The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1871-05-19
ob,,ruo.,ng tho F..h.r,e..


Obstrucsing the Fisheries.
THIS subject having been sFeleyred by
the LegislatureISf the .sStats. ptf.its aest
session,a:to the ABur4an OF Aetieultptal
statiotIcs, the Acting Oomaissioper :ap-
piled so the Attorney General Of the
State, as to his powers and duties in the
premises. The following reply oi that
officer, which is as exploit rs emphatic,
is published for the information Of our
readers:
OFFICE OF THE .ArroRNEY:GENERAL,
COLUMBIA, s.! OF. May 16., 1871.
John Heurs, Esq, Acling Commissioner
Bureau Agricultural Satisfies.
DEAR SIR: Your note Of the 9Th inst.
has been before me for several days,
awaiting M opportunity for reply.
An examination Of the statutes OF the
State since 1850 will show that the State
has sought to protect, in the amplest
manner, tho great interest Of all her citi-
zens in the free. passage Of. migratory
fish III all her. inland creeks, bays and
rivers. III. .'-
A series of general aud special enact
ments for the past ninety years attcsts
this desire and purpose on the part of
the State. BY one of those Acts, all OBJ
structions to the free pnssage of fish are
declared public nnisances, and any citi-
zen or citizens are authorized to sum-
marily 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 whioh govern
thene cases.
By Joint resolution Of the General
Assembly, passed January 10, 1870, q
board of Fish Commissioners are au-
thorized, and their duties defined. These
are:
1. To inspect all inland strcams and
report what obslrnctions ought to be re-
moved. 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 tho several cir-
cults Of the State.
The Solicitors are, by the same resolu-
ton. directed to prosecute all persons
| reported by the Fish mmissioners.
This gives the fullest power to enforce
all existing laws, and. as have said, the
laws then existing were very full and
complete for that purpose. I can hardly
! by the various Acts passed prior to 1868.
But at the last session of the Legislature
an Act was pass I'D which fully re-enacts
the leading features of former laws. and
again offers the fullest means for the
complete protection of our migratory
fish. The first section of this Act for
bids any permanent obstruction of any
kind whs.o-ez e say cf the inland
waters of the State, to the free migra-
tion of fish; and further provides for q
''close time" in each week, from Satur-
day night to Monday morning, and any
perlon violating the provisions Of this
section is made liable to fine of twenty
dollars for every offence. The second
section Of this Act requires all manufac.
turing companies. or persons erecting
dams, to provide suitable fshways, and
renders them liable to a fine Of S., 600 for
failure or refusal to comply with this re-
quirement The third section of this
Act makes it on indiotable offence to
cause to dow, or to be cast into the in.
land waters of the State, any substances
poisonous or destructive to fish, and at.
taches to the offence as penaltya fine oi
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 o1
Agricultural Statistics, you could hardly
ask for more complete legal facilities TO,
carrying ont the duties OF your Office.
You have only to ascertain any viola
tions Of the foregoing laws, and report
them to the Solicitors Of the several cir.
cults wharein they OCCUR.
In addition to this, I shall be glad. al
any time, to give you any farther aid in
my power in rendering your administra.
tion of this branch of your official duty
effective and useful. Yours, very re.
spectfully,
D. 81. CHAMBERLAIN,
Attorney. General.
CoTToN MANUFACTURES IN THE SOUTH.
J. r. Dodge, Esq. Government Stats.
| ticinn. makea tile following attainment to