The Washington critic., 1890-03-29
FISHES AND FISHERS.
PROTECTION OF EACH IN THE Po-
TOMAC CONSIDERED.

How Are the Fish to he Shielded from
the Fishermen without Iniury to
the Latter?-The Seiners' Petition
to the House Committee.
The House Committee on Merchant
Marine and Fisheries to-day, by sub
committee, considered as special or
der Representative Stahlnecker's bill
for the protection of fish in the Poto-
mac River in the District of Columbia,
and TO provide spawning ground
for shad and herring in said river The
bill provides in its first section, and
after its passage, for period of ten
years, it shall not be lawful to fish with
fykc-net, pound-net, stake.net, weir,
tlohtnet, gill l.net, haul seiue, dip-net
or any other contrivance, stationary or
tioating, in the waters of the Potomac
in this District.
Section two provides that any person
who shall offend against the provisions
Of this act shall DC punished by Gne
of not less than $40 nor more than 800
for each and every such ofTense, and
shall forfeit to the District his nets
boats and all other apparatus
and appliances used in violation of law,
which shall be sold and the proceeds
turned into the Treasury. 1t is further
provided that nothing in the act shall
be construed to prevent angling or fish
ing with the outline, or to prevent the
Fish Commission from taking from
these waters fishes for propagation or
any kind of scientific purposes.
The third section of the act makes 1t
unlawful to allow tar, oil, ammoniacal
liquor or other waste products of gas or
other works to flow into or be deposited
in Rock Creek or the Potomac River,
or any of its tributaries within the Dis
trict, or into any pipe or conduit lead.
ing to the same. The penalty provided
for violation OF this section Is fine of
not less than $40 nor more than 800.
General w. II. +. Lee and Lawyer
Clements appeared for the trap meters
and OILERS, and Mr.. A. L. Grimes for
the seine haulers in the District. The
latter are willing to have the bill passed
provided the words Seine hauling" are
omitted. General Banks, chairman of
The sub. committee, presided.
The hearing was but brief one.
After the committee was called to
order, Fisherman Grimes presented q
petition, signed by a number of his
brother seiners of the fishy tribes, op-
posing the clause preventing the taking
Of fish in that particular way. The
petition told how fish are their
own worst enemies and how the
humanitarian seiners prevented the en-
tire elimination of the finny tribes from
the river. The paradox was explained
INT mic IN Gcl
spawn, other fish appear and eat the
the spawn. BY catching the
fish before they have chance to
eat up the poor spawn the rising fishy
generation is protected, says the
seiners' petition. The committee re-
ceived the petition, and then General
Lee and Lawyer Clements submitted
their brief. Its principal point is the
alleged unconstitutionality of the old
law, which it is proposed to revive.
The brief concludes; 1t is in evidence
before this honorable committee that
the passage Of this proposed prohibi
tory law will take from citizens Of both
the District of Columbia and of Vir
ginia rights and privileges that they
and those before them have enjoyed
for q century past, to wit, the
right of fishing in the waters
Of the Potomac River opposit,
their lands. It's also in evidence tha
private property will be rendered value
less by the provisions Of this BILL such
as fishing shores, ETC., without du,
process Of law, and without just com
pensation, contrary to Article V of thc
amendments 10 the Constitution Of thu
United States, which declared that: M
person shall be = " - deprived o
life, liberty or property, without du,
process of law, nor shall private prop
erty be taken for public use withou
Just compensation.
1t is respectfully submitted that th
provisions of the proposed Bill are con
trary to existing law and repugnant t,
the Constitution Of the United States
and should not pass.
There was some further talk abou
damages sustained by Virginia fisher
men, and then the hearing adjourned
The matter is left in the hands Of tn
subcommittee.