130 CALIFORNIA FISH AND GAME. 
streams in California and literally teamed with trout. In order to 
bring this stream back, it should have been heavily stocked and all fish- 
ing prohibited for at least two years. If this had been done, fishing in 
Hat Creek would have been as good or even better than before. The 
commission was powerless to close this stream. 
In Inyo County a few years ago during a severe winter a great 
many of the mountain quail in that county were killed. It was not 
possible for the commission to suspend the open season for mountain 
quail in the fall of the year although that should have been done. The 
birds have not yet approached their former numbers and will not until 
additional protection can be given. 
In 1912 in Trinity and adjoining counties a very severe epidemic 
occurred among the deer. Thousands of the animals were found dead. 
The animals remaining were not in the best physical condition and were 
perhaps not fit for human consumption. Certainly they were needed 
for breeding stock to bring back the deer to their former numbers, but 
it was not possible to give them protection in time. 
Every few years an epidemic has occurred among wild ducks in the 
lower San Joaquin Valley. Thousands of ducks have died. The disease 
is prevalent at the time the season opens. Hundreds of sick birds are 
killed by market hunters and shipped to the San Francisco and Los 
Angeles markets. Some way should be devised whereby the killing of 
these sick birds can be prevented. 
The coast streams are sometimes in best shape for steelhead fishing 
at the first of April; other years the streams should not be fished until 
during the month of May. It is not possible to have a fixed law that will 
be satisfactory. 
Almost every state is from time to time confronted with problems 
that develop during a period of drcught. If several dry winters follow 
in close succession, the food supply of game birds such as quail is 
greatly diminished and the numbers of these birds are reduced to the 
minimum on account of the scarcity of food and unfavorable breeding 
seasons. The number cf birds killed during such years by hunters 
should be cut down in order to conserve the breeding stock. It is 
impossible to do so under a system that is wholly controlled by the 
legislature. Forest fires often cause similar conditions which demand 
immediate action. 
During the strenuous times through which we are now passing with 
the world at war, we are impressed with the necessity for making 
immediate changes in our laws so as to provide for the greatest produc- 
tion of fisheries products. The laws regulating the taking of fish can 
not be modified until the legislature meets. If the Fish and Game 
Commission had discretionary powers, the use of nets in prohibited 
waters and the use of other kinds of nets that should be probihited 
under normal conditions could be allowed and the fish markets of the 
state provided with a greater abundance of fish. After the war, the 
laws could be restored; perhaps made a little more severe in order to 
bring back the fish to their original numbers. 
OTHER STATE COMMISSIONS HAVE DISCRETIONARY POWERS. 
It has been found necessary in order to properly safeguard the 
horticultural and agricultural interests of the state against injurious 
insects to give discretionary powers to the State Horticultural Commis- 
sion. It has also been deemed necessary to give such powers to the 
