Semi=weekly graphic., 1898-02-02
NO FISH LAW
IN JEFFERSON COUNTY AGAINST SHINING OR TRAPPING
 FISH.
Construction of an Act of the Lagis lature of Great Importance
 to Fishing Interests.

The arrest of four negroes and one white fishermen recently for fishing in the Arkansas river with nets has called attention to law on our statute books which may rob all fish in Jefferson county of the protec- tion of the law.
 Section 3421 of Sandels 6 Hills Digest reads as follows:
 Sec. 342I-No person shall be allowed to place, erect or cause to be placed or erected, or maintained, in any of the waters of this State, or in front of the mouth of any stream, slough or bayou, any seine, net, gill-net, trammel net set-net, bag weir, bush-drag, any fsh-trap or dam, or any other device or obstruction, or any such means to take or catch any fish in any of the waters of this State. Provided, the prohibitions of this see- tions shall not apply to waters wholly on the premises belonging to such person or persons using such device or devices; and, provided further, it may be lawful to use a1very small seine, not to exceed fifteen feet, for catching very small fish. usually minnows which may be thus caught to be used for bait, or for stocking other waters with fish, but for no other purpose. Provided further, it shall not be unlawful for any person or persons to use seine not exceeding sixty feet in length in any unnavigable stream Or lake in this state to catch fish for family use, or for pie mics, and not for sale; nor shall it be unlaw- ful for any person or persons to place traps in the unnavigabIe streams of this State pro- vided such traps do not obstruct the free passage of fish in ascending and descending such streams.
 Two of the fishermen plead guilty to violating the game law and under this statute were sent to the county farm.
 Messrs, Austin & Taylor have ap- peared for the men and asked writ of habeas corpus, claiming that the last legislature by amending that section repealed allf shing laws as to Jefferson county. The amend ment repeated the above section and added two further provisions, which read as follows
 Provided further, It shall be unlawful for any person or persons to use seine with meshes not less than four inches square, and any person using seine with meshes less than four inches in width, shall be guilty of a misdemeanor, and upon conviction shall be fined in any sum not less than twenty five dollars nor more than fifty dollars, and such nets are hereby declared nuisance, and no person shall be liable for damages to the owner or owners of said nets. for destroying the same. and it is hereby made the duty of all sheriffs. constables and peace officers to destroy all such nets unlawfully used, upon receiving information of their use under penalty to So do of a fine of not less than twenty-five nor more than fifty dollars.
 Provided further. That the provisions of this act shall not apply to the following ed counties: Miller, Lafayette, Stone, John son, Jefferson, Lee. Faulkner and Phillips.
 A general repeating clause then follows in these words
 That all laws aud parts of laws in conflict herewith are hereby repealed and this act take effect and be In force from and after it's passage.
 The habeas corpus case has been argued before Chancellor Robinson and he will have do decide whether the repeating clause of the amend ment repeals section 342l as to Jef- ferson county.
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