The second provision of section i) rcfuls as follows: "Provided, 

 hoivevcr, that seining shall be lawfnl and allowed between the first 

 day of July in each year and the first day of April in the following 

 year, with seines the meshes of which shall not be less than two 

 inches square, in such rivers or streams as are used for navigation 

 wholly within the State and not above or beyond any private or 

 corporate dams in said rivers or streams/' The original intent of 

 the law was to prevent the use of the seine at any season of the 

 year, but as a compromise this clause was inserted to allowed the use 

 of lawful seines in the portion of the Illinois river ( that being 

 about the only river used for navigation wholly within the State) 

 from the mouth of the river to the first dam, which at the time of 

 the passage of the law was at Copi^eras Creek. 160 miles above the 

 mouth. Since then, however, two other dams have been put in. one 

 at Lagrange. 70 miles below, and one at Kampsville. 100 miles be- 

 low, which would, in effect, prevent the use of the seine in all waters 

 of the Illinois river above the lower dam. We are informed by 

 members of the former Commission that the law was not enforced 

 on the Illinois river during the stated open season, as, in their opin- 

 ion, it would have been unjust discrimination to permit the free use 

 of the seine in one-half the river and prevent it in the other. To 

 follow this course of reasoning to the present time, it would seem 

 to be even more unjust to permit the use of the seine in sixty miles of 

 the river and forbid its use in all that portion above. Consequently, 

 your Commission has construed the provision quoted as applying 

 equall}' to the whole river. This seems only fair, as the fishing in- 

 dustry is one of the large interests of commerce, and the product 

 of the waters should be taken and utilized for the people under 

 proper conditions and restraints. We think that the law should be 

 so revised as to make the close season the same throughout the 

 State, with explicit conditions as to its intent, that i^ower should be 

 given the Commissioners which would enable them to enforce the 

 laws, and that all should be expressed in terms which could easily 

 be understood by every one interested. 



There should be a limitation as to size of tisli permitted to be 

 taken during the open season. This would, in a measure, offset the 

 temptation to use smaller meshed seines or nets. It is not at all un- 

 common to see channel cat tisli brought into market that would not 

 weigh two ounces when dressed, and crappie and other tine fish of 

 less than a quarter of a pound in weight. These could only have 

 been taken by the use of small meshed seines, nets or baskets. The 

 burden of proof, however, would rest with those enforcing the law. 

 and it would be almost impossible to establish a case. The improper 

 use of these devices has nearly depleted our principal rivers and 

 streams of the buffalo, the greatt^st of all «he tishes of our inland 

 Avaters, from a commercial standptnut. It is a matter of record that 

 ten or fifteen years ago hundreds of thousands of pounils of these 

 fishes were often taken at a single haul, and millions of pounds were 

 shipi^ed to St. Louis and other markets annually, but there has been 

 a steady decrease each year, not only in the number but in the 



