Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1906-05-16
wnAr ARE "sEr LINES?
Doubt as TO Proper Interpretation
of Game Law as to Fishing.


of Game Law as TO Fishing.
A complaint from Green Lake sent
Game wardsns Dyer, of Franklin, and
Thompson, Of Eden, up there last week to
investigate the charges thst the law was
being violated by the use Of set lines from
the Mann brook bridge.
Mann brook il closed to fishing. A, the
opening OF the lake in the spring, the
salmon follow the smelts up this brook,
and thcra is good fishing from the bridge.
The bridge IS this dividing line between
the brook and he lake. The law permits
fishing from the lower side Of the bridge,
but net from the upper side.
1t has been the practice OF men having
business about Green Lake, as also OF
others who go there especially for the
fishing, to put several lines from the
bridge and tend them.
The law forbids fishing with "set lincs',
bat the section of the game laws in which
this is forbidden is somewhat obscure, and
admits Of varying interpretations. II is
as follows;
Chan. 81 sec. = ..whocyer fishes for
taxes. CMANN&ss HAAa8 CT AtfNffeF any NtAs WIN
fish spawn or grapuel, spear, trawl. weir' seine,
trap, or set lines, except when hshing through
the ice. and then with not more than ave set
lines in the day time. or with any device, OF
to any other way than b. the ordinary mode
Of angling with single batted hooks aud lines
artificial flies. artificial minn0ws. artificial in
sects, spoon hooks and spiuuers. so called.
shall be fined not less than ten nor more than
thirty dollars for each ofieEsc; and when such
prohibited implements or devices are found
in use or possession, they are forfeit and
coutrahand, aud any person ending them in
use, may destroy them"
The phrase, with single baited hooks
and lines" allows the inference that more
than one line may be used by fisherman,
and II follows that " lille he Is ''iishing"
set. Just where to draw the line between
a line thus set and ssset line" as prohib-
tied by the law, is in doubt.
The part of the section which refers to
ice fishing, refers to the five lines allowed
as 'set lines, though the fisherman may
be on the spot and tend them. II the lines
thus set through the ice and tended are
.'set lines' within the meaning OF the
law, 1t would seem that lines thussct and
tended i'm open water fishing should also
be considered as set lines, though the in
terpretation of the Law as above would
imply that at least one such line could be
used.
The law, however, distinctly furbids the
setting Of lines over night, and 1t was to
investigate charge that this was being
done at Mann brook bridge that the game
wsrdens went to Green Lake. Their inves-
tigation resulted in the arrest of Michael
Quinn, OF Bangor. Witnesses were found
who said Mr.. Quinn had set two lines below
the bridge, and left them there all night,
while he had gone TO Bangor. The lines
were there at night, said these witnesses,
and were still there at o'clock the next
morning.
At the hearing in the Ellsworth munich
pal court Monday, these important wit
nesses, who were the informants in the
case, failed to put in an appearance, and
Mr.. Quinn WAS discharged because of in
sufficient evidence. On his own behalf he
testified that the lines were his, but before
he left for Bangor he had taken of the
bait, and drawn the lines in on the float
from which they were set. He had also
told a friend at Green Lake that il he
wished to use the lines he could do so, and
when he found the lines set the next day,
he supposed this friend had set them,
until he learned otherwise, He did not
know who set them.
l.. f. Giles appeared for the State, and
A. w. King for respondent.