TWENTY-EIGHTH BIENNIAL REPORT. 



INTRODUCTION. 



To properly administer the fish and game resources of a great state 

 like California is at best a difficult undertaking. With forces of 

 destruction to be fought at every turn, new problems arise daily. But 

 with finances in a more settled condition, and with the confidence that 

 the administration, the sportsman and the conservationist have given 

 us, our burden has been lightened and our belief in the worthwhileness 

 of conservation work constantly strengthened. "With this review of 

 accomplishments in which the perplexities are overshadowed by the 

 final attainments, the Commission is read}' to set its face toward the 

 future Avith renewed energy and optimistic outlook. 



PERSONNEL. 



One change in the personnel of the Commission was occasioned on 

 December 12, 1922, when George H. Anderson of San Jose was 

 appointed a Fish and Game Commissioner to succeed Mr. E. L. Bosqui 

 of San Francisco. 



During the biennium death has claimed five valuable employees, 

 two of them victims of accidental death : W. C. Fassett, superintendent 

 of Fort Seward and I'kiah hatcheries; John J. Barnett,* Deputy Fish 

 and Game Commissioner; James S. White,* Deputy Fish and Game 

 Commissioner; S. L. X. Ellis, Deputy Fish and Game Commissioner; 

 Earle Downing, assistant, Commercial Fisheries Department; Lloyd V. 

 Evins, assistant, Department of Fish Culture; Mrs. Lulu Creasey, 

 secretary to the executive officer. 



FINANCES. 



The decision of the Supreme Court of California in the recent case of 

 Board of Fish and Game Commissioners vs. Ray L. Riley, State Con- 

 troller, etc., 67 Cal. Dec. 581, has had the effect of entirely relieving 

 the very critical situation with respect to the funds and activities of the 

 Fish and Game Commission owing to "frozen" funds in the state 

 treasury. 



This important case had its inception in the application on the part 

 of the Fish and Game Commission to the Board of Control and to the 

 Governor for permission to create a deficiency and to draw upon the 

 special fish and game preservation fund in the state treasury for its 

 payment. This action was taken in conformity with the provision of 

 section 680 of the Political Code, which purported to authorize the 

 Board of Control, with the approval of the Governor, to create such 

 deficiency and to order the payment of claims arising therefrom out of 

 whatever special funds were in the state treasury' applicable to such 

 uses. At the time this application was made the special fish and game 

 preservation fund in the state treasury amounted to approximately the 

 sum of $280,000. The Board of Control passed an order in accord with 

 such application and Governor Richardson approved the same, but the 



