REPORT OF THE COMMISSIONER OF FISHERIES. 9 
until the fall of 1903 that a crisis came, resulting in the arrest of 
employes of the Bureau by State officers. In view of the important | 
bearing of this case on the work of the Bureau in the Great Lakes 
region, it is considered advisable to refer to it in some detail by citing 
laws, correspondence, and judicial proceedings, as follows: 
Section 4398, Revised Statutes of the United States, regarding powers of the United States 
Fish Commission. 
The Commissioner may take or cause to be taken at all times, in the waters of the 
sea coast of the United States, where the tide ebbs and flows, and also in the waters 
of the lakes, such fish or specimens thereof as may, in his judgment, from time to 
time be needful or proper for the conduct of his duties, any law, custom, or usage of 
any state to the contrary notwithstanding. 
Section 6, Act 88, Public Acts of Michigan, 1899. 
It shall be lawful for the United States Fish Commission, through its representa- 
tives or employees, to fish with nets in any of the waters of this State during any 
season of the year, for the purpose of gathering spawn from such fish caught, to have 
and to hold both ripe and unripe fish, and to have the privilege of selling such fish after 
stripping, to help defray the expenses incurred in the work of propagation: Provided, 
That such fishing by said fish commission shall be under the supervision and control 
of the state game and fish warden, and, provided further, That at least 75 per cent of 
the fry resulting from the spawn so taken shall be planted in the waters of this State, 
the same to be determined by reports to the state game and fish warden. 
Letter of S. P. Wives, superintendent United States hatchery, Duluth, Minn., October 23, 
1903, to C. H, Chapman, state fish warden, Sault Ste. Marie, Mich. 
On behalf of the United State Fish Commission, I respectfully request your per- 
mission to continue fishing with tugs at Marquette and Ontonagon a few days, if 
practicable, after the beginning of the close season. We desire to comply fully with 
your wishes and the law of your state in the conduct of this work, and any instrue- 
tions you may give us in relation thereto will be carefully carried out. 
On the first day of the close season last year we wired your predecessor, Mr. 
Morse, the names of the tugs we were operating, also the names of the masters of the 
tugs, and each day thereafter we reported direct to him the number of pounds of 
fish taken by each tug, and last June we mailed your office a statement showing the 
number of eggs collected in Michigan during the close season and the number of fry 
planted in Michigan waters from the Duluth station, and so far as I know everything 
was entirely satisfactory. 
I am under the impression that we discontinued fishing last season at Ontonagon 
on the 4th and at Marquette on the 7th of November. 
An early reply will greatly oblige. 
Telegram of S. P. Wires, Duluth, October 27, to s'ate fish warden, Sault Ste. Marie. 
In order to fully stock the United States Fish Commission station, Duluth, with 
lake trout eggs, it will be necessary to continue fishing with two or three tugs at 
Marquette and probably two at Ontonagon, Mich., a few days after the beginning of 
the close season, but it will be impossible to give any portion of the fish caught while 
engaged in this work to the state, as the total catch of fish will fall considerably 
short of paying the expenses of collecting the eggs. Will you insist upon taking the 
unstripped fish? Please wire reply. 
