18 



ways put ia, to commence proceedings to enforce the law. We have 

 endeavored to do what we could by correspondence in the matter, 

 but with unsatisfactory results. The fishway of the Dayton dam 

 has been very unsatisfactory, and is so pronounced by those who 

 have watched its operations, and complaints are not infrequent 

 from those who are particularly interested in the fish interest of 

 that stream. 



The dams on the Kankakee ^ver have been matters of contro- 

 versy, the title to two of them having been in question. Now, by 

 decision of court, the ownership we believe has been vested in the 

 State. We have made an application to the Canal Corarai'-sioners 

 to put in fishways over such daras as orde'ed by joint resolution of 

 the B2d Geneial Assembly, which we give herewith: 



JOINT EESOLUTION :52d GENERAL ASSEMBLY. 



Coiirerrdng the construction of flshways by the Canal Commissioners. 



Wheeeas, ii appears from statements made by the Fish Commissioners of the State of 

 Illinois, that the dams construeted by the State of Illinois are not suflQeient to meetth« re- 

 (juirements of the present law in regard to fish\vays; then^fore be it 



Resolved by the Hon fic of Ri'jjrfSiPiitativfS, the tSfinate concurring herein. That the Canal 

 Commissioners of the State < if Illinois be, and are hereby instructed to complete or recon- 

 struct said dams, so tli.it they may afford easy and ample upportunity for fish t<> pass over 

 said dams. 



The following is the law relative to fishways : 



Section third of an act to encourage the propagation and culfivntion and 

 to secure the protectio)i of Finhes in all the waters of this State. ~ 



Approved June 29, 1885, 



"Sec. 8. That it shall be the duty of any person or persons who 

 now or hereafter m-ciy erect any dam or otljer obstruction across 

 any of the rivers, creeks, streams, bayous, ur other watercourses 

 within this State, to place therein suitable fishways, in order that 

 the free passage of fish up or down through such waters may not 

 be obstructed. A failure to perform this duty for ihirty daj's after 

 the passage of this act shall he deemed a violation of this section, 

 and a failure to perform such duty for each fifteen days thereafter 

 shall constitute a separate offense." 



"Sec. 6. Any person or persons violating any of the preceding 

 sections ot this act shall be deemed guilty of a misdemeanor, and 

 upon conviction shall be fined not less than ten nor more than two 

 hundred dollars and costs of suit." 



A number of dams have been provided with fishways, and quite 

 a number of owners have expressed a willingnej-s to comply with 

 the law; and we hope to be able to induce all to see the impor- 

 tance of doing so. 



We have adopted the most simple and f^tfective one we could 

 procure; and, while we do not think it so effective as some others, 

 yet we did not feel justified in adopting one which, from its cost, 

 would make it burdensome to a large majority of those owning 

 water-powers throughout the State, our object being to procure the 

 most effective for the least expense. 



In the appendix will be found a statement from citizens of the 

 county regarding the fishway over the dam at Dayton. 



