by John Marshall Harlan

“ While express provisions in the body of an act cannot be controlled or restrained by the title or preamble, the latter may be referred to when ascertaining the meaning of a statute which is susceptible of different constructions. In U.S. v. Fisher, 2 Cranch, 358, 386, Chief Justice MARSHALL said: 'Neither party contends that the title of an act can control plain words in the body of the statute; and neither denies that, taken with other parts, it may assist in removing ambiguities. Where the intent is plain, nothing is left to construction. ”

“ Where the mind labors to discover the design of the legislature, it seizes everything from which aid can be derived; and in such case the title claims a degree of notice, and will have its due share of consideration.' U.S. v. Palmer, 3 Wheat. 610, 631. This rule is especially applicable in states whose constitutions, like that of South Carolina, provide that 'every act or resolution having the force of law shall relate to but one subject, and that shall be expressed in the title.' Meyer v. ”

“ The great ponds of the commonwealth belong to the public, and, like the tide-waters of navigable streams, are under the control and care of the commonwealth. The rights of fishing, boating, bathing, and other like rights which pertain to the public are regarded as valuable rights, entitled to the protection of the government. ”

“ Rice v. Railroad Co., 1 Black, 358, 380; Fertilizing Co. v. Hyde Park, 97 U.S. 666; Hannibal & St. J. R. Co. v. Missouri River Packet Co., 125 U.S. 271, 8 Sup. Ct. Rep. 874; Central Transp. Co. v. Pullman's Palace-Car Co., 139 U.S. 24, 49, 11 Sup. Ct. Rep. 478; Stein v. ”