Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1871-06-02
Obstructing the Fisheries.

Legislature OF the State, at it's last session. to
the bureau of Agricultural Statistics, the
Acting Commissioners applied to the Attor-
ney.denorai OF the State, ns to his powers and
duties in the premises The following reply
OF that officer which is as explicit as tmphat
ic, is published for the information of our
readers:
OFFICE OF TIE ATTORNEY GENERAL,
COLUMBIA, S. G., May Is, 1871 !
John Heart, Esq, Acting Commissioner
Bureau Agrtcuhurut 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 $50 will show that the State has sought
to protect, in the amplcSt manner, the great
interest of all her citizens in the passage of
migratory fish in all her inland creeks, buys
and rivers
A series of general and special cnactmcnts
tor the past ninety years attcsts this 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 nuisanccs,
and any citizen or citizens are authorized to
summarily abatc them. The greater part of
the Older Acts upon this subject are still
OF force, but two more recent cnactments pre-.
scribe anew the laws which govern these
cases.
BY u joint resolution of the General AS
sembly, PASSED January 10, 1870, board
Of Fish Commissioners arc authorized, and
their duties defined. These arc :
/. To inspect all inland streams and report
what distractions ought to bc removed, or
what impurities arc allowed to flow into
streams where fish arc founG
2. 10 report all violations Of the fish laws to
the Solicitors of the several circuits of the
State.
The Solicitors arc by the same resolution,
directed to prosecute all persons reported
by the Fish Commissioners 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.
l can hardly conceive OF case which is not
covered by the various Acts passed prior to
1868. But at the last session of the I,cgis
llturc an Act was passed which fully re-cn-
acts 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 torbds any permanent ob
struction of any kind whatever in any of the
inland waters of the State, to the free mgra.
ton of fish and further provides for '.closc
time in each week, from Saturday night to
Monday morning, and any person violating
the provisions of this section is made liable
to fine OF twenty dollars for every off nee
The second section of tbs Act requires all
manufac uriug CONF anics. or p,r,on erect
ing dams, to provide suitable fshways, and
renders them liable to fiuc Of $4,000 for
failure or refusal to comply with this require
mcnt The third section Of this Act makes
it an indictable offence to cause to flow, or to
be cast into the inland waters of the State,
any substances poisonous or destructive 70
fish, and attaches to the offence as pcnalty
fine of not less than $500, or imprison
ment not less than six months. This law
is now oi force aud is supplemented by many
of the provisions Of former laws, which are
also of force, and, am sure, that as Commis
sioncr of the Bureau of Agricultural Stats.
tics, you could hardly ask for more complete
legal facilities for carrying out tho 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 pow
er in rendering your administration of this
branch of your official duty effective and USE
full Yours, very respectfully,
d: II. CHAM BERLAIN,
Attorney General.