EEPOKT OF THE COMMISSIONER OF FISHERIES. 9 



until the fall of 1003 that a crisis came, resulting in the arrest of 

 employes of the Bureau by State officers. In view of the important 

 bearing of this case on the work of the Bureau in the Great Lakes 

 region, it is considered advisable to refer to it in some detail by citing- 

 laws, correspondence, and judicial proceedings, as follows: 



Section 439s, Revised Statutes of the United States, regarding jtovers of the United States 



Fish Commission. 



The Commissioner maj' take or cause to be taken at all times, in the waters of the 

 sea coast of the United States, where the tide ebbs and flows, and also in the waters 

 of the lakes, such fish or specimens thereof as may, in his judgment, from time to 

 time be needful or proper for the conduct of his duties, any law, custom, or usage of 

 any state to the contrary notwithstanding. 



Section 6, Act SS, Public Acts of Michigan, 1S99. 



It shall be lawful for the United States Fish Commission, through its representa- 

 tives or emijloyees, to hsh with nets in any of the waters of this State during any 

 season of the year, for the purpose of gathering spawn from such tish caught, to have 

 and to hold both ripe and unripe fish, and to have the privilege of selling such fish after 

 stripping, to help defray the expenses incurred in the work of propagation: Provided, 

 That such fishing by said fish commission shall be under the supervision and control 

 of the state game and fish warden, and, jjrovided further. That at least 75 per cent of 

 the fry resulting from the spawn so taken shall be planted in the waters of this State, 

 the same to be determined by reports to the state game and fish warden. 



Letter of S. P. Wires, superintendent United States hatcherg, Duluth, Minn. , October S3, 

 1903, to C. II. Chapman, state JisJt warden, Sault Ste. Marie, Mwh. 



On behalf of the United State Fish Commission, 1 respectfully request your per- 

 mission to continue fishing with tugs at Marquette and Ontonagon a few days, if 

 practicable, after the beginning of the close season. "We desire to comply fully with 

 your wishes and the law of your state in the conduct of this work, and any instruc- 

 tions you may give us in relation thereto will be carefully carried out. 



On the first day of the close season last year we wired your preilecessor, Mr. 

 Morse, the names of the tugs we were operating, also the names of the masters of the 

 tugs, and each day thereafter we reported direct to him the number of pounds of 

 fish taken by each tug, and last June we mailed your office a statement showing the 

 numl)er of eggs collected in Michigan during the close season and the number of fry 

 planted in Michigan waters from the Duluth station, and so far as I know everything 

 was entirely satisfactory. 



I am under the impression that we discontinued fishing last season at Ontonagon 

 on the 4th and at Marquette on the 7th of November. 



An early reply will greatly oblige. 



Telegram of S. P. Wires, Duluth, October 37, ios'atefish warden, Sault Ste. Marie. 



In order to fully stock the United States Fish Commission station, Duluth, with 

 lake trout eggs, it will be necessary to continue fishing with two or three tugs at 

 Marquette and probably two at Ontonagon, Mich., a few days after the beginning of 

 the close season, but it will be impossible to give any portion of the fish caught while 

 engaged in this work to the state, as the total catch of fish will fall considerably 

 short of paying the exj^enses of collecting the eggs. Will you insist upon taking the 

 unstripped fish? Please wire reply. 



