THE ROYAL COMMISSION OF 1863 2 5 



Commissioners are borne in mind, it will be 

 easy to surmise what were their views with 

 regard to the utility of the legislation in force. 

 They regarded the whole code of 1863 as either 

 futile, unnecessary, or injurious. The only 

 regulations desirable were such as were necessary 

 to preserve peace and minimise legal disputes. 

 No administration was necessary, except what 

 was required to provide police supervision and 

 machinery for the collection of statistics. Restric- 

 tions and regulations might easily prove sources 

 of injury to the fisheries, and hardship to the 

 fishermen, in the hands of " injudicious and 

 meddling administrators." Their attitude with 

 regard to the Scottish Herring Trawling Acts 

 illustrates their general views with regard to 

 fishery regulations. Speaking of these Acts, they 

 said that their practical effects had been : 



" To reduce the population of some of the 

 western islands to misery and starvation, while 

 abundant food was lying in front of their doors, 

 by preventing them from taking herrings. 



"To destroy, or greatly impede, an important 

 branch of fishery, by preventing the use of 

 herrings as bait for cod-fish. 



" To require the introduction of a special 

 police, and to introduce a habit of smuggling 

 and a spirit of disobedience to the law among 

 an orderly and well-disposed, though very poverty- 

 stricken population. 



