Centre Democrat. [volume] (Bellefonte, Pa.) 1848-1989, 1880-05-20
ADDITIONAL LOCALS.
Final Settlement Of the Fish Question,

1t ia the desire OF the organization re.
Gently formed in this place for the enforce.
ment Of those acts Of legislature passed for
the protection of fish, and especially trout,
to give the people of this county the bene-
lit which the acts afford. With that inten-
tion, and also to give some light on the
settlement Of the test question raised by
the recent violation of those acts by fish
warden, we publish the final settlement OF
the question on the part of the attorneys
in the case. Let it be understood that there
Is no wish to impose upon any persons, but
the Wholesale slaughter Of the fnny tribe
must cease, and hereafter the laws shall be
enforced. The following decision Of the
eminent gentlemen who conducted the case.
we think, contains 80 much legal lore on
the subject that there will be no reason in
the future for offenders 10 plead either
ignorance or Misunderstanding Of the law
as an excuse. Pause, read and reflect:
Common wealth of Penn n, on complaint of
George Miller, Fish Warden, Us. John
Wagner, before John Rankin, Justice
of the peace in and for the county Of
Centre, on information made under oath
by George Miller, Fish Warden, duly
appointed by the Board of Fish Com
missioners of Pennsylvania, complain.
ing that the said John Wagner did fish
with net, and catch fish in the waters
of Spring creek, "A stream inhabited by
sprcckled trout and black bass, contrary
to the Act Of Assembly in such case
made and provided.
For the purposes Of this suit il was ad.
mitted by a. o. Furst and ID. II. Hastings,
counsel representing the defendant, who
appeared before the justice voluntarily
First: That Spring creek is a stream in
the county of Centre that is inhabited by
speckled trout and black bass.
Second That on the day of NAV,
A. ID. 1880, John Wagner, the defendant,
did fish in said stream, and did catch fish
known ne suckers, with a net commonly
called dip net, the meshes or open spaces
of which were !Sss than three inches.
Fourth: 1t is denied by the defendant,
ard for the purpose Of this suit II il adj
mitted, that said John Wagner did not
by means OF the said net catch any speck-
led trout or black bass.
/ am asked upon this admission Of facts
to decide whether or not there has been
any violation of the law and If so whether
John Wagner is liable TO the penalty Of
twenty-five dollars prescribed by the laws
upon this subject.
This being H question Of much import
snce TO all Of our citizens, owing to the fact
that we have numerous streams in Centre
county that are naturally inhabited by
brook and speckled trout and Others that
the Board Of Fish Commissioners under
the authority Of several Acts of Assembly
at great expense 90 the tax payers have
stocked with speckled trout and black bass.
and which, If properly protected, will so
as TO yield large return for the
outlay.
The laws upon the subject of game and
game fish being somewhat complicated
owing 20 the numerous Acts Of Assembly
upon the subject, I have requested the
counsel representing the complainant in
behalf of the Commonwealth, and also of
the defendant, To unite in a written opinion
as to what law is applicable 10 the facts as
in this case which they have Civ.
en- me, as follows: JNo. |. RANKIN.
BELLEFoNrE, May, 1890