290 



Secretary Stewart : That is what the courts are going to decide. Well, gentle- 

 men, these are all the printed resolutions, but there is one thing that seems to us 

 in Canada to be passing strange, and that is, why in American waters no close 

 season is in existence for whitefish. It seems to us that when we take pains to 

 spare the whitefish, we do some good, but I understand that in your country, 

 you have no close season ! 



Mr. Whitaker : We have considered this question in all its points and have 

 not failed to consider all the benefits of a close season, but there is an economical 

 question beyond all that, which has held us in check : Whether it would be better 

 to lay the restriction on the meshes of the nets or upon the size of marketable 

 fish found in the possession of dealers is a question. It has resolved itself into 

 our procuring the passage of an act regarding the meshes of gill nets and the 

 backs of pound nets. W^e met with violent opposition, as all do who attempt 

 such legislation. One fisherman will say that gill netting is all right, and that it 

 is the pound net fellow who does all the damage. The pound net fellow will say 

 that it is God's providence that pound nets are permitted to be fished, and that it 

 is the gill net fellow who is killing all the fish. It is a difficult question as to 

 where you will draw the line. However, until we can get enforcement of the 

 law, it is nonsensical to pass laws, because you beget a disregard of all laws and 

 create the idea that they can be evaded. Another matter about the close season 

 is that we have 2,000 miles of coast, covering three or four degrees of latitude. 

 You can readily understand that fish will run at different times in different 

 localities. In some localities they fish for nothing but herring, while in others, a 

 different class of fish is sought for, and it is at such meetings as this, that prac- 

 tical fishermen should be called together to discuss these questions with us. I 

 may tell you that at one time we did call them in to discuss these subjects, and 

 it was a monkey and a parrot time. You could not get any two of them to agree 

 on anything. 



Secretary Stewart : We had the same difficulty when the matter was re- 

 ferred to. 



Mr, Whitaker : You see it is most repugnant to people on our side to at- 

 tempt to say by statute that a man cannot go just where he likes and do what 

 he pleases in shooting or catching fish. They have often threatened to cut off 

 our appropriation ; they cannot do it, but that is their spirit. A gentleman 

 representing one of our districts resides near a shooting ground at the mouth of 

 the Detroit River. His son had gone on to these preserved grounds poaching, 

 and they got after him and punished him. The old man got into the legislature 

 to get even, and when we presented our application for an appropriation to the 

 legislature, it dragged most unaccountably. I found that this old gentleman 

 was on the Committee of Ways and Means, which passed upon appropriations, 

 and he said to me : " You cannot get your bill through before I get this bill of 

 mine." His bill permitted people to fish or hunt anywhere irrespective of pri- 

 vate rights ! He had the influence, and his bill was carried after striking out 

 shooting and letting fishing stand. But of course it would not stand the tests of 

 the courts two minutes, as it was unconstitutional. 



Secretary Stewart : That is all the business I have in the way of offered 

 resolutions, but there are one or two I would like to offer before we disperse. 



Dr. Smith : I may say that we think the hatchery will be located on the St. 

 Lawrence River near Clayton. As soon as it is determined on, everything 

 will be done to get the building up and fitted in order to do good work. The 

 Commissioner told me that when he got it in good working order he expected to 



