DETAILS ESSENTIAL TO EFFECTIVE LEGISLATION.
In concluding this section emphasis may be laid on the value of certain details of legislation.
_Allowable margin of undersized shells._--While it may seem desirable that no undersized shell at any time should be taken away, nevertheless it is necessary to make allowance for a margin of unintentional error. Only if the shellers and buyers were to apply an instrument of measure to each individual shell would all possibility of error be eliminated. The sheller will naturally, after a few measurements, come to judge by the eye, and it is desirable that the law should be somewhat liberal, rather than too stringent in the allowance for mistakes. There should, accordingly, be a supplemental provision that if not more than 5 per cent of the shells by number (not by weight) of any bushel are found to be below the size limit, the law shall not be presumed to be violated.
_Illegal possession._--To be practicable of enforcement, the law should be so worded as to make it illegal not only to bring ashore or to offer for sale, but also to have in possession, fresh-water mussels or clams of a size less than 2 inches in greatest dimension. This one provision will obviate much unnecessary expense, as well as undesirable complications in the detection of violations and the prosecution of offenders. Furthermore, since buyers of the shells would be equally liable to prosecution, the effect would be to destroy the market for undersized shells, and thus in the most effective way to restrain the shellers from taking them.
_Method of measuring mussels._--It will be noted that the method of measure is stated as "in greatest dimension," with a view to eliminating every possibility of uncertainty or difference of opinion. Mussels are sometimes measured in length or width or height, but on account of the irregular form of mussel shells these dimensions are not always interpreted in the same way. In testing the blank-making capacity of a shell, commercial men sometimes measure the "width on the face"; that is, between the lateral hinge tooth and the lower margin of the shell. This measure can of course only be taken from an open shell, and therefore could not serve for our purpose. It is worth while to call attention to the fact that a 2-inch shell as measured in greatest dimension would be a good deal smaller than a 2-inch shell in commercial measurement.