Evening journal., 1922-04-25

nets, traps, seineS, fykes ana other
device for fishing in waters where
the lunar tide ebbs and flows and In
the Chesapeake and Delaware Canal.
as see Paragraph 2529. Sec. fT2. Re-
vised Code Laws Of Delaware.
H. therefore. petition the Secre-
tary OF War TO modify the said reg
ulations by striking out Paragraph
9 thereof. to the end that the use
OF traps and nets by fishermen may
be permitted as heretofore in the
waters of the Chesapeake and Della
ware Canal"
Harry c. Nickle, another fisher
man. said in part:
Il have fished with nve-inch mesh
nets in the waters OF the Chesapeake
and Delaware Canal. the feeders and
drain bitches. adjacent thereto, for
about thirty years. and almost con-
tinuously between the months OF Oo-
tober and April in each year. until
the time OF tho order OF the War De-
partment OF December 23. 1921. pro-
hibiting the use OF nets in said canal
After the order Of December %,
1921, 1 undertook to fsh In the wa
ters adjacent to the canal known as
feeders. but which waters are en-
urely outside OF the canal banks
and more particularly IN the feeders
along the canal, opposite TO Lore
wood Park. between St Georges and
Chesapeake City. However. was
ordered by Nathaniel Smith, the u.
5. deputy marshal. who now patrols
the waters to see that fishing is not
carried on. to discontinue fishing in
these feeders. he stating to my help
er. Zach Stewart. that he was in
structed by Colonel Brown to arrest
every person. who fshed either in
the canal or any waters adjacent
thereto. that flowed into or were
feeders for II. I have, therefore, had
10 discontinue fishing In these feed
ers. although they represent very
considerable body OF water and are
good grounds for fishing for carp and
mud shad. and although they are
removed by the banks OF the canal
from the canal itself. fishing Is pro
hibited In these waters. AS to a large
portion OF the land. which is over
flowed and which Is outside OF the
canal. and known as feeders for the
canal. 10 the best OF my knowledge is
property of landowners other than
the government or this property,
about twenty-five acres that is under
water Is assessed for county taxes in
New Castle county, to Edward Lis
ter's estate. and about forty acres
to the Kelley estate. and both es-
tates pay taxes on tho property in
New Castle county, and, although
such waters are. as I am informed
and believe. not the property or
owned by the government OF the
United States. yet tho U. 8. deputy
marshal prohibits fishing In the
same. alleging his authority TO be
under Par. 10 OF the Regulations OF
December 23, 1921"
William J. wingate submitted the
following statement:
II was employed Dy the Chesa-
peake and Delaware Canal Company
in the month OF March OF 1853 as a
I Lock Tender at Delaware City. Del
, aware, remained continuously In tn,
I employ OF said Company. and there
after in the employ of the Unite,
=, States Government after the Cana
a was taken over by the United States
o with the exception of about nv
: years, just after the War OF the Re
p bellion.
During all OF this period OF fifty
q seven years that I worked for tn
Canal Company and the u. S Gov
Z ernment, I have never had any com
4 plants made 20 me by boats passinl
through the Canal that tho nets o
y the fishermen interfered with navi
4 cation. During my employment a
a lock tender at Delaware City. hav
, worked both day and night shift
3 regularly with three lock tender
/ land two other men n the office. AM
Z do not know OF any complaint
having been made TO any OF thes
men. was in a position durlni
! all OF this time TO have known /
complainst had been made
During all OF the ffty-seven year
, that was connected with the Cana
{ the fishermen or Delaware City an,
vicinity have fshed in the wild
waters of the Canal with nets. Tn
old Canal Company never interfer
red with them. until very recently
after Thomas J. Cleaver was mad
Superintendent OF the Canal. h
made some objections to the use o
nets. but did not enforce his oh
iections, the ground OF his objection
being for the purpose OF protecting
the Game Association and the Ang
lers' Association in Delaware. bu
not because OF any obstruction q
navigation caused by the nets.
"I am personally acquainted witt
thirty-fve or forty OF the men wh'
make their livelihood. during five o
six months OF the year. fishing Will
nets IN the Canal I know all O
, them to be iaw-abiding citizens. AM
know OF my own knowledge tina
r the order OF the Secretary OF Wa
0 OF December 23rd. 1921. which pro
8 hibited the use OF traps and nets il
O the Canal. has been a very grea
? hardship 20 the fishermen Durinl
D, the ffty-seven years that was EN-
r ployed on the Canal the Canal Com
L. pany itself never found Il necessar
o' 70 employ watchman or TO incu
y other expenses in protecting naviga
ton from the net fishermen.
10 81 understand. az the present tim,
'h' the United States Government ha
.eS employed a Deputy l.. $. Marsha
ne for the purpose OF keeping the hsl
'at ermen out OF the Canal. This seen
OF TO me clearly TO he not only a We
Ia unnecessary but very burdenson
M expense Under all the circuI