The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-08-30
A Strong Fight to Be Made
Against the Chinese
Vandals.
An Able Opinion From Judge
Mcguire to the FiSherm ms
Alliance.
Joe Catania Will Invoke the Power
and Aid of the Fish Com
missioners.

The fishermen OF this City and vicinity
are again com plaining of the destruction
of small fish by the Chinese who are en-
gagged in the pursuit of chasing the fnny
tribe for the market.
1t is an old com plant, which is revived
about every Two years. and then the
deputies of the Fish Comm issioners for
several consecutive days food the Police
Courts with Chinese accused of violating
the law, together with baskets of bad
| smelling fish as evidence" which of
course smells worse after each continu-
ance of the case, until the Judges almost
threaten TO throw up their jobs or refuse
| to admit the odorous evidence, without
which conviction is impossible.
| By visit TO the fishing camps around
the bay one will discover IONS of small
| dried fish and shrimps already packed and
prepared for shipment to China. They
| dare not place them on the local market
for lear nf prosecu ion, but the State
deputies are paid for looking after just
such work.
Failure of conviction has happened in a
vast mum Der of cases recently, SIMPLY be-
cause the deputy was not sufficiently
| learned in piscatorial science to swear to
the age of the little fishes which they
brought in as evidence.
1t is averred by those IN the business
| that, although there is no law against
catching shrimps, they cannot be caught
without a violation Of the law. The rea-
| son is that the nets used take in as many
I if not u ore small fish than shrimps.
Among other abuses is ire V o!ation OF
| the Jaw concerning sturgeon Ii hing.
! As an agent of the Flshermen's Alliance
| Joseph Catania OF the California Market
| consulted Hon. James G. Mcguire con-
| corning the latter matter
| The subject was deemed OF such imrort-
| ance by the Congress man that he an
| swered at length, as follows:
Joseph Catania Esq, Agent Ftshermens AN
ance-DEAR SIR: Permit me 10 say reply TO
your ques tiou which You have submitted TO
me on behalf OF the fishermen whom you rep
| resent namely: will it be lawful he: eater
| to fish for sturgeon in the waters of California
| with the old style ofsturgeon lines containing
| baited hooks lying at the bottom OF the bay
| or channel and which cannot possibly in
] jure any b except such may lake he
| bait and thus be caught In the ordinary man
| ner by the hook. In view of the provisions of
1 the act OF 1895, statutes of 1895. page 263:
| Every person who shall cast, extend, set, use
| or continue 10 have in his possession, or who
| snail assist in the casting extending, using
| continuing "Chinese sturgeon lines" or lines
/ OF the same character is guilty OF a misde-
1 meanor.'
| The Chinese sturgeon line, as you explain IT,
| is line set at considerabe distance above
the bottom of the water in which it is placed,
| containing Undated hooks, arp-pointed
but without barbs, and intended to catch such
| large fish may attempt to pass under the
| line, not IN the usual or ordinary way, in the
mouth or gills, but by penetrating any part OF
| the body of the fish which may come in con-
| tact with the hook.
These methods OF fishing are widely differ
ent, and the statute expressly confines its
in HI bltion TO the use OF Chinese sturgeon lines
or lines of the same character it is not in
tended to interfere with the old style of Stur-
geon lines in fishing for sturgeon The object
nj no a 10 o nndn nh tad-
| ly to prevent the indiscrimInate killing and
| mutilh tion of fish by The use of the Chinese
lines and not at all TO interfere with the old
hod of ca ching sturgeon in such manner
| that no fish can be injured except such as,
| seeking the bottom OF the bay or channel,
| take the bait, and that no fish is likely to be
injured or mutllated in any way eXcep such
| as is finally caught
| 1t IN thermore appears that the old method
| is not likely to catch any fish except stur-
| geon or those that procure food by suction
| from the bottom of the bay or channel while
OF all kinds and sizes, and is likely TO mutilate
| a far greater number OF fish than will be
caught by that me thod.
| In view of these broad distinctions between
| the Chinese sturgeon lines, the use of which
| is expressly prohibited, and the old style of
| line, and in view OF the carefully restricted
language of the statute, l am satisfied that it
is not unlawful to fish for sturgeon with the
old sty e of lines containing baited hooks
lying at the bottom of the bay channel, and
likely to 1nJure only such fish as seek the
bait and are caught by the hook, no matter
how many hooks may be caught on single
line.
This appears TO be the only reasonable con-
stru ction OF the statute, ana accords with the
general rules of construction applied by all
court to penal statutes. Yours respectfully,
JAMES G. MAGUIRE
Mr.. Catania is a leading fish dealer and
few years ago was G deputy Fish Com
missioner. In three months he made
convictions of Chinese fishermen for
illegal fishing that put $4,000 in the City
treasury. He convicted large number
of white dealers also Tor he same offense
which caused general fight against him.
Now he declares that he and his asso-
ciates who do not violate the law will
vigorously clamor for protection by the
successful prosecution of those who are
needlessly destroying thousands OF fish
tally in our waters.
He expects to force several arrests in a
few days, and he has no doubt that
| the Commits ,ioners will give him willing
hand.