13 
of each lot issued, and fish are only furnished where evidence is 
given the Commissioners that applicant has a proper pond for their 
reception. 
We should have had all the carp needed from our own ponds, 
but circumstances were such a3 to render their removal impracti- 
cable, and we will depend upon the general government for a 
supply, which with our purchase will, we think, supply all appli- 
cants. 
Another season, with reasonable success, we shall be enabled not 
only to supply all applicants, but will have a sufficiency to com- 
mence putting them into our streams and lakes. We have arranged 
with the owner of the Spring Hill Park, Peoria, 8. HK. Adams, M. D., 
for the use of his ponds for breeding purposes, and have procured 
and placed in them a large number of mature fish. ‘The ponds are 
from an artesian well, temperature at all seasons above 68°. Our 
experiments this season have demonstrated that the water is cer- 
tainly the best for purposes of carp propagation of any we have 
found in the State. 
FISH-WAYS. 
As we have, in former reports, discussed at length the necessity 
of the enforcement of laws regulating the obstructing of streams by 
dams, it will be unnecessary to do so now. The fish-way cannot be 
dispensed with and the work of the Commission made successful. 
We have not insisted upon compliance with the law for the reason 
that we have been waiting for the opinion of the Supreme Court in 
the case of Parker vs. The People, in March term, 1883, in error to 
the Circuit Court of Kendall county. The opinion having been 
filed, and as we think it is of importance, settling as it does some 
grave constitutional questions, we give a copy of it herewith: 
Mr. Justice Walker delivered the opinion of the Court: 
This case involves the question whether an act of the General Assembly is, or not, un- 
constitutional. We are fully impressed with the gravity of the question involved, and the 
important, if not vast, results that must flow from its determination. There are few ques- 
tions that more vitally concern the future interests and welfare of the people than does 
this question. Again, itis always a delicate matter to review the action of the other co- 
ordinate branches of government, who act under the same obligations to observe and 
support the constitution that are imposed upon us. We have, therefore, in view of these 
considerations, bestowed an unusual amount of labor, thought and pains in the investi- 
gation of the question, and shall proceed to state our conclusions. 
The act under which this proceeding was instituted was adopted on the 3lst of May, 
1879, (Sess. Laws, page 171,) which is declared to be an amendment to a prior act. It. pro- 
vides: ‘That it shall be the duty of any person or persons who now owns, or may here- 
after erect, any dam or other obstruction across any of the rivers, creeks, streams, ponds, 
lakes, sloughs. bayous or other water-courses within this State, to place therein suitable 
fishways, in order that the free passage of fish up or down or through such waters may not 
be obstructed.” And it imposes a fine not exceeding $200 a year for not complying with 
the requirements of the statute, to be recovered before any justice of the peace of the 
county where such dam or obstruction may be situated. Defendant being the owner of a 
dam across Fox river, and refusing to comply with the law, was prosecuted before a jus- 
tice of the peace, and on atrial ajudgment was rendered against him. He appealed to 
the circuit court of the county, where a trial was had with the same result, and he brings 
the case io this court on error, and urges a reversal. 
All the facts are conceded by stipulation of the parties. It is agreed that the dam was 
erected across Fox river, where it now stands, in the year 1836, and was raised to its pre- 
sent height in July, 1853, and has been so maintained ever since; that in 1842 Michael C. 
Parker, a remote grantor of plaintiff in error, purchased the land on which the mills and 
dam are situated, from the general government; that M. ©. Parker, in 1857, procured the 
' passage of an act of the General Assembly authorizing him, his heirs or assigns, to raise 
this dam higher. or to erect a new one at that place; that the dam always has obstructed. 
and now obstructs, the passage of fish in the river, and to construct a fishway in con- 
