The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-28

mouth of the river. One or two of the bait
fishermen had fairly good success so far as
the capture OF small trout is concerned,
but no large fish were hooked. The river
IS yet too low, and expert anglers contend
that there will not be run of large fish up
Paper-mill Creek until the next freshet.
A few fish were taken at Shellville last
Sunday, but the best reports near at hand
are from Pescadero, where several good
| catches OF steelheads ranging in weight
from half to three pounds have been
| made.
Anglers have not as vet been disturbed
In the State to any extent by clubs of peo-
pie banded together for the purpose OF
leasing fishing waters; but it is safe to say
that in the near future the anglers will
have to defend their rights in the same
manner as the sportsmen are now COM
PEELED to do. Consequently every lover OF
angling should be member of the Sports
mems Protective Association of this City,
the mem bers of which will meet at X. OF
K. B. Hall, Mason and O'Farren streets,
on Tuesday evening next.
Regarding angling the following deci-
sion of Judge Bundy of Madison, Wis, in
famous tish-trespass case of the Willow
River Club against people who persisted
in fishing in the clubs leased waters will
be read with interest by local anglers.
The Judge said:
In my judgment the plaintiffs cannot re-
cover, because fish in their wild state in all the
streams and waters of the State belong to the
State, and are held in trust for the use OF the
people at large. Are plaintiffs entitled to dam,
ages for the defendants entering upon the land
in question? 1t is not claimed that any actual
damages were done, but if the entry was wrong
full as against these plaintiffs, of course they
are Untitled to nominal damages, but in the
view take of this case l must hold that the
! plaintiffs cannot recover at all. The stream in
| question has, during the last ten years, been
| stocked with trout spawn furnished by the
State OF Wisconsin. Some OF this spawn has
| been placed in the river upon the very land
| upon which, it is alleged, the trespass took
place. 1t has been placed there with the plain
| tiff Burkhart's consent. and in some instances
| at least with his active assistance This spawn
| 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
the theory that it is pu bile use TO which it is
| appropriated. 1t would be utterly indie
| feasible for the State to exercise Its taxing
! power to enrich the person who happened to
| own the land upon which stream OF water Is
| running, or to enhance the pleasure OF club
| of gentlemen who are fortunate enough to be
able to acquire riparian rights along the
| banks of the stream for the purpose OF e1-
| Guiding the general public from any partici
patton in the benefits to be derived from such
! expenditure, and l cannot think the State OF
Wisconsin has levied taxes to be expended ioi
any such purpose. / think the use OF thai
river for .propagating trout was pubic use
and should be 80 regarded.
The necessity for careful revision Of all
State fish and game laws is aptly illus
trated by recent decision of Justice Gels
| Ter of Portland, Or, who discharged from
custody fish-dealer of that city who had
been arrested upon the charge of having
mountain trout on sale during the close
season. There was no question about the
| fact that the fish were mountain trout
or that they were bought during the close
season. But the defendant produced an
affidavit by man who swore he caught
the trout in salt water, with hook and line,
and as the Solons who framed the law had
inserted therein the words ''caught from
any fresh water" the Judge discharged the
defendant. To say this state of affairs
created storm of indignation among the
sportsmen of Portland but family ex-
| presses the case, for they see no chance OF
any protection for trout if facts can be SO
perverted that mountain trout take up q
residence in salt water.