The Lexington dispatch. [volume] (Lexington, South Carolina) 1870-1917, 1879-10-22
DISTRACTIONS 70 M1GRA
TORY FISH. .


Onr Fish Commissioner, Colonel A. 7.
Butler, under authority of the act Great r
ine his Office, went energetically to work :
last year, stocking the several streams OF s
the State with shad and other fish, and
as was the Intention of the Legislature : :
the people of the different sections OF the t
State through which these streams flow
should enjoy the benefit to result IRON
On, Butler's work. On Saluda River
above the dam of the Saluda Factory d
on its tributaries, they are prevented lr0m
doing 50, however, as the dam runs en-
tirely across the river and totally o.
strncts the ascent of fish. The law, Chap
ter LxXvn, Section LIST and 3D. PIP 4oo'
Revised Statutes, says:
SECTION l. That at no time during tne
year shall there be any permanent oo-
struction of any kind or nature Whatever
in any of the inland creeks, streams OF
waters of the State, to the free mlgratlon
lot sh: and there ehall be a close time IN
all the creeks, streams and inland waters
of this State from the setting OF the sun
each Saturday, until the rising OF the
SIM on each Monday, during which time
all seines. nets, wires, or any plan or DE-
vice for the stoppage or catching OF nsn
which obstruct more than two'thirds OF
apy stream, other than a dam for manu-
featuring purposes, shall be removed IRON
. said creeks, streams or waters, ana the
+ owner. in whole or in part, OF any such
obstruction, plan or device shall be liable
. to q fine of twenty dollars for each and
i every offence, one-half to 60 to the IN.
e former. and the other half to the use OF
the county in which such obstruction is
: found.
I SEC, 2. All manufacturing companies
or persons who have erected, or may
erect. artificial dams across the inland
4 creeks, streams or waters Of this State
e which prevent the migratory fish from
ascending the same, shall construct proper
fshways over the same; and should sucn
manufacturing companies or persons re-
b fuse or fail so to do, they shall be liable
l. to a fine of five thousand dollars, recoV'
n cradle by the county in which such dan
le has been or may be erected, in a!Conr
of competent jurisdiction.
The only amendments which have eve
ass Aass # #s 9 4 4a ta he ph fsgu1 n se Bss5 Msg9sA .
e 1871-72 act 149 PIP. 191, and 1877-7s &C
= 494 PIP. 500. Each of these amendment.
apply only to Sec. 1st, as published above
and only change the days of the week
X which the obstruction therein mentioned
shall be removed. Thus the I'd Section,
as above quoted, is still in force and says
that a proper 6sh-way shall exisfoyer
(Saluda) all dams.
In the Revised Statutes, ChapteA
Sec. 81, PIP. 129, it was,nade thaaa
the Commissioner of t1pufssd Of
14sSsss,sssofshs above law 3so the5sBsSy
inahe respective Circades, Where SD
violations are committed. But as the
Office OF Comr. of 8. of A. 5, has been
abolished, we must conclude that the duty
of prosecuting such violations still lies
with the Solicitor, or has been trans
ferred to the jurisdiction of the present
Fish Commissioner.
As a supply Of migratory fish is quite
an object Of food as we'll as Of luxury to
the people, we trust that our exchanges,
published in counties through which the
3aluda runs or borders, will agitate this
subject until we succeed in forcing the
construction Of proper 6shways for the
ascent of migratory fish to the mountains.
Years ago shad were caught from the
Saluda, Ia this county, and sold at 81 to
121 cents a; piece. Why, after stocking
the river ane>removing distractions, can
we not have them sufficiently abundant
once more?
The shooting of Nix, tie negro post
master at Blackville, by young Williams,
has been brought before the Cabinet at
| yEoeh;nokon ND tho ,fT,;r ,y;O ba pool,