The record-union., 1894-05-03
THEY MUST RESPECT THE LAW.
Fishermen Who Were Engaged in an
Illegal Practice.
Using a Net of Smaller Mesh Than is
AlIowed-They We're Fined
500 Apiece.

The sooner the men engaged in fishing
along the Sacramento River and in the
bays realize that they are subject TO the
laws of this State, and make up their
minds to abide by the same, the better it
will be for them.
This fact was rather forcibly impressed
on two men in Judge Catlin's court yes
terday, who were fined 500 each for
using nets of illegal size in the river be-
tween this city and !'reeport.
The men were Antoine Machado and
Henry Rogers. They were surprised in
their illegal work by Patrolmen A. w.
Wilson and w. r. Mcfarland. acting un-
der the direction of the State Board of Fish
Commissioners. The deputies have been
out on a cruise for the past month collect
ing fishing-boat licenses and seeing that
the laws governing fishing are respected.
Yesterday, while cruising along the
river in their gasoline launch, they came
upon Rogers and Machado fishing about
seven miles south of the city. Without
waiting to be interviewed by the officers
the fishermen pulled rapidly for the
shore. leaped from their boat and took TO
the brush, whittier the officers pursued
and captured them.
In the boat were quite number of sal
mon and shad that were smaller than the
law allows to be taken, also a new net,
the mesh of which measured but seven
inches, whereas the law requires that no
net shall be used with a mesh less than
seven and one-half inches when drawn
closely together.
These facts explained why the men
abandoned their outfit and fled to the
brush as soon as the patrolmen's launch
came in sight.
The prisoners were brought to this city
and taken before Justice Henry for trial.
District Attorney Ryan prosecuted the
case, and Senator l.. Z. Hart made hard
uphill fight to save the fishermen from
the consequences of their crime, but
without success.
Both men testified that they did not
follow fishing as a regular occupation,
being engaged in gardening. They
sought to escape from the officers in
order to avoid paying a license, and also
made the surprising statement that origi-
nalfy the net had a seven -and-a-h half
inch mesh, but that it had shrunk by the
action of the water.
It did not seem to occur to them that
the law prescribes only the size of NE
that is to be used in tishing-not that ~
net hanging on the drying-rack.
After the men had been declared guilty
Attorney Hart moved for a stay of judg-
ment and new trial, on the ground that
the defendants had not been asked ii they
waived trial by jury. He also claimed
that the complaint was defective in that
it did not follow the exact wording of the
Penal Code.
Justice Henry said he was of the opin-
ion that he did ask if jury would be
waived. At all events the waiver was
understood and the trial had been con-
Quoted with that understanding. He
therefore denied the motion. The law
and the evidence were plainly against the
profession of innocence. AS the defend
ants had not before given the river patrol
men any trouble, he would make their
fines as low as the law permitted, which
was SI00 in each case.
Rogers and Machado were then fined
that sum each, in default of the payment
of which they would be confined in the
County Jail at the rate ofone day for each
dollar of The fine.
The defendants went out and dug up"
the money and returned to their homes
down the river, sadder but wiser men,
and doubtless with more wholesome
fear Of Gfnot respect for the law.
MIR. Hart intimated that the case would
be appealed on the points made in his
motion for stay of Judgment.