The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1871-05-25
OBsTRUCTINa THE FISHERIES.

This subject having been referred by the
Legislature of the State, at its last session, to
the Bureau of Agricultural Statistics, the Act
ing Commissioner applied to the Attorney
General of the State. as to his powers and du-
ties in the premises The following reply of that
officer, which is as explicit as emphatic, is pub
lished for the information of our readers:
OFFICE. OF THE ATTORNEY GENERAL,
COLUMBIA, S. O., May Is, 1871.
John Heart Esq, Acting Commissioner Bureau
agricultural Statistics.
DEAR SIR: Your note of the 9th inst. has
been before me for several days, awaiting an
opportunity for reply.
An examination of the statutes of the State
since 1870 will show that the State has sought
to protect, in the amplest manner, the great
interest of all her citizens in the free passage
of migratory fish in all her inland creeks, bays
and rivers.
a series of general and special enactments
for the past ninety years attests thin desire and
purpose on the part of the State. By one of
these Acts, all distractions to the free passage
of fish are declared public nuisances, and any
citizen or citizens are authorized to summarily
abate them. The greater part OF the older
Acts upon this subject are still of force, but
two more recent enactments prescribe anew the
laws which govern these cases.
By Joint resolution of the General Assem-
bly,, passed. January 16, 1870, board of Fish
Commissioners are authorized, and their duties
defined. These are:
/. To inspect all inland streams and report
what distractions ought to be removed, or
what impurities are allowed to flow into streams
where fish are found.
2. To report all violations of the fish laws to
the Solicitors of the several circuits of the
State.
The Solicitors are, by the same resolution,
directed to prosecute all persons reported by
the Fish Commissioners. This gives the full
lest power to enforce all existing laws, and, as
have said, the laws then existing were very
full and complete for thatpurpose. | can hard
ly conceive Of case which is not covered by
the various Acts passed prior to 1858. But at
the last session of the Legislature an Act was
passed which fully re-enacts the leading feat
ures of former laws, and again offers the fullest
means ", ~ m for the complete protection of our mi
gratory fish. The first section of this Act for
bids any permanent obstruction of any kind
whatever in auy of the inland waters of the
State, to the free migration of fish and further
provides for "close time" III each week, from
Saturday night to Monday morning, and any
person violating the provisions of this section
is made liable to a fine Of twenty dollars for
every offence. The second section of this Act
requires all manufacturing companies, or per-
sons erecting dams, to provide suitable 6shways,
and renders them liable to q fine of $4,000 for
failure or refusal to comply with this require
ment. The third section of this Act makes it
an indctable offence to cause to flow, or to be
cast into the inland waters of the State, any
substance poisonous or destructive to fish, and
attaches to the offence as penalty fine of not
less than $500, or imprisonment for not less
than six months. This law is now of force and
is supplemented by many of the provisions of
former laws, which are also of force and, am
sure, that as Commissioner of the Bureau of
Agricultural Statistics, you could hardly ask
for more complete legal facilities for carrying
out the duties of your Office. You have only
to ascertain any violations of the foregoing
laws, and report them to the Solicitors of the
several circuits wherein they occur.
In addition to this, shall be glad, at any
time, to give you any farther aid in my power
IN rendering your administration of this branch
If your official duty effective and useful.
Yours very respectfully,
ID. II. CHAMBERLAIN,
tttornov Goyora1