REPORT OF STATE BOARD OF FISH COMMISSIONERS. 99 



IN THE MATTER OF DUMPING SAWDUST INTO TRUCKEE 



RIVER. 



BRIEF ON BEHALF OF THE PEOPLE OF THE STATE OF CALIFORNIA. 



In the Supreme Court of the State of California. 



THE PEOPLE OF THE STATE OF CALIFORNIA, upon the 

 Information of W. F. Fitzgerald, Attorney-General of said 



State, Respondent, 



vs. 



r 



THE TRUCKEE LUMBER COMPANY (a corporation), ^P2)e«an<. J 



This action is brought by the People of the State of California, upon 

 information ofW..F. Fitzgerald, Attorney-General, against defendant, 

 to restrain it from committing a nuisance by placing and allowing to 

 pass into the Truckee River, a stream of fresh water, stocked with fish, 

 large quantities of sawdust, shavings, slabs, edgings, and other waste 

 from its sawmill and box factory, situated upon said river, which it is 

 alleged pollutes the water thereof and makes it unfit for use, and that 

 said substances are poisonous to and kill and destroy the fish in said 

 river. 



At the time of filing the complaint, the Court granted a temporary 

 injunction, restraining defendant from the commission of the acts com- 

 plained of. Defendant interposed a demurrer to the complaint, and 

 moved a dissolution of the injunction. 



Upon hearing of the motion, the Court overruled the demurrer, and 

 denied defendant's motion to dissolve the injunction. 



This appeal is prosecuted from the order refusing to dissolve the 

 injunction. 



The points made by appellant may be summed up as follows: 



First— That the facts alleged in the complaint do not constitute a 

 public nuisance; 



Second— That injunction is not the proper remedy; 



Third— That the Attorney-General has no authority in law to main- 

 tain this action in the name of the People; 



Fourth— That the protection of fish is exclusively entrusted to the 

 Fish Commissioners and the criminal courts. 



We will treat the first point mentioned from two points of view : 



First— That the general public has a property interest in the fisheries 

 of the State, and that the State is trustee for the people; 



