companies to Minnesota fishermen on the inter- 

 national boundary waters (Lake of the Woods and 

 Rainy Lake) demonstrated that the State of Min- 

 nesota underpaid the Indians for their fish . 



Controversy arose in 1926 between the 

 state fishery superintendent and the Indian fish- 

 ermen over the use of illegal nets and conse- 

 quent destruction of undersized fish .- Many 

 Indians were found (by state inspection, July 1926) 

 to be using 3-1/2-inch mesh and a still larger 

 number were using 3-3/4-inch mesh, althougti 

 the terms of the contract between the Minnesota 

 Commissioner of Game and Fish and the Com- 

 missioner of Indian Affairs specified that a mesh 

 of not less than 4 inches, stretched measure, 

 should be used by all Indians who sold fish to the 

 State . The state fishery superintendent demand- 

 ed that all illegal nets be turned over to the Red 

 Lake Indian Agency. The agency superintendent 

 affirmed that the Indians could employ whatever 

 net mesh they chose in taking fish for their own 

 consumption, but that all Indians would be in- 

 formed that fish caugfit with illegal nets could 

 not be sold to the State. Apparently, the super- 

 intendent of the fisheries was not satisfied with 

 this decision for he refused to buy fish from 

 Indians who had illegal nets in possession, as 

 determined by an inspection made by one of his 

 employees. 



State Supervisor, Albert C . Klancke 

 (1929), expressed the State's views in regard to 

 the method of fishing by the Indians as follows: 

 "The method of taking (fish), however, does not 

 commend itself. Gill nets are used almost ex- 

 clusively, and unless utmost diligence is exer- 

 cised, the marketable condition (of the fish) is 

 not the best. Hence, Red Lake fish do not 



\J In the Bemidji (Minn.) Sentinel of February, 

 1927, the State Superintendent wrote: "The last 

 season, 1926, was the most deplorable situation 

 of all the years I had charge of that industry 

 (since 1917). There were thousands of little 

 pike produced that had not attained a length of 

 more than seven or eigjit inches, thousands of 

 pike were delivered to us of this size and what 

 was delivered to us was only a drop in the buck- 

 et of what they left to rot at home, or at their 

 fishing stations ... . " 



command the price usually paid for pound net 

 catches . Weather conditions on Red Lake often 

 preclude the taking of fish at desired periods, 

 with the result that at times more fish are pro- 

 duced than can properly be taken care of at the 

 fishery plant and for which a desirable market 

 can be found. These matters can, however, be 

 properly regulated when the fishermen them- 

 selves realize that it is to their advantage to 

 strictly adhere to the fishing regulations and an 

 effort made to deliver the fish in the best possible 

 condition. It is to be hoped that in the near 

 future only pound nets will be utilized, thus 

 assuring an even run of fish, better in size and 

 condition, and when the market commands the 

 best prices." Later (1931) he wrote: "It has 

 been urged that the use of gill nets in taking the 

 catch should be done away with . The use of 

 pound nets should be substituted, for by the use 

 of such equipment production can be controlled, 

 and better prices obtained for the catch, with 

 the assurance that the quality will be the high- 

 est." 



At the time of the 1938 investigation gill 

 nets were set and lifted by hand, usually from a 

 row boat. Except when a storm prevented lift- 

 ing, all nets fished one ni^t out, being set in 

 the late afternoon or early evening and lifted 

 early the next morning. The nets were cleared 

 on shore except the whitefish gill -nets operated 

 in tile fall, which were cleared when lifted so 

 that the nets could be reset. Most of the fishing 

 was done within 1-1/2 or 2 miles from shore, 

 although some nets were set as far as 4 or 5 

 miles offshore. In spring and early summer 

 when the water is cold the fish are near the 

 shore but as the water warms they move into 

 deeper water (20 to 40 feet) so that the nets are 

 set farthest from shore during the warm season. 

 In order to obtain fish for home consumption 

 some Indians operated gill nets through the ice 

 and many continued to use all of their gill nets 

 after the summer season for commercial fish- 

 ing had been closed. 



The legal right of the State of Minnesota 

 to conduct a wholesale fish business for private 

 profit in competition with private industry was 

 challenged in a summons and complaint served 

 on the Commissioner of Game and Fish of Min- 



