Jan. 17, 1889.] 



FOREST AND STREAM. 



819 



FOX RIVER ASSOCIATION, 



CHICAGO, HI., Jan. 12.— There was held at the Sher- 

 man House parlors in this city on last Wednesday, 

 Jan. 9. a meeting of sportsmen, which in interest and 

 significance was probably the most notable one of its 

 kind ever convened in this State. Tbis meeting of the 

 Fox River Fish and Game Association is really the second 

 formal assemblage of the organization, which is but 

 barely a year old. Its origin is due to Mr. Geo. E. Cole 

 and Mr. Chas. F. Hills, who, when commenting upon 

 the growing scarcity of fish in the Fox Lake district on 

 a fishing trip only two seasons ago, asked each other the 

 question, if the scarcity was not due to the absence of 

 lawful fishways in Fox River, and added the further 

 question whether a joint effort on the part of the sports- 

 men's clubs would not be amendatory of this and other 

 evils apparent, in violation of the fish and game laws. To 

 the efforts of this organization and of the men composing 

 it is due an improvement in the fish and game supply 

 already evident, and this fact is mentioned in a Fox 

 Lake article sent in for publication before this date. 



With these men not much talking was done. In a 

 few days the following certificate of organization was 

 duly filed: 



STATE OF ILLINOIS, { m 

 County of Cook, t ™" 



We, the undersigned, Charles F. Hills, Jolm Wilkinson and 

 Henry L. Hertz, citizens of tlie United States, propose to form a 

 Society under Ml act of the General Assembly of the State of 

 Illinois, entitled "An Act concerning Corporations," approved 

 April IS, 1872, and all acts amendatory thereof, and for the pur- 

 poses of such organizations, we hereby state as follows, to wit: 



1. The name of such Society to he the Fox River Fish, and Game 

 Association, 



2. The object for which it is formed is to assist in the. enforce- 

 ment of the fish and game laws of the State of Illinois, in the Fox 

 Kiver region. 



3. The number of its Directors to be ten (10;. 



i. The names of the Directors selected for the ft rat year are: 

 Charles F. Hills, J. C. McCord, Andrew Lovell, D. F. Barclay, J. 

 W. Lyke, E. C. Howard, Henry L. Hertz, F. I. Pearco, Geo. E. 

 Cole and John Wilkinson. 



5. The location of said Society is in the City of Chicago, in the 

 County of Cook and State of Illinois. 



Charles F. Hii.ls, Iseal. 

 John Wilkinson, [seal. 

 Henry L. Hertz, [seal,' 



En a few more days there issued over the great seal of 

 the State of Illinois a due charter, stating that, compli- 

 ance with certain mentioned conditions having been 

 .made. 



Nmo, Tli ere fore, 1, Henry D. Dement, Secretary of the State of 

 Illinois, by virtue of the powers and duties vested iu me by Law, 

 do hereby certify that said The Fox River Fish and Game Asso- 

 ciation is a legally organized corporation under the Laws of this 

 Sta,te. 



In testimony whereof, 1 hereto set my band and cause to be 

 affixed the great Seal of State. Done at the City of Springfield, 

 this seventh day of February, in the year of our Lord One 

 Thousand Eitrht Hundred and Eighty Eight, and of the Indepen- 

 dence of the United States the One Hundred and Twelfth. 



Hf.nhy D. Dement, Secretary of State. 



Here, then, was a corporation able to sue and be sued, 

 and empowered to raise moneys by such means as it 

 chose; empowered, therefore, to hold up the empty hands 

 of our State Fish Commission, which, though certainly 

 intelligent and willing, had no money wherewith to act, 

 though fully cognizant that action should be had, and 

 that quickly. 



Members poured in from all the big clubs of Chicago, 

 and from every vicinity of Fox Lake, from Elgin, from 

 Sycamore, and all through the northern part of the 

 State, Funds were raised. Not a moment was lost in 

 theorizing, but at once the association figuratively as- 

 cended the neck of two or three stubborn and purse- 

 proud datn owners along Fox River. It has already 

 shown these dam owners that it also has all the money 

 it wants for a fight, and all the determination it needs to 

 win. Reference to recent suits was made in Forest 

 \3ji> Stkeam of Jan. 3. The work has begun, and begun 

 well. It will soon be merry all along the fine. 



What this work has been and what it will be in the 

 future year, may be seen by a careful examination of 

 the following report of the proceedings of the meeting 

 above mentioned. At this writing there remains time 

 for only the briefest comment. 



The assemblage gathered at the Sherman House last 

 Wednesday was a surprise to me, and one to make a 

 sportsman or sportsman's paper glad. A meeting of the 

 directors of any heavy mercantile or political movement 

 would not present a body of men the equal to it in per- 

 sonal appearace, in dignity of parliamentary action, nor 

 in the lesser qualities of wealth, success, and social and 

 business prominence. It was a collection from the lead- 

 ing business men of this section, men who have never 

 allowed any man or corporation to impose upon their 

 private interests, and who are now in body resolved that 

 no man or corporation shall impose upon the rights of 

 the people of Illinois in the matter of fish and game. 



The meeting was called to order by the president, Mr. 

 Chas. F. Hills. Mr. Wilkinson, the secretary, was absent 

 on account of illness, but sent in the following letter to 

 Mr. Cole, which was read before the meeting and spread 

 upon the minutes. It may be seen that Forest and 

 Stream, the only paper to take any intelligent' action in 

 this section upon the lines of work in hand by this big 

 association, has received due appreciation for its efforts: 



Chicago, Jan. 9, 1889.— Geo. E. Cole. Esq.: Dear Sir— 

 I find that I shall be unable to attend the meeting of the 

 Association this afternoon, as I am confined to my house. 

 I send you for Mr. Hills my report as treasurer for the year, 

 and also the records of the Association. 



I also inclose an extract from a late number of the 

 Forest and Stream, which I cut from an article on Fox 

 Lake: 



There are some matters which should receive the strong atten- 

 tion of those interested in the continuance of Fox Lake as a pleas- 

 ure ground. One of these is fishing through the ice during the 

 winter; it is destroying the h3h at a terrible rate. Another js The 

 continual harrying of the ducks in the open water, and trie inces- 

 sant "coasting" them up along the shores in the morning. Not a 

 boat ought to go out on the lake before full daybreaK, and each 

 boat ought to go directly to its own stand, and leave the edges of 

 the lake aione. Shootine on the middle of The lake should be 

 stopped entirely. Thus The ducks would have given Them a chance 

 to feed and a chance to rest, and would not be so apt to entirely 

 desert the region, as they may soon do unless a change iB made. 

 To try to row up on a bunch of ducks in the open lake, and by 

 repeated firing of heavy charges to perhaps scratch down one out 

 of fifty shots, is not sportsmanlike, and sportsmen should en- 



deavor to have it stopped. Let each shooter keep to his blind or 

 llyway, and the total result will bo very much greater. The 

 ducks must have some chance, or they cannot be expected to 

 stay.— ForeM and stream, Dec. 27. 



I think it would be well to read this extract at the meet- 

 ing, as it calls attention vfiry strongly to matters for which 

 there should be some remedy. 1 think that we have a law 

 forbidding duck shooting after sunset and before sunrise; if 

 this is a law, it certainly ought to be respected; although we 

 know that little attention is paid to it at Fox Lake. There 

 are various matters referred to iu this article concerning 

 which it would be impolitic to attempt to have any new laws 

 made, but our Association ought to be strong enough to in- 

 fluence public opinion in this respect, certainly among all 

 members of the Association. Every hunter must appreciate 

 the force of these remarks, and know that they are justi- 

 fied by the many unwise practices on Fox Lake. It seems 

 to me that it would be a good plan for our Association to 

 have placards printed to be posted in the various hotels and 

 club bouses, which should urge upon all people who come 

 to the Lake the necessity of abstaining from doing many 

 things which are gradually tending to ruin our fishing and 

 shooting. In these placards, I would call attention very 

 strongly to the dangerous habit of rifle shooting on the 

 water. "This is a practice which is indulged in very gener- 

 ally, and which will lead to some fatal accident if it is per- 

 sisted in. I presume that there are very few among us who 

 have not heard the whistling of rifle bullets fired from some 

 boat, club house or hotel. No one can tell where his bullet 

 is going to glance to after it strikes the water, and it always 

 does glance; if the water is rough, it may glance to the 

 right or left, or go straight ahead. My house on the Island 

 was struck by bullets several times during the last two 

 seasous. 



As long as people delight in fishing, I think that fisher- 

 men will always vie with each other to see who can catch 

 the most fish,' without regard to quality or size. In this 

 Avay thousands aud thousands of fish are killed every sum- 

 mer on our lake which are entirely useless for food because 

 too small, and which should be thrown back into the water 

 as soon as caught. The true angler never does such things, 

 aud I think that our worthy president sets a good example 

 in this respect. .Every member of the Association ought to 

 do what he can to prevent this indiscriminate slaughtering 

 of fish. 



I hope that yuu will have a good meeting this afternoon, 

 and I regret very much that I cannot he there. Yours 

 truly, John Wilkinson. 



The report of the directors was then read and adopted, 

 and this, although it is long, I trust may be printed in 

 full, as it covers very clearly the past and future of a 

 work than which none is of greater importance to the 

 sportsmen of this region. If once read by a sportsman it 

 will convince him that the day of talk is past and the 

 time of action now at length at hand. 



REPORT OF TBE DIRECTORS OP FOX RIVER FISH AND GAME ASSO- 

 CIATION TO THE MEMBERS OF THE ASSOCIATION, JAN. 9,1889. 



Gentlcm en— Your Directors submit the following as a report of 

 the work of this Association since our first annual meeting, wittu 

 results accomplished, and suggestions as to the desired amend- 

 ments to our fish a nd game laws. 



On the opening of the spring of 1S88, acting in harmony with the 

 Board of Fish Commissioners, steps were taken to induce the 

 owners of dams on Fox Rivor to provide the same with fishways 

 as provided by law. During the months of April and May our 

 efforts were confined to interviews with dam owners, and the 

 selection of a suitable device that would accomplish our purpose, 

 and afford a free and unobstructed passage to fish, and at the 

 same time be economical, safe to, and easily constructed by dam 

 owners. Very little progress, however, was made with dam owners, 

 and it was found necessary to select some point and make a de- 

 termined fight. The city of Elgin was selected as being an im- 

 portant point, easy of access to the officers of the Association, 

 and their attorneys. In order that no complaint might be justly 

 made of partiality, a person was sent the entire length of the 

 river, and every dam owner was personally served with notice as 

 provided by law. 



Although the Fish Commissioners were empowered by statute 

 to construct fishways in dams where owners failed to provide 

 same, no provision was made for funds to pay for such construc- 

 tion in the first instance. In view of this difficulty the Fish Com- 

 missioners were powerless to act, and to provide for this de- 

 ficiency tbis Association directed their attorneys to draw up a 

 guarantee iu writing which was executed by the officers of this 

 Association, by which the Association undertook to advance the 

 necessary costs of fishways, constructed by Fish Commissioners, 

 to be reimbursed out of recovery to be had against dam owners. 

 Armed with this guarantee, the Fish Commissioners accompanied 

 by a committee of vour directors proceeded to Elgin with their 

 attorneys and induced the Elgin Hydraulic Company to con- 

 struct a fishway in their dam without a contest, and the same is 

 now in successful operation. A fishway was also put in at the 

 Algonquin Dam by the owners, 



About this time a determined effort was made by the Associa- 

 tion to have the canal commissioners provide a fishway in the 

 State dam at Dayton. Your attorneys drew up a petition to the 

 canal commissioners, which was signed by leading citizens and 

 forwarded, accompanied by strong personal letters. After 

 persistent and continuous effort the canal commissioners have 

 been induced to provide said dam with a fishway, and the same is 

 now in successful operation. 



There is now iu successful operation a fishway in Dayton, York- 

 ville, Elgin and Algonquin. There are no fishways in the dams 

 at Aurora, North Aurora, Batavia and Couova; the condition of 

 the dam at Montgomery is unknown. At St. Charles and Car- 

 penterville dams are provided with what is known as the "Shaw 

 fishway," a device of ho practical use and not filling the require- 

 ments of the law. In November, the dam owners unprovided, 

 having renounced all intention of complying with the law, suit 

 was commenced against the owners of Carpenterville dam, and 

 after a contested trial they were fined. Notice of appeal has been 

 given in this suit. Complaints have been made against the own- 

 ers of damatGeneva, Aurora andNorth Aurora, four suits, which 

 are set for trial Jan. 9, at Elgin. These complaints should be fol- 

 lowed tip by complaints every fifteen days until the owers comply 

 with the law. 



We have been advised of several isolated instances of violations 

 of law, but owing to defects in the provisions of the statute their 

 prosecution would have been attended with so much uncertainty 

 aud expense in time and money, we have thought hest to content 

 ourselves with threats of prosecution until some more effective 

 law is passed. In comparing the fish and game laws of this State 

 with those of sister States we find that the prohibitory phraseol- 

 ogy of our statute as to acts prohibited is suflii lenity strong, but 

 there are many acts prohibited elsewhere which are not covered 

 by ou r statute. In pto viding what shall be evidence of violation and 

 enforcement of penalty our statute is lamentably defective and the 

 duties and powers of Board of Fish Commissioners are confined 

 to the mere hatching of fish. Owing to this deficiency, the ques- 

 tion of whether a dam is provided with a lawful fishway becomes 

 a question of fact, to be decided by a preponderance of testimony. 

 Having in view the facility with wnich wealthy and powerful 

 individuals and corporations can establish facts by testimony, 

 the difficulty met in the trial of these cases can be appreciated. 

 At the trial of the Carpenterville case nearly twenty witnesses 

 were sworn, and an architect was employed to make a diagram 

 and actual measurements of the dam and so-called fishway. 

 Under this statute of law, owners put in all kinds of devices, of 

 course, in most cases of no practical benefit, and produced wit- 

 nesses to swear that they have complied with the law. This diffi- 

 culty would be all disposed of by a suitable amendment hereafter 

 suggested. Another evil, and quite as important and difficult to 

 remedy under the present statute, is the possession by parties 

 along our rivers and lakes of unlawful seines, spears and other 

 instruments. It is practically ioiuosaible to prevent their use 

 where people are allowed to have, them in their possession. 



In many States the Board of Fish Commissioners ,is created 

 by statute, a bodv corporate with ample powers. We thereforo 

 divide our suggestions into three beads To be reached by amend- 

 ments to present law. 



First— the acts to be prohibited. 



Second— The evidence of violation of statute. 



Third— The penalty and manner of enforcing same. 



First — The killing of game is sufficiently prohibited by statute, 

 except the killing of game during the spring season, and that 

 question having many advocates, pro and con, we leave it to the 



best judgment of the Association, without recommendation. The 

 killing of fish from Nov. 15 to April 15 should be prohibited, and 

 at all times within four hundred (400) yards of any fishway. The 

 killing of fish by gaff should be prohibited. The having in posses- 

 sion any seine, spear, or other unlawful device for the taking ox 

 killing of fish, except as hereinafter provided, should be made a 

 misdemeanor. Dam owners should be required to place and 

 "maintain" therein, instead of "place therein." 



Second— The evidence. The Board of Fish Commissioners should 

 be made the sole judge of the sufficiency of fishways, and dam 

 owner he required to have their fishways inspected by the Board, 

 and procure from the Board a certificate of inspection, under the 

 corporate seal of the Board. Such certificate to be revocable 

 whenever said dam owner shall fail to maintain such fishways to 

 the satisfaction of the Board of Commissioners. A failure to 

 obtain said certificate to be prima facie evidence of the violation 

 of this Statute. The having in possession upon the shore of any 

 river or lake in this State, of any seine, net, spear, gaff, or other 

 unlawful instrument for the taking or killing of fish by any per- 

 son, to be m-ima facie evidence of violation, etc. 



Third— Enforcement and penalty. Give Board authority to 

 appoint fish wardens with power to arrest without warrant. 

 Board to have general supervision over the propagation, cultiva- 

 tion and preservation of game and fish. Board to inspect fishways 

 and issue certificates of inspection; to revoke certificates upon 

 failure of owner to maintain, and to enforce provisions of the law. 

 Board to have control of the expenditure of all moneys appropri- 

 ated for the propagation and preservation of game and fish. 

 Board to report annually to governor, that report to he printed 

 and distributed. 



Rema r/f.s.— The suggestions above made may seen to you to take 

 too wide a range, and require too voluminous amendments, or in 

 common words, "be asking too much." 



A careful examination of the game and fish laws of New York, 

 Connecticut, Maine, Minnesota, Nebraska, Iowa and Wisconsin, 

 impress upon us that our enlightened people are waking up to the 

 necessity of calling a halt on the further depletion of our immense 

 and admirable^game and fish preserves, and that this great State 

 can ill afford to be behind in this good work. 



If properly presented, we have no doubt that our Legislature 

 will give us the laws we require. 



Without some sufficient law your efforts can only meet with 

 partial and indifferent success, and afford unsatisfactory returns. 



We advise the vigorous prosecution of the delinquent dam 

 owners, and believe that they will soon come to terms, as there 

 can be but one result. 



In our work thus far, we have been assisted and aided in every 

 way in his power by S. P. Bartlett, present Fish Cornmissioner, 

 and, although hampered by want of authority, he has clearly 

 proved that his heart is with us in the work. Respectfully sub- 

 mitted, Geo. E. Cole, 



For the Directors of Fox River Fish and Game Association. 



With the view of raising funds to meet the immediate 

 demands, it was agreed to fix a life membership in the 

 Association at $10. Before the meeting adjourned a sum 

 of $130 was raised in this way. The annual dues were 

 left unchanged. The meeting resolved to instruct the 

 board of directors for the ensuing year to prepare a bill 

 as much in conformity with the Wisconsin game laws as 

 possible, and make all honorable efforts to have it passed 

 by the present Legislature. It is known by sportsmen of 

 this country that the Wisconsin game law is exceptionally 

 strong, allowing no blind shooting beyond the cover, no 

 sneakboxes, and no shipments of game out of State. We 

 need such a law here. The question of spring shooting 

 was left for further consideration and report. The 

 Association is as active on game matters as in fish pro- 

 tection. 



Mr. W. K. Reed, of the Hennepin Club, spoke at some 

 length on the game laws, after which the following 

 gentlemen were elected directors for the ensuing year: 

 C. F. Hills, George E. Cole, John C. McCord, James G 

 Dwen, Henry L. Hertz, Clarence A. Knight, J. C. 

 Burkett, J. W. Lyke, John Wilkinson and G. E. Haw- 

 thorne. Mr. Cole was tendered a hearty vote of thanks 

 for his services during the past year. 



The Hennepin Club is an Illinois River organization. 

 It is swinging into line on this work. Mr. R. B. Organ, 

 president of the Mak-saw-bas, a Kankakee River club, 

 was also present. The Kankakee country is going to 

 swing into line. The whole State is apt to follow. It is 

 now only three days after the meeting of the Association, . 

 but already the brief daily despatches have attracted 

 attention. This morning Mr, Hills, president of the 

 Association, showed me a letter from an Illinois River 

 club, which by permission is printed below, so that yet 

 other clubs may see and follow the Sandwich Club in 

 what will doubtless be a large membership contributed 

 to the Association: 



Sandwich, 111., Jan. 10.— Mr. C/t«s. F. Bills, President Fox River 

 Fish owl Game, Association, Chicago, 111.: Dear Sir— I see that 

 you are hacking up the Fish Commission in right royal shape in 

 the construction of fishways along the Fox River. I have been 

 working at this single-handed for the last five years, but I could 

 not get Mr. Bartlett to push matters. 



The dam at Dayton has been the biggest curse on the fine. They 

 had a box trap placed there by the State— as it is a State dam— 

 and called it a fishway simply to comply with the law: but I have 

 offered $500 to any one who would truthfully swear that a fish ever 

 passed through it over the dam. 



There was a wooden-legged fellow who always sat below the 

 dam during the fishing season, and caught the black bass for the 

 markets in all the small towns. A good many game fish that can 

 be caught below that dam are never heard of above it, simply be- 

 cause they cannot get over, and none breed. 



1 have just heard that a tishway had been constructed at Day- 

 ton. If so. I would like to inquire what sort of a fishway it is, 

 whether constructed under the supervision of the fishway com- 

 missioners, or simply placed there by the canal commissioners to 

 comply witli the law. All these private or State fishways will 

 hear a'thorough inspection, as many will try to get along with a 

 little expense, and put in a trap that has no utility for the free 



P it'^ve'ry essential that a good aud sufficient fishway be placed 

 at Henry! 111. I understand that a private flshwav had been 

 placed at Yorkville, 111., but not in conformity with the law. 

 St ill it may be just as good. I think commissioners want to be 

 backed up," and anything that the Sandwich Fishing Club can do 

 to aid yuu, do not be afraid to call upon them. 



There are a great many violations of the fishing laws along Fox 

 River, such as seining at night, which has been in progress for 

 two years, and the river nearly depopulated of that nice game 

 fish the black bass. The red hors6 has nearly full possession of 

 the river from Davtonto Aurora, simply because the others have, 

 been seined out, and there has been uo free passage for the fish. 

 Yours very truly, J. M. Hummed. 



In reply to the above letter Mr. Hills wrote the follow- 

 ing, which is worthy of careful perusal: 



Chioaoo, Jan. 12.— Mr. IF. Hummel, Sandwich, III: My Dear 

 Sir— In reply to your encouraging letter of the 10th inst. accept 

 on behalf of the Fox River Fish and Game Association hearty 

 thanks for your offers of assistance, as well as for the informa- 

 tion furnished. 



The Association is in the tight to stay, and in the contests with 

 the owners of dams we have first selected the parties most bellig- 

 erent. The Elgin Hydraulic Company at Elgin put in a fishway 

 i Ihe Rogers) without a contest. The owners of the dam at Algon- 

 quin put in one of the same kind afterward. Suit was brought 

 against the owners of the dam at Carpenterville; twenty wit- 

 nesses being sworn; defendants were fined $10.00 and appealed 

 the case, making the assertion to the effect that they would carry 

 the case to the Supreme Court. Assuming they will do so, they 

 will find that, as the law provides, wo can have them fined every 

 fifteen days, and by the time the first case is reached on the appeal 

 their legal expenses will be double the cost of the hest fishway. 

 We prefer to fight the hard-fighting dam owner. The stronger 

 he is financially the greater the effect of our victory when won, 

 as we are in this contest to win. Col. Bartlett is with us, and has 

 given every assistance in his power. 



The forthcoming issue of Forest and Stream will have copy 

 of the report of our directors as made to the Association at last 

 meeting. When received I will send you a copy. Our annual 



