and the Maritime Provinces. 443 



The early purpose has been but little broadened in the lapse of two 

 centuries, and the common people of England, as yet, fail to find any 

 advantage to them in their statutory provision. In our own country, 

 original jealousy and suspicion were fostered and encouraged through the 

 influence of the English game laws. State provisions in this behalf have 

 been constantly growing in popular favor, until we may truly say, now, we 

 have the universal support of all educated and right-minded men. 



" Hardly second to Dr. Ordway, our first president, should be mentioned 

 Mr. Mills, the first vice-president, both deserving a high place in the niche 

 of memory of the members of this organization. They were both earnest, 

 self-sacrificing, public spirited and generous, and without the twain the 

 conception of this association would have been long delayed and its prose- 

 cution languished for support." 



Prior to the year 1874, no satisfactory law had been enacted for the 

 preservation of smelts. A closed time, from February 1 to May 1 , was 

 established by a law passed in 1868, which, however, was repealed in 1869, 

 and the taking of smelts in any manner, except by artificially-baited hooks 

 and hand4ines, between March 15 and June 1, on any k?iown spawning 

 grounds, was prohibited, under a penalty of twenty-five cents for each smelt 

 unlawfully taken. In 1873, this law was modified by striking out the 

 phrase " on any known spawning grounds," thus making it general in its 

 application, and this, I think, was the result of efforts made by the men 

 who organized the Massachusetts Anglers' Association. The law of 1873 

 was greatly improved and strengthened in 1874 by the efforts of the asso- 

 ciation. 



For the first time the law was framed to reach those who sold the fish 

 as well as those who caught them. By this law it was enacted that, " who- 

 ever offers for sale or has in his possession smelts, between March 15 and 

 June 1 , shall be punished by a fine of one dollar for each smelt so sold, 

 offered for sale, or had in possession." An important addition to the law 

 reads as follows : 



'• In all prosecutions under this act, the burden of proof shall be upon 

 the defendant to show that the smelt or smelts were legally caught." It 

 will be seen that this law was wider in its scope than the earlier statutes. 



It was also more rigorous in the penalty imposed, and by reason of the 

 last clause it was rendered less difficult of enforcement. 



The improvement in existing statutes for the preservation of trout 

 received the attention of the association during 1874. Various laws had 

 been enacted from time to time, with this object in view ; the first, in 

 1822, by which their capture "in any other way or manner than by hook 

 and lines " was forbidden, under a penalty of fifty cents for each fish 

 illegally taken. A law passed in 1849 established the first closed season — 



