EEPORT OF THE COMMISSIONEE OF FISHERIES. 



13 



tUe act of Congress, its propagation of food fishes must cease, because it would ]je 

 intolerable for it to exercise any of its functions under the direction and control of 

 persons over whom it has no authority. 



If the acts of Congress creating this department are void, the Government must of 

 necessity suspend it, and such suspension would mean an immense loss to the state 

 of Michigan, and probably a much greater loss to the states bordering on tide water, 

 where shelllish are propagated. The constitutionality of this legislation has not 

 before been questioned in the courts, and if the laws of the United States seeking to 

 confer upon the Commissioner of Fish and Fisheries the right at all times to take fish 

 needful for the conduct of his duty, notwithstanding contrary legislation by the 

 state, is unconstitutional, such grave consequences nmst flow from a judgment 

 announcing it that it seems to me not proper to pass upon that question on a pre- 

 liminary hearing where the preparation must of necessity be inadequate. The pre- 

 cijiitate action of the defendants in this case indicates that a dissolution of the 

 injuijction would lead to an unseemly conflict which should be avoided, and there- 

 fore the injunction will remain in force until the final hearing of the cause. 



RELATIONS WITH FOREIGN COUNTRIES. 



Requests for the eggs of American tisli for foreign countries have 

 been received through diplomatic and other channels, and, as in pre- 

 vious A^ears, have been complied with as far as practicable. For long- 

 distance shipments onl}'^ eggs with a protracted hatching period are 

 available, and of these the salmonoid eggs are the most important. 

 Upward of 2,500,000 of such eggs have been presented to Canada, 

 Argentina, England, Wales, France, Japan, and New Zealand, as 

 follows: 



Cordial relations exist between this Bureau and the department of 

 marine and tisheries of the Province of Ontario. The minister per- 

 mits the Bureau to collect white-tish and lake trout .spawn in the Cana- 

 dian waters of Lakes Superior and Erie, and in return for this privilege 

 the Bureau makes plants of fry near the international boundary or in 

 the Canadian waters adjacent thereto. 



The eggs presented to the Argentine Republic marked the beginning 

 of fish culture in that enterprising country. They were sent in care 

 of a representative of the Bureau, were en route from forty-six to 

 fifty days, and arrived at their destination and were hatched with an 



