Peninsula Enterprise, April 18, 1891
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Farmers -- Farmers' organizations
The Farmers' Alliance in Accomac is growing rapidly, their number in sub-alliances organized in every section of the county, aggregating about sixteen hundred.
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Watermen -- Watermen's organizations
Dr. Frank White, deputy organizer of the "Oystermen's Protective Association," has organized promising associations at Greenbackville and Chincoteague Island.
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Infrastructure -- Commercial - Real estateProfessionals -- Realtors and developers
Ailworth & Brent is the style of a new firm of real estate agents on Eastern Shore, and they have issued a pamphlet setting forth the advantages in this section to parties wishing to purchase homes. Messrs. R. J. Ailworth, Eastville, and F. P. Brent, Onancock, constitute the firm, and the public generally will endorse them as altogether reliable and worthy of patronage.
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Sea -- Fish factories
Capt. E. J. Foote, Wachapreague, manager of the fish factory on Parramore's beach, has accepted a similar position at a factory in Maine, until preparations are resumed at the former in September. He left for his new field of labor on Tuesday.
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Farmers -- Farmers' organizations
Mr. Jas. B. Bell, president of Farmers' Alliance, Marionville, authorizes the announcement, that the annual election of officers for said Alliance, will come off on last Saturday in April. All members are requested to be present.
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Professionals -- Mariners
Capt. Geo. C. Savage, master of the steamship City of Savannah, of the coast line from New York, was home on a visit to his parents at Cape Charles [City], this week. He was recently promoted to the position he now occupies and receives it as a reward of merit for faithful and efficient service. We congratulate our kinsman and extend him our cordial best wishes for a long and happy "life on the ocean wave." He is the son of Capt. Geo. Savage, formerly of this county.
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Infrastructure -- Commercial - Residential construction
Belle Haven.
Our town is still on the boom. The work on two new dwellings on Fitz Lee St., will begin next week.
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Infrastructure -- Commercial - Commercial constructionInfrastructure -- Commercial - Residential constructionArchitecture -- Commercial buildings
Cashville.
Another store is to be built here shortly, making four in all. Its dimensions will be 50x25 feet, and H. R. Boggs & Bro., the owners, will occupy the same. L.T. Boggs & Son will engage in business at old stand to be vacated by them. Boggs & Bro., will also have two handsome new dwellings erected during the year.
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Fields -- Crops - CornTransportation -- Railroad - Corporate
Chincoteague.
Corn very scarce with us and retailing at 90 cents, when for sale.
The new superintendent of D.M.& Va. R.R. with other officials, made us a "flying visit" this week.
Resolutions of Respect.
Watermen -- Watermen's organizations
Whereas, it has pleased our Heavenly Father to remove from our midst by the hand of death our beloved Brother, Walter F. Broadwater,
Resolved, 1st, That while we bow in humble submission to Him who is allwise and say "Thy will be done," yet we [illegible] the death of our dear brother a great loss to the Oyster Union which he loved so well, for truly it may be said, that the cause of protection of oysters lay very near his heart. Every ready to contribute not only of his means, but efforts to advance the cause, and make it a successful Oyster Union, he not only labored for the present but for the rising generation. His interest in the cause never flagged even amidst the greatest difficulties under which we have labored since our organization, and when prevented from attending Oyster Union meetings by ill health, he did not neglect in sending the secretary's book, which office he held. Truly it may be said, we shall miss him not only in our Union room, but as a friend and neighbor. He was kind to the poor and ever ready to help them when convinced of need.
Resolved 2nd, That we tender our heartfelt sympathies to the bereaved family, his brothers and sisters, and especially to his devoted wife and daughters -- and pray that he who has promised to "temper the blast to the shorn lamb" may in this dark hour be with and bear them in his loving arms.
Resolved 3rd, That these resolutions be spread upon the minutes of our Union, and that a copy be sent to the bereaved family, and to the PENINSULA ENTERPRISE for publication.
By order of Messongo Oyster Union No. 1.
WALTER J. HALL,
HORACE N. BUNDICK,
Robert L. BULL,
Com.
Farmers' Alliance.
Farmers -- Farmers' organizationsInfrastructure -- Commercial - Newspapers
At a large and enthusiastic meeting of the Accomac County Farmers' Alliance, in session at Parksley, Va., Friday, April 3d, 1891, the following resolutions were submitted by Mr. G. G. Joynes, of Onancock, Va.
Whereas, The interest of the Farmer's Alliance of Accomac county, Va., is identical with the Interest of each individual farmer or trucker of Accomac county, and is working for the up-building of the homes and the betterment of this entire section, and as a large number of alliance men are subscribers to our county papers, therefore be it
Resolved 1, That we ask the PENINSULA ENTERPRISE and the Accomac Democrat, our county papers published respectively, at Accomac C. H., Va., and Onancock, Va., for space for the insertion of items and communications of interest to the growers of this section.
Resolved 2, That we do respectfully state, that all communications of value to us as farmers, will be received and read with interest.
JNO. T. HUTCHINSON,
County Secretary.
A Decision Against the Railroads on the Peninsula.
Transportation -- Railroad - RegulationTransportation -- Railroad - Rates and fares
WASHINGTON, April 13 --
The interstate commerce commission today decided the case of the Delaware State Grange of the Patrons of Industry vs. the New York, Philadelphia and Norfolk Railroad Company, the Delaware Railroad Company, the Philadelphia, Wilmington and Baltimore Railroad Company, and the Pennsylvania Railroad Company, in favor of the claimants. The points decided are briefly as follows: For a special service by carrier, such as the transportation of perishable freight, requiring quick movement, prompt delivery at destination, special fitting up of cars, their withdrawal from other service, and their return empty on fast time, all involving great expense to the carrier, a higher rate than for the carriage of ordinary freight is warranted by the conditions of the service and is reasonable and just. But the higher rate for a special service should bear a just relation to the value of the service to the traffic, and is not wholly in the discretion of the carrier. While a carrier should be fully compensated, the public interests require that the traffic should not be rendered valueless to the producer, if the charges of the carriers have such an effect and can be reasonably reduced. The requirement of the statute that all rates shall be reasonable and just involves a consideration of the commercial value of the traffic, and implies that rates should be so adjusted that producers of the traffic, as well as carriers, may carry on their pursuits successfully, if practicable, for both and without injustice to the carrier. The public requires what is plainly the spirit of the law, that the transportation interests are not alone to be considered, but that in the just exercise of regulation, care should be taken that the lawful and necessary occupations of citizens are not unjustly burdened.
The complaint was that the defendants' charge for the transportation of specified perishable articles of truck farming from stations on their lines of railroad to Jersey City and Philadelphia, were excessive and unreasonable, and that the charges were higher for the shorter distance from their stations on the peninsula in Delaware and Maryland, than for the longer distances from Norfolk, Va. It was found that the charges on certain articles specified from stations in the peninsula were excessive, and a reduction, as follows, was ordered: On peaches and berries from all stations on the main line, 20 per cent.; on apples, peas, kale, spinach, radishes, cabbages, lettuce and other vegetables except potatoes from all station north of Delmar, and for apples, peas and other vegetables except kale, spinach, radishes, cabbages and lettuce from all stations south of Delmar on the main line, 25 per cent.; on potatoes on the main line, from all stations, 25 per cent.
The reduced rates are, however, in many cases still considerably above the rates on the same articles from Norfolk, and the showing not being sufficient to enable the commission to determine satisfactorily how far the lower Norfolk rates were justified by the difference in the conditions and circumstances, that subject was left for future consideration.
The Oyster Question.
Sea -- Shellfish - Oystering : LegislationSea -- Shellfish - Oystering : Planting
A logical view of it; defence of rights of oystermen in public waters of our State; the oyster grounds common property; authority of the Legislature to sell or lease them denied; no such power belonging to it.
MR. EDITOR:
For several months past there has been a great deal of discussion in the newspapers, of what is called "the oyster question." The meaning of that question I understand to be plainly, whether or not the oyster grounds in our public waters shall be divided into parcels and sold or leased to individuals to be owned by them as their private property, to the exclusion of all the rest of our citizens. Such appears clearly to be the object of the crusade now being carried on against the rights of oystermen in the public waters of their own State.
Now, Mr. Editor, I maintain that the right to take oysters in the public waters of out State belongs to each and every citizen of Virginia. This common right of fishery, as it is usually termed, exists and is firmly established by the common law. Chancellor Kent, in his commentaries on American Law, positively declares, that "the right of fishery in the seas, and in the bays and arms of the sea, and in navigable or tide waters, under the free and masculine genius of the English common law, is a right public and common to every person." He further tells us that "the common right of fishing in navigable waters is founded on such plain principles of natural law, that it is considered by many purists as part of the law of nation." He also says, that "the Civil Law declared, that the right of fishing in rivers, as well as in the sea, and ports, was common." By way of illustration and support of the doctrine laid down by him, he reviews a notable court case decided by the highest court of New Jersey, and concludes by saying, "the law is now declared, after a very profound and exhausting forensic discussion, to be, that there is no several fishery in the navigable water of New Jersey, but the same is common to all the people of the State." 3 Kent's Com., 413.
Doctrine to the same effect is laid down by Mattel in his Law of Nations, Book 1, chap. 20. He refers to the running water, the sea, the fish, &c., as things in common. He describes them as "common to all citizens who take advantage to them, each according to his necessities or according to the laws which regulate their use; and these are called common property." He says, that "the sovereign may make laws to regulate the manner in which common property is to be used." "Thus the sovereign may establish wise laws with respect to hunting and fishing, -- forbid them in the seasons of propagation, -- prohibit the use of certain nets, and of every destructive method & ." "He cannot, indeed, take away their right from those who have a share in the property; but the care he ought to take of the public repose and of the common advantage of the citizens gives him a right doubtless to establish laws to this end, and consequently to regulate the manner in which things possessed in common are to be used."
It will thus be perceived that whilst the sovereign may and ought to regulate the manner in which all the citizens may use their common property, he cannot take away from them their right to use it; and I feel justified in saying that the position that I have taken in behalf of our oystermen engaged in the business of taking this common property, is fully sustained by authority everywhere respected by jurists and statesmen.
By repeated acts of our legislature "all the beds" of our public waters are recognized as entitled to be used by all the people of the State, for the purpose of fishing and of taking oysters and other shell fish. The right is not created by those acts; it existed independent of, paramount and long prior to them, -- being derived from the common law; and those acts are but in conformity and subordination to and corroborative of the free and lawful common right belonging to all the people of our State.
There are persons who seem to imagine that the legislature has, in some mysterious way, authority and power to do just about whatever it pleases; as if endowed with a sort of omnipotence commensurate with the limits of the State. But such an assumption is entirely erroneous; it is not only that, but is repulsive to every sentiment of freedom and sound statesmanship; it is "utterly inconsistent with the great and fundamental principle of a republican government and with a right of the citizens to the free enjoyment of their property." The language just quoted is that of the Supreme Court of the U. S., in a case in which the extent of the legislative power was considered, and the court repudiated, with no small degree of warmth, the assumption of the unrestrained authority of a legislature over the rights of the people of the State.
It rejected the idea of such "transcendental sovereignty" existing in a legislature, or that the people of a State can be "subjected to its uncontrolled and arbitrary exercise." It declared that "that government can scarcely be deemed to be free, where the rights of property are left solely dependent upon the will of a legislative body without any restraint." "The people ought not to be presumed to part with rights so vital to their security and well being, without very strong and direct expressions of such an intention." It further said, "we know of no case in which a legislative act to transfer the property of A to B without his consent, has ever been held a constitutional exercise of legislative power in any State of the Union. On the contrary, it has consistently been resisted as inconsistent with just principles, by every judicial tribunal in which it has been attempted to be enforced." 2 Peters, 657. It will thus be seen that assumption of absolute power by a legislature finds no countenance in the opinion of the court. And it is a plain deduction from that opinion, that the legislature has no authority to convert private property into common property, and it has no authority to convert common property into private property. It cannot take the private property of certain individuals and make it the common property of all the citizens; nor can it take common property of all the citizens and make it the private property of certain individuals.
The legislature has no authority or rightful power to parcel out the public oyster grounds among a few favored persons to be occupied by them to the exclusion of all other citizens of the State. The assumption of such "transcendental sovereignty" is contrary to common law, the civil law and the law of all civilized nations. And in view of the doctrine herein maintained, I think it may be said, that when the legislature of a State ceases to guard the common property of its citizens, and adopts measures to deprive them of it, such legislature becomes a tyranny, -- a trampler on the rights of the people who can feel no assurance of safety or protection at its hands.
JOHN W. H. PARKER.
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Farmers -- Farmers' organizationsInfrastructure -- Commercial - Newspapers
The resolutions adopted by the Farmers' Alliance, published elsewhere in our columns, does the Editor of the ENTERPRISE gross injustice. "The space for the insertion of items and communications of interest to the growers of this section" asked for, and practically the sum and substance of the resolutions, was tendered by us to the County Alliance at a meeting held previous to the one at Parksley and was declined by them. Indeed, our proposition to serve the Alliance, if we are correctly informed, not only did not have an attentive hearing when brought to the notice of that body, but we were told, by a messenger from the Alliance, that when the Alliance wanted us to publish anything they would let us know and pay for the same. In making the proposition to the Alliance to serve them, however, it is fair to state, the nominal sum of $10 was charged to cover the annual expense of business meetings, in which, not the public, but only the Alliance is interested in and which as advertising matter the Alliance could not expect us to publish, therefore, without compensation -- but for all other matters the columns of the ENTERPRISE were offered to them without hope or expectation of reward. In this connection in conclusion, we have to say, that we believe in the principles of the Farmers' Alliance and as evidence thereof, do not hesitate to say, we would be a member of the same, if we were not ineligible because the Editor of a newspaper. Wishing the Alliance success, and having offered to serve them, we cannot but believe, that the resolutions adopted are the result of gross misrepresentation from some source and reserve further comments, therefore, for later developments in the matter.
Notice to Liquor Dealers and Others.
Moral -- Alcohol
VIRGINIA: -- At a court held for the county of Accomack, at the Court House thereof, by adjournment, on the 4th day of April, A.D., 1891.
Ordered, that the court will on the first and second days of the April term next, proceed to hear applications for license to sell ardent spirits and malt liquors for the year ending on the 30th day of April, 1892 at which time all persons opposing the granting of such license to any applicant, either on the ground of the fitness of the applicant for such privilege or the suitableness of the place where the business is proposed to be conducted, are notified to appear and enter their opposition to the application. The clerk shall cause a copy of this order to be posted at the front door of the court-house of this county, and to be published in the PENINSULA ENTERPRISE for two weeks next preceding said term of the court.
A Copy.
Test: M. Oldham Jr., C.A.C.
Old Dominion Gunners' and Anglers' Association Stock.
Tourists and sportsmen -- Field sports - Lodges
By order of the Board of Directors, the Old Dominion Gunners' and Anglers' Association of Accomac county, Virginia, will sell at public auction, at No. 48 Bakewell Law Building, in the city of Pittsburg, Pa., commencing at 10 o'clock a. m., on Friday, May 1st, 1891, the forfeited stock of delinquent members of said organization, as represented by certificates Nos. 11, 39, 49 and 79, to satisfy the unpaid assessments upon said stock for the current year, as provided for in section 1127, Virginia Code of 1887, and pursuant to the by-laws of the association.
GEORGE H. CHRISTY,
President.
D. H. WHITTLESEY,
Secretary.
John D. Bailey, Auctioneer.