REPORT OF THE FISH AND GAME COMMISSION. 87 



grounds. After the conviction, the company diverted the entire stream 

 around the mill and away from the source of pollution. 



In the month of Deeonibcr 1919 the Engels Copper Mining Company 

 in Plumas County was tried and an information filed against it for the 

 pollution of Ilights Creek by depositing the refuse from its mill into 

 the creek. The ease was tried before J. 0. IMoncur without a jury, 

 the evidence showed tliat the stream for a distance of over five miles 

 from the plant was polluted to the extent that practically all fish life 

 had been destroyed, yet notwithstanding the testimony the case was dis- 

 missed. This was one of the worst cases of pollution of public waters 

 of the state with which this Commission has had to deal. 



The most important decisions rendered on the subject of fish and 

 game during this biennial period was in the case of Suttori vs. Peck- 

 ham et al. by the District Court of Appeal. Suttori was arrested for 

 using a net in Fish and Game District No. 20 in violation of Section 

 636, Penal Code, and brought an action in conversion against Justice 

 of the Peace Peckham et al. for the fish seized by the officer in making 

 the arrest. The plaintiff contended that the law was unconstitutional 

 in that the state had no jurisdiction over the waters surrounding Santa 

 Catalina Island and the court in deciding the case held that the "state 

 has jurisdiction a marine league at sea in all directions from the shore 

 of the island in question." This decision determines the right of the 

 legislature to pass laws for the protection of fish not only within the 

 three mile limit of the state but also within the three mile limit of all 

 islands adjacent thereto. 



Working under a written agreement, the United States Forest Service 

 has cooperated with the Fish and Game Commission in the enforcement 

 of fish and game laws in the forest reserves. 



Since the last biennial report the Government of the United States 

 under a treaty with Great Britain for the protection of migrators^ birds 

 of United States and Canada has taken over the protection of migra- 

 tory birds and placed them under the Department of Agriculture. By 

 an act of congress, the Secretary of Agriculture is authorized to make 

 regulations for seasons when such birds may be lawfully killed, taken 

 and possessed, and has conferred upon the several states the right to 

 pass laws not inconsistent with the regulations of the Department of 

 Agriculture and to enforce the same. Under the regulations of the 

 Department of Agriculture the sale of migratory birds is prohibited. 

 This regulation has done much to prevent the unlawful traffic in game 

 and has practically eliminated the market hunter who knew neither 

 bag limit nor season. 



Respectfully submitted. 



(Signed) Robert D. Duke, 



Attorney. 



