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


gagged in the pursuit of food, and civilization
is but that improved condition of human
affairs in which food has become so com
paratively plentiful that much of other
labor can be applied to arts, to manufactu
rers, to aesthetic pursuits.
The provision Of the constitution Of Yer.
mont, in regard to the citizen, secures to
him inalicnably the right to fish IN boatable
or other waters not private property. The
meaning of the term. private property. as
applied to lakes or streams is matter for
judicial Interpretation. The Supreme
court Of the United States has declared
that the right OF rcpaiion owners to the
fishing has the precise legal status of the
right to use the waters Tor the purpose of
running mill. The right IS complete, cx-
ccpt as limited by the intcrdcpencc of all
such right, along the stream. AS he cannot
SO use the water for his mill so as to niure
the rights of the mill owners above or be-
low, SO he cannot fish with disregard to the
rights of the owners above and below.
More; he cannot in law so use the water
for his mill,as by that. to interfere with the
value of the fishing above and below.
With these limitations, and those which, in
the public interest, legislatures may impose
the RIPARIAN owners rights are complete.
Whether it is best to extend this doc
uinc, by penal endorsements. TO the limits
of the law. Is for the legislature to deter.
mine. We think it not called for now
and that. for the present ut least. it is bet
ter to apply the doctrine to waters in en-
closed lands While the economic reasons
for declaring uncnclOsCd lands public hunt
ing domains-did not apply to streams in
uncnclosod lands-.ncyerlhccss that public
sentiment. even when growing mp, as in
this case, under the delnsion of the law,
which conccivcs rs claim to forest past
times, L. q matter which nu legislature can
entirely ignore. Such concession to this
sentiment would still lc3Ye 60 the citizen,
no, owning lands sufficient opportunity for
the practice OF the anglers art--and not in
effect damage the frecholdcr's rights, since,
in the streams RENTED. no custody could
well hc held to enforce law. if there was
a law
Ibc views herein urged are as much in
the interest Of the sportsman. ~ are that of
the public economy, or of that of the land
owner. |, is certainly no sport to fish
lishless brook True, something Of fish
crafts pleasures are in crystal
waters. peaceful meadows, wild gorges.
in solemn woods with great cathedral arches
springing O'erhcad. the music of The ripping
Il
the Incidents oLoni thr craftsn,an's Vol.
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