REPORT OF THE COMMISSIONER OF FISHERIES. YE 
yesterday says 20 per cent of the females are spawning. As that was the last day of the 
open season, nets will be set, and if 50 per cent of the spawners are ripe, the work 
will be pushed vigorously. 
Telegram of F. N. Clark, Mackinaw City, November 10, to United States Commissioner of 
Fisheries. 
Court temporarily enjoined warden not to interfere. Hearing 24th instant 
Grand Rapids. Warden assures superintendent no interference, Detroit River, even 
if injunction dissolved. 
Letter of S. P. Wires, Duluth, November 13, to United States Commissioner of Fisheries. 
In regard to our trouble with Mr. Chapman, game and fish warden of Michigan, 
permit me to state that I tried to arrange matters with him so as to continue fishing 
for a few days after the beginning of the close season under the Michigan laws, but 
was unable to come to a satisfactory understanding, so I wired him aiter receiving 
instructions from you that we would continue fishing with the tugs Columbia and Theora 
at Marquette, Mich., under the same regulations as we did a year ago, and everything 
went along smoothly until the morning of the 3d instant, when Mr. Brewster, chief 
deputy warden, and two assistants, undertook to go aboard the tugs for the purpose 
of supervising our work and to seize all unstripped fish for the state. We could not 
allow this, as it would lay each tug captain liable to a fine of $500, also to have his 
license for sailing a steamboat canceled; consequently Mr. Brewster was very much 
provoked and arrested the captains and owners for illegal fishing shortly after the 
tugs returned from lifting, but did not seize fish or nets. However, the arrest of the 
captains caused us to lose from 500,000 to 600,000 eggs, as no lift could be made on 
the 4th. 
In order that we might continue fishing until the close of the spawning season, or 
until we could get definite orders from you, I employed a competent attorney and 
had the hearing of the captains and owners adjourned for one week, but owing to 
unfavorable weather was unable to lift on the 5th, and after lifting two gangs of nets 
on the 6th, we concluded that it was time to discontinue work, as many of the fish 
taken on that date were through spawning and there were very few unripe fish. 
When the tugs returned from lifting on the 6th, all nets and fish were seized and 
turned over to the captains of the tugs to be cared for, and the same was done on 
the 7th, when the last nets were brought ashore, and all spawn takers, including 
Frank Thomas and myself, were arrested on the evening of the 6th for fishing in 
violation of the state game and fish laws, and in order to save time and expense, my 
attorney advised me to admit certain facts in connection with the case, and if found 
guilty, to take an appeal, which I did. 
Decision of United States Judge Wanty. 
In the circuit court of the United States for the western district of Michigan, United. 
States of America, complainant, v. Charles Chapman and Charles E. Brewster, 
defendants, memorandum for judgment on order to show cause: 
Under the acts of Congress providing therefor, the President of the United States 
appoints a Commissioner of Fish and Fisheries, whose duty it is to investigate the 
subject with a view to ascertaining what diminution, if any, in the number of food 
fishes of the coast and the lakes of the United States has taken place, and from what 
cause the same is due, and whether any protective, prohibitory, or precautionary 
measures should be adopted in the premises, and report upon the same to Congress. 
It is also provided that the heads of the several Executive Departments shall cause to 
be rendered all necessary and practical aid to the Commissioner in the prosecution 
of his investigations and inquiries, and section 4398 of the Revised Statutes provides 
