42 Thirtieth Annual Meeting 



ject so clearly explained : and if it were not for the short time at 

 our disposal, I should like to talk of some facts with reference to 

 the stocking of streams with fish, and in regard to trespass laws. 

 A\'e think ^\-e have solved the prohlem in Vermont. 



General Bryant : I am anxious to hear Brother Titcomb's 

 explanation of how they have dealt with this question in Ver- 

 mont. 



Mr. Titcomb : With reference to the trespass law and the 

 posting of waters, we claim, as your paper states, that all wild 

 game is the property of the state; but take a stream that flows 

 do^^^l the mountains for miles, through the valleys, and through 

 several farms, each farmer claims that it is unlawful for any one 

 to trespass on his property. In other words, if you go fishing on 

 his land, or cross his land and fish along the banks of a stream 

 flowing through his land, he can get actual damages for trespass, 

 that is, one cent and costs, and of course he cannot ever keep 

 fishermen off. 



Now the state law provided a great many years ago that 

 where a man posted the stream with a poster of a certain size as 

 prescribed l)y the law, proliiluting fishing and hunting thereon, 

 he could get $10.00 in a civil suit in addition to the actual tres- 

 pass damages. That law was held to be constitutional. The first 

 embarrassment we met witli in connection with that law was the 

 fact that the fish from our state hatchery were going into these 

 waters that were privately posted. We got the legislature to pass 

 a law prohibiting the commissioners from stocking any stream 

 which was privately posted. The result was that at the next ses- 

 sion of the legislature the farmers who had streams came in 

 there and said, we don't care a d — n for your hatchery ; we don't 

 get any fish; we want the fish in our streams and want to control 

 them. The other faction said, the hatchery don't do us any 

 good, the streams are all posted in our section ; and the fight was 

 so hot that the appropriation was held up and there was almost a 

 deadlock on that question. I asked one of the members who was 

 oj)posing our liatchery appropriation to withdraw a sweejung 

 opposition nu-asure and accept a compromise, wliich was done. 

 Under tlie compromise act if a man wishes to have the privilege 

 of obtaining $10.00 in addition to actual damages for fishing on 

 his privately posted waters, he must first stock those waters by 



