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is treated as a property right and not a mere privilege or 
benefit of citizenship. 
It is worse than useless then to look to Congress or to 
invoke the authority of the Federal Government, to pro- 
tect or control or to interfere in any way with the regu- 
lation of the fisheries within the States. It has no power, 
no authority, over them, and cannot possibly acquire any 
short of an amendment to the Constitution, which could 
never be obtained. It is a State matter, and the State 
alone must be looked to for its proper administration. 
The sooner this becomes generally known and recog- 
nized the sooner will people cease chasing this zguzs 
fatuus and direct their undivided attention to the proper 
authorities to correct the evils complained of, and by 
placing the duty and responsibility where it naturally and 
of right belongs, will more surely accomplish the desired 
results, 
Federal control of the commercial fisheries is not only 
unconstitutional and therefore impossible, and incapable 
of enforcement; but it is eminently undesirable and 
unnecessary. 
To properly frame the laws necessary for the regula- 
tion of fisheries and the protection of the fish from indis- 
criminate and exhaustive slaughter, requires intimate 
local knowledge of the innumerable differences of tem- 
perature, climate, fish food and habits, of varying spawn- 
ing periods and the feeding and spawning grounds, as 
well as the various and constantly changing methods and 
devices of the law breaker. These laws must have the 
moral support of local public opinion; they must be 
wisely drawn and promptly and discreetly enforced ; they 
must admit of proper discrimination to avoid hardship ; 
and any mistakes or defects be capable of prompt 
remedy, to adapt the penalties to the varying circum- 
stances. Defects in the fisheries laws to adapt them to 
the widely varying surroundings of particular localities 
will be more suitably remedied by a speedy appeal to the 
