Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1881-07-21
MISSOURI STATE NEWS.

| have issued an address to the people, callin;
attention to the laws now on the staiut
! books for the preservation of fish, counsel
| ing obedience thereto on the part Of all goot
citizens, and asking the cooperation of al
State officers and others for the enforcement
Of the same. The Commissioners quote tn
act approved March II, 1881, which is a
follows:
SECTION j. Every person who shall erect o
maintain, or cause to be erected or main
tanned, In or across any of the waters OF thi
state (unless said waters be wholly upon hi
own PREMISES any dam or other obstruction
no matter for what purpose, and shall no
pIace anu MAINTAIN thereon an apron orchute
not less than fifteen feet wide, and slopin;
from each side to the center, so that the cen
ter shall be at le;At six inches lower thai
either edge and having an int lima ion of no
more than forty five degrees. and SO situated
that the main current of water. impeded il
its natural flow by the dam or other obstruc
ton, shall pass over the same, or who shal
not SO construct or arrange such dam or 9th
er obstruction that it shall be lowest at the
point where the apron or chute shall b.
placed, and low enough for the free passage
OF fish over the same each wav, whenever the
stream in which the same shall be situat &c
shall he swollen beyond its ord nary size
shall be guilty of a misdemeanor and shall b,
held guilty of distinct offense each day he
shall be in default, as aforesaid: and every
tanned in violation Of this act shall be a public
nuisance and may be abated as such.
The Commissioned say:
This law has not been enforced up to the
present time in Missouri, and it seems that
no intention on the part of owners of dams
to comply with It's provisions has been man.
Tested. Why is this? We are at a loss for
an answer to the question. To be sure, we
have heard it said that lawyers had been
consulted as to the constitutiOnality of the
law. Whether such an opinion has been
given or not we do not know, as we have
heard n " n "a
10 the constitutiOnality of the law after an
examination of the question. Such laws as
the one under consideration have received
the approval of the highest courts Of many
OF the States as well as that of the Supreme
Court Of the United States. The Supreme
Court of Massachusetts has passed directly
upon the question several times, and uni
versaily upheld the law, and enforced ODE
dience to it.
After quoting numerous decisions by va
rious authorities, the Commissioners add:
The act we have copied herein is more
stringent and specific than any other before
enacted upon the subject. Now every owner
or maintainer of a mil or other dam is fully
informed as to his Obligation and duty. By
reading the act he will at once see what lie
has to do. We wish to call attention to
this law and to say TO all who are interesi ed
that unless steps are taken immedia ely to
comply with the law, it will be enforced to
the letter and that proceedings will be in
sttuted against every owner and main amer
OF all dams that are not provided with such
pass ways for ii n as are required by the act
approved the 11tn of March, 1881.
The third, fourth, eighth, tenth and twelfth
sections of The act approved May 3, 1879,
read as fol oWs:
SEC. 3. That any rerson placing or using, in
any of the waters of the STATE any medicated
drug, any cOculuS indicus or fish berry, or any
other poisonous thing or subs ance calculated
to poison. kill or injuIe any fish, or who shall
by any such means catch or take any fish
that may be i'll said waters. or who shall place
any nitro glycerine or other explosive thing
or preparation in any of the waters OF the
state, whereby any of the fish that may be in
said waters may be killed, injured or de-
stroyed, or who shall by such means catch or
take any fish from said waters, shall be
|. emed guilty OF q misdemeanOr, and on con-
v1ctlon shall be fined not less than $50 nor
more than 5000 for each Oifense; on failure to
pay >, such fine and the costs OF prosecution,
shall be confined in the Jail OF the county for
length of time not exceeding one day for
every dollar of such fine and costs.
SEC. 4. No person shall be allowed to
place, erect, or cause to be placed, erected or
in any of the waters of the State,
Or in front of the mouth of any stream. slough
net, set net, bag. wire, bush drag, any fish
rap or dam, or any other device or obstruc-
ion, or by any such means to take or catch
my fish in any OF the waters of the State.
provided, that the prohibitions of this Sec
ion shall not apply 10 waters wholly on the
premises belonging to such person or persons
lsing such device or devices; provided, fur
her.. that it may be lawful 10 use a very
mail seine, not to exceed in length, fiji
lsually called minnows, which may be
nus caught to be used for Dait, or for stock
ng other w uers with fish, but for no
,ther purpose; and provided, further, the
'1Sh Commissioners NAV use any necessary
levices for the purpose of removing IL h from
ponds, pools or other waters, when in their
Judgement the safety of The fish or the objects
II this act will be promoted by such removal.
my person who shall violate any of the pro-
lSlonS of this section shall, on conviction, be
eemed guilty of a miedemean and shall bs
med in a SUM not less than so nor more han
100 and on failure to pay such fine and the
oS's OF prosecution, shall be confined in the
ounty Jail for a time not exceeding one day
Or erich dollar of such fine and costs.
SEC $: Every. person who shall knowingly
nd wifully sell or give, buy or accept, any fish
AIKEN or caught in violation of this act, shall |
e deemed guilt Of a misdemeanor, and upon
thereof shall be fined in sum not
D exceed one dollar for each and every fish
o sold or given, bought or a"cepted.
SEC. 10 1t shall be the duty of all Sheriffs, |
larshals. Constables, and other State and |
ounty officers to pay strict and prompt at |
antion TO the enforcement of the provisions |
this act, and for any failure SO to do by any |
herif. Consta ble, Marshal, or other person |
harged with the duty of executing the laws, |
UGH officer shall forfeit and pay into the |
ounty Treasury the sum of ten dollars.
SEC. ~. Any person or per- Ons discovering,
eefng or knowing of any of the devicrs, con-
ivances, distractions or implements pro-
aters OF the State, may seize and destroy the
anne, and shall not be liable to the owners |
hereof for any value therein, nor shall he or
hey be ned to suit for the same in any of the
ourts of this State.
Gvat forbearance has heretofore charac-
'rized the action OF all whose duty it was
, see that the sections of the law above
uOted were enforced. This forbearance
III no longer be induged; and we now say
all who may her after violate the law, that
roper steps will be taken to have them in
ted and punished.
We most respectfully and cordially solicit
lie corporation of all Judges having Grim
al jurisdiction, and all Sherins, Consta-
les and law abiding citizens, in our efforts
enforce obedience to the laws we have re-
FRED to: and we would be greatly obliged
the newspapers OF the State il they would
We circulation to this address, as far as
)ssible. Respectfully,
SILAs WOODsON,
JOHN REID,
/. q. w. STEEDMAN,
Fish Commissioners of Missouri