The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1907-01-15

ordinarily require great deal of mon.
ey. Therefore the legislature hit upon
the plan Of making the law practical
" selfsapporting. BY providing that
the officers who detect the violations
should be paia out OF the fines col.
lected from the yiolators 1t has been
held lately by one or more Of the cir.
cult courts that a shipment Of game
beyond the States limits constitutes
one offense and is punishable by one
fine only. no matter how many pieces
of game a shipment consists. II there
was not quail. or one hundred quail in
a shipment. and there was only one
shipment there was only one offense.
and only one fine, 1t was supposed by,
the Game and Fish Warden depart.
ment that each piece Of game consti.
tuted shipment and involved a fine.
Within the last year or so one or more
of our circuits courts. have held that
the game and fish law act Is uncon.
stitutional in that all the fines result
ing from the prosecution by the depu-
ties should go to them. II under
stand correctly the holding of these
circuit courts, It was that a part of
the fines could be paid to the deputy.
but not all, and this is held to be the
law under the clause Of the Constitu.
tion contained in section of article
10, which reads: "The Legislature
shall provide for the support Of free
schools by appropriating thereto the
net proceeds of all forfeitures and
fines accruing to the State under the
laws thereof" 1t was supposed that
when the law provided that the fines
should go to some officer for the en-,
forcement of the law, that the fnes
did not "accru to the State under the
laws thereof" Since these decisions
it being uncertain whether the depu.
ty warden would receive compensa.
ton 1t has been difficult to get men
to act as such officers, or else in q
very half.hearted way. thus bringing
about the conditions that existed be.
fore the act of 1901, which created the
office of deputy game and fish war
den and made material amendments
to the game laws. This State has
hundreds of miles of waters, which
for the propagation of fish are unex-
celled by any of the Middle or East
ern States. These streams have in
the last few years been plentifuliy
stocked with fish from the United
States Fish Commission. In the year
1905 there were planted in these wat.
ers over 100000 shad, brook trout,
bass, and other fish. A proper protec-
ton of this flsh.life would provide
food for thousands. besides exercise
and recreation toEthe fisherman; but
the purity of these streams and this
fish-tife are. being destroyed by the
pollution of the waters by the refuse
OF tanneries. puip.miiis, iumber-piants
and the like, and not only is this pol.
luton detrimental to all aquatic life,
but there has been very great com.
plant about the pollution OF these
streams. SO that they were unfit, or
SO ut times at least. for domestic use,
and the riparian rights OF the land.
owners greatly infringed upon. The
law now provides that 1t shall be un.
lawful to throw in. or allow to enter,
any stream or water course in this
State, sawdust or other matter detri.
mental to the propagation Of fish,
This law should be more comprehen.
sive and, framed in such way as to
prevent the pollution Of the streams
by refuse matter from these tanner.
les and the like, or from any other
source. The present law requires It
to be shown that the foreign matter,
except sawdust, thrown in or allowed
to enter is In such quantities or Of
such kinds as to be deleterious to the
propagation of fish. This is found,
difficult and expensive to do. 1t will
pay us well to protect our fish and
game, as 1t has paid in other States,
.
such as Maine, Michigan and Illinois.
In these States there is of course en-.
forcement Of the law, and game Is on
the increase: AS stated above, many
complaints have come to me and 9th.
err officers of the State, concerning
the pollution of streams by the tan.
neries and pulp.milis. AS in most 9th.
er cases. I found had little authority
or means to enforce the law, and no.
'ivery much law. I have had on more
} than one occasion conferences with
the representatives Of the tanneries
and pulp-milles, who seemed to have
some fear that the State was going to
do something that would injure their
business. On their inquiry of me con.
corning that matter, Uniformed them
at.l