American Fisheries Society . 45 



the surphis troiit wo would have that many more eggs, because 

 the eggs woukl simply go to waste if they did not save them, and 

 thus eggs would be much cheaper. 



James Nevin, Madison, Wis. : They are permitted to do that 

 in Wisconsin at any time. 



Mr. Titcomb : As to the constitutionality of that law there 

 seems to be no question. Gilbert, of Massachusetts, caught trout 

 out of his artificial rearing ponds, served them on his own table, 

 complained against himself, carried the test case to the Supreme 

 Court and was beaten. However the matter was finally com- 

 promised and I do not think that in Massachusetts or in Ver- 

 mont (Mr. Eoot can tell you about Rhode Island) we experience 

 any trouble from allowing artificially reared trout to be sold in 

 ■certain months during the close season. In Vermont we have 

 just passed a law looking to the encouragement of farmers put- 

 ting in artificial ponds to hatch their own fish, to raise them and 

 eat them any time in the year on their own premises. 



The President : But they cannot sell them. 



Mr. Titcomb : They are not supposed to sell them except in 

 certain months, but tlie months that they are allowed to sell them 

 are when there is a demand for them. I think if the matter is 

 properly presented to the Michigan legislature there will be no 

 trouble in getting a proper law there. 



Mr. Koot : We have experienced no difficulty at all in the 

 matter in Ehode Island. We saw some years ago that such a 

 law as exists in Michigan would oppress some of our artificial 

 breeders, and I went before the legislature myself and had a 

 simple law to this effect prepared and passed without any objec- 

 tion at all. The fish raiser goes to the secretary of state and 

 registers himself, pays a small fee of a dollar and certifies that he 

 will brand every package of fish that he sends out with the name 

 of his concern ; that has to be put upon the box ; and that allows 

 him to sell at any season of the year. There has been no com- 

 plaint made of the law, and if anybody wants a package of fish 

 he has merely to mark his package and that is prima facie proof 

 that the vendor has a right to sell them, and these packages can 

 be sold anywhere and at all seasons of the year. 



Mr. C. H. Townsend, U. S. F. C, Washington, D. C. : It 

 seems to me that the effects of legislation on the fisheries and on 



