Commonwealth v. Paasche

A judge sitting in the jury-of-six session of the Barnstable District Court has reported this case involving the legality of applying the shellfish regulations of the town of Provincetown to the harvesting of sea or surf clams by the defendants. The basic question is whether the town may lawfully bar nonresidents, such as the defendants, from har vesting sea or surf clams in the ocean waters lying within the town’s boundaries.

The case comes to us on a statement of agreed facts that was filed after the judge reported the case to the Appeals Court. 2 The complaints charge the defendants Paasche…