The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1874-03-13

size OF the individual fish, and of varying
strength, according to the accidents OF sit
uation and climate, and are protected ac-
cordng to exposure.
The necessity for this is obvious, for a
fish can no more get over dam higher
than 1t can leap over, than q man can
climb brick wall forty feet high without
ladder to climb on. These fishways are
required on the ground of that instinct in
fishes, by the operation Of which they al
ways return to spawn In the streams where
they themselves were Matched. In doing
THIS they keep these rivers peopled with
their descendants, and are themselves liable
to capture. If salmon eggs or young sal
mon were put into the stream at Montpe-
licr, they would grow there into good sized
fngerlngs and HE away to the sea, and
that would be the last seen of them Mt or
near our Capital. They would be found
afterwards below the falls at Winooski,
beating thcirpoor lives out in frantic efforts
to ascend the falls. Fishermen might
catch them there They might appear up
on the hotel tables at Montpelier something
more freely by reason of diminished cost.
But for the people along the banks of the
stream there would be no more salmon fish
ing than if never an egg had Matched in the
waters. Fishways along the river would
permit the salmon to come TO your door at
Montpelier. to be taken when wanted, so
fresh that they will fairly flop in the boil
ing pot or wriggc on the gridiron. They
would build their own nests. hatch their own
eggs without cost to anybody. With single
pair, grown to adult life and domiciled in
the pools, the stocking of the stream is
only question of time. But few years
would pass before every fit pool would flash
in tlp eIIpliuht will, tln ,t,ol ap1 pl,n e
their silver beauty. And, perhaps, in time,
but for the kindly Offices of the railway,
the unfortunate laborcrs upon riparian
farms, las whilom on the Connecticut might
besiege the legislature in so far to protect
them from the masters greed, rs to forbid
their being made to cat green peas and sal
mon more than twice n week. in the season
of them.
The foundations and limits of legislative
control OF fisheries
The constitution of Vermont gives in
express words to the legislature the
right and power to regulate free or COM
mon fisheries, and, in so far as all private
fisheries are intcrdependcnt amongst them
selvcs-and with the public, and in their
food supply, concern the commonwealth,
are public, this right and power attach as
necessary inference.
he ltBlSldtult HAS power independent
of these considerations. There is no other
authority able to hush the clangor of rival
interests, to make coordinate the adverse
rights in common privilege, to restrain
greed, TO confirm lawful usagc-and to pre-
vent unnecessary litigation. This right has
been used from time immemorial in Eng
land and this country. Our own lcgsla-
turc has exercised in numerous instances.
IT exercises this power every time it directs
the season and manner of taking trout, in
the penalties it provides for the infringe
mcnt of the law. 1t has exercised it IN
general and special acts. and the laws thus
made stand as yet unqucstoned on our
statute books. Hence there can be no
question that the state has, over private
fisheries, all the control it has over any
private property. 1t can regulate, foster
protect, control, but it cannot possess cx-
cept by eminent domain. The state can
not by its commissioners of fisheries take
trout from private streams without the con-
sent of the landowners. 1t may take pos
session of all the lands under water by pay
ing for them and then declare all fishing
free. But under our constitution these
fishings, thus becoming free. cannot be
closed against free common, and public
use. 1t is to be questioned whether the state
could grant or lease fishing on Lake
Champlain, or put any impeachment in the
way of my fishing in that lake at my own
good will. save in those regulations which
aim to help not to hinder the fishing inter
est.