American Fisheries Society 59 



in fact, we find it impossible in most cases to convict. 

 I should like to know how they get around that in Massa- 

 chusetts, unless there is a special provision in their act that 

 the burden of proof shall be on the seller to declare where 

 his trout were taken from. How do you d i fife rent i ate so as 

 to convince a country justice? 



Dr. George W. Field : The law provides that the fish be 

 sold under regulations made by the commission and ap- 

 proved by the governor and council. The burden of proof 

 is on the possessor of the trout ; he has to prove to the deputy 

 by bill of sale, tag or otherwise, that it is not a wild fish. 



Mr. Kelly Evans : It is a delightful thing to hear gentle- 

 men conscientiously able to advocate such a resolution, 

 because I take it to mean that the judicial machinery of their 

 states is in wonderfully good order. I know in the province 

 of Ontario it would be utterly impossible, as the law is 

 administered, and as it will be for many years, to save our 

 trout with such regulations placed on the statute book. I 

 do not mean to say that I oppose the resolution in states 

 with immense population and small area, where after all. 

 the wild brook trout do not amount to much in the aggre- 

 gate. But the only reason that we have saved the .speckled 

 trout in the Province of Ontario is that it has been illegal 

 to sell them. We put a law on the statute book prohibiting 

 the sale of muscallonge and bass, which has saved the mus- 

 callonge and bass of the province. Before that law was 

 placed on the statute book they were catching bass with all 

 kinds of contrivances in the northern part of the province 

 and shipping them to your markets. You will find that 

 thousands of pounds of muscallonge have been shipped out 

 of the province. I notice in your magazines that there is a 

 distinct leaning in certain directions toward the "more 

 game" idea, as it is called. You cannot have a general rule 

 for all conditions, and I take it that as each individual 

 state increases in population it may be feasible to introduce 

 such a scheme as is mentioned in this resolution, but where 

 the ratio of size of the country to the population increases as 



