Pfef)va^ tfyeir Contraction and CIse. 



T 



HE first printed report made by any Fish 

 Commission in the United States was made 

 to the Governor and Council of the Com- 

 monwealth of Massachusetts, and was dated Decem- 

 ber I, 1865, and signed by Theodore Lyman and 

 Alfred A. Reed as Commissioners. The report was 

 made under a " resolve of May 3, 1865, concerning 

 the obstructions to the passage of fish in the Merrimack 

 and Connecticut rivers." The Commissioners were 

 directed to report upon certain specified subjects : 

 "No. 5. To ascertain the extent and degree of 

 the discoloration of the water of said rivers, below 

 said dams, caused by the discharge of dyestuffs and 

 other noxious matter therein from manufactories. 



"No. 6. And the effect of such matter upon 

 the water and the fish inhabiting the same. 



" No. 7. And further to make inquiries and 

 ascertain the best mode of constructing fishways over 

 said dams. 

 " No. 8. The expense of the same. 



" No. 9. And such further facts touching fishways and their usefulness in aiding 

 the passage of fish over obstructions as said Commissioners may deem useful or 

 expedient." 



The Commissioners were apparently in doubt about the legal status of fishways 

 and applied to John A. Loring for an opinion, who said : " By the law of this 

 Commonwealth, all persons who may build dams on streams annually frequented by 

 fish, do so under an obligation to keep open sufficient sluices and fishways for the 

 passage of fish at proper seasons. And a company whose charter makes no provision 

 for such fishways in dams which they build, is under this obligation as much as if 

 such charter in terms required fishways to be built." 



The report itself with plan of a fishway is very comprehensive and shows clearly 

 the need of fishways to maintain a supply of certain of our food fishes, and it is 

 referred to here simply to show that the Commissioners at that time realized the 

 importance of constructing passes over river obstructions to enable food fishes to 



THE BOWMAN. 



