood, are
hinged. They are six inches wide and about four feet long,
extending from side to side in front of the mouth of the bag.
When the dredge is hauled over the bed the shaft turns, and the
under bucket, caught by the water, opens, and as it comes up in
the rear lifts and sweeps the star-fish into the net. Each of the
four buckéts in its turn acts in this way at each revolution of
the shaft. The oysters are not disturbed and nothing but star-
fish are brought up by the net. Mr. Smith says it works well—
better than any other dredge he has seen.

Both these inventions will prove of inestimable value to the
careful grower.

Complaints continue to be made of those who work on the
natural beds throwing the star-fish caught by them back upon
the natural and cultivated beds. This trouble, however, has
been fully considered in previous reports.

UNPRODUCTIVE GROUNDS.

That there is great difference in the product of grounds neigh-
boring to each other, and even in contiguous beds, seemingly
under like conditions and environment, both in deep and shallow
water, is well known to all cultivators. ‘This difference appears
not only in the quantity of spawn caught, but also in the rate of
growth and in the quality and flavor of the oyster.

Generally, however, all the grounds along the shores of the
State lying west of Madison, so far as they have been fairly tested,
seem to possess all the requisite conditions of successful oyster
cultivation; and the only serious difficulty which the growers have
had to contend with in securing good crops is the star-fish.

OL THE SPATE OF CONNECTICU LE: 15

But grounds lying east, from Madison to the Connecticut river,
so far as experimented on, seem to have failed in the necessary
qualities for the support of the oyster. It is reported that no
oysters have ever been found in any quantity in this section, and
some experiments which were made to raise oysters there before
1882 entirely failed.

The framers of the law of 1882 providing for designations by
the Commissioners, anticipated such failures and made provision
for them-—as appears from Section 6 of Chapter CLX. of the Session
Laws of 1882, which is as follows: Section 6.—When after the
occupancy and cultivation of any grounds designated as aforesaid
by the grantee or his legal representatives, it shall appear to said
Commissioners that said grounds are not suited for the planting
or cultivation of oysters, said grantee upon receiving a certificate
to that effect from said Commissioners, may surrender the same
or any part thereof, not less than one hundred acres to the State,
by an instrument of release, of all his rights and title thereto, and
shall on delivery of such instrument to the said Commissioners
receive their certificate of said release of said grounds, the location
and number of acres described therein, which shall be filed with
the State Treasurer, who shall pay to the holder the sum of one
dollar for every acre of ground described in said release, where
said sum has been paid therefor to the State, and the said release
shall be recorded by the said Commissioners in their record
books and in the Town Clerk’s office in the town adjacent to and
within the meridian boundary lines of which said grounds are
located.

Under this law during the past year proofs have been filed
with the Commissioners in several instances by which it has been
shown to the satisfaction of the Commissioners that certain
designated grounds off Saybrook and Westbrook are not suited
for the cultivation of oysters. Mr. Henry C. Rowe, one of the
largest and most experienced cultivators in the State, has spared
neither labor nor expense in testing these grounds in the most
complete and thorough manner, but to his great disappointment
all his efforts have been without success. ‘The Commissioners
personally inspected tbe grounds off Saybrook and Westbrook,
and the evidences of failure were conclusive. The dredges
brought from the beds bushels of worthless material, consisting
mainly of shells that had been spread over the grounds with
spawners for cultivation. Nota live oyster was found after the

16 SIXTH REPORT OF THE SHELL FISH COMMISSIONERS

most careful examination. ‘To every bushel of shells there were
two or three live periwinkles and a half dozen or more dead
ones, three or four crabs, one or two star-fishes, and three or
four small skates. All the shells were covered thickly with small
barnacles, and some few showed the sand-cells of the Sade//aria.
The shells that had been planted constituted the principal part
of the haul, and were readily recognized. The dredges were
thrown, one on each side of the steamer, several times at differ-
ent points, and always with the same result. There could be no
question of the complete failure of the costly experiments con-
tinued by Mr. Rowe through three successive years. The causes
of this signal failure are obscure, and, at present, can only be
surmised. The requisite data for their discussion are wanting—
data that only a prolonged period of repeated observations can
determine with scientific accuracy.

The successful growth of the oyster, apart from its enemies,
depends upon a variety of conditions, chiefly the proper density,
temperature and saltness of the water; the prevailing currents;
the character of the bottom; and the quantity and quality of the
food brought by the currents within the reach of the oyster. Slight
changes in any of these conditions tend to check its growth and
sometimes to destroy its life.

Every oysterman has his theory of the causes of failure, but
there is little or no agreement among them. Plausible as some
of their explanations are, they are mere speculation and guess
work. Not until a thorough study of the best grounds and the
poorest grounds is made and the results compared can any
approach to a satisfactory explanation be made. Such a study
would involve great labor and expense, continued through a
series of years, and through the varying seasons of each year.
Until this is thoroughly done the grower must grope in the dark,
slowly gathering here and there, through perplexing and costly
experiments, the facts that combine to insure his success.

Besides owners who have taken their designations through
the Commissioners, there are a few who took them through
town committees prior to 1882. ‘This latter class, although they
do not come under the law above cited, seem to be entitled to
some consideration from the State. ‘They are not numerous, but
they find themselves in possession of grounds that, after fair
trial, have proved unfit for growing oysters and are compara-
tively worthless. They cannot surrender these grounds to the

OF THE STATE OF CONNECTICUT. Li

State as those can who have taken designations from the Com-
missioners, because there is no law authorizing the Commissioners
to accept such surrender. These grounds are not cultivatable
and it is a waste of labor and money to work them. But under
the law they must be taxed and the owners must pay the tax; or,
if they fail to pay it, it is the duty of the Commissioners to file
liens and sell the grounds for the tax. Unfortunately nothing
would be realized from such proceedings, as no one would accept
a gift of the grounds, much less buy them. The result would
be a useless trouble and expense to the State. Now it is found
that most of these owners are ready to release their unproductive
grounds to the State without consideration in order to escape the
tax. As this would result in an annual saving to the State it is
recommended that a law be passed authorizing such owners of
ground within the Commissioners’ jurisdiction to release the same
provided they will do so without any charge or expense to the
State.
Some such law as the following would serve the purpose:

SECTION 1. That any owner of grounds heretofore designated
for the cultivation of oysters in the waters of Long Island Sound
within the jurisdiction of the Shell Fishery Commissioners of the
State, may surrender the same by delivery to the State of a good
and sufficient deed of release of the same, duly executed and
acknowledged by such owner, provided such release is made
without charge or expense to the State and is approved by said
Commissioners,

BUOY DISPUTES.

Disputes frequently arise between adjoining owners of grounds,
caused by one owner moving a buoy without the knowledge or
consent of the other. As such an act results in a change of the
division line between them, there is a constant temptation to
make such changes more favorable to the party present than to
the party who is absent. The opportunities for doing this easily
and quickly on the water without being observed are frequent,
and it is believed prompt legislation is required to meet the
trouble. It is therefore recommended that some such law as
follows be enacted :

SECTION 1. That, when a buoy is set anywhere on a line of
division between two or more adjoining owners, or marks the

18 SIXTH REPORT OF THE SHELL FISH COMMISSIONERS

point of intersection of two or more boundary lines of different
owners, any person claiming such buoy to be out of place shall
not move such buoy without giving at least five days’ notice in
writing to the owner or owners of such adjacent or neighboring
grounds as are affected thereby ; which notice shall specify the
official number of the buoy and its claimed position ; and it shall
also name the day and the hour when he shall remove such buoy
to its true position. And any person moving such a buoy with-
out such notice shall be deemed guilty of a misdemeanor, and
shall be punished by a fine not exceeding ten dollars, or by im-
prisonment in the county jail not exceeding ten days, or by both.

SABELLARIA VULGARIS.

As no further reports have reached the Commissioners in
regard to the Sadbellaria Vulgaris, it is probable that no serious
harm to the oysters has resulted from their presence. It is also
quite probable that they have not appeared in unusual quantities
on any of the beds except on the one deep water bed of Mr.
Rowe.

FINANCIAL, ETC.

The financial account is hereto appended covering the finan-
cial year ending June 30, 1886. This date should be remembered
when reading the Commissioners’ report, as the latter extends to
November 1, 1886. All the laws passed at the last session of the
Legislature touching the oyster industry will be found in the
Appendix; where also will be found extracts from the Engineer’s
Annual Report to the Commissioners.

All of which is respectfully submitted, this Nov. 1, 1886.

ROBERT G. PIKE, Commissioners
Witt1aAaM M. Hupson, of
James A. BILL, Shell Fisheries.

OF THE STATE OF CONNECTICUT.

Ee ean SY rE Wl ee

as)

OF THE FINANCIAL TRANSACTIONS OF THE COMMISSIONERS OF SHELL

FISHERIES FROM JULY 1, 1885, TO JUNE 30, 1886, INCLUSIVE.

RECEIPTS.

Total amount of Receipts for fiscal year ending June 30, 1886, -

From the following sources, viz:

For deposit fee on applications, - - = : SE Nghsh iy
For deeds delivered, - = Stee = = Seal pats
For drawing and recording deeds, - - - - 126 10
For private surveys, Engineering department, - - 714 93
For taxes collected, - : : = = = - 6,166 05

DISBURSEMENTS,

‘Total disbursements for fiscal year, - = 2 = s =
As follows, viz:
For postage, stationery, salaries Clerk, Janitor, etc., - $1,542 06

For salaries and incidental expenses of engineering

department, - - - = - - - 5,704.54

For office rent, - - - - - - - - 249 96
For services of Mud Inspector, - - = - 7 387 50
Net expenses of office, - = = = = - $7,884 06
Return of deposit fee on rejected applications, - - 45 92

$9,658 03

$9,658 03

$7,929 98

$7,929 98

20
DRAFTS ON TREASURER.

For office expenses, - = = Bs 2 au
For office rent, - . = 3 Z = ie

For engineering department,

For Inspector of mud dumping,

Disbursed as follows:

For office expenses, - = : : 2

For return of deposit fee, - = = = 2
For engineering department, . - - -
For office rent, - = = i = = 2
For services of Mud Inspector, - - . -

For cash returned to State Treasurer,

SUMMARY.

Total receipts of office for fiscal year, - - :

Total disbursements, - = Z = ie i

Excess of receipts over disbursements,

APPROPRIATIONS,

Original appropriation, - - - - =
Deficiency bill for commissioners, = = s

Deficiency bill for mud dumping, - - -

Disbursed as follows, viz:

Expenses of office, engineering department, etc.,
Commissioners pay and expenses, - - -

Unexpended balance returned to Treasurer, -

$13,150 00

- 1,000 00

300 00

$7,929 98
6,000 00

520 02

Vouchers for office expenses returned to Comptroller and by him

approved, - - = 2 = = &

SIXTH REPORT OF THE SHELL FISH COMMISSIONERS

$8,450 00

$8,450 00

$9,658 03
7,929 98

$1,728 05

$14,450 00

$14,450 00

$7,929 98

OF THE STATE OF CONNECTICUT. 2

Encinecrs Report.

To the Commissioners of Shell Fisheries of the State of Connecticut :

GENTLEMEN:—This report is for a period of twelve months,
ending June 30, 1886. The work of the department has kept me
actively engaged.

TRACINGS.

Each of the Town Clerk’s offices West of Orange has been
furnished with an outline tracing of the oyster lots, as claimed by
the owners, in State jurisdiction, off their respective towns. * * *

From Orange, eastward, your office is so accessible that inter-
ested persons there residing prefer to call at the office and insure
to themselves the latest knowledge relative to the territory under
consideration. Hence no maps for these towns were filed. * * *

DESCRIPTIONS OF SIGNALS.

Recognizing the value of complete information relative to the
descriptions and markings of the signals used by you, I have
looked up all new objects which have been observed on, and
made full descriptions of the appearance and location of the
same. ‘These, together with those before prepared, have been
bound into two substantial volumes. Several blank pages have
been left between each description, in order that future occur-
rences may be properly noted. ‘The whole has been indexed, so
that the complete history of any signal may be turned to at once.
The dimensions and shapes of the signals, the surface and other
marks, date of erection, the color, the dates when visited, repairs
and alterations of all kinds that have been made and condition
left in when last visited are all given.

212, SIXTH REPORT OF THE SHELL FISH COMMISSIONERS

SIGNAL REPAIRS.

The structures built by the State received a thorough over-
hauling in the spring. Mr. D. C. Sanford was in charge of this
work. Sixteen signals had chestnut posts secured to their legs.
These were buried deep and otherwise secured. Twenty-five
signals received one or more coats of the best quality of railroad
paint. When making repairs care is taken to give the signals as
trim an appearance as possible.

TOWN LINE AND JURISDICTION LINE SURVEYS.

April ro, a granite monument was set on the mean high water
line at the southwestern end of Shippan Point. ‘This is on the
State jurisdiction line, and is also a point of change in the direc-
tion of said line. Surveys and theodolite observations were
made to determine the geodetic position of the monument.

April 14, the geodetic position of a large chestnut tie set at
Shoal Point, was determined. A transit survey of the shore line
was also made. ‘The survey has been plotted and a point selected
and marked in the notes as the exact point of change in direction
of the State jurisdiction line. The angle and distance from the
tie to the change point are also now given in the notes.

April 16, a position at Seaside Park, Bridgeport, in line between
the Soldiers’ Monument and the Black Rock Lighthouse, was de-
termined, A survey of the sea wall was made. This survey has
been treated like the one at Shoal Point.

April 17, Charles Island was visited. A chestnut post was set
and located. The south side of the island and various objects
of interest were surveyed. The surveys have been plotted and the
angle, and distance to change point from the tie, entered in the
notes of the survey.

April 15, the initial point of the meridian section of the bound-
ary line between the towns of Greenwich and Stamford, was
located. The point is marked by a cut granite post of very dark
color. The post is 512 inches square on top and has some taper.
It is dressed for a height of fifteen inches and has a large un-
dressed butt. The post is set on the north side of the road, on
east side of the Tomack River. I am told that this monument
was set by town authorities in 1883. In 1881 the Selectmen of
the respective towns stated to you that the point was on the main
road to Old Greenwich, at the head of the Tomack River, and on
the west side of a little stone bridge. The river is carried under

OF THE STATE OF CONNECTICUT. 23

the highway by a stone culvert about three feet in width and four
feet high, so that it makes no material difference to either town
whether the monument is placed on the west or east bank. It
will now be easy to make any rectification of the position of this.
monument which may be desired.

April 13 and 14, the initial point of the meridian section of the
boundary line between Fairfield and Bridgeport, was determined.
Owing to changes in the creek which forms the boundary, the
position of the point was, in 1881, left subject to an investigation
to be made by Mr. H. G. Scofield, City Engineer of Bridgeport.

Mr. Scofield visited with me the point which he selected as a
result of his labor, and which the Selectmen had approved. It
appears that ayeargago a tide mill was located near the mouth of
Ash Creek. In order to make navigation possible up to this mill
the old channel was walled up so as to confine the water and
increase its depth. ‘The mill has been gone many years and the
old walls are in good part buried under the shifting sands. The
point selected is midway of these old walls, and may be recovered
by reference to data on file in the horizontal angle books.

It was not possible to get a satisfactory three point position at
either one of these town boundary points. ‘The theodolite was
therefore set up 830.8 feet from the Greenwich line, and 1,535
feet from the Fairfield line. In each case an angle was turned
from a suitable triangulation station to the point sought, and the
distance accurately measured with a steel tape.

REDUCTION OF SOUNDINGS.

To secure uniformity in the reduction of soundings to mean
low water level, I have prepared a table giving the rise and fall of
the tide for each half hour. The table is prepared for eleven
places between the Connecticut River and Great Captain’s Island
Lighthouse. ‘These constants algebraically added to the tides at
New London, as given in the U. S. Coast and Geodetic Survey
Tide Tables, give the required results.

BUOY WORK.

The number of buoys set during the year is 351; buoys sur-
veyed, 110; total positions determined, 461. The greater part
of this work was done by Mr. D. C. Sanford.

24 SIXTH REPORT OF THE SHELL FISH COMMISSIONERS

BOAT SHEETS AND BUOY ANGLE BOOKS.

A duplicate set of boat sheets has been made by Mr. Sanford.
They may be regarded as lot indexes to the details of the buoy
records of the office. I gave them a thorough revision and con-
sider them quite free from errors.

Mr. Sanford has also made a copy of what are termed the buoy
angle books. ‘These books contain the sextant angles used by
you in buoying each lot in State jurisdiction. These copies will
save a great loss in the event of accident to the originals, which
have thus far been used in the field. ca ig

GENERAL WORK.

The principal features of my work not specifically mentioned
have been attendance at your meetings and _ hearings, taking off
angles for use in the field, plotting on the working maps of the
office, making at request of owners certified copies of sextant
angles used in buoying out their lots, finishing the computations
relative to quite a number of points which it was necessary to
triangulate in order to have data for comparisons, furnishing by
your approval and at the expense of those interested satisfactory
solutions of difficult cases of buoy work.

Eleven days have been spent on work relative to the boundary
line between Connecticut and Rhode Island.

My journal of daily occupation I have kept as in years past.
It is to be found on file with the other books of record of the
office.

Mr. D. C. Sanford has in addition to work already credited to
him, rendered assistance in laying assessments for taxes, in
taking off angles for field use, in preparing the outlines of sev-
eral of the tracings sent to the town clerk's office, and various
details incident to the largeness of the work.

Mr. R. C. Pike, Jr., tendered his resignation in September,
1885, requesting that it take effect October 1. By request he
continued his services till November 1st. During the four
months he was chiefly engaged in buoy work.

DUMPING GROUND OFF MILFORD AND HOUSATONIC RIVER.

A conference with Col. Walter McFarland, of the U. S. Army
Engineer Corps, resulted in the reserving of an area of 485 acres
on which to dump material dredged from the above named
places.

OF THE STATE OF CONNECTICUT. 25

Material dumped east of a N. by E. course toward Welch’s
Point, and south of a N. W. by W. course toward the Stratford
Point Lighthouse, will be within the reserve. The intersection
of the bearings give a point near the northwest corner of the
reserve,

The exact description of the ground is as follows: The north-
west corner is a point which is sixteen thousand seven hundred
and thirty-three (16,733) feet due east of a point which is six
thousand one hundred and seventy-five (6,175) due south of the
center of the tower of the Stratford Point Lighthouse. The
north and south sides run due east and west and are each four
thousand seven hundred (4,700) feet in length. The east and
west sides run due north and south and each four thousand five
hundred (4,500) feet in length.

EXPENSES ENGINEER DEPARTMENT.

Salaries, - . - - - - - - - $4,100 00
Pay of men not under salary, - - - - - 185 50
U. S. Coast and Geodetic survey, - - ay hate 54 00
Mrs. E. C. Hunt, copying buoy books, - - - I3 00
Traveling expenses, party in field, - - - - 466 65
SIGNALS, GENERAL REPAIRS AND INSPECTION.
Pay of extra men, - - - - $201 oo
Lumber, — - - - - - - 82 03
Hardware, paint, etc., - - - 49 30
Traveling expenses, - - - - 69 76
402 09g
Ground rent for signals, — - - - - : - $66 50
Tools and field supplies, — - - - - - - oe a7
Office supplies, - - - - - - - 25 S220 87
Traveling expenses of engineer, : - - - 66 26
Postage, - - - - - - - - - 15 67
Express charges, - - : - - : - 29 69
Telegrams, - - - - - - - - 4 04
Total expense, - - - - - - $5,704 54

RECEIPTS OF THE ENGINEER DEPARTMENT.

There has been an increased demand for work which is subject
to charge. The amount collected during the year for office work
and buoy setting is $714.93. Of this amount I earned $250.90,

26 SIXTH REPORT OF THE SHELL FISH COMMISSIONERS

and the field party earned $464.03. Considerable work has been
offered which was located within the jurisdiction of the towns.
This work has been declined, as not authorized by law. How-
ever, such available data as the office possessed has been cheer-
fully afforded to all who applied. res.

The publication of a table of geographical positions of the
signals would be useful, but correspondence with the U. S. Coast
and Geodetic Survey office has elicited the fact that it has the
location of our signals under adjustment for their own uses.
The results will be sent to you this fall. A fine series of base
lines and azimuths for local surveys will be thus secured.

Respectfully submitted,
James P. BoGart,

Engineer for Commusstoners of Shell Fisheries.

OF THE STATE OF CONNECTICUT. 27

Laws Relating to Shell-Fishertes.

CHAPTER XOX VILE:

AN ACT AMENDING AN ACT RELATING TO TAKING SEED OYSTERS FROM
BRANFORD AND FARM RIVERS.

Be it enacted by the Senate and House of Representatives in General Assembly
convened

SECTION I. Section three of chapter one hundred and four (page 328) of the
public acts of 1878 is hereby amended to read as follows: No person shall take,
gather, or collect any oysters or shells from the aforesaid rivers by using for
that purpose implements of any kind, between the first day of April and the
first day of October in each year.

Sec. 2. Chapter ninety-nine of the public acts passed January session, 1879,
is hereby repealed.

Approved, March 10, 1886.

CEVA PRIMER Evil:
AN ACT CONCERNING THE DUTIES OF THE STATE BOARD OF HEALTH.

Be it enacted by the Senate and House of Representatives in General Assembly
convened :

SEcTION. I. The State Board of Health are hereby authorized and empowered
to investigate and ascertain as far as practicable all facts in relation to the
pollution of streams and natural waters of this State by artificial causes, which
in their judgment may be necessary to determine the sanitary and economic
effects of such pollution, and may have power to enter upon lands, buildings,
and premises, as may be necessary for their investigations, and may institute and
conduct needful experiments pertaining thereto, and shall have power to summon
witnesses, administer oaths, and hear evidence relating to such matters, and
said board of health shall make a report of their operations in writing to the
Governor, on or before the first day of December in each year.

Srec. 2. The Treasurer of the State is hereby authorized to pay to said board
of health for the purposes of such investigations and experiments, upon the
comptroller’s warrant in such sums as the certificate of the board with proper
vouchers annexed may certify from time to time, a sum not to exceed five
thousand dollars.

Approved, March 24, 1886.

28 SIXTH REPORT OF THE SHELL FISH COMMISSIONERS

CLEAR WE RoI

AN ACT CONCERNING THE TAKING OF OYSTERS IN ALEWIVE COVE.

Be it enacted by the Senate and House of Representatives in General Assembly
convened -

Any person or persons who shall take any oysters from the waters of Alewive
Cove, so called, in the town of New London, between the first day of March
and the first day of December in each year, shall pay a fine of twenty dollars
and the costs of prosecution. This act shall not apply to the owners of oyster
grounds that have been designated and set out to them in said cove under the
laws of this State, but they shall have the right and privilege to plant and
cultivate oysters on their said grounds and remove them at any time.

Approved, March 16, 1886.

CHAP ERE:
AN ACT RELATING TO OYSTER GROUNDS WITHIN STATE JURISDICTION.

Be it enacted by the Senate and House of Representatives in General Assembly
convened «

All transfers of title to oyster grounds within State jurisdiction, which may
hereafter be made, shall be recorded in the record books of the Commissioners
of Shell Fisheries; and it shall be the duty of the person, persons, or corporation
making such transfer to cause such record to be made forthwith; or in lieu
thereof, to forthwith give written notice of such transfer to the said com-
missioners, stating the date thereof, the name of the transferee or transferees,
and the description of the grounds affected thereby; and upon the failure to
make such record, or to give such notice, the person, persons, or corporation
making such transfer shall be deemed and treated by said commissioners, for
all purposes of taxation, to be the owner or owners thereof, notwithstanding
such transfer; and shall be liable for and shall pay all such tax¢s as may be laid
on such land by said commissioners at any time before such record is made or
said notice is given; and such tax shall be a lien on such grounds.

Approved, March 16, 1886.

GEEME IVE Ra Coxaville
AN ACT TO PROTECT SHELL-FISH IN THE HAMMONASSETT RIVER,

Be it enacted by the Senate and House of Representatives in General Assembly
convened

SECTION I. Any person who shall in any one day take, gather, or collect
more than two bushels of oysters, clams, mussels, and shells, or more than two
bushels of any of them, from any portion of Hammonassett river not desig-
nated for planting shell-fish, shall be fined not more than twenty dollars or be
imprisoned not more than sixty days, or both.

OF THE STATE OF CONNECTICUT. 29

Sec, 2. The towns of Clinton and Madison may appoint at annual or special
town meetings two or more special constables who shall have power to inspect
and measure shell-fish and shells taken by any person in one day from the por-
tion of Hammonassett river over which such constables have supervision,
authority and control as hereinafter provided, and to arrest, without warrant,
within such portion of said river, or within the town to which the officer making
the arrest belongs, any person found violating this act, or who has in his pos-
session shell-fish or shells taken, gathered, or collected by him within said lim-
its in violation of this act. Said towns shall respectively provide for the payment
of such special constables as shall be appointed.

Src. 3. It shall be the duty of such special constables to inquire after, and of
all informing officers of either of said towns to inquire after and prosecute, any
violations of this act. For the purpose of enforcing the same, special consta-
bles appointed as herein provided, and grand jurors and justices of the peace in
either of said towns, shall have supervision, authority, control, and jurisdiction
over that part of Hammonassett river lying above a line running across said
river at the mouth of Dudley’s creek, and perpendicular to the course of the
river, and of offenses under this act committed within said limits in the same
way and to the same extent as though such portion of said river was within the
town to which such constables, grand jurors, or justices of the peace belong,
and the officers and authorities of the town of Clinton shall have supervision,
authority, control, and jurisdiction over the remaining portion of said Ham-
monassett river. The accused shall be allowed to appeal as in other cases
brought before such justices of the peace.

Sec. 4. This act shall take effect from the date of its approval, and shall not
in any way affect the rights of the town of Madison, created by or claimed
under the act establishing the line between the towns of Guilford and Killing-
worth, passed in December, 1790.

Approved, April g, 1886.

CLAP IE EXO
AN ACT IN RELATION TO VHE TAXATION OF OYSTER GROUNDS WITHIN STATE
JURISDICTION,
Be it enacted by the Senate and [House of Representatives in General Assembly

convened «

The Commissioners of Shell-Fisheries are hereby authorized and empowered
to file, at any time, a notice of any tax heretofore laid, or which may be hereafter
laid, upon any oyster ground within State jurisdiction, in the Town Clerk’s
office of the town between whose meridian lines such oyster ground, or any
part thereof, may be situated, such notice to contain a description of such
ground, the amount of tax laid thereon, the year and day when it became pay-
able, and the name or names of the owner or owners thereof; and such tax shall
be a lien upon such ground from the time of filing such notice, as herein pro-
vided, until such tax is fully paid.

Approved, April 9, 1886.

30 SIXTH REPORT OF THE SHELL FISH COMMISSIONERS.

CHAPTER CXXXVII.
AN ACT CONCERNING TAXATION OF PROPERTY OF SOLDIERS AND SAILORS.

Be it enacted by the Senate and House of Representatives in General Assembly
convened ;:

SECTION I. . Property of residents of this State who have served in the army
or navy of the United States in time of war and been honorably discharged,
the property of resident widows and widowed mothers of persons so serving
and discharged, and of pensioned widows and mothers of soldiers and sailors
who served in the army of the United States, shall be exempt from taxation to
the amount of one thousand dollars.

SEc, 2. So much of section twelve of chapter one, title twelve of the Gen-
eral Statutes (page 154) as reads, ‘‘the estate to the amount of one thousand
dollars of pensioned soldiers and sailors who served in the army or navy of the
United States in the war of the rebellion and enlisted from and were credited on
the quota of this State, of the pensioned widows and mothers of said soldiers
or sailors, and of the pensioned widows and mothers of soldiers and sailors who
served in the army or navy of the United States in previous wars, and were
killed or died from wounds received or disabilities contracted in said service,”
and chapter twenty-three of the public acts of 1879, chapter forty-eight of the
public acts of 1880, chapter eighty-four of the public acts of 1884, and chapter
thirty-two of the public acts of 1885, are hereby repealed.

Approved, April 13, 1886.

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See RON LTS 1 —

YEAR ENDING OCTOBER 31, 1887,

MIDDLETOWN, CONN.:
r
PELTON & KING, PRINTERS AND BOOKBINDERS.
1887.

COMMISSIONERS OF SHELL FISHERIES,

_ e+e
Roverr G. PIKE, - - - “ - - - - MIDDLETOWN.
WILLIAM M, Hupson, Fe - - - - - - HARTFORD.
James A. BILL, - - - - - - - - - LYME.
CLERK.
FREDERICK BOTsrory, = = = = - - - NEW HAVEN.
ENGINEER.

James P. Bocartr, - = = ° = - < - NEW HAVEN.

SATE OF CONNECTICUE.

REPORT.

To His Excellency the Governor and the General Assembly of the
State of Connecticut :

The Commissioners of Shell Fisheries respectfully present their
Seventh Annual Report, covering the period beginning with
October 31, 1886, and ending with October 31, 1887.

ENGINEERING.

The work of the engineering department has remained under
the management of Mr. James P. Bogart. Fora brief period he
was assisted by Mr. John G. Bramley. During the year he has
been employed in various important duties in addition to the
ordinary routine work in the office. He has made a number of
valuable tracings, set many buoys, surveyed several town bound-
aries on the water, determined many essential points in the
jurisdiction lines of the Commissioners, and has done the larger
portion of the field work, the mathematical calculations and the
mapping, incident to the Rhode Island boundary line.

Since the 1st of July, 1887, he has been employed by the day,
and not at an annual salary as before that date, for the reason
. that the appropriation made for the engineering department by
the last General Assembly was much less than in previous years;
and for the further reason that a reduction of the appropriations
for the pay and expenses of the Commissioners from six thousand
to fifteen hundred dollars forced the Commissioners to limit the
number of their days’ work in the year to about one day in a
week.

6 SEVENTH REPORT OF THE SHELL FISH COMMISSIONERS

It will be remembered that in the Commissioners’ last report it
was stated that a map of the oyster lots in each town west of
New Haven, as claimed and occupied by their respective owners,
had been completed, and a copy thereof filed in the office of the
town clerk of each town; that upon each map so filed a notice
was conspicuously printed, urgently requesting all persons inter-
ested to examine the map and promptly notify the Commissioners
of any error that might be found. Seventeen months have
elapsed since such filing, and no word of criticism or complaint
touching any of the maps has reached the Commissioners. ‘This
confirms the statement heretofore made by them, that so far as
occupation was concerned the maps were as perfect and complete
as scientific skill, carefulness, and good faith could make them.
Nevertheless, there is abundant reason to believe that many of
the lots, thus mapped as claimed and occupied by the owners,
would be materially changed in outline, quantity, and location by
the recorded titles.

It is to be greatly deplored, and for years to come the owners of
lots will deeply regret, that the Commissioners were not permitted
to complete their work on the maps by testing each occupation by
its legal title, correcting interferences, adjusting boundary lines,
and settling controversies, so that the maps thus thoroughly pre-
pared would preclude the possibility of future disputes, and serve
as a guide for all time in the management and transfer of the
grounds. ‘The materials for this work were mostly in hand, and
the experience gained by the Commissioners and their employés
fully qualified them to complete it at the least possible expense
and in the briefest possible time.

The work on the final map of New Haven, East Haven and
Orange has gone on very slowly. At the time of the last report
the obstacles in the way of finishing it were about all removed,
and it was then expected that it would be completed the present
year. But this expectation has not been realized, owing to the
reduction of the appropriations hereinbefore mentioned and the
limited time that can be bestowed upon it.

The materials, too, for the occupation maps of lots in the towns
east of New Haven are ready, but it is obvious that these towns
must wait until such time as the Legislature will see the necessity
of adequate appropriations.

In a word, the Commissioners desire to say that in all their
most important work they have been seriously crippled,—the

OF THE STATE OF CONNECTICUT. Ff

sums appropriated by the last Legislature being entirely insuff-
cient. This unwise action was brought about at the last moment
of the session, mainly through the machinations of persons who
seemed to be actuated by a desire to gratify a selfish spirit rather
than by a wish to promote the interests of the oyster cultivators.

It may not be generally known that an organized attack was
made against the Commission at the last session of the Legisla-
ture, with the desire of ousting the present Commissioners and
vesting the power in one man. Notwithstanding the desperate
efforts of paid counsel and unscrupulous lobbyists, the plot signally
failed. The schemers, managed, however, under various pretexts
and misrepresentations, to keep back the shell-fish appropriation
bill until the last day of the session, when the vote, in the hurry
and confusion of the last hours, was hurried through without
proper consideration, and so the Commission was crippled when
it could not be crushed.

The Commissioners deem it but justice, not only to themselves
but to the State, that the statement of facts made by them in
defence of the Commission should in its more important details
be embodied in this report. It is due to the people throughout
the State, to whom the report will come, that they should rightly
understand the truth of the matter; while it will be useful to
those members of the Assembly who may be hereafter required
to consider and act upon the doings of the Commission and the
laws affecting the oyster industries of the State. The statement
above referred to is substantially as follows,—the paragraphs
which are marked with quotation points being extracts which
comprehend the petitioners’ reasons for asking that the Com-
mission be abolished :—

STATEMENT:—In the matter of a proposed change in the organ-
ization of the Shell Fishery Commission, the present Commis-
sioners deem it their duty to place before you the facts essential
to a safe and proper determination of the questions involved,
so that no detriment shall come to the State or to its valuable
oyster industry.

_ Previous to the year 1881, there had been serious disputes be-
tween the two great classes of oystermen in the State—those who
worked on the natural beds, and those who cultivated private
grounds. After along and exhaustive legislative investigation,
the law of 1881 was passed as the one most acceptable to all parties
interested. The burden of carrying this law into effect was
imposed upon the Fish Commissioners.

8 SEVENTH REPORT OF THE SHELL FISH COMMISSIONERS

What this burden was will appear in the following abstract of
the law. They were required:

rt. To run a shore line the whole length of the State, from
New York on the west to Rhode Island on the east; by which
line the grounds reserved for the State’s jurisdiction were separ-
ated from the grounds left to the towns.

2. To make a survey and a complete map of all the oyster
grounds which had been designated in previous years by the
several town committees for oyster cultivation within the area of
Long Island Sound, between said shore line on the north and the
New York boundary line on the south, and to ascertain who were
the owners thereof.

3. To ascertain what proportion of each lot of said grounds
was in actual use.

4. To explore and survey all zatural oyster beds and clam
beds in said area.

5. To outline each natural bed and map it in its proper place.

6. ‘To employ a clerk.

7. To grant designations of grounds for oyster cultivation,

8. To prepare forms for applications, notices, designations,
and assignments, to be approved by the Chief Justice of the
State.

9. To devise a plan of equitable taxation of the property in
the oyster fisheries, and report the same to the next session of the
Legislature.

to. To hear and pass upon all objections which might be
made against any application for grounds.

11. To survey and map every lot which might be designated
by the Commissioners, and cause the same to be marked out by
buoys, stakes, ranges, or monuments.

12. To commence proceedings in the Superior Court to re-
cover back for the State all designated grounds which are not
cultivated in good faith within five years.

13. To hear petitions for the surrender of grounds of not less
than roo acres area to the State, after reasonable, but unsuccess-
ful, attempts at cultivation.

14. Besides the maps above mentioned, to make a general
map of all the grounds; and also sectional maps of grounds oppo-
site each town; to be lodged in the town clerk’s office of each
town respectively.

OF THE STATE OF CONNECTICUT. 9

15. To prepare and deposit in the several town clerks’ offices
record books for recording designations and other instruments
pertaining to oyster grounds.

16. To make an annual report to the Legislature of the con-
dition of the industry.

The next year, 1882, the Legisture imposed upon the Commis-
sioners additional duties:

1. They were virtually constituted a tribunal to settle all
questions and disputes touching the ownership, titles, buoys,
boundaries, ranges, extent and location of the shell fishery
grounds, with special directions as to procedure in such cases,
their decision to be final and binding, unless an appeal should be
taken therefrom to the Superior Court.

2. ‘To collect and place upon the records of the Shell Fishery
Commission all evidences of titles not yet recorded either on the
records of the Commission or of town clerks, and to take steps
to recover to the State all grounds for which no title could be
shown.

3. To settle disputes about lines between owners where maps
show discrepancies, and to appoint a surveyor to make examina-
tion and survey of disputed lines, and report to the Commission,
who shall then summon all parties and have a hearing; after
which the Commissioners shall settle the line.

4. To originate and carry into effect a complete system of
taxation of all the oyster lots in the State.

5. Toselect proper grounds, off the different towns, out in
the Sound, for dumping grounds, designate and buoy them out,
and map them.

The next year they had still further duties:

1. They were authorized to appoint two or more suitable
persons in each town to be shell-fish wardens.

2. They were required to select and lease grounds for the
State for signal structures.

3. To supervise steam excavators used in dredging, and to
grant permits after investigation.

4. To appoint suitable persons overseers of dumping, who
were to accompany every boat carrying mud or other waste mate-
rial to be dumped in the waters of the Sound, and to see that the
laws were observed, so that oyster grounds were not injured by
such material.

1fe) SEVENTH REPORT 'OF THE SHELL FISH COMMISSIONERS

5. To file notices of unpaid taxes in the town clerk’s office of
the towns respectively opposite which the lots taxed were situated;
and,

Finally, the duty was imposed of establishing a boundary line
in the waters of the sea between Rhode Island and Connecticut.
Subsequently this duty was greatly increased by extending their
authority so as to include in their negotiation the unsettled line
from the Ashaway River, down the Pawcatuck, to Little Narra-
gansett Bay.

As soon as the law of 1881 went into effect, the Commissioners
promptly addressed themselves to its execution. The duties im-
posed were manifold, important, and novel. All they had to begin
with was, on the one hand, this untried law, and, on the other, an
area of 335,000 acres of ground under water, about one hundred
miles long and from three to ten miles wide.

What they have accomplished appears in their six successive
reports to the Legislature, aggregating over two hundred pages.

These reports show that no officers in the employ of the State
have had such varied and important duties to discharge as the
Commissioners have had for the last six years; and they challenge
the most rigid scrutiny into their acts, confident that it would
show beyond question that they have discharged those duties with
honesty, efficiency, and economy.

To give the briefest abstract of the work accomplished would
more than double the length of this statement. Hence, your
attention is invited only to a brief abstract from their first report,
covering a period of seven months, from May 1, 1881, to January
1882:
rt. The Commissioners carefully examined and made a digest
of the law of 1881 and many other laws touching the subject of
shell fisheries.

2. They considered general plans and all the necessary pre-
liminary details of their work.

3. After a thorough investigation, they appointed an engineer
and his assistants, and conferred with them as to their duties,
their necessary instruments and materials for their engineering
labors, and took the requisite steps to procure them.

4. Secured a clerk and assigned to him his duties.

5. Hired an office, and furnished it with the necessary
draughtsman’s tables and other furniture, for the Commissioners’
headquarters and the work of the engineers.

I,

OF DHE STALE OF CONNECTICUT: EE

6. Held regular meetings every Monday, and on other days
when necessary.

7. Run the line known as the Commissioners’ line—over one
hundred miles long,—and this after consultation with each board
of selectmen of the twenty-two different towns interested.

8. Measured every section of this line and mapped it.

g. Determined the twenty-four meridian lines running
through points where town division lines touched high-water
mark; thence run the meridian lines for the eastern and western
boundaries of each town on the Sound to the New York line and
mapped them.

to. Ascertained the area of ground included within Commis-
sioners’ jurisdiction, and investigated the ground to learn the
principal characteristics of the various tracts within the area,
separating rocky reefs and poor ground from ground suitable for
designation.

tt. Ascertained and mapped the various depths of water in
these grounds.

12. Ascertained the natural beds in this area, their location,
extent, and general features—eighteen beds in all. ,

13. Received and considered 119 applications for grounds;
posted 119 notices; attended hearings when such applications
were objected to, and made many preliminary searches to ascer-
tain if the grounds applied for were open for application; and in
this connection investigated between thirty and forty designations
that had been made during the period of two weeks between the
passage of the Act of 1881 and its going into effect. [See First
Report, pp. 47, 48, 49, 50.]| This work occupied a vast deal of
time, as the records of each town had to be examined, and in
many instances copied.

14. Searched for and collected all maps that could shed any
light upon the territory—maps from the Coast Survey Office, pri-
vate maps, and town committee maps.

15. Prepared forms required by the law, and submitted the
same to the Chief Justice of the State for his approval.

16. Prepared record books in due form for recording designa-
tions in the Commissioners’ office, and also in the several towns.
One copy of these expensive books was lodged in each town.

17. Considered a plan of taxation. Many conferences were
had with the oystermen; after which a law was prepared by the
Commissioners, which was approved by the oystermen and adopted
by the State.

12 SEVENTH REPORT OF THE SHELL FISH COMMISSIONERS

18. Considered many points of importance that led to the
recommendation of various laws for the benefit of the industry
and facilitating the work of the Commissioners.

tg. Made thorough and careful inquiries into the extent of
the industry, the number of persons engaged, their methods, im-
plements, vessels, and other matters necessary to an intelligent
discussion of the various important questions constantly coming
up for solution, and for the report required by the law.

20. Examined natural beds with a view to the best methods of
protecting and using them.

21. Prepared preliminary maps, of which two were printed
and annexed to the first report.

22. Made a survey and triangulation of the shore from
Sachems Head to the Connecticut River as a basis of reference in
the surveying and the mapping of lots.

23. A great deal of the Commissioners’ time was occupied with
the hearing and settlement of disputes touching applications,
boundary lines, and defective deeds. Some of the hearings were
continued through several days, and were conducted by able
counsel on both sides. The questions of fact and points of law
involved in these cases required of the Commissioners prolonged
and patient investigation and study.

24. At every meeting of the Commissioners they were called
upon by the oystermen and others interested in the work in quest
of information, and much of their time has been spent in advising
and directing them.

25. In the discharge of their duties they were often called
upon to make journeys by land and on the water on all parts of
the shore and the Sound, and they were frequently occupied from
early morning to late in the evening, and sometimes were required
to be absent over-night.

Finally, they prepared and published their first report.

Now, from the foregoing abstract some idea may be gained of
their first seven months’ work—the initiatory period,—when they
were getting the work systematically laid out and started. From
this time forth the duties of the Commissioners constantly in-
creased.

To get an adequate idea of what was done in the five succeed-
ing years, the Commissioners reports must be carefully read.

But, ina general way, it may be stated that of all the multi-
farious and important duties that demanded attention, they do not
know of one that has been neglected.

OF THE STATE OF CONNECTICUT. 13

~

Every branch of the work has been pushed towards completion
as fast as possible, and certainly with as much economy as con-
stant and anxious watchfulness could secure. The books, maps,
documents and records in the office are silent but unimpeachable
witnesses of the work accomplished, and the thorough and sys-
tematic methods observed in every department.

The engineering records fill one hundred and seventy books,
containing an aggregate of very nearly ten thousand double
pages.

The buoy-book records, alone, number forty-eight volumes,
comprising in the aggregate two thousand seven hundred and
eight double pages.

Of these records forty-eight volumes have been duplicated.

There are sixteen volumes of buoy angle books showing the
sextant angles for setting buoys, which buoys are numbered con-
secutively from one to eighteen hundred and thirty-one, all of
which have been set to mark the corners of lots. Of these books
there are duplicate copies—one set for the office, and the other to
use on the water.

There are five volumes of field records, containing notes of
surveys made along the shore and elsewhere.

There are also six volumes containing notes of preliminary
surveys.

There are three volumes within which all the details pertaining
to signals are recorded, with maps and mathematical data.

There are twenty-four volumes of observations of horizontal
angles,—standard triangular work—with all the points mathemat-
ically determined, serving as a basis of reference for surveys of
every designation in the Sound.

There are four volumes wherein are recorded for preservation
the draft description of every piece of ground designated by the
Commissioners—about five hundred and eighty-three parcels.

There are eight volumes of triangulation and survey notes per-
taining to the determination of the boundary line between Rhode
Island and Connecticut.

These have the mathematical description of every geodetic
point in and about the boundary line; which line, in all its details,
is shown on duplicate maps, each thirty feet in length—all made
in the office.

Over one hundred and fifty maps are on file, most of which
have been made in the office, and these maps are subject to con-

14 SEVENTH REPORT OF THE SHELL FISH COMMISSIONERS

stant reference to meet the requirements of the work, and frequent
calls are made for tracings from them, which require a great deal
of time, skill, and labor to make.

There are twelve books of designations and titles copied from
town records and indexed.

Six hundred and sixty-five applications have been made, and
the same number of notices filled and posted. Most of these ap-
plications were examined by the Commissioners. Many of them
were contested; some were withdrawn; some failed to take the
deed after it was tendered, and some were rejected. Five hun-
dred and eighty-three deeds were drawn and delivered, covering
an aggregate of 50,549;%, acres.

In addition to this, many letters are received daily at the office
which have to be read and answered, either by the Commissioners
personally, or, by their advice, through the Clerk or Engineer.
These letters come from persons engaged in the industry, from
people in all parts of the State, from officials of other States, and
even foreign countries; and common courtesy required that the
information sought should be given, when possible. Such corre-
spondence is a natural result of the reputation which th State
has gained at home and abroad through her system of protecting
the oyster industry.

During all this time the Commissioners were searching for
information about the owners and claimants of lots. As soon as
practicable, after claims were discovered, the claimants were noti-
fied to accompany the engineers on a survey—sometimes with the
adjoining claimants, and sometimes without them. These surveys
and all other information of importance were returned to the
Commissioners, and, after due deliberation, were mapped. In the
fall of 1886 this preliminary work was completed, and maps
showing the outline and location of every lot, as claimed, within
the jurisdiction of the Commissioners, were made and filed in the
town clerks’ offices of the respective towns west of New Haven.

Now, all this tedious work was absolutely necessary as prelim-
inary to the final mapping.

The Commissioners had nothing before them but a bare waste
of waters. As the position of a lot under water could be deter-
mined only by ranges and bearings upon objects on the shore,
and as most of the town designations previously made had been
so located, the first thing necessary was to establish these objects,
—such as rocks, trees, buildings, steeples and the like—and where

OF THE STATE OF CONNECTICUT. 15

they were wanting, to build signal structures on prominent points.
Twenty-two of these signal structures were built. All these ob-
jects, when selected, had to be surveyed and connected together
by a system of triangulation. All these were mapped on a large
scale, and when the survey of a lot was made on the water with
reference to these points on the shore, the results were returned
to the office, and then it was easy to map the lot in its proper
place. When all the lots were so surveyed and mapped, the im-
portant duty of examining each lot in the light of its designation
could be properly performed, and not before. ‘There are more or
less discrepancies in every case; but the Commissioners have
rarely failed, after conference with the claimants, to satisfy them
in their adjustments and mapping according to title.

They have been for some time engaged in this kind of work on
the New Haven map, and it will be the first map completed by
them according to the requirements of the law. It will accurately
show every detail of every lot in New Haven waters under State
control, as held and owned by legal title, and so mapped that a
hundred years hence it can be as readily found as now.

Some.of the final work has been done on some of the other
maps. All the necessary information, as we have seen, has been
obtained and thoroughly systematized, ready for use, and the
Commissioners are anxious to push the work to completion. It is
the most important work that has been imposed upon them. It
requires experience, judgment, patience, and, above all, the strict-
est impartiality and honesty.

It is respectfully submitted that the gentlemen who have initi-
ated this great work, built it up from its very foundation, and
gathered the material ready to complete it, should not be deprived
of the satisfaction of carrying it through to the end. To put
this work, at its present stage, under the control of new and
inexperienced men, would seriously interrupt and delay it, and in
the end would cost the State an increased expense. It would
require months for new men to acquire the necessary preliminary
knowledge of the material in the office to enable them to work
with facility and success. It is believed that no one questions the
honesty and efficiency of the present Commissioners. The chief
complaint against them is based upon the expense incurred; but
any such criticism is unfair. Considering the nature and extent of
the work done, it will be difficult to show that one dollar has been
spent unnecessarily, or that the Commissioners have not reduced

16 SEVENTH REPORT OF THE SHELL FISH COMMISSIONERS

expenses as fast as they could. The moment the field work was
finished they dismissed the gentlemen who were chiefly engaged
in it, and this alone will save annually at least four thousand dol- —
lars, of which twenty-nine hundred were salaries.

Last year the Commissioners reduced their estimates of ex-
pense, and this year they have asked for a still smaller sum.
They have but two employés—an engineer to aid in the mapping,
and the clerk, who has all the records, designations, and taxes to
attend to. Indeed, the Commissioners look to an early day when
their great work will be finished. Then the Commission can be
managed at a much less cost. But, until that time comes, the
Commissioners respectfully submit that they should not be inter-
rupted in their work; and the most unwise act of all would be to
put its completion into the hands of one man. ‘There are many
intricate questions involved in this final mapping—dquestions that
affect the title, the boundary, the extent, and the locality of every
lot; and, aside from all questions of capacity and experience, for
such important work surely there is safety in a multitude of coun-
selors. Zhree Commissioners are not so readily swayed as one
might be. In a word, it is not for the best interests of honest
oyster growers that the Commission should be left in the control
of one man.

The following table will show the expenses of the Engineer
Department of the Shell Fishery Commission for five years and
nine months, from May 1, 1881, to February 1, 1887. Every item
to January 1, 1887, will be found fully vouched for at the office
of the State Comptroller. The vouchers for the month of Janu-
ary are at the Commissioners’ office, not yet filed with the Comp-
troller:

Totals.
I. United States Coast and Geodetic Survey, - - $2,855 98
7, Spilleyates, | = - - - - - - - 20,360 48
3. Pay of men not under salary, = - - - =, LORS
4. Steamboat hire, - - - - - - - 758 00
5. Traveling expenses—field party, - - - = 2 lO
6. Signals—structure and repairs, - - - - 1,059 89
ra eum ber = - - - - - - 351 18
8. Triangulation work, - - - - - - 1,963 99
g. Office supplies, - - - - - - - g2I 62
10. Tools and field supplies, — - - - - =) 5, 706532
11. Ground rent for signals, = - - - - . II2 25
12. Engineer’s traveling expense, = - - - 632 33

ESyOstase, a= - = = 2 = = = 98 62

OF THE STATE, OF CONNECTICUT. 17

Totals.
14. Telegrams, = = = = : = - $29 15
15. Express charges, - - - - - - 100 32
16. Surveys off New Haven and Milford, - - - 205 26

Total engineering expenses for 5 years 9 months, $34,374 84

978 23

Average engineering expense per year, = =. Se
Average salaries of engineers per year, - 35540705

Expenses of Engineer Department for successive periods of
time during five years and nine months, from May 14, 1881, to
February 1, 1887:

From May 1, 1881, to Dec. 1, 1881 (7 mos.),_ - - $2,368 69
From Dec. 1, 1881, to Dec. 1, 1882 (1 year), - =) 10,2718 O 5
From Dec. 1, 1882, to Dec. 1, 1883 (I year), - - ‘6,180 56
From Dec. 1, 1883, to Dec. I, 1884 (I year), - - 6,165 78
From Dec. 1, 1884, to July % 1885 (7 mos.),_ - - 4,035 89
From July 1, 1885, to July 1, 1886 (1 year), - - 5,704 54
From July 1, 1886, to Feb. 1, 1887 (7 mos.), - STROM EtG

Total for 5 years and g months, = = - $34,374 84

/

N. B.—An examination and comparison of the last three items show that the
expenses were greatly reduced in 1885-6-7; and as the seven months’ expense
from July 1, 1886, to February 1, 1887, are only $1,647.43, the expense for the
whole year will not exceed $3,000.

The work on the boundary line between Connecticut and
Rhode Island increased the labors and expenses of the Commis-
sioners for travel and hotel bills materially. When they presented
their last estimate this work was not completed, and they could
not foresee what more would be required of them. Hence, they
named the same sum for their service and expenses as the year
before. But since that time the work has been so far completed
as to only await the copying of the duplicate maps and other
papers to accompany the agreement, and the whole sum named
(six thousand dollars) will not be required—that is, it will not be
required unless new duties are put upon the Commissioners by the
Legislature.

We are now prepared to consider the reasons which were circu-.
lated with the petition for a change. They are very adroitly
drawn, and are well calculated to deceive the most wary.

The very first sentence conveys a false impression: “ The
“Shell Fish Commission has cost the State $13,884.06 during the

18 SEVENTH REPORT OF THE SHELL FISH COMMISSIONERS

“past year, besides what the same men have drawn from the
“State as Fish Commissioners.” This language is obviously de-
signed to convey the idea that the Shell Fish Commissioners have
pocketed over four thousand dollars apiece for their services and
expenses, besides what “the same men” had drawn as Fish Com-
missioners! The author of the reasons was careful not to specify
the amount drawn as Fish Commissioners, because it is so insig-
nificant that, if mentioned, it would have added no weight to his
statement. As Fish Commissioners, each one is limited to two
hundred dollars for his pay and expenses per year!

Here is the whole cash account of the Shell Fish Commission-
ers with the State from the beginning:

Receipts. Office Expenses. pa eee
To Nov., 1881 (7 mos.) - $8,369 69 Paid $3,581 84 $1,162 14
f 1882 (1 year) eo AO 20) 8 TOL Bgl 12 3,613 60
BS 1883 i - 20,516 13 Pi fekaerual(oyy el BRO TAG
ot sey, - 13,732 84 “8,350 49 5,065 79
June, 1885(7mos.), - 6,568 72 5.080008 3.37 7 O
° 1886 (i year), - 9,658 03 F253) Os 6,000 00
Total receipts, - - $77,331 67 $44,577 35 ~- $23,096 16
Total expenses and pay, 67,673 51 23,096 16
Surplus, - = - $0,658 16 $67,673 51 Ttl. ex. and pay.

N. B.—The accounts for the current year ending June, 1887, are not yet
made up, but it is believed that the balance of receipts over payments will in-
crease this surplus.

Whole period of 5 years and 2 months—Comm. pay and exp., $23,096 16

Three Commissioners—average per year, = = = - 4,470 23

One Commissioner—average per year, - - - - - 1,490 08
and of this more than one-third is for travel and other expenses.

Now, when the various duties above specified were put upon
the Commission by the State, it was not contemplated that the
expense of this work should be paid out of any tax raised upon
the grounds—indeed, no tax had then been provided for. It was
believed that the proceeds of the sale of grounds would be used
for this expense. ‘The State did not expect the work would be
done for nothing, nor did it intend to speculate in the grounds.
It put prices so low that the poorest could buy them. The State
hoped thereby to encourage the industry, and the money thus
obtained was to be expended in the work of the Commission,
which was to establish order and system where the utmost con-
fusion and uncertainty had prevailed. And what has been the

OF THE STATE OF CONNECTICUT. 19

result? Why, the Commissioners have collected and paid into the
State treasury more money than they have drawn out. The State
is not yet out of pocket one cent. On the contrary, there remains
in the State treasury an unexpended balance of $9,658.16, which
the Commissioners have collected and placed there; and this
balance would have been $40,000 to $50,000 larger had not
thousands of acres of the best ground been taken up during the
brief period of two weeks between the passage of the act
of 1881 and its going into effect, whereby the Commissioners were
deprived of what the State contemplated would be the proceeds
of their sale.

In laying out such a vast amount of work for the Commission-
ers, the Legislature must have foreseen that its faithful perform-
ance would lead of necessity to a large expenditure of money.
The fact that the Commissioners were directed to employ a clerk
shows that the Legislature realized that the Commissioners’ duties
would be so extensive and varied, that the mere clerical work of
the Commission would require the whole of one man’s time.

As to “the falling off of sales:”” This was to be expected; and
if the designation of grounds was all the work the Commission
had to do, there would be some force in the statement.

Again: “The Commissioners have increased their pay and
“expenses from $1,162.14 the first seven months to $6,000 the
“last year. As the sales of the grounds diminish, thetr pay and ex-
“ penses tncrease.”’

To the first statement we reply that the first seven months the
work was light compared with what it was in the following years,
for, as we have shown, their duties increased constantly. Indeed,
the State put new and more difficult work upon them every year,
and they were forced to devote more time to it, tothe prejudice
of their own business. In 1882 they had hardly got the work in
hand; nor were there any tax bills to get up and collect. In 1886,
when the $6,000 was spent, in addition to their ordinary duties,
the determination of the boundary line between Connecticut and
Rhode Island was put upon them, a work that has cost much
time and expense; all of which, so far as the Commissioners are
concerned, has been done by them without extra pay! But the
writer of these reasons would have you believe that, because the
sales of grounds diminished, the pay and expense of the Com-
mission ought to diminish fro rata. The sale of grounds is but a
small part of their work; and although these sales have fallen off,
other duties have been forced upon them.

20 SEVENTH REPORT OF THE SHELL FISH COMMISSIONERS

Again: “Is the Commission worth $13,884.06 to the State?”
To this the Commissioners say that it is worth all it has cost, and
all that it will cost. But, although it justly cost the sum named
last year (ending June 1, 1886), it by no means follows that it will
cost that sum in the current year and afterwards. In fact, it will
not cost anywhere near that sum, as we have already shown.

The discharge of the field party saved to the Commission an
annual expense of $2,900 in salaries, besides other expenses
attendant upon the work, and the estimates for engineering and
surveying made for the coming year were consequently greatly
reduced long before any opposition to the Commissioners was
manifested.

Again: “They say that the oyster growers must be taxed suff-
“ciently to maintain the Commission.” The Commissioners do
not say this, nor is there anything in their reports that justifies
such an assertion. The State ordered the Commissioners to tax
the grounds one per cent. on their valuation. They valued the
grounds according to the best information they could get, and
they laid the tax without regard to its ultimate amount. But the
highest tax yet levied by them was only about ELEVEN cents an
acre. ‘That was the average rate the past year on all the grounds
in the State! But it has nothing to do with the annual expense
of the Commission. ‘The two items are separate and independent
of each other, and they are thus coupled together in order to
force a point against the Commission. It is obvious to all that,
no matter what the tax is, it is entirely foreign to the question of
the extent and value of the services of this Commission, or the
amount of their compensation. It served its purpose, however.
By such sophistry the oystermen were led to sign this petition:
“Do the oyster growers want to pay $13,884.06 per year for the
‘‘Commission? No, of course not. Then let them sign this
“petition.” That is the way it was done, and hence this long ar-
ray of names,—names of honest men, most of them—and yet not
one in a hundred of them could tell what work the Commission-
ers were doing. They probably did not care. What they looked
at was being taxed, and, as was told them, “doubly taxed,” to
support these Commissioners. If they could get rid of them
they could get rid of taxes. But they failed to delude all. There
are many of the most respectable and influential oyster growers
of the State that oppose this petition and law, and fully approve
the Commissioners’ acts. But, we repeat, this tax is one thing—

OF THE STATE OF CONNECTICUT. 21

the great work of the Commission is another. The State passed
the tax law and made it one of the duties of the Commission to
execute it. If it is a vicious law, change it; but it cannot be
changed by attacking the Commissioners. Wipe the Commis-
sioners out, and the law yet stands and must be enforced. Re-
peal the law, and it takes from the Commissioners only a small
part of their duties, and that the most disagreeable part.

The promoter of this movement has 10,o00 acres and upwards
of oyster ground, With his two steamers he cannot cultivate
thoroughly more than 500 acres. If he attempts more, he cannot
keep it clean from stars. This he has attempted, and he has suf-
fered, perhaps, like the rest. If his broad acres were divided up
and held by other parties who would be glad to cultivate them,
they would pay a higher tax to the State; and what is of equally
great importance, would not be, as they now are, beds for unlim-
ited star breeding.

It is this failure to cultivate large holdings that makes this tax
seem so burdensome to owners. Let them sell off some of these
good grounds that they hold for speculative purposes, and they
will have more money and not feel the trifling tax the State lays
on them.

This tax, as we have seen, averages about eleven cents an acre
through the State. Is there any land above water in the State
taxed so low as this? Now, if oyster ground is worth holding at
all, if it is worth cultivating at all by these dissatisfied holders,
surely eleven cents an acre can add nothing worth considering to
the burden of cultivation. A dozen good oysters would pay the
tax on each acre.

The truth is, many of the oystermen have extended their busi-
ness too much, They have shelled hundreds of acres where
they should have shelled only tens of acres. The result is that
the shells catch the star spawn as readily as the oyster spawn.
The planter, not having the means to destroy the stars, lets them
grow side by side with the oysters, and when they get big enough
they eat the helpless oysters up. Hence it is that the stars have
become so numerous and destructive; and this will continue as
long as more shells are laid down than can be taken care of.
The oystermen must give up their notions of large crops growing
without labor or care. They must confine themselves to areas
which they can manage and protect. We could name men who
have pursued this wise policy, and they have made money

212, SEVENTH REPORT OF THE SHELL FISH COMMISSIONERS

uninterruptedly. Look at this: Of the 83,834 acres of ground
designated, 63,820 are uncultivated—three-fourths of the whole!

Now the Commissioners know that a large part of the one-
fourth reported as cultivated has been left without attention, and
the stars have thus multiplied, and the oystermen have suffered
seriously. No doubt many of them feel poor and they are poor.
The Commissioners recognize the fact that these losses from stars
materially affect the value of oyster grounds; and although they
believe, aside from stars, that their estimates of value have been
right, they have been led to reduce their estimates for the current
year from 20 to 30 percent. because of stars. This has been
done after consultation with many of the most intelligent and
judicious cultivators. So that the tax to be laid the current year,
it is estimated, will probably not exceed six cents an acre.

No doubt many men went into the business without experience
—many without means to protect their grounds—and they have
suffered losses. Nevertheless, the greater number of cultivators
have made money; though not so much, perhaps, as to meet their
over sanguine expectations. If there were no other evidence of
this, the new houses, and wharves, and factories, and steamers
built by them would be conclusive. In the year 1884 there were
forty steamers engaged in the industry; in 1885 there were forty-
nine, and in 1886 there were sixty! ‘True, two or three were
owned in New York; but New Yorkers have considerable interest
in Connecticut grounds.

The Commissioners present the facts: it is for the State to say
whether or not any tax shall be raised on the grounds, what it
shall be, and how it shall be ascertained. ‘The present system is
full of uncertainty, perplexity and difficulty. The appraisal of
any property on shore is facilitated by inspection. It has a re-
puted value among those who are in its neighborhood, and a fair
approximation may be secured without serious effort. But these
oyster lots are out of sight—in some instances twenty fathoms
under water. The man who knows their value best is the owner,
and he is not inclined to tell about it. Indeed, the greater num-
ber of oystermen fail to put a valuation on their lists, and many
fail to make any list at all. ‘The Commissioners have some gene-
ral facts bearing on the question of value, obtained in various
ways; but with the best knowledge they can obtain they some-
times err in their estimate, getting it either too high or too low.

OF THE STATE OF CONNECTICUT. 23

[Please read pp. 9, 10 and 11 of the Commissioners’ Third
Report, and pp. 1o and 11 of their Fourth Report. |

It is not strange, therefore, that they have made mistakes of
this character. They will always be made under suchasystem of
taxation.

Again: “ Will not oysters grow as fast if the Commission does
“not get $6,000 a year?’ Probably they will. The Commis-
sioners are not in the oyster business, but they have duties im-
posed upon them, the discharge of which is vital to the industry,
and their pay has been fixed by the State. If they discharge
those duties honestly and efficiently, the State will pay them,
whether it cost $6,000 or any other sum, and this whether oysters
grow or not.

They ask the Commissioners to “resign.” Inthe midst of such
a work, after acquiring all the material for its completion, and
after their valuable experience, they would be false to themselves
and the State to resign. And, further, they say that it would be
doing them an injustice to deprive them of the honor of complet-
ing the work which they have faithfully begun and carried along
almost to completion—a work that has met the approbation of
experts all over the world. Whatever money has been expended
is fully justified by the results. The engineering work has been
well done and at reasonable cost, and as for the pay of the Com-
missioners, it has been really inadequate. The average pay and
expense of each does not exceed $1,500 a year! If they had not
other means than this compensation, they could not afford to do
such work. The salaries of most of the young men in the State’s
offices for mere clerical work are quite as large.

“Cannot a competent officer at $1,500 or $1,800 a year, with a
‘competent and honest engineer employed part of the time, do
“‘ all that is now done?” We say, “No!” emphatically “No!”
It will take a new commissioner and a new engineer six months to
familiarize themselves with the work that has been done and the
methods of the work, and we do not think it prudent, as we have
already shown, to put such work, at its present important stage,
into one man’s hands—a man who may be manipulated for base
and selfish ends.

Indeed, the present Commissioners could complete the work
more efficiently and economically in half the time that one new
man would require to do it. The most expensive part of the
work is done, and it only remains for the Commissioners, with the

24 SEVENTH REPORT OF THE SHELL FISH COMMISSIONERS

aid of Mr. Bogart, to complete the maps. After that the expense
of running the Commission may be reduced to a very low sum,
for then a clerk can do almost all the work of the office. And
right here it is due to Mr. Bogart, the enginneer of the Commis-
sion, that some comment should be made upon the vicious slur in-
volved in the questions put by the author of these reasons.

Mr. Bogart has been with the Commissioners from the begin-
ning of their work. He was recommended to the Commissioners
by Professor Brewer, Governor Bigelow, and others competent to
judge. He has fully justified their flattering recommendations;
and the Commissioners have no hesitation in saying that, after so
long and intimate an acquaintance with Mr. Bogart and his work,
they know him to be an honest, capable and efficient engineer.
They have found him equal to the tasks set before him. He may
have his peculiarities, but they are not such as make him the
ready servant or tool of any selfish or designing man. ‘There is
not a shadow of reason for this cruel attack upon his personal and
professional character, and we venture to say that where one thus
vilifies him and his work, there are hundreds who speak in his
praise. ‘The salaries and engineering last year did amount to
$5,704.54; but this included the expenses of the field party, which
cost a considerable portion of this sum. With Mr. Bogart alone,
and with no work in the field this year, they will not be half as
much. So that to the question whether such services are worth
$5,704.54 per year, the Commissioners answer, “ Yes, last year; ”’
but “ No, this year.”

‘Has the Commission treated our claims of deduction on our
“assessments fairly?”

They say, Yes, they have; and no claims more fairly than those
of the circulator, if not the author, of this petition and the reasons
accompanying it.

“We are willing to pay a fair income to the State, but do we
“want to pay twice what we are now paying, and the State get
“none of it?” .

“Willing to pay a fair income!” What does the gentleman
call a fair income? ‘The Commission put the tax last year, as we
have already stated, at about eleven cents an acre on an average
through the State, and this year at about six cents an acre. If it
were put lower, it would but little more than pay the expense of
making the list, reviewing it and collecting the money. The cir-
culator or author of these reasons has hundreds of acres of the

OF THE STATE OF CONNECTICUT. 25

best land in the State which he would not sell for $300 an acre,
or even for more than that. Yet in no case have the Commis-
sioners ever assessed his land more than fifty dollars an acre,
which, at one per cent., yielded a tax of fifty cents an acre!
What he means by a “fair tax”’ is no tax at all.

But whatever tax is received, the State will get the whole of it,
as it has always got every dollar, as fast as collected.

Now, as to the final appeal “For yusTicr,”’ the Commissioners
cheerfully join in it. Let these complainants have jws¢7ce,—no
more, no less—but the State must have justice, too; and the
Commissioners, as agents of the State, urge upon you to see that
no injustice be done to anyone, whatever may be the clamor of
selfish and designing men.

Although great efforts have been made to create a prejudice
against the Commission and mislead public sentiment, the Com-
missioners have deemed it unnecessary here to take notice of such
acts, believing the Legislature of the State to be the proper tribu-
nal for them to appeal to for judgment; and as they had nothing
to conceal or to be ashamed of, they have made this statement of
facts, confident that you will act in the best interests of the State,
as the Commissioners claim they have done and desire to do.

Such was the statement presented—and it is believed that to
unprejudiced minds it must be conclusive upon the propriety and
necessity of prosecuting the work so thoroughly begun and so
nearly completed by the Commissioners. The joint committee on
fisheries to whom the subject was referred, after an exhaustive in-
vestigation, reported almost unanimously against the petitioners
and in favor of the Commission.

As the matter stands now, the Commissioners are required by
law to make the final maps according to their legal title. But the
appropriations for the necessary expenses of the work are, as has
been already stated, entirely insufficient. And it may well be
asked: Will the State suffer its best plans for protecting its val-
uable oyster industries to be defeated simply to gratify the per-
sonal spite of a clique of selfish men? And further: Will it not
be bad faith to the oyster growers, who bought and paid for their
grounds under the belief that the law would be carried out and
trustworthy maps made of the oyster territory?

The State has achieved an enviable reputation as a pioneer in
the best legislation for the development and protection of oyster

26 SEVENTH REPORT OF THE SHELL FISH COMMISSIONERS

growing. Its system has received the unqualified approval of the
most intelligent experts at home and abroad. With slight modi-
fications its laws and its legal forms have been followed in the
State of New York and in North Carolina; and Commissioners
from Norway and Germany have recognized Connecticut methods
as worthy of study and imitation. Indeed the Commissioners are
frequently called to answer letters addressed to them from differ-
ent States of the Unionand from foreign lands, asking for informa-
tion touching the system and the methods and results of their
work.
SIGNAL STATIONS.

Great care was observed in building the signal station struct-
ures along the shore of the State, and they are all in excellent
condition. They are annually inspected and repaired. The last
spring’s inspection showed that with the exception of painting
there was little or nothing in the way of repairs required. The
signal at Shippan Point was improved in appearance to gratify
the wishes of the owner of the site, who had built a handsome
house in its neighborhood.

DESIGNATIONS.

Since the last report, Nov. 1, 1886, thirty-two applications have
been made, covering an aggregate of 2,372.3, acres of grounds.
Upon these applications and upon previous ones pending at that
date there were twenty-two designations made, covering an ag-
gregate of 1,126,2, acres. Sixteen deeds have been delivered and
paid for covering an aggregate of 969 acres; and netting to the
State Treasury $1,065.90. Thirty-two applications are now pend-
ing for an aggregate of 1,081 acres, each of which will be acted
upon at the earliest practicable moment. The whole number of
acres now under Commissioners’ jurisdiction is as follows:

Total area granted prior to the date of the last report was, - 84,537.8 acres.

Area granted since last report, - - - . - - 969.0 **
Total area granted, - - - - - - = ScasOOs Orn am

Deduct area of grounds surrendered, - - - = - Ges OSs em
Total area now held by owners, = = es = =) 1 785088.3 ee

It is worthy of note that of this acreage not one-fourth part
(about 21 per cent.) is cultivated! The owners may be classified
in respect to their respective holdings about the same as last year.

There is some falling off in the aggregate extent of cultivated
grounds. ‘This is due to two causes especially: One the sur-

OF THE STATE OF CONNECTICUT. 27

render of grounds as hereinbefore stated, which had been entered
in the tax lists as “cultivated grounds;” the other an actual reduc-
tion of areas shelled, owing to a wide spread conviction that
there can be no certainty of a crop without such effective protec-
tion against the starfish as limited areas make possible. Five
acres well watched and protected are worth hundreds of neglected
acres.

The past year, however, has been a prosperous one for the
oyster growers who understand their business. From inquiries
made in all parts of the State where the industry is carried on, it
is believed that more oysters have been gathered from the Con-
necticut grounds the past year than ever before; and they have
found an ever expanding market. They have been shipped in large
quantities westward as far as the Pacific, and eastward to Eng-
land. Wherever they go they are recognized as superior in qual-
ity to all others and the highest prices are paid for them. It is
estimated that 150,000 bushels of oysters are shipped to England
every month, and the greater portion of these shipments is from
Connecticut.

But prices have not ruled so high as many expected. Some
American oysters have been shipped out of season, and reached
the market in a bad condition. This has led the dealers in Liver-
pool to take the following action at a conference of the National
Sea Fisheries Protective Association, held at Fishmongers’ Hall
in February, 1887: “ Resolved, That, in the opinion of this Con-
ference of the Fishing Industry, it is most essential, both in the
interests of the public and oyster planters of this country, that
the importation of American oysters should not be allowed prior
to November the 1st, nor later than June the rst.” It is for the
interest of not only the Liverpool merchant but the American
dealer that this resolution be not disregarded.

This industry has been built up mainly within the last twelve
or fifteen years; and notwithstanding the drawbacks which it has
experienced in the last two or three years, it is gratifying to know
that its annual growth and extension has been steadily increasing;
and never were the prospects so promising as at this time. One
of the best proofs of this statement is the increased number and
tonnage of steamers employed in the business. Last year there
were sixty steamers—this year there are sixty-four! Generally
the new steamers exceed the old ones in tonnage and mechanical
appliances. ‘The names and owners of these steamers, with the
particulars, will be found in the following table:

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30 SEVENTH REPORT OF THE SHELL FISH COMMISSIONERS

TAXES.

The taxes which were due and collectible the current year have
been paid with unusual promptitude. The tax list of 1886-7
amounts to $7,087.55, showing a decrease as compared with the
amounts of the two preceding years. This decrease resulted
from reduced appraisals of grounds which had been devastated by
starfish, to such an extent as to seriously impair their market
value.

The aggregate of unpaid taxes for the years r883-4-5-6, is
about $1,084.72; of which sum $602.22 is onthe last year’s bills
and will be greatly reduced before the end of the year. All
arrears may be now secured to the State bya lien on the lot taxed.

DUMPING,

The law regulating the dumping of waste material in the waters
of the Sound seems to have been carefully observed. Only one
serious violation of the law has been known to the Commissioners,
and this was promptly met by prosecution. The violators of the
law were glad to settle the suit and the example thus made has
had a wholesome effect throughout the State. Whenever it comes
to the knowledge of the Commissioners that any person contem-
plates dumping off the shore, immediate notice is. given to the
Inspector of mud dumping in that vicinity, and he goes on the
vessel and sees that the dumping is done without injury to the
oyster beds. For this duty he is paid by the State. In such
work the past year the Inspectors have been occupied 206 days at
an expense of $515.

A few weeks ago notice was given to the Commissioners that
on Byram River at the west end of the State the law regulating
dumping was constantly violated. The west bank of this river is
in New York State and the east bank is in Connecticut. It was
reported that the agents of a large stove manufactory on the
west bank were in the habit of throwing their waste material con-
sisting mainly of cinders and scoria into the river near to the
Connecticut bank; that the lighter portions of this dump, were
carried by the tide down the river and deposited upon the oyster
beds near its mouth. The proprietors of the factory declared
that they had been accustomed to so dispose of their waste mate-
rial for many years and no harm had ever resulted to the oyster
beds nor had any complaint before been made. As the Commis-

OF THE STATE OF CONNECTICUT. 31

sioners had no means to investigate the subject, they referred
the complainants to the State Board of Health who have a special
appropriation for inquiring into the pollution of streams.

SPAWNING,

There has been an unusal quantity of spawn cast the past
season, and an abundant set secured. For the reasons already
given there has not been so much shelling as in previous years;
but in the restricted areas, with favorable weather, with more
careful watchfulness and with the use of improved appliances for
catching starfish, it is probable that a larger crop than ever will be
grown and matured for market. ‘The starfish, however, do not
make so much trouble and havoc as they did a year or two ago
—though there are enough of them left yet in many places to
create serious apprehension. ‘The oyster growers have had a
great deal of experience with them—and knowing to some extent
their peculiar habits they are better qualified to cope with them
successfully.

A few of the oyster growers continue to scatter more shells
than they can take care of. Consequently a large proportion
must be neglected so that the stars are left to spawn and grow on

them without disturbance. As soon as they are big enough they
will be sure to migrate to the adjacent grounds to eat up the oys-
ters of innocent neighbors.

SABELLA VULGARIS.

This worm which was found two years ago in unusual quanti-
ties on an oyster bed near Stratford, seems to have done no harm
anywhere else. From careful inquiries among the oyster growers
we are led to believe that although it is sometimes found among
the oysters along the shores of the State, and may occasionally
smother some of the younger growths, the percentage of loss
caused by the worm is really inappreciable.

BUOY DISPUTES.
Attention was called to this subject in the last report as follows:
Disputes frequently arise between adjoining owners of grounds,
caused by one owner moving a buoy without the knowledge or
consent of the other. As such an act results in a change of the
division line between them, there is a constant temptation to make
such changes more favorable to the party present than to the party

32 SEVENTH REPORT OF THE SHELL FISH COMMISSIONERS

who is absent. The opportunities for doing this easily and quickly
on the water without being observed are frequent, and it is
believed prompt legislation is required to meet the trouble. It is
therefore recommended that some such law as follows be enacted:

SECTION 1. That, when a buoy is set anywhere on a line of
division between two or more adjoinining owners, or marks the
point of intersection of two or more boundary lines of different
owners, any person claiming such buoy to be out of place shall
not move such buoy without giving at least five days’ notice in
writing to the owner or owners of such adjacent or neighboring
grounds as are affected thereby; which notice shall specify the
official number of the buoy and its claimed position; and it shall
also name the day and the hour when he shall remove such buoy
to its true position. And any person moving such a buoy with-
out such notice shall be deemed guilty of a misdemeanor, and
shall be punished by a fine not exceeding ten dollars, or by
imprisonment in the county jail not exceeding ten days, or by
both.

The formal presentation of this law to the legislature at its last
session was inadvertently omitted, and attention is again called to
it, with the urgent recommendation that the law be passed.
Honest growers approve of the law and earnestly recommend its
adoption.

LAWS.

All the laws affecting the oyster industry, passed at the last
session of the Legislature, will be found in the appendix.

FINANCIAL.

The financial statement for the fiscal year ending with June 30,
1887, is appended. The reader will please note this date of June
30, 1887, as the Commissioners’ Report in all other respects cov-
ers transactions to Oct. 31, 1887.

All of which is respectfully submitted.

ROBERT G. PIKE, Commissioners
Wititiam M. Hupson, of
James A. BILL, Shell Fisheries.

New Haven, Nov. 1, 1887.

OF THE STATE OF CONNECTICUT. 33

NS CSN eres elie ier pak

OF THE FINANCIAL TRANSACTIONS OF THE COMMISSIONERS OF SHELL

FISHERIES FROM JULY 1, 1886, TO JUNE 30, 1887, INCLUSIVE.

RECEIPTS.

Total amounts of Receipts for fiscal year ending June 30, 1887, - $9,003 64
From the following sources, viz.:
For deed delivered, = - = 2 = = = $795 76
For deposit fee on applications, = - - - - - 166 16
For drawing and recording deeds, - - - - 104 30
For private surveys, Engineering Department, - - 103 27
For taxes collected, ! = = 2 : - - 7,834 15
— $9,003 64
DISBURSEMENTS.
Total disbursements for fiscal year, - = = = = = 5,745 27
As follows, viz.:
Salaries, Clerk, Janitor, Stationery, = = = - $1,600 00
Salaries and incidental expenses of Engineering Depart-
ment, - - - - - - - = 3345453
Rent of office, = = £ = . ~ = 249 96
Services Inspector of Mud Dumping, - = = = 440 78
— $5,745 27
Deduct for deposit fee returned for rejected applications, - - 70 00
Net expenses of office, etc., - - - - - - - - $5,675 27
DRAFTS CN TREASURER.
For office expenses, —- = = = : : - $1,600 00
For rent of office, = = = 2 = S Z 250 00
For Engineering Department, - - ‘ - - 3,500 00
For mud dumping, - - =~ - = - - - 600 00
— $5,950 00
Disbursed as follows:
For Engineering Department, = = : = = $3,454.53
For office expenses, - - . - : = - 1,600 00
For rent, - < - = 2 = 2 < - 249 96
For mud dumping, 2 : = = = = = 440 78
Unexpended balance returned to Treasurer, - - = 204 73

— $5,950 00

34 SEVENTH REPORT OF THE SHELL FISH COMMISSIONERS

SUMMARY.
Total receipts of office for fiscal year, - - - - - - $9,003 64
Total disbursements, - - = E : : E : = 5,745 27
Excess of receipts over disbursements, - = - - - Sess) Shy

APPROPRIATIONS.

Total appropriation, —- - - E : : = - - $13,450 00
Disbursed as follows:
Total expenses of office, engineer department, etc., = AS ayilts 27)
Commissioners’ pay and expenses, - - - - - 6,000 00
== $11,745 27
Unexpended balance of appropriation, - - = = = 5 fino? 7/3
As per following items:
For engineer department not drawn, = = - - $1,545 47
For mud dumping not drawn, - - - - - 159 22
For rent not drawn, = - =p PS - = - 04
= $1,704 73

Vouchers for disbursements returned to Comptroller and by
him approved, - : . - - = = = - $5,745 27

FREDERICK BOTSFORD, Céerk.

NEw HAVEN, Conn., June 30, 1887.

OF THE STATE OF CONNECTICUT. 35

ENGINEER’S REPORT.

a+e

To the Commissioners of Shell Fisheries
of the State of Connecticut:

GENTLEMEN:—This report is for the fiscal year ending June
30, 1887. My journal of daily occupation, on file in the safe,
shows that one-half of the working days were occupied in work
relative to the State boundary line, that five-sixths of the other
half were occupied in the routine work incident to the effective
carrying on of the Department, and that the remainder of the
time was lost by illness or unavoidable detentions.

The routine work of your Engineer includes attendance at
your meetings; arranging applications so that they will not con-
flict with existing claims, or pending applications; plotting appli-
cations and new surveys; drawing descriptions for deeds; prepar-
ing the sextant angles to be used in buoying out the grants made
by you; setting the buoys that locate such grants, and other
buoys, when requested; surveys of claims and counter claims;
the care, preservation and keeping of the records, maps and effects
of the department; the putting into proper shape for reference of
the large amount of surveyed detail obtained in past years; the
solution of the problems which arise in making your work a har-
monious whole, rather than a series of disjointed local affairs,
and which render the recovery of reference points and other es-
sential data at any future time a certainty; the accurate answer-
ing of requests for all sorts of information relative to the bound-
aries of not less than 85,000 acres of deeded grounds and natural
beds, extending from the New York State line to the town of
Westbrook, an air line distance of upwards of sixty-five miles, and
presenting an almost unbroken line of farms, the same having an
air line frontage of sixty miles, and often extending in groups off
shore a distance of upwards of four miles, and in one instance to
a distance of eight and one-fourth miles.

36 SEVENTH REPORT OF THE SHELL FISH COMMISSIONERS

SIGNAL REPAIRS.

Twenty-two of the signal structures built by the Commission
received one or more coats of paint during the spring. The
signal known as “Shippan,” was rebuilt, and the old boards re-
placed with clear pine stock, evenly spaced. This was done to
meet the wishes of Mr. Woolsey R. Hopkins, the owner of the
site, who has recently built a handsome residence within a few
hundred feet of the signal.

The old light-house tower at New Haven was thoroughly
whitewashed. Captain Elizur Thompson took the contract for
this work for the sum of twenty dollars. As he was the keeper of
the light for many years, he takes a pardonable pride in its ap-
pearance. The effort was made to have the Light-house Depart-
ment do this work. The response indicated an indisposition to
expend money on abandoned structures. Beyond a doubt this
old tower is one of the best land marks on the entire Connecticut
coast. It should be preserved for all time.

The greater part of the painting and repairing was done by
men living in the immediate vicinity of the structures.

JURISDICTION LINE AND TOWN LINE SURVEYS.

May 2, a survey was made at Clarke’s Point; the object being
to obtain requisite data for monumenting the point of change of
direction of the State jurisdiction line, and to file surveys of the
same.

May 4, the geodetic position of the drill-hole at Darrow’s
Island Point, was determined. It marks the west end of the
State jurisdiction line which extends east to Sachem’s Head.

May 24, the high water line of the southern end of Osbrook
Point was surveyed. June 4, a like survey was made at Stoning-
ton Point. These Points are rock bound. This and other work
hereinafter mentioned was made necessary by the establishment
of the boundary line in Little Narragansett Bay.

At Osbrook Point, the point of change of direction will be re-
ferred to a granite monument of the U. S. Army Engineer Corps,
which stands near the southern extremity of the Point. At
Stonington Point, the center of the tower of the light-house is the
reference point.

June 14, a drill hole was located at South End, by the three-
point method; the object being to have a reference point near
at hand so that the point of change of direction of the State
jurisdiction line may be readily found.

OF THE STATE OF CONNECTICUT. ay

Surveys are yet needed at four of the points of change of
direction of the State jurisdiction lines. It is very desirable that
these surveys be made. Also that the notes, computations, dia-
grams, and instructions for finding the true point of change of
direction of these lines, should be collated and revised, and
copied in ink, into a proper reference book.

May 5, the initial point of the meridian section of the boundary
line between Fairfield and Westport was determined. The
theodolite was set up in the middle of and in line with the truss
rods of the King post truss bridge spanning Sasco Creek, on the
shore road leading to Green’s Farms. Angles were observed for
three point problem determinations, and a detailed survey of the
bridge was made.

May 6, the initial point of the meridian section of the town line
between Darien and Stamford was determined. The point is said
to be at the west end of Grassy Point Rocks. The town line is
shown on the map showing the boundaries of the natural oyster
beds in the town of Darien as determined by a committee in 1882.
At the initial point of the meridian section, on this map, appear
the words, “iron pin.” Mr. Thaddeus Bell of the committee
hunted in vain for the iron pin, but found a mark made bya cold
chisel on the boulder that was most likely to have been selected.
He stated that he believed this to be the place intended for the
iron pin. The search was made at low water. The rock was
covered with a thick mass of very slippery grass, a strong east
wind was blowing, it was bitter cold, and altogether there was
much difficulty in making the necessary observations with the
theodolite. But the theodolite was set up over the mark, and by
using extreme caution the observing was effected.

May 12 and 13, a drill hole at Lighthouse Point Rocks, New
Haven, was located. This drill hole is the northwest corner of
lot three of the one acre lot layout. As there was time to touch
on the post which indicates the dividing line New Haven Annex
and East Haven, proper angles were observed and measurements
made. This red cedar post was first located on February 22,
1882. It was blowing a gale on that day, so that I was glad of
an opportunity to check the location. I would say that had mat-
ters arisen which made it necessary to map this line beyond a
peradventure I would not have used the survey made in 1882.
The notes have the words ‘blowing a gale,” written across their
face.

38 SEVENTH REPORT OF THE SHELL FISH COMMISSIONERS

June 25, surveys were made relative to the initial point of the
meridian section of the town line between Westport and Nor-
walk. Mr. Eli Bradley pointed out quite a number of re-
puted landmarks each of which probably have significant bearing
on questions of law which are likely to arise regarding certain
grants of oyster grounds made by the towns. The definition given
of this point, as published in your report for the year 1881, is: “A
point marked by a bound stone on Sprite Island, which point is
due south of the head of Duck Pond.” This conforms to the
statement made to you on July 19, 1881, by Mr. George S.
Adams, Selectman of the town of Westport. By the Act creating
the town of Westport, passed May, 1835, and found in the private
laws of Connecticut, Vol. II., Edition of 1837, page 1195, the
southern portion of the Western boundary is as follows: “ Thence
“southerly to the centre of the highway leading around Duck Pond,
“so called, and following the centre of said highway, until it
“passes the head of said pond; and thence in a due south course
“to Long Island Sound.” I ask your attention to what construc-
tion shall be given to the term “due south,’ as applied to the
town boundary lines.

Magnetic bearings are variable and uncertain. The notes,
computations and maps relating to all the town lines should be
collated, revised and copied in ink, into a proper reference book.
It would also be well to enter in this book the exact latitude of
the line between Connecticut and New York, at intervals say of
five minutes of longitude. This state line from off Greenwich,
runs in a straight line (the arc of a great circle) northeasterly toa
point four statute miles true south of the New London light-
house. The end points are somewhat over eighty-two miles
apart. The co-ordinates of required points have been computed
on this line, but before the line can be placed in full on your maps,
it will be necessary to compute the location of other points on the
line.

GEOGRAPHICAL POSITIONS.

New stations have been added, from time to time, to the sur-
vey. ‘These are found necessary to meet special cases that have
arisen in reference to the location of lots whose titles were based
on town records.

It is my intention to bring all this material, now on separate
pages, together into a convenient book of reference, to be pub-
lished in your report.

OF THE STATE OF CONNECTICUT. 39

For the reason that many of our triangulation stations are used
by the United States Coast and Geodetic Survey, that office has
undertaken the problem of adjusting their position. The ad-
justed position of twenty-two stations has been received at your
office.

This compilation is of great importance, for it will give the pre-
cise latitude and longitude of upwards of two hundred monu-
ments, signals, church spires, light-houses and prominent objects
in southern Connecticut, situated west of the Connecticut River;
besides the exact distances between the same, also the azimuths
and back azimuths. Local surveyors will be glad to avail them-
selves of the advantages accruing from the publication of this
table.

The criticism has been made that I have resorted to hair-split-
ting exactness in the conduct of your work. I admit that your
work is based on a triangulation scheme which is, to a good de-
gree, standard in quality. It was apparent to me that the oyster
farms here and there, in years to come would be of great value,
and a demand be made for exact determinations of boundaries.
These lines oftentimes are several miles from the shore. ‘The
truth may not be deduced from false premises, hence the effort
to obtain proper base lines.

I quote from my report of 1883: ‘It is probable that the tri-
angulation work is in conception bold enough, and in execution
good enough, to meet tests to which expert hydrographers may
in the future put it, in view of the large property interests in-
volved.”

The office work connected with the production of angles for
buoying out the ground sold by the State has been done with
rapidity and with an intense appreciation of the difficulties of
producing safe results. My success as a fine line draughtsman
will be tested and shown when computed work is adopted in place
of protractor work in determining the location of these farms.

The carping of my short-sighted critics has been largely due
to their lack of appreciation of the problems entrusted to my
care.

I can but regret that the appropriation for the Engineer De-
partment for the coming two years is so small, for I had hoped
to be able to give my whole attention to your affairs and put the
accumulated data of the office into suitable form.

40 SEVENTH REPORT OF THE SHELL FISH COMMISSIONERS

BUOY WORK AND APPLICATIONS.

The particulars under these heads are already set forth at
length in the Commissioners’ Report.

DUMPING GROUNDS OFF NORWALK AND STAMFORD.

In response to a request received from Col. D. C. Houston, of
the U. S. Army Engineer Corps, for the location of dumping
grounds off Norwalk and Stamford, as laid out by you, the fol-
lowing reply was, by your direction, sent as satisfying the loca-
tions:

“ Off Norwalk material should be dumped between the courses
“southwest, and southwest by south from the Norwalk light-house,
“and not nearer than one and three-fourths miles to the same.
‘“ A second location, to enable the tows to go out to the eastward,
“is south of an east and west course taken at a distance of
“three and a half miles south of the south end of Goose Island.
“Off Stamford, material should be dumped one and one-fourth
“miles south of the Stamford lighthouse.” The practice for
dumping on this ground is to steam out till the Great Captain’s
Island light-house bears west and the Stamford light-house bears
north.

WORK UNDONE IN THE ENGINEER DEPARTMENT.

Owing to pressure and variety of work, fogs, rough water and
other causes, often including the failure of owners of land to
have with them a sufficient number of buoys and material, it hap-
pens that quite a number of buoys are yet to be set on ground
sold by the State. In addition to these, the new sales of ground
have to be located. There are also locations which will require
special metfiods of procedure to obtain satisfactory results.

That the occupation tracings sent to the Town Clerk’s office in
June, 1886, show, in proper outline, all the lots embraced in
your tax list, can only be known by comparing the maps and tax
lists.

There are not a few lots which the alleged owners seem to
have abandoned. However, it is probable that legal evidence of
title would be found to exist on making an exhaustive research.

The maps of the office are purposely kept in pencil, pending
the adjustment of lines. After said adjustment the maps should
be inked, and the mass of information contained in the record
books of the surveys placed on them. The proper use of this

OF THE STATE OF CONNECTICUT. 41

material will enable you to produce maps which will in every par-
ticular meet the demands of modern scientific map work.

The wall map at your office is kept, so far as its small scale will
allow, up to date. All available time is spent in necessary addi-
tions to the large scale section maps.

Tracings have been used as expedients to carry along work that
could not be properly finished while in hand.

After making the collations spoken of in this report, and bring-
ing the books of signal descriptions up to date, the written records
of the Department will be in entirely practicable shape. Obstacles,
many and great, have hitherto prevented the placing of these
records in complete map form.

EXPENSE—ENGINEER DEPARTMENT.

JULY 1, 1886, TO JUNE 30, 1887.

Salaries, - - - - = : = = : - - $2,495 55
Pay of men not under salary, - - : E = - - 85 64
Mrs. E. C. Hunt, copying buoy books, - : : - = = g 00
Traveling expenses, party in field, - - - - - - - 75 89
Signals—painting and repairs, . - - - - . - 252 51
Ground rent for signals, = = = = = = 2 = 22 50
Tools and field supplies, - - = : 2 - = = 55 O61
Office rent for department, - - - - - - - - 150 00
Office supplies, = = : 2 = 2 : : = Z 80 18
Return of deposit fee on rejected applications, - - - - 7O 00
Printing, - = = - = : 2 : : - 2 45 00
Traveling expenses of Engineer, - - - - = = - go 24
Postage, - 5 = = = : 2 3 s 2 2 12 67
Express charges, - - = - : 2 : 2 2 7 35
Telegrams, - = = = 2 s : : = é = 2 39
$3,454 53
RECEIPTS—ENGINEER DEPARTMENT.

For buoy setting and office work, - = : = = - = $103 27
Net expense Engineering Department, - - - - - $3,351 26

All of which is respectfully submitted,

James P. BoGart,

Engineer for Shell Fishery Commtssion.

ee to Ee

Laws Relating to Shell-Fisheries.

a

CHAPTER: Ve

AN ACT PROVIDING FOR SUCH CHANGES IN THE LAWS AS ARE MADE NECES-
SARY BY THE CONSTITUTIONAL AMENDMENT RELATING TO BIENNIAL SESSIONS
OF THE GENERAL ASSEMBLY.

Be tt enacted by the Senate and House of Representatives in General Assembly
convened:

SECTION 30. Chapter one hundred and twenty-two of the public acts of
1882 (page 201) is hereby amended so as to read as follows: Three Fish Com-
missioners shall be appointed by the Governor, with the advice and consent of
the Senate, each for three years, and until his successor is appointed and quali-
fied, who shall make complaint to the proper informing officer of all violations
of the laws relating to fisheries, consider the subject of the introduction, pro-
tection and culture of fish in the waters of this State, cobperate with the Fish
Commissioners of other States, and report annually to the Governor; and such
annual reports shall be submitted to the General Assembly at its regular ses-
sions.

Approved, February 24, 1887.

CHAPTER LXV:

AN ACT CONCERNING THE TAKING OF SHELL FISH AND EELS IN SHERWOOD’S
MILL POND.

Be it enacted by the Senate and House of Representatives in General Assembly
convened.

Chapter twenty-one of the public acts of 1884 (page 333) is hereby amended
to read as follows: Any person who shall, between sunset and sunrise, take or
catch any shell fish, or collect any shells from Sherwood’s Mill Pond or the
coves and creeks connected therewith in the town of Westport, between Gal-
lup’s Gap bridge and the dam across the mouth of said pond south of said
bridge, shall be fined not exceeding twenty-five dollars or imprisoned not ex-
ceeding thirty days, or both.

Approved, April 14, 1887.

APPENDIX, 43

CHAPTER CLV.

AN ACT AMENDING AN ACT CONCERNING TAXATION OF PROPERTY OF SOL-
DIERS AND SAILORS.

Be it enacted by the Senate and House of Representatives in General Assembly
convened.

Section one of chapter one hundred and thirty-seven of the public acts of
1886 (page 634) is hereby amended to read as follows: The board of relief for
each town in this State shall exempt from taxation, to the amount of one thou-
sand dollars, the property of every resident of such town who has served in the
army or navy of the United States in time of war and received an honorable dis-
charge therefrom, or so much of the property of the wife of every such person,
not in excess of said amount, as the husband holds a life interest in, and prop-
erty to the same amount of the resident widow or widowed mother of every per-
son having so served and been so discharged, and of pensioned widows and
mothers of soldiers and sailors who served in the army or navy of the United
States. Such exemption shall be made by said board of relief if, upon due
hearing, they find that the person asking for the same come within the provis-
ions of this act; srovdded, that there shall be no exemptions under the provisions
of this act except in the town in which the person entitled to such exemption
resides.

Approved, May 10, 1887.

CHAPTER CXXXIX.
AN ACT CONCERNING SHELL FISHERIES.

Be it enacted by the Senate and House of Representatives in General Assembly
convened.

Any owner of grounds heretofore designated for the cultivation of oysters in
the waters of Long Island Sound within the jurisdiction of the Shell Fish Com-
missioners of the State, may surrender the same by delivery to the State of a
good and sufficient deed of release of the same, duly executed and acknowledged
by such owner; provided, such release is made without charge or expense to the
State and is approved by said Commissioners.

Approved, May 19, 1887.

CHAPTER CXL.
AN ACT CONCERNING SHELL FISHERIES.

Be it enacted by the Senate and House of Representatives in General Assembly
convened.’

All surrenders to the State of oyster grounds found unsuitable for cultivation,
made in pursuance of the provisions of Section six, Chapter one hundred and
sixty, public acts of 1881 (page 102), shall be made within eight years after the
granting of such grounds, if such grounds were granted prior to the first day of
July, 1884, and within five years after the granting of such grounds where the
grant has been made since that date; and no certificate shall be given by the
Shell Fish Commissioners, in pursuance of the provisions of said section, after
the expiration of said eight or five years, as the case may be.

Approved, May Ig, 1887.

44 APPENDIX.

[SPECIAL LAWS No. 309. |
AN ACT MAKING APPROPRIATIONS FOR THE SHELL FISH COMMISSION FOR THE
TWO FISCAL YEARS ENDING JUNE 30, 1889.

Be it enacted by the Senate and House of Representatives in General Assembly
convened:

The following sums are hereby appropriated to be paid out of any money in
the treasury not otherwise appropriated, in full compensation for the objects
hereinafter expressed, for the two fiscal years ending June 30, 1889:

For Shell Fish Commissioners’ pay and expenses, three thousand dollars; for
clerical services, twenty-eight hundred dollars; for office and incidental ex-
penses, one thousand dollars; for Engineer's Department, salary and expenses,
three thousand dollars; for Inspector of Mud Dumping, one thousand dollars.

Approved, May 19, 1887,

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COMMISSIONERS OF SHELL FISHERIES,

ROBERT G. PIKE, = = - - = = = = MIDDLETOWN.
WILLIAM M. Hunpson, : = - = = = = HARTFORD.
JAMEs A. BILL, - - - - - - - - - LyYME.
CLERK.
FREDERICK BOTSFORD, = = = = - = : NEW HAVEN.
ENGINEER.

JAMeEs P. BoGartT, - - - - - - - = NEw HAVEN.

Sb OE CONNECTICUT.

REPORT.

To His Excellency the Governor and the General Assembly of the
State of Connecticut :

The Commissioners of Shell Fisheries respectfully present
their Eighth Annual Report, covering the period beginning with
November 1, 1887, and ending with October 31, 1888.

Section 2316 of the General Statutes of 1888 provides that a
report shall be made by the Commissioners of Shell Fisheries to
the General Assembly dzennzally. ‘These Statutes became the law
of the State January 1, 1888. The last annual report required
by the previous law was made in October, 1887. The propriety,
and indeed the necessity, of making a report at this, time will
clearly appear when it is understood that the work of the Com-
missioners for a year or more preceding the approaching session
of the General Assembly would be unknown to its members; and
as it is desirable that the reports in future shall be brought as
nearly as possible to the time of the beginning of the biennial
sessions, this report, made at this time, will ensure that result.

The work of the Commission has proceeded in its accustomed
channels the past year, and it has not been marked by any un-
usual event. It has been greatly impaired by the reduction of
the appropriation made by the last Assembly; but the Commis-
sioners have nothing to add to what was said upon the subject
in their last report, beyond the fact that another year’s experience
has fully demonstrated the unwisdom of such a reduction.

DESIGNATIONS.

Since October 1, 1887, the date of the last report, 55 appli-
cations for grounds have been received, covering an area of 2,387

6 EIGHTH REPORT OF THE SHELL FISH COMMISSIONERS

acres. Upon these applications, and others made previously, 41
designations have been granted, covering 1,255,1,5, acres; for
which $1,255.16 have been paid into the State Treasury. Thirty-
seven applications are now pending; for 9 of which deeds have
been prepared ready for delivery, which cover 419.6acres. ‘The re-
maining 28 applications will be acted upon as soon as the requisite
information is obtained respecting their location and description.

The whole number of acres now under Commissioners’ juris-

diction is as follows:

Total area granted to October 1, 1887, - = - = 85,506.80 acres.
Total area granted since October 1, 1887, . - - : 1,255.16 o
Total area granted, - - - . - - - S07 O10 Oman
Area of ground surrendered to October 1, 1887, =, (OgE(Sti a5
Area of ground surrendered since October I, 1887, - 2,025.
Deduct, - - - - - - - - 8,594.4 8,594.40 me
Total of ground now held by cultivators, - = - 78, 167558, eS

Surrender papers have been prepared for 1,639 acres more; and
80 acres have been returned to the State under the law passed at
the last session of the Legislature, which provides for surrender,
without expense to the State, of such grounds as were designated
by Town Committees.

It is believed that most of the grounds which have proved un-
suitable for the cultivation of oysters have been surrendered; and
in future the expense which may result to the State under the
operation of this law must be small.

ENGINEERING.

The engineering work has been continued under the direction
of Mr. Bogart, who has occasionally been assisted by Mr. George
H. Spall. His time has been divided between office work and
field work. His work in the office has been to answer inquiries
respecting the boundaries and locations of lots; to examine the
neighborhood of grounds applied for; to prepare mathematical
descriptions thereof to be embodied in the designations; to keep
the office maps and buoy books up with the progress of the work;
to respond to all calls for information touching the maps; and
generally to aid the Commissioners in the examination of disputed
boundaries and other points in reference to the oyster grounds.
His outside work has been to oversee and keep in repair the

OF THE STATE OF CONNECTICUT. 7

various signal structures; to survey grounds for which designa-
tions are sought, and to buoy them out after designation has been
made. He has been unable to give any attention to the mapping,
except in certain cases where a conflict between neighboring
owners made an investigation necessary. During the past year
there have been several cases of this character which have been
solved to the satisfaction of the owners.

The expenses of the engineer department have been much less
than at any previous time, and they have been kept within the
appropriation. They amount to $1,537.59. The several items
making up this sum may be found in the Engineer’s Report here-
to appended. ‘The engineer has not been a salaried officer the
past two years; and only so much of his time as the appropriation
provided for has been devoted to the work of the Commission.

STEAMERS.

The fleet of oyster steamers has been increased the past year
by newly built boats, making the whole number now engaged on
the Connecticut beds 66, with an aggregate carrying capacity of
166,875 bushels. ‘The new steamers are generally far in advance
of the old fleet, both in size and equipments, and they have be-
come essential agents in the successful prosecution of the busi-
ness upon large areas. In the continued increase in the number
and capacity of these steamers we have an unfailing proof of the
progress of the oyster industry in the Sound. The particulars of
the oyster fleet will be seen in the following table:

‘udARPL] MON ‘souled “V “H “QUBT W SOUR Ae coor ‘T2peq enysof €€
‘uaARH MON sIABd) “Hi CeEHIEAN “YIU “H 98.1024) ” o00'r ‘yuus “HD BL zt
“TaAe AL MON “Pleysuey “A MeHITM *SUOS @ PISYSURIT “Wf ” 086 “playsuryy Aprogy rf
‘usARy MON wus ws oueyT (LA pus quis “AS PNM ” 0&6 ‘uvsI0y some” of
“UdABF] MON ‘uosdwoyy, “AO ‘od » doysig *“y *[ % oS6 *BIUIOAT 6z
*PAOFTTAL “pion “1 a *SUOS 7% UIMIOTA “TA WA ” 086 POTTS TN SIA EIENTIEAN 82
‘yzoda8prig SS ‘stma'y *{ Arua » 086 “UIPUOD “S *O le
*pl0jqe1S *IOUITA “AA “AA ‘O° FW uosisyeg ‘uosi9}3eg ¢ 006 ‘OpeALIN gz
“udARH MON *seuloy |, “AY UOSTaN ‘uMOIg "OY "J 7“ 006 “UMOIG “H OBEST Sz
*T “J ‘vodiaqueg ‘sopumoyT “Ty “[ ‘soupmoy ‘HY ss 006 "eIOqIW tz
“yodaspig AseM A od STAIN BUC IeKaE ” eo8 “OAD Y €z
*Y]BM.10 NT ‘1ayoaq] Plar( *19Y99(T PIAVC] PUL UatIEA\ 951094) - 00g raiddryy zz
UaABHT MON ‘40H “A PIOPMO “u0g 7 1K0H{ “MA “OD 3 008 ‘40H “MO Iz
"udAR ET MON "OSINH “MO ‘lequnqd ® as[ny 00g ‘astidiaquy oz
‘yaodaspug _———— ‘simayy *{ Aruay an 00g “UMOIg “J ‘pelg 61
qaodaspig SS "wos 7 As|spiveg “[ “VW ” coe gel eEULIN gt
‘yaodaspug *purlaasg[D “VD SEO qubewe yal ” ood “orUUu yy ft
“ITPMIO N “YUMOMSTY “A WRITTEN “‘yuomsya “AMA Lf of ee OSE “uoOoTe gt
‘UdABHT MON ‘soulvg AoAIv yy ‘0D ® MOY OH pA ooL *POOMYIOT “FL WEITIIAY cr
*yI0R MON *AVI9 A WITTE ‘AVIa A WITT se 00S "A BPV $1
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‘yaodaspug “AQTMEH] T9TP9Y AN “AsTMEH 127994 AA 7 es “2004 199 J zx
‘UdABHT MON ‘u0jyARC “A\ 951094) ‘uojyAeq *A\ 2531095) 53 oob ‘02D It
*YTBMION, ‘OSEO “Y IOWA “OSBo)) qi ead SET a oot "salad or
*yrodasplig = “SHIOTN “A TIPUSIE INL ye gel ‘a]ex) uapjos) | 6
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SUEMAGN Pia eLPN) “UOTH BF 409) ” ost “pag A1eG 9
‘UsABH] MON ‘uoysuIpny] “q “VW ‘lowed 2 uo sUIpNT a SLz *SUdAIIS "VY “H iS
*plojWeyS “Bulwwngd sewoy J, ‘Surumuimng sewoyy, VV “M a oSz “2IPES +
‘UdAR ET MON ‘AAW NM [owen ue, ‘[ ‘= ‘Areay “NAA ‘O979UEIed "CO - 00z “yards €
*yrodas pug ‘yavy *[{ uoiey “Avy qooe in 00% “ATION z
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*ALITYOO'T "NIVLdIVZ "AANMO *ALIDVAVA *MaAWVALS ‘ON

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*yIOK MON ‘aqqeaoipuy “[ *aqeAOIpuy Jej9g ~ oof‘
"yO XK MON ‘WLMIay [eruecy ‘0-2 F JeyeYS “HH 281085) A oog‘z
‘UdARPHT MON “aAMOY ‘CQ Arua ‘0- F MOY “D-H 4 00S ‘z
*H[PMION noIpeulwoFy Tt “S ugol ‘naIpawuMoy J Y MePID, 55 00S ‘z
“UdAB ET MON ‘20q BY IAaT *suoS FW YIIWIS *[ R oof ‘z
*Y[BMION ‘sapumoy] “HY ’S ‘sopuMo'yT "FH 'S “A oo2's
‘UDABFET MON, ‘UIMP[eg “VY WL] “MET “AA PlBYOTY $5 000%
yaodasprug *puR[MOY 251094) “STLIOP “A [[PUSIe PT & oo0'z
“x]PMION “Ana 11990 ‘uunqd °S “4 ee 000°%
“UdAv ET MON *SUTYSO SHINY *‘SOIg 1}eIDURT 5 coos
*Y[BM10 NV ‘2100 "M ‘d ‘2J0D “M I91x9q ms oog'r
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*YPAIO N “yueqing ‘({ “yueqing jared 5 ooS*r
"UDAB ET MIN ‘seUIOYT, “VL, *SBUIOY_.T, SPULOY J, 33 ooS ‘tr
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‘UdDAPHYT MON ‘aqnyS “HV ‘0D ® PMOY “ODO °H A oor
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Io EIGHTH REPORT OF THE SHELL FISH COMMISSIONERS

MAPPING.

But little has been done in the way of mapping beyond the
settlement of disputed lines between adjoining owners. Such
disputes are continually arising, and they can be settled only
after the most painstaking examination of titles and surveys. If
the several town maps had been plotted in the manner contem-
plated by the Commissioners, as in the nearly. completed map of
the New Haven grounds, many, if not all such disputes, would be
avoided and much time and labor saved to the Commissioners.
And until such maps are made, showing the lots laid down in
chronological order, a large portion of the time of the Commis-
sioners must be devoted to the settlement of such disputes. The
three principal causes of these disputes are: First, obscure desig-
nations; second, inaccurate location on the water; and third, the
destruction by natural decay or otherwise of the objects on shore,
whereby the ranges for the lots are lost. Now it is obvious that
the first cause can be met only by a careful scrutiny of the desig-
nation in its chronological relation to the group in which it is
found; the second cause can be met only by laying out upon the
water, by careful surveying and buoying, the designation thus
accurately determined; and the third cause can be met only by
permanent indestructible signal structures, useful alike to the
engineers for their surveys and to the cultivators for their ranges.
The work of the Commissioners had been mainly in these three
directions when the necessary appropriation was withheld. Thus
interrupted, it can be resumed only when the Legislature by
adequate appropriation shall so order.

SHIPMENTS.

The export of Connecticut oysters to foreign markets increases
annually; but it is impossible to obtain any exact information upon
the subject. Most of the stock is shipped through New York
agents. Foreign shipments begin about the middle of March.
The oysters are packed in barrels in the shell, or are sealed in
cans. Culled oysters are in great demand abroad, and are con-
sidered in England superior to all others. Many culled oysters
are also shipped to Sweden and other European places. One
Connecticut firm last year shipped ten thousand barrels of seed
oysters to Liverpool and London for planting on English beds,—
and they expect to ship a larger quantity the coming year. Ger-

OF THE STATE OF CONNECTICUT. II

man cultivators are experimenting with Connecticut seed in
German waters, but the prospects of success do not seem to be
encouraging.

The foreign trade, however, does not compare with the domes-
tic trade. This is continually expanding wherever facilities of
transportation open the way.

The facts gathered incidentally in the discharge of their duties
by the Commissioners, indicate that if the oyster cultivators of
the State could be persuaded to report the extent of their foreign
shipments as well as their domestic trade, the aggregate sum
would prove to beenormous. Accurate statistics of the oyster in-
dustry of Maryland warrant this conclusion.

‘“‘ Nearly 200 square miles of water are devoted to oyster fisheries.
Over 10,000,000 oysters of the legal marketable size—300 to the
bushel—are yearly taken. The average annual value is $5,000,-
ooo, of which amount $2,000,000 represents the earnings of the
55,000 people directly and indirectly engaged in the industry. So
that Maryland gets out of the salt water around its shores an
annual crop equal in value to about 125,000 bales of cotton, for
which there is always a sure market.”’

Notwithstanding all the drawbacks which the Connecticut cul-
tivator has to contend with, there is abundant evidence that the
oyster industry continues to grow, and business is prosperous all
along the Sound.

TAXES.

The continued destruction of oysters by the starfish has so im-
paired the value of many grounds, that the Commissioners have
deemed it their duty to greatly reduce their appraisals; hence, the
aggregate amount of the taxes laid the past year has been much
less than that of any previous year. The list of 1886-7 was
$7,087.75; the list for the current year, 1887-8, is $6,832.54. The
amount collected from taxes for the year ending with June 30,
1888, was $5,843.44.

DUMPING.

The dumping of waste material in the Sound has been under
the supervision of the inspectors appointed by the Commissioners,
and they have been paid for 213 days’ inspection, as against 210
days the previous year. The compensation paid the Inspector is
$2.50 per day. It is believed that the law regulating dumping is
generally respected by the people along the shore of the State, as
no complaints have reached the Commissioners.

12 EIGHTH REPORT OF THE SHELL FISH COMMISSIONERS

During the past year an act of considerable importance was
passed by Congress and approved June 29 1888. It is entitled
“an act to prevent obstructing and injuring deposits within the
harbor and adjacent waters of New York City by dumping or
otherwise, and to punish and prevent such offenses.”’ <A copy of
the law will be found in the Appendix to this Report. It will be
seen that the provisions of the law are applicable to the waters of
Long Island Sound, and consequently to the grouunds set apart
by the Commissioners for dumping. Lieut. J. J. Hunker of the
U.S. Navy has been appointed to see that the law is properly
enforced. Ina public notice recently issued by him, it is.stated
that ‘“ where it is desired to place material in Long Island Sound,
special permits may be granted, when they will not interfere with
the laws of the United States relating to harbor lines, or the
State and municipal, sanitary or other laws.”

From personal interviews and written communications between
Lieut. Hunker and the Commissioners, the belief is entertained
that there will be such coéperation in enforcing the National and
State laws upon the waters of the Sound, that the National law
will prove an additional protection to the oyster grounds of the
State. The Commissioners commend the law to the careful con-
sideration of all who are interested in the subject of dumping
waste material in the Sound.

STARFISH.

That starfish have become a serious check to the profitable cul-
tivation of oysters in the waters of the State, cannot be denied.
Although by diligence and hard labor, small beds are frequently
saved from their attacks, it is nevertheless true that in spite of
every effort, they will often make irruptions upon large beds and
utterly destroy them before the owner becomes aware of their pres-
ence. A fifty-acre bed of not quite one year old oysters, in excellent
condition, at Westport, was thus destroyed in a few days during
the past year; and this is but one instance of many similar losses.
Few cultivators in the State have escaped them. ‘They begin to
spawn about the beginning of July, from two to four weeks be-
fore the oyster, and they continue through August. By Septem-
ber and October the young have grown large enough to show
their destructive propensities. They begin by attacking the
young oysters near them. As the shell of the young oyster is
tender, they readily break through it, and soon eat it out. When

OF THE STATE OF CONNECTICUT. 13

they have cleared the bed around them, they move on to the next
bed—eating ravenously and growing rapidly. Generally they do
not attack oysters much older than one year. Hence, Virginia
plants and Native one-year-olds are rarely harmed. The oyster
cultivators in Narragansett Bay usually plant seed oysters, and so
have not been so much troubled with the starfish. Most of their
beds, too, are in small areas; and some of the cultivators surround
them with a bed of mussels, which they find quite as acceptable
food for the starfish as the oyster, and thus the oyster bed is to
some extent saved. But this is not practicable in the extensive
beds and in the deep waters of the Sound. Some cultivators,
too, declare that the starfish in the Sound will not eat mussels;
hence, the only protection which the Connecticut cultivator seems
to have is in continual, laborious, expensive dredging.

The absence of the starfish from a bed one day gives no assur-
ance that he will not be found there the next day. This is very
likely to occur after a storm,+which seems to drift them in large
numbers from one place to another. ‘The young starfish are so
small that they generally escape the dredge net, and so are diff-
cult to catch. One of the best devices recently brought to the
attention of the cultivators is that invented by Mr. Thomas
Thomas, one of the most successful cultivators in the State.
Although it seems to be a modification of a contrivance invented
by Prof. Verrill some years ago for use in deep sea dredging, it
is understood to have been contrived by Mr. Thomas without any
knowledge of Prof. Verrill’s machine. Mr. Thomas attaches to
a horizontal bar about four feet long, bundles, or tails, of cotton
yarns about 12 or 15 inches long, shaped like horse tails, forming
a broad mop, hung like a dredge and drawn like a dredge over
the oyster bed. ‘The stars, large and small, disturbed as it passes
over the bed, rise up and become entangled in the threads, and
so are brought up in large numbers. Once on deck, the mop is
plunged in hot water and the stars are quickly destroyed. With
this contrivance large areas can be kept comparatively clear. And
it is believed that it will prove of great value to the cultivator.

As no comprehensive investigation of the propagation, life, and
habits of the starfish has heretofore been made, it is gratifying to
know that, through the efficient influence of Senators Hawley
and Platt, an appropriation has been made by Congress to secure
such an investigation. The appropriation is to be expended
under the supervision of the U. S. Commissioner, Marshal

14 EIGHTH REPORT OF THE SHELL FISH COMMISSIONERS

McDonald. With his accustomed energy, he commenced the
work at once by sending the Fish Hawk, Commander J. F. Smith,
to our waters, to make preliminary examination, with a view to a
thorough and comprehensive investigation next year. The Fish
Hawk is well equipped for the work, and is officered by expe-
rienced and capable men. From personal interviews with Com-
mander Smith, the Commissioners have learned the particulars of
his proposed work, and they believe that it will result in such an
accurate and complete knowledge of the starfish as will open the
way to more efficient methods for diminishing if not entirely de-
feating his ravages.

OYSTER THIEVES.

During the past year, oyster cultivators along the western
shores of the State have suffered great losses from oyster pirates.
They seem to be so numerous in the neighborhood of Bridgeport,
Stratford, Norwalk, Westport, and Southport, that the cultivators
have had to combine, at great expense, for mutual protection.
Fair Haven oyster dealers, too, have found it necessary to charter
a schooner to watch their oyster beds off New Haven at night.
Such depredations as have been made by the pirates are very ex-
asperating, and if continued are liable to result in violence and
bloodshed. Four New York boats have been seized during the
year for dredging on Connecticut beds in the waters off Stam-
ford. Under the plea that they had misapprehended the true
position of the boundary line between New York and Connecticut,
three of them were released on payment of damages and costs.
The fourth was held to answer, and now awaits trial. The great
extent of the Connecticut oyster beds, and the long distance of
many of them from the shore, afford tempting opportunities for
thieving. For several years prior. to 1887, the Commissioners
had heard little or no complaint from the cultivators; and it is
believed little or no thieving had occurred in Connecticut waters.
But the extensive depredations of the pirates the past year prove
the necessity of more effectual protection, through private watch-
men, and more rigorous penal laws.

CONNECTICUT AND RHODE ISLAND BOUNDARY.

The work of the Commissioners on the boundary line between
Connecticut and Rhode Island was completed in 1887, and a full
report of the proceedings in the settlement of the questions

OF THE STATE OF CONNECTICUT. [5

involved has been prepared and printed for distribution to the
members of the Legislature at its session of 1889. The agree-
ment has been confirmed by both States interested; and a law for
its ratification, prepared and presented by Senator Platt, has been
passed by Congress and approved by the President. A copy of this
law will be found in the Appendix to this Report.

SPAWNING.

With few exceptions, spawning the past season was two weeks
later than usual, and the set was very light. The causes are
obscure and the opinions of cultivators diverse. Cold weather
and excessive rains, affecting the condition of the water, doubt-
less tended to the unfavorable result. A larger area of shells
was covered by the cultivators than ever before; and the light set
must result in great losses to those interested; for they not only
fail of the expected crop, but they must incur the expense of
dredging up the shells for cleansing and redistribution; or they
must, by repeated stirring with a dredge on the eve of the spawn-
ing season, so cleanse them that the spat will adhere to them.

GENERAL REMARKS.

The remarkable success of the system established by the State
for promoting this great industry has attracted the attention of
other States. The Commissioners have supplied some of these
States with details of the various branches of the work, the par-
ticular methods observed, the forms used, and the various record
books of the commission, and they have been generally adopted,
with slight variations. In addition to the States heretofore
named, the State of Rhode Island may now be mentioned. The
system which has been followed in that State has not worked sat-
isfactorily. ‘The land has been leased to the cultivators by the
State in small tracts, for the term of ten years, at an annual
rental of ten dollars per acre, with the privilege of five-year
renewals under certain conditions. ‘There was always more or
less uncertainty in securing a renewal, and this naturally discour-
aged attempts at cultivation during the last years of the lease.
The result has been that the supply of oysters has fallen in the
last few years from 400,000 to 40,000 bushels per year. For this
and other reasons, a movement has been made in the Legislature
of that State, with a view to establish a new system, akin to that
of Connecticut. Messrs. C. Sydney Smith and J. B. Mason, of

16 EIGHTH REPORT OF THE SHELL FISH COMMISSIONERS

Providence, and A. B. Capron, of Stillwater, were appointed a
committee to investigate the subject and report to the Legislature
the results of their investigation. They came to New Haven,
and the Commissioners gave them all the information in their
power, throwing open maps and records for their examination,
and supplying them with forms used in the work of the Commis-
sion. We also accompanied them down the harbor, that they
might see the oyster grounds as laid out, and the methods em-
ployed in surveying and buoying them. The gentlemen of the
committee were well qualified for their duties, and they returned
home not only with a complete understanding of the Connecticut
system, but with a decided and openly expressed conviction of its
great merits. Acknowledgments are due to Smith Bros. for their
great courtesy in affording the gratuitous use of their steamer for
the visit to the harbor.

FINANCIAL,

The financial statement for the fiscal year ending with June 30,
1888, is appended. In all other respects the Report is brought
down to October 31, 1888.

All of which is respectfully submitted.

ROBERT G. PIKE, | Commissioners
W. M. Elupson; of
James A. BIL, Shell Fisheries.

New Haven, Nov. 1, 1888.

OF THE STATE OF CONNECTICUT. 17

Pe 2A hes AVE Vee INE

OF THE FINANCIAL TRANSACTIONS OF THE COMMISSIONERS OF SHELL

FISHERIES FROM JULY I, 1887, TO JUNE 30, 1888, INCLUSIVE.

RECEIPTS.
Total Receipts for fiscal year ending June 30, 1888, - : = $7,584.98
From the following sources, viz.:
For deeds delivered, - = - = = - = $1,226 54
For deposit fee on applications, - - - - - 261 35
For drawing and recording deeds, etc., —- - - 183 65
For private surveys, Engineering Department, - - 70 00
For taxes collected, - - - - - - - 5,843 44
——= = Siseanee
DISBURSEMENTS.
Total amount of disbursements for the fiscal year for office, as
follows, - 2 = = = = = = = = $3503 78 7
For pay of Engineer and incidental expenses of
Engineer Department, - = - = = $1,573 59
For salary of Clerk, - = = = - = = 1,400 00
For rent, office supplies, etc., - . - - - 431 08
For pay of inspectors of mud dumping, - - . 532 50
7a — $3,937 17
APPROPRIATIONS,
Total appropriations for two years ending June 30, 1889, - - $10,800 00
As follows:
For Commissioners, - = : = = = - $3,000 00
For Engineer Department, - - - - - 3,000 00
For Clerk, - = = = = = = ; 2,800 00
For office, rent and supplies, - : = is = 1,000 00
For inspectors of mud dumping, - - = - 1,000 00
— — 10,800 00
Disbursements for fiscal year ending June 30, 1888,
as follows:
For Commissioners, - E - E - : = $1,556 63
For Engineer Department, = = = = = E5730 59
For Clerk, = = = : = = = = 1,400 00
For office rent, supplies, etc., - = = = = 431 08
For inspectors of mud dumping, = : - - 532 50
ae — $5,493 80

Available funds for ensuing year, = - = - - - $5,306 20

18 EIGHTH REPORT OF THE SHELL FISH COMMISSIONERS

Divided as follows:

For Commissioners, - 2 = = : = = $1,443 37
For Engineer Department, - - - - - 1,426 41
For Clerk, - = 5 : - - = = I,400 00
For office rent, supplies, etc., - - - - - 568 92
For inspectors of mud dumping, - - - - 467 50
— — $5,306 20

SUMMARY.

Total income of office for fiscal year ending June 30, 1888, - - $7,584 98
Total disbursements:
For pay of Commissioners, = - = = = $1,556 63
For Engineer Department, office rent, supplies, etc., - SHO Ly!
= — $5,493 80
Excess of receipts over disbursements, - - - - - $2,091 18

Vouchers for disbursements returned to Comptroller and by him approved.

FREDERICK BOTSFORD, Clerk.

New HAvEN, June 30, 1888.

OF THE STATE OF CONNECTICUT. 19

ENGINEER'S REPOR’

——0+¢e-—__

To the Commissioners of Shell Fisheries
of the State of Connecticut:

GENTLEMEN:—The record of the Engineer Department for
the sixteen months ending November 1 shows that the money
available for its use has been expended in keeping the Depart-
ment in effective working condition and in meeting the demands
incident to the general business of the office.

From the outset the work has been handled with a proper ap-
preciation of its importance, and in such manner as to make safe
for future reference the facts gathered. ‘To secure a complete
and uniform record of all surveys, suitably ruled and printed
blanks and books were obtained. But much information was
obtained by correspondence with departments of the Federal
Government and with individuals, and so it happens that revision
and collation of the gathered data are necessary in order to make
matters more convenient for general reference. The buoy
records, to date, have been copied in ink, compared, and indexed.
Each buoy, or buoy position, when surveyed or set, is given a
number, which is retained for all future surveys of such position.
The index of the buoy records is by numbers, and is so arranged
that a glance at any buoy number in the index shows how many
times the point has been visited, also the volumes and pages
where the details of what occurred may be found. ‘These buoy
records fill 3,125 double pages.

The compilation, by towns, of the sextant angles requisite to
set any lot corner off each town is of great value. The books
are self-indexing. Duplicate tracings of the lots have been pre-
pared to be used with these books. At present the books relate
mainly to ground sold by the Commission, but they should also
cover all lots designated by town committees prior to 1881.

20 EIGHTH REPORT OF THE SHELL FISH COMMISSIONERS

As many of the lot corners are located by sextant angles de-
rived from the maps in the office, it is evident that these ‘“buoy-
angle books,’’ as they are termed, contain much data not to be
found in the general buoy notes. The general buoy records show
the work actually done. The buoy-angle books show the work
that is subject to demand off each town. The reduced sound-
ings should be entered in the buoy-angle books for all corners
that have been surveyed or set. This would save time in buoy
setting, as the buoy rope could be cut the right length and the
buoy dropped at the required point without delay. The copy of
the buoy-angle books is not complete and has not been compared.

The records descriptive of the signal structures built by the
Commission, and of the church spires, cupolas, towers, and other
objects in use for sextant work, have been collated and bound in
two indexed volumes.

The records of the geographical positions and data of the
positions triangulated by the Commission should be compiled and
published, as they are the product of great labor and much ex-
pense and are the foundation facts of the final mapping.

A revision, collation, and ink copy should be made of the sur-
vey notes and other data incident to locating, at or near the shore
line, the initial points of the meridian divisional lines on the
water between the several towns, and also incident to locating the
points of change of direction in the ‘Commissioners’ line,” which
marks the division of grounds between town and State jurisdiction.

THE MAPS.

A careful comparison of the maps and tax lists shows that there
are now a considerable number of town grants, which the
owners value enough to pay taxes on, that have not been located
on the maps. A revision was made last spring, so that these lots
might be surveyed in connection with buoy work that might be
called for in their vicinity. J regret to say that the matter was
not brought about.

The placing on maps, in proper relative position, of many of
the lots is impossible, unless surveys of the ground claimed are
first made on the water. But lots whose records are explicit and
based on data which is consistent with known physical facts, have
from the start been mapped by their record title. Many of the
owners have held, from the time of the layout of their grounds,
by mutual agreements as to ranges, ground which is not theirs

OF THE STATE OF CONNECTICUT. 21

by record. Much has been done towards a legal adjustment of
such lines. ‘The ranges for these old claims were thought to be
enduring, but many causes contribute to their destruction. In
such cases, when requested, we can reset the buoys exactly as we
surveyed them. But after the ranges are lost the owners usually
prefer what is found to be the best construction of their recorded
titles.

The Commission maps are all constructed in accordance with
the methods adopted by the United States Coast and Geodetic
Survey. -Each map is an accurate development, on a specified
scale, of a section of the earth’s surface. ‘This is effected by con-
structing, on the paper, a projection (polyconic system) of the
minutes of latitude and longitude, the values for which are ob-
tained from the Coast Survey projection tables. The triangula-
tion stations are then plotted according to their geographical
positions, which are expressed in degrees, minutes, and seconds
of latitude and longitude, even to the nearest hundreth of a
second. Thus the coérdinate position of each triangulation station
is plotted, and the accurate relative position of stations miles
apart is secured. The map is now ready to receive the shore
_line, the plotting of surveys, or the layout of lots that can be
located, on the water, with precision. ‘The maps and the buoy
numbers which designate their corners are yet mainly in pencil.
These numbers should be neatly inked on the maps. Skill and
great care are needed for this work, to secure neatness and cer-
tainty. The plotting of the notes of buoy surveys has been done
at odd times and as the pressure of other work would admit.
It is necessary that a systematic revision of the maps and buoy
notes should be made to make sure that there are no omissions in
plotting and also that each buoy number is properly inked.

The reduced sounding and character of the bottom should be
transferred from the buoy notes to the tracings which are in com-
mon use at the office. The tracings at the several Town Clerks’
offices should be recalled each year and corrected to date.

BUOY WORK.

The number of buoys set from July 1, 1887, to November 1,
1888, is 78; buoys surveyed, 26. ‘Total positions determined, 104.

APPLICATIONS.

From November 1, 1887, to November 1, 1888, 55 applications,
having an aggregate area of 2,387.7 acres, have been received.

22, EIGHTH REPORT OF THE SHELL FISH COMMISSIONERS

Since June 1, 1881, there have been, in all, 750 applications, having
an aggregate area of 99,717.8 acres. Seven hundred and thirteen
applications have received final action. Of the remaining 37 ap-
plications the deeds for 9 have been tendered to the applicants,
and await payment. The aggregate area of the same is 419.6
acres. The 28 applications now pending are waiting for hear-
ings or for deeds delayed for surveys, required for accurate de-
scriptions, or for the legal adjustment of the property lines of
the adjoining owners. Mathematical descriptions for 61 deeds
have been drawn during the year.

SIGNALS.

During June, 1887, the signals were placed in first class order,
so that it has not been necessary to expend much money on them to
date. But by another year many of them will need painting and
renailing. Such work is now done by boatmen who live near the
signals. I visit these structures as often as I can, without mak-
ing direct expense for so doing. But one signal was destroyed
by the great March blizzard of 1888. It was located on the
meadows near the mouth of the Saugatuck River. The bolt
which held the tripod head together was three-quarters of an inch
in diameter; but the storm forced the head off from the bolt, and
the signal fell. It was rebuilt as soon as the ice was out of the
river.

During the blizzard the prominent single poplar tree, which
stood on Plant’s Hill, town of Branford, was blown down. This
tree was used as a signal for sextant work, and also for many
ranges. ‘The Smith Brothers have erected a pole with a box on
top at the stump of the tree. <A large pole with a good sized cage
on top of it is desirable at this point.

STATE BOUNDARY LINES.

The work on the boundary line between Rhode Island and
Connecticut has been completed, my last work in connection
with it being on October 28, 1887; at which time a granite post
ten feet in length and one foot square above ground was set near
Watch Hill. The line dividing Little Narragansett Bay passes
through this post and Rhodes Folly Beacon. The Western end
of the line is the spindle on the beacon. The Eastern end of
the line is the point which is 747 feet from the center of the post,
measured directly towards the beacon.

OF THE STATE OF CONNECTICUT. 23

The matter of the location on the water of the line between
New York and Connecticut has come up in several ways. Mr.
W. G. Ford, Jr., Engineer for the New York Fish Commission,
has corresponded with me respecting the preparation of data
needed to locate this line. The Bureau of Navigation, Washing-
ton, D. C., has requested data to enable it to place the line on
their charts, and said data have been furnished. Bya recent act
of Congress, the Supervisor of the port of New York may exercise
certain functions within Connecticut waters. At his request he
has been furnished with a map showing the State line on the
Sound and also the outlines of designated oyster grounds. Off
Stamford you have sold ground which has the New York and
Connecticut State line for its Southern boundary line. This made
it necessary for me to compute the distance, measured on a true
meridian line, from the Stamford lighthouse to the said line.

It is desirable that the exact latitude of additional points be
computed on this line, and that the proper sextant angles for
setting said computed latitudes should also be computed.

The popular idea of this line is that it is midway of the Sound.
As a matter of fact it divides the waters of the Sound off Connec-
ticut fairly into halves; but off the towns of Stamford, Darien and
Norwalk, it will be seen that Lloyd’s Neck and Eaton’s Neck, on
the Long Island shore, project far into the Sound, so that the true
location of the line on the water appears to be much too near the
Long Island:shore. It is desirable that buoys be set off the
above named towns on the State line. Four New York oyster
boats have been seized for alleged dredging in Connecticut waters,
off Stamford.

MUD DUMPING GROUNDS.

No new places have been designated for the deposit of dredged
material. The officers of the Engineer Corps of the United States
Army in charge of river and harbor improvements have extended
their customary courtesies, and correspondence has passed relative
to the continuation of the places heretofore established for the
dumping of dredged material.

EXPENSE—ENGINEER DEPARTMENT.
July 1, 1887, to June 30, 1888.

Pay of Engineer, = = = 2 = = = = = $1,390 50
Pay and expenses of extra men, - - - - - - - 80 13
Signals—painting and repairs, - - - - - - - 24 92

24 EIGHTH REPORT OF THE SHELL FISH COMMISSIONERS.

Ground rent for signals, —- = 2 2 = = = : $24 50
Tools and field supplies, — - = = 2: = = es 10 92
Office supplies, - - : : Z : 2 : 7 : I 00
Traveling expenses of Engineer, = = = = 3 Es 3I 75
Postage, - - : = Z E 2 2 L 2 2 8 Bs
Telegrams, - = = = é 5 2 : 2 = I 02

Total expense, - = = - - - - = = $1,573 59

Fifteen hundred dollars a year, coupled with my knowledge
and experience, enables me to give attention enough to the routine
work of the Engineer Department to prevent it from getting
mixed up. But it provides too small a margin for the emergen-
cies to which all large surveys are subject, and for the placing of
the large amount of gathered map material in graphic map form,
and for the revision and collation of important data, the fruit of
the efforts of the past seven years. As it is certain that no money
will be expended except for useful and necessary work, it is de-
sirable that the appropriation be somewhat increased for the two
years preceding June 30, 189g.

All of which is respectfully submitted,

JAMES P. BOGART,

Engineer for Shell Fishery Commisston.

APPENDIX. 25

tee Ne

AN ACT TO PREVENT OBSTRUCTIVE AND INJURIOUS DEPOSITS WITHIN THE HAR-
BOR AND ADJACENT WATERS OF NEW YORK CITY, BY DUMPING OR OTHER-
WISE, AND TO PUNISH AND PREVENT SUCH OFFENSES.

Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled, That the placing, discharging, or depositing,
by any process or in any manner, of refuse, dirt, ashes, cinders, mud, sand,
dredgings, sludge, acid, or any other matter of any kind, other than that flowing
from streets, sewers, and passing therefrom in a liquid state, in the tidal waters
of the harbor of New York, or its adjacent or tributary waters, or in those of
Long Island Sound, within the limits which shall be prescribed by the supervisor
of the harbor, is hereby strictly forbidden, and every such act is made a misde-
meanor, and every person engaged in or who shall aid, abet, authorize, or insti-
gate a violation of this section, shall, upon conviction, be punishable by fine or
imprisonment, or both, such fine to be not less than two hundred and fifty dollars
nor more than two thousand five hundred dollars, and the imprisonment to be
not less than thirty days nor more than one year, either or both united, as the
judge before whom conviction is obtained shall decide, one half of said fine to be
paid to the person or persons giving information which shall lead to conviction
of this misdemeanor.

Sec. 2. That any and every master and engineer, or person or persons acting
in such capacity, respectively, on board of any boat or vessel, who shall know-
ingly engage in towing any scow, boat, or vessel loaded with any such prohibited
matter to any point or place of deposit, or discharge in the waters of the harbor
of New York, or in its adjacent, or tributary waters, or in those of Long Island
Sound, or to any point or place elsewhere than within the limits defined and per-
mitted by the supervisor of the harbor hereinafter mentioned, shall be deemed
guilty of a violation of this act, and shall, upon conviction, be punishable as
hereinbefore provided for offenses in violation of Section one of this act,and shall
also have his license revoked or suspended for a term to be fixed by the judge
before whom tried and convicted.

Sec. 3. That in all cases of receiving on board of any scows or boats such
forbidden matter or substance as herein described, it shall be the duty of the
owner or master, or person acting in such capacity, on board of such scows or
boats, before proceeding to take or tow the same to the place of deposit, to apply
for and obtain from the supervisor of the harbor appointed hereunder a permit
defining the precise limits within which the discharge of such scows or boats may
be made; and any deviation from such dumping or discharging place. specified in
such permit shall be a misdemeanor within the meaning of this act; and the
master and engineer, or person or persons acting in such capacity, on board of

26 APPENDIX.

any tow-boat towing such scows or boats, shall be equally guilty of such offense
with the master or person acting in the capacity of master of the scow, and be
liable to equal punishment.

Sec. 4. That all mud, dirt, sand, dredgings, and material of every kind and
description whatever taken, dredged, or excavated from any slip, basin, or shoal
in the harbor of New York, or the waters adjacent or tributary thereto, and
placed on any boat, scow, or vessel for the purpose of being taken or towed
upon the waters of the harbor of New York to a place of deposit, shall be de-
posited and discharged at such place or within such limits as shall be defined and
specified by the supervisor of the harbor, as in the third section of this act pre-
scribed, and not otherwise. Every person, firm, or corporation being the owner
of any slip, basin, or shoal, from which such mud, dirt, sand, dredgings, and
material shall be taken, dredged, or excavated, and every person, firm, or cor-
poration in any manner engaged in the work of dredging or excavating any such
slip, basin, or shoal, or of removing such mud, dirt, sand, or dredgings there-
from, shall severally be responsible for the deposit and discharge of all such mud,
dirt, sand, or dredgings at such place or within such limits so defined and pre-
scribed by said supervisor of the harbor; and for every violation of the provisions
of this section the person offending shall be guilty of an offense against this act,
and shall be punished by a fine equal to the sum of five dollars for every cubic
yard of mud, dirt, sand, dredgings, or material not deposited or discharged as
required by this section. Any boat or vessel used or employed in violating any
provision of this act, shall be liable to the pecuniary penalties imposed thereby,
and may be proceeded against, summarily by way of libel in any district court of
the United States, having jurisdiction thereof.

Sec. 5. That a line officer of the Navy shall be designated by the President
of the United States as supervisor of the harbor, to act under the direction of the
Secretary of War in enforcing the provisions of this act, and in detecting offen-
ders against the same. This officer shall receive the sea-pay of his grade, and
shall have personal charge and supervision under the Secretary of War, and shall
direct the patrol boats and other means to detect and bring to punishment offen-
ders against the provisions of this act.

Sec. 6. That the sum of thirty thousand dollars, or so much thereof as may
be necessary, is hereby appropriated to carry out the provisions of this act; and
the Secretary of the Treasury is hereby authorized to pay that sum from moneys
in the Treasury not otherwise appropriated.

Approved, June 29, 1888.

A BILL CONCERNING THE SETTLEMENT OF THE BOUNDARY-LINES BETWEEN CON-

NECTICUT AND RHODE ISLAND.

Whereas Robert G. Pike, William M. Hudson, James A. Bill, and Charles B.
Andrews, commissioners of the State of Connecticut, and J. Herbert Shedd,
Albert L. Chester, and Daniel F. Larkin, commissioners of the State of Rhode
Island, duly appointed by their respective States to ascertain and agree upon
the boundary-line in the waters of the sea between Connecticut and Rhode
Island, and designate the same by suitable monuments, did meet, attend to
the duties of their appointment, and agree upon said boundary-line in the

APPENDIX. a

waters of the sea between said States, and did designate the same by suitable
monuments, all of which fully appears in an agreement executed by said com-
missioners, dated the twenty-fifth day of March, in the year of our Lord one
thousand eight hundred and eighty-seven, reported by said commissioners re-
spectively to the General Assembly of each of said States, and recorded in the
office of the Secretary of each State; and

Whereas the agreement made by said commissioners, establishing said boundary-
line, has been ratified and confirmed by said States, to wit, by the State of
Connecticut in a resolution of its General Assembly, approved May fourth,
eighteen hundred and eighty-seven, and by the State of Rhode Island by a
resolution of its General Assembly passed May fifth, eighteen hundred and
eighty-seven; therefore, :

Beit enacted by the Senate and House of Representatives of the United States
of America in Congress assembled, Vhat the consent of the Congress of the
United States be, and hereby is, given to said agreement, and to each and every
part thereof, and the boundaries established by said agreement are hereby ap-
proved: Provided, however, That nothing herein contained shall be considered
to impair, or in any manner to affect any right of the United States or jurisdic-
tion of its courts, in and over the waters which form the subject of said agree-
ment.

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SHELL-FISH COMMISSIONERS,

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PORT,

To the Governor and General Assembly of the State of Con-
necticut :

The Shell-fish Commissioners respectfully present a report
covering the period commencing November 1, 1888, and ending
October 31, 1890.

The financial statement embraces the two fiscal years ending
June 30, 1890.

Your Commissioners find themselves in a peculiar position.
Under the law, on the first day of July, 1889, the powers and
duties vested in the fisk commissioners, as a board of commis-
sioners of shell-fisheries, were vested in three shell-fish com-
missioners, to be appointed by the Governor and confirmed by
the Senate.

Section 4 of the law constituting the commission provides
that, “all the powers and duties now vested by law in the board
of commissioners of shell fisheries, except the assessment of
oyster-grounds for taxation, shall be hereafter performed by
said shell-fish commissioners.”

Your Commissioners therefore feel it incumbent upon them
not only to make a report for the year during which they have
held office, but also to include such statistics of the year pre-
vious, as may be necessary for a proper understanding of the
operations relating to shell-fish.

There are some very material changes in the working force
of the board under the new law. One of the most important
is that the assessment of oyster-grounds is no longer made by
the commissioners, but by a clerk, appointed by the governor,
and confirmed by the senate. The commissioners are required
by section 5, to act as a board of relief. Section 7, assumes that
the commissioners have little or no need of the services of an

4 REPORT OF THE SHELL-FISH COMMISSIONERS

engineer, as it provides that they shall not pay for engineering
expenses more than two hundred dollars in any one year.

The changes will be more particularly noticed in the contin-
uation of this report.

During the year ending June 30, 1889, which was the last
year of the old commission, thirty applications for oyster-grounds,
embracing twelve hundred and seventy-nine and five-tenths
(1279.5) acres, were made to the Commissioners, and upon
these and those made previously, twenty-nine (29) deeds were
granted covering fourteen hundred and sixty and three-tenths
(1460.3) acres, and the money received for them, was sent to
the Treasurer of the State.

The total receipts at the office for the year ending June 380,
1889, were $8,578.41, and the total disbursements of the com-
mission, including the pay and expenses of the Commissioners,
were $5,153.13, leaving a net surplus of receipts over disburse-
ments of #3,425.28, to increase the revenues of the State.
Details of the receipts and disbursements may be found in the
financial statement which appears on another page.

The last year of the old commission was one of marked
depression among the oyster-growers, owing to the failure of
the “set” and the ravages of the starfish. The cold summers
of 1888 and 1889 seem to have affected the breeding oysters
to such an extent as almost entirely to prevent the usual crop
of young fry, or at least to interfere with their successful
growth. The oyster-growers found themselves obliged to use
their best efforts to protect their existing crops, and could see no
immediate prospect of replacing them when gathered. There
were fortunate exceptions to the general rule, as for instance
in the summer of 1888, off Orange, it was found that there was
a fine crop of young oysters, and as it was upon undesignated
ground, seventy or eighty boats found profitable work for many
days in gathering and selling the oysters to owners of designa-
tions in the vicinity.

There seems to be one compensation for a limited “set” of
oysters, in the fact that their natural enemy, the starfish, not
finding sufficient food, disappears from the locality, and leaves
a chance for a hope that he will never return. The starfish

OF THE STATE OF CONNECTICUT. 5

among oysters is like weeds in a garden. Persistent and intelli-
gent efforts will do much to eradicate the nuisance in either
case.

As the Commissioners of Shell-fisheries were to ter-
minate their official career on the 30th of June, 1889, their last
year was devoted to attention to the routine duties of the office,
and frequent consultations with the engineer and clerk, with a
view to leaving all departments of the office in the best possible
condition for their successors.

Hon. Robert G. Pike of Middletown, who had been a mem-
ber of the Commission from its inception, resigned his position
in January, 1889. To him the office is indebted for the many
legal blanks of all kinds required in the transaction of its bus-
iness, and he wrote the decisions of the board in the difficult
cases of arbitration which have been submitted to it.

Hon. James A. Bill remained with the Commission to the
end, and is at present Chairman of the Fish Commission of the
State.

6 REPORT OF THE SHELL-FISH COMMISSIONERS

FINANCIAL STATEMENT

OF THE COMMISSIONERS OF SHELL-FISHERIES. FOR THE YEAR ENDING

JUNE 30, 1889.

RECEIPTS.
Total receipts for the year ending June 30, 1889, -
From the following sources, viz. :

For deeds delivered, - - - - $1,450.49
For deposit fees on applications, - ; 144.85
For drawing and recording deeds, —- - 195.80

For taxes collected, - - : - 6,787.27

Amount sent to State Treasurer,

DISBURSEMENTS.
Total disbursements for the year ending June 30, 1889,
For pay of engineer and expenses of his

$8,578.41

$8578.41

$5,153.13

$5,153.13

department, : - - - $1,426.41
For salary of Clerk, - - : - 1,400.00
For office rent, and supplies, - - - 442.50
For inspectors of mud dumping, - . 465.85
For pay and expenses of Commissioners, - ee icy ai/

SUMMARY.

Total receipts of the year, - - Ste sts testes!
Total disbursements for the year, - =» py losdats

Excess of receipts over disbursements,

$3,425.28

SUMMARY FOR THE TWO YEARS ENDING JUNE 30, 1889.

APPROPRIATIONS.
For Commissioners, - - - - $3,000.00
For Engineer’s department, - - - 8,000.00
For Clerk, - - - - - 2,800.00
For office rent, and supplies, - . - 1,000.00
For inspectors of mud dumping, - - 1,000.00

$10,800.00

®

OF THE STATE OF CONNECTICUT.

DISBURSEMENTS.

Commissioners, $1,556.63 $1,418.37 = $2,975.00
Engineer’s depart., 1,573.59 1,426.41 = 3,000.00
Clerk, 1,400.00 1,400.00 = 2,800.00
Office rent, etc., 431.08 442.50 = 873.58
Mud dumping, 532.50 465.85 = 998.35

$10,646.93
Check sent to Treasurer, - - - 128.07
Amount undrawn by Commissioners, - - 25.00

$10,800.00

8 REPORT OF THE SHELL-FISH COMMISSIONERS

SHELL-FISH COMMISSION.

On the first day of July, 1889, the Board of Shell-fish Com-
missioners met at their office in New Haven, and organized by
appointing William M. Hudson, chairman. This report will be
the first one made by the new Commission, and will include an
account of what has been done during the fiscal year ending
June 380, 1890, with such comments and suggestions as may
seem pertinent, for the information of the General Assembly.

During the year, eighteen (18) applications for oyster grounds,
embracing an area of six hundred and fifty-one and seven-tenths
(651.7) acres, have been made to the Commissioners, and upon
these and those made previously eleven (11) deeds have been
granted, covering one hundred and ninety-three and eight-tenths
(193.8) acres, and the money received for them has been sent
to the Treasurer of the State.

The total receipts of the office for the year have been
$7,149.44, and the total disbursements, including the pay and
expenses of the Commissioners, have been $4,295.30, leaving a
surplus of receipts over disbursements of $2,854.14. The details
of receipts and disbursements will be found in the financial
statement on another page.

SURRENDER OF OYSTER GROUNDS.

Section 6 of the original act of 1831, establishing a State
commission for the designation of oyster grounds, provided
that, “ when, after the occupancy and cultivation of any grounds
designated as aforesaid by the grantee or his legal representa-
tives, it shall appear to said commissioners that said grounds
are not suited for the planting or cultivation of oysters, said
grantee, upon receiving a certificate to that effect from said
commissioners, may surrender the same or any part thereof,
not less than one hundred acres, to the State, by an instrument

OF THE STATE OF CONNECTICUT. 9

of release of all his right and title thereto, and shall, on delivery
of such instrument to the said Commissioners, receive their cer-
tificate of said release of said grounds, the location and number
of acres described therein, which shall be filed with the State
Treasurer, who shall pay to the holder the sum of one dollar for
every acre of ground described in said release, when said sum
has been paid therefor to the State.” :

The oyster-growers in 1881, under the promise of a return
of their money in case of an unprofitable investment, made
applications for many acres of ground in that portion of Long
Island Sound where no previous designations had been made.
This was particularly true of the waters lying between the town
of Madison and the eastern boundary line of the State.

After the most careful efforts for a series of years, oyster
culture in this part of the State has proved a failure. Hither
the constituents of the water, or the condition of the bottom, or
the action of the tides, or perhaps a°*combination of all three,
seems to render the locality unsuited for the breeding and growth
of oysters.

The legislature of 1889 made an appropriation of $10,000
(see page 179 of Public Acts of 1889) to meet the demands of
those surrendering designations under the provisions of the law
above quoted.

During the year ending June 380, 1890, a sufficient number
of acres was surrendered to exhaust this appropriation, and the
parties who had paid to the State $1.10 per acre in 1881, received
one dollar per acre, eight or nine years after, having in the
meantime paid annual taxes thereon. Not all of the 10,000
acres, however, were east of Madison. In some cases, the per-
sons who bought the grounds originally, either from want of
capital or insufficient ability, have been unsuccessful in their ex-
periments, and surrendered their holdings to the State, and
other cultivators have almost immediately applied for them. In
this way oyster grounds are sold over and over again, and the
price fixed by the State received each time.

Section 2322 of the Revised Statutes provides that all sur-
renders of oyster grounds, under this act, shall be made within
eight years, if the grounds were granted prior to July 1, 1884,

10 REPORT OF THE SHELL-FISH COMMISSIONERS

and within five years, if granted since that date. Section 8 of
Chapter CC, of the Acts of 1889, which took effect August 1,
1889, provides that no ground designated after that date shall
be surrendered to the State, unless such release is made without
charge or expense to the State.

Since the appropriation for the surrender of oyster grounds
was exhausted, certificates have been given to owners of designa-
tions containing nine hundred and seventy and nine-tenths
(970.9) acres, and in addition to these, eight hundred and fifty-
eight and six-tenths (858.6) acres have been surrendered to the
State without charge or expense.

On assuming office July 1, 1889, your Commissioners found
the oyster growers still contending with the starfish antl some-
what despondent about the oyster “‘ set” then in progress. They
did not think that the parent oysters were in condition to prom-
ise an abundant progeny. The result was in accordance with
their expectations, for in.general, the “ set’ was very light, and
only in exceptional cases, like that in Orange, before mentioned,
was there a good crop of young oysters. Under these circum-
stances, there were few attempts to acquire additional ground,
and consequently the new applications were very limited in
number. Then came the hot summer of 1890, when everything
indicated a favorable season. The “set” proved to be an unusu-
ally good one, one writer stating that it was the best seen in
Connecticut for ten years. The growth of the young oysters to
the present time is all that could be desired, and the reports of
the oyster-growers are that the number of starfish has largely
decreased. Some of the specimens of the new “set” brought to
this office are remarkable, one old oyster shell having more than
fifty thrifty young oysters attached to it, each from one-half inch
to three-quarters of an inch in diameter, and that early in Oc-
tober. The consequence is that the faces of the cultivators are
wreathed in smiles and every part ot Long Island Sound is being
eagerly searched for favorable locations for new oyster farms.
The applications for designations have largely increased, and as
under the new law no money can be returned in case of failure,
a more careful selection of locations is made, and applicants are
careful to apply for no more ground than they can properly cul-

OF THE STATE OF CONNECTICUT. Ti

tivate. The element of speculation is therefore to a great ex-
tent eliminated. This leads to the conclusion that the business
will hereafter be conducted upon a sounder basis. It will, how-
ever, require some time before the area of oyster grounds in Long
Island Sound shall all be cultivated to the best advantage. The
great “set” of 1890 not only benefits the owners of oyster
grounds, but the great body of toilers who work for day wages
are also reaping a harvest. During the month of October from
two hundred to two hundred and fifty boats (and on one occa-
sion a gentleman counted two hundred and seventy) have been
daily at work on the great Stratford natural bed, gathering
enormous numbers of the young oysters, and all making excep-
tionally good wages. The steamers are not allowed to dredge
upon the natural beds, but they station themselves in the vicinity,
and their owners purchase the oysters from the sail-boat dredgers
for the purpose of planting for a year or two on their own
grounds.

TAXATION OF OYSTER GROUNDS.

Under the provisions of the new law, the assessment of oyster
grounds within the exclusive jurisdiction of the State was made
by Mr. Frederick Botsford, Clerk of Shell-fisheries. He used
the former assessment made by the Commissioners of Shell-
fisheries as a basis of his action, and made such alterations as
seemed to him warranted by the present condition of the grounds,
increasing the value of some and decreasing that of others. After
he had completed his valuation of the oyster grounds, the Shell-
fish Commissioners sent notices to all of the owners that they
would meet as a Board of Relief on certain specified days, and
hear all persons who felt aggrieved by the action of the assessor.
Quite a number of them appeared on the dates appointed and
asked for reductions in some of the assessments. Mr. Botsford
was present at these meetings, and generally, after a careful
consideration of each case, the Commissioners were able to agree
upon figures which were satisfactory to all interested. There
are, however, in the oyster business, optimists and pessimists, as
in almost all other branches of industry, and it is possible that
all were not entirely pleased. It would be too much to expect

12 REPORT OF THE SHELL-FISH COMMISSIONERS

of merely human beings, that all should be satisfied with the
work of those designated by law to fix the value of their property
for the purposes of taxation. The amount of taxes collected

during the year, and sent to the Treasurer of the State, was
$6,776 48.

a

ENGINEER.

Section 7 of the new law provides that not more than two
hundred dollars shall be paid in any one year for the services of
an engineer, when required by the State. Of course the inten-
tion of this section is that all expenses pertaining to the purchase
and survey of oyster designations shall be paid by the parties
applying for them, and this is just and proper. But at the
present time the search for desirable areas for oyster culture is
very keen, and when a prospector finds a favorable location, he
hastens to the office of the Shell-fish Commissioners to consult
their maps and ask a great many questions, which can only be
answered by an engineer thoroughly familiar with the business.
At nearly every meeting of the Shell-fish Commissioners,
questions arise which demand consultation with the engineer,
and a reference to some one of the maps. Under these circum-
stances the Commissioners alone require the presence of an
engineer during a greater number of days than he can be paid
for under the law.

But in addition to that, many of the oyster-growers claim
that they are entitled to some consideration. They have a cap-
ital of more than $3,000,000 invested, and pay to the State, in
taxes and in other ways, an average for the last two years of
more than $3,000 per annum over and above the entire expenses
of the commission, including the pay and expenses of the Com-
missioners. They feel that they should have the privilege, at
suitable times, not only of consulting the maps of the office, but
also that they should be able to meet the engineer in charge of
the maps, and avail themselves of his knowledge and advice,
and that without expense to themselves. If, after consultation with
him, they conclude to make an application for some of the
ground which the State has to sell, they are willing to pay the nec-
essary expenses of locating and surveying. Your Commissioners

OF THE STAIE OF CONNECTICUT. 13

believe that they are right in this matter, and would respectfully
suggest that a sufficient amount be appropriated for the pay of
an engineer, to enable him to spend at least two whole days per
week in the office. Those days can be fixed in advance, and in
a short time, those wishing to see the engineer would make it
convenient to be in New Haven, and call at the office when sure
to find him.

INSPECTORS OF MUD DUMPING.

Sections 2382 and 2385 of the General Statutes provide,
that in all cases where dredging operations are to be carried on
in any of the harbors of the State where oyster-grounds have
been located or designated, the Commissioners shall establish a
dumping-ground, and appoint a suitable person to accompany
each boat towing or carrying the mud, whose duty it shall be to
see that the mud is deposited on said dumping-ground and no
where else.

Section 2384 of the General Statutes is as follows:

* “The person so appointed to accompany such boat shall be allowed
a sum not exceeding two and one-half dollars per day for such service,
to be paid by said Commissioners and charged as other expenses of
said commission.”

It will be noticed that the Commissioners have no option in
this matter. They must appoint the inspector of mud-dumping,
and they must pay him for his labors and charge the amount as
other expenses of the Commission. They cannot know in ad-
vance how much or how little dredging there is to be done dur-
ing the two years, and consequently cannot very closely estimate
the amount of money necessary. The estimate of the Commis-
sioners of Shell-fisheries for the two years ending June 30,1891,
was cut down by the General Assembly, and the amount appro-
priated for this purpose was $1,000. By referring to the finan-
cial statement for the year ending June 30, 1890, it will appear
that $932.50 of this amount was paid out during the first year.
The remaining $67.50 was soon exhausted after the new year com-
menced. There is now no money for these inspectors, and will
be none until next July, unless advanced from private funds, or
specially appropriated by the General Assembly. Your Com-

14 REPORT OF THE SHELL-FISH COMMISSIONERS

missioners would suggest that at least two thousand dollars
($2,000) be appropriated for this purpose for the next two years.
If it is not needed, it can be returned to the Treasury at the
end of the period.

PRESERVATION OF LANDMARKS.

The signal stations (called in the appropriation bill “ land-
marks”) are structures erected upon prominent portions of the
shore, and serve as triangulation points in the hydrographic
work of the engineer. It is by means of these that the location
of designations is fixed, and the places to set buoys determined.
It is absolutely necessary that these signals should be suitable
for the purpose, and that they should be maintained in good con-
dition. Section 2412 of the General Statutes authorizes the
Commissioners to lease grounds for this purpose for a period not
exceeding ten years. Some of these leases will soon expire,
and it is desirable to renew them for as long a time as possible.
Occasionally it has happened that the point occupied by one
these stations has been bought by some gentleman, whose inten-
tions were to erect a fine summer residence in its immediate
vicinity.

In such cases, the signals are only allowed to remain on con-
dition that they shall be made ornamental to the surrounding
property. Generally, the Commissioners have no difficulty in
agreeing upon the form and appearance of the new signal, and
one is erected which proves satisfactory to all interested.

The small appropriation for the preservation of landmarks
should be included among the others to be accounted for by the
Shell-fish Commissioners.

THE OYSTER INDUSTRY.

According to the report of the Commissioner of Labor Sta-
tistics, for the year ending May 1, 1889, the amount of capital
invested in the oyster business in the State of Connecticut was
$3,822,311, the receipts (value of catch and product) were
$1,232,146, the wages paid to employees were $263,562, the
number of men employed was 1,024, and the number of vessels
engaged 453. These figures indicate that the oyster industry *

OF THE STATE OF CONNECTICUT. 15

a very important one, and well worthy of the care and considera-
tion of the State. Much has been done during the last ten years
to establish this industry upon a permanent basis. A central
office in New Haven is open every week day of the year, and the
Clerk of Shell-fisheries is there during business hours to attend
to the duties of the office, and answer such questions as may be
addressed to him by any one desiring information. On every
Monday, at 10 A. M., the Shell-fish Commissioners meet to per-
form the routine work of the week and hold consultations with
such of the oyster-growers as may have matters to submit to
them. There are in the office more or less complete maps of
the oyster ground designations within the exclusive jurisdiction
of the State, for every town in the State. These have been
made by Mr. James P. Bogart, who has been in the employ of
the State from the first appointment of a shell-fish commission,
and is thoroughly conversant with their details. There are still
many cases where adjoining owners are not agreed as to what
should constitute the boundaries between them. Most of these
are designations made many years since, when the surveyors did
not seem to appreciate the necessity of accuracy, or had not in-
struments of sufficient precision. They admit of two or more
constructions, and therefore the boundaries can only be fixed by
mutual agreement or by arbitration. In either case the maps
are of the utmost importance, and the advice of the engineer
naturally has great weight. After an agreement is reached, the
lines are placed upon the map, buoys are set at the corners of
the designations, and the number and location of each bucy are
entered in the records of the office, so that at any future time
any competent engineer can replace one that is lost or stolen
with absolute precision. Not only are records of designations
kept in the office, but transfers of deeds of oyster grounds are
preserved in the same manner as the records of a town clerk’s
office. All persons desiring information regarding any matters
pertaining to the business come to the office as the proper place
to obtain it. Most of the information wanted can only be fur-
nished by a competent engineer, and your Commissioners would
therefore reiterate what they have said in another place, that
there should be a sufficient appropriation for the engineer to

16 REPORT OF THE SHELL-FISH COMMISSIONERS

enable him to spend at least two whole days in each week in the
office. The oyster industry in Connecticut is a rapidly-growing
one, and as those engaged in it acquire more and more experi-
ence, and the great area of good ground is more carefully culti-
vated, it cannot fail to become a more and more important fac-
tor in the progress and wealth of the State.

The laws relating to shell-fish matters enacted by the last
General Assembly will be found in the Appendix.

WM. M. HUDSON,
GEO. C. WALDO,
B. As TREAT.
Shell-fish Commissioners.

OF THE STATE OF CONNECTICUT.

FINANCIAL STATEMENT

17

OF THE SHBLL-FISH COMMISSIONERS FOR THE YEAR ENDING JUNE 30,

1890.

RECEIPTS.

Total receipts for the year cata June 30, 1890, from the

following sources,

For deeds delivered,

For deposit fees on applications, -
For drawing and recording deeds, -
For taxes collected,

Amount sent to State Treasurer,

DISBURSEMENTS.

$181. 61
78.00
= 10335

6,776.48
- $7,149.44

Total disbursements for the year ending June 30, 1890, -

For pay and expenses of Engineer,

For salary of Clerk, - -

For office rent, and supplies,

For inspectors of mud-dumping, -

For preservation of landmarks,

For pay and expenses of Commissioners,

SUMMARY.

Total receipts for the year,
Total disbursements for the year,

Excess of receipts over disbursements,

2

$196.20
1,400.00
- 449.60
- 932.50

82.00

1,235.00

$7,149.44
4,295.30

$7,149.44

$4,295.30

$4,295.30

$2,854.14

18 REPORT OF THE SHELL-FISH COMMISSIONERS

APPROPRIATIONS FOR TWO YEARS ENDING JUNE 30,

1891.
Commissioners’ pay and expenses, - - $3,000.00
Clerical services, - - . . 2,800.00
Office expenses, - : = - 1,000.00
Mud-dumping, - - - - 1,000.00
Preservation of landmarks, - - 200.00
Engineer's expenses, : - - 400.00
Deduct disbursements for the year ending June 30, 1890,
as above, - - - - :

Funds available for year ending June 30, 1891:
Commissioners’ pay and expenses, : $1,765.00
Clerical services, - - - - 1,400.00
Office expenses, - - - . - 550.40
Mud-dumping, : - ihe - - 67.50
Preservation of landmarks, . . - 11800
Engineer’s expenses, - - - - 203.80

$8,400.00

$4,295.30

$4,104.70

$4,104.70

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REPORT OF THE SHELL-FISH COMMISSIONERS

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CHAPTER LXVII.

An Act concerning the Surrender of Oyster Grounds to the
State.

Be it enacted by the Senate and House of Representatives in General Assembly
convened :

Section 2320, of the general statutes, is hereby amended by inserting
between the word ‘‘ grantee,” in the fourth line thereof, and the word
‘‘upon,” in the fifth line thereof, the words ‘‘his heirs or assigns,” so that
the first six lines of said section, as amended, shall read as follows:

When after the occupancy and cultivation of any grounds designated as
aforesaid by the grantee, or his legal representatives, it shall appear to said
commissioners that said grounds are not suited for the planting or cultiva-
tion of oysters, said grantee, his heirs or assigns, upon receiving a certificate
to that effect from said commissioners, may surrender the same or any part
thereof, not less than one hundred acres,

Approved, March 29, 1889.

CHAPTER CC.
An Act concerning Shell-fisheries.

Be it enacted by the Senate and House of Representatives in General Assembly
convened :

Section 1. From and after the first day of July, 1889, the powers and
duties vested by law in the fish commissioners, as a board of commissioners
of shell-fisheries, shall be vested in three shell-fish commissioners, who
shall be appointed by the governor and confirmed by the senate; two of
said commissioners shall hold office until July 1, 1891, and one of said com-
missioners shall hold office until July 1, 1898. The term of office of such
commissioners shall thereafter be four years; provided, that nothing cof
tained in this act shall be so construed as to interfere with the terms of
office of the present commissioners during the period for which they have
been already appointed under the provisions of existing law.

Sec. 2. In all cases hereafter brought before said commissioners, under
the provisions of sections 2329, 2330, and 2331 of the general statutes, the

22 APPENDIX.

parties in interest shall pay each of said commissioners for such services the
sum of five dollars per day and expenses for every day employed by them in
such hearing, and said commissioners shall pay all sums received by them
for such services to the state treasurer.

Sec. 3. The governor shall appoint a clerk, who shall be confirmed
by the senate; he shall be designated as clerk of shell-fisheries, and shall
hold office for two years from the first day of July succeeding his appoint-
ment; he shall perform all of the clerical duties of the commission, and make
an assessment on all oyster grounds for taxation; he shall receive, as com-
pensation for his services, fourteen hundred dollars per annum, in monthly
installments,

Src. 4, All the powers and duties now vested by law in the board of
commissioners of shell-fisheries, except the assessment of oyster grounds for
taxation, shall be hereafter performed by said shell-fish commissioners.
They may also confer with the officials of the United States government
with reference to plans for the destruction of star-fish. They shall maintain
an office in the city of New Haven, and incur necessary incidental expenses
not exceeding the amount of four hundred dollars per year.

Src. 5. Said shell-fish commissioners shall be a board of relief, and
shall meet at such times and places as they shall fix, and may adjourn from
time to time till they shall have completed their duties. As such board of
relief, said commissioners shall have and exercise all the powers and duties
now conferred by law upon boards of relief of towns.

Src. 6. Said shell-fish commissioners shall be paid the sum of five
dollars per day and expenses for services rendered under the provisions of
this act, but the amount paid for services, together with the expenses of
said commissioners, shall not exceed the sum of fifteen hundred dollars in
any one year.

Src. 7. If such commissioners shall at any time require the services of
an engineer, they may employ such engineer; provided, that if such engineer-
ing work is for the determination of boundaries of oyster grounds of any
person or persons, such person or persons shall pay for the same, and in all
grants of grounds hereafter made, the buyer of such grounds shall pay all
engineering expenses pertaining thereto, and that for any other engineer
work the state shall not pay exceeding the sum of two hundred dollars in
any one year; but any work upon the maps on engineering records con-
nected with the commission shall be performed by an engineer designated
by and under the direction of the commissioners.

Sec. 8. No ground hereafter designated for the cultivation of oysters,
ain the waters of Long Island Sound, within the jurisdiction of said commis-
sioners, shall be surrendered to the state, unless such release is made with-
out charge or expense to the state, and is approved by said commissioners,

Sec. 9. All acts and parts of acts inconsistent herewith are hereby
repealed.

Approved, June 12, 1889.

APPENDIX. M3}

CHAPTER OVI.

An Act for the Protection of Seed Oysters in Mianus River and
Greenwich Cove.

Be it enacted by the Senate and House of Representatives in General Assembly
convened :

Section 1. No person shall take, rake, or gatherin any way any oysters,
or seed oysters, unless the same have attained a growth of three years, in the
channels of Mianus River and Greenwich Cove, situated in the town of
Greenwich, on penalty of fifty dollars, one-half to the treasurer of the town
of Greenwich and the other half to him who shall prosecute to effect.

Sec. 2. Any boat or vessel used by any person in taking any such
oysters, or seed oysters, from said channels of Mianus River and Greenwich
Cove, shall be liable to seizure under the provisions of sections 2400 and
2403 of the General Statutes, and such seizure may be made either upon the
spot where the offense is committed or wherever within this State said boat
or vessel may be found within one year after said offense has been committed.

Approved, April 17, 1889.

CHAPTER CXLY.

An Act relating to the Leasing of Natural Oyster and Clam
Grounds in the Town of Branford.

Be it enacted by the Senate and House of Representatives in General Assembly
convened :

The selectmen of Branford, with the approval of said town at a meeting
legally warned and held for the purpose, and with the approval of the
Shell-fish Commissioners, may lease, for a term of years, portions or the
whole of the natural clam and oyster grounds in Branford Harbor and
River known as Great Cove.

Approved, May 16, 1889,

[SPECIAL LAWS No. 487.]

An Act making Appropriation for the Commissioners of Shell-
fisheries.

Be it enacted by the Senate and House of Representatives in General Assembly
convened :

The following sums are hereby appropriated, to be paid out of any money

in the treasury not otherwise appropriated, in full compensation for the

94. APPENDIX.

objects hereinafter expressed, for the two fiscal years ending June 30, 1891:
For the Commissioners of Shell-fisheries; for Commissioners’ pay and ex-
penses, three thousand dollars; for clerical services, twenty-eight hundred
dollars; for office expenses, one thousand dollars; for mud dumping, one
thousand dollars; for preservation of landmarks, two hundred dollars; for
engineer’s expenses, four hundred dollars.

Approved, June 19, 1889.

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