Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-05-01
PUBLIC OFFENDERS.
Who are Most to Blame-t iolators of the
Laws or Derelict Officials?

Laws or Dereiict Officials
A few days ago the RECORD UNION pub
lished a statement that fish were kept
from ascending the South Fork of the
American river TO the spawning grounds
in FL Dorado county by dam maintained
in the stream by the Natoma Water and
Mining Company. The people of very
large section of the State are thereby de-
prived of their natural supply of food fish
Since surface mining in that region has al
most entirely ceased, hydraulic mining be-
come thing of the past and the water in
the stream clear, there is no reason why
the American should not TEEN with salmon
TO its headquarters, providing the OBJ
structions complained of are removed. or
the law relative to fshways and fish-lad-
ders complied with.
The following correspondence shows how
the laws are disregarded, apd public Of
ficials derelict in duty in other counties OF
the State besides Ell Dorado county:
CRANBERRY MINING COMPANY.
Wards Ferry, Main MERGED River, near
Hite's Cove, Mariposa county, March g. 1886
TO the Honorable Fish Commission, State Of can
V0rHiG-DEAR SIRs: | would respectfully call
you attention to the following facts relative to
the non-appearance of salmon in the MERGED
and comprising several hundred miles of the
best breeding or spawning grounds on this coast
1t is now some fifteen or twenty years since
salmon were III these waters Prior to that
time the fish were quite prolific and supplied
food to the inhabitants of an extended mount
ain range, including the Yosemite Valley Fish
Camp, above the Big Tree station, etc, and
there IS no Just cause why the citizens of this
extensive country should not again enjoy the
fish food that we are rightfully entitled to. The
causes that debarus are as follows:
l15r9f Flaa.f r.afg
the Crown Lead Mine and Milling Company
situated en- the MERGED river about one-halt
mile below Split Rock Ferry, and 7 believe
owned in San Francisco, but mines not worked
for many years, ladders were placed at said
dam, but were so constructed as to entirely
evade the law. Up to this point on the river
| the run OF salmon Is great but are there
stopped. However occasionally, a strong fish
is enabled to jump the ladders, but only to be
caught in sluice which has q rack. or grizzlies
above and below. The salmon being thu.
trapped, is then killed with clubs in the hands
OF parties placed there, as understand, 20 pro
tect the fish. Consequently no salmon ever gets
above that point.
.Second-In addition to the lower dam there is
also the Benton Mills dam, situated two miles
further up the river where there are also lad
ders placed, and where even if the fish got that
far it would be simply impossible for them to
get over. The distance from those dams up
TO the North Fork of the MERGED river is some
eight miles, and twenty miles further ND the
South Fork makes connection and its head is
over iilty miles further up in the mountains
From these forks the distance to the Yosenn tic
valley is over twenty miles Between all these
points there are numerous canyons through
which empty many streams in fact, small
rivers that head far up in the mountains. The
Wnole com blned make q most extended fish
breeding section.
Year after year, time after time. the county
ohelals have been requested TO take active
measures III this matter, but for rea.
sons known to themselves only, no steps have
been taken for the remedy of this great wrong
Trusting you viii deem the case of sufficient
importance to warrant looking into, am. deal
sirs. yours respectfully, II. H. TODD.
In reply to the above Secretary Dibble
wrote as follows
GRASS VALLEY, March %, 1856.
H. II. Todd, Esq.-DEAR SIR Your favor OF
March 9Th at hand 1t is surprising that your
county officials would permit and your citizens
submit, to the grievous and unlawful wrongs
mentioned in your letter. No person or party
has the right TO obstruct the streams in the
State, and thereby prevent the fee passage and
habltation of food fish therein. State law sub
ordlnates the right Of landowners and other OBJ
structionists to the rights common of pscary.
IN securing by legislative engctmeuts the
free passage and protection of fish These
enactments were made in order that fishing and
Its FOOD in its profits and values could be freely
enjoyed. MERGED river is as much covered bv
the protection OF the law, rs is The Sacramento,
Feather and other rivers or the bays of the
State.
In order to protect fishing rights and to secure
and increase the fish supply, the manner and
seasons for the taking of fish is regula ed BY
law, and violations are made offenses The
placing of deleterious pOisons or explosive sub
stances in the waters Of the state, for the pur-
pose OF taking or destroying fish, is made a
crime. The failing to construct and keep in re-
pair latter notice so to do) sufficient fish ways or
ladders in dams, or distractions, is made a mis-
derneanor. Section 637, Penal Code Subdi-
vision E of Section 6f2, Penal Code makes il
the duty Of the Fish Commissioners to fur
nish plans for and direct and compel the coli
structi0n and repair of fish ladders and ways
upon dams and distinctions" In order to carry
out the provisions OF the law, the aid of the
District Attorney must be invoked, = 70 institute
proceedings" for the arrest Of persons charged
with violations. In this respect his duty is de
clared in Subdivision OF Section 1850 OF the
Political Code
For ready reference, forwarded to you yes
terday pocket edition of the fish and game
laws of California. To-day ] send you copies of
" Plan and Elevation of Fishways." Fill
blanks and cause service to be made upon own
ers. In the event the owners fail to comply
with the notice and law, your District Attorney
viii without doubt compel compliance If de-
sired, and the name of reliable person be srIg-
gested. the Fish Commission win appoint for
your district Deputy Fish Commissioner AS
to his duties and powers, see Subdivision !. Sec
ton 6i2. Penal Code.
Our Commission will aid your citizens and
officers in compelling obedience TO the Law, and
in bringing offenders 10 punishment. Yours
truly, A. r. DIBBIE
Commissioner and Secretary