n REPORT iOYSTER INVESTIGATION SHELL-FISH COMMISSION, For the ^'ear 1:ik1iiiij- November 30th, 1887. EUGENE ■(}. BLACKFORD, COM rissirxEE of fisheries. r TRANSMITTED TO THE LEGISLATURE JANUARY 25, 1888. THE TROY PRESS COMPANY, PRINTERS. 1888. Glass _ ^^. . ^^ y^ (\l Book u SMITHSONIAN DEPOSIT -^'^-z? ~.: Long Island Sound Set of iXSy. Average Fi\'f Month's (Irowtli, Life Size. I REPORT OYSTER INVESTIGATION SHELL-FISH COMMISSION, For the Year Enduiii; November 3ulh, 1887. EUGENE G. BLACKFORD, COMMISSIONER OF FISHBEIES. ;§if3A5 TRANSMITTED TO THE LEGISLATURE JANUARY 23, 18 8 8. THE TROY PRESS COMPANY, PRINTERS. 1888. State of New York No. 37. -1^ ^ ^ 3tk^ V — ^ V^_^ fi -■/ A. ^ A _J fi JL_o(/ -IL ( January 25,^1888. JREPOET EUGENE G. BLACKFOKD, SHELL-FISH COMMISSIONER AND COMMISSIONER OF FISHERIES IN CHARGE OF OYSTER INVESTIGATION AND SURVEY OP OYSTER TERRITORY FOR THE YEAR ENDING NOVEMBER 30, 1887. To the Legislature of the State of New York : I hereby have the honor to submit a report of the work accomplished in the survey of the oyster territory of the State, and since June, 1887, as Shell-Fish Commissioner. The section in the Supply bill of eighteen hundred and eighty-six, authorizing the oyster investigation, reads as follows: " For the Commissioner of Fisheries appointed under chapter three hundred and nine. Laws of eighteen hundred and seventy-nine, the sum of two thousand dollars to be expended as said commissioner may deem proper, apon vouchers to be approved by the Comptroller for the pur- pose of oyster investigation." An item in the supply bill of 1887, directed me to finish and complete the survey of all the lands under the waters of the State, suitable for oyster culture, aiid appropriating the sum of $5,000, but no part of this sum was to be expended until the Comptroller should be satisfied that the work contemulated could be done within the limits of 4 Report of Oyster Investkiation the a|)i)ro])i'iation. In addition to this work of investiga- tion and survey, I was designated by chapter 584, Laws of 1887, as Shell-Fish Commissioner and directed to survey the oyster territory of the State, designate and set apart the natural growth beds of oysters, ascertain the owners of all artificially planted beds and survey and definitely locate such beds. As far as the work of oyster investigation is concerned, this is the third and final report, and I take great pleasure in submitting it. That the work is finished is in itself a great satisfaction, and that it is finished successfully and agreeably to the oystermen of the State is an additional source of gratification to me. In my report for 1886 in which I gave the results of two years of ddigent investiga- tion, I suggested a remedy for what was the principal cause of the insiuration of the item in the supply bill, authoriz- ing the investigation, /'. e., the cause of the decrease in the sui)ply of oysters and recommended the passage of a law. In my report I said "the cause of the decrease in the supply of oysters is two-fold; first, the depletion of the natural growth oyster beds from over-fishing, and second, the lack of a thorough and scientific culture of planted beds. As a remedy for the first cause, I suggested that the beds of oysters of natural growth be set apart and preserved, and that I continue the experiments already begun in the artificial ])ropagation of oysters. In regard to the second, I said: " Planters can not be expected to cultivate oysters scien- tifically, and at great expense unless they can be reasonably certain that they will not be disturbed in the possession of their grounds. Security of tenure must first be given the planter, before the cultivation of private beds can reach its fullest and most profitable development." To carry out this idea I recommended the passage of a law, which passed with some slight modifications, provid- ing for the sale, at a nominal price to planters, of all the lands under the waters of the State, suitable for the culti- vation of shell- fish. At this point, it may be interesting to speak more at length regarding the depletion of the beds AND Shell-Fish Co3imisston. 5 of oysters of natural growth, once the only source of oyster supply. Bed after bed of oysters of natural growth has gradually disappeared and, as in every other instance, when natural supplies fail, recourse was had to artificial propagation. The high state of civilization of the present day is due to the fact that each generation commences very nearly where the past left off. Did each man have to gain all his infor- mation from experience, he would have to live a good many centuries in order to be up to the times. Happily the man who first applied steam to produce work did not let his invention die with him; but passed it on to his fellow-men, and they on to their successors, until at the present day we are surrounded by the thousa,nds of engines, surpassing the most imaginative dreams of our forefathers. If we profit by example, we are simply using common sense; if we fail to do so, we are to be pitied. One hundred years ago our woods abounded in game ; a few years ago our prairies contained thousands of buffalo. Every one knows to what extent the sux:)ply has been reduced. The experience of European countries has been that all natural growth oyster beds will become over-worked; and to illustrate this, I will cite a few extracts from a rei)ort of Prof. Karl Mobius, Professor of Zoology at Kiel: "According to the statement of Mr. Webber, mayor of Falmouth, 700 men, working 300 boats, were profitably employed in oyster fishing in the neighborhood of Fal- mouth prior to 186G; but since then the beds have become so impoverished that now, in 1876, only about forty men with less than forty boats can find employment, and even with this greatly diminished number of boats, no single boat takes daily more than from 60 to 100 oysters, while formerly in the same time a boat could take from ten to twelve thousand. About the year 1830 an oyster bed was discovered upon the English coast, near Dudgeon Light containing an immense number of oysters, among which were very many old ones. During the next three or four years, this bed was fished 6 Report of Oyster Investigation so perseveringly and disastrously, that since then it has not produced enoui^h oysters to be worth recording. Between the years 1840 and 1850, there were in the harbor of Emsworth so many oysters that one man in a single tide (five hours) could take from fifteen to twenty casks, each containing 1,600 oysters. Later, 70 to 100 sailing vessels from Colchester came into the harbor and fished up so many young and old oysters during the two or three weeks they were there, that in the year 1858, scarcely ten vessels could load there, and in 18(38 the beds were so impover- ished by this fishing, that a dredge in five hours could not gather more than twenty oysters. From the beds of the districts of Rochefort, Marennes, and the island of Oleron, on the west coast of France, there were taken in the years 1853-54, ten millions of oysters, and in 1854-5, fifteen millions. By means of long continued and exhaustive fishing they were rendered so poor, that in 1863-64, only 400,000 oysters were furnished for market. The very celebrated rich oyster beds of the Bay of Can- cale, on the coast of Normandy, have produced, according to official reports, the following number of oysters : Number of Year. oysters taken. 1847 71,000,000 1848 60,000,000 1849 52,000,000 1850 50,000,000 1851 47,000,000 1852 20,000,000 1853 49,000,000 1854 20,000,000 1855 20,000,000 1856 18,000,000 1857 19,000,000 1858 24,000,000 1859 16,000,000 1860 8,000,000 1861 9,000,000 1862 3,000,000 1863 2,000,000 AND Shell-Fish Commission, 7 Number of Year. oysters taken. 1864 2,000,000 1865 1,000,000 1866. 1,000,000 1867 2,000,000 The French, ever ready to advance m the arts, seem to have been the first to cultivate oysters on any large scale ; and, as their experience may be valuable, I will y;ive a brief outline of their pror3 We ancliored some distance off what we considered the outer limit of the bed, and the same afternoon sent word around the bay to the residents who had shown interest in the affair, that tlie ba}' was to be examined. I wrote to the attorneys of those appearing by counsel and passed the word amongst the sloops. In short, we invited all we could find to be present during the examination. The next morning we set out in the whaleboat and dredged toward the fleet of sloops. My idea in regard to such investiga- tions is that men who devote their lives to dredging can make more trustworthy haids than amateurs, and moreover a " natural growther," being anxious to have the limits of a natural growth bed made ample would undoubtedly do his best in dredging ; yet he could not show more than there was ; while a man interested on the other side might be prejudiced to such an extent as to cover up something. As soon as we arrived among the sloops, I got some to luff up while I asked if I could get a passage for the day. The first one could not be spared ; but the " Osprey " was put at our disposal for all this day and the next ; and the owners, Messrs. Fred, and Henry Glasier did everything in their power to help us- I feel much indebted to Messrs. Glasier for their kindness ; and would say that I liave the highest opinion of their wish to be square in their dealings. As we entered the bay I counted six sloops at work in the deep water and thirty-one skiffs in the different shoal parts of tlie bay. It was a busy scene. I was informed that this was an unusally large number and that these men had all congregated to give me a wrong impression. But this has been refuted by others ; and my own observations obtained during several visits in the summer, have led me to believe that my informer was mistaken. The "Osprej^" took me to all parts of the bay I wanted to visit and gave me over a hundred dredgings. The result was an exhaustive examination. From time to time during the two days we dredged here we had many visitors representing the different factions and listened care- fully to all they had to say. The disposition of this bay has brought to light some interesting and curious features. For instance, several have made efforts to get franchises for large por- tions, say one man to get a fifth or fourth of the whole bay. Others have put in claims for small portions. Some are willing to SAvear the whole bay is a natural bed and others say it is not. 24 Report of Oyster Investigation One staked in about a fifth of tlie bay and some one else came along and staked liim in and moi'e too. Thus it has been that the question was not one to be decided upon at a glance, but only upon careful examination and mature deliberation. The dredge will show better than anything else whether the oysters " exist in paying qua^ntities," but in cases where a natural growth bed has been planted, it is often hard to tell where the " planting " stopped ; and in such cases evidence from interested parties is very admissible. "When this occurs it is generally claimed that the places planted were grounds upon which the natural bed had been depleted and upon which no one could make a living. There is a statute law which declares that the territory in Little Neck bay from low- water mark to a line running parallel to it 500 feet off shore shall be called natural growth and shall not be con- sidered available for planting purposes. This leaves very little of the bay that can be considered available, and of what remains the bottom is very soft and will probably require special preparation before the seed is deposited upon it. The general character of the oysters to be found in the bay extends from seed to those unusally large. The term " saddle rock" is now applied to very large oysters generally; but very few of those we get in restaurants under this name have ever had the honor of having the famous rock as a neighbor ; but the ." saddle rocks " are not all gone ; and in this bay may be found to-day many of this proud family. Then, too, there are often clusters of from five to twenty of these large fellows. The set during the past year has not been very fine and the evi- dence points to a not far distant time when this bay will be seriously the worse for wear. Advance notice was given to all interested in the sul^ject, and a meeting was held on November fifteenth, upon which occasion every one was invited to give his reasons for objecting to the pro- posed ruling, if he had any. Several spoke for and against it, and one old man in particular objected very strongly to the report of the engineer. He said he had been working in that bay continually for the past thirty years and thought his evidence should be given proper weight. Upon being asked for his opinion as to the limits of the natural growth, he gave, after his own fashion, a very detailed account of it, and AND Shell-Fish Commission. 25 wlien he had concluded was very much surprised to learn he had corroborated in almost every particular the engineer's report, which, by-the-way, he had never seen. Out of courtesy to some of the residents, you directed me to make another examination of a portion of the bay, claimed to be not natural growth. I followed out your instruction to the letter, though it was blowing from a moderate to a fresh gale and the boats had ice in them. The last examination checked the former one very nicely, and gave the planters the benefit of about fifteen acres more out of 1,500 acres in the whole bay. Another meeting was held, and those present expressed themselves satisfied with the decision of the Shell-Fish Commission. The northern limit of the bed is a line connecting the outer end of the government wharf at Willet's Point with the outer end of the Clay dock on Great Neck. All to the southward of this is natural growth, except a 750 meter square, having for its northern boundary the parallel N. 40'^ -47', and for its western boundary the meridian W. 73^-46', and not included between low-water line and a line 500 feet off shore from it. It is unfortunate for the oystermen in this bay that the sandbank in the southern portion is being so extensively worked. The water throughout the bay is so shoal that the scows in being towed in and out stir up a great deal of mud. Even without this, there are times when the water in the southern part of the bay resembles the Juniper water in the Dismal Swamp of Virginia. Smithtown Bay. During the summer of 1886 Smithtown bay was examined for natural growth. One spot was found upon which were a large number of oysters. They were buoyed in and gave evidence of planting ; but while we were examining it the feed pipe of the boiler burst, and we had to run to New York for repairs. In the meantime it was put down as natural growth. During the past summer I made a thorough examination of it, running lines of dredging back and forth over all the questionable ground. The only j^laces from which we got satisfactory hauls were where the ground had been strewn with scollop shells, gravel, deckers, etc. To these the oysters had clung, and a great many large single oysters were found clinging to small pebbles. There 4 26 Rep OUT of Oyster Investigation was no doubt about tlie fact that the ground designated as natural last year was a planted bed, and well planted at that. The ques- tion then arose as to whether there had ever been natural growth there, and if there had been, whether the planting was done only after it had been thoroughly depleted and abandtmed. A time of hearing was apppointed for November twenty-second, at which time no one appeared to advocate the natural growth side of the question. The only evidence for that side being an affidavit, brought some weeks before by a man who was either afraid or ashamed to put his own name to it, but who spoke against the planters, at the same time declaring he did not wish his friends of the other side to know he was appearing against them. The planters presenting the testimony of the most respectable men in the community, and the decisions of a court a few years ago, that the land was not natural growth, the Shell-Fish Gotnmissioner decided that the bay was open to cultivation. The Pines Bed. I have developed during the summer a small natural growth bed on the hard bottom which skirts the shore i]i the bight, between Oak Neck Point and Center Island reef, just off the " Pine trees " from which it derives its name. It has not been well-known or generally worked, but it contains a few very fine oysters, though not in very paying quantities this year. There is probably no bed in the State which varies more from period to period than this bed. Natural Growth Beds. The following circular was sent to all the principal newspapers on Long Island, with request to publish it. It was also sent to different supervisors and other prominent men with accompanying letters asking them to place it where it would do the most good : Notice to Oystekmen. In pursuance with chapter 584 of the Laws of 1887, I am caus- ing the natural growth beds of Oysters of this State to be surveyed and delineated. The law reads : * * * " He shall finish and complete the survey now being made of all the beds of oysters of natural growth located in the waters of the State ; and such beds of oysters of natural growth shall lie set aj^art and preserved, and shall not be deemed to be included in the lands for which franchises are to be sold under the provisions of this act," etc. AND Shell-Fish CoM3nssioN. 21" These natural beds are to be " set apart and preserved," so tliat anybody can go and tong or dredge upon tliem, but so tliat nobody can stake tliem up and keep every one else off. I would be glad to receive notice from those interested of the existence of any bed or beds known to them in the waters of the State, which are of natural growth. On the back of this sheet is a map on small scale showing natu- ral growth beds already surveyed. Very respectfully. EUGENE G. BLACKFOED, Shell-Fish Commissioner. The information given in the replies was very valuable and inter- esting, and resulted in the development of one more small natural growth bed ; but its greatest value was in showing that we had already made a most thorough examination. As it stands now, all the known natural growth beds under jurisdic- tion of the State have now been surveyed and are being finally map- ped. During the past summer you personally inspected a number of them, and of these I will not treat except in a general way. The Execution bed is still furnishing large quantities of seed and large oysters ; but the refuse material upon it acciimulated during the past years is simply shameful. I realize more and more that had you not caused the dumping of garbage to be stopped here, through the watchfulness of Mr. Joseph W. Mersereau, the State oyster protector, all the shell-fish would have been absolutely smothered. As regards the Hempstead bed, the north-west portion seems to have been the most popular part this summer ; and here I have seen, time and time again, a regular cloud of canvas belonging to oystermen. . The oyster fleet is a pretty one and can easily be mis- taken for a fleet of yachts ; which I have done several times. The boats are not fine in the sense used by yachtsmen ; but they are in the eyes of a man who follows the sea. The models are splendid ; the sails fit perfectly, and the handling of them by their skippers is beyond comparison. These men are born sailors, know every quality of their boats and use them to their best advantage. An oysterman can give you more " touch and go" points than almost any other sailor. I have seen them cross our bow, they on port tack and we on starboard, both close 28 Report of Oyster Investigation hauled, so close that their dinghy would come under our head booms. One of these oyster sloops had a race with the celebrated cutter " Bedouin," and beat her in a good breeze. They go fast and work like witches ; and they are kept scrupulously clean and tidy. A sailor proud of his profession should feel complimented if called an oysterman. In regard to Little Neck bay and the swash bed off Hoffman Island, I think they have been heavily worked also. All these beds I have mentioned, in fact, are having too heavy a load to carry ; and they will break down, so to speak, if something is not done to help them. Oyster Ground. The land under water to the northward of Whitestoue is gener- ally hard ; and the water over it averages about six or seven fathoms, except along Westchester county shores, where the bottom is softer and the water not so deep. A little eastward, and between Willet's Point, and Throg's Neck, the water deepens to from .ten to twenty fathoms. None of this is. very good oyster ground, except close along the shores ; owing to the immense amount of ocean traffic that passes through at this point. To the eastward of Throg's Neck, however, and between there and the limits of the natural growth beds of Little Neck bay and Elm Point, there is a good deal of land that might be taken up. The bottom is generally soft, though not too soft for cultivation. The depth of water varies from an average of four and a half fathoms in the eastern part of the bight, to about nine fathoms in the western. To the northward and eastward of Stepping Stone light, the water is generally deep and the bottom soft. This is also a highway for passing craft. To the westward of Barker's Point, and just outside of Manhasset bay is a plot of ground having the greatest depth of seven fathoms ; which is a little out of the track of traffic, owing to the jDosition of the shoal extending out to luioy twenty-three, known as the Gang- way Rock buoy. In tlie bight just to the westward of Sands Point, and to the south-eastward of the steamer track, are lands well suited for cul- tivation, and having a depth of from three to six fathoms of water. The water to the northward of Sands Point is rather deep for AND 811ELL-F1SH Commission. 29 planting except close along shore, and between Prospect Point and Sands Point ont to aboiit three-quarters of a mile. The ground immediately off Hempstead harbor of course is not available for planting, owing to the natural growth beds there ; but to the northward of Matinicock Point the greatest dej^th of water is nine and a half fathoms all the way across the sound. The turning point of the boundary line between New York and Connecticut is almost due north of Peacock Point. The water between has an average depth of from seven to eight fathoms. The land included between the meridians which pass through Peacock Point and Oak Neck Point is very well adapted. The eighteen foot curve here is about half a mile from high-water mark. From there to the seven fathom curve is nearly half a mile more. Beyond this the depth varies to nine and a half fathoms. Most of the bottom is soft, but not very soft. In the bight between Oak Neck Point and the end of Center Island reef, all the ground except that indicated as the Pines Bed is avail- able for planting. The average depth is from four to five fathoms. From this line out to the State line, the water gradually increases in depth to ten and a half fathoms ; but very little of it is deeper than eight fathoms. There is some hard bottom off Center Island Point, but it is very rocky ; and it is an open question as to whether much could be cultivated to advantage. Between the end of Center Island reef and Lloyd's Point, the general depth of water is from four to seven fathoms ; but there are a few holes with a depth of from ten to eleven fathoms. These however, are well in the southern part of the bight. The ground directly to the north of Center Island reef is com- posed generally of soft bottom ; and varies from five to eleven fathoms out to the State line. The tide runs here about three- quarters of a mile an hour. The ground included between the meridians passing though the end of Center Island reef and of Lloyd's Point, the line adjoining these two points, and the State line, is generally soft bottom with a depth of from eight to nine fathoms in the southern portion, and increases to from eleven to thirteen in the northern portion. The Lloyd's Neck bed is on the meridian passing through Lloyd's Point. The shoals off Lloyd's Neck extend on an average half a mile off shore. A good deal of the bottom is hard for about go Report of Oyster IN'VESTIGATlo^' two miles oft' shore. Beyond this out to the State line it is soft. The land oft" Lloyd's Neck is particularly valuable. To the northward of the Huntington bay limit line, and out to about one and a half miles, the average depth is from five to seven fathoms. Beyond this it increases to sixteen fathoms near the State line. Between Eaton's Point and the Eaton's Neck bed there is a long shoal extending, and between the shoal and the bed the depth is from three and a half to seven fa,thoms ; the bottom is hard in many places and pretty vv'ell covered with rocks. To the northward of Eaton's Neck bed the water runs to a depth of twenty fathoms, and the changes in depth in this vicinity are quite rapid and wide. The current attains a velocity of one and one- half miles per hour. In the bight to the eastward of Eaton's Neck and west of a meridian through the first lowland to the eastward of East Beach, the character of the ground is quite varied. Fol- lowing the shore from Eaton's Point to the end of East Beach the five-fathom curve is found to h& about three-fourths of a mile off shore. The southern portion of this lught is generally soft while the north-western part is hard. On this hard bottom, however, the star-fish seem to thrive particularly well, as a great many of the oystermen in this vicinity have found to their sorrow. Between the three-quarter-mile curve, the State line and the above-men- tioned meridians, the depth of water gradually increases to fifteen fathoms at the northern limit, with one deep hole of sixteen fathoms near the middle. The bottom is generally soft but very good. The shoals from here on to Nissequague river extends auj^where from half to one mile oft" shore. They are generally composed of hard sand, with a few scattered rocks, and are not adapted for cultivation for the reason that the heavy seas in winter rolling in upon them with accumulated force break with great violence and create such a commotion that the sand on the bottom is stirred up and shifts its position. If oysters were planted on this ground the probabilities are that during the first winter season they would be smothered by sand. A little ways beyond these shoals, however, and off shore, there are fine lands. Off Crab Meadow the bottom is generally soft and the depth of water runs from seven to sixteen fathoms at the State line. Most of it, however, is within the ten-fathom curve. Oft' Kidd's Money Hole and l)eyoud the shoals there is a good deal of hard bottom in from five to eiu'ht fathoms. AND Shell-Fish C'omihssion. 31 Further off shore the bottom is soft and the depth increases to nineteen f atlioms near the State line ; but it is within eleven fathoms most of the way out. The shore of Smithtown bay is bounded by shoals out to from five-eighths to seven-eighths of a mile. These shoals are composed of hard sand, and are covered in many places with small and large size rock. The bottom of this bay is generally soft, though not very soft, and the general average of depth is eight fathoms. The nine- fathom curve will run nearly west from Crane Neck Point. From this line to the State line, the bottom is nearly all soft, and has a varied depth of from nine to nineteen fathoms. The grounds to the northward of the bight between Crane Neck and Old Field points are generally hard for three-fourths of a mile ; and the greatest depth is eight fathoms. Beyond this it is generally soft, and has a variable depth of from ten to twenty fathoms. Between Old Field Point and Mt. Misery Shoal there is a variable depth of from three and one-half to eight fathoms of water. It is generally soft and in the portion of Old Field Point there are a good many rocks. To the northward of this the water is very deep until one reaches the vicinity of Stratford shoal to the southward of which there is some soft and sandy bottom with the least water of about seven fathoms. Between the meridian pass- ing through the entrance to Port Jefferson harbor and the one through Miller's Landing the character of the bottom is varied. Most of it is soft and composed of brown and black mud mixed with sand. The current here attains a velocity of two miles an hour. The average depth off shore is about fifteen to twenty fathoms. The ten-fathom curve is about one and one-half miles off shore. Along the shore to the eastward of this as far as Hallock's Landing, the shoals extend one and one-half miles out ; and it is not very good for planting on account of the tendency of the bottom to shift. A little to the northward of the shoals, there is a patch ot hard bottom in from three to eight fathoms of water. This extends about a mile further oiit. From there to the State line the bottom is generally soft and the depth varies up to twenty-two fathoms. Between Hallock's Landing and the mouth of Wading river the shoals do not extend more than three-fourths of a mile; and beyond them there are several strips of hard bottom in from five to eight fathoms of water extending about a mile. Beyond these 32 Report of Oyster Investigation tlie water is very deep, running from ten to twenty-two fatlioms witli a general average of about twenty fathoms. Tlie Herod's Point shoal extends two miles off shore ; and, although the bottom is hard, is not very good for o3'-ster planting. Beyond this the water deepens rapidly, and has an average depth of nineteen fathoms. The current retains a velocit}" of nearly two miles an hour close to the end of the shoal. There is a bight between Herod's Point shoal and Koanoke Point shoal, in which there is a good deal of hard bottom, and the depth is not over twelve fathoms. A good deal of it is in less than eight fathoms. This is in the western portion of the bight. To the northward of the line between the buoys on these respective shoals the water deepens rapidly to from fourteen to twenty-three fathoms, with a general average of about eighteen fatlioms. The shoal off Roanoke Point extends one and three-quarters miles from shore. The ])ottom beyond is generally soft, and aver- ages sixteen fathoms. Just off* Old Landing, and to the north-east- ward of Roanoke Point, there is some hard bottom in about four fathoms of water. This extends about one and a half miles off shore. The shoal off Jacob's Point extends about one mile off shore. The water deepens rM]3idly, with a general average of thirteen fathoms. Almost due north of Jacob's Point, a distance of six and a half miles, there is a patch of hard bottom in fourteen fathoms of water. Off Jacol:)'s hills the shoals do not extend very far, and the depth of water for about two and a half miles does not exceed nine fathoms. Most of the bottom is muddy, but some of it is black sand. Beyond this, and out to State line, the average depth is about thirteen fathoms. The bottom is composed of brown sand in some places, fine gray sand in others, and out near the State line hard sand in about fourteen fathoms of water. Between Jacob's hills, Duck Pond Point and the lines parallel to these points, distant one and a half miles, the depth of water does not exceed nine fathoms. Close in to shore it is from four and a half to seven fathoms. A good deal of it is hard, most of it being composed of sand and l^roken shells. Due north of this last line the l)()ttom is ([uite level, and the depth averages about thir- teen fathoms. The bottom is nearly all hard. The shoals between Duck Pond Point and Horton's Point extend one mile off shore, after which the depth increases rapidly to AND Shell-Fish Commission. '^'^ thirteen fathoms, and then gradually to twenty-four fathoms ; then slowly dnninishes to twelve fathoms near the State line. Between Horton's Point and Inlet Point there is a good deal of hard bottom, with an average depth of from eight to ten fathoms. The hard bottom extends off shore about two and three-quarters miles, and is bounded by the fourteeu-fathom curve. The depth of water beyond this is as great as twenty-eight fathoms in some places. The six-mile reef which has least depth of three and one-quarter fathoms is mostly within the Connecticut waters ; but a small por- tion of the eastern corner extends into our waters and has hard bottom. The currents along here are very strong and it would require a very heavy dredge to work successfully. Between Inlet Point and Rocky Point there is a narrow strip of hard bottom in shoal water, but extends very little past the line joining these two points. Beyond this the water deepens rapidly and the current is very strong. Between Kocky Point and Terry's Point and to the southward of Orient shoal, there is a bight of hard bottom with an average depth of four fathoms ; but with the exception of that part close in shore, the current is very swift. Just to the northward of Orient shoal the bottom is composed of hard sand and the general depth is about eleven fathoms. Between Terry's Point and Mulford's Point there is a little of shoal water, extending from a short distance off shore about a quarter of a mile. The current here is very swift. All to the northward of this the bottom is very deep and the current very swift. Between Mulford's Point and Plum Gut the water is deep even close in shore. Some places here have a depth of thirty-nine fathoms. The only exception to this is close in shore at Petty's bight where there is some land with five fathoms of water over it. The most available lands for planting are off Little Neck bay, to the northward of Oak Neck, and in the bight to the eastward of Oak Neck Point, at the mouth, of Oyster bay, particularly to the north-westward of the mouthof Huntington bay, off Kidd's Money Hole and in Smithtown bay. There are some splendid gravel beds on the shores of the sound which would furnish very large quantities of cultch. The best ones are to be found just to the eastward of Crane Neck and around Old Field Point, off Mattituck hills and about Rocky Point. 5 34 Report of Oyster Investigation The results from tiu used as cultcli have not beeu successfuL In the Chesapeake bay, small trees with the branches and twigs left upon them have been found very servicable for catching the set. The ice in Long Island sound would prevent, to a great extent, their use in the same way as in southern waters. Nevertheless, a modification of this ]-)lan would be, in m}' estimation, of value. We all know that the young oysters or fry, do not float near the bottom alone, but tlrroughout intermediate depth* also. Experiment has proved that tiles suspended in the water are covered on the under side as well as on the upper. The cultch now used serves only as a collector for the strata at the bottom. If we had some cheap method of having collectors for other strata, a much larger set would result. Now, if a lot of dead bushes were weighted with stone and hove overboard, they would present a very large surface for very little cost. I have noticed that the oystermen are sometimes late in prepar- ing their grounds for the set, and then think the season has not Ijeen a good one. I would advise them to rake their grounds thoroughly during the very first part of the spawning season, and not delay it. I have in mind some cultivators who did not com- mence to rake their grounds until the middle of August last year, and found themselves too late, while some of their neighbors, who commenced the first part of July, had magnificent sets. There are a good many oysters to be found just inside the mouths of such rivers as the Nissequagua, Stony brook, etc., which are not suitaljle for table use. They are long, tliin, and generally found in thick clusters. They are called by some "Rac- coon oysters," and have often been considered valueless. But they make splendid spawners. If a man is shelling a piece of ground and decides to put some full-grown oysters amongst them for the purpose of securing a fair amount of spawn, he can not do better than use these compara- tively valueless clusters of "Baccoon oysters." Besides giving forth a good deal of spawn, they form a barricade for the inner layers against the star-fish. The stars can not reach the ones in the center, and even if tliose outside are eaten up, the other ones will carry on operations in defiance of all enemies. Mr. N. I. Qvigstad has acted as recorder and first mate. It is hardly necessary for me to reiterate what I have already said as AND ShblE-Fisji Commission. 35 to liis attention to duty and interest in the work. He has learned the use of the sextant and has given me valuable aid in this way. He deserves credit for the neatness and cleanliness of the vessel during the summer, for his sketches, which will add largely to the completeness of the records, and for his general usefulness to the survey. I wish to express my thanks for the many ways in which I have been assisted by Mr. Archibald Young, Jr., and Dr. J. E. DeMund, of Bath Beach. These gentlemen went along with me last sum- mer, and helped me in my work, purely out of good nature. I hope that Mr. Edward Thompson and Mr. John Arthur, of Northport ; Judge J. Lawrence Smith and Mr. Darling, of Smith- town ; Dr. O. L. Jones, of New York ; Mr Godfrey, Port Eaton, and Messrs. Charles H. and Alexander Bell, of Bayside, will accept my thanks for their many courtesies. We are indebted to Mr. Glasier, of City Island, for the specimens of set, of which the accompanying photograph is an example. These set came from deep water where the oysters do not grow as rapidly as in shoaler places. The following is a statement of expenditures of the engineer's department for the year ending November 30, 1887 : Salary of engineer and pay of crew $3 , 698 04 Maps, drawing material, printing, etc 502 16 Field expenses 645 23 Office expenses " 357 82 Miscellaneous 114 60 Total $5,317 85 I wish to close my remarks with expressions of my appreciation of the wa^^ in which you have facilitated my work. I know that your deep interest in the subject, and the trouble you have taken already would naturally cause you to wish for suc- cess, but the time and pains you have spent upon it, not to speak of the hundreds of dollars you advanced to carry on the work at a time when their return by the State seemed doubtful, have put such spirit into my department that I can not but feel grateful. Very respectfully. W. G. FORD, Je., B7igineer. Report of J, W. Mersereaii, State Oyster Protector. No. 80 Fulton Market, | New York City, November 30, 1887. j Eugene G. Blackford, Esq., Commissioner of Fisheries in charge of Oyster Investigation, New York : Dear Sir. — I liave the lionor to transmit herewith the report of the State oyster protector for the year ending November 80, 1887. Very respectfully. JOS. W. MERSEKEAU, State Oijster Protector. No. 80 Fulton Market, \ New York City, Novemher 30, 1887. j Eugene G. Blackford, Esq., Commissioner of Flslieries in. charge of Oyster Investigation: Dear Sir. — I respectfully submit the following report of my operations as State oyster protector for the year ending Novem- ber 30, 1887. Since my last report, in accordance with your directions, I have reported daily at this office except on the dates hereinafter men- tioned, viz. : December 25, 1886, January 1, 1887, February 8, 1887, July 1, 1887, and November 8, 1887. I have been on duty only part of a day on the dates hereinafter mentioned, viz. : January 18 and 19, 1887, February 22, 1887, May 30 and 31, 1887, and November 21, 1887. On all other days from November 30, 1886, to November 30, 1887, inclusive (except Sun- days), I have been on dut}^ all day subject to your instructions. I have conferred with you in respect to the execution of the various duties appertaining to this office, and have acted in accord- ance with your directions. I have frequently visited and examined various localities, espe- cially manufacturing districts, and those points from which the pol- Oyster Investigation and Shell-Fish Commission. 37 lution of the waters might be expected. In making inspections, I have used steam tugs or such other method of travel as would best serve my purpose to reach the desired locality. The particular time of the tide, hour of the day, and time of the week, being selected as would be most advantageous to detect the emission of deleterious matter from the respective establishments, and best evade the lynx-eyed watchmen at the several points, part of whose duty seemed to be to observe my arrival and movements. I therefore visited suspected points at irregular intervals, some- times twice a day, or several days in succession. I would then inspect a distant point without notice to the j)arties as to my intended visit. In this way I endeavored to render the emission of refuse, hazardous, and found the scheme worked well. I am pleased to report that during the year past there has not been a repetition of the offense of dumping garbage in the vicinity of the oyster beds in Long Island sound. The salutary effect of the successful prosecutions of this class of offenders in the courts of Westchester county, has given a quietus to the indiscriminate dumping of garbage upon oyster territory in that section, I am pleased to state that our efforts in above matter were efficiently supported by District Attorney Nelson H. Baker and other officials of Westchester county. I have written to District Attorney George Gallagher, of Richmond county, as to the status of the three (3) cases (indictments of oil refiners) in said county, and he reports the cases to be yet pending. In justice to the indicted parties I must say that since the indict- ments were obtained there has been an earnest effort upon the part of oil refiners and other kindred manufacturers, Avhose works are located on the shores of the Kill von KuU and Staten Island sound, to reduce the volume of obnoxious effluents from their respective establishments to a minimum, by perfecting the methods of arrest- ing the outflow of refuse by the construction of new and additional safeguards, as hereinafter particularly mentioned." The following extracts are from the report, in 1886, of Walter H. Kent, Ph. D., chemist, to Andrew Otterson, M. D., commissioner of the department of health of the city of Brooklyn, relative to the emission of sludge acid into Newtown creek, and which is perti- nent to other localities : " As bearing on the subject in hand, a word on the method of oil refining, with regard to the origin and nature of sludge acid and other refuse, may not be out of place. ;:J8 Repout of Oyster iNVESTrciATiON' " Tlie method of oil refining is in tlie main a process of fractional distillation, and tlie portion distilled off between such and such temperatures are in turn discharged into the tanks provided for naphtha, gasoline, kerosene, etc. In the retorts there remains a tarry substance containing the paraffine, which is finally withdrawn and either sent to the parafhne works or mixed with coal dust and burned as fuel for heating the retorts. The kerosene, as it comes from the stills, needs further treatment to deprive it of its dark color and of the adhering volatile substances which tend to make it dangerous to burn. To deprive it of its dark color it is mixed in the ' agitator ' with concentrated sulphuric acid 66 B. (sp. gr. 1.84) and thoroughly agitated by forcing air into the mixture. The strong acid has the property of taking from the kerosene the color- ing or tarry matter, which, with the acid, forms a black, heavy liquid, known as sludge acid. It readily separates from the lighter kerosene, and is run off into tanks where the small amount of adhering kerosene further separates, after which it is transferred to the storage tanks. This waste acid has some peculiar proper- ties. The tarry and carbonaceous matters held in solution very soon act as reducing agents on the sulphuric acid, forming sulphurous acid by a reaction like the following : " Ho S O4 + tarry substance = S O^ + H. O (from the H^ S O4) -j- H.2 O and possibly C O (from the oxidation of carbonaceous matter). Very naturally the extent of this action varies with the temperature. In winter it is claimed to be slight, while in summer it becomes very offensive, undergoing, as the workmen improperly term it ' a process of fermentation ; ' but which is only an ordi- nary case of reduction. The suffocating and irritating gas of sulphurous acid is the gas which gives to burning sulphur its characteristic odor. If mixed with a small amount of water of steam, the heat engendered by the action of the water on the sul- phuric acid assists in the action of reduction. " When discharged into water, the sulphuric, acid so far as it comes in contact with the water, is taken up and, of course, forms a clear solution, while the tar, with the large amount of acid it contains, forms a semi-solid mass which mostly falls to the bottom. The tar is insoluble in water and when thoroughly freed from acid forms a wax-like, nearly solid mass. "The sulphurous acid is also dissolved or absorbed by the water. After withdrawing the last portion of sludge acid from the agitator, AND (SiiELL-Fisn Commission. '?,{) the kerosene is freed from acid so far as possible by washing with large quantities of water ; then to secure the removal from the oil of the last traces of acid, it is agitated with a relatively small amount of caustic soda and further washed. " The amount of acid the wash-water contains depends on the care with which the last portion of sludge acid is withdrawn ; but by the present method of working a small amount of acid here finds its way into the creek. " The question of removing this acid by neutralizing in some properly constructed tank needs, I think, further attention. The wash-water is freed from the small amount of oil it contains by allowing it to pass a sj^stem of ' traps ' or tanks (see second annual report of the State Board of Health, page 387), where the oil is retained, and from which the wash-water is discharged into the creek. " Here is the general source of the oil which is often found on the creek. I have obtained samples of the wash-water as it was being discharged into the creek, and generally find that on standing in the laboratory more or less rises to the surface. The efi'ect of oil on the creek is to increase the danger of fire, to kill the grass on the shores, and to give the shores a dark greasy appearance. It is also said that the oakum calking in boats plying on the creek very soon degenerates so as to cause a leaking. This is readily under- stood from the action of the oil. Oil is a solvent for tar, and as oakum is finely divided tarred rope, the tar is removed by the oil and the structure of the oakum is thereby weakened. " It having been asserted on the strength of a supposition that the waste acid has run into the creek by underground pipes which terminate and discharge somewhere in the bottom of the water, it was very soon concluded that any amount of insjjection by watch- ing along the creek would probably be entirely futile in discovering any offense under cover of such ingenious schemes. It was evi- dent that if I could ascertain the amount of fresh sulphuric acid used for a given time, and obtain a statement of the amount of sludge acid sent to sea or elsewhere for the same period of time, I would be able to calculate the relation between such amounts and ascertain, approximately at least, whether the fresh acid used was accounted for in the amount of sludge acid disposed of. Hence I concluded to extend my efforts in this direction to find what facilities the refineries had for storing and disposing of the sludge 40 Report of Oyster Investigation acid, aud to do what I could by sncli facts as could be obtained by open inspection. " Sucli a method wonld lead to results expressed in figures which might indicate whether the acid used was delivered to the boat in the form of sludge acid. That this method involved cer- tain possible eijors was readily seen, but it seemed to form a basis for a procedure from which there might be hopes of eliminating the errors to such an extent as to give satisfactory results. " During this investigation, involving as it has many inspections, I was led to think from the uniform courtesy which I received, the fairness on the part of those whom I met, the facilities at hand for the disposal of the sludge acid and the apparent thoroughness of the work, that there was not ground for serious complaint ; and it was not until the results in the above table were obtained that unsatisfactory indications were shown. The elaborate table of statistics above referred to is not here introduced, but suffice it to say that from the various refineries therein enumerated only the following respective percentage was accounted for, viz. : 93.8, 69.5, 71.5, 842, 74.3, 78.0, 92.5 and 96.5. " In seeking an explanation for these low results among the com- panies concerned, it was ascertained that some have been using the sludge acid for fuel. To do this the acid is partly freed with water and the resulting tar mixed with coal dust and burned under the retorts. The acid, freed by the means of the water, finds its way sooner or later into the creek. " In a subsequent report Mr. Kent says : " Since my former report I have again inspected those refineries located on Newtown creek. Their condition is ap23arently the same as represented in my previous report ; and as there shown, there is a large percent- age of acid still unaccounted for. Whether this will be found in the wash-water from the agitators, or in the portion reduced and vaporized, or disposed of in some way still unknown, further inspection is necessary to show." In addition to the system in vogue with oil refiners of trapping the wash-water from the agitators (alluded to in the aforesaid report of Mr. Kent), some refiners have constructed large tanks into which the water from the agitators and condensers is pumped aud allowed to rest, which quiet affords an opportunity for such oil as may be mingled with soda wash-water to separate. This oil is here collected and pumped back to be utilized. The remaining AN^D Shell-Fish Commission. 41 water is then cliscliarged into the elaborate system of "traps," and an effort is here again made to arrest the outflow of such oily mat- ter as may not have been caught by the previous process. The " traps " are under the constant surveillance of operatives, who either bail or pump off the accumulation of oil floating upon the surface of each trap ; the water escaping, in the meantime, under- neath. The earth is completely saturated with oily refuse at an oil refining plant. A system of drainage has been found in some instances to be efficacious in collecting such sepiage and oily mat- ter, and conducting the same to a large well or receiver, which is " trapped," and from which the oily matter is pumped away to be utilized. Suspicious outlets have been closed at my direction. Notwith- standing the care taken to prevent the outflow of oily matter, nevertheless certain localities would constantly show the presence of oily refuse. Upon examination, it was believed to be due to sepiage. At my request, blanketing has been resorted to, and the refuse in this way collected from the slips and thus prevented from escaping into the stream. The refineries accumulate a vast amount of ashes and cinders which they use for filling in purposes ; the refineries of this section being located upon the banks of streams and in many instances upon marshland, the cinders are utilized in filling in bulk-heads or in raising the elevation of the grounds. The porosity of this fill- ing allows the enormous quantity of oily refuse to percolate freely and ultimately reach the banks of the stream, and pollute the water of the vicinity ; if the refuse is not collected by blanketing at this juncture, it being then subject only to the force and direction of •the wind and current, it is carried far away on its evil errand. Sludge acid and kindred refuse has been also, in many instances, used for filling in purposes and being subjected to the varying conditions of frost, heat and rain adds to the accretions of leaks from the many underground pipes. All this accumulation of oily matter naturally follows the underground currents, and is finally emptied at the banks of the stream, and then appears upon the surface of the open water. The loss of oil from the leakage of underground pipes is a mat- ter of serious importance, not only as to the ultimate pollution of the stream as hereinbefore shown, but as a serious loss to the oil refiners. Some of the refiners at Bayonne are taking up their 6 42 Report of Otsteb Investtgatton undergroiTiid pipes and intend to have all tlie oil pipes in their yards above ground so that a leak can be easily observed and cor- rected. This must, to some extent, tend to improve the condition of the streams. I have noticed that after lieav}^, drenching rains the river in the vicinity of the oil refineries presents a revolting spectacle of oily refuse washed from the oil j'^ards. It might not be easy to con- vince the casual observer, but that the oil refiners had intentionally discharged refuse into the stream. The system of drainage hereinbefore indicated will operate as a check to the outflow from the cause last mentioned. Frequent ius]:)ections of the suspected localities have resulted in the aboli- tion of the former practice of discharging sludge and hea\y refuse into the stream in the vicinity of the refineries. Some of the sludge acid is carried to sea by steamers specially adapted for the purpose of receiving and discharging the same. Some of the refiners manufacture a weak acid from the sludge which they sell to manufacturers of fertilizers ; while some refiners sell the sludge direct to the fertilizing companies. In other instances as aforesaid it has been used for filling in about the oil plants. The other residuum of heavy refuse, tar, etc., is used by the parafline works, gas works, and to some extent for fueh Thus the accumulation of refuse can be disposed of in various ways without detriment to the public, and especially to the fish and shell-fish industr}^ Another prolific source of trouble is the pollution of the waters which comes from the discharge of the contents of the " water bal- last tanks " of the oil ships at the wharves, when about to receive their cargo of oil at the refinery. It has been the custom to load many large vessels with oil for foreign markets. Much more oil is now carried in bulk in tanks (instead of barrels or cans) than formerly. When these tank ves- sels discharge their cargo abroad, it is customary to pump water into certain lower tanks for ballast for th(^r return to this jjort. When about to load these vessels at the refineries the water bal- last (the contents of the tanks) and the bilge-water is pumped out and discharged into the stream. Owing to leakage from tanks the said ballast water and bilge water contain a certain accumulation of oil which has hitherto been discharged into the stream. One of the superintendents of the Standard Oil Company said AND Shell-Ftsh C03IMTSST0N. 43 that tliat company would arranf^e so that the oil from tank vessels could be pumped into a receiving tank at the oil yards and utilized instead of being as heretofore discharged into the stream and wasted. While it may be impossible to so conduct an oil refinery as to prevent the outflow of the slightest trace of oil, yet much has been accomplished and I think better results can be obtained. Some refiners have informed me that although the erection of several tanks (to hold wash-water for rest and oil separation) has cost them $750 each, they are not at a loss thereby, as experience has shown them that they collect mau}^ hundreds of barrels of oil per month which heretofore they discharged unknowingly into the stream with the wash-water, not thinking that the percentage of loss was as great in this direction as has been shown to be the fact by collecting the oil from the rest tanks as hereinbefore indicated. Another source of pollution of the streams with oil exists in the matter of an oil pipe which belongs to the Tidewater Pipe Line Co. This oil pijDe extends from New Jersey across the extensive natural oyster beds in Staten Island sound to a point on Staten Island, thence across meadow land, thence to the flats opposite Elizabethport, N. J., thence across the channel between Staten Island and New Jersey, thence across Newark bay to the main- land, thence to Bayonne, N. J. This pipe has broken several times during the past year covering the water of the section with great quantities of crude oil. In one instance the vast quantity of oil from said source covered the main stream (where passenger steamers and vessels of various classes navigate). By some means it became ignited ; the river in the vicinity became a sheet of raging flame and a large schooner lying out in the stream was completely enveloped by the flames upon the water and destroyed, being burned to the water's edge. The vessel was valued at $10,000 which amount, I am informed, was recovered from the Pipe Line Co. I ain informed that the aforesaid company has authority from the State to construct said pipe line. The universal testimony of the users of the Kill von Kull and Staten Island sound is to the effect that the condition of the streams during the past year has been much better than for any like period since the establishment of the oil refineries and kindred establishments along the shores of said streams. 44 Report of Oyster Investigation Your attentiou is respectfully asked to copies of several com- mendatory letters upon the foregoing subject received from various classes of citizens using said streams, wbicli matter is appended to this report. I have frequently inspected Newtown creek. It also appears to better advantage this year than formerly. While frequent inspec- tion of this section has rendered the reckless discharge of refuse hazardous, it is but just to say that the various oil refineries there located are under the same general control and management, as are the large oil companies located at Bayonne, which influence must be credited to some extent with much of the improvement observed. I noticed that the glue works located on the Kings county side of Newtown creek, near Maspeth avenue, was discharg- ing much refuse into the creek. The discharge colored the water for a considerable distance from the outlet and also precipitated a heavy deposit. I obtained several sam- ples of the discharge, and also samples of the deposit were taken from the bottom at mouth of outlet. I notified the parties ; they subsequently called at this office and agreed at once to begin the construction of large vats in which the waste wash-water is to be allowed to rest and settle ; the clear water then to be discharged. There are many public sewers carrying the miscellaneous accumula- tion due to the populous cities of Brooklyn and Long Island City, which sewers empty their contents into the creek ; consequently the creek can not be expected to be as completly free from pollution as it was in the earl}- days of the "oldest inhabitant" when his neighbors were few and the present numerous industries were undreamed of. Most of the available space on either side of the creek (as far as navigation extends) is now occupied by manufac- tories of various kinds and frequent inspections are required to restrict the emission of refuse. Gas-works have also been a prolific source of trouble. The refuse emitted therefrom being very similar to the refuse from oil refineries, and not less disastrous to oyster interests. In some instances the volume of the pollution exceeded that which would be observed at an oil refinery. The slips and river in the vicinity of gas-works have been observed to be covered with a heavy tarry and oily refuse which being subject only to the force and direction of wind and tide, the AND Shell-Fish Commission. 45 pollution is carried to distant points. The gas-works near tlie head of Gowanus creek were found to be emitting refuse. Samples were obtained, and the parties notified to discontinue the emission of gas refuse into the creek. Tliej said, in reply, that they had constructed safeguards against the emission of refuse, and if any had escaped, it was due to the negligence of employes and that greater care would be taken in future. The gas-works at foot of Hudson street, East river, Brooklyn, were found to be discharging much foul matter ; upon a notice being sent to the parties, they said that they would cause an examination to be made, and arrest the outflow of refuse from their works. I have since frequently inspected the dock front of this company and have noticed nothing of a foul character flowing from the outlet at which I had obtained several samples of refuse previous to said notice. At the works (two plants) of the Consolidated Gas Company, and at the works of the Equitable Gas-Light Company of New York, I observed that much refuse matter was being discharged into the river. Both companies were warned to stop the .emission of refuse from their gas-works into the stream. The offense continued. I there- fore presented complaints to the grand jury of the county of New York, and noted sixty-three (63) samples of refuse which I had obtained, each bottle being particularly marked as to exact locality, date, etc., and with such further inscriptions as were suit- able to the case, as "hot discharge," "bottle held at outlet," "pro- fuse discharge," "steaming," "vapor j)ainful to the eyes," "surface at point of contact of effluent," " incrustation of dock at outlet," "deposit taken from bottom at outlet," etc. The Consolidated Gas Company and the Equitable Gas Light Company were indicted upon aforesaid complaints. Three indict- ments were obtained; two against the Consolidated and one against the Equitable Company. I have obtained many samples of refuse emitted into Flushing bay by the dye-works at College Point. The water of the bay is at times colored crimson, blue, green, yellow or black, as the case may be. The shell-fish upon the banks of the bay were found to be rotten, poisoned by the sul- phuric acid and refuse emitted as aforesaid, which not only kills shell-fish by contact, but also operates in changing the character of the vegetation upon the bottom, thus affecting the supply of food for fish and shell-fish. 46 Report of Oyster Investigation Several complaints have beeu made to this oiSce iu respect to the emission of said refuse. I investigated the matter, and learned that the parties did not discharge their refuse from their works directly into the bay by means of a private outlet, but that they used the public sewers, and had permission from the village authorities to do so. I then wrote the president of the village as to the facts of the case, and asked for their aid in eradicating the evil. I have received no response to my letter. Several applica- tions have beeu received from dredging companies to have some suitable point in the deep water of Long Island sound (within the limits prescribed by chapter 300, Laws of 1886) set apart for depositing dredging of slips. Certain contractors desire a similar privilege extended to them to deposit cellar dirt and other earth. I have written to the Attorney-General of the State as to the mat- ter, and have beeu by him referred to the district attorney of the particular county to be aidfected by such deposit of aforesaid material. Upon the advice of such district attorney, I protested against the deposit of the aforesaid material as proposed. The existing law on the subject directs that aforesaid material shall be deposited al)ove high-water mark, or behind a safe bulk- head, or at a point to be designated at sea. Oystermen com})lain that under the cover of night dredgings from slips and other refuse is deposited near and upon oyster grounds to their injury. Steam dredges are continually operating in and about the slips and water-ways of this section. The vast accumulation of material from this source, together with sand, mud, earth, cellar dirt, stone, ashes, cinders, ballast, or other heavy substances of various descriptions obtained from and about the lai'ge cities of this sec- tion, aggregates into an enormous volume. The numerous scows laden with above named materials are towed from their base of operation at day or night, as the tide may suit. It is not an uncommon sight to observe scows laden with dredg- ings being towed during the day to some convenient point and made up in tows, the cargoes to be dumped at night. The indis- criminate dumping of mud dredgings from slips materially injures the harbor. I liave not personally observed such illegal dumping. Boatmen have informed mo that while navigating New York bay and Earitan bay at night they have been sufficiently near tows of aforesaid character to hear the operation of dumping. In no AND Shell-Fish Co3imission. 47 instance did tliey obtain sucli evidence as would specifically fix the offense upon any particular party. In some instances the tug towing the scows at night violated the law by not having lights set. This, of course, was to prevent detec- tion. In some" instances it is believed that the offenders pro- ceeded from the slips at Perth or South Amboy, or other points in New Jersey. The recent establishment of the State boundary line in Raritan bay, and the marking of the same by a line of buoys, will be of assistance in determining the location for future offenses of afore- said character in that vicinity. It is also of great importance to the fish and shell-fish industries, as it will settle the vexed ques- tion as to the limits of the respective jurisdiction of the State of New York and State of New Jersey as to the extent of oyster and clam territory in that section. The boundary line^decided upon redounds to the credit of the commissioners charged with the work. It will give general satis- faction, and can be accepted upon the part of both States upon the full assurance that equal and exact justice has been done to all interests concerned. The rej)rehensible practice of dumping in the harbor in disregard of certain bounds and limits could be stopped as effectively as in the matter of dumping at Execution light, Long Island sound, last year, if the proper actions be taken. I would respectfully renew and amend my suggestion in my last report, " That to abolish the nefarious practice aforesaid, the present success of which is mainly due to its being done under the cover of night, would be to enact a law forbidding the dump- ing of garbage, dredgings and other refuse matter into the waters of this section, except in the daytime, at certain points to be designated. This would have a signal effect in correcting the evil complained of, and also to impose upon the offender a heavy fine ; and allow any citizen to become an informer ; and entitle such citizen acting as an informer to an equitable proportion of the fine, after the cost of prosecution be first deducted from the fine imposed. Upon the New Jersey shores of the Hudson river, New York bay, Kill von Kull, Staten Island sound and Raritan bay, are located many oil refineries and kindred establishments emitting refuse into the said waters; dredging from slips, and other refuse from the State of New Jersey, is deposited into the waters of the 48 Report of Oyster Investigation State of New York to the injury of the oyster industry and otlier important interests." I would, therefore, suggest that a conference be had between the hiw making ])owers of both States aforesaid, to the end that each State enact a hiw of like tenor and purport to remedy the aforesaid evil. To guard efficiently the vast territory comprising a part of Long Island sound, East river, Hudson river, New York bay. Kill von Kull, channel between Staten Island and New Jersey, Staten Island sound and Raritan bay, is a Avork of no small character. The small appropriation allowed for this purpose precludes the possibility of such supervision as the importance of the great oyster industry demands. Summary for the Year ending September 30, 1887. Days on -which I reported for (bxty 308 Days on which I remained on duty all day 302 Days on which I remained on duty only part of a day .... 6 Days on which I did not report for duty (not including Sundays) 5 Suits pending in Richmond county 3 Suits pending in New York county 3 Inspection still in progress. Salary. Balance available on November 30, 1886 $500 02 Amount ap})ropriated in June, 1887 (chapter 195) 1,000 00 $1,500 02 Amount received for year ending November 30, 1887. . 1,000 00 Balance available for ensuing year $500 02 For TrdveVmij and Incidental Expenses a)id Assistant Balance available on November 30, 1880 $468 15 Amount appropriated in June, 1887 (chapter 195) 750 00 $1,218 15 Amount disbursed for year ending November 30, 1887, 390 42 Balance available for ensuing year $827 73 AND Shell-Fish Commission. 40 General. For Expenses of State Oyster Protector. Amount appropriated in June, 1887 (chapter 4G0) $750 00 Amount disbursed for services of tug-boats and small- boats since June, 1887, being the six months ending November 30, 1887 262 75 Balance available for ensuing year $4:87 25 In order to be prepared for any emergency that might arise during the year demanding special work, with its corresponding increase of expenditures, I have been compelled to so economize in the matter of disbursements as to forego certain necessary Avork ; therefore the balances existing as above shown do not by any means indicate that the appropriations heretofore stated are ade- quate for the work of guarding the vast oyster territory of the State. I respectfully suggest that inasmuch as my time as above shown has been entirely devoted to the public service, my request hereby made for an increase of salary is not without reason. A sufficient appropriation should also be made to provide for the maintenance or frequent hire of a steam patrol vessel to pro]3erly and expedi- tiously answer the demands of the service. Very respectfully. JOS. W. MEESEREAU, State Oyster Protector. Mariners' Harbor, S. I., November 21, 1887. Eugene G. Blackford, Esq., Shell-Fish Commissioner, New York State : Dear Sir. — We, the undersigned oystermen, join in expressing our appreciation of the improvement noticed during the past year in the condition of the Kill von Kull and Staten Island sound. Said improved condition we attribute to the energetic action of yourself and State Oyster Protector Joseph W. Mersereau in enforcing what is known as the sludge acid law. The sludge acid nuisance was becoming unbearable, the heavier portion settles upon and destroys the natural oyster beds, the lighter oily refuse 7 50 Report of Oyster Investigation enters and covers the surface of the oyster floats in which oysters are phiced to freshen for market. If the oysters in being taken from the floats are raised through a surface of oily refuse it adheres to the shells, and in the process of opening the oysters become impregnated with an oily taste which injures their market value. We earnestly desire a vigorous enforcement of the law against depositing sludge acid and other oil}' refuse into our waters and trust that yoa will continue the fight against the pollution of our waters. BEDELL JONES. CHARLES VAN NAME. AMOS MERRELL. CHARLES M. DECKER. DOUGLAS THOMPSON. HENRY FISHER. EDGAR MERSEREAU. MOSES VAN NAME. GEORGE A. SHARRET. RUSSELL TOMLINSON. A. W. STINEMIRE. JOSEPH LA TOURETTE. EDMOND DECKER. AARON BUSH. DAVID LA TOURETTE. ABRAM MARTINEAU. EDDIE MARTINEAU. G. M. SHOTWELL. JOHN B. KING. ABRAM KRUSER. West Poet Richmond, S. I., November 21, 1887. Joseph W. Merserea.u, Esq., Sfeite Oijstcv Protector: Dear Sir. — I take pleasure in saying that since Commissioner Blackford and yourself began the enforcement of the law against those who pollute our waters with oil refuse there has been a marked improvement in the condition of the Kill von KuU. I am daily about my railway and beach and have observed that there has been much less pollution of the river this year than for any like period since the establishment of the oil refineries along the shores of the Kill von KuU and Staten Island sound. On two or three occasions during the past spring and summer I noticed that the surface of the water in the vicinity was covered with an oily film ; I have observed that this was not refuse -from the oil refineries, but was due to the breaking of an oil j^ipe recently laid across Staten Island sound. The fish and shell-fish industry is not alone injured by the pollution of the waters ; it works great injury to boating and yachting and consequently injures my business ; as yachtsmen will AND Shell-Fish Commission. 51 not frequent tlie Kill von Kull as a place of anchorage, nor will they use our ship yards, and railways for repairing, painting, etc., if their vessels are to be subjected to the great volume of pollution heretofore encountered in this vicinity. Previous to the enforcement of the law against the pollution of our waters, I have been compelled repeatedly to scrape the thick oily refuse from my railway before my men could begin their work upon the vessels which were hauled out upon the ways. That it has not been necessary to cleanse my ways during the past year I attribute to the enforcement of aforesaid law. I earnestly hope that the good work will l)e continued until the evil is entirely eradicated. Yours truly. LEWIS S. St. JOHN. Marinees' Harbor, S. I., November 22, 1887. Joseph W. Mersereau, Esq., State Oyster Protector : Dear Sir. — In the prosecution of my coal business, I am required almost daily to pass along and over the Kill von Kull j and am pleased to say that there has been much less oil refuse upon the river during the last year, than during any year since the oil refineries were located on said stream. I think the improvement in the condition of the river is due to the energetic action of Commissioner Blackford and yourself in compelling the oil refiners to respect the rights of all users of our waters. Yours very respectfully. GEO. W. THACKERY. West Port Richmond, September 30, 1887. Joseph H. Mersereau, Esq., State Oyster Protector: Dear Sir. — I am engaged in operating a ferry across the Kill von Kull. I am daily upon the river and about the beach, and desire to add my testimony to that of the general public, that for the last year there has been much less oil refuse upon the water in the vicinity than heretofore. 5'2 Oyster Investigation and Shell-Fish Commission. Commissioner Blackford and yourself deserve the thanks of watermen for the great improvement which has taken place in the condition of the river since the enforcement of the law against the pollution of our waters by oil refuse. Very truly yours. HENEY KING. Mariners' Harbor, S. I., November 23, 1887. Joseph W. Mersereau, Esq., State Oyster Protector : Dear Sir. — Since Commissioner Blackford and yourself began the enforcement of the law against the sludge acid nuisance there has been a very perceptible improvement of the condition of the surface of the Kill von Kull and Staten Island sound. Had the emission of refuse continued or increased, as it very probably would have done if not restricted by law, it would have materially injured if not destroyed several business interests along our shores. I am daily upon my coal wharf or upon and about the river and know whereof I speak. I trust the oil refiners will be compelled to continue the observance of the law against the pollution of the waters with oil refuse. Yours truly. MATTHIAS DeHAET. Proportions of Nutritive Ingredients, Water and Refuse in Food Materials. PERCENTAGES INDICATED BY COLORED SPACES. NUTRIENTS. NON-NUTRIENTS. !^ Protein. Fats. Carbohydrates. Mineral Water. FieBh-fonninK Bub6tanc«s, Oily and fatty Sugar, Starch, Matters as the "lean" oJ meat, casein gnbetances. glycogen, CtC. (curd) of milk, gluten of o j o i wheat, etc. Beef, round, rather lean Beef, sirloin, rather fat Mutton, leg Smoked Ham Pork, very fat, salted * Flounder, whole Codfish, dressed Mackerel, whole Salmon, whole Salt Cod * Smoked Herring Oysters in shell, avge. Long Clams Round Clams Mussels Lobsters Crayfish Beef, round, rather lean Beef, sirloin, rather fat Mutton, leg Flounder Codfish Mackerel Salmon Oysters, bestf ' ' poorest f ' ' average Long Clams Round Clams Mussels Scallops Lobsters Crayfish Cows' Milk Cheese Butter Wheat flour Potatoes ^HQ ^^ 1 VB^hI ||[^ 1 ■ ■ I ^ 9 1 9 ^■^^■i m i 9 I 1 VMMi^HH ^^^^^^^H ^■■I^^^^^H ■BLj If! ill 1 w pBi^^^HIIH ^^^H ii ■^■■1 ^^^^^^^^^1 |i 1 ■f III ^1' ^V h 1 |; ^1 1 V Hf Bl l-i ^F h Hp ^ ^g 1^^ ^■Hl M¥ Bl pi. |! !^ M ^^^^H i i ■' ! ♦ Befase includes salt. f In respect to quantity of nutrients regardless of flavor. APPENDIX "A." OYSTERS AS FOOD. By W. O. Atwater, Professor of Chemistry. Wesleyan University. Very little is popiilai-ly known and widely varying views are held with reference to the value of oysters and other shell-fiah for food. Although a great deal of scientific research has of late been given to the subject of food and nutrition, these particular kinds of food have been studied but little, and what has 1 )een done is slow in getting into print and becoming generally known. The lack of popular knowledge of the subject is, therefore, easy to understand. The object of the present article is to give a brief summary of the results of studies conducted in the laboratory of Wesleyan University under the auspices of the United States Commission of Fish and Fisheries.* Speaking roughly, a quart of oysters contains, on the average, about the same quantity of actual nutritive sul)stance as a quart of milk, or a pound of very lean beef, or a pound and a half of fresh codfish, or two-thirds of a pound of broad. But while the weight of actual nutriment in the different quantities of food materials named is very nearly the same, the quality is widely different. That of the very lean meat or codfish consists mostly of what are called in chemical langiiage protein compounds, or " flesh formers," the substances which make * The studies belong to an investigation of the chemical composition and nutritive values of American food fishes and invertebrates, one of tlio investigations that are carried on with official aid, in this case that of the United States Commission of Fish and Fisheries, but of which the larger part of the pecuniary expense is paid from private sources. It is proper that I should say here that the part of the investigation which has to do with oysters and other shell-fish would not have been undertaken had not the expenses of beginning it been in part defrayed by a personal contribu- tion from Mr. E. G. Blackford, Fish Commissioner of th(^ State of New York. Preliminary accounts of the woiic have been given in the commis- sioner's reports of the United States Commission of Fisli and Fisheries for 1880 and 188:$. (Published in 1883 and 1885.) 54 Report of Oyster Investigation blood, muscle, tendon, bone, brain and otlier nitrogenous tissues. That of the ))read contains but little of these, and consists chiefly of starch, with a little fat and other comjDOunds which serve the body as fuel and supply it with heat and miiscular power. The nutritive sub- stance of oysters contains considerable of both the " flesh forming " and the more especially heat and force giving ingredients. Oysters come nearer to milk than almost any other common food material as regards both the a}nounts and the relative proi:)ortions of nutrients, and the food values of equal weights of milk and oysters, i. e. their values for supplying the body with material to build up its parts, repair its wastes and furnish it with heat and energy, would be pretty nearly the same. But while this statement is reasonably correct, the studies thus far made are not sufficient to assure us of its absolute accuracy. The differences which oystermen observe in the quality of oysters from different localities, of different age, and grown under different conditions, are made clearer and are to a considerable extent explained by chemical analysis. Taking the oysters in the shell, the proportion of shell contents, " meat " and " liquor " together increases relatively to the whole weight as the animal grows, at least up to a certain limit. In other words a bushel of mature oysters will " open " more quarts than a Inishel of the very young animals. But the differences between different kinds, or between specimens of the same kind under different conditions, are very wide. Taking the edible portion of the oyster, after it has been removed from the shell, the differences are much greater than peoj^le com- monly suppose. This is apparent when we comj^are either the flesh, "meats," or liquids, "liquor," of different specimens, or the whole edible portion, meat and liquor, "solids" together. The percentage of water in the edible portion of the different specimens of oysters reported in the tables beyond, varied from 83.4 to 91.4 joer cent, and averaged 87.3 per cent. This makes the amounts of " water-free substances," i. e. actually nutritive ingredients, vary from 16.6 to 8.6 and averaged 12.7 per cent of the whole weight of the edible j)ortion (shell contents) of the animals. In other words the contents of nutri- tive material in a quart (two pounds) of shell contents, "solids," varied from 2| to h\ ounces. The proportion of nutritive substance was twice as large in the one case as in the other. The large table at the end of the article (Table IV), gives con- densed results of chemical analysis of a considerable number of speci- mens of oysters, clams and other shell-fish, and Tables I, II and III give various details of composition of these and other food materials. AND Shell-Fish C'o3lmission. 55 As the technical terms are somewhat unfamiliar, a few explanations will perhaps be in place here. If the reader will take the pains to notice the next piece of beef that he has to carve for dinner, he will, of course, notice first of all that along with the meat which is good to eat, there is more or less bone, which, except in so far as it may be used for soup, is of no value for food. The beef, then, may be regarded as consisting of edible portion and refuse. In eggs there is the same distinction between shells and the so-called "meat," and 03'sters and other shell-fish in like manner, include the shells, which are simply refuse, and the shell contents, which make u^ the edible portion. The inside of the potato and the wheat flour are the edible jDortion, and the skin and bran are refuse of potatoes and wheat. . If we take the beef and separate the meat from the bone, cut it into fine particles and keep it for a long time in a hot oven it will be gradu- ally dried, that is to say the water will be driven out of it and the so- called nutritive substance will remain. In the same way milk, eggs, oysters, potatoes and flour are found to consist of water and nutritive material. In estimating the value of these different materials for food we leave the refuse and the water out of account and consider only the nutritive ingredients. We may take a piece of beef, and after cutting out the bone and drying the meat, put the latter in the fire and burn it. Nearly all will be consumed, but a portion will remain as ashes. An operation of this sort is regularly carried on in the chemical laboratory in the analysis of meat and other food-materials. Portions are dried with proper apparatus, and the percentages of water and water-free sub- stances are determined. Other portions are burned, and the percent- ages of ash are found out. If we weigh the whole meat, bone and all, to start with, and afterwards weigh bone and other refuse and the meat, we can easily calculate the percentages of refuse and edible portion. If we then determine the percentages of water, water-free substance, and ash in the meat, we have made a fair start in the analysis for determining the food' value. The water-free substance contains all of the nutritive materials, or nutrients, but the analysis thus far has told only the percentage of ash, cfi* mineral matters. The proportions of the other ingredients mvist be found out before we can judge exactly of the food value. The meat consist of lean and fat. Part of the fat is in large lumj)s, which can be easily separated from the lean. We often cut out the fat and reject it instead of eating it. But a portion of the fat is in very fine particles diffused throughout the lean. Although a part of t)Cy Mepoft of Oyster Investigation this fat Ih in particles so fine as to be invisible to the naked eye, it is possible to separate them very completely from the lean by processes of analysis common in the laboratory. After the water and the fat have been removed from the lean meat, the material which remains will contain a little mineral matter, which would be left as ash if it were burned, the rest consists of so-called protein compounds. The protein is the chief constituent of Ush and eg'};s, as well as of lean meat. It occurs likewise in milk and in vegetable foods, such as wheat, corn, potatoes, etc. Fat is familiar to us in meat from which we get it in the form of tallow and lard, in milk from which it is obtained as butter, in the various oils, such as olive oil, cotton-seed oil, and the oils of wheat and corn. Larger or smaller proportions of fat are found in most food-materials. Potatoes, wheat and corn contain large proportions of starch. Sugar-cane and sorghum are rich in sugar. Starch and sugar are very similar in chemical composition, and are called carbohydrates. Other carbohydrates are found in animals and plants; such as inosite, or "muscle sugar," in muscle, and glycogen, or "liver sugar," in the liver. The mineral matter, or ash, which is left behind when animal or vegetable matter is burned, consists of a variety of chemical com- pounds commonly called salts, and including phosphates, sitlphates and chlorides of the metals calcium, maguesium,'potassium and sodium. Calcium phosphate, or phosphate of lime, is the chief mineral con- stituent of bone. Common salt is chloride of sodium. The number of different chemical compounds in our animal and vegetable food materials is very large, but leaving water out of account it is customary to divide the rest into the classes of which we have spoken, to wit: protein, fats, carbohydrates and mineral matters, and to look upon these as the nutritive ingredients, or nutrients, of food. The proportions of these ingredients are determined by the somewhat comjilicated methods of chemical analysis followed in the laboratory, but our every day handling of food-materials often involves processes, though crude ones, of analysis. We let milk stand; the globules of fat rise in cream, still mingled, however, with water, protein, carbohydrates and mineral salts. To separate the other ingredients from the fat, the cream is churned- The more perfect this separation, i. e., the more accurate the analysis' the more wholesome Avill be the butter. Put a little rennet into the skimmed milk, and the caseine, called in chemical language an albu- minoid or j^rotein comi^ound, will be curdled and may be freed from And Siiell-Pish CoMMissroNi 57 the bulk of the water, sugar aud other ingredients by the cheese-press. To separate milk-sugar, a carbolfydrate, from the whey is a simple matter. One may see it done by the Swiss shepherds in their Alpine huts. But farmers find it more profitable to put it in the pig-pen, the occupants of which are endowed with the happy faculty of transform- ing sugar, starch and other carbohydrates of their food into the fat of pork. The New England boy who on cold winter mornings goes to the barn to feed the cattle, and solaces himself by taking grain from the wheat bin and chewing it into what he calls "wheat gum," makes, unknowingly, a rough sort of analj^sis of the wheat. With the crushing of the grain and the action of the saliva in his mouth, the starch, sugar and other carbohydrates are separated. Some of the fat, i. e., oil, is also removed, and finds its way with the carbohydrates into the stomach. The tenacious gluten, which con- tains the albuminoids or protein, and constitutes what he calls gum, is left. When, in the natural order of events, the cows are cared for and the gum is swallowed, its albuminoids enter upon a round of trans- formation in the boy's body, in the course of which they are changed to other forms of protein, such as albumen of blood or myosin of muscle; or are converted into fat, or are consumed with the oil and sugar and starch to yield heat to keep his body warm and give him muscular strength for his work or play. There, is unfortunately, a little confusion of terms in the usages of different writers on these subjects. Thus the words, protein, pro- teids and albuminoids are all applied to what we have here called the protein compounds. The term albuminoid, album-like, comes from albumen which is best known in the form of white of eggs, a typical albuminoid compound. The term 2:)roteids is applied by some writers to albuminoids and by others to very different classes of materials. The fats are sometimes spoken of as hydrocarbons, but this use of the latter term is very incorrect. These different classes of nutrients in food, to wit, protein, fats, carbohydrates and mineral matters, have different uses in nutrition. Muscle, tendon and bone are formed from the protein compounds. These are sometimes called flesh formers because they make flesh. Their chief use in the body is to make blood and to build up the muscle, tendon, bone, and other tissues which constitute the frame work of the body and repair them as they are being continually worn out by use. Brain and nerve are also formed to a considerable extent from the protein compounds of the food. The protein of the food is also formed into fat in the body aud serves as fuel to supply it with 8 58 Report of Oyster Investigation heat and muscle energy. The fats of the food are stored as fat in the body and may be transformed info carbohydrates, but their chief use is for fuel. The carbohydrates are transformed into fat in the body and may be stored as body fat, but their chief use is for fuel. The mineral matters make bone and have various other uses in the body. When we eat meat, then, its protein serves to make blood, bone, muscle, tendon, brain and nerve. We can also use it to make fat, and it is consumed, i. e., burned as fuel, to yield its heat, to keep our bodies warm and give muscular strength for work. The fat of the meat can not do the work of the protein in forming muscle, tendon and the like, but is much more valuable than j)rotein for fuel. Bread supplies us with protein and fat, and, also, with carbohydrates in the form of starch, dextrin and sugar. The protein and fats serve the same purposes as those of meat. The carbohydrates, which make up the bulk of the nutritive material of bread and potatoes, and of which only minutest quantities occur in the meat, are valuable chiefly as fuel, though they also yield fat. To recapitulate; the niitritive material of very lean meat and the leaner kinds of fish consists almost entirely of protein. Tallow, lard, oils and butter are fats. Sugar and starch are carbohydrates. All the different food materials contain mineral matters. Animal foods supply, chiefly, protein and fats. Most vegetable foods contain but little of these, their nutrients being chiefly carbohydrates. Beans, pease and other leguminous plants, however, supply considerable quantities of j)rotein. Milk differs from most other animal foods in that it has large quantities of a carbohydrate, "milk-sugar." O^'sters approach milk in comjDosition. For nourishment we need all of the different classes of nutrients and in proper proportions. Thus a day's food for an average man doing" moderately hard muscular work may ai^proi^riately sujijily, on the average, about four and one-third ounces of protein, the same quantity of fats, and sixteen ounces of carbohydrates. The cheajiest food is that which supjilies the most nutritive material for the least money, the most economical food is that which is cheapest and best adapted to the wants of the user. The following tabular statement siimmarizes the main points above elaborated. Viewed from the stand-point of their uses in the nutrition of man, the constituents of ordinary foods may be succinctly classified as follows : 1. Edible substance, e. g., the flesh of meats and fish, the shell con- tents of oysters, wheat floiir. AND Shell- Fish CoMMisswff. 59 3. Refuse, e. g., bones of meat and fish, the shells of oysters, bran of wheat. The edible substance consists of 1. Water. 2. Nutritive sicbstance or nutrients. Principal Nutrients of Food. Albuminoids : e. g., albumen of egg, myosin of muscle (lean of meat), caseine of milk, gluten of wheat. I Gelatinoids: e. g., ossem of bone, collagen of tendons (which yielded gelatin). Fats : e. g., fats of meat, butter, olive oil, oil of maize and wheat. Car-bohydrateft : e. g., starch, sugar, cellulois (woody liber). Mineral Matters of Ash : e. g., calcium, potassium and sodium, phos- phates and chlorides. Ways in Which the Nutrients are Used in the Body. forms the (nitrogenous) basis of blood, muscle, connec- tive tissue, etc. is transformed into fats and carbohydrates, is consumed for fuel. TJie Protein of food The Fats of j are stored as fat. food i are consumed for fuel. The Gorbo- i , . n • . <• . \ are trauslormed into tat. hydrates of A i i? i? i ^ ^ ] are consumed tor tuel. food \ In being consumed for fuel, the nutrients yield enery in the forms of heat, which keeps the body warm, and muscular energy, strength for work. The quantities of energy which different food-materials are capable of yielding and which are taken as the measure of the fuel- value, are determined by certain methods.* I have not applied these methods of calculation to shell-fish in this article, because the nature of the compounds which make up their nutritive ingredients is not fully understood, and it is not certain that we call protein, fats and carbohydrates in them have the same fuel-value as in meats, fish, etc. For the same reason I have not attempted detailed estimates of the pecuniary economy of shell-fish as compared with other food-materials.f *See article on " The Potential Energy of Food " in the Century Maga- zine for July, 1888. t See article on " Pecuniary Economy of Food " in the same magazine for January, 1888. 60 Report of Oyster Investigation The result of analyses of food material cau be stated in a variety of ways. That followed in Tables I and III, beyond, may be explained by an example. The flesh, or edible j^ortion of a specimen of beef sirloin, of medium fatness, was analyzed and found to contain, approximately, water, sixty per cent; protein, nineteen per cent; fats, twenty jDer cent; mineral matters, one per cent. But when we buy our sirloin steak or roast, by the pound, as we ordinarily do, we get not only the flesh, the edible sul)stance, but with it more or less bone, sinew and other refuse mat- ter. This specimen contained about one-fourth or twenty-five per cent bone, and three-fourths, seventy-five per cent, of flesh. If then we are to consider the composition of the meat as we buy it, we must take the refuse matters into account. The proportions of the several ingredients in both the edible portion and the whole piece above referred to, are shown in the following talkie: In flesh, edible portion. In meat, as bought, including refuse. Refuse, bonos, etc Per cent. None. 00 19 20 1 Per cent. 25 Watei- 45 14 'i Pat 15 Mineral matters QJi Total 100 100 This very imperfect analysis may be stated in the following form, as is done in the tables beyond: * Constituents of Sample of Beef, Sirloin. In Edible Portion — I. <:, tlesh freed from lione ii'iui otlier refuse. In Meat as Purchased — (including both edible portion and refuse). FOOD MATERIAL. c NUTRIKNTS EDIBLE PORTION. ^ "5 3 - NUTRIENTS. p « fe 55" I Oh Is «2 U ^ at Beef, sirloin, mod. fatness Pr. ct. 60 Pr. ct. 40 Pr. ct. 19 Pr. ct. 20 Pr. ct. 1 Pr. ct. Pr. ct. 4.') Pr. ct. 30 Pr. ct. 14.3 Pr.ct. 15 Pr. ct . 0.7 * The tables contain also columns for carbohydrates, etc., which occur in milk and in some shell-fish, but are not found in ordinary meats in sufficient amount to warrant their presence in such tables as these. AND Shell-Fish Co3Imission. (31 Table I, herewith, gives the composition of a number of animal foods, mostly from late American analyses. It is only a short time since analyses of American meats, fish, etc., have been undertaken in any considerable number, and those as yet accomplished are far from sufficient for a complete survey of the subject. Indeed, the vsrork already done can be regarded only as a beginning. Still, the figures will give a tolerably fair idea of the average composition of the articles named : 62 Report of Oyster Investigation n '^ Oh W -2 ^ ^ l'uj:eu!i\[ -iiqoq.iTJO •e^u^ •uie^o.ij MO^BM CO o a> « < t-l »-l O fH T .rHCOi-lT-lCiaO dt-ICO»;^'rJiCCC'ClCCOC-»*HX'COr-liri!Ci-tOt' O) d[r-OOOCOC"l':OOCOOClvOu^i-ltDi-l-t,!>.>, o o^5 o £; jr CD OOQOCOT-Hr-lt:- • • 4j ffi ■■•••••••• • : : CD tic : I . : ; : : r : : ! .-I- O) c3 • • •^j tn t< • Cf! : ® o ^ 1 2 .:.::.:: : •£i ac3 a^ • . , -ce o ./ vi ^'■^ J : : ;^ : rH tn cc a3-T< _i fi :;^ tci^ . . -; • ^cccr[cas2^-^cg"'(D-^4^S 5g >.>..>, q oj:; o o t^7„ tc S 03-2 [> ©if j-'-4J oja Sr^ o 64 Report of Oyster Investigation The colored diagram expresses the facts of Table I in a way which makes them more easily seen at a glance. One of the first things that strikes the eye in looking down the diagram are the black bands, which represent the proportions of refuse, i. e. bones of meat, bones, skin and entrails of fish, and shells of shell-fish. The bulk of the weight of the oysters and other shell-fish, as taken from the water, is shell. The percentages of refuse in the meats and fish are very vari- able; the fat pork has very little refuse, the beef more, while in some kinds of fish, as fiounder, the bones, skin and entrails together make up more than half the whole weight. The percentages of water, indicated by light green bands, are like- wise extremely variable; in the edible portions of shell-fish, fish and most meats the water makes up the larger part. The quantities of nutrients, i. e. actually nutritive substances, in the different food- materials are represented by the whole of that part of each band at the left of the light green. It is interesting to compare the very large quantity of nutrients of the fatter kinds of meat and in flour with the small quantities in fish, shell-fish and the leaner meats. The most important of the nutritive ingredients, the protein, is rej^resented by red; the leaner fish, like very lean meat, consist mostly of protein. The very fat pork, the wheat flour and the potatoes con- tain relatively little. The portions of fat, represented by yellow, are very variable; in the fat pork it is the principal ingredient. Flounder codfish and the shell-fish contain extremely little. The carbohydrates, represented by blue, do not appear in the meats and fish, the quanti- ties being to minute. The flour and potatoes have large proportions and there is some in the shell-fish. The diagram, with the corre- sponding figures of Table I, tells its story so plainly that further explanations are hardly needed. Tables II, III and IV give results of analyses of specimens of shell- fish. They are taken from a report now in preparation which will include numerous details not given here. The s]jecimeus, as received for analysis, were generally in the shell; on arrival at the laboratory they were weighed. The shell contents were then taken out and separated into flesh ("meat") and liquid ("liquor"). Each of these was weighed separately, as were the shells also. From these weights the percentages were calculated. Table II erives results : AND Shell-Fish CoMinssioN. 65 ^ ^ % ^^ 1-^ "^ ■^ f^ V Qs .i-Ht-tC:iOO'*-4— Ir-tlOlClOlCCOm ; Ci ci o -: C: t- ,-H tH C^ CJ CI CO ^ 'X 'Tl 1-1 Cfi O C' :C »-H CO » ; '^ Ci CO lo 00 t- ) Ci -M O -* t:^ CT CO CO C-1 rO i-H CO a 05 n c3 3 t.gcsC-S o o QJ Cm 000 ^ __^ § C^ •*' m CO O CO ID CI -(i-li-lOiH i^ fy m u ID Oh CD ^ ^ ,-(,-( rH .H 1-H ,_^ ,_( ^ ^ ^^ _____^ (D T^cr'-^t-iCiO'+^.-IOOOiCO'-iOOtr-Ot-i-HWt-l-CtOiC':^'* ^CiOOCOXXOOOOXCiCOGOOOCCOOaiOOOOC;XOOOOQOOOOO o z^o ^ o tc ■» a.3 a =: s g CO ^"^"^' a a rt to' 33 cfi ti >. >; > > u t^'te'S +^22? ^^^ d_d d w w w ^ ci^ p^ . . . !> !> d d O.i.- cf S^ ^'C'-l! § § ffl '^ '^ ^^ o o o"3":3'3 d a :=! ^ ^ !H-"iJ ri =! ^, ^ m - - - -S w -w =5 o3 eS -;--.-; XI XJ X! , AND Smell-Fish Co3imission. (37 Thus in tlie case of the specimen from Stony Creek, taken in April the shells made 81.1 per cent or a little over four-fifths; and the edible 230rtion, flesh and liquids together, 19.9 per cent or a little less than one-fifth of the whole Aveight. Of this 19.9 per cent, the flesh consti- tuted 7.5, and the liquids 11.4 per cent. In this sj)ecimen the propor- tion of flesh was very small as compared with the liquids. In the specimen of Blue Points, taken at the same time, the proportion of flesh to liquids is just the other way; that of flesh being 13.4, and the liquids 5.2. The variations in the proportions of flesh, liquids, total edible portion, and shells are very striking. We should not be warranted in assuming that the Blue Points, gen- erally, have so much more flesh and liquid than the others. The figures of Table II are taken from a larger number obtained in a series of analysis of specimens from different localities on the Atlantic coast, from Massachusetts to New Jei'sey.* One object of the investigation was to get light upon the effect of kind, locality, season and other conditions upon the composition. But though the number of analysis was considerable, enough to cost a large amount of labor, the result can be taken only as a general indication of the range of variation and not as showing the characteristic composition of specimens of a given source, or at a given time. To find, for instance, the average composition of oysters from a given locality, and the differences in composition in different seasons of the year, and in different years would require an investigation to extend through a year or several years and to include a large number of analyses of specimens especially gathered for the purpose. Such a study of oysters from different localities could not fail to bring interesting and valuable results. Similar studies of clams and other shell-fish would be like- wise interesting. Such an investigation might bring out important facts regarding the connection between locality, season, food and age of animals upon the composition. Meanwhile the figures here given will at least suffice to show that the difference in different specimens from the same locality, and from different localities, are much greater than is commonly supposed. The range of variation in the proportion of flesh, liquids and shell are so clearly shown in Table II that further explanation is hardly necessary. The details of the proportions of flesh, liquids and shells and of the composition of the flesh, liquids and whole edible portion are given in *Especial thanks are due to Mr. E. G. Blaeklord and to Mr. G. H. Shaffer, of New York, for specimens kindly furnished for analysis. C)H Report of Oyster Investigation Table IV, which includes all the specimens analyzed. Table III recapitulates the composition of the edible portion of a number of specimens of oysters, clams and mussels; Avith what was said in connection with Table I it will need but little explanation. It is interestini>' to note the variations in the composition of the oysters in this table. The percentages of water range from 848 to 90.1 per cent in the specimens here cited. In one of those not here given, but included in Table IV, the percentage of water rose to 91.5. The per- centage of water-free substance, i. e., total nutrients, in each case, is the difference between the percentage of water and 100. The nutri- ents accordingly range from 18.3 to 8.5 per cent. In other words, the proportion of nutritive material was more than twice as large in some cases as in others. The largest proportion of nutrients was in a specimen of blue points, taken in April; the smallest is in one from Norfolk, Va., also taken in April. It would seem from the figures iu Table IV, that the northern oysters are, on the whole, richer in nuti'itive material than the southern, but more analyses are needed to show the true average ranges of variation. One reason why the Virginia oysters appear to disadvantage here may be that the latter were younger. It appears that, as the oyster grows older, at least up to a certain time, not only do the proportions of flesh and liquids increase more rapidly than the shells, but the pvo- portiou of natural nutrients in the edible portion increases also. That is to say, one hundred pounds of young oysters in the shell would appear from these analyses to contain less of flesh and of licpiids than a hundred pounds of older ones; and when both have been shucked a pound of shell contents from the older animals would contain more nutriment than a pound from the younger. I wish, however, to be very careful in making these statements, because the number of examinations is too small to warrant very definite general- izations; indeed, the only figures which bear directly upon this especial point are those for the oysters transplanted from the James and Potomac rivers to New Haven harbor in the spring and taken out in the following fall or winter. These show a notal^le increase during this period, both in the quantities of shell contents in a given weight of shell and in the amount of actual nutriment in a given weight of shell-contents. Perhaps this change is more a matter of feeding and fattening than of age. However it may be, it is not unnatural that changes of this kind, which take place iu other animals, should occur ill the oyster. Thus calves and pigs in growing and in fattening increasos ii> both the proportion of meat to bone and in the propor- AND Shell-Fish Coivmisston. 09 tion of nutritive material in tlie meat. As regards shell-fish, this particular point esj^eciaily demands more extended stvidy. The figures of Table IV show a slight difference between the average composition of the edible portion of the oysters taken from the shell in the laboratory and that of those purchased, out of the shells, in the form commonly called "solids " in the markets. Whether this difference is accidental or due to the fact that as they are ordi- narily shucked for sale, less of the liquids is saved than was done in preparing our specimens for analysis, it is impossible to say. Table IV is somewhat complex, and calls for further explanation. The sjjecimens of oysters are arranged according to locality, from Buzzards bay, Mass., to the James river, Va. The proportions of water, protein, fat and mineral matters in the flesh, and in the liquids, are given separately. The j)i'oportions of carbohydrates are not stated, since they are not directly determined by the analysis, but are estimated by subtracting the sum of the protein, fat and ash from the total water-free substance, which latter is determined along with the percentage of water, and is the difference between the latter and one hundred. Details of the methods of analysis may be found in an article entitled " Contributions to the Knowledge of the Chemical Composition and Nutritive Values of American Food Fishes and Invertebrates," in the report of the United States Commissioner of Fisheries for the year I880, from which this table is taken. The last two columns of the table, it will be observed, give the per- centages of total edible portions and of total nutrients in the edible portion of each specimen as received for analysis. Where the speci- men consisted simply of the edible portion and in the case of the " solids " of oysters, canned oysters, etc., the percentage of total edible portion is, of course, 100. I have already stated that some of the conclusions as to the values of fats, which are ordinarily drawn from the chemical com2:)osition of meats and fish are not ventured upon here because the precise nature of the nutritive ingredients of oysters and other shell-fish is not definitely understood. Perhaps further experimental study will show that what we call the protein of the oyster is very nearly the same as that of meat or milk ; that what we reckon as carbohydrates of the shell-fish, have about the same nutritive value as the carbohydrates of other foods — milk, sugar and starch, for instance. Meanwhile, what is known implies that differences are probably not very great, though they may be considerable. 70 Report of Oyster Investigation The corapositiou of the liquid portions demauds a few words of explanation. The amount of nutriment is very small indeed, the principal constituents being water and salts of sea water. How much food value these minute quantities of nutriment have, it is impossible to say. Perhaps a given weight of what is called jjrotein in the liquids of oysters may be not far inferior to the same quantity in the flesh; but this is a matter of doubt. Taking all in all, the variations in composition of oysters are very wide. The same would very likely be found to be the case with clams and other shell-fish, if a large enough number of analyses were made to show the range of variation; but probably the averages of the analyses here given represent pretty nearly the average composition of the shell-fish as they are ordinarily found in the water and in the markets. The most of the specimens of oysters and other shell-fish here reported upon were received without statement as to whether they had been "floated" or not; but we suppose that, except when other- wise stated, they had usually been floated, and the specimens were such as are ordinarily sold. The effect of floating on the composition is described in another place in this report Briefly stated, floating- increases the proportions of water and diminishes the proportions of nutritive ingredients and especially those of mineral salts. Floated oysters will therefore have on the average more water and less nutri- tive material than those not floated. The same is true of clams, mussels, etc. It is then safe to say that while the variation in the composition of oysters, clams and the like are considerable, just as they are in differ- ent kinds of meat, such as beef, mutton and pork, yet the proportions which are expressed in the figures of Table I, and graphically set forth in the colored diagram, make a reasonably fair exhibit of the average composition of these food materials in the condition in which we ordinarily buy them, and hence represent pretty nearly their rela- tive nutritive values. While we must wait for further research before we can with perfect confidence accept these figures as the actual measure of the nutritive effects, we may say in the general way, that the relative food values are indicated very nearly by the chemical compositions as here given.* As said above, the cheapest food is that which furnishes the actually nutritive material at the lowest cost. The most economical food is *Soe article on " Pecuniary Economy of Food " in Century Magazine for January, 1888, above cited. AND Shell-Fish C'oMuWIS&ion: 71 Miat which is cheapest and best adapted to the wants of the user. Various methods have been proposed for estimating -the I'elative cheapness or dearness of food materials. For instance the cost of actually nutritive ingredients in a given food material may be com- puted by comparing the amounts of the several nutrients, protein, fats and carbohydrates it contains, with its market price, one pound of protein being assumed to cost, on the average, five times as much, and a pound of fats three times as much as a pound of carbohydrates. The computed costs of the same nutrient, e. g., protein, in different foods, thus affords a basis for comparing the relative expensiveness of the foods, as in the figures below.* Comparative Costs of Protein in Food Materials. POOD MATERIALS. Ordinary price per pound. Cost of protein per pound. Beef, sirloin, medium fatness Beef, sirloin, at lower price Beef, round, rather lean Mutton, leg Milk, seven cents per quart Salmon, early in season Salmon, when plenty Mackerel Salt cod Oysters, twenty-five cents per quart. Oysters, fifty cents per quart, choice Lobsters Wheat flour 25 20 1(5 22 3. 100 80 10 7 12, 25 12 3 106 85 63 91 53 511 153 79 43 168 335 209 11 Shell-fish are delicacies rather than staple foods. The above figures illustrate the fact that in this, as in other delicacies, makes them uneconomical from the strictly pecuniai'y standpoint, yet they have an important use. The conditions of our advanced civilization make variety in diet desirable, and to a greater or less extent essential, and * This method of computation is German ; assumed relative costs of the nutrients are based upon market prices in Germany. The protein is selected for the estimate because it is physiologically the most important of the nutrients. For other and more accurate, though more complex, methods see seventeenth annual report of Massachusetts Bureau of Statis- tics of Labor, 1886, p. 253. 7'2''^^:.- Re F OUT of Oystef L\]'£stj(,'ation oftentimes flavor has a value which can not be counted in dollars and cents. The nutritive value of the shell-fish as of other foods, depends to a considerable extent upon their digestibility, but so little is j)ositively known of the digestibility of shell-fish as compared with meats and other animal foods, that it lias not seemed fitting to say a great deal a])out it here. Perhaps, indeed, the most that can be said is that, while there are people with whom such substances do not always agree, yet oysters belong to the more easily digestible class of foods. AND Shell-Fish Commission. 73 , jJ(MG550llO>in«OC 1 CD ^ \i 1—1 ifS Hi ■ •&"jueij;nu ^BU-joi? ® a ■• . 3 CJ CD m 1. 3 Oi t- t - ■■- ^ Oi 'eoniJisqns 98aj-.T9i^'Ai. ib^o j, Q_, © CI C^ C ■i\ rt rt (m' C M c, « lotu^xo loq^a; •I'uj ^go^-o-||o-o^-. 3 cr. 'l* o c t-x a> o S H O rH rH T- H rH O C 3 I "*° 5 Eg'9 ij-tioolCO II ^OT-Ht- -t r-^ C-) rH (p CI _o o U930.HIN -niQ^oaj Png^V^ ^ -# -* CD c 3 in -■ ' -•|h-- . -. X uo 5 , • o w o -1 tD CO O C 3 O 1 O C 00 ■^ 00 c- : ".^. St •eomjisqns 99Jj-.iej'Bj^\ P^gSS; H 03 OS lO C -i T-I -iH '^H I. 0) II ■a X> • O O I- H ,-1 C5 CO G iM m - 1 o II -K C 3 'N -o rl O t. 3 X '^.". d © -.19113 AV (S§^5g j O O -*< t- 00 a J O OiCC O s oc CO X 3 : 00 II o 5 XX . O H- 1 II c3 3 ^ H ^llcc . ^ ^r. a ^ •qsy feg^-c'c ^ t- to cc ir rH ..J1 C' ^ ^ ^. 1"." 3 -* Oi -g S , o,||e.c . 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By this process the body of the oyster acquires such a plumpness and rotund- ity, and its bulk and weight are so increased as to materially increase its selling value. The belief is common among oystermen that this " fattening " is due to an actual gain of flesh and fat, and that the nutritive value of the oyster is increased. A moment's consideration of the chemistry and jihysiology of the subject will make it clear, not -only that such an increase of tissue substance in so short a time and with such scanty food supply is out of question, but that the increase in volume and weight of the bodies of the oysters is just what would be expected from the osmose or dialysis which would naturally take place between the contents of the bodies of the oysters as taken from salt-water, and the fresh or brackish water in which they are floated. If we fill a bladder with salt-water and then put it into fresh-water the salt-water will gradually work its way out through the pores of the bladder, and, at the same time, the fresher water will enter the bladder; and, further, the fresh-water will go in much more rapidly than the salt-water goes out. The result will be that the amount of water in the bladder will be increased. It will swell by taking up more water than it loses, while at the same time it loses a portion of the salt. It does this in obedience to a physical law, to which the terms osmose and dialysis are applied. In accordance with this law, if a 80 Report of Oyster Investigation membraneous sac holding salts in solution is immersed in a more dilute solution or impure water, the more concentrated solution will pass out and at tlie same time the water or more dilute solution will pass in and more rapidly. The escape of the concentrated and entrance of the dilute solution will be, in general, the more rapid the greater the difference in concentration and the higher the tempera- ture of the two solutions. After the osmose has proceeded for a time, the two solutions will become equally diluted. When this equilibrium between the two is reached the osmose will stop. If the sac which has become distended is elastic, it will, after osmose have ceased, tend to come back to its normal size, the extra quantity of solution which it has received being driven out again. We should expect these principles to ajDply to the oyster. Roughly speaking, the body of the animal may be regarded as a collection of membraneous sacs. It seems entirely reasonable to suppose that the intercellular spaces, and probably the cells of the body would be impregnated with the salts of the sea-water in which the animal lives, and this supposition is confirmed by the large quantity of mineral salts which the body is found by analysis to contain, and which amounts, in some cases, to over fourteen per cent of the water-free substance of the body. It seems equally reasonable to assume that osmose would take place through both the outer coating of the body and the cell walls. In the salt-water the solution of salts within the body may be assumed to be in equilibrium with the surrounding medium. When the animal is brought iiito fresh or brackish water, ?'. e., into a more dilute solu- tion, the salts in the more concentrated solution within the body would tend to pass in and produce just such a distension as actually takes place in the floating. If this assumption is correct, we should expect that the osmose would be the more rapid the less the amount of salts in the surrounding water; that it would proceed more rapidly in warm, and more slowly in cold water; that it would take place whether the l^ody of the animal is left in the shell or is previously removed from it; that the quantity of salts would be greatly reduced in rioating, and that if it were left in the water after the maximum distension had been reached, the imbibed water would pass out again and the oyster would be reduced to its original size. Just such is actually the case. Oystermen find that the oyters " fatten " much more (Quickly in fresh than in brackish water; warmth is so favoralile to the process tliat it is said to be sometimes found profitable to warm artificially the water in which the oysters are floated; although oysters are generally floated in the shell, the same effect is very com- AND Shell- Fish Commission. 81 monly obtained by adding fresh water to the oysters after they have been taken out of the shell; indeed, I am told that this is a by no means unusual practice of retail dealers. Oysters lose much of their salty flavor in floating, and it is a common experience of oystermen that if the " fattened " oysters are left too long on the floats they become " lean " again. This exact agreement and theory and fact might seem to warrant the conclusion that the actual changes is the so-called fattening of oysters in floating, are essentially gain of water and loss of salts. The absolute proof, however, is to be sought in chemical analysis. In the course of an investigation conducted under the auspices of the United States Fish Commission, and which included examinations of a number of oysters, and other shell-fish, I have improved the oppor- tunity to test this matter by some analysis of oysters before and after floating. The results of the investigations are to be given in one of the publications of the commission. From this the following state- ments are selected as perhaps not without interest to the fisheries association. It is not improper that I should add here, that a por- tion of the expenses of the investigation was borne by one of the prominent officers of the association, Mr. E. G-. Blackford. The account just mentioned of the experiments is preceded by some citations regarding the practice of floating o^'sters which I insert here, adding that I should be greatly obliged for any further information upon the subject. The following very opposite statements are by Prof. Persifor Fra^er, Jr., who o ^tributes the changes mentioned to dialytic action: "The oysters brought to our large markets on the Atlantic seaboard are generally first subjected to a process of 'laying out,' which consists in placing them for a short time in fresher water than that from which they have been taken. " Persons who are fond of this animal as an article of food, know how much the ' fresh ' exceed the ' salts ' in size and in consistency. The 'Morris Coves,' of this city, (Philadelphia), while very insipid, are the plumpest bivalves brought to market. On the other hand, the ' Abscoms ' and the ' Brigantines ' while of a better flavor (to those who prefer salt oysters), are invariably lean, compared to their trans- planted rivals, as also are the ' Cape Mays ' though, for some reason, not to the same extent. " The most experienced oyster dealers inform me that the time for allowing the salt oysters taken from the sea coast to lie out varies, Ijut is seldom over two or three days. At the end of this time the maxi- 11 82 Report ot Oyster Investigation mum plumpness is attained, and beyond this the oyster becomes lean again, besides having lost in flavor." The subjoined statements by Professor J. A. Ryder are interesting in this connection. They are taken from a letter to Professor Baird, United States Commissioner of Fish and Fisheries, on " Floats for the so-called fattening of oysters:" "The simplest and most jDractical structures of the kind which I have seen are the storage and fattening floats used by Mr. Conger, of Frank- lin City, Md., and now in use by all the shipper and planters in the vicinity of Chincoteagiie bay. I have been informed that similar structures, or rather structures serving similar purposes, are in use on the oyster beds along the shore of State Island, New York. "It is probably a fact that in all these contrivances they take advan- tage of the effect produced by fresher water upon oysters which have been taken from slightly salt water. The planters of Chincoteague call this 'plumping the oysters for market.' It does not mean that the oysters are augumented in volume by the addition of substantial matter, such as occurs during the actual approj^riation of food, but only that the vascular spaces and vessels in the animals are filled with a larger amount of water, due to endosmose. It is a dealer's trick to give his produce a better appearance in the market, and as such I do not think it deserves encouragement, but rather exposure. " Mr. Conger has actually resorted to warming fresh water to 60 F. in winter, by steam pipes running vmderneath the wooden enclosure surrounding the ' fattening ' or ' plumping ' float. One good ' drink,' as he expressed himself to me, renders the animal fit for sale and of better appearance. " Conger's floats are simply a pair of windlasses, supported by two pair of i^iles driven into the bottom. Chains or ropes which wind upon the windlass pass down to a pair of cross pieces, upon which the float rests, which has a perforated or flat slat bottom, and a rim eighteen inches to two feet high. These floats, I should think, are about eight feet wide and sixteen feet long, jDerhaps twenty. These structures are usually built alongside the wharves of the packing and shipping houses, and are really a great convenience in conducting the WOl'li. ^ * * ^ ". Elsewhere Prof. Ryder speaks of the floats thus: " The diaphragm itself was constructed on l)oards perforated with auger holes and lined on the inside with gunny-cloth or sacking, and the space between the perforated boards was filled with sharp, clean sand. The space between the boards was about two inches; through AND IShELL-FiSH CoMillSSION. 83 this the tide el)l)ed and flowed, giving- a rise and fall of from four to six inches during the interval between successive tides." Mr. F. T. Lane, of New Haven, Conn., writes as follows about the method of floating practiced by himself, and, as I understand, by other New Haven growers: "We do not always leave them two days in the boats — as a rule only one day. We jiut them into brackish water and take them out at low water or in the last of the falling tide, as then the water is the freshest and the oysters are at their best. As it is not convenient for us to put them into the floats and take them out the same day we do not want the water too fresh. On one occasion, wishing to know what the result would be of putting the oysters into water that was quite fresh, I had one of my floats taken up the river half a mile further than where we commonly use them and 100 bushels of oysters put into it at high water and taken out at low water. They were in the water from six to seven hours and came out very nice, fully as good as those floated twenty-four hours in the brackish water. It was a warm day and the water was warm. Under these conditions they will drink very quickly. I have seen them open their shells in ten minutes after they were put into the water." For the following valuable information I am indebted to Mr. R. G. Pike, chairman of the Board of Shell-Fish Commissioners of Connecticut: " Connecticut oysters, Avhen brought from their beds in the salt waters of Long Island sound, are seldom sent to market before they have been subjected to more or less manipulation. As soon as possible after being gathered, they are deposited in shallow tide rivers where the water is more or less brackish, and are left there from one to four days, the time varying according to the temperature of the season, the saltness of the oyster, and the freshening quality of the water. Gener- ally two tides are sufficient for the two ' good drinks ' which the oystermen say they should always have. " This ' floating,' as it is called, results in cleaning out and freshen- ing the oysters, and increases their bulk; or, as many oystermen con- fidently assert, ' fattening ' them. If the weather is warm, they will take a 'drink' immediately if not disturbed; but if the weather is cold they will wait sometimes ten or twelve hours before opening their valves. Good fat oysters generally yield five quarts of solid meat to the bushel; but after floating two tides or more they will measure six quarts to the bushel. After they have been properly floated they are taken from the shell — and as soon as the liquid is all strained off, they are washed in cold water — and are then packed for market. In warm weather they are put into the water with ice, and are also (S4 liEroRT OF Oyster In ]^estj nation packed with ice for shipping. Water increases their bulk by absorp- tion and by mixing with the liquor on the surface of the oysters. The Salter the oyster the more water it absorbs. In twelve hours one gallon of oysters, with their juices strained out, will take in a pint of water; but when very salt and dry they have been known to absorb a pint in three hours. " Water alw^ays thickens the natural juices that adhere to the surface of the oyster, and makes them slimj^ If too much water is added the oyster loses its plumpness and firmness and becomes watery and flabby. " Oysters that have been floated bear transportation in the shell much better than when shipped directly from their beds. Oysters, too, that are taken from their shells and packed in all their native juices spoil much sooner than when their juices are strained out and the meats are washed in fresh cold water. " Long clams are not floated, but round clams are. But both, when shucked, are washed in fresh water. This cleanses them of inud, sand and e:^cess of salt, increases their bulk and imj^roves their flavor. After washing they will keej) much longer without risk of spoiling. If the salt is left in them, as they come from their native beds, their liquor will ferment and they will quickly sjDoil. "The above facts are gathered from the most intelligent men in the shell-fish business in Connecticut, men who have had many years experience in gathering oysters and clams and prej)aring them for home and foreign consumption. They are all agreed that by judicious float- ing in the shell, and by washing and soaking when out of the shell the oyster and the clam increase in bulk and improve in quality and flavor. We will not presume to say that this increased bulk is any- thing more than a mechanical distension of the organs and the cellular tissues of the oyster by water, or that its improved flavor is not due simply to a loss of bitter sea salt dissolved out by the water. Many intelligent cultivators are confident that the increase in bulk is a growl h of fat; while just as many of equal intelligence, declare that it is mere ' bloat ' or distension, akin to that of a dry sjionge when plunged into the water. The exact nature of the change the chemist alone can determine." The following experiments were made with oysters supplied by Mr. F. T. Lane, of New Haven, Connecticut, a communication from whom was just quoted, and for whose courteous aid as well in furnishing the specim_ens as in giving useful information, I take this occasion to express thanks. The oysters have been brought from the James and Potomac rivers and " planted " in the beds in New Haven harbor (Long Island AND 8hell-Fish Commission. 85 sound) in April, 1881, and were taken for analysis in the following' November. Two experiments were made. The j^lan of each experiment consisted in analyzing two lots of oysters, of which both had been taken from the same bed at the same time, but one had been " floated " while the other had not. The first sjsecimen was selected from a boat load as they were taken from the salt water and the second from the same lot after they had been floated in the usual way in brackish water for forty-eight hours. ■ For each of the two experiments, Mr. Lane selected from a boat-load of oysters as they were taken from the salt water, a number, about three dozen, which fairly represented the whole boat- load. The remainder were taken to the brackish water of a stream emptying into the bay and kejDt upon the floats for forty-eight-hours, this being the usual practice in the floating of oysters in this re. ion. At the end of that time the oysters were taken from the floats and a number fairly representing the whole were selected as before. Two lots, one floated and the other not floated, were thus taken from each of two different beds. The four lots were brought to our laboratory for analysis. The specimens as received at the laboratory were weighed. There- upon the shell-contents were taken out and the shells and shell-con- tents both weighed. The solid and liquid portions of the shell con- tents, i. e., the flesh or " solid " and " liquor " or liquids, were weighed separately, and analyzed. We thus *had for each lot the weights of flesh and liquids, which together made the weight of the total shell- contents, and the weight of the shells, which with that of the shell- contents made the weight of the whole specimens. We also had from the analysis, the percentage of water, nutritive ingredients, salts, etc., in the flesh and in the liquids. From these data the calculations were made to the changes which took place in floating. For the details, which are somewhat extended, I may refer to the publications mentioned above. It will suffice here to give only the main results. The body of the animal may be regarded as made up of water and so-called water-free substance. The water-free substance contains the nutritive ingredients or "nutrients." They maybe divided into four classes: (1) Protein compounds, the so-called "flesh-formers," which contain nitrogen; (2) fatty substances, classed as fats; (3) car- bohydrates; (4) mineral salts. These constituents of the flesh of oysters have been but little studied. It is customary to assume them to be similar to the corresponding compounds of other food materials, but very probably the differences, if known, might prove to be impor- tant. The mineral matters especially, which are very large in amount. (S6 Report of Oyster Investigation api^ear to include considerable ot the salts of the sea water. Of the nature of the ingredients of the liquids but little is known. They consist mainly of water and salts, and the amounts of their ingredi- ents which are here reckoned as protein, fats and carbohydrates, are very small, so that whatever error there may be in classing them with the ordinary nutrients of food it will not very seriously affect the estimates of nutritive values. General Results of the Experiments. During the sojourn in brackish water both the flesh (l)ody) and the liquid portion of the shell-contents of the oysters suffered more or less alteration in composition. In order to show clearly what the principal changes as shown by the chemical analysis were, some statistics may perhaps be permissible here. Changes in the Composition of the (Body of the) Oysters in Floating. 1. The changes in the constituents of the body were mainly such as would be caused by osmose, though there were indications of secre- tion of nitrogenous matters, and especially of fats, which are not so easily explained by osmose. This I will sjDeak of later. 2. The amounts of gain and loss of constituents which the bodies of the oysters experienced may be estimated either by comjoaring the percentages found by analysis before and after dialysis, or by com- paring the absolute weight of a given quantity of flesh and the weights of each of its ingredients before, with the weights of the same flesh and of its ingredients after dialysis. For the estimate by the first method we have simj)ly to compare the results of the analysis of the floated and the non-floated specimens. Taking the averages of the two experiments, it apj^ears that: Before After. The percentages of Dialysis. Dia,lysls. Water rose from 77.9 to 82.4 Water-free substance fell from 22 . 1 to 82 . 4 Total flesh 100.0 100.0 Protein 10 . 5 to 8.9 Fat fell from 2.5 to 1.9 Carbohydrates, etc., fell from 6.9 to 5.2 Mineral salts fell from 2.2 to 1.6 Total watei'-free substance of flesh 22.1 17.6 There was, accordingly, a gain in the i^ercentage of water and a loss of that in each of the ingredients of the water-free substance. This accords exactly with the supposition that during the floating the flesh gained water and lost salts and other ingredients. Changes in Composition of Flesh of Oysters in Floating. Experiment I. Experiment II. Water. [ZZTJ Nutritive Ingredients. n MINERAL MATTERS. Salts, e. g. Chlorides, Sulphates, etc. CARBOHYDRATES. Substances allied to Starch, Sugar, L II. III. etc. r:3 FATS. Substances more or less similar to the fat of meat, butter, and the fatty and oily matters of wheat, po- tatoes, etc. PROTEIN. Flesh (muscle) forming substances like those in the ' ' lean ' ' of meats and fish, casein (curd) of milk, gluten of wheat, etc. I. Constituents in loo parts be- fore floating. II. Constituents in loo parts after floating. III. In floating, loo parts increases to I20.8 and 113.6 in the respective experiments. II. III. AND Shell-Fish C'o3imis8ion. 87 It will be more to the point to note the absolute increase and decrease in amounts of flesh and its constituents — in other words, the actual gain or loss of each, in the floating. Estimates by this method have been made and explained in the detailed accounts referred to. They make it appear that 100 grams of the flesh as it came from the salt water was increased by floating, in one specimen to 120.9 and in the other to 113.4 grams. This is equivalent to saying that the two specimens of flesh gained in the floating, respectively, 20.9 and 13.4 per cent, or on the average 17.3 per cent of their original weight. By the same estimates the water-free substance in the 100 grams of flesh before the floating weighed on the average 22.1 grams, while that of the same flesh after floating weighed 20.6 grams, making a loss of 1.5 grams or Q.Q j^er cent of the 22.1 grams, which the water- free substance weighed before dialysis. The main results of the two experiments thus computed may be stated as follows: In the "floating" of 100 grams of flesh (body) of the oysters: Before After The weight of Dialysis. Dialysis. Water rose from 77 . 9 grams to UG . 6 grams. Water-free substance fell from 22-. 1 grams to 20.(1 grams. Whole flesh rose from 100 . grams to 117.2 grams. Protein was assumed to remain the same 10.5 grams to 10.5 grams. Fat (ether extract) fell from 2.5 grams to 2 . :^ grams. Carbohydrates, etc., fell from 6.9 grams to 6.0 grams. Mineral salts (ash) fell from 2.2 grams to 1.8 grains. 22.1 20.6 Estimating the increase or decrease of weight of each constituent in ]ier cent of its weight before floating: Per cent of original weight. The water gained 23 . 9 The free-water substance loses 6.6 The whole flesh (body) gained 17 . 3 The protein was assumed to neither gain or lose. The fat loses 8.8 The carbohydrates, etc. , loses 12.5 The mineral salt loses 15.5 In brief, according to these computations, the flesh lost lietween one- sixth and one-seventh of its mineral salts, one-eighth of its corbo- hydrates, and one-twelfth of its fat, but gained enough water to make up this loss and to increase its whole weight, by an amount equal to from one-seventh to one-fifth of the original weig'ht. 88 JiEPORT OF OYSTEI? ] NVESTIfl ATION These estimates are based ou the assumption that the amount of protein in the flesh remained unchanged during the floating. It seems probable, however, that the flesh may have lost a small amount of nitrogenous material. If this was the case the actual gain of flesh and of water must have been less and the loss of fats, carbohydrates and mineral salts greater than the estimates made them. But there appears to be every reason to believe that the error must.be very small, and since it would affect all the ingredients in the same ratio, the main result, namely, that there was a large gain of water and a considerable loss not only of mineral salts, but of fats and carbo- hydrates as well, can not be questioned. Changes in the Composition of the Liquid Portion (Liquor). 3. The liquids might be expected to receive material from the flesh, and to yield material to the surrounding water. The materials com- ing from the flesh would be such as the latter parted with by either osmose or secretion. Those yielded to the water would either escape hy diffusion or l^e washed away when the shells were open wide enough to allov/. What share each of these agencies had in effecting the changes that actually occurred in the liquids, the experiments do not and, in the nature of the case, can not tell. Comparing the per- centage composition of the liquids before and after floating, as shown by the averages of the analysis in the two experiments, it appears that : Before. After. The percentages of Dialysis. Dialysis. Water rose from 94.9 to 95.5 Water-free substance fell from 5.1 to 4.5 Total 100.0 to 100.0 Protein rose from 1.9 to 2.1 Carbohydrates, etc., rose from 0.7 to 1.1 Mineral salts fell from 2.5 to 1.3 The increase in the percentage of water, and the decrease in that of mineral salts are very marked. The quantities of fats (ether extract) are too small to be taken into account. The increase of nitrogen and that of carbohydrates, though absolutely small, are nevertheless out- side the limits of error of analysis, and must, like those of the salts, rejiresent actual changes in the composition of the liquids. The experiments give no reliable data for the determinations of the absolute increase and decrease of the liquids and their constituents, so that it is impossible to say with entire certainty whether there was or was not an actual gain of protein or fats or carbohydrates. It AND ShELL-FiSII OOJLMISSION. 89 would seem extremely probable, ll0^yever, that the liquids received and retained small quanties of these materials from the flesh (bodies) of the animals. Changes in the Composition of the Whole Shell-Contents, Flesh AND Liquids. 4. Comparing the average percentage composition of the total shell- contents, before and after floating in the tvs^o experiments, it appears that : Before. After. The percentages of Dialysis. Dialysis. Water rose from 8.5.2 to 87.1 Water-free substance fell from 14.8 to 12.9 Total 100.0 to 100.0 Protein (N. X. 0.25) fell from 6.8 to C..5 Fats (ether extract) fell from 1,4 . to 1.2 Carbohydrates, etc., fell from 4.3 to 3.7 Mineral salts (ash) fell from 2.3 to 1.5 Total water-free substance 14.8 to 12.9 After so much detail I ought, perhaps, to simply summarize the results in a few words and close. But one or two brief matters call for a notice. If the changes in composition of the oysters in floating were due to osmose or dialysis alone, we should expect simply a gain of water and loss of salts (and perhaps of carbohydrates). But the flesh seems to have lost a little carbohydrates and fats and probably protein also, along with the salts, while it was absorbing water. A way in which this may have come about is suggested by my colleague, Prof. H. W. Conn, who calls attention to the fact that some mollusks, when irri- tated produce an extremely abundent secretion of mucus or " slime," so much, indeed, as to sometimes render a small quantity of water in which the animals may be confined, quite sensibly gelatinous. He suggests that the change to fresh water may, indeed, induce such a secretion of mucous and perhaps of carbohydrates and fats as well, which would account for the increase of these substances in the liquids. The observation of oyster dealers that water always thickens the natural juices that adhere to the surface of the oyster and makes it slimy, accords with Prof. Conn's statement. . If such secretion did take place, the flesh must probably have lost a little protion during the floating. The estimates of absolute gain and loss of weight of flesh and ingredients (see detailed accounts of the 12 90 Report of Oyster iNVESTiGATioisf experiments) are based upon the assumption that the quantity of protein was unaltered in floating. If protein was given off, therefore, the estimates are wrong. Bat the quantity of protein secreted and the consequent error must be, at most, very slight. If there is an error its effect would be to make the quantities of nutrients after floating appear larger than they really were. In other words, if the error was corrected it would make the loss of nutritive material in floating greater than it appears to be in the figures above given. As explained in the detailed report above referred to. I have assumed that the changes due to the ordinary processes of metabolism would be to small too materially affect the results. The experiments might have been so conducted as to decide this question. It would have been necessary to simply take a large number in each lot before and after floating and l^e certain that the number, weight and bulk were the same in the floated and not-floated lot of each experiment. For instance, we might, in each experiment, care- fully select two lots of, say a bushel, each, as taken from the beds, have the number of oysters the same in each bushel as an additional assurance that the two lots were alike, float one bushel and weigh and analyze both. A few experiments of this sort made under different conditions of time, temperature, kind and age of oysters, etc., would give reliable and valuable data. Unfortunately the means at my disposal did not permit so thorough experiments. I am persuaded, however, that the results of such series of trials, if they could be made — and I wish they }night be — would be very similar to those of the trials here repoi-ted. It is very interesting to note that these processes which we have been considering in the body of oysters are apparently very similar to processes which go on in our own bodies, namely those by which our food, after it is digested, finds its way through the walls of the stomach and other parts of the alimentary canal into the blood, to be used for nourishment. Physiologists tell us that the passage of the digested materials through the walls of the canal is in part merely a physical action, due to osmose, but that it is in part merely dejDendent upon a special function of the organs. In like manner the changes in the composition of the oyster, if the above explanation be correct, are caused partly by osmose, and partly by special secretive action, the cell walls and oiiter' coating of the body of the oyster correspond- ing to the walls of the alimentary canal of the human body. AND SlIELL-FlSH C'OMJITSSION. 91 Conclusion. The main points presented in tliis paper may be very briefly summarized thus: In the floating of oysters for the market, a practice which is very general and is also used for other shell-fish, the animals are either taken direct from the beds in salt water and kept for a time in fresher (brackish) water before opening, or water added to the shell- contents after they are taken out of the shell. When thus treated, the body of the animal takes up water and parts with some of its salts; and small quantities of the nutritive ingredients • escape at the same time. The oysters thus become more plump and increase considerably in bulk and weight. But the quantity of nutri- tive material, so far from increasing, suffers a slight loss. In the experiments here reported, the increase in bulk and weight amounted to from one-eighth to one-fifth of the original amounts- This proportion of increase is about the same as is said to occur in the ordinary j)ractice of floating or " fattening " for the market. According to this, five quarts of oysters in their natiiral condition would take up water enough in "floating " to increase their bulk to nearly or quite six quarts, but the six quarts of floated oysters would contain a trifle less of actual nutrients than the five quarts not floated. The gain of water and loss of salts is evidently due to osmose. The more concentrated solution of salts in the body of the animal as taken from salt water, passes into the more dilute solution (fresher water) in which it is immersed, Avhile a larger amount of the fresher water at the same time enters the body. But part of the exchange and especially that by which other materials, namely fat, carbohy- drates, protein, etc., are given off in small quantities, is more probably due to a special secretory action. There is thus a very interesting- parallelism between these processes of secretion and osmose (dialysis) in the oyster and those in the bodies of higher animals, including man, by which the digested food is carried through the walls of the alimentary canal into the blood. The flavor of oysters is improved by the removal of the salts in floating, and they are said to bear transportation and to keep better. Wlien, therefore, the oysterman takes " good fat oysters," which " yield five quarts of solid meat to the bushel," and floats them so that "they will yield six qiiarts to the bushel," and thus has an extra qviart of the largest and highest priced oysters to sell, he offers his custom- ers no more nutritive material — indeed, a very little less- — -than he would have in the five quarts if he had not floated them. But many people prefer the flavor of the floated oysters, and since they buy them 92 Report of Oyster Investigation more for the flavor tliau for the nvitrimeut, doubtless very few custom- ers would complain if tbe}^ understood all the facts. And consider- ing that the practice is very general and the prices are regulated by free competition, the watering of oysters by floating in the shell, per- haps, ought not to be called fraudulent. But rather than pronounce upon this and other questions suggested by the above considerations I, however, should prefer to leave them to the association for discussion. In the common practice of preparing oysters for the market by j)lacing them for a time in brackish or fresh water, called "floating," "plumping "or "fattening," a considera])le amount of water passes by osmose into the body of the animal, thus increases its size and weight. At the same time more or less of the solid constituents pass out, so that instead of a gain there is an actual loss of nutritive ingredients. The diagram opposite illustrates the changes found, by experiment, in two lots of oysters. In (1) are shown the constituents in 100 parts, by weight of the flesh of oysters l)efore floating. In (2) the comjiosi- tion of 100 parts of the same after floating, while (8) shows the whole weight and the weights of the several constituents, after floating, of the oyster which before floating weighed 100. The protein, fats, carbohydrates and part of the mineral matters are the nutritive ingredients. The remainder of the mineral matters consists of the salts of the sea-water, which permeate the flesh, and of which part, with a small amount of the nutrients, escaj^es in the floating. Thus 100 ]}^viH of the flesh were comj^uted to increase to 120.8 parts in experiment 1, and to 11;1G parts in experiment 2, but in both cases there was, with the gain of water, a slight loss, not only of mineral salts (chiefly those of the sea-water which permeated the flesh), but also of the nutritive ingredients, fats and carbohydrates. The floating of the oysters is, therefore, not a process of fattening, but of watering. AND Shell-Fish Commissiox, 93 APPENDIX "C." Shell-Fish Law of 1887. CHAPTEE 584. An Act to promote aud protect the cultivation of sliell-fisli, witliin the waters of this State, for the appointment of an additional commissioner of fisheries ; to authorize the grant of franchises for the use of certain lands under water belonging to the State aud to make an appropriation therefor. Passed June 16th, 1887 ; three-fifths beinj? present. Tlie People of the State of New York, represented in Senate and Assembly, do enact as follows. • Section 1. The Commissioner of Fisheries, appointed under chapter three hundred aud nine, laws of eighteen hundred and seventy-nine, and his successor in office, shall be known as the Shell-Fish Commis- sioner, and shall finish and complete the survey now being made under his direction of all the lands under the waters of the State suitable for use for the planting and cultivation of shell-fish, and shall make a map thereof as heretofore provided. He shall finish tijud complete the survey now being made of all the beds of oysters of natural growth located in the waters of the State, and such beds of ousters of natural growth shall be set apart and preserved, and shall not be deemed to be included in the lands for which franchises are to be sold under the l^rovisions of this act. Said commissioner shall ascertain the occu- pants of all lands claimed to be in the possession or occupation of any person or persons, and no grant of lands so occupied or possessed shall be made, except to the actual occupant or possessor thereof; provided said occupant or possessor, within one year from the passage of this act, shall make application for, and purchase the same. § 2. For the further purposes of this act, the Governor is hereby authorized to appoint an additional commissioner of fisheries, who shall be a man of experience in oyster culture, aud who shall be a resipent of Richmond, Queens, Kings or Suffolk counties. § 3. Immediately after the passage of this act the Commissioners of Fisheries shall meet at some place, to be designated by them, in the city of New York, for the purpose of making such rules and regulations as shall be deemed necessary as j^reliminary to hearing and granting applications for perpetual franchises for the purj)ose of shell-fish cul- tivation on the lands under the waters of this State mentioned in sec- tion one of this act, suitable for planting and cultivation of shell-fish. After such rules and regulations shall have been agreed upon and for- 94 Repobt of Oyster Investigation mulated, tlie said commissioners of fisheries shall pi'oceed to grant franchise for the purpose of shell-fish cultivation, as hereinafter pro- vided. But no such franchise shall be granted until one month's notice of the application for a franchise or frauchises shall have been given by posting in a conspicuous place, in the office of the Shell-Fish Com- missioner, and in the office of the tovpn clerk of the town nearest to the lands api^lied for. § 4. No gi'aut shall be made to any person or persons who have not resided in this State at least one 3^ear preceding the date of applica- tion, and no grant shall be made to any person, firm or corjjoration in excess of two hundred and fifty acres, and no person, firm or corpora- tion shall be allowed to hold, at any one time, more than two hundred and fifty acres. § 5. When the conditions precedent to the granting of franchises, mentioned in the foregoing sections, have been complied with, the Commissioners of Fisheries are here1)y empowered, in the name and behalf of the people of the State of New York, to grant, by written instruments under their hands and seals, perpetual franchises for the purposes of shell-fish cultivation in the lands applied for under the waters of the State, for the consideration of not less than one dollar per acre, if the lands are unoccupied or unused, and not less than twenty- five cents per acre if the lands are in present use and occupation, and the right to use and occupy said grounds for said purposes shall be and remain in the said grantee, his legal representatives or successors forever; provided only tliat the said grantee, his legal representatives or successors shall actually use and occupy the same for the purpose of shell-fish cultivation, and for no other purpose whatever. And the moneys received for the sale of such franchises shall be paid forthwith into the treasury of this State. § G. The franchises thus granted shall be deemed to be personal property, and courts of law and of e([uity shall have power, authority and jurisdiction to determine and enforce the rights of persons, firms or corporations thereto as though such franchises were actually, per- sonal property owned and possessed by such persons, firms or cor- porations, and such franchises may be sold, transferred, assigned or conveyed the same as other ])ersonal property. Immediately after the receipt of the aforesaid instrument of conveyance, the grantee shall at once cause the grounds therein conveyed to be plainly marked out by stakes, buoys or monuments, which stakes, liuoys or monuments shall be continued by said grantee his legal representatives or successors. AND Shell-Fish CoMMrssiON. 95 § 7. The said commissioners are hereby authorized to appoint and employ a clerk whose compensation shall not exceed fifteen hundred dollars per annum, which comijensation and the necessary expenses for carrying out the provisions of this act shall be paid by the Treas- urer upon the warrant of the Comptroller, to the order of the said commissioners, upon vouchers to be aj)proved by the Comptroller. The said clerk shall give a bond, to be approved by the Comptroller, in the penal sum of five thousand dollars, for the faithful performance of his duties. § 8. The j^rovisions of this act shall not be deemed to limit or inter- fere with the i^owers of the Commissioners of the Land Ofiice, to grant to owners of uplands adjacent to such fisheries any of the lands under the waters of this State as is now j)rovided by law. But in case any grant shall be made by the Commissioners of the Land Ofiice of any land actually occupied and in use under the provisions of this act for the cultivation of shell-fish, such grant by said Commissioners of the Land Office shall be subject to the right of the occupant to occupy such grounds for two years thereafter, for the cultivation and removal of the shell-fish there planted. § 9. This act shall not apply to nor be held to effect in any way lands under water owned, controlled or claimed under colonial patents or legislative grants by an}' town or towns, person or persons, in the counties of Suffolk, Queens, Kings and Richmond; lands under the waters of Gardiner's and Peconic bays, ceded by the State to the coimty of Suffolk, pursuant to chapter three hundred and eighty-five of the laws of eighteen hundred and. eighty-five, lands under water in Jamaica bay, lands in the jurisdiction of the towns of Hempstead and Jamaica or in the county of Westchester. § 10. The sum of three thousand dollars, or so much thereof as may be necessary, is hereb}^ appropriated out of any moneys in the treasury not otherwise appropriated, payable by the Treasurer on the warrant of the Comptroller to the order of the said commissioners for carrying out the provisions of this act, upon vouchers to be approved by the Comptroller. S 11. This act shall take effect immediately. 9(3 Report of Oyster Investigation APPENDIX "D." Law Ckeating Office of Oyster Pkotectoe. CHAPTEE 300. An Act for the jjrotecfcion of the natural oyster beds located in the waters of the State of New York. Passed May 10, 1886 ; three-tifths being present. The People of the State of New York, 7-epresented in Senate and Assembly, do enact as follows : Section 1. It shall not be lawful for any i^erson or persons, corpo- ration or corporations, to place, or cause to be placed, in any manner whatsoever, in any waters within the jurisdiction of the State, any sludg-e acid or other refuse matter, resulting from the manufacture, or process of manufacture, or treatment of crude or rtfined material from any oil refinery or oil works, any sugar rehnery or sugar works, or from any gas house, or building or buildings used for the makiiDg of gas, or to deposit in said waters any substance injurious to oyster culture, provided, however, that nothing in this section shall be held to apply to any refuse from the manufacture or handling of crude or refined oil and guano made from menhaden or other oil-bearing fish. § 2. It shall not be lawful to throw or cause to be thrown from any boat, scow or vessel whatsoever, into the waters of Long Island sound or into the bays and harbors opening into the same, west of a line drawn from Eaton's Neck, due north to the boundary line bet^v'een New York State, and the State of Connecticut, any cinders, ashes, refuse or garbage. § 3. Any person or corporations violating the provisions of either of the foregoing sections of this act shall be adjudged guilty of a misdemeanor. § 4. Provides for the appointment of an officer to be called the State oyster protectoi', whose duty it shall be to enforce the pro- visions of this act, under the direction of Mr. Eugene G. Blackford, Commissioner of Fisheries, in charge of oyster investigation. § 5. This act shall take effect immediately. AND SlIELL-FlSH CoJIMLSSION. 97 APPENDIX "E." Rules of the Commissioners of Fisheries. In Relation to Granting of Franchises in Lands Under Water for the Purpose of Shell-Fish Cultivation, Adopted Seiitemher 5, 1887. First. The commissioners will meet on the first Monday of each month at the office of the commission in the city of New York, for the purpose of hearing and granting applications for franchises. Second. Applications for franchises will be recived by the clerk of the commissioners at any time, and the date of the reception will be indorsed at once upon the application. Third. Printed forms of application will be furnished by the clerk of the commissioD. Fourth. No grant of land will be made in excess of two hundred and fifty acres. Fifth. The terms " occupation and use " will be held to mean, in the opinion of the commissioners, at least one year's actual occupation and use in planting and cultivating shell-fish. Sixth. Beds of oysters of natural growth will be held to mean per- manent beds, not sporadic beds, of oysters growing naturally in sufficient quantities to be worked profitably. Seventh. In making applications, applicants must state on oath, that they believe that the grounds applied for are not already desig- nated as natural beds, or occupied, unless by applicant. That the ai^plicant wishes tlietn for the purpose of cultivating shell-fish, and that the applicant is a resident of the State, and has been for at least one year next j^receding date of apjolication. Eighth. Applicants must describe in detail the lands applied for, giving their location, number of acres wanted, etc. Ninth. The grants of lands will be made as nearly as possible in accordance with the description given in the applications, but the commissioners will not grant lands bounded by other than by north and east lines except in cases where the shore lines prevent, and in special cases. Tenth. Long Island sound will be divided into townships, sections and lots. Eleventh. When an application has been made, the •commissioners will cause the engineer to designate the vacant sections or lots nearest and incuding if possible the plot described, up to the limit of the land to be granted in each case. If no objection arises, the lands so desig- 13 98 Report of Oyster Investigation nated will be £;'ranted and franchises issued upon payment to the clerk of the commissioners, of the proper fees and charges. Twelfth. The lands applied for, if granted, will be buoyed or staked out under the direction of the engineer, who will place the owner at each of his respective corners and show him where to drop his buoys or plant his stakes, l)ut in all cases the buoys, ground-tackle and stakes shall be sui:)plied and fui-nished by the grantee or owner of the franchises. Thirteenth. After the franchise has been granted the owner will be required to keep the corners of his property distinctly staked or buoyed in accordance with the law; and each corner stake or buoy shall have stamped or otherwise permanently marked upon it a par- ticular number, which number will l)e furnished by the engineer. Fdurteeiith. Records of the pcjsition of each stake or buoy at the several corners of the lands granted by the commissioners are on file at this office, and in the event of the loss of any of these stakes or buoys, the owners can have them re-set upon application, and the pay- ment of the actual expenses of re-setting. Fifteenth. The charge for surveying shall be twenty-five cents per acre, with ten per cent additional for every corner in excess of four in any one lot, provided no lot shall be surveyed for less than one dollar. Sixteenth. Franchises may be sold, transferred, leased or assigned, but no person, lirm or corporation will be allowed to hold in excess of 250 acres. Sere/tteenth. All transfers of franchises must be recorded at the office of the commissioners, and a transfer fee of fifty cents will be charged. Eighteenth. No franchise will be granted until one mouth's notice of the application for such franchise shall have been given by posting in a conspicuous place in the office of the Shell-Fish Commis- sioner, and in the office of the town clerk of the town nearest the lands applied for. Ninteenth. The franchises thus granted shall be deemed to be per- sonal property, and courts of law and of e([uity shall have power and jurisdiction thereto as though such franchises were actually personal property. Twentieth. For the purpose of hearing and granting applications for franchises in l;#ids under water, three commissioners shall constitute a quorum of the Board. Twerity-fird. The clerk shall give a l>ond in the penal sum of $5,000 for the faithful performance of his duties, and the prompt payment by him to the State treasury of all moneys received by him for the sale of franchises. AND Shell-Fish Commission. 99 Twenty-second. The accounts of the clerk will be audited at each monthly meeting of the commission, by a committee to be appointed by the president of the commission. Tv:enty-third. No grant of lands in present occupation and use shall be made except to the actual occui:)ant and owner thereof, provided said occupant or j^ossessor, within one year from June IG, 1887, shall make application for and purchase the same. Twenty-fouiih. All disj)utes as to boundary lines will be referred to the engineer, and the decision of the engineer, if agreed to by the commissioners, will be final. Twenty -fifth. "WTienever any grant of land so made shall fail to he occiipied in good faith for the cultivation of shell-fish by the grantee thereof within two years after the date of said grant, the laud so granted shall revert to the State. Twenty-sixth. All franchises, except where the land has been in occupation or cultivation, shall be disposed of at public auction to the highest responsible bidder, after two weeks notice of the proposed sale to be posted in the office of the commissioners and to be pviblished once in each week for two weeks in a newspaper j^ublished in the county where the lands lie. Amendment to Rules 2G. One month's public notice shall be given by posting in the office of the commissioners in the city of New York, and by advertisement in two newspaj^ers, each published iu the county where the lands to be disposed of shall be situated, that on a day to be stated in such notice and within one week from the date of the last publication thereof, sealed bids will be received for grants to be specified by their survey number. On a day to be also stated in such notice, all the bids shall be opened by the commissioners, at a meeting of the Board to be held for that purpose. The opening of the bids vaiij be postponed, and in case of a failure to have a quorum of the commission present, shall lie over until the next meeting. No bid for a sum of less than one dollar per acre for such lands shall be considered, and the Board shall have discretion to accept such bids as they shall deem for the best public interest, and to reject any and all bids that they shall not deem it good policy to accept. Franchises in conformity to these conditions may then be issued in the manner provided by law. The vote on each proposed grant shall be taken by yeas and nays, which shall be entered upon the journal, and the affirmative vote of a majority of all the members of the com- mission shall be necessary to each grant. 100 Report of Oyster Investtoation Tiventy-seventh. The commissioners reserve the right to reject any nnd all bids. Twenty-eighth. All objections to the granting of franchises shall be filed with the clerk, and notices of hearing before the commission shall be given to applicants and objectors. Twenty -ninth. These regulations may be amended only at a regular meeting of the commission after notices in writing to all the commis- sioners of the proposed amendment. APPENDIX "F." Form of Application. To the Gominixm>nerf< of Fisheries of the State of New York : The application of , a resident of the town of in the county of and State of New York, respectfully shows; that he has resided in said State more than one year next preceding the date of this application; that the grounds herein described are not now natural oyster beds; and have not been designated according to the provisions of the act here- inafter mentioned as natural' oyster beds; that he wishes and intends to use said grounds for planting and cultivating shell-fish; that he does not own a franchise for oyster cultivation directly or indirectly or indirectly on any grounds under water which with that applied for will exceed 250 acres. That he has been in the actual occupation and use of said lands in planting and cultivating shell-fish for at least one year before the date of this application. He therefore respectfully rec[uests that said commissioners, pursuant to an act entitled "An act to promote the cultivation of shell-fish," passed by the Legislature of New York, June 16, 1887, will grant him, in the name and behalf of the State of New York, a perpetual franchise for planting and cultivating shell-fish, in acres of ground, located under the waters of the State, in the town of . ., in the State aforesaid, which grounds are more particularly l)ounded and described as follows, to wit: Dated at , N. Y., this day of A. D. 188. Sworn to before me this day of .. 188. Apjilicant. AND Shell-Fish Co3niissioN. ] 03 APPENDIX «G." Notice. Notice is hereby given tliat , of tlie town of , N. Y., has made application to the Gommissiouers of Fisheries, State of New Yoi-k, for a perpetual franchise in and to .... acres of lands under the waters of the State, located and described as follows : On Monday, . . . . , the Commissioners of Fisheries will meet at their office, , New York city, for the purpose of hearing and granting applications for j)erpetual franchises, and any objections to the granting of the above mentioned application will then be heard. By order of THE BOARD OF COMMISSIONERS OF FISHERIES. APPENDIX "H." AFFir)A\T:T OF Posting. Town of County of being duly sworn, deposes and says, that on the day of 188 . . , he posted the notice of the application of of to the Commissioners of Fisheries, State of New York, for franchises in lands under the waters of the State, in the office of the Shell-fish Commissioner, and in the office of the town clerk of the town nearest the lauds apj)lied for, as required by law. Sworn to this day of 188 . . 102 Report of Oyster Investigation APPENDIX "I." Shell-Fish Commissioner's Certificate. New York, , 188.. To the Gommissioner^ of Fisheries, State of New York : Gentlemen. — I hereby certify that is the occupant of the lots described in the application attached, and that the land applied for is not natural growth oyster land and has not been designated by me as such. Shell-Fish Gmwiissioner. APPENDIX "K." Engineer's Certificate. New York, ,188... To the Commissioners of Fisheries, State of New York : Gentlemen. — I hereby certify that the lauds described in sections 1, 2, 3, 4 and 5, in the attached application (No ), of of does do not aggregate, together with the oyster lands already granted api:)licaut, more than two hundred and fifty acres. Remarks : Engineer. APPENDIX "L." Clerk's Certificate. To the Commissioners of Fi>^heries, Slate of New York : Gentlemen. — I hereby certify, that no objections have been received to the granting of the application of of for a franchise in lot in Clerk. AND SlIELL-FlSH CoinilSSION. 103 APPENDIX "M." Indorsement. Application No Name of applicant Address Number of acres applied for Where located Notice, when posted. Shell-Fish Commissioner's office , 188 . . Town clerk's office , 188 . .. Character of land Report of Shell-Fish Commissioner Report of engineer Remarks by clerk . APPENDIX "N. " Form of Franchise. Whereas, resident of the State of New York, ha , pursuant to an act entitled " An Act to promote and protect the cultivation of shell-fish, etc." passed by the Legislature June 16, 1887, made application to the Commissioners of Fisheries of the State of New York for a grant of a perpetual franchise for planting and cultivating shell-fish in the grounds hereinafter bounded and described, wherein he represent that he ha resided in the State of New York more than one year next preceding the date of said application ; that the said grounds are not natural oyster beds, and have not been set apart, reserved or desig- nated, accofding to the provisions of the said act, as natural oyster beds; and that the said lands have been in actual occapation and use in planting and cultivating shell-fish for at least one year before the date of application, that he wish and intend to use said grounds for planting and cultivating shell-fish, which application is dated the day of A. D., 188 , . , and was 104 Report of Oyster Investigation filed with the clerk of said commissioners on the day of A. D., 188 . . , stating the name and residence of said applicant and the location, area and description of the grounds applied for, and was j^osted in a conspicuous place in the office of the Shell Commissioner, and also in the office of the town clei'k of the town nearest to the lands applied for, and all the other rules and regulations of the Fishery Commission, made in pursuance of the aboved mentioned act have been fully complied with; and Whereas, No valid objections having been made thereto, and the area of said grounds not being, in the opinion of the commissioners, of unreasonable extent, the said grounds having been surveyed, located and delineated on the map of the commissioners; the actual cost of surveying and mapping said grounds amounted to . . dollars and the price of said grounds at per acre, amounting to dollars, having been paid by said applicant, to the commissioners for the benefit of the State of New York; now, therefore, Know all Men by these Presents, That the State of New York, acting by and through the Commissioners of Fisheries, in considera- tion 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 applicant , and to .... legal representatives forever, a perpetual franchise for the purposes of shell-fish cultivation in the lands applied for under the waters of this State, consisting of acres, bounded and described as follows, that is to say: Tohaveandtohold the same unto the said grantee and legal representatives or successors, forever; provided, that said grantee shall at once cause the said grounds to be plainly marked by stakes, boiiys, ranges or moniiments, which stakes, bouys, ranges or monuments shall be continued by the said grantee and legal representatives; and provided further, that the grantee or holder of said grounds shall actually use and occupy the same for the purposes named in good faith and for no other purpose, and that this grand is accepted by said grantee subject to all the provisions of the act aforesaid; and pro- vided further, that the said grantee does not now and shall not in future accpiire more than 250 acres of land for shell-fish cultivation. And it is stipulated, conditioned and agreed that if the grantee herein shall cease to actually use and occupy the premises hei-eby granted for shell-fish cultivation, or shall use them for any other purpose what- AND Shell-Fish Coj\nnssioN. J05 ever; or now owns or shall hereafter acquire lauds under the act aforesaid, which together with the lands hereby granted, shall be in excess of 250 acres, or shall have been guilty of any misrej)resentation in the acquisition of this grant, then this grant shall be void, and the lands herein described shall forthwith revert to the State of New York. In case any dispute as to the boundaries of the land hereby granted shall arise, it shall be determined by the engineer of the Fishery Commission. In Witness Whereof, the Commissioners of Fisheries, in behalf of the State of New York, by virtue of the authority vested in them by by said act, have hereto set their hands and seals this day of A. D., 188.... Signed, sealed and delivered in presence of Grant of shell-lish franchise to , dated . . . . 188 .... Recorded , 188 . . . . , in book , page acres in the town of APPENDIX "O." Assignment. Know all Men by these Presents, That of the town of , county of and State of New York, in consideration of the sum of dollars received to full satisfaction ha. . . . sold, assigned and conveyed, and by these presents do ... . sell, assign, and convey to of the town of and State of New York, all such right, title and interest as have or ought to have in and to the perpetual franchise for planting and cultivating shell-fish in the following- described grounds, to wit : being the same franchise granted to of the town of , in the county of and State of New York, by the Commissioners of Fisheries of New York by grant dated the day of A. D., 188 . . , and recorded in the office of the Commissioners of Fisheries aforesaid, in book , page To have and to hold the same unto the said assignee and legal representatives forever, subject nevertheless to all the conditions, reservations, stipulations and provisions in said grant of said commissioners contained and also 14 106 (fYSTER Investigation ANB Shell-Fish Commission. of the act entitled, " An act to promote and protect the cultivation of shell-fish, etc.," passed by the Legislature of the State of New York, June 16, 1887, and that the franchise shall be forfeited if more than 250 acres are held at one time. In witness whereof, have hereunto set hand and seal this day of , A. D., 188 . . . Signed, sealed and delivered in presence of STATE OF NEW YORK^ County of On the day of , 18 . . . , personally appeared before me to be known to be the person described in and who executed the foregoing statement and acknowledged that he executed the same. [Indorsed] . Assignment to Dated , 18 . . . Recorded , 18 . . . , in book , page LIBRARY OF CONGRESS 002 911 471