(3) _Present Inadequacy._--Two hundred and fifty years have passed since this law was first made. The condition of the shellfisheries has changed. No longer do the flats of Massachusetts yield the enormous harvest of former years, but lie barren and unproductive. The law which once was a benefit to all has now become antiquated, and incapable of meeting the new conditions. (4) _Evil Effects._--If this law were merely antiquated, it could be laid aside unnoticed. On the contrary, as applied to the present conditions of the shellfisheries it not only checks any advancement, but works positive harm. From the mistaken comprehension of the so-called beach rights of the people, the general public throughout the State is forced to pay an exorbitant price for sea food, and the enterprising fishermen are deprived of a more profitable livelihood. The present law discriminates against the progressive majority of fishermen in order to benefit a small unprogressive element. (5) _Protection._--If shellfish farming is ever to be put on a paying basis, it is essential that the planter have absolute _protection_. No man is willing to invest capital and labor when protection cannot be guaranteed. What good does it do a man to plant a hundred bushels of clams, if the next person has a legal right to dig them? Since the law absolutely refuses any protection to the shellfish culturist, Massachusetts can never restock her barren flats and re-establish her shellfisheries until this law is modified to meet the changed conditions. (6) _Who are the Objectors?_ Objectors to any new system are always found, and are not lacking in the case of shellfish culture. These would immediately raise the cry that the public is being deprived of its rights. To-day the public has fewer rights than ever. The present law causes class distinctions, and a few are benefited at the expense of the public. The industrious fisherman suffers because a few of the worthless, unenterprising class, who have no energy, do not wish others to succeed where they cannot. In every seacoast town in Massachusetts the more enlightened fishermen see clearly that the only way to preserve the shellfisheries is to _cultivate the barren areas_. Hon. B. F. Wood, in his report of the shellfisheries of New York, in 1906, clearly states the case.[4]