Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1871-03-30
From The indianapolis Jouru al
Fish Laws.

a decision has been recently made BY
the Supreme Court of Massachusetts on
Tie duty oil dan owners To construct and
maintain flshways, wherever their dams
are OF sufficient hight to obstruct the free
passage OF fish in their ascent uf streams
preparatory TO spawning. The Holyoke
Water Power Company had built, and fol-
some years have maintained, dam across
the Connecticut river. at the instance of
the Commissioners OF Fisheries of Massar
chusetts, an action was brought TO enforce
what was claimed To be n principle of The
common law, that those VINO hold dams
are bound to construct and maintain fish
ways. The case was fully argued and the
court unanimously decided that by the
common law the builders and owners of
dams are required to erect and maintain
flshways wherever their dams are of suf-
fcient height 10 Distract the free passage
OF fish. The common law having been
declared by statute to be part of Tie law
of Indiana, the same rule would hold good
here. and there is no reason why those
who bave built aud who maintain dams
across the streams of Indiana should moi
be required TO obey IT. In Pennsylyania.
the Fish Commissioners have prepared
plans and descriptions of fsways, for the
guidance of mill owners, and it Is intended
in that State to enforce the requirement
OF the common law. Some of the finest
fish have entirely disappeared from the
headwaie.s OF our principal streams owing
to the higat OF the dams, which prevents
them coming up from the Ohio river.
Some years ago, White river at this point
was well supplied with salmon, buffalo.
rock bass and channel catfish, but after
the construction of the dam at Waver.y,
these fish gradually disappeared, and it
has been many years since they have been
caught above that place. The same
thing is doubtless true Of other streams in
the State. we call the attention OF those
interested In the subject to the matter,
with the suggestion that a test case be
made, and decided by our own Supreme
Court. The Philadelphia Press. In an
article calling the attention of the fish
Commissioner of Pennsylvania to the de-
cision in the Massachusetts case, speaks
thas Of the growing interest in the matter
OF FISH protection in the United States:
-'Ihe interest which This activity has
excited has extended TO our State. and
various transplanting enterprises have
been undertaken. We wish To call atten-
ton TO the food supply which we might
have without anything beyond mere pro-
lection ia all Cur rivers and streams
An American travelling in Germ any is
surprised al the ish markets IN all The
towns OF any size, on one or two. days in
the week. country people bring fishes OF
all species ana sizes, aad exhibit them
living IN vessels OF water, or in pierced
boxes sunk in Canals. which are led
through the market places for that pur-
pose. Here can be seen Tue river and
lake trouts in all the brilliant bues OF life,
eels- perch of several kinds, and, what is
noteworthy, all varieties OF chubs, min
nows. sinners. aud other members of tie
carp family, ranging from two inches to
two feet in length. Al the species OF
fresh water fish are sold aud eaten, and
the prices So low that no man need be so
poor as TO be without animal food for .
part of The week al lesc.. >
I'm our country isbes OF the carp
family are almost universally rejected as
food, though they are as nutritious and
ia all respects as COOL as those eaten
everywhere IN Europe, II they are inferior
TO TIE shad add the trout. We rarely see
clubs and suckers offered for sale IN our
markets, though many poor man is fill
ling himself and his children with FAT
bacon, much of which does not contain a
thimblefuIl of ngiitive "pro,opIasm" TO
the pound We hive large enough part
of the population who "eat to live to
render any addition of cheap animal food
boon. no a. utter by what name il may
be called; and ,s our population increases
that class will Eel the Importance OF our
freshwater fisheries more than now. Our
new and rich county has tempted the
imprevidence of the people, and waste i!
permitted which in many other countries
would lead to speedy punishment"