17 



^pinion of the Supreme Court ns given, wo at once, by a circular 

 ^etter, nntifkul all owners of dams throughout the State that the 

 ^aw must he complied with. We append herewith a copy of the 

 letter, which will in itself explain the causes which occasioned the 

 delay in enforcing the law an-l the change in the plan of fishway, 

 with our reasons for making the change: 



Illinois State Fish CojurissioN', 

 Office of S. P. I'.aktlktt. Secketaky. 

 QuiNcv. Ill , Jiiiii' 15. 1H85. 

 ])EAK SiK— The dam owned liy yi)ii,\V(! uro infonuod.is iiMiii'ovi(l('.<l witli a llsliway. Tln' 

 law makes it <iIilii?atory t)n your part to have a suitable one provided, and o/ir duty to sc(; 

 that it is eoiiiplied with. 



lu 1880 the Commission adopted tiw. "Shaw" plan of lishway. wln(di eosts to put in prop- 

 .«rly from SiOd to S8(HI. In our elToi-ts to eiil'ofc(> the law we met witii o))position on tln' st.-irt, 

 ancl were foreed to institute le^al proreedinss. The ease was decided in favor of liie 

 people, both before a justice and in the Circuit Court, and an ai)|)eal taken by defendant to 

 the Supreme Court, when again the peoide were sustained and this validity of the law eoii- 

 llrraed. * 



In order tliat the matter mitrlit be dediutely settled, and to avoid making unnecessary 

 expense to tlu' owners of wate c- j >o we i-s, should tlu^ law lie dcclai-cd unconstitutional, wc sus- 

 pended all proceedings until the case had been fully settled. iJurintc this lime we have been 

 investijiatintr the merits of the various lishways, in order, if iiossibli. (o lind the most prai> 

 tieal and least expensive one in use. as much obj(.'ction was raisi^l by owners of small water- 

 powers to the lartre expense entaileil uiion them if forced to use the "8haw" fishway. A 

 careful examination of the princiiial d<'vices used throughout the Eastern States and Can- 

 ada has convinced us that, eonsiderinc- the large amount demanded for the right to use them, 

 together with the cost of co)istniction, they would prove as expensive, and in a niunber of 

 instances more so, than the "Shaw" lishway. 



The nearest approacli we have been able to lind to a practical and economical fishway is 

 the "Gile" fisliway," which was adopted by us May 1, 1885. It is simple in its construction, 

 can be put in by any efficient carpenter, will not cause a waste of power, and is very moder- 

 ate as regards its cost, which, with plans, specifications and riglit to use, will range from $50 

 to $200, according to size of dam. 



These are the facts. Tlie Commissioners regard the free course of lish up and down all 

 our streams as one of the great essentials to a successful repopidation of our streams, and 

 that such has been the opinion of oiu- lawmakers also is evidenced by the law making the 

 building of lishways over all dams imiieratise. We trust you will see the importance of a 

 prompt compliance with the law in this resjiect and put in a Hshway without further notice. 



We refer you toYol. Ill, lUinois Eeport, page 581, Wm. Parker vs. Tlie People of the 

 State of Illinois, tor opinion of Supremo Court on tliis matter. Please let us hear from you. 



S. P. BARTLETT, 

 Secretarij TlUiwis ISlate Fisli (Jommission. 



Our success in enforcing the law has been, we are sorry to state, 

 but limited, owners of dams seeming to think that because the law 

 compelled them to build and maintain a good and sufficient fish- 

 way, and made the fish commissioners the judges of what consti- 

 tuted such an one, it was the duty of the Commission to furnish not 

 only the model and instructions for building it, but that one of the 

 board should locate it and personally superintend the building as 

 well. To do this at all times has been an impossibility. There are a 

 large number of dams in the State, and to visit each would require 

 quite an outlay of both time and money. And while it is possible 

 that the board, or some member of it, might give the time, yet per- 

 haps none of them would feel that the other requisite could con- 

 sistently be supplied by them for that purpose. The law gives each 

 commissioner ^100 per year for traveling and hotel expenses, and it 

 can readily be seen that it would not allow much inspection of dams, 

 or other work, after the necessary expenditures of the board had 

 been met. Quite a number of dams have been visited and fishways 

 located, but m the greater number of instances this has been im- 

 possible. Great dissatisfaction has existed among those living in 

 the vicinity of such dams because of the failure of the commission- 

 ers to make such visits, and in the event of a failure to have fish- 

 F. C— 2 



