10 REPORT OF THE COMMISSIONER OF FISHERIES. 
Telegram of state fish warden, Sault Ste. Marie, October 28, to S. P. Wires, Duluth. 
I have no power to change the law; fish not spawners belong to the state of 
Michigan. 
Telegram of S. P. Wires, Duluth, October 28, to United States Cominissioner of Fisheries, 
-Washington, D. C. 
To procure a full stock of eggs for the Duluth station it will be necessary to con- 
tinue fishing at Marquette and Ontonagon a few days after October 30, as we did 
last year; but if compelled to turn over to the state all unstripped fish it will in my 
judgment be impracticable to do so. The game and fish warden of Michigan claims 
that all unripe fish caught by the United States Fish Commission during the close 
season are state property. Please advise. 
Telegram of United .States Commissioner of Fisheries, October 29, to S. P. Wires, Duluth. 
Make.collection of lake-trout eggs same as last season. 
Telegram of S. P. Wires, Marquette, Mich., November 4, to United States Convmissioner of 
J J : ’ ? ’ , , 
Fisheries 
State game and fish warden has arrested captains of tugs fishing for us at Marquette. 
Have four gang nets in lake at this point. Should have competent attorney to look 
after the interests of the Commission at once. Please advise. 
Telegram of United States Commissioner of Fisheries to S. P. Wires, Marquette, November 4. 
Matter will be referred to Department of Justice and Attorney-General will prob- 
ably instruct district attorney to look after interests of this Bureau. 
Telegram of S. P. Wires, Marquette, Mich., November 4, to United States Commissioner of 
Fisheries. 
Have had trial against masters and owners adjourned until the 11th instant. Tugs 
will lift to-morrow. Game warden threatens to seize all fish caught from now on, 
Wire instructions. 
Letter of Frank N. Clark, superintendent United States hatchery, Northville, Mich., Octo- 
ber 31, to United States Commissioner of Fisheries. 
oO” 
On my arrival at the Soo Tuesday morning, October 27, I found your telegram 
ordering me to “proceed with lake-trout collection and dispose of fish same as last 
season.’’ Soon after receiving your telegram I had a conference with Mr, Chapman, 
state game and fish warden, and told him I should proceed to make the lake-trout 
collection on the same lines as last season, in accordance with your orders. He 
stated that the attorney-general of the state informed him we had no right to sell 
unripe fish, but he would confer with him again and obtain a written opinion, and 
if he still held to his former opinion, the warden thought it best to start a friendly 
suit in order to test the law, and asked me to write the Bureau and see if you would 
agree to it. I think it best to have the matter tested in the courts, if we are to he 
bothered by the warden in this manner every year. 
From the Soo I went to Manistique to confer with Mr. Platts, the field foreman at 
that point, and Capt. John Coffy, who is fishing three tugs for us. Coffy informed 
me it would be impossible for him to fish for us under the requirements of the war- 
den. I then informed him that we would fish the same as last year. 
On my return to Northville I found a telegram from Mr. Stewart, field foreman at 
Beaver Island, stating the tug fishermen at Beaver Island refused to fish on the basis 
required by the warden, and he has also been instructed to fish on the old system. 
As yet very few eggs have been received from Manistique; information from Platts 
