EEPORT OF THE COMMISSIONER OF FISHERIES. 11 



yesterday saj-s 20 per cent of the females are spawning. Ah that was the last day of the 

 open season, nets will be set, and if 50 jier cent of the spawners are ripe, the work 

 will be pushed vigorously. 



Telegram of F. N. Clark, Macki'iiaw ClUj, November 10, to United States Com.m!moner of 



Fisheries. 



Court temporarily enjoined w'arden not to interfere. Hearing 24th instant 

 Grand Rapids. Warden assures superintendent no interference, Detroit River, even 

 if injunction dissolved. 



Letter o/ *S'. P. Wires, Duhith, November 13, to United States Commissioner of Fisheries. 



In regard to our trouble with Mr. Chapman, game and fish warden of Michigan, 

 permit me to state that I tried to arrange matters with him so as to continue fishing 

 for a few days after the beginning of the close season under the Michigan laws, but 

 was unable to come to a satisfactory understanding, so I wired him after receiving 

 instructions from you that we would continue fishing with the tugs Columbia and Theora 

 at Marquette, Mich., under the same regulations as we did a year ago, and everything 

 went along smoothly until the morning of the 3d instant, when Mr. Brewster, chief 

 deputy warden, and two assistants, undertook to go aboard the tugs for the purpose 

 of supervising our work and to seize all unstripped fish for the state. We could not 

 allow this, as it would lay each tug captain liable to a fine of $500, also to have his 

 license for sailing a steaml)oat canceled; consequently Mr. Brewster was very much 

 provoked and arrested the captains and owners for illegal fishing shortly after the 

 tugs returned from lifting, but did not seize fish or nets. However, the arrest of the 

 captains caused" us to lose from 500,000 to 600,000 eggs, as no lift could be made on 

 the 4th. 



In order that we might continue fishing until the close of the spawning season, or 

 until we could get definite orders from you, I employed a competent attorney and 

 had the hearing of the captains and owners adjourned for one week, but owing to 

 unfavorable weather was unable to lift on the 5th, and after lifting two gangs of nets 

 on the 6th, we concluded tliat it was time to discontinue work, as many of the fish 

 taken on that date were through spawning and there were very few^ unripe fish. 



When the tugs returned from lifting on the 6th, all nets and fish were seized and 

 turned over to the captains of the tugs to be cared for, and the same was done on 

 the 7th, when the last nets were brought ashore, and all spawn takers, including 

 Frank Thomas and myself, were arrested on the evening of the 6th for fishing in 

 violation of the state game and fish laws, and in order to save time and expense, my 

 attorney advised me to admit certain facts in connection with the case, and if found 

 guilty, to take an appeal, whicli I did. 



iJecision of United States Judge Wantij. 



In the circuit court of the United States for the western district of jNIichigan, United 



States of America, complainant, v. Charles Chapman and Charles E. Brewster, 



defendants, memorandum for judgment on order to show" cause: 



Under the acts of Congress providing therefor, the President of the United States 



appoints a Commissioner of Fish and Fisheries, wdiose duty it is to investigate the 



subject with a view to ascertaining what diminution, if any, in the number of food 



fishes of the coast and the lakes of the United States has taken place, and from what 



cause the same is due, and whether any protective, prohibitory, or precautionary 



measures should be adopted in the premises, and report upon the same to Congress. 



It is also provided that the heads of the several Executive Departments shall cause to 



be rendered all necessary and practical aid to the Commissioner in the prosecution 



of his investigations and inquiries, and section 4398 of the Revised Statutes provides 



