St. Paul daily globe., 1895-11-29
WILLOW RIVER FISH.
Some History About the Club
The Decision in Detail.


The Willow River club, whose sup
posed rights were curtailed by a Hud-
son decision as published ia the tele-
graphic columns of the G l o b yester-
day, contains both st. Paul and Hud-
son anglers as members, was incorpo-
rated little over a year ago and has
the following officers: George c.
Squires, president; James Skinner, vice
president; F. o. Crary, of Hudson, sec
retarry, and H. T. Drake, treasurer. A
directorate of nine is made up mostly
of st. Paul gentlemen.
The club purchased some 7C0 acres of
land on both sides of Willow river, all
within distance of 31a miles from Will
low River falls, and although the meet
lngS of the club are held in this city a
very complete club house has been
built on the river some two miles from
Hudson.
1t is claimed that the club did not in
vest its money in the property without
being aware of the rights it possessed
in the premises, for it was stated by
one of the officers last night that the
Hudson suit was but test case to try
the conStitutionality of the state law
passed by recent legislature which
said in substance that the fish in the
stream belonged to the people of the
state. The matter will be taken to the
Wisconsin supreme court, and will
probably come up for hearing at the
January term.
Stated briefly, 1t seems to be a uueS-
ton whether or not other people have
a right to fish in streams running
through land owned by people who wish
to have the fish themselves.
Judge Bundy's decision, according to
more complete telegraphic detail, holds
that fish in their wild state, in all
streams and waters of Wisconsin, be-
loEg to the state and are held in trust
for the use of the people at large. Fish
in the state may be caught by any per-
SON at any place where he has a right
to be- If he is passing along a high
way upon land or upon navigable
waters over which he has a right to
pass he has a right as an incident, to
travel and shoot game or angle for
fish at any point along such highway.
He has a right to pass along nav
igable river in a boat and a right to
angle for fish while so doing Nor
would right CT action hold against him
if he tied his boat into the bed of the
stream or stepped out of his boat and
fished in the bed of the stream. If a
person gees in a place where he has
no right to go, of course, he is liable,
as a trespasser, but the measure Of
damages is not the value of any fish
caught, but whatever injury he does
to the land or the possession of the
land owner.
Willow river was stocked with trout
by the state on the land where the al
legged trespass took place. The spawn
was furnished by the state, was paid
for by the taxes of the whole people,
collected from the rich and poor alike,
and the expenditure of money thus
raised can only be justified upon the
theory that it is a public use to which
it is appropriated.
When the plaintiff Burkhardt con-
sented that it should be used for such.
he should be held to have dedicated
what fishing rights he had along the
shores of the river and on the adjacent
lands to the public.
The findings hold in conclusion that
neither of the plaintiffs had a. right
to bring the suit, as the land was in
the possession of third party as
lessee when the action was brought,
and therefore plaintiffs had no right
of trespass. This was one of the con-
tentions of defendants, who claimed
to have had no notice from the actual
proprietors.
The case has been tried exhaustively
by Messrs. Baker and Helms, who ap-
peared for the Willow River club, and
it is safe to say all the fishing law
extant has been threshed over during
the trial. The thirteen defendants, in
Guiding Messrs. ]. w. Bashford and
]. A. Frear, their counsel, are happy
over the result, which, if sustained by
the supreme court, will establish a
precedent against monopolies, even
though formed in the interest of sports
men.
The Willow River club has expended
several thousand dollars in improving
it's buildings and the river and has a
valuable property even in view of the
decision. which oblfges them to share
with the public.
Have YOU seen the Photographs