10 REPORT OF THE COMMISSIONER OF FISHERIES. 



Telegram of state Jish warden, Sault Sie. Marie, October 2S, to S. P. ]Mres, DululJt. 



I have no power to change the law; fish not spawners belong to the state of 

 Michigan. 



Telegnnn of S. P. Wires, Duluth, October '2S, to United States Cormnissioncr of Fislierics, 



Washington, D. C. 



To procure a full stock of eggs for the Duluth station it will be necessary to con- 

 tinue fishing at Marquette and Ontonagon a few days after October 30, as we did 

 last j'ear; but if compelled to turn over to the state all unstripped fish it will in my 

 judgment be impracticable to do so. The game and fish warden of IMichigan claims 

 that all unripe fish caught by the United States Fish Commission during the close 

 season are state property. Please advise. 



Telegram of United. States Commissioner of Fisiieries, October 29, to S. P. Wires, Dvluth. 



Make collection of lake-trout eggs same as last season. 



Telegram of S. P. Wires, Marquette, Mich., November 4, to United States Commissioner of 



Fisheries 



State game and fish warden has arrested captains of tugs fishing for us at Marquette. 

 Have four gang nets in lake at this point. Should have competent attorney to look 

 after the interests of the Commission at once. Please advise. 



Telegram of United States Commissioner of Fisheries to S. P. IVires, Marciuetle, November 4- 



Matter will be referred to Department of Justice and Attorney-General will prob- 

 ably instruct district attorney to look after interests of this Bureau. 



I'elegram of S. P. Wiirs, Marquette, Mich., November 4, to United States Commissioner of 



Fisheries. 



Have had trial against masters and owners adjourned until the 11th instant. Tugs 

 will lift to-morrow. Game warden threatens to seize all fish caught from now on. 

 Wire instructions. 



Letter of Frank N. Clark, superintendent United Slates hatchery, Northville, Mich., Octo- 

 ber 31, to United States Commissioner of Fisheries. 



On my arrival at the Soo Tuesday morning, October 27, I found your telegram 

 ordering me to "proceed with lake-trout collection and dispose of fish same as last 

 season." Soon after receiving your telegram I had a conference with Mr. Chapman, 

 state game and fish warden, and told him I should proceed to make the lake-trout 

 collection on the same lines as last season, in accordance with your oi-ders. He 

 stated that the attorney-general of the state informed him we had no right to sell 

 unripe fish, but he would confer with him again and obtain a written opinion, and 

 if he still held to his former opinion, the warden thought it best to start a friendly 

 suit in order to test the law, and asked me to write the Bureau and see if you would 

 agree to it. I think it best to have the matter tested in the courts, if we are to be 

 bothered by the warden in this manner every year. 



From the Soo I went to Manistique to confer with IMr. Platts, the field foreman at 

 that point, and Capt. John Coffy, who is fishing three tugs for us. Coffy informed 

 me it would be impossible for him to fish for us under the requirements of the war- 

 den. I then informed him that we would fish the same as last year. 



On my return to Northville I found a telegram from Mr. Stewart, field foreman at 

 Beaver Island, stating the tug fishermen at Beaver Island refused to fish on the basis 

 required by the warden, and he has also been instructed to fish on the old system. 



As yet very few eggs have been received from Manistique; information from Platts 



