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course, not allowable as a proper item of expense. And, even if 

 it could be so nsed, it would only be sufficient, with the other 

 expenses depending upon it, to cover the expense contracted in 

 the most flagrant violations, and entirely insufficient for any con- 

 siderable number of cases. On the other hand, if a law was so 

 worded as to compel burden of proof to fall upon defendant, and 

 violation of law clearly defined, in our opinion, short work would 

 be made of the illegal taking of fish. 



The construction of the law, seems, in our opinion, faulty, in 

 that it admits of a diversity of opinion as to its interpretation. 



Section 1 says: 



"Nor shall the meshes of any weir, basket, trap, or any device 

 used for catching fish in such waters not above prohibited, except 

 for catching minnows for bait, be less than two inches square." 

 This section could be construed, if taken independent of section 

 2, to permit the use of almost any kind of net except such as 

 had meshes less than two inches square. The second section, how- 

 ever, would seem to make such an interpretation doubtful. 



"Sec. 2. That no person shall place, cause to be placed or 

 erected, any seine, weir, net, fish dam or other obstruction in or 

 across any of the rivers, creeks, streams, ponds, lakes, sloughs, 

 bayous or other water courses wholly within this State, in such 

 manner as shall obstruct the free passage of fish up and down or 

 through such water courses." 



If it were accepted as a fact that a net, trap or seine can not 

 be placed in the water so that it will not to some extent consti- 

 tute an obstruction to the free passage of fish, then would the law 

 fulfill its purpose. But this is not the understanding of this sec- 

 tion, as the decisions in a number of cases have shown. The law, 

 to be effective, should be so clearly defined, in all its provisions, 

 as not to admit a doubt as to its meaning. Convictions have been 

 quite frequent, notwithstanding the many difficulties attending, but 

 the penalties imposed have been so triflng in comparison to the 

 extent of damage, as to discourage, not the violator, but those 

 seeking to enforce the law. 



We would recommend that the laws be so amended as to cover, 

 as nearly as possible, the points set forth, and authority delegated 

 to the commissioners, or to some properly authorized person, to 

 legally enforce them. 



MORTALITY AMONG FISHES. 



During the month of August, 1887, immediately after a severe 

 rain storm, report reached us that an immense number of fine fish 

 were floating on the water, dead, in a lake at head of Quincy bay. 

 On going to the place indicated, we found the report to be true, 

 and the shores lined with dead bass, croppies, sunfish, buffalo, 

 catfish, white perch, etc., evidently having lieen dead some days. 

 Prof. Forbes, State Entomologist, was telegraphed for and came 

 immediately. 



