(5) Nonenforcement.—The worst feature of allowing town control of the shellfisheries is the nonenforcement of the laws already passed. We find in many towns that good by-laws have been made, but from inattention and lack of money these have never been enforced and have become practically nonexistent. The 1½-inch quahaug law of several towns is an instance of this. In but one town in the State, Edgartown, is any effort made to enforce this excellent town by-law, although several of the other towns have passed the same. The proper enforcement of laws is as important as the making, as a law might as well not be made if not properly enforced. The only way that this can be remedied is either to take the control completely out of the hands of the town, or else have a supervisory body which would force the town to look after violators.
Besides the town by-laws there are other evils which result from the present system of town control.
II. Lack of Protection in Oyster Industry.—In no case is the management by towns more inefficient and confusing than in the case of the oyster industry. As this subject will be taken up in the oyster report which follows, it is only necessary here to state that there is great need of a proper survey of grants, fair laws, systematic methods, etc. Protection is necessary for the success of any industry, and is especially needed for the oyster industry. The oyster industry of Massachusetts will never become important until adequate protection is guaranteed to the planters. Under the present system, uncertainty rather than protection is the result.
III. Town Jealousy.—The evil of town jealousy, whereby one town forbids its shellfisheries to the inhabitant of neighboring towns, is to-day an important factor. It is fair that a town which improves its own shellfisheries should not be interfered with by a town which has allowed its shellfisheries to decline. While this is true perhaps of the clam, quahaug and oyster, it does not hold true of the scallop. The result of this close-fisted policy has resulted in the past in a great loss in the scallop industry. The town law in regard to scallops is all wrong. The scallop fisheries should be open to all the State, and no one town should "hog the fishing," and leave thousands of bushels to die from their dog-in-the-manger attitude.
IV. Sectional Jealousy.—Another evil, which in the past has been prominent, but is becoming less and less as the years go by, is the jealousy of the north shore v. the south shore, Cape Cod v. Cape Ann. In the past this has been a stumbling block against any advance, as any plan initiated on the south shore would be opposed from sheer prejudice by the north shore representatives, and vice versa. The cry of "entering wedge" has been raised again and again whenever any bill was introduced for the good of the shellfisheries by either party. Merely for political reasons good legislation has been defeated. However, the last few years have shown a decided change. The jealous feeling has in a large measure subsided; the shellfisheries need intelligent consideration, and all parties realize that united effort is necessary to insure the future of these industries.
V. Quahaugers v. Oystermen.—On the south shore the worst evil which at present exists is the interclass rivalry between the quahaugers and oystermen. This has caused much harm to both parties, through expensive lawsuits, economic loss, uncertainty of a livelihood, as well as retarding the proper development of both industries.
VI. Waste of Competition.—At the present day the utilization of waste products in all industries is becoming more and more important. In this age material which was considered useless by our forefathers is made to play its part in the economic world. Through science industrial waste of competition is being gradually reduced to a minimum, although in any business which deals with perishable commodities, such as fish, fruit, etc., there is bound to be a certain amount of loss.
Under the present system the shellfisheries suffer from the effects of waste resulting from competition. Both the fisherman and the consumer feel the effects of this, in different ways,—the fisherman through poor market returns, the consumer through poor service. As long as the shellfisheries are free to all, there is bound to be that scramble to get ahead of "the other fellow," which not only results in the destructive waste of the actual catch, but also causes a "glutted" market, which gives a low return to the fisherman. Thousands of dollars are thus lost each year by the fishermen, who are forced to keep shipping their shellfish, often to perish in the market, merely because the present system invites ruthless competition. The fishermen in this respect alone should be the first to desire a new system, which would give to each a shellfish farm and the privilege of selecting his market.
VII. At the present moment there are two evils which demand attention, and which can be lessened by the passage of two simple laws:—
(1) During the past three years many thousands of bushels of quahaugs under 1½ inches have been shipped out of the State, merely passing into the hands of New York oystermen, who replanted, reaping in one year a harvest of at least five bushels to every one "bedded." Through the inactivity of town control, the incentive to get ahead of the other fellow and the ignorance that they are wasting their own substance have caused many quahaugers in the past to do this at many places.