36 
prises other than those pertaining to the fisheries. The 
laws give full protection, and every one is free to enjoy 
the fruits of his enterprise and labor. The farmer 
plants in the full assurance that he and not another 
will reap the harvest. Heimproves his land and increases 
his investments, knowing that the greater usufruct de- 
termined by the exercise of intelligence and energy will 
inure to his own benefit. What is true of agriculture 
is alike true of the various industrial enterprises, man- 
ufacturing, mining, and commercial, which engage our 
people. We may safely trust their administration to the 
intelligence and enterprise of those engaged in them. 
In respect to our great commercial fisheries, the con- 
ditions are entirely different. Individual ownership of 
the open waters is not practicable, even if it were desir- 
able; nor can we safely trust to the individual to 
establish or conserve conditions which are necessary to 
maintain supply. Indeed it is not reasonable to expect 
that he will undertake to sow the seeds of a harvest 
which other men may gather. Intent on gain, he will 
fail to recognize or appreciate any deterioration of the 
fisheries, so long as his operations yield him a fair return 
for labor and investment. 
The ownership of the waters is in the State, and they 
should be farmed for the general use and benefit. 
The right of fishing of the individual is subject to the 
paramount right of the State to prescribe the conditions 
under which such right may be exercised. 
Equal privileges under the law and no invidious dis- 
criminations or unnecessary restraints upon the enter- 
prises of the fishermen should characterize the policy of 
the State in enacting and enforcing such regulations as 
may be found necessary for the conservation of the 
fisheries. 
The right of the community, through its representa- 
tives, to regulate the fisheries and to prescribe the con- 
ditions under which individuals may exercise the right 
oat 
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