iiJ 



other question, which proved a new hindrance to the successful 

 completion of the work of the Commissioners. It was this: The 

 dam at Dayton, belonging to the State, was unprovided with a 

 fishway. It was the first dam on the river, and the argument was 

 used by those above that it was useless to force them to comply 

 with the law without first having the State open its dam. The 

 argument was a hard one to controvert, and it would have seemed 

 like a mere display of .authority to force those above to comply 

 with the law without the State was, first, in a position to make 

 it possible. Correspondence with the Canal Commissioners was 

 had, with reference to the joint resolution of the Thirty-second 

 General Assembly, as herewith: 



Joint Resolution 32d Generax, Assembly. 



Concerning the construction of Jishways by the Canal Comnissioners. 



Whereas, It appears from statemoiits made by the Fish Commissioners of the State of 

 Illinois, that the dams constructed by the State of Illinois are not sufficient to meet the require- 

 ments of the present law in regard to rtshways; therefore, be it 



Resolved by the House of Representatives , the Senate concurring herein. That the Canal Commis 

 sioners of the State of Illinois be, and are hereby instructed to complete or i econstruct said dams 

 so that they may afford easy and ample opportunity for fish to pass over said dams. 



The Commissioners agreed to put in a fishway, and at present 

 writing we understand that they have commenced operations, thus 

 making it possible for us to proceed to open up Fox river entire. 

 This will give to Fox lake its proper annual supply of fish from 

 the Illinois river, and through it from the Mississippi river, while 

 the natural breeding grounds to which they can then find free 

 access will soon give the increase in millions of young fish, thus 

 thoroughly and effectually repopulating the waters of that portion 

 of the State. 



On Kock river the situation is different. There no dam ob- 

 structs save those owned by private corporations, and due notice 

 has been served upon the owners. At Rockford the law is being 

 complied with and a fishway in process of construction. On the 

 Kankakee river arrangements have been made for putting in fish- 

 ways, private parties arranging to take the line and furnish the 

 money, provided the owners do not put them in themselves. Thus 

 all over the State in almost all the inland streams, we find the 

 stream obstructed by dams, some of them quite small, some mas- 

 sive, liut all needing to be provided with fishways; and, as we 

 have shown, it is simply impossible to enforce the law if commis- 

 sioners are obliged to put them in, without sufficient means are 

 provided for the purpose. With one dam so provided upon a 

 stream, there is no question but that all others interested would 

 comply. AVe would recommend that a sufficient sum of money be 

 made available to be used in enforcing the provisions of the law. 

 The State for its expenditure, which would be only temporary, 

 being fully indemnified by the lien obtained upon the property. 

 We would also recommend that the law be so amended as to make 

 the Fish Commissioners the judges as to what shall constitute a 

 good and sufficient fishway. This would enable them to approve 



