Clarke courier. [volume] (Berryville, Va.) 1869-1997, 1908-02-12
Law Requires Fish Ladders.
University OF Virginia,
February z, 1908.
EDITOR COURIER:

III you VIII kindly premit mo TO use !
the columns Of your valued paper, 7 |
should like to express my humble opinion |
upon an article which read in your last |
issue.
The article which | refer to, was be- |
lieve communication from THE Spirit |
OF Jefferson" and which you very wisely /
copied for the benefit of your readers. |
The article is headed by the alarming |
words, NO Fishway at Millvine"
Such statement of fact is one well
ca culated TO arouse the apprehension !
and thoughtful consideration of every
good citizen
Now do not propose, In this commu-
ication nor would I consider myself
competent 10 criticise the gentlemen who
drew up the contract for the construction
of the dam al 3Iillvi.le But shall con.
fine myself to the laws as laid down i'm
the code OF Virginia and West Virginia
respectively, relative TO the subjec, of
tshways. and if | am 50 fortunate as TO
succeed in arousing the interest of the
citizens of Clarke and more especially
Jefferson County, will feel tha, nv
labor has not been in vain
Upon Inquiry last summer | was led
to believe that the dam had been equip
pei With regulation fish ladders nd
therefore the information that no such
ladders had byen installed came as "A
great surprise TO me
As an ardent discipls Of Sir Isaac
Walton feel il my duty not only for
myself but also for the other sportsmen
who enjoy the good fishing which the
Shenandoah River affords, To address
this plea 10 The public. in order that
something may be done TO compel the
corporation who constructed the dam a,
Millville TO put in AZ once suitable fish
ladders before The last fish above this
insurmouniabie barrier has passed over
/ its walls, and the royal sport OF angling
will have become a forgotten art. in that
part Of the Shenandoah above the dam
whose clear and placid waters. have been
famous for years as the home of tie
black bass.
As a citizen Of Clarke county which is
SO closely associated with Jefferson
county, | feel that II Is a subject upon
which one who has hsd the good of the
community at heart is privileged to cx-
press his opin on, and while there may
be wisdom in silence, think (if YOU will
pardon the trite Latin msNim), that this
Is case pro bono publico, aud as such
Is worthy Of the careful attention Of the
leading citizens Of our community.
And permit me to say at this point
that am in favor Of enforcing more
rigidly the fish and game laws which
our State provides, and which l believe
can only be accomplished by the CO.
operation Of all enthusiastic and inter
ested sportsmen, and by the appointment
of competent game warden.
And as l said not knowing the facts
of the case do not feel capable OF criti-
cising any of the parties concerned in
the contract for the erection Of the dam,
but permit me TO say that l think il was
a very grievOus error If no clause was
inserted in the contract for the installa-
tion of iishways. And If such a clause
was inserted the failure TO comply with
II was gross breach of contract by the
company who erected the dam, and for
which an action for damages or per.
formance undoubtedly should lie Nor
/ do feel competent as yet TO enter into
learned and lengthy argument upon
the principles and technicalities of the
law as regards the installation and
maintenance of fishways in all dams
constructed in Virginia and West Vir-
ginia.
And though the dam is situated in
West Virginia l have not thought il
amiss to quote from the Virginia code
for 1904 which will serve 10 remind the
public of the law as regards the building
of such fishwsys.
Virginia code 1904 Sec 2lO5.
Dams, Etc
To be provided with Mcdonald Fish
way" ANY person or corporation
owning or having control of any dam OF
other obstruction in any of the rivers of
this state above tidewater, which NAV
interfere with the free passage of fish
shall provide every such dam or other
obstruction with suitable fish ladder SO
that fish may have free passage up and
down said rivers during the months OF
March, April, May and June of each
year, and maintain and keep the same
in good repair, and restore it in case OF
destruction"
Sec. 2106. Penalty for failure.
Any person or corporation failing tc
comply with the provisions of the pre-
ceeding section shall be fined five dol
lars for each days failure; and the county
or corporation court, after reasonabl,
notice, by rule or otherwise, to the
parties interested and upon satisfactory
proof of the failure, shall cause the fish
} way TO be constructed, OF put in gooC
repair, as the case may be at the expens,
of the owner of the dam or other oh
struction."
Sec. 2107. Inspection of Dams anC
Rivers by Supervisors and Councilmen
"The Supervisors of each county an,
the Councilmen of each city or t0wI
shall make personal inspection o
dams and rivers in their respectiv,