792 REPORT OF COMMISSIONER OF FISH AND FISHERIES. 



of the weir or trap, and the netting, slats, and other material used to 

 close such aperture while fishing shall be taken out, carried upon shore, 

 and there remain during the said months of March, April, August, and 

 September, and the weekly closetime in the months of May, June, and 

 July, as prescribed in section one of this act, to the intent that during 

 said closetime the salmon may have free and unobstructed passage 

 through such weir, trap, or other structure, and no contrivance shall be 

 placed in any part of such structure which shall tend to hinder such 

 fish. In case the inclosure where the fish are taken is furnished with a 

 board floor, an opening extending from the floor to the top of the weir 

 or trap shall be equivalent to extending the said opening from bottom 

 to top. Any person or persons violating the provisions of this section, 

 or encouraging its violation by knowingly purchasing salmon so unlaw- 

 fully caught, shall be deemed guilty of misdemeanor, and, upon convic- 

 tion thereof, shall be fined for the first offense not less than five hundred 

 dollars nor more than one thousand dollars, and for each subsequent 

 offense shall on conviction be fined not less than one thousand dollars, 

 to which may be added imprisonment in the county jail for a term not 

 exceeding one year. 



" Sec. 3. It shall not be lawful at any time during the year, nor by any 

 means whatsoever, to fish for salmon for the purpose of trade, barter, or 

 sale, on the waters of the Columbia Eiver, west of a line drawn south- 

 erly from Scarborough Hill, in Washington Territory, to Tansey Point, 

 in the State of Oregon. And any person or persons bartering, selling, 

 or otherwise disposing for purposes of gain, any salmon so unlawfully 

 caught below the line herein established, or any person or persons 

 knowingly purchasing such salmon so unlawfully caught, or otherwise 

 unlawfully encouraging salmon fishing in such prohibited limits, shall 

 be fined in any sum not less than fifty nor more than one hundred dol- 

 lars; and justices of the peace shall have jurisdiction to try and deter- 

 mine all complaints for the violation of the provisions of this section. 



" Sec. 4. The person or persons making complaint of any violation of 

 the provisions of this act shall, upon the conviction of the offender, be 

 entitled to one-half of the fine recovered; and any prosecuting attorney 

 who shall, upon complaint being made to him of the violation of this 

 act, fail to prosecute the party acccused, shall be deemed guilty of a 

 misdemeanor in office, and, upon conviction thereof, be fined in the sum 

 of five hundred dollars for each and every such offense. 



" Sec. 5. This act shall not be so construed as to interfere in any way 

 with any establishment or enterprise for the propagation of salmon, 

 whether by the United States Government or any regularly organized 

 company or society for that purpose, located or operated upon said 

 Columbia River or any of its tributaries. 



"Sec. G. It shall be unlawful for the proprietor of any saw-mill on the 

 Columbia River or any of its tributaries, or any employe therein, to cast 

 the sawdust made by such saw-mill, or suffer or permit such sawdust to 



