nesota on May 31, 1927, at the instigation of a 

 licenced wholesaler and buyer of fish at Winona, 

 Minnesota . The Attorney General of the State 

 of Minnesota interposed a demurrer to the com- 

 plaint, which demurrer was overruled by the 

 District Court of Ramsey County. The case 

 was then appealed to the State Supreme Court 

 whose decision (February 17, 1928) upheld the 

 action of the lower court which, then, on Janu - 

 ary 14, 1929 issued an order that restrained 

 the State from engaging in the commercial buy- 

 ing of fish In competition with private industry. 



Shortly after the issuance of this order 

 the Minnesota Legislature passed an act (Act, 

 March 22, 1929, Chapter 84) authorizing the 

 Commissioner of Game and Fish to lease the 

 Red Lakes fishery plant to the United States or 

 its authorized agency. This act Is the legal 

 basis on which the Red Lake Fisheries Associa- 

 tion has operated and it is given here verbatim . 

 Section 5592, subsections 1-8, of the Laws of 

 1929 foUow: 



" 5592-1 . Fish may be taken and sold 

 from certain lakes. — ^i-Jhaiever the coiranission- 

 er of game and fish shall find after inves- 

 tigation that any kind or kinds of fish may 

 be taken from Upper Red Lake in Beltrami 

 county or from Lower led Lake in Beltrami 

 and CleDrv/ater counties, or from any part 

 of said lakes, without unduly depleting such 

 fish therein, he may, so lonz as such condi- 

 tion shall continue, permit such fish to be 

 taken in said lakes or in such part thereof 

 as he may desi^iate, in such manner as he 

 may deem proper, and may permit such fish to 

 be possessed, transported, sold, or other- 

 wise disposed of j such taking, possession, 

 transportation, sale, or other disposition 

 to be under the supervision of the commis- 

 sioner and subject to such regulations as 

 he may prescribe, and subject to suspension 

 or termination at any time as to any kind 

 of fish whenever the commissioner shall find 

 that such fish cannot be taken without un- 

 duly depleting the s ame . /Stained without 

 change in Laws of 1939, art. kiu/ 



"5592-2. Commissioner to make regula- 

 tion^o — The commisKioner is hereby empovrered 

 to m.ake all needful and proper regulations 

 for the purposes of this act, and to require 

 persons taking, possessing, transporting, 

 selling, or otherwise disposing of such fish 



to obtain licenses and to pay such license 

 fees or other charges as he deems proper to 

 defray the cost of administration and en- 

 forcement of this act and to contribute 

 toward the expense of conservation and 

 propagation of fish in said lakes. Retained 

 without change in Laws of 1939, art. UST/ 



" 5592-3 . Violation a misdemeanor . 

 --Violation of any regulation prescribed by 

 the commissioner under this act shall be 

 deemed a violation of this act, and shall 

 be a misdemeanor, ^^Deleted in Laws of 1939^ 



" 55924; . itestriction .-^Io fish 

 shall be taten from the portion of said 

 lakes within the Sed Lake Indian reserva- 

 tion in violation of any law or regulation 

 relating thereto prescribed by or under the 

 authority of the United States, and all 

 regulations made by the commissioner of 

 game and fish under this act relating to 

 the taking of fish from said Indian reserva- 

 tion waters shall be made subject to compli- 

 ance with such federal lavjs and regulations. 

 Retained without change in Laws of 1939, 

 art. 2llj_^ 



" 5592^5. Commissioner may lease 

 plant and equipment . — ^The commissioner of 

 game and fish is hereby authorized to lease 

 the state fisheries plant and equipment at 

 Redby to the United States or to any proper 

 authorized agency thereof for such term or 

 terms from time to time and upon such con- 

 ditions as to rental and otherwise as he 

 shall deem reasonable, subject to termina- 

 tion by direction of the legislature at any 

 time, provided, that such plant and equip- 

 ment shall be used only for the benefit of 

 the Indians and other persons taking fish 

 from said lake in accordance with the pro- 

 visions of this act. The commissioner is 

 also authorized to lease the state fish 

 hatchery and equipment at Redby to the 

 United States or to any proper authorized 

 agency thereof upon like terms and condi- 

 tions and subject to termination in like 

 manner provided that said hatchery shall be 

 operated only for the propagation of fish 

 in said lakes or such other waters of the 

 state of Minnesota as the commissioner may 

 designate; or the commissioner may, in his 

 discretion, continue to operate said hatch- 

 ery, ^^tained without change in Laws of 

 1939, art. kSJ/ 



"5592-6. Disposition of fees . — 



