The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1890-06-26
OUR FISH.
THEY SHOULD NOT BE RUTHLESsLY
KILLED AND WASTED CONTRARY
TO LAW.
Some Very Pertinent Observations TO,
Fishers and Our Law Officers.
AUSTIN, June IA, 1890.

AUSTIN, June Ia, 1890.
Editor AUSTIN STATESMAN:
Articles 423 and 424 of the criminal
code OF Texas as amended by the act
of March 10, 1881, is as follows
Article 423. No person shall throw,
drag or haul any fish net, seine or
other continuance for the purpose of
catching fish, except the ordinary
pole, line and hook or trot line, in
any stream, lake or pool of water
within the State, not his own between
the first day of February and the first
day of July of each year, and at no
time OF the year in such waters shall
anyone be permitted to drag or haul
any fish net or seine with meshes less
than two and half inches square,
and anyone violating the provisions
of this article shall, upon conviction,
be fined in sum of not less than
SIS nor more than $50.
Article 424. For the purpose OF
thoroughly protecting the fish now
being propsgated in our brooks tanks,
ponds, lakes, creeks, rivulets and
rivers not private and in
dividual property, no person
shall be permitted to set, place or use
any fixed net, trap or other contriv-
ances for trapping fish in said waters;
and any one violating the provisions
of this article shall be deemed guilty
of misdemeanor, and, upon convic-
ton thereof before any justice of the
peace or other court of competent
jurisdiction, he shall be fined in sum
of not less than fifteen dollars nor less
than seventy-fve dollars, together with
all costs in the case according, which
fine shall go to the common school
fund; and each day that any fixed net,
trap, or continuance for trapping fish,
as contemplated by this article, shall
remain set or placed, shall constitute
separate offense under this articles
provided, that nothing in this bill shall
be construed as to prohibit the fish
commissioner of this State from TAX
ing any and all fish at any time and
by any means for breeding and scien-
tifc purposes, and for stocking other
waters.
At the time these articles were en-
acted, Texas was doing all it could to
improve the fish in our Texas streams.
We had fish commissioner at fixed
salary and spent considerable money
in bringing the best quality of fish from
the Northern and Eastern waters, and
placing them in the Colorado for
breeding purposes. The fish that were
then placed here in the Colorado have
increased so rapidly in numbers that
we have great many as fine fish as
the country can produce, and if they
are not molested as the above article,
423 contemplates they shall not be,
between the LIST of February and the
LIST Of July, of each year, we will soon
( have as fine fish as can be found in
any stream in the United States. Ny
information is that many persons are
engaged now, and have been all the
spring, in catching the fish from the
Colorado, above the city, by means of
nets and other contrivances, in direct
violation of the above law. 1t should
be stopped, and the guilty parties
prosecuted. This is a good law, and
every one will admit that such law
is necessary to protect the fish during
the breeding season at least. But Art.
424 is OF much broader scope than
Art. 423, and it is to protect the fish,
not only during the breeding season,
but during the whole year, from waste
or destruction, for it absolutely pro-
hibits any person during any part of
the year from catching fish by means
of nets and traps. Its language is
"No person shall be permitted to set,
place or use any fixed net, trap or
other contrivances for trapping fish,"
l understand that thousands of fish |
are now being caught weekly if not |
daily in the river above and below the |
city, by means of nets and traps and |
that many of the fish 80 caught are |
too small for use and hence are left |
on the river bank as feed for buzzards.
| have no more interest in this ques-
ZION of protecting the fish than any
other citizen, but do think that
some steps ought to be taken to en-.
force these laws enacted for the pro-
lection of the fish. Can't you, Mr..
Editor, bring this question before the
public in such way that the guilty
parties will either have 10 de-
sist from violating these fish
laws or come before the
courts and answer the full penalty of
the law for their violation? Would
it not be well for some of our officers,
whose duty it is to see that the laws
are enforced, and who are now candi-
dates for reelection, to devote a few
of their spare moments to investigat-
ing this matter? 1t is a matter OF
sufficient Importance to demand their
time and attention. An officer can
not use his time better than to dis
charge duty incumbent upon him
by virtue of his official position. The
people always admire faithful and
fearless officer who will discharge his
duty when he ascertains what it is,
regardless of results. Such an officer
can be reelected without any effort on
his mart The neonle DELIGHT IN honor