Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-02-04
A Lively Meeting of the Assembly
Committee-Views of the
Fish Commissioners.

VISION OF the Code intended 10 prohibit the
taking of young fishes OF the length therein
prescribed. He moved that the Secretary
be instructed to draw up new bill to en-
brace the provisions of the bill, and also OF
Bill No So also introduced by Mr.. Carter
Commissioner Buckingham thought that
the use of fike nets should be allowed, as the
catfish were becoming too numerous and
ike nets We're necessary, in order TO catch
them in any quantity.
The Chair ruled that discussion on these
subjects would not he in order until the
substitute was ready and which the Secre-
tary would ut once prepare.
Assembly Bill No. 80 eGoucher's anti
sawdust bil) was next considered.
Mr.. G0uchey spoke in defense Of the bill,
and explained his reasons for introducing
it. He had given much thought to the
matter, and had prepared a substitute for
the bill TO amend Section 635 of the Penal
Code, which he thought would obviate the
objections urged to the old bill by Mr.. Nc
Glashan on behalf Of the Truckee-riyer
Mmbcmcn. The substitute provides
that sawdust should be incIuded
in the list of articles considered
delcterious to fishes but requires evidence
to be introduced to establish the fact that
sawdust had actually been deleterious to
the fish If in some localities sawdust
fshould prove not TO have been injurious,
then no crime was committed In Mari
rosa it had been, and can be, conclUsively
proven that sawdust IS deleterious.
Mr.. Henley thought that the people OF
the State wanted 4 specific and stringent
law ON the subject. and he did not think
the substitute sufficiently explicit.
Mr.. Coleman took the floor and said he
was in favor of the substitute. He thought
I
torTcut-Hkc to sweep away and distribute
sawdus; deposits, and thus prevented ser
iOuS injury TO fishes, while other and
slower streams permitted Sawdust to gather
in vast bodies. He thought it enlinentIy
proper to leave it to be determined in
Court, by actual proof, whether sawdust
had proved injurious to particular streams.
Mr.. Henley thought the proposed substi
tute 4 little better than the original bill, but
he could not favor it.
Mr.. Pyle thought il the duty Of the Leg
islature TO consult the interests OF all sec
tious The Truckee river fishes should be
protected as well rs the interests of the
| millmen. The industry Of trout-catching
on the Truckee is a great one rs shown
| by Mr.. McGlashan. and it should certainly
be protected. As a matter of Justice to all
parties, he thought it best 10 leave the sub
| ject (of determining what Is deleterious) to
the Courts 10 determine. To that end he
would suggest that no articles be speCifical-
! " mentioned.
Mr.. Hazard said he did not believe the
original bill could pass the Assembly after
the gentleman from Nevada (McGlashanl
should be heard on the subject. He hoped
| the substitute would be adopted.
Mr. McGlashan said that if q saw1ust
| bill Is to be passed, he hoped the commit
| tee would act cautiously. If Mr.. Ellison
! or Mr.. Yule were present they could show
| To the committee that sawdust does not, in
their section iniure the trout lie read
| from a letter received from prominent mill
men asking that-if any sawdust bill be
passcd-its provisions do not 90 into effect
! before next May, as the mills would re-
! quire considerable time to prepare for the
| change He was elected by both Demo
Gratis and Republicans Oh this very issue,
and felt deep interest in the matter.
| Mr. Henley thought the mills could very
| easily dispose OF their sawiUst by burn
! ing il.
| Nh Moars. OF Sonoma. said he had been
! engaged in numbering tur twenty Years on
| Russian river, and h&G never known fish
( to- be Killed by sawdust.
! Mr. Wood, Of Sierra said 1t lived on a
| tributary OF the Feather river, where there
| are many mills. and he had never known
Of any trout being killed by saWdust de-
posts 1t IS all pine sawdust there. He
did not know what effect redwood saWdust
! has on fish.
| McGlashn wished the matter postponed
until the committee could visit Truckec
and learn for itself the facts concerning the
| effects of sawdlIst deposits in the Truckee.
! He made a motion to that effect, which was
seconded by Mr., Pyle.
g. i L. 8
| fish cuIurist covering the bottoms Of his
| matching boxes with sawdust, but with the
| clcanc-t gravel he could get His theory is
that the reason sawdust in the Truckcc
| does not appear 10 injure the trout, is that
| thc spawning grounds are above the saw
! dust deposits, and that when they come
! down they are old enough and strong
enough 20 withstand its effects.
The motion Of M McGlashan-to post
! pune consideration of the bill and to visit
| TrGckcc-Nas carried.
The Secretary then read jhepropOsed sub
s-ituta Tor Carriers bill concerning The size
of meshc, of .ish-nets, etc, and prescribing
I the disposition OF fines collected.
The substitute was then adopted, and its
/ passage recommended unanimously
! Assembly Bill No. 242 introduced by
| Mr. McGiashauj, providing for the impoSi-
| ton Of q - license per year for each fishing
/ boat worked by three men or less, and - 80
/ FOR each additional man. The money must
! be paid into the State treasury and consti-
| tute q fund to be used by the Fish Commits
sioncrs in prosecuting their duties, and for
! a reasonable compensation for themselves
| 1Ir. McGlashan moved to strike out, at
! the suggestion of the Fish Commissioners,
all those provisions relating to cOmpensa-
| ton for their services Carried.
! Mr. Hazard raised the point that the bill
made no provision for the prosecution and
punishment of persons violating It's pro-
visions. and its further consideration was
/ postponed until such defect could he RENE
| died
Assembly Bill No. sos introduced by
| Mr. Davis, providing a steam launch for
the Use of The Fish Commissioners, and
| approprating $4,000 therefor, was next con-
| sidercd.
\ practical fisherman said that offenders
| could not be- caught by using steamboat.
| Ii requires the use of iiShing-boat to
enable any one TO get among Illicit fisher
| men. aud a steam launch would not an
swcr.
Commissioner Buckingham said he had
noticed that those who oppose anything
the Commissioners want are generally the
ones who violate the law whenever tEey
can. II was only by means of steam
launch that offenders could be oyertaken.
They bad tried all sorts of crafts and found
steam launch necessary.
The bill was recommended FOR passage.
The next bill taken up was Assembly
Bill No. 80 introduced by Mr.. Pyle The
bill Te-cn2cted the present law prescribing
the close seasons for fish and game, but
grants to the Fish Commissioners the
authority to regulate the seasons in differ
emf sections of the State.
Mr.. Watson of FL Dorado moved 70 have
The protective clause include gray Tor tree
squirrels the close season to be from Feb
rtiarv lSt to August LIST. Carried.
Mr.. Hazard questioned whether the
Legislature could delegate TO a commission
a power to district the State greater than
il can itself exercise.
II. II. Briggs said he was satisfied that
such provision would be unconstitutional.
He believed the Constitution did, however,
empower the Legislature 10 pass laws of a
special character when general law would
not answer The State Sportsmens Assoc
citation had. after long consideration Of the
subject decided that some change i'll the
law should be made to apply to the noun
tain sections The fund of information
touching on this point secured by the ASso-
o;at;a,, y,,ss ot tho 1iSDoSi;iOp of the COM