Author: Pennsylvania Dept. of Fisheries

Title: Report of the Department of Fisheries of the
Commonwealth of Pennsylvania

Place of Publication: Harrisburg

Copyright Date: 1908/1909

Master Negative Storage Number: MNS# PSt SNPaAg239.3

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REPORT

OF TH^

i^epartment of iFisJfjeries;

FROM

DECEMBER 1, 1908, TO NOVEMBER 30, 1909

Jeremiah R. Driscoll, Captain of tlie Commodore Perry.

HARRISBURG:
0. E. ADQHINBAUGH. PRINTER TO THE STATE OF PENNSYLVANIA

1010

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REPORT

OF THK

i^epartment of ^i^iftvit^

FROM

DECEMBER 1, 1908, TO NOVEMBER 30, 1909

JoicMiiiah U. Driscoll, Captain of the Commodoie Perry.

HARRISBURG:
0. E. AUGHTNBAt'GH. PRINTER TO THE STATE OF PENNSYLVANIA

1010

INTENTIOMAL SECOND EXPOSURE

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OFFICIAL DOCUMENT.

No. 21.

DEPARTMENT OF FISHERIES OF THE COMMONWEALTH

OF PENNSYLVANIA.

Commissioner of Fisheries.
W. E. MEEHAN, Office, Harrisburg.

Board of Fishiery Commissioners.

WILLIAM E. MEEHAN, President.
JOHN HAMBEKGER, Erie.
HENKY C. COX, VVellsboro.
ANDKEW K. WHITAKEK, Plioenixville.
W. A. LEISENKING, Mauch Cliunk.

Superintendents of Hatcheries.

Corry Hatchery No. 1, William duller, Corry, Pa.

Erie Hatchery No. 2, Philip H. Hartman, Erie.

Belief on te Hatchery No. 3, Howard M. Buller, Belief onte, K. F. D.
No. 2. Assistant Superintendent, Harry I. Grittith, Bellefonte,
K. F. D. No. 2.

Wayne County Hatchery No. 4, Nalhan R. Buller, Pleasant Mount.

Torresdale Hatchery No. 5, Jerry R. Berkhous, Holmesburg, Phila-
delphia.

Erie Auxiliary No. 6 (Union City Hatchery), Abraham G. Buller,
Union City.

Spruce Creek Hatchery No. 7, William F. Haas, Spruce Creek, Pa.

Crawford Hatchery No. 8, W. H. Safford, Conneaut Lake.

^4 3S4-

Steam tug "Commodore Perry" — Captain eTerry R. Driscoll, Erie.

1^

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OFFICIAL DOCUMENT.

No. 21.

LETTER OF TRANSMITTAL.

Hon. Edwin S. Stuart, Governor of Pennsylvania, Harrisburg, Pa.

Sir: I have the honor to herewith present the report of the Depart-
ment of Fisheries for the year beginning December 1, 1908, and ending
November 30, 1909, the sixth report since my incumbency as Commis-
sioner of Fisheries.

Respectfully,

W. E. MEEHAN,
Commissioner of Fisheries.

C3)

(2)

OFFICIAL DOCUMENT.

No. 21.

REPORT

OF THE

BOARD OF FISHERY COMMISSION.

^4 )

Honorable Edwin S. Stuart, Governor of the Commonwealth of Penn-
sylvania, Harrisburg, Pa.

Sir: We have the honor to herewith present a report of the opera-
tions of the Department of Fisheries from December 1, 1908, to No-
vember 30, 1909. In the work of hatching and distributing fish the
Department has broken all previous records as well as the previous
records of all other states, and nearly half of the magnificent record
made by the United States Bureau of Fisheries in 1908. The total
output from the various hatcheries foots up to the great total of
1,157,615,764, divided as follows:

Corry, 4,239,300; Erie, 244,136,245; Belief onte, 3,577,082; Wayne,
481,880,900; Torresdale, 156,851,182; Union City, 161,750,030; Craw-
ford, 93,135,900 ; Spruce Creek, 540,625. The same stations in 1908
had the following outputs:

Corry, 3,680,775; Erie, 247,752,300; Belief onte, 2,547,404; Wayne,
219,759,000; Torresdale, 109,191,900; Union City, 26,690,813; Craw-
ford, 51,554,500 ; Spruce Creek, 772,500.

It will be seen by the above that there was an increased output at
each station excepting Erie and Spruce Creek. The decreased output
at Erie was due, not to a shortage of eggs or less work, but to the fact
that it was deemed advisable for economy of shipment to applicants to
send large quantities of eggs, like the pike-perch and blue pike, to
other stations to be hatched. For example, 106,505,000 pike-perch
eggs alone were sent to Crawford, Union City, Torresdale and Wayne
stations. These eggs were all eyed, which means that the preliminarv
work had all been done in the Erie hatchery.

The decrease at the Spruce Creek hatchery was due to the fact that
in 1908 most of the trout eggs had been received from other sources,
while in 1909 scarcely any eggs were handled excepting from the
brood fish in the ponds. Owing to the fact that the Erie hatchery
was being used to carry pike-perch eggs to the eye stage, it was im-
possible to send thither any quantity of yellow perch or pickerel eggs
from the field in northeastern Pennsylvania. For these reasons the
li^rie station, while its figures show a decrease, should be really cred
ited with an increase as was the case in all other hatcheries, excepting
Spruce Creek. What makes the increase especially gratifying is the

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kEPORt OF THfi

Off. Doc.

No. 21.

DEPARTMENT OP FISHERIES.

fact that it is almost without exception in every species of fish propa-
gated, showing that the output is the result of natural expansion
and not from an abnormal number of eggs from any one species ot
fish as was the case in 1898 when there was a phenomenal run of

pike-perch in Lake Erie. ^ ., o. •,,+«„ ^

From the reports of Commissioner Meehan and the Superintend-
ents, it appears that the percentage of hatch at the different stations
was gratifyingly large, the only poor percentage was ma number ot
cases of eggs of white fish and pike-perch received trom Port Clinton,
Ohio, and about a million trout eggs from outside sources.

Increased pond capacity, a greater number of jars in the battery
stations and extended field work contributed principally to the great
increase in the output. Concerning the importance of field work the
Board of Fishery Commission cannot speak too highly. It constitutes
to-day the bulk of the outputs from all the hatcheries, save Spruce
Creek, Bellefonte and Corry. It is only limited by the amount of
money available to employ suitable men and capacity to take care ot
the eggs in the hatching houses. Field work consists m gathering
eggs from fish which have been caught in nets for market purposes or
which have been naturally deposited. In the first instance all eggs
not so taken and incubated in the hatcheries are lost or destroyed,
and, in the second instance, at least 95 per cent, would be devoured
bv spawn eating fishes. Hence, field work may be briefly described
as saving the waste, and every fish hatched, planted and grown to
maturity is clear gain. The economy of this feature of fish culture
is shown by the fact that less than $3,000 a year is available for the
collection of eggs, while the cost of hatching is scarcely half the an-
nual appropriation for propagation purposes.

The Board believes that the fish culturists of the Department have
mastered the dilficult problem of the propagation of small mouth
bass at least to the extent of successfully hatching the eggs and car-
ing for the advanced fry to the age of 15 days, with scarcely any loss,
and a large proportion to the age of 30 days, and by the system
adopted at the various hatcheries, to produce the fish at a reasonable
cost It is true that no method has yet been discovered of taking the
eggs from the small mouth bass by artificial expression, but by build-
ing large ponds, the outputs can be materially increased. A pond
covering more than an acre for small mouth bass was built at the
Crawford hatchery, and one of more than two acres started at the
Spruce Creek station. Even these, the Board believes, are smaller
than ponds in the future will be. ^ ,^ . ^u

While the Department has depended chiefly on the field for the
collection of yellow perch eggs, the fish is so easily retained in hatch-
eries that it has been deemed advisable to construct large ponds on
some of the hatcheries to augment that source of supply. A pond a
tenth of a mile long for yellow perch is nearly completed at the Wayne
hatchery and large ponds are in use at Crawford, Union City and Tor-
resdale, and these ponds last spring yielded about 100,000,000 yellow
perch eggs and their capacity when fully stocked with brood fish will
be over 500,000,000. , ^^ ^

It has also been thought that the ordinary ponds on the trout
hatcheries are not large enough to properly care for female trout ol
three years old and over. The older the fish become the greater the
area of water required proportionately to keep them in good health.

Believing this, a pond nearly 300 feet long and 85 feet wide has been
built at Corry, and another nearly the same size constructed at
Spruce Creek. The pond at Corry should, when stocked with large
fish, nearly double the capacity at that station for brook trout. In
other words, permit an annual output from Corry alone equal to the
present outputs of all the hatcheries in the State at which these fish
are propagated, and the same may be said of the pond at Spruce
Creek. It is intended to construct a similar pond at Bellefonte next
summer.

The vast quantities of fry of white fish, lake herring and blue pike
deposited annually in Lake Erie continues to prove the efficacy of fish
culture. In the report of the Board last year it was stated that "the
value of artificial fish culture, especially that part of it which is
designated as field work, has been demonstrated to an astonishing
degree in Erie. Five or six years ago it scarcely paid the fishermen
of the port of Erie to fish, especially for white fish. At present there
are at least six large steam tugs fitted out with white fish nets and
everybody fishing is sure to bring in a greater or less quantity of this
very valuable food fish daily. As many as two tons of white fish have
been caught in a single boat, for which the fishermen receive eight

cents per pound."

The condition which provoked this utterance last year holds equally
good this. Indeed, the catch of white fish in 1909 is greater than that
of the previous year.

Another evidence of the value of propagation is shown by the great
numbers of white fish of all sizes that were taken daily. During the
last week in September and the greater part of October nearly one-
third of the catch from the lake herring gill nets proved to be two
year old white fish. One boat brought in on one occasion one thou-
sand pounds of these immature fish out of a total of three thousand
pounds. They were in such vast quantities in the lake herring
grounds that the fishermen who did not want to catch these small
white fish moved their nets to other places and even then an undue
proportion were caught.

On account of the presence of so many small white fish, some of the
fishermen of Lake Erie in placing their orders for gill nets for next
year have increased the meshes beyond the minimum size required by
law. If the funds of the Department would permit there is not the
slightest doubt in the world that within another five years .the white
fish industry, five years ago worth i)ractically nothing, now occuping
fourth place, would rank at least equal with that of the blue pike,
which is the leading industry to-day at the port of Erie.

We reported last year a phenomenal run of lake herring and be-
lieved it to be due principally to the work of Pennsylvania hatcheries.
This belief is confirmed since the run this year was quite as large as
in 1908. So firmly convinced are the fishermen in Erie of this fact
that one of the large dealers has built a commodious plant and estab-
lished a new industry, namely, smoked lake herring or ciscoes. The
capacity is 40 tons a day.

Another concern also has a smaller plant. These two rendered it
possible this year to handle all the lake herring caught in the nets.
That the increase in lake herring is largely due to Pennsylvania's
work is shown by the fact that Pennsylvania is the one State which
propagates the particular species that inhabit the lower part of the

s

RfiPORt O^ THE

Off. Doc.

No. 21.

DEPARTMENT OF FISHERIES.

lake, Ohio and the United States work being confined to the species
commonly known as the Jumbo, quantities of which, by the way, are
beginning to show up in Pennsylvania waters. The Canadian fisher-
men are feeling the ett'ects of the work in increased catches of lake
herring, white fish and blue pike. 'Blue pike were caught for the first
time this fall by Canadian fishermen in large (luantities.

The interioi lakes continue to show an increase in the fishes propa-
gated by the State, and the catch of shad in the Delaware river last
spring was for the first time in 10 years more nearly equal to the years
between 1890 and 1900.

The drought which was so severely felt in Pennsylvania in 1908
continued in many parts of the State with even greater severity this
year. In some sections the situation is alarming and water famine
prevails. On rivers like the Susquehanna and Delaware the upper
reaches are little more than creeks. Numerous streams are either
entirely dry or nearly so. Under such conditions as may be expected,
the angling interests have severely suffered. From reports numerous
trout streams have been completely depopulated, and bass fishing as
well as other river fishing, for the last half year at least, was of little
account.

The Wayne hatchery has been for the time being rendered practi-
cally useless for trout breeding or even for the propagation of the
warm water fishes. The large spring which supplied the trout ponds
is practically dry, there being less than 10 gallons of water per minute
flowing from it.

The Lackawaxen river, which has its source about three miles above
the hatchery and flows through the grounds and a normal water sup-
ply which will fill a 16 inch pipe, scarcely fills a three inch pipe. All
the mature trout were killed and all of the ponds excepting the bass
pond have had to be temporarily abandoned and the fish of different
species all placed in this one body of water. The new perch pond,
which was used last spring for the first time, had to have the water
drawn off" during the summer while the work of completion was in
progress and the water supply was so small that on the first of De-
cember it was impossible to flow any water into it as what there was
was needed for the bass ponds and the trout ponds. It will be spring
before this pond can be filled. There is a marked diminution in the
water supply at all the hatcheries, but in none excepting Wayne has
the danger point been reached.

The Legislature at its last session enacted a new fish protective
law which, in many respects is much superior to the Act of 1901.
There are, however, in it many inexcusable typographical errors and
two or three provisions which the Board believes are not meritorious.
One of the most satisfactory sections in the new act is one which
forbids pollution from industrial establishments entering the streams
of the Commonwealth. The measure went into eflect on the first of
May and very fair progress has been made by the Department in
securing the observance of this provision.

Manifestly the purification of the waters of Pennsylvania cannot be
accomplished in a short time or even within the time which the gen-
eral public, unacquainted with the problems involved, expect. Many
forms of pollution injurious to fish life and fish food cannot be
stopped with safety to public health, according to the health authori-
ties, until the cities or towns below have established sewage disposal

plants in accordance with the decrees of the Department of Health.
In other cases, it requires time for industrial establishments to adjust
themselves to the new order of things and to install proper purifica-
tion plants. There are, however, many industrial establishments that
can without financial loss to themselves make other disposal of
their waste than by emptying it into the streams. In most cases the
waste contains byproducts, the value of which exceed the cost of pro-
duction.

It has been the policy of Commissioner Meehan not to unduly press
the owners of industrial establishments, while he has insisted that
the law must be observed at the earliest possible moment. It has been
his policy, which we approve, to point out to the owners of such places
that it is to their financial advantage to obey the law. The wisdom of
the course is illustrated by the fact that only five prosecuticms had to
be instituted since the operation of the new law, while two or three
hundred concerns have put in suitable purification plants and many
more are installing them. Public sentiment strongly demands the
purificaticm of our water supply in order that fish may thrive and
thus provide a bountiful supply of a valuable food product; that it
may be used for domestic purposes, and that it may be healthful. In
each of tlie five cases in which ])rosecutions were nmde, the 'owners or
operators had positively refused to obey the law or inferentially did so
by forcibly expelling tiie wardens from the property while they were
there in the i>erforniance of their duty. In imly one case has an ap-
peal been asked for.

A less number of arrests were made for violation of the fish laws
than in 1908. This was due to several causes. First, because of the
new law which abolished half the fines to the special wardens and to
informers. Second, to a reduction in the force of regular salaried
wnrdeus <lue to an insuriicient aiqirojniation to pjiy the full number
formerly employed, and, third, to an interval between May 1st and
Julv, when the wardens were dii-ected to warn rather than to arrest,
so that the fishing public might become accustomed to and familiar
with the new law.

The total number of arrests were J1^7, of which ?tlM\ wore convicted
and 17 went to jail in lieu of j»ayment of fines. Thirty-seven of those
convicted ap]>ealed or took certiorari to the County Courts, where the
cases are still i)ending. Ol" tiie ^>S7 arrests made (luring the year, 281
were made by the regular wardens. The majority of the others were
made by special wardens j)ri()r to the? repeal of the old law. The total
amount of fines imposed by magistrates was |(),702.(MI, of which |4,-
501.00 were paid to the nuigistrates. The balance, |2,141.00, are em-
braced in the cases appealed and in which the defendants elected to
go to jail instead of paying. The number of arrests in 1908 were 584,
with 485 convictions and 90 acquittals. Of the convicted 54 went to
jail and 50 asked for a])])eals. The regular wardens this year made
281 arrests, while last year the number was 211.

Manv of the Countv Treasureis and Justices of the Peace have in
the past been slow in making their returns to the Department, and
it became necessary in s(mie cases to take measures only a little short
of prosecution to bring them to a realizing sense of their duty and
obligation. Somcof the fines due the State have been \nthheld for
nearly four years. The Commissicmer reports that most if these ac-
counts have been collected.

10

REPORT OF THE

Off. Doc.

The Board has referred to a decreased number of salaried wardens.
Under the Act of May 29, 1901, and the appropriation given, it was
possible by the exercise of the most rigid economy to employ 12 men
at $50 a month and reasonable expenses. The Act of May 1, 1909, au-
thorized the appointment of 30 wardens and definitely set their salary
at $75 a mouth and reasonable expenses. The Chief Warden, who had
been paid $75 a month, was increased by this law to |100 a month.
The appropriation, however, was in the aggregate only $5,000 more
than the previous two years.

On account of the increase in salaries and the amount of the appro-
priation, it was found impossible to employ more than nine. Three
of the old wardens were retained for a time after the operation of the
new law, but were dropped one by one for cause. Three others have
been appointed in their places, they agreeing to serve without com-
pensation until such time as there may be money to put them on
salary. Of course these three men cannot be expected to perform
much work. The consequence is that the nine men now in the employ
of the State are overworked, and it is impossible for them to thor-
oughly cover their district. Their entire time is taken up in investi-
gating and prosecuting specific cases to which their attention has
been drawn and they have little or no time for patroling.

The Board desires to draw particular attention to the indifference
which a large proportion of the persons who take out licenses for fish
baskets exhibit towards observing the provisions of the new law.
Comparative!}^ few of the licensees followed them in every particular.
Had the wardens prosecuted in every instance in which they found
a single violation, the number of arrests and convictions would have
been very large. Under the new law the device is not permitted in
streams known to contain trout and it is deplorable the number of
men, who to evade the law, told the County Treasurers that the
streams for which they applied for licenses did not contain trout, and
that sometimes in face of the fact that trout were caught both above
and below where it was proposed to locate the device. Two or three
who secured licenses in this manner when notified by the County
Treasurer of the cancellation of the licenses on account of their mis-
representation, and in accordance with an opinion of the Attorney
General's Department, became defiant and had to be prosecuted before
they were brought to their senses.

A large number of improvements and extensions have been made
in the hatcheries during the year. A new hatching house for trout
was built at Bellefonte and an addition to the trout house and for
battery purposes was erected at Wayne. Besides the yellow perch
pond, a large trout i)ond already mentioned, a number of ponds for
yearling and two year old trout were constructed at Spruce Creek and
Bellefonte hatcheries. Several ponds for warm water fish were built
at Torresdale and Unitm City. The property at Erie was enlarged by
the purchase of additional grounds and a dwelling house for the ac-
commodation of the Su])erintendent. A house for the accommodation
of an assistant was built at Crawford in order that the man might be
had on the place at all hours, day and night, in case he is needed. Ice
houses were also erected at S])ru(e Creek and Wayne to save the pur-
chase of that commodity during shi])i)ing time.

The Torresdale hatchery, altliough established since the creation of
the Department, has nearly all available space occupied by ponds, so
that with beautifying, the plant may be said to be completed, al-

No. 21.

DEPARTMENT OF FISHERIES.

11

though a new hatching house will have to be built in the near future
as the building now in use was constructed nearly 20 years ago for use
at Bristol as a field station. It is not only anything but an orna-
mental structure, but is rapidly becoming too small for the work re-
quired.

Soon after the breaking up of the ice in Lake Erie, the Commodore
Perry, the Department's boat, was again put in commission and has
been employed regularly since and will probably not be put into
winter quarters and the crew laid off until the first of January.

The craft has proven invaluable to the Department. As a patrol
boat it has practically put a stop to all poaching in Pennsylvania
waters on the part of unlicensed fishermen from other States, it has
nearly made fish law violations in those waters a thing of the past,
and rendered great service in preventing raids on the nets of the
licensed fishermen. There was only one instance where a seizure of
nets become necessary in the early part of the year. The nets be-
longed to a local fish company, but it appeared that the owners were
themselves not aware of the fact that the nets were illegal. They had
ordered the twine from the factory and put them in the water without
first examining to see whether or not the meshes conformed to the
law. The firm was therefore not prosecuted and only the nets
actually seized by the boat were confiscated and the company per-
mitted to retain the remainder on their promise to take them to an-
other state where they conformed to the law.

In field work the Commodore Perry has been invaluable, conveying
eggs from the different fishing grounds to the hatchery and bringing
fish for propagation purposes from the pound nets.

Apart from the usefulness of the Commodore Perry in fish protec-
tion and fish cultural work, it has made, through its staunchness and
the heroism of the officers and crew, a brilliant record in the cause of
humanity. On April it made two trips in the midst of a raging sea to
the rescue of disable tugs and brought them safely to port, together
with the crew^s of 10 men in all. Before the storm had disappeared
and while the captains of most of the craft considered it too danger-
ous to set forth, Captain Driscoll and the crew steamed out into the
lake in search of a third tug that had not turned up. It failed to save
the craft sought for, but did find and restore to the sorrowing friends
two bodies. Later Captain Driscoll and the crew, by means of the
Commodore Perry, saved the crew of a boat that had been driven
ashore during a summer storm, and while this report was being pre-
pared, a telegraph dispatch was received by the Department announc-
ing the recovery of a boat containing the frozen bodies of nine men
belonging to an illfated steamer sunk in Lake Erie during a tremen-
dous storm. The Board expressed its appreciation of the heroism of
last spring to Captain Driscoll and his crew by resolutions, which
resolutions were presented by Your Excellency in person to Captain
Driscoll, with suitable words of appreciation on your own account.

A section in the law of May 1, 1000, defines a trout stream and pro-
vides that in cases of a conflict of statement the Board of Fishery
Commission shall investigate and its decision be final. Within a few
weeks after the enactment of this law, a number of disputes were re-
ferred to the Board. Several have been investigated and decisions
rendered. There still remain about an equal number to be considered
and passed upon. Doubtless there will be more as time passes.

12

REPORT OF THE

Off. Doc.

The work of the Department has increased with such rapid strides
that the hatchery force must be increased in the near future, and the
office force is barely able to dispose of the daily volume of work. Sev-
eral new features which would increase the efficiency of the Depart-
ment are either far behind or have to remain undone. A chief clerk,
an additional stenographer are urgently needed, and there should be
a man to conduct scientific investigation with relation both to proper
foods for the waters to maintain fish life properly and the bacterio-
logical condition of the water.

The necessity for the increase in both the hatchery and the office
force becomes the more apparent with the possibility of the acquisi-
tion of a large tract of land on Presque Isle Peninsula for hatchery
purposes. Should this tract be turned over to the Department of
Fisheries, there will be a hatchery of about one thousand acres con-
taining a number of natural ponds or lakes varying in length from
half a mile to three-fourths or more long.

The property is at i)resent a wilderness of trees and underbrush
with many swampy i)laces and with all the ponds surrounded by
morasses. " When completed it will make the largest hatchery in the
world. The movement for the acquisition of this property was begun
bv some citizens of Erie, taken up by the Board of Trade, the Cham-
ber of Commerce of Erie, and the fishing interests. Many meetings in
behalf of the movement were held in Erie with the result that a bill
was introduced into and passed by the Legislature of Pennsylvania at
the last session to turn over the property to the Department of Fish-
eries, subject to the aiqu'oval of the National Government.

Presque Isle Peninsula was formerly State property, but was
turned over to the United States for specific purposes. Only a small
porti(m has been so used. Subsequently another portion, with the
approval of Congress, was turned over by the Legislature of Pennsyl-
vania to the city of Erie, to be used for water reservoir purposes. A
bill is to be introduced at the session of Congress in December to
ratify the action of the Pennsylvania Legislature. Both United
States Senators and the Congressmen of Pennsylvania are pledged to
the support of the bill, and the Chairman of the Committee, to which
the bill will be referred, has visited the site and spoken enthusi-
astically in favor of the project.

Should the i)roperty come under the jurisdiction of the Department
of Fisheries, another Superintendent and a force of assistants will be
required, and much additional work will result in the office of the De-
partment itself.

The above is respectfully submitted.

W. E. MEEHAN,

Commissioner of Fisheries.

ANDREW R. WniTAKER,
W\ A. LEISENRING,
JOHN HAMBURGER,
HENRY C. COX,
Board of Fishery Commission.

No. 21.

DEPARTMENT OF FISHERIES.

13

REPORT OF THE COMMISSIONER
OF FISHERIES.

Again I take pleasure in reporting that the Department of Fisheries
has broken all records in the propagation of fish. From December 1,
1908, to November 30, 1909, there was a total output of 1,157,615,764,
as against 661,952,851 the previous year, and 663,387,524 in 1907,
which, until now was the banner year in the history of the Depart-
ment of Fisheries. In every line of work there has been satisfactory
progress, although the Department has been greatly hampered in the
enforcement of the fish laws by the fact that the appropriation is only
sufficient to pay eight wardens at the increased salary named by the
Legislature.

OUTPUTS.

The following table exhibits the outputs of fish, frogs, etc., from the
various hatcheries and through field work from December 1, 1908, to
November 30, 1909, inclusive. The table does not include eggs shipped
from one hatchery to another.

Brook Trout, advanced fry, fingerlings and adults, 9,246,375

Rainbow Trout, advanced fry, fingerlings and adults, . . 42,950

(iold Fish, 4,082

Catfish and Bullheads, 459,816

Brown Trout, fingerlings, 34,300

Shad, fry, 15,000,000

Sturgeon, fry, 408

Lake Trout, 2,395,000

Pickerel, 300,150,000

Silver Side Salmon, 75,000

Yellow Perch, 397,045,140

Sunfish, 699,280

Calico Bass, 15,131

Frogs, 463,000

Blue Pike, 99,666,000

Lake Herring, 114,934,400

White Fish, 47,869,700

Wall-eyed Pike, 168,875,000

Black Bass, small mouth 506,906

Black Bass, large mouth, 83,200

Rock Bass 75

Cutthroat Trout, 50,000

Total, 1,157,615,764

14

REPORT OF THE

OfC. Doc.

APPLICATIONS FOK FISH.

The following is the number of applications for different species of
fish filed wUh the Department of Fisheries and sent to the different
hatcheries to be filled :

^ . ... 3,620

Brook Trout, j2

Rambow Trout, 3

Bro^'n Trout, gjO

Small Mouth Black Bass, ^^^

Yellow Perch, ^§3

Pickerel, 206

Wall-eyed Pike, 238

Sunfish, 330

Catfish, -^jQ

Frogs, IX

Lake Trout,

Total, «'2»»

PERMITS ISSUED.

The following permits were issued during the year for the purposes

named :

For transplanting fish to other waters, ^^

For using dynamite for engineering purposes ^^

For bonded seines for taking carp, suckers and mullets, 1

For taking fish for scientific purposes, ^

For preventing escape of pickerel into trout streams, i

For taking fish for aquarium

For taking trout for spawning purposes, ^

For closing fishway on account of low water, ^

Total, ^^

No. 21.

DEPARTMENT OF FISHERIES.

15

COMMERCIAL FISH INDUSTRY IN LAKE ERIE.

There was a healthy increase in the fish industry of Lake Erie
during 1909, and this applies both to tlie amount caught and the sum
realized by the tisliermen. The total catch in 1909 foots up to 10,904,-
017 pounds as against (;,999,()51 pounds in 19()S. The catch realized
1284,822.11 as against §200,8()9.o3 in 1908. The increase was most
notably with lake herring and blue pike. In 1908 the catch of lake
herring was ;],81G,G91 pounds. This year it was 6,167,187 pounds.
The blue pike catch in 1908 was 2,006,.'i57 pounds, and this year it was
4,190,o4:{ pounds. There was a slight fall off in the catch of salable
white fish. In 1908 it was 894J(ja pounds with a value of |.31,580.14.
This year the catch was 295,701 pounds, and the value |25,036.94.

This slight fall off is accounted for by a severe storm which pre-
vailed during the height of the white fish season. The total catch of
fish was greater than any year since the creation of the Department.
There Avns one firm added to the list of those engaged in the business
in Erie, but lliis additional business house d(k»s not make up all of the
increased business. ]-:ach and every firm contributed to the healthy
condition of affairs.

An interesting?; feature of the business is the fact that it was found
for liie fiisl lime that the carp industry had assumed sufficient impor-
tance to se])arate it from (he miscellaneous fishes. The catch was
58,8:^2 ]>ounds, the value of which was 1744.98. The value seems
small, but it must l)e remembered that the amount represents not
what the fish were sold for, but what the fishermen received for them,
the wholesale price in New York and IMiiladelphia and Pittsburgh
being much larger, as will be seen in the tables showing the retail fish
business of the State. The following table shows the total catch of
fish and the value of each during the year 1909:

Name.

Number
of Pounds.

Value.

Catfish,

Lake liorritiff, ......... ! «

Yellow pike, " " "' '

Blue pike. ..
Wlifte flsh, _
Oarp.

Yellow perch,
Sturj,'eon, _..
I-ake trout, ,
Miscellaneous,

'^'"*'*'' - 10,904,617

1,844 1

9135 86

6,167,187

129,199 70

17,581

1,3.31 ^4

4,196,54S

124,228 29

295,701

2;>,036 (H

68,832

744 98

14,605

558 10

4,4%

799 14

14,779

l,ir.7 25

133,050 '

1.629 91

$284,822 11

The following table shows the catch of the three principal fish, blue
pike, lake herring and white fish, by pounds from 190.3:

Name.

1903.

Blue pike, 1,96.1.000

T.akc herrlnsr, -- 5,0.^3,000

White flsh, 36,500

1905,

3,21.'i.863

3,060.2.10

31,969

1906.

1,021.206

2,696,065

113,278

1907.

1906.

2,l.'i9,983

1,883,963

674,265

2,006,357

3,816,691

394,763

1909.

4,196,643

6,167,187

296,701

18 REPORT OF THE OH' °<^-

The following table gives the value of the catch for each year since
1903, excepting 1904, when no records were obtainable.

. . $300,000.00
1903, 201,085.94

1905, 168,995.14

1906, 305,913.39

190T, 200,869.53 '

1908, 284,822.11

1909

A nern^ial of the table giving forth the number of pounds and value
wiU show that the catch of vellow pike also have increased over the
::ar %Z, when foVthe first Inne thl industry was confered of |nffi^

iient importance to give it a separate Pl»«/°l'^\*'''''^l,iJ%ar there
number of pounds was 9,884 with a f'"" "f f 37|f li^'if^ „nex-
were caught 17,581 pounds with a value "^ «lf / .^^-^-fi^Vn ^tcWng
pected encouragement as for many years the State '»^^^'1«° ""''°™?

and Janting yellow pike, otherwise ^^^^^fj^^^^^^^^nl
scale and thi catch did not seem commensurate with ^^ »t"eking^

It is believed, however, that m-^ of *h« e^gs sen o^^e Erie^sta^
tion as yellow pike eggs are in reality ^'j P'"^^. ^JJ^«f ^^j^ to find
pike come from OMo wa ers «"^^y ^^° ^^Vg^scS that^here is
blue pike among those fish. Indeed 'f^n'".™'"^ .. ^^^ ^ ^^ two flsh
no difference between the yellow P'ke and blue PJ^^ - t^^^J;°« ^e no
mar be varieties, but even ''^t is doub fuh JYu^eS the color
±;S ?S^c^^t7g"gi^a^ndrprdlfXawning a!id to some

trolled by Pennsylvania IS not the best groun ^^ .^^ ^^^^^

that they are more ab»iidant «n«3 fa^"J ^he '^^^^ ^j 0^i„ The

"Srie^l'leveryabundantlnLake^^^^^

sylvania waters, become ^^j-y f .<=»^;«/;'^,4*"*o ^ ast year the catch
undertaken by <\^State about four years ago y^^ ^i.eellane-

warranted there being Pla«^^„"°„^JXdf or about 33,000 pounds more
operate their nets not very far from shore.

No. 21.

DEPARTMENT OF FISHERIES.

EEL INDUSTRY.

17

For the first time since fish baskets have been allowed by law it has
been possible to obtain returns from every licensee. Formerly when
there was no legal obligation to make such returns, less than half paid
any attention to requests for statements, and when an agent was sent
to gather the statistics many refused to furnish them. According to
the figures returned the catch of eels this vear was exceedingly low
and uni)rofi table to the operators of the baskets.

The total catch is given at 18G,750, with a weight of 120,078 pounds
and a total value of $11,153.10. There were also caught and returns
made of 12,454 suckers and mullets, w^eighing 7,6.39 pounds and a
value of 1419.80, and 922 carp of a weight of 2,3(>2 pounds, and a value
of 1124.86, or in all 200,126 fish weighing 130,079 pounds and valued
at $11,096.76.

There were granted 811 licenses for which the licensees paid |811
It IS fair to suppose that the baskets cost to construct, including the
wmgwalls, at least as much, if not more, than the entire value re-
ported. Of the 811 licenses issued, the owners of 190 reported that
they caught nothing. Some that they never operated the device owing
to low water. The greatest number of licenses were issued in Lan-
caster county, and of 110, 25 were not operated. The remaining 85
caught 78,181 eels weighing 20,288 pounds and valued at $1,595.62
Ihe next highest number of licenses was issued in Dauphin county
Of 86 taken out there were 14 which caught nothing. From the 76
remaming the catch was 59,360, with a total weight of 12,039 pounds

A careful examination of the table will show that the eels cau^^ht
from the baskets in most of the counties were remarkablv small
being commonly known as "whip snappers." Of the 37 counties in
winch licenses were granted there were onlv nine, in each of which
the total catch is found to average over one pound each. In Dauphin
county the average weight is abcmt five to the pound. In Lancaster
county about four to the pound. In Mifflin and Perry counties three
to the pound. The total catch was less than three-quarters of a pound

An examination of the individual returns would give rise to the
suspicion that the licensees made errors and returned under weight
For example, one licensee returned 1,500 eels, weight 150 pounds? or
about IJ eels to the pound. Another licensee turned in 1 782 eels
weight 1.38 pounds Another, 1,500 eels, weight 175 pounds. Another!
1,567 eels weight 206 pounds. At least 25 per cent, of the licensees
reported the weight to be from three to five to the pound. Suspicion
however, of error in returns is dissipated by the large number who
return such light weight fish, and also the appearance of the markets
in Ifarrisburg of eels which have every appearance of weighing onlv
a tnfie over jin ounce. » & j

I am forced, therefore, to the conclusion that the spaces between
the slats, as provided by law, are much too small. It is hardlv likelv
that the majority of the licensees deliberatelv violated the 'law bv
attaching some other device to their baskets which would prevent the
very small eels from escaping. If they did so in fact there would
have been heavier eels also in the baskets, while the returns are almost
universally "whip snappers.'
2—21—1909

18

REPORT OF THE

Off. Doc.

The question has even arisen as to what proportion of game fish, or,
in fact any species of fish other than eels, mullets, suckers and carp,
find their way in and are caught by the baskets. Many licensees de-
clare that none are caught, while most admit that game fish do get
into the baskets, but are returned to the water. One licensee kept a
record from October 12th to the 29th, inclusive, and voluntarily
brought it to the Department. The basket was very carefully con-
structed, the slats separated to the full extent of the law and was set
in a part of the river in which game fish are not supposed to frequent.
The following is the table, with comments, as they were written by the
licensee :

190O.

00

CO

OS

BO

•9

Xi

•

<o

Eels.

1

3

CO

1

x:

Shad.

u

a

oa
tio

o
■o

u
<»

es

October 12, I \

October 13.

October 14,

October 15,

October 16,

October 17,

October 18,

October 19,

October 20,

October 21,

October 22,

October 23.

October 24,

October 25,

October 26,

October 27,

October 28,

Total,

12.30 gates shut.

12.15 gates shut.

5
11
11
13

0
3
0
11
9
2
8

8
0
5
5

4

2
1
3
4

2 -
3

4 --

0 i

90

1

1 1 1

1 ....

0

0

34

Scale fish of all kinds, excepting three mullets thrown back into the
river, turtles thrown back, water dogs killed. Quite a number of
small sliad went through slats of baskets. ,, , ^,> « u «

It will be noted that the catch was: Eels 00, mullets Ob, sunftsh 5,
rock bass 34, chubs 1. shad 1, turtles 2, water dogs 8. There were no
salmon or black bass. By this table it will be seen that the catch of
sunfish and rock bass was very nearly half the catch of the eels From
this it mav be safely assumed that baskets set in the course of black
bass and salmon must inevitably capture a very large number of those
game fishes. The following is the table of the catch of eels, suckers,
mullets and carp, together with the value of the same:

•About eight In. long.
tWater foil an inch or so.
: Water fell again.
§Rain.
RivtT raipod an inch and a nail.

No. 21.

DEPARTMENT OF FISHERIES.

19

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20

REPORT OF THE

Off. Doc.

No. 21.

I I

COMMERCIAL HATCHERIES.

Under Sections 11 and 32 of the Act of May 1, 1909, all persons en-
gao-ed in propagating fish for sale or who catch fish for the market
or who are engaged in the sale of fish, must furnish to the Department
at the close of each year on demand of the Commissioner of Fisheries,
a tabulated statement of their sales of fish and the gross amount of
money realized. There were 10 commercial hatcheries for which
licenses were issued under the provisions of Section 11, as follows:

License No. 1— Paradise Brook Trout Company, Parkside ; trout.

License No. 2— Charles A. Wolters, Oxford and Marvine streets,
iniiladelphia. Hatchery located at Weissport, Carbon county; trout.

License No. 3— Crystal Spring Brook Trout Company, Port Alle-
gany, McKean county ; trout.

License No. 4— Hiram Peoples, New Providence, Lancaster county ;
black bass, blue gill bream, gold fish. , ^^ ,

License No. 5— Penn Forest Brook Trout Company, Mauch Chunk,

Carbon county; trout. ^ , , t

License No. G— Hayes Creek Brook Trout Company, Freeland, Lu-
zerne county ; trout. ^ , . , ^ ^ x

License No. 7— Harry C. Trexler, Allentown, Lehigh county ; trout.

License No. 8--J. H. Storch, East Smithfield, Bradford county;
carp, bullheads, pickerel, bass and pike.

License No. 9— R. S. Kemmerer, Route 1, Bowmanstown, Carbon

county; trout. ^ o ^

License No. 10— H. J. Westcott, Conneaut Lake, Crawford county;

gold fish. , ^ , . t- • I, 1

Of the 10 licenses, seven were for trout hatcheries, of which six had
voluntarily in previous years furnished the Department with the gross
amount of their sales for statistical purposes. The seventh was a
plant established since the new law went into effect. The reports re-
ceived from the commercial hatcheries indicate generally a healthy
condition of the business. The total sales of the 10 hatcheries
amounted to |34,()38.56, of which |33,825.3G were by the trout hatch-
eries. The hatcheries for other fish only aggregated $813.20, but the
plants were either very small or had been newly established. Tabu-
lated, the business for the year was as follows:

Gold fish, .
Catfish, ...

Carp,

Black bass,
Sunfish, ..

Number.

Total,

19,224

800

SOO

1.855

7,550

Weight.

Value.

400
600

$501 00
24 00

86 00

87 00
215 20

$813 20

DEPARTMENT OF FISHERIES.
BROOK TROUT.

21

Number.

Weight.

Value.

For market

61,020

291 5tiU

11,333,697

37,7903

Live trout flngerlings and yearlings _

EsiisB

$17,842 06
11,594 46

4,388 86

Total, _

11,686,286

37,7903

$33,825 36

SUMMARY.

Brook trout,

Miscellaneous fish.

Total,

$33,825 36
813 2U

$34,638 o6

Comparing the trout business with that of 1908 it will be seen that
there was apparently a fall off in business. In 1008 the total busi-
ness was $38,39(5.72, but a comparison of this kind in this report is
hardly just, for the reason that in 1908 the business was for the entire
calendar year from January 1st to December 31st, inclusive while
this year the business reported is from January 1, 1909, to November
30th, inclusive.

Several of the owners of the commercial hatcheries reported that
their orders for December were very heavy, considerably exceeding
those of December, 1908. In 1908 also the eggs of the trout were taken
earlier and were for sale, and many deliveries were made before De-
cember 1st, while this year the eggs came much later and only a small
proportion of the orders had been tilled on December 1st.

In the returns made, one concern has charged up 1,300,000 green
eggs, which were turned over to the State for fish from one of the
hatcheries, with which to change blood, in accordance with Section 11
of the Act. Another firm furnished the State three million eggs on
the same terms, but those eggs were not delivered until December
hence they do not appear on the returns. A fairer comparison of the

^'Z^'L^IT^^^ '^''"^'^ ^^ "^'^^ ^^^ ^^^^ ^'^0^' w^e^^ the business was
fzy,951.00.

There is reason to believe that the sales of goldfish returned do not
represent the business of the State in this fish during 1909 There are
several plants, the knowledge of the existence of which have onlv re-
cently come to the Department, and the owners of which were prob-
ably unaware of the provisions of the new law and were not licensed
during 1909. It is reported that one of these concerns alone does a
business many times as large as the hatcheries which were licensed

An encouraging feature of the commercial hatchery business is'the
attention which is being given to the rearing of other fish than brook
trout, and there is reason to believe that this business, particularlv the
hatching and selling of black bass, will be largely increased during
1910, and that at least one additional commercial hatchery for this
fish will be m operation.

The 10 licensed hatcheries embraced in all 3,825;^ acres, with six
hatching houses, 272 hatching troughs, and 206 ponds. Of course all
the acreage is not devoted to ponds, the total acreage of water prob-
ably not being much over 200 acres.

22

REPORT OF THE

Off. Doc.

No. 21.

DEPARTMENT OF FISHERIES.

23

COMMERCIAL FISH BUSINESS IN TUE STATE.

Under the provisions of Section 32 of the Act of May 1, 1909, all
persons engaged in catching tish for the niarlvct or who may be en-
gaged in the sale of tish, shall on demand of the Commissioner of
Eisheries, furnish at the close of each year a tabulated statement of
their sales of tish and the gross amount of money realized, to be used
by the Department of Fisheries for statistical purposes.

This being the first year that such a Jaw has been on the statute
books it was dihicult, with the limited means at my command, to
either secure the names of all the persons dealing in fish or in every
case to enforce the provisions, even where the names were known.
Hence, the figures which are here presented do not begin to represent
a tithe of the fish industry of the State.

There were but 23 returns of wholesalers and retailers altogether
and there are more wholesalers than that in the city of Thiladelphia
alone. The wholesale dealers in carp would themselves exceed this
number. There were 10 returns of I*hiladelphia wholesalers and five
from Pittsburgh. The other eight were retail dealers in Wilkes-
Barre, tScranion, Carbondale and Towauda. A disastrous fire, which
destroyed the Diamond market, caused the loss of the books of nearly
every wholesaler in Pittsburgh, and while they all endeavored to
make returns they are very incomplete and largely guess work, though
admittedly below what was the actual business. Under the circum-
stances, the number being so small, I would not publish the totals
were it not for the fact that they are faintly indicative of a business
much larger than the public supposes. 1 trust next year to have a
complete account of the business, both wholesale and retail, in Penn-
sylvania.

The 10 wholesale houses in Philadelphia and Chester making re-
ports did a business of |o40,757.28. I'ittsburgh's business, of the five
who made returns and which were both wholesale and retail,
amounted to $202,0<s7.00. The other eight, which were both w^holesale
and retail, nmde returns amounting to 120,824.32. This was practi-
cally all retail, although there may have been a small amount sold at
wholesale rates.

From these figures it is safe to say that the retail business in fish
in Pennsylvania will amount, outside of Philadelphia, Pittsburgh,
Scranton and Erie, to at least |800,000. Scanning the list of the eight
returns in the interior part of the State, it is seen that three-fourths of
the fish sold came from either Lake Erie or waters in Pennsylvania.

Of the sales reported by Philadelphia houses, 952,237 pounds,
valued at |95,742.58, came from waters other than Lake Erie and
mostly from the Delaware river, the Chesapeake and North Carolina.
The particularly interesting features are the shad and carp. The
returns for shad were 089,2."):} pounds, valued at $80,000.90, and of
this amount 2,500 pounds were marked as North Carolinas. The carp
reported was 42,199 pounds, valued at $3,853.10.

If to the returns as given could be added the business of the remain-
ing wholesale houses in Philadelphia and Chester and the sales of shad
in Wilmington, Easton, Stroudsburg, Trenton, Camden, Washington

Park and other towns and villages of lesser size on the Delaware were
reported, it is probable that the value of the shad industry from the
Delaware river would be shown to have been, in 1909, at least $200,-
000. The reported carp business, 42,199 pounds, valued at $3,853.10,
does not begin to represent the sales of that fish in Philadelphia. It is
safe to say that more than four times 42,000 pounds of carp were sent
into Philadelphia from the State of Illinois in 1909. The weight
given will scarcely represent the carp caught in the Delaware and its
tributaries. The following is the table of the number of pounds and
the value of the fish caught in waters other than Lake Erie as reported
by the 10 Philadelphia and Chester houses:

Value.

Carp

Yellow perch __.

Rock fish,

Kels _.

Sturgeon,

Wliito perch, _.

Alevvife and herring.

Catfish,

Shad,

Total

The amount and value of Lake Erie fish sold in Philadelphia and
Chester by the 10 houses reported were as follows:

Value.

42,199

$3,853 10

12,600

618 00

2,156

215 50

10,462

667 00

36,484

4,201 18

7.000

690 00

87,524

463 90

41,260

3,373 00

689,253

80,606 90

952,237

$95,742 58

Yellow pike,

Blue pike,

Lake trout

White fish,

Ciscoes or lake lierring,

Total _ i 352,648

6,000

$440 00

19,456

979 00

600

36 00

8,500

920 00

317,992

15,762 00

18,137 00

The salt water fish returned by the 10 dealers were as follows

Name of Fish.

Pounds.

Value.

Miscellaneous salt water fish, _ _ 5,790,860 $229,507 70

Black and sea bass 76,500 3,370 00

Total, 6,867,350 $232,877 70

Virtually all the fish sold in the Pittsburgh markets came from
Lake Erie, the Delaware, Chesa])eake and waters in tlie State of Illi-
nois. Out of the entire list probably a few carp only were caught

24

REPORT OP THE

Off. Doc.

from Pennsylvania waters contiguous to Pittsburgh. The following is
the table reported by the five Pittsburgh dealers:

Name of Fish.

Halibut

Bass ___

Catfish ,

Ciscoes or lake herring,

Yellow pike, ...

Blue pike _.

Lake trout

White fish

Shad

Carp,

Pounds.

Yellow perch,
Eels.

Miscellaneous fresh water flsh, .
Miscellaneous salt water flsh, ._.
Estimate of one firm burned, .

30,000

13,100

9,200

602,000

120,000

710,000

34,450

251,800

21,600

127,000

88,200

12,500

45,000

420,000

Value.

$2,700 00

1,984 00

925 00

34,700 00

10,890 00

40,880 00

4,094 00

24,604 00

6,210 00

6,120 00

6,510 00

1,160 00

2,750 00

38,500 00

16,000 00

Total, ! 2,390,850 ! 202,087 00

It is impossible to tabulate the eight returns from other parts of
the State for the reason that some not understanding, while they gave
the number of pounds failed to give the value of each, giving only the
total values. The figures are, therefore, of no importance.

The following table is a summary of the commercial fish industry
of Lake Erie, commercial hatcheries and the Delaware river as given
above, and the eel industry of the Susquehanna:

Name.

Delaware river, _

Lake Erie __

Commercial hatcheries,

Live trout and trout eggB,
Fish basket industry

Total,

Poimds.

Value.

952,237

10,904,017

37,790

130,079

$95,742 58

28-1,822 11

17,842 Oij

15,983 31

11,690 76

12,024,723 I $311,606 86

FINANCIAL STATEMENT.

The following is a statement of the receipts and expenditures of the
Department of Fisheries for the year ending November 30, 1909 :

HATCHEmES.

Received from State Treasurer,

Balance on hand from Lake Erie licenses,
Balance on hand from fines,

$37,708 26
91 66
603 22 $38,308 04

Paid for hatcheries,

Balance on hand,

WARDENS.

Received from State Treasurer, ...
Balance on hand from eel licenses.

Paid for wardens.
Balance on hand,

$11,807 00

49 23 $11,856 23

$37,708 26

$11,807 00

$594 78

Itf.a

No. 21.

DEPARTMENT OF FISHERIES.
FINANCIAL STATEMENT— Continued.

25

CONTIJSGENT FVhD.

Balance on hand Dec. 1, 1908,
Received from State Treasurer,

Paid for incidental expenses, -.

EXPENSES OF FISHERIES COMMISSlUiN.

$56.76
1,000 00

Received from State Treasurer,
Vaid for expenses, _

COUNSEL FEES AND COURT EXPENSES.

$1,092 51

$1,056 76

$1,056 76

Received from State Treasurer,
Paid for fees and expenses, — .

$535 95

OPERATION OF COMMODORE PERRY. |

Received from State Treasurer, $3,92-1 27

Paid for operation [

COMPLETING H.\TCHERIES.

Received from State Treasurer,
Paid for work,

),955 12

$1,092 51

$535 95

$3,924 27

$9,955 12

FIELD WORK. i

Received from State Treasurer — ' $1,284 90

Paid for field work, -

$1,284 90

PURCHASE OF GROUND. |

Received from State Treasurer, — $2,484 61

Paid for lot in Erie, $2,450 00 '

Brief of title 10 00 ^

Recording deed, 2 00 i

Advertising, 10 63

Taxes 6 98

)

$2,481 61

GATHERING SHAD SPAWN.

Received from State Treasurer,
Paid for gathering !«pawii,

$500 OO

$500 00

ERECTION OF FISH WAYS.

Received from State Treasurer, $5,359 62

Greenville flshway — $3,750 00

Lanesboro flshway, 1,500 00

Advertising and inspection, 109 02

$5,359 62

Durinp the year there were receipts from various sources as follows, the same paid into
the State Treasury daily in accordance with the Statute.

Fines for violations of the flsh law, ^-^ Of

Licenses for eel baskets.

789 26

Lake Erie licenses .'. - - — - ^-^^ ^0

Licenses for commercial hatcheries, _.

Licenses for shad seines - -

Property sold -

Confiscated flsh and devices sold,

100 00

72 20

126 00

2 76

$6,297 27

26

REPORT OF THE

Off. Doc.

No. 21.

DEPARTMENT OF FISHERIES.

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I

WOKK IN THE HATCHERIES.

An unusual amount of work was accomplished on the diflferent
hatcheries. Numerous improvements were made, which will, in the
near future, augment the output of fish. Several buildings were
erected, among them two new hatching houses, one new assistant's
dwelling house, one enlargement of a dwelling house for a Superin-
tendent, battery capacity increased by nearly 300 jars, three ice houses
built and one meat house, one large bass pond constructed, a huge
perch pond started last year nearly completed, two trout ponds as
large as the earlier bass ponds built, more than a dozen trout ponds
for yearlings and two-year-olds constructed and several fry ponds for
warm water fish. An additional plot of ground with a dwelling house
for use of Superintendent was also secured.

The two new hatching houses will enable an increased output of
trout by nearly 5,000,000. The increased battery capacity will make
possible an increased output of more than 200,000,000 food fish like
lake herring and white fish, and at least, if not more, of game fish
like pike-perch, pickerel and yellow ])erch. The increased number of
trout ponds will add, in the near future, about ll',000,000 trout eggs,
perhaps more. The new bass pcmd will add uiore than a half million
bass to the annual outi)ut. The new Assistant's house will enable the
Department to have an additional man (m the hatchery where it is
located at all times, night and day, ready for call instead of his being
more than a mile from his work. The new ice houses will save a heavy
annual purchase of ice for use when shippinir fish. These improve-
ments were all made at the cost of |10,000. The new trout ])onds at
two of the hatcheries were built of concrete. At the third, wooden
sides were used for immediate economy, rendered necessary through
the small amount of money available an<l the ]»r()mpt completion of
the ponds needed to accommodate stock on hand.

The foregoing is classed ns new work. In addition many old
ponds were repaired and their capacity increased, grounds were
graded, trees set out, the i>roperties otherwise made more sightly for
visitors, and, in one instance, electric lamps were installed for the
purpose of lighting the grounds and hatching house at night.

COKKY HATCHERY NO. 1.

The work of restoring and enlarging the capacity of the trout ponds
at the Corry Hatchery was continued during the year and nearly
completed.

Corry Station is the oldest in the State. It was established at a
time when fish culture was yet, comparatively speaking, in its infancy
in the United States. Little was known at the time of pond construc-
tion beyond digging a hole in the ground and filling it with spring
water, providing for an inlet and an outlet. As a cimsequence, the
ponds at the Corry Hatchery are of all shapes and sizes, located here

28

REPORT OF THE

Off. Doc.

and there over the grounds without much regard to economy of space
or the best utilization of the water. The sides were boards without
even precautions having been taken to paint them with asphaltum.
The character of the ground is soft and damp. In course of time the
boards began to rot and were pushed out of alignment until finally
there was not a pond out of the some fifty on the proi)erty that would
hold half the proper number of fish. There being very little money
available by the old Fish Commission, the place, when it passed into
the hands of the Department of Fisheries, was in a dilapidated condi-
tion and almost an eyesore. As soon as possible I began work of re-
construction, which was more difficult than the building of a new
place. Fortunately, the superintendent is a man of knowledge and
intelligence. The lines of the ponds were redrawn, walls constructed
of concrete or tile, or both, and a proper drainage system installed.
At the close of the year the reconstruction of the old grounds was
practically completed, and, with the exception of walks and drives,
the grounds have an attractive and trim appearance. The ponds,
which in their days of dilapidation did not hold more than 50,000 or
00,000 trout of all sizes, now have the capacity of more than three
times those numbers.

In addition, on a piece of ground purchased in 1008, a pond nearly
two hundred feet long and eighty-five feet wide and five feet deep has
been built to hold trout of three-year-old and over. Tt has been found
that the ordinary trout ponds found on Government Hatcheries, State
and National, are not large enough to carry many fish of that age. To
insure health and prolongation of life at least one large bodv of waiter
has been found almost essential. The new pond at Corrv it is believed
will carry 15.000 or 20,000 trout of thrpe-year-old and over. Assuming
this to be correct, this one pond alone should add close up to 5,000,000
eggs to the capacity of the Corry Station bv 1011. The capacity this
yenr was about 5,000,000 eggs.

Tn addition, two of the three ponds built several years ago on the
Corry TTatrhery for experimental work in bass culture were over-
hauled, reT)aired, redesigned for catfish culture, the only other fish
than trout to be propagated at this station. No diseases'of anv kind
attacked the fish during the vear.

EIJIE HATCITEKY NO. 2.

The Erie Hatchery is the second oldest fish hatchery property in the
State. It is also the smallest in area. It is situated" on the corner of
Second and Sassafras streets in the city of Erie, and until this year
was only 80 x 80 feet. An appropriation bv the Legislature enabled
me to purchase an additional property about the same size, with a
frame dwelling erected thereon. The purpose of the purchase was to
provide a dwelling place for the Sui)erintendent so that he could be
on the property at all times when needed. This is a matter of verv
great importance as there are periods when it would be dangerous for
the Superintendent to be absent or far awav either night or dav It
was the only property that did not possess a Superintendent's

No. 21.

DEPARTMENT OF FISHERIES.

89

The Erie Hatchery is designed exclusively for the propagation of
lake fish like white fish, lake herring, pike-perch, blue pike and yellow
perch, and is fitted up with two batteries having a total capacity a
little less than 550 jars. As the building itself was constructed about
thirty years ago of frame, it is, through constant dampness, in an
advanced state of decay, and, as its capacity is less than the require-
ments of the time only the most urgent repairs were made because a
new building of a more permanent type and greater capacity will be
required very shortly. To accommodate a larger building it will be
desirable to purchase another adjacent property. The new hatching
house should be able to accommodate at least three batteries with an
aggregate capacity of 1,500 jars and tank room enough to hold the
millions of fish which the jars can accommodate.

BELLEFONTE HATCHERY NO. 3.

Very many improvements and extensions were made at the Belle-
fonte Hatchery and to-day it probably ranks among the largest for
stock capacity in the United States. It has more than sixty ponds
of different sizes conveniently arranged and with a perfect drainage
system. The ponds are built of concrete and are splendidly adapted
for the rearing of trout. Nearly 5,000,000 eggs were taken from the
stock this year and a number of new ponds having been constructed
the take should be appreciably increased next year. The one hatching
house erected in lOO:? has been for two years insufficient for the proper
rearing of trout for distribution. A new building was, therefore,
erected this year ca])able of carrying about 3,000,000 fish to the age of
three to four months. It is one hundred feet long and forty feet wide
with the troughs so arranged that no more water is consumed by the
two houses than was formerly necessary for the one house. The
building is of frame, set upon concrete walls and has a concrete floor
with an ample sewerage system. A large reservoir to supply water to
turn the wheel which onerates the meat grinding machine was also
built. By the construction of this reservoir it is now possible to grind
in one hour meat sufTicient to feed the fish which formerly required
three hours by hand labor.

The construction of about five more ponds of the usual size and one
large pond for three-year-old trout will complete one section of the
Bellefonte Hatchery. These ponds, it is hoped, will be finished next
summer so that a beginning may be made in pond construction in the
second section of the property in 1011. The water supply at the Belle-
fonte Hatchery was diminished by several hundred gallons per minute
through the drought, but the quantity remaining was ample for the
operation of the station and at no time was the danger point reached.
I am expecting a further diminution in 1010 in the water supply at
this station owing to the drought this year and last, but I still believe
the supply will be sufficient for all purposes.

30

REPORT OF THE

Off. Doc.

! )

WAYNE HATCHERY NO. 4.

I regret to say that the drought practically put the Wayne Hatch-
ery out of business this autumn, and the outlook for trout work, until
normal conditions return or an additional sui>ply of spring water can
be added, is not encouraging. The hatchery has a spring, which, under
ordinary ccmditions, Hows about four hundred gallons of Avater
per minute of a temperature of 4G degrees the year round. In addi-
tion there is a stream (the headwaters of the Lacka waxen) which, in
ordinary low water, would fill a IG-inch pipe. On ihe 30th of No-
vember the spring had diminished to about ten gallons of water a
minute and the stream would not fill a four-inch pii)e gravity flow.
As these conditions appeared about the first of September there was
not sufficient water to keep the adult trout healthy. The water tem-
perature rose, the fish contracted fungus and hundreds of them died.
The few which survived were too weak and in such poor condition that
when spawning time arrived the eggs proved to be no good and the
milt without fertilization ])ower. Eggs were secured by a gift from
the Paradise Brook Trout Company, but although more eggs could
have been secured it was not safe to put into the hatching troughs
more than 1,()()(),0()(). On account of the low water in the spring and
stream and the possibility that a normal sup])ly would not be had
from the foiiuer for at least a year or two, I decided to drive a deep
well in the ho|)es of securing water, either as an artesian or by pump-
age. It is reascmably supposed that when this well is comjileted, as it
will be before the first of January, by this means a steady supply of
about one hundred and fifty gallons ])er minute will be secured. This
amount should be obtained at a deptli not exceeding two hundred and
fifty fcK^t, as other wells in that neighborhood have yielded that
amount. There is little hope that a flowing well will reward the
effort. Should ])umpage be necessary the well will not be available
until 1011 and after numey has been secured to install a pumping
apparatus.

A luige ])ond, covering nearly two acres, for brood yellow perch was
started on this property in 1J)08. Water was introduced in the au-
tumn although notwithstanding it was not nearly finished and from
it about 25.()()(),()0() ])erch eggs were taken this s])ring. As soon as the
spring distribution of the hatchery was over the brood fish were trans-
ferred to another pond, the water drawn off and construction resumed.
Although efforts were made it was not comi)leted by the time frost set
in, about six Aveeks' work being still required to finish it. The pond is
about one-tenth of a mile long and is from about eighty to two hun-
dred feet Avide. Its greatest depth will be ten feet in the kettle and
about three feet in the shoals. It Avill have a capacity for about 200,-
000,000 yelloAv perch eggs Avhen completed or about the annual output
of all the hatcheries for that fish.

No. 21.

DEPARTMENT OF FISHERIES.

31

TOKUESDALE HATCliEllY NO. 5.

Torresdale Hatchery No. 5 is nearly comjjleted as far as ponds and
drainage is concerned. There remains only to b(» dcme the landscape
engineering and the replacing as nearly as may be practicable the
I>resent unsightly hatching house Avith erne more up to date.and ornate.
Through the courtesy of the Director of Public Safety the Superin-
tendent of the hatchery, .Mr. Ihukhous, Avas enabled to utilize labor
from the House of Correct iim in the ((mstructicm of pcmds and the
coiiij)letion of the imiMirtant drainage system. Through the laying of
very large terra cotta ]mjk's froui the ujiper end of the sturgeon pond
to the river all danger of floods from the stream which tloAvs through
the ground has been eliiuinated and a more i>erfect ccmtrol over all the
ponds in the place has been the result.

Electric lights AA'ere also installe<l. This became necessary oAving to
the nund)er of predatory night birds and the incursions of' some ccm-
scienceless persons who, on two or three occasions, succeeded in sein-
ing the bass pond and getting away Avithout being captured. The
lights Avere also badly needed in the liatching house to replace the dim
oil lamps which have been there for years.

Three new large ponds were built to meet the groAving demand for
catfish and some other Avarm Avater species. The outjnit from the
hatchery was 15G,S01,182, an increase of 47.(100,000. The most impor-
tant addition to the out])ut at the Torresdale Hatchery was in shad.
There Avere about 5,500.000 more than the i)revious year.

OAving to the character of the pcmd and some other constructions it
was deemed best to abandon the cultivation of small mouth bass at
this hatchery and for the Superintendent to devote his attention ex-
clusively to the projjagaticm of the large mouth. This decision Avas
aided by the curious fact that the aj)i)lications for large mouth bass
from that secti^m of the State is greater than for small mouth.

EIHE AUXILIARY HATCHEIIY NO. 6.

The outimt from the Erie xVuxiliary footed up 103,034,300. The
most imj)ortant Avork, though ])erha])s not the largest at the Erie
Auxiliary, commonly called the Union City Hatchery^ Avas in the rear-
ing of small mouth bass. The Superintendent, :Mr.' A. O. Buller, has
developed great skill in the propagation of this species of fish and this
skill is evidenced by the fact that from 10 nests he reared 50,000 fish to
a size fit to be shijiped.

At the close of the previous year a battery house was erected and
that Avas put in oi)erati(m on the second of December, it carrying sur-
plus lake herring and Avhite fish eggs, and in the spring nearly 00,000
])ike-perch eggs and also many million yelloAV perch and pickerel eggs
fi'om the field in Wayne county. Through these A-arious means the
out])ut of the Erie Auxiliary Avas increased from 20,000,813, in 1008,
to 103,634,300 in the present year.

32

REPORT OF THE

Off. Doc.

h ;

Much satisfactor}' experimental work, especially with black bass
and snnfish rearing, was conducted by the Superintendent, chief
among which was a fair determination of the extent of cannibalism
among small mouth bass in one year. In Sej)tember 1,000 fish of this
species, averaging about three inches in length, were ])laced in a pond
about one hundred feet square. Although tliey were fed regularly and
a generous supply of small minnows in addition put in this pcmd,
wlien it was seined in the spring there were but 47J) bass left. More
than half had been devoured. This was in the month of April. Early
in August the ]>ond was again nette<l and only 2S'^ bass were found,
nearly two hundred having been eaten in three months. Altogether
there was a loss of 717 fisli out of 1,000 in less than one vear.

In addition to the regular hatchery work, the giounds of the sta-
tion were graded, retaining walls built in the stream which flows
through the property, trees ])lanted and other improvements made,
which makes the station to-dav one of the very attractive hatcheries
under the control of the Department.

CRAWFOKI) llATCIIERV NO. 7.

Possibly the greatest number of improvements were made at the
Crawford Hatchery. The pond area was ])ractically doublcMl, new
buildings erected and a com])rehensive <lrainage systeui, began with
the establishment ai' the hatchery, was linished so far as the first
section is concerned. With increased ex])erience it became evident
that ]>()nds which had previously been constructed for black bass
rearing were as large as they should be to ol)tain the best results.
Plans Avere thei-efore drawn for ouo on this station to occupv nearlv
two acres. This building required three months and five days and
cost |!S20.(r). and nMjuired the moving of 9.1:>0 cubic yards of earth.
It is estimated that it should have a capacity for hatching at least
a quarter of a million young bass. The output of the staticm was
91,.S85,000, while most of these were walleyed ]>ike, yellow ])erch and
pickerel, the most important out])ut was 00,500 black bass pi-oduced
from 2.3 nests.

For the seccmd time a small spring run flowing at right angles
through the grounds and emptying into Conneaut Lake outlet creek
went dry on account of the drought. This stream which easily fills
a four inch pipe, under pressure is depended ui)on to o]»erate the bat-
tery hatching house, as a consequence it was impossible this year
again to hatch any white fish or herring eggs. While the drought
also affected the supply from Conneaut Lake outlet creek, at no time
was there danger from a lack of water. Much time was ex])ended by
the improvement of the grounds, grading, sodding and otherwise beaii-
tifving.

No. 21.

DEPARTMENT OF FISHERIES.

33

SPRUCE CREEK HATCHERY NO. 8.

While the drought diminished the supply of water in the spring
there was more than enough for the use of the hatcheries. Indeed,
some new springs have been discovered which promise to add mate-
rially to avail si)ring water, perhaps enough to furnish another hatch-
ing house. Certainly enough to supply a large trout p(md covering
three-fourths of an acre built during the year.

The specific purpose of this jxmd is for lake trout, it having been
found that this species require i)lenty of room in order to reach nor-
mal size. Four years ago it was i)lainly seen that the successful gath-
ering of lake trout eggs from Lake Erie was uncertain, storms and an
indifference on the part of fishermen to hunt for this particular
si)ecies making it very uncertain whether any quantity of eggs could
be secured. It was then determined to rear enough fish in the trout
hatcheries to produce at least two million or three million eggs.

On the establishment of the Spruce Creek hatchery it was selected
as one of the places adapted for raising lake trout on account of the
great abundance of water. There are now several hundred four-year-
old fish which will sjjawn next year, and it was to accommodate these
and others coming cm that the large pond already noted was built.

The output of fish at Spruce Creek was the smallest of any hatchery
in the State, it being only 585,025, of which 510,:i2r) were brook trout.
The Superintendent experienced considerable trouble with his eggs,
rearing very little over 50 per cent, of those laid down. Some of the
trouble was with the eggs themselves received from outside sources,
but tlie chief cause was undoubtedly due to the Superintendent's lack
of familiarity with the water itself.

In addition to the large lake trout pond there were constructed at
the Spruce Creek hatchery during the year 10 ponds for trout, GO feet
long and 22 feet wide each, and, although the station is only three
years old, it now contains 1,400 four-year-old trout, 2,000 three-year-
olds, 0,000 two-year-olds, 4.500 yearlings and, in addition, 2,000 two-
year-old trout, 2,000 two-year-old lake trout, 2,000 yearlings and 1,500
yearling brown trout and 7,000 silver salmon nine months old.

FIELD WORK.

Our field work has reached huge proportions. Of the more than
one billion fish hatched at the various stations fully nine tenths are
from eggs secured by field work. All of the white fish, pike-perch, her-
ring, shad, blue pike and pickerel were obtained in this manner and
all but about ninety millions of yellow perch eggs were from the same
source. To and including 1000, all of the Avhite fish eggs, excepting
three millions in 1000, came from the Ohio end of Lake Erie through
the United States Bureau of Fisheries, the State paying the pro rata
cost of gathering. This year all the fertile white fish eggs were gath-
ered bv our own field men in Pennsvlvania and Canadian waters.
3—21—1909

34

REPORT OF THE

Off. Doc.

I t

This extension of the work was fortunate since owing to climatic
and other conditions the eggs gathered from Ohio waters this year by
the United States authorities were all bad. Field work is, therefore,
to-day the most important division of the Deparlment's work and,
apart from the labor of gathering the eggs, is inexpensive. With
sufticient money we could double the (pmntity of eggs to-day put in the
hatching house without increasing the cost of hatching to an appre-
ciable degree and without any burdensome cost of extending the hatch-
ing house. Any increase in this work is of importance since every egg
gathered from the connuercial nets is an egg saved froui destruction,
and 95 per cent, of the eggs gathered when naturally deposited are
saved from loss.

Our appropriation for field work ought to bo doubled. As an illus-
tration of what couhl be done by increasing the approj)riation, it
might be noted that every white fish, lake herring and blue ])ike fishing
grounds in Pennsylvania waters and Canadian waters from the ex-
treme eastern end to a point nearly ()])])osite Cleveland, Ohio, could
be handled by the Department of Fisheries. This year it was only
j)ossible, under the appropriation, to handle a i)ortion of the fisheries
at Nanticoke and Port Stanley, Canada, in addition to tlie Erie fishing
grounds. Although we had the freed oui of it. we were unable to enter
and take any eggs from either tlie Ashtabula or Cleveland, Ohio,
grounds. Our field work in the northeastern ])art of Pennsylvania
has been necessarily confined to less than twenty lakes out of nearly
three hundred. With $10,000 we could do what T have stated on Lake
Erie and, in addition, cover nearly one hundred lakes in Wayne and
Susquehanna counties and raise our outi)ut fivefold. We ccmld, more-
over, increase the (mtjmt of black bass at least that much.

No. 21.

DEPARTMENT OF FISHERIES.

35

FISH CAR.

The State owns a car for the triinsporiaticm of fish to applicants.
It was built on the lines of a ]>assenger coach with the weight and
general character of a Pullman, but, instead of seats, was fitted up
with tanks and space for cans and with ice chests, even sleei)ing
berths and kitchen. Owing to a lack of sutficient a])pro])riation it has
not been possible to operate the car excessively, and last year it made
but one trip.

Arrangements have been made with the various raili-oad companies
by which it can be made use of more frequently in 1010. The outimts
from the various hatcheries have reached such a point that it is now
rather difficult for the fish to be carried in the baggage cars withcmt
interfering with the business of the railroad comi)anies, and, indeed,
the baggage car service is entirely insufficient to move the fish from
the hatcheries to the ap])licants ra])id1y and economically even with
the railroad companies carrying the fish as they do, without any
charge to the State.

Fifty cans of fish is the limit originally allowed to be carried in
the baggage car. It very frequently ha])i>cns that on a single route
there are to go from two hundred to two hundred and fifty cans, or
often more. In consequence of the limit to 50, that means that three

or four or often more trips are necessary with the additional carfare.
If the car were run, from three hundnnl io three hundred and fifty
cans could be sent out at one time. It will, 1 believe, be necessary be-
fore very long to entirely revise our method of shipping fish; that
while we may use the baggage cars as heretofore, the bulk of the fish
will have to go out in cars specially built for them. One new fish car
is therefore urgently needed and it is advisable that there be a third
before manv vears.

The car now owned by the State will need some few repairs. It is
kept in a barn especially built for it on the P.ellefonte hatchery.

THE COMMODORE PEKKY.

The steam tug built for the Department of Fisheries for use on Lake
Erie has proven to be invaluable. By its use illegal net fishing and
larceny of fish from licensed nets have become exceedingly rare. It
has also secured fish and fish eggs more readily and accurately than
was before possible. In addition to its usefulness to the Department
of Fisheries the "Conmiodore Perry'' has performed invaluable service
in other directions. Through its use two disabled vessels were saved
from loss and their crews from death and the captain and crew have
proven themselves heroes. In April a terrible storm swept over Lake
Erie while many tugs were on ihe fishing grounds. All hurried to
port with the exception of three. Two were seen and were evidently
disabled. Notwithstanding the fury of the tempest Captain Driscoll
and his crew drove the Commodore Perry out into the raging lake and
succeeded in bringing in both without the loss of a single man. To do
this two trips were necessary. The third vessel, which was the fishing
tug "Floss,-' with Captain William Parry and six men, could not be
seen and before the storm abated the staunches! boats, headed by the
"Connuodore Perry' went out in search of her. The "Floss" was
finally located sunken and a week or two later the "Commodore
Perry" found the body of one who had been aboard her. The re-
maining unfortunates were afterwards found by other boats. The
conspicuous bravery exhibited by Captain Driscoll and his crew in
venturing out into what was conceded the most furious storm on
Lake Erie in many years, and the success in saving two boats and
their crews, excited general admiration even among the sailors of the
Great Lakes, where heroism is common, and the Board of Fishery
Commission at its June meeting adopted resolutions expressing their
appreciation of the bravery of these employees of the Department of
Fisheries, and the resolutions were presented to Captain Driscoll by
His Excellency, Governor Edwin S. Stuart.

Bv this storm the staunchness of the "Commodore Perrv" was
ami)ly demonstrated.

During the early spring the "Commodore Perry'' made one impor-
tant seizure of nets in Lake Erie. They belonged to a resident of New
York, who was fishing them without having paid a license, and the
n(!ts were likewise of illegal mesh. The owners and operators escaped
with their vessel, but the nets were captured and destroyed. There
were found in the nets eight hundred pounds of blue-pike and these
were distributed to the following public institutions:

t

* I

36

REPORT OP THE

Off. Doc.

Hamot Hospital, Second and State streets, Erie, Pa.
St. Vincent's Hospital, Twenty-fourth and Sassafras streets,
Erie, Pa.

Home for Friendless, Twenty-second and Sassafras streets,

Erie, Pa.

St. Joseph's Orphan Asylum, East Third street, Erie, Pa.

St. Mary's Home, Twenty-tifth and Ash streets, Erie, Pa.

Old Ladies' Home, Sassafras between Twenty-second and Twenty-
third streets, Erie, Pa.

Lutheran Home for Aged, Twenty-second and Sassafras streets,
Erie, Pa.

Villa Maria Academy, West Eighth street, Erie, Pa.

Although occurring after November 30 Ih, I feel that I ought to here,
while the subject is fresh, add another splendid achievement of Cap-
tain DriscoU and his crew with the "Commodore Perry." On Tuesday,
December 7th, the car ferry, Bessemer and Martiuette No. 2, belonging
to the Bessemer Bailroad Company, left Conneaut, Ohio, in the midst
of a great storm and started on her trip across the lake to Port Stan-
ley, Canada. The vessel was nearly four hundred feet long and c<m-
sidered staunch enough to outlive the most violent tem})est that Lake
Erie could produce, yet at some point, probably through an accident,
the boat foundered.

There were '^jS persons, passengers and crew, on board, and all lost
their lives. Among the passengers was Mr. Albert .1. Weiss, treasurer
of the Keystone Fish Company of Erie. The car ferry not appearing
at Port Stanlev within a reasonable time alarm was felt for her safety
and a number of the staunchest tugs (m Lake Erie were sent out from
Erie and Conneaut in seiuh ol her. Tlie storm was still heavy and the
temperature below the zero point, and, in fact, a bli/zard was raging.

Among the tugs which were engaged in the search was the "Commo-
dore Perry," and after the lajjse of about forty-eight hours Captain
Driscoll ran into ccmsiderable wreckage, including hatches, chairs,
tables and other articles from the car ferry. On Sunday morning,
December 12th, about 11 o'clock Captain Driscoll sighted a dark
blotch far out on the waters, which, on nearer a])proach, turned out
to be a green ten-uian lifeboat heavily laden and lying low in the
water. Sitting and lying in this boat were nine dead men. The bodies
and clothing were frozen stiff.

The sea was running so heavily that it was impossible to transfer
the bodies to the "Ccmnnodore Perry" and after much diflicul ty and
danger the boat was made fast by a towline. The "Commodore Perry"
was then headed for Erie with flags floating at half mast. The sea
rolled the Perry and the boat with its gruesome burden heavily, and
the one deck hand was forced to use a ]>ik(^ i)ole steadily to fend the
yawl from the Perry and keep her right side uj). The bodies after-
wards were identified as residents of Conneaut, Ohio, and members of
the illfated car ferry. I was notified by telegraph of the disaster and
of the finding of the bodies.

T brought the matter to the attention of the Board of Fishery Com-
missicm and it directed me to express to Captain Driscoll and the
crew its a]>])reciation of their heroism and to make a record thereof
in the annual rei)ort. The following was sent in accordance therewith
to Captain Driscoll and the crew and delivered by Commissioner John
Bamberger, with proper formality:

No. 21.

DEPARTMENT OF FISHERIES.

37

To Captain Jerry R. Driscoll and Crew of the Counuodore Perry:

Greeting: The Board of Fishery Commission has directed me to
express to ycm. Captain Driscoll, and to your crew, its high apprecia-
tion of the splendid services rendered during the year with the Com-
modore Perry. On several occasions you and your crew heroically
took the Department's vessel out during stormy weather in the cause
of humanity, saved a number of human lives and boats, and found
and brought in bodies of those who had lost their lives in the tempests.
The latest feat of recovering nine bodies of those lost by the sinking of
the illfated car ferry is a brilliant climax to a year's record to yourself
and crew and gives lustre to the work of the Department of Fisheries.
The Board of Fishery Conuuission here expresses its profound grati-
fication in having men of your stamp in the employ of the Department

of Fisheries.

W. E. MEEHAN,

Commissioner of Fisheries,
l*resident of the Board of Fishery Commission.

Harrisburg, Pa., December 25, 1909.

The exploit of Captain Driscoll and his crew was considered of such
a high character that the Councils of Erie unanimously gave him and
crew a vote of thanks by resolution entitled, "A resolution of thanks
to Captain Driscoll and crew of the l*ennsylvania fish tug, the 'Com-
modore Perry,' for saving lives and property." The following is a
copy of the resolution and the minute as recorded cm the journals of
the Select and Common Councils of the City of Erie:

"Kesolved, by the Select and Common Councils of the City of Erie,
That the thanks of the citizens of Erie be, and they are hereby ex-
tended to Captain Jerry Driscoll and ilie crew of the Pennsylvania
Fish Commissi(>n tug Conunodore l^erry for the valuable services ren-
dered duriug the fall season in saving lives and valuable property
owned by the people of Erie and other lake j>orts, such bravery and
heroism is worthy of the highest comuiendation.

Select Council adoi)t unanimously and direct Clerk to forward
copy and accompany same with letter. December l.'i, 1909.

Same date, ComiiKm Council c(mcur unanimously.

Api)roved December KJ, 1909, M. Liebel, Jr., Mayor.''

The res(dutions, after being signed by the Mayor, were forwarded by
the City Executive to Captain Driscoll accompanied by a letter, of
which the following is a copy:

"Jeremiah A. Driscoll, Captain tug Commodore Perry of the Penn-

svlvania State Fisheries Commission.

Dear Sir: In enclosing you a copy of a resolution ])assed unani-
mously by the councilmanic bodies of the city of Erie, and which I
had tiie pleasure of api)roving, 1 take occasion to congratulate you
upon the many hardships you suffered, the risks you ran, the grand
heroism you displayed and the eu<luring fame you have won by your
noble, seif-sacriliciug elVorts to save human life and property on tem-
pest-tossed lake Erie during the seas(m of 1909.

Great praise and the ecouiums of a generous people are most justly
due James Dailey and Lawrence Scully, your efficient and faithful
crew, for so willingly braving every danger for so valiantly aiding you

38

REPORT OF THE

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in the good work of finding and rescuing hapless victims of the stormy,
treacherous waters.

I am proud to be able to subscribe myself one of your friends and
admirers.

Very truly yours,

(Signed)
Erie, Pa., December 24, 1900.

M. LIEBEL, JR.,

Mavor."

The above resolution and letter are included in (his repcu'l because
I feel that the words accorded therein are merited an<l deserve the
widest publicity.

FISH EXHIBIT.

The Agricultural Society of Crawford c(junly, which holds its an-
nual fair at Conneaut J^ake, decided in IDOS to add lo its attractions
an exhibit of live tish. The manageuient furnished tanks and a build-
ing and the Department furnished lish froui the Crawford, Corry,
Union City and Erie hatcheries. Although the tanks were very small
and the number of lish limiied the exhibit attracted very great atten-
tion from the visitoi's. The l>uilding was crowded nearly all the time.
The exhibit was so successful in fact that the management this year
built larger tauks better adajned tor show })ur]>oscs aud a greater
number. The Department very heartily co-operated and furnished the
necessary fish. There were small mouth bass, rock bass, catfish, calico
bass, rainbow trout, brown trout, brook trout, two sjiecies of sunfish,
yellow perch, two species of carp, goldfish and several species of cat-
fish, gar and muscalonge. The exliibil was the feature of the fair.
The l)uilding in which the tanks were situated were crowded to such
an extent that frequently guards had \o keej) the i)eoide in line so they
could all see the fish.

Exhibiticms of this character are very valuable educati(mal]y and
should be a feature of every agricultural fair. 1 1 illustrates the impor-
tance of the larger cities each establishing an aquarium similar to the
one in New York City.

THE DROUGHT.

The water situation is so grave that it may well excite alarm
throughout the State. Last year the western half of Pennsylvania,
the northern and northeastern counties and some of those in the east
central part of the State were visiled by a drought, the like of which
had not been known in the mcmoiy of man and for which there was
no record. Large streams dried and ordinarily unfailing wells lost
their su]q>ly and many si)rings utterly failed. This year the drought
was transferred fi-om the western to the eastern ])art of the Common-
wealth, and in the latter part of the year included the northeastern
counties that had suffered in 1908. Last September Chief Bliss, of
Philadelphia Weather Bureau, issued the following statement:

No. 21.

DEPARTMENT OF FISHERIES.

39

"In the Delaware basin and all of the Susquehanna basin except a
few southwesiern counties and a few localilies along the northern
border, the observers nearly all agree that July and August of this
year have been the driest within their memory. W ells and springs are
going dry and nmny people are compelled to haul water long dis-
tances. The ground in some places is dry to a depth of four feet and
more and the leaves of the trees are drying and tailing prematurely.
The soil in some places has dried loose and dusty, while in others it is
so hard that plowing is impossible.

*'Jn most places east of (he Suscjuehauna river the water supi)ly for
slock and household uses is already as low as it was at any lime last
fall. Berks county appears to be the centre of the drought stricken
district and couditicms seem to improve slowly in all directions there-
from.

"It is not the policy of the chief of bureau to furnish crop statistics
of any kind, but it is an inevitable c<mclusion from the above state-
ments that vegetation of all kinds is in a deplorable condition and late
pasturage' is very short and inferior.

"In response to a request for a detailed description of the drought
many of the observers in the Ohio basin and in the southwestern por-
tion of the Susciuclianna basin wrote as if they wondered what
drought was meant and several of them staled that some damage was
m ted during .lune and -hily, but conditions are now fairly good.

"The manager of the Western Water Company at Greensburg writes
that because surface conditions are favorable lew people realize the
ellect of the drought on the water supi)ly. lie siates that liie shortage
of last year is now becoming noticeable in the deep wells, many of
which furnished plenty of water throughout 1908 and are now

going dry.

'This conditicm aiqjlies to the very deep wells only. The same thing
is noticeable in many of the streams that are fed chie/ly by sjuings
which are running low or are entirely dried up. The river and larger
branches are jilso low owing to the condition of so many si»ringfed
streams, but the larger streams have c<msideral>ly more water at this
time than last year.

"The situation which becann? so serious and caused so much sutfer-
iiig in the western part of the Slate last year, is being du])licated to
an alarming extent in the eastern half of the State this year. The
situation is worse this year than it was last year. In 19(i8 the defi
ciency in Atigust's rainfall in the eastern half of the State did not
show its ellect until the end of the month, and, therefore, did not in-
jure vegetation. This year the reverse is true. The rainfall for Au-
gust of this year was about one inch below nonnal in the Ohio basin.
The showers were timely and well distributed and, except in a few
localities, the conditions were favorable.

"In the Sus<iueiianna basin the shortage for August averaged more
than two in<hes. making 4.50 inclies deficiency since Julv 1st.

"In the Delaware basin the August rainfall was less than one-third
the noi-mal amount and very unevenly dislribut<'d. As a result a few
localities i-eceived moderately heavy rains while in the greater ]>orti(m
of the basin the situation is becoming alarming. The average defi-
ciency for the month was about .3.2.") inches, making a total shorta«»-e
since July 1st of nearly six inches or about 05 per cent."

40

REPORT OP THE

Off. Doc.

The conditions Mr. Bliss set forth in his statement early in Septem-
ber remained with very little change to the end of the year. It is true
that there was a fairly heavy and general rainfall throughout the
State the second week in October, but the ground was so badly
parched, deforestation so general that it is doubtful whether the rain-
fall was of any lasting good.

Even if rainfall should be abundant or snow should be heavy during
the winter and the meteorological conditions normal the etfect of the
drought of 1U08 and W0\) must be felt in the deep springs and sprin*'-
streams for three or four years to come. The etfect cm the deep
springs and spring streams was more noticeable this year in the
western part of the State than while tlie drought was prevalent. The
two years in the northern and northeastern counties is already ex-
hibited and some of the springs which still furnished water this year
are likely to be dry next year.

Such a state of atfairs must prove a setback to the fish cultural
work of the State. Every spring and every stream on the State hatch-
eries have been greatly atfected. Last year a small stream at the Con-
neaut Lake Hatchery dried up and remained dry until early this
autumn, excepting for a brief period in the spiing. Que spring at the
Corry Hatchery yielded only a dribble of water, another remained
unatlected and a third was slightly reduced. The stream supplyin"-
the ponds at the Union City Hatchery at one time fell almost to dan"^
ger point and the ci'eek tlowing through the \\'avne Hatchery was re-
duced to about one-half in volume. The spring at the Spruce Creek
Hatchery, the two springs and the ci-eek at the Hellefonte Hatchery
and the small spring run at the Torresdale Hatcherv did not appeal-
to have their How diminished in the slightest degree.' The lar«re creek
flowing through the Crawford Hatchery did not appear to be atfected.
This year that stream was reduced in size one half. The sprino- at the
Spruce Creek Hatchery fell from 2,0(10 to 1,500 gallons a minute and
the supply at Spruce Creek was greatly lessened, but the sprincr run
was more than sutlicient for the needs of the hatcherv. The sminos
at liellefonte and Logan llranch were each reduced 'about one-haff
The spring at the Wayne Hatchery dwindled from 400 gallons of
water a minute to 10. The normal supply of water in the Lackawaxen
creek, which Hows through the grounds, would fill a Kl-inch pipe in
the summer months, but on the 1st of October a four-inch pipe wcmld
have been more than sufficient to carry olf all that flowed throu<di the
creek at one time. As a conscnpience, disaster overtook the hatcherv
ao save the yellow i)erch and other warm water fish the supplv from
ail the ponds, except the bass ponds, was cut oft' and the fisirtrans-
lerred there m one family with probable death to some of the smaller
specimens through cannibalism. Even with this reductiim in the
number of ponds there was not sufiicient water from the Hin-in^r and
the creek to supply the trout ponds and keep the old fish healthv'' The
temperature ran up and hundreds of two-vear-old and three vear-old
trout contracted fungus and died. Not more than 500 fish survived
and these were so weak that the eggs were worthless. Fortunatelv
the yearlings were able to survive so that the trout stock at this hatch-
ery of the two-year-old or brood fish will be fair next vear, providin^r
a further sui)ply of water can be secured. To accompli'sh this it is mv
purpose to drive a deep or artesian well on the Wavne Hatcherv
grounds. Owing to the drought in the northe-xstern part of Penn-

ScaU

-L

3

J-

• » 0 • t

< » • I

» *< • J l 3 >

No. 21.

DEPARTMENT OF' F^fJHERIE^S*

41

sylvania, especially in the Wyoming Valley' ni^d Wayne and Lacka-
wanna counties, individuals, water compUnijes'^ and i.ijinuta;jlurers
have been obliged to resort to this method ot' replenisking Iheif' water
supply.

1 am looking for a still further reduction in the water supply from
the springs at the hatcheries next year and can only hope that I will
be mistaken. We could stand a further loss at the Spruce Creek
Hatchery and perhaps at Corry, but we couldn't stand a loss at
Bellefonte, which is the largest trout station in the United States,
requiring 400 gallons for the hatching houses and over 3,000 gallons
for the ponds. It is doubtful whether at present the total supply is
over 5,000 gallons.

In the localities where the drought prevailed with greatest severity
in 1908 the three-year-old and two-year-old trout suffered severely,
especially the former. The yearling trout and the fingerling trout
sutfered very little. The result was that this spring the streams con-
tained an abundance of two and one-year-old lish, or fish from five to
seven inches in length, and a few three-year-old or fish from seven to
nine inches in length, and very few trout of larger size. In the sec-
tions where the drought was confined this year probably most of the
old fish that survived last year were killed.

PROPOSED FISH HATCHERY AT PRESQUE ISLE.

A year ago a movement was started by certain prominent citizens
of the city of Erie to have a portion of Presque Isle Peninsula turned
over to the Department of Fisheries as a fish cultural station. The
movement met with my approval and it was fostered by the Chamber
of Commerce and the Roard of Trade of Erie. Strong resolutions en-
dorsing the project were introduced into the Board of Trade and a
committee appointed to report on the matter.

On The invitation of the ccmimiltee and the Board of Trade itself, I
visited Erie and made an address before that body and a number of
other prominent citizens, outlining the possibility of the property for
fish cultural purposes. The resoluticms introduced at the previous
meeting were unanimously adopted and the committee directed to pre-
pare a bill to be approved by the Commissioner of Fisheries and have
it introduced at the next session of the Legislature. The following
bill was then drawn and on its approval by me was introduced into the
House by Representative Shreve and in the Senate by Senator Sisson.

An Act

Providing for the Department of Fisheries of the Commonwealth
of Pennsylvania entering upon and occupying, with the approval of
the United States, certain lands on the peninsula known as Presque
Isle, in Erie county, Pennsylvania, and improving the same and the
ponds thereon, and^ establishing a hatchery thereon for the projiaga-
tion of game and food fishes; to erect buildings and structures
thereon suitable for that purpose, and to make walks and roads on
said lands, for ingress to and over said premises, and for the proper
care and maintenance of the same.

PLAX OF PFiKSCil'K TSl^K HK.VTXSTTT.A FISH HATCHERY.

,. 43

REPORT OF THE

Off. Doc.

Whereas, there are, ou the peninsula belonging to the Common-
wealth of l*eunsylv{(iiia, a»i(I known as Presque Isle, in the county of
Erie, l'.inn;iy'^'ania,'a'raij;<' number of pcmds suitable for the hatching
and propajiation of game and food tishes, such as bass, pike and mus-
callonge, some of which cannot be readily hatched by ariiticial means,
and which ponds were the natural habitat and hatching grounds of
said tishes prior to the closeure of the connections between said ponds
and the watei-s of the Day of I'resque Isle;

And whereas, by improving said peninsula and cleaning and im-
proving said ponds and stocking them with breeding fish, the Depart-
ment of Fisheries can utilize these natural breeding grounds to very
largely increase the production of game and food fishes;

Seclion 1. Be it enacted, etc., That the Department of Fisheries
of the Commonwealth of Pennsylvania is hereby empowered and di-
rected to enter upcm and occupy all that part of the peninsula known
as Presque Isle, in the county of Erie, Pennsylvania, lying and being
betwen the east line of the Erie Water Works lands and a line sub-
stantially i)arallel with and adjacent to the west side of the present
walk extending froiu Misery 15ay to Prcscjue Jsle Lighthouse, on the
north shore of sai<l i)eninsula, and improve the said lands and the
ponds thereon; and establish thereon a fish hatchery for the propaga-
tion of gauie and food fishes, erect suitable buildings and structures
on said lands therefor, and make suilabh' walks, roads, docks and ap-
proaches thereto and theriMm, as may lie deemed necessary to establish
said hatchery; and care for the ponds and the lands hereby appro-
priated, and other facilities establislte<l and maintained on said pen-
insula, for the jtro]»agalion of game and food fishes; Provided, how-
ever, that all tile rights hereby conferred u])(m the Dep'artment of
Fisheries of the Couiuion wealth of Pennsylvania shall be and are sub-
ject to the giant heretofore made to the Uniled States by the Common-
wealth of Pennsvlvania.

Approved— The 2i>nd day of April, A. D. 1009.

The bill i)asse(l both Houses unanimously.

To the il(m(»rable Arthur L. Jiates, member of Congress from the
Twenty-fiflh District, was intrusted the i)reparati(m of the necessary
final enabling bill to be introduced into Congress, and the following
is the text :

A Bill

Crantiug certain rights and privileges to the Department of Fisheries

of the Stale of Pennsylvania.

Be it enacted by the Senate and House of Bepresentatives of the
United States of America in C(mgress assembled. That the Depart-
ment of Fisheries of the State of Pennsylvania is hereby granted
the right to enter u]Km and occu]>y the following desci'ibed land of the
United States known as '*Pres<pie Isle Peninsula," in the county of
Erie and Stale of Pennsylvania, to wit, all that part of said Penin-
sula lying and between the east line of the Krie waterworks lands and
a line substantially j)arallel with and adjacent to the west line of the
lands of the Presque Isle lighthouse, on the north shore of said ])enin-
sula, and the line of the present Avalk leading from said lighthouse to
the north shore of Misery Bay. for the ]>ur])ose of estaldishing and
maintaining thereon a hatchery for the ])ro]>agation of game and food
fishes, and in pursuance thereof to improve the lands and ponds and

No. 21.

DEPARTMENT OF FISHERIES.

43

reclaim marsh lands thereon ; to construct buildings, houses and sheds
and docks and approaches from Presque Isle Bay to said lands and to
the ponds and hatchery buildings on said lands; to lay out, build, and
maintain roads and walks in connection therewith, and plant trees and
shrubs thereon for the preservation thereof: Provided, That the occu-
IKiti(m and use of the said lands for the aforesaid purposes shall in no
manner attect the right, title, and interest of the United States in and
to said lands, nor the government right of passage over and across
the lands so occupied; au<l the said Department of Fisheries of the
State of Pennsylvania shall «lo nuihing on said lands that may injuri-
ously atfect the harbor of Erie or the peninsula of Presipie Isle as a
protection for the harbor: Provided, further, That the I'nited States
shall not be liable for any damages whatsoever that may at any time
occur to the improvements of the Department of Fisheries on said
lands; and i)rovided further, that the exercise of the rights hereby
granted and the execution of any work on said lands hei-eby author-
ized shall be in accordance with such jilans and specificaticms as may
be aiq)roved by the Secretary of War and subject to such further
stipulations and conditions as he may j>rescribe.

Section li. That the right to alter, amend, or repeal this Act is
hereby expressly reserved.

Pr('S(pie isle Peninsula, many years ago an island, but Iransformed
into a peninsula by filling in the narrow sjtace between the scmthern
end and the main sIkhc is alutut seven miles long. The southern half
is very narrow, but the northeastern half widens in ])laces to nearly
a mile and a half. Starling at the western side of the city of Erie it
curves northeastwardly to a short distance beycmd Mill ('reek on the
east side of the ( ity of Erie, and then bends sharply southeasfwanlly
to within about half a mile to the main shore and thus loriiis ihe (UiIct
boundary of the magnificent harbor of Erie.

The greater ]>art of the i)eninsula is low, rising only a few feet above
the level of the lake, but over it are scattered a number of ridges from
ten to twenty feet high. About midway down the jteiiinsula are six
ponds, and these, together with a large tract of surrounding land,
have been turned over to the city of Erie to permit the ])onds, which
are known as the Chimney ponds, to be used by the city as reservoirs.

On the wide or northeasiern head of the iteninsula there are about
a dozen and a half ponds of varying size, ihe long<'st of which, named
Long iMm<l, is nearly a half mile h)ng. Other prominent ponds in that
secticm are known as Cranberry, Big p<md, Oraveyard pond, Ki<lgc
pcmd. Yellow pond, Bass ])ond and Niagara ]M)nd. All of these, with
the except icm of Bidge. Yellow, Bass. Niagara and about a half dozen
smaller ponds, it is designed to be cMiibraced in the tract it is ]>roposed
to turn over to the De[)artment of Fisheries.

Until a few years ago the peninsula was the property of Pennsyl-
vania. It was then transferred to the Uniled Slates (lovernment for
certain ]>ur])oses. The National Governm(»nt only used a small por-
tion from the centre of what is called Misery Bay to the end of the
peninsula. Here a lighthouse was built and a lifesaving statiim es-
tablished. The section now used by ilie cily of Erie was turned over
to that municipality by the Legislature with the api»roval of (^mgress.
The tract, it is intended for the use of the Department of FisluMies, if
Congress concurs, begins at the noriheastern line of the ])art con-
trolled by the city of Erie to the boardwalk which extends from

44

REPORT OF THE

Off. Doc.

Misery Bay to the lighthouse. The tract contains, it is said, between
eight hundred and one thousand acres. At present the entire penin-
sula, with the exception of that occupied by the city of Erie and the
grounds around the lifesaving station and the lighthouse, is a pri-
meval wilderness covered witli huge trees and underbrush, so thick
that in places it is almost impenetrable; poison ivy is rampant, mos-
quitoes in the summer make the place almost unbearable. Swampy
places abound and each of the ponds are surrounded by marshes.
The ponds themselves are shallow, the deepest not being more than

four feet. . . ,, . ..

A cursory view of the property would give the impression that it
would be a'hopeless task to transform this spot into a useful and in-
habitable place, but a closer view indicates the possibility of making it
a garden s])ot and of inestimable value for fish cultural work and at a
comparatively low cost. It is doubtful if more than |r^»00,000 would
be necessary* to transform the ])iesent unsightly wilderness into a
beautiful park and the ponds into superb nurseries for breeding fish
and on a scale now not dreauied of in any existing hatching station.

It would probably also solve two or three at present difficult fish
cultural problems, 'among them the successful ])ro])agation of the
fresh water sturgeon, now apparently on the verge of extinction m
Lake Erie. One of the ponds could be utilized as vast breeding
grounds for muscallonge and render possible the complete restoration
of that magnificent food and game fish in the lake and some few of
the larger and deejier lakes of the State. It would permit the propa-
gation of black bass (m a scale even larger than the State now propa-
gates brook trout; that is to say, by the millions. Yellow perch, now
being slowlv restored in the lake, could be increased with great ra-
pidit^' bv means of another pond. After the property has been put m
shape the cost of maintaining it would not be more than the mainte-
nance of two or three of the i)resent hatcheries, ])ossibly less.

It may be said that no movement in fish cultural work has been fis
important ns this since the work of fish culture was first started in
Pennsylvania and the establishment of the De[»artment in 100.3.

I have said that it would probably take about 1^00,000 to put this
proposed plant into shape for o])eration. By this I do not mean that
it would be necessarv to appropriate such a sum by a single Legisla-
ture. Indeed it could not be used. About .'$30,000 would be all that
could be profitably employed between sessions.

BLACK BASS SEASON.

The black bass season o])ened ausj)iciously and it remained i)he-
nomenallv good until the ])r()longed drought lowered the streams to
such a point that the fish were comi)ellod to seek refuge in the deeper
pools where thev refused to take bait. From this period, which was
about the first of September until the end of the year, there was little
or no fishing even in such places as the North Branch of the Susque-
hanna The West Branch of the Susquehanna lowered more rapidly
than the North Branch and by the middle of July the fishing there
was at a» end.

No. 21.

DEPARTMENT OF FISHERIES.

45

The Perkiomen creek remained a good fishing stream, perhaps
longer than any other water in the State. From the opening of the
season, June 15th, until the first of August, the angling for black
bass in the Perkiomen was far finer than for many i)revious years.
There was, however, one gleam of satisfaction to be taken from the
drought and the stoi)])ing of the fishing, namely, that the low clear
water exhibited vast quantities of bass of all sizes, particularly young
fish, indicating splendid sjjort when once more the waters should be-
come normal. Even the lakes were atl'ected by the drought, which
naturally alTected the fishing.

It is customarv for the lakes to ''work'' once every year; that is to
say, throw to the surface fine particles of water veg<'table life. Usually
this is during what may be called the low j)eriod, but on account of the
abnormally low water in the lakes many of them worked twice and
three times. Some were undergoing this i)renomena as late as Oc-
tober. This was notably the case with Carey Lake in Wyoming
county. This also caused poor fishing, for it is seldom that bass or
anv jrame fish will bite freelv when a lake is working.

SILVEK SIDE SALMON.

The efi'ort io rear silver side salmcm to maturity in hatchery jxmds
continues to progress very favorably and I find no reason to modify
what 1 said last year with respect to the possibilities of the fish.
Those which we had last year remain (his year in normal health and
made good growth. The death rate, if anything, is below that of the
brook trout. Their vitality is little short of remarkable. Thus far
they have shown less liability to dis{*ase in their confined environ-
ments llian either brook trout or the brown trout,

W(» have il.OOd yearlings at the Spruce Ci-eek hatchery and at that
establishnienr there is a rather high i)eirentage of enlargement of the
thyroid gland among the brook trout and brown trout and a little
among tlie lake trout, but of many specimens of silver salmon exam-
ined there was not a single trace of this disease visible. In fact, every-
thing thus far indicates the fish known to be exewdingly valuable for
food may be established successfully in our waters.

The crucial test of the ability to carry the silver side salmon to
maturity in the hatchery ponds should be this year for the fish which
are now two years old. My reason for this feeling is that in their
natural surroundings young salmon are a]>t to remain in fresh water
until they are nearly or not quite two years old. If, therefore, the
two-year-old silvei* salmon now in the Bellefoiite hatchery feed as
voraciously durihg 101(1. as they have hitherto done, and remain other-
wise uoinial. there is a seasonable certainty that they can be brought
to the s]iawning age. Having been brought to that ])oint it must then
be determined wiiether or not a changed environment will bring about,
as sometimes is the case, infertile eggs or barren fish.

46

REPORT OF THE

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STUKGKON CULTUKi:.

One of (he baniiiij-- leaUires of tisli ciilUire lias been \\w piopajiatioii
oi the stuijieon. That it has piuveii so is especially inilcil uiiale owing
lo the rapid decrease in the uuniber of this very valuable lood tish in
all the waters of the United States. With each sncreeduij,- year the
catch has been nearly cut in half until it is scarcely prolital)le to hsh,
especiallv for them. .

Sturoon llshiuii in the Susquehanna is entirely exterminated and it
is scarcely on a pavinj;- basis in the J)elaware. At the outset, a lew
vears a«>o', there was some little dilVuulty found in hatching'- sturj,^eon
e«'-<'s but the late l»rofessor liider and the late Liviii«;ston Stone each
mml'ly succeeded in some sort of results, the tirst named with river
sturgeon and the last with lake sturgeon.

The chief problem which c.mfnmts the fish culturist to day is not so
much the hatching of the eggs as the securing of ripe males and 1e-
males at the same lime so that the eggs may be fertilized. It was not
uncommon to capture a rii)c female and not lind a ripe male tor a
week, or vi<'e versa. Every ellort to i)en large comuKm sturgecm until
the eggs and milt ripened ended in complete failure. In 1!M)S imr men
noticed that the slxjrt-nosed s(urge(m reached a spawning age at a
very much earlier jieriod and when of a much smaller size ihan
usually supposed. Careful watcbiug c(mvinced us that medium size
common sturgeon would also produce eggs.

A number of short-nosed sturge(m were, therefore, captured and
idaced in one of the larger ponds (m the Torresdale hatchery. They
were about equallv divided as to sex. The majority produce<l eilher
ripe eggs or milt, but neither ripened at the same time. The changing
of the fish from a larger and shallower pond resulted in the death ol
all of them in the winter. Last s])riug we secured a large ]M.nd of
small short-nosed sturgeon ranging fnmi a foot and a half to three ieet
in len'^th. There were about five males to one female. This ])rop()r-
licm was deliberatelv set by the Superintendent. Two females ripened
at the same time as four males and the eggs were taken. The tirst
female the eggs were not all ri])e and, owing to inexperience on the
part of the Sui)erinteudent very few of the eggs hatched. lie treated
the second lot ditferentlv and a good ])ro])ortion were incubated.

The result of the work ccmducted at Torresdale in llUll) indicates
that a mistake is made in attem]ding to hatch them by the jar method.
They are so heavv and glutincms that in the llrst ]dace the jars had
to be set one at every other trough in order that a sufficient force of
water could be secured to move the eggs, and. secondly, cm account of
their heaviness those which fungused would not rise to the top of the
jar making screening alm(»st impossible. It a\jis evident to the Su-
perintendent that much better results could be (»btained if the eggs
were hatched on travs, using the same mesh as for lake trout.

The indications are also that short nosed sturgeon can be success-
fully reared to egg-bearing ])eriod in hatchery Tw^r.«'s provided the
ixm'ds are at least 200 feet long and 75 feet wide au.i ' rom three to six
feet deep. There is reason to believe that in water of this area a lim-

No. 21.

DEPARTMENT OF FISHERIES.

47

ited number of common sturgeon, the more important of the two
species, could be reared to maturity. It is also certain that to have
any measure of success there must be a very large proportion of males
to females.

The death of the sturgeon when transferred last winter indicates
pretty plainly that there must be a good depth of water and that
shallow p(mds even though below the ice line are not favorable for
their existence.

A start was made with the lake sturgeon. All undersize lake stur-
geon found in the nets in Lake Erie last spring were taken possession
of and shipped to either the Erie Auxiliary or Crawford hatchery, but
it is doubtful if enough were so secured to warrant any hope that
fertilized eggs will be had next spring.

FRESH WATER TERRAPIN.

A year or two ago the attention of the Department was called to
the advisability of experimenting in the culture of fresh water terra-
pin. Investigation showed that there was a steady and marked de-
crease in this delicate food product, so much so that at times both
the red-legged and green-head terrai)in commanded fancy prices in
the market. It was determined to undertake the experiment of propa-
gating them.

A pond that had been used for the rearing of frogs at Torresdale
was set apart for the initial work. As practically nothing is known
of the work the Superintendent and I had to grope towards success.
As a beginning sand was placed around the banks of the pond as a
I)lace for the terrapin to lay their eggs, under the supposition that
they deposited their eggs in the sand the same as the salt water terra-
pin, but the experiment was a failure. The terrapin refused to utilize
the beds and did not deposit any eggs as far as we were aware. Last
spring the location was changed and another pond and a fence built
around it at a distance of ten or fifteen feet. The natural shore was
allowed to remain as was also the grass. Four dozen terrapin were in-
troduced, a few more females than males. The terrapin took to their
new quarters and apparently found themselves in environments to
their liking. Early in July they mated and deposited their eggs. Most
of the eggs hatched in a few weeks. The young turtles, as soon as they
emcM'ged from the shells, made their way to the water and disappeared
and have rarely been seen since. The results show that the Superin-
tendent is moving in the right direction and within two or three years
other ponds will be built in all the hatcheries and terrapin distributed
as are fish.

There is one establishment in the State where the rearing of the
red-legged and green-head terrapin has been carried on for'^several
years with success. The work, however, has been done for the benefit
of the table of the owner, the late Robert N. Corson, White Marsh
township, Montgomery county, near Chestnut Hill. The work was
performed by Frank Smith, Mr. Corson's head gardener, and in two
years after beginning the work he had over two hundred fine healthy
specimens. The work was done in an ordinary concrete cistern which

48

REPORT OF THE

Off. Doc.

supplied water for the g-nhous^.^ut ^^'^^.^^^^
ZS ^r ;;l^rar.lra;i:drK l^ taU,e «, tUe owner well

^"^•fworU, carried on a .naU -f though it ..M^ an enconrage-
ment for otl.ers to attempt the work on a laigei scale.

ABVNDOXMENT OF GOT>l)FlSlI WORK.
When the Depar„nent was crea,..! 1 undertook ;|;;;,{;-i;'<j;«;X;t

goldfish specifically for a'l"-'';' "'J'' licv^l an believe, that

and for public fountains and iiarks. 1 '""'Y'^'J ". ^.„,,,„ T-nfor-
Zse fish s,> distributed, would 1-- ; '^^^ ]^ ^^ ,,

rt^'oXdr tTi^Vdr :lr;ul;f whiclr;:nders it desirable that

a very large number of people >'''^™;" /''"'; ^'^V^ lev shoukl have
were raised by the Sf?t«,«.;;~vn ,omfs am^not only that, they
them to supply aqnaria in their "«° '" f "" '^^^^^ ^,, ,„id deliver
should receive them without cost, but that the Mate

them free to their doors. «pntinient nor do I believe it

Naturally, I cannot «""""".''?/"/';;,' I^, ws I n.ler provisions

and, while fish may be p a.ed m l^>»te ponds i. ^^^^ ^^^1^.^^^^ ^^^

it does not seem just that ^j"/ ,7. •V^,,'-^"";,^^^^^ f,.rsale sh.iuld have
those engaged ill '''"'l^^f^'l I'^f,,;^ , , awav to ,.rivate i.ar-

their business injured by the *:V'^^„ *: ^ w^ver wh'l<b has led me to
ties. The most inM-'Mjt.-intconsiderat.m however ^^H I ^^

srr,:e::;n;::;rgr:af^'i"Mii^^

warm water fishes.

FISH BASKETS.

the protection of fish '^^"^V>/l^",l'^\,„\u^ ,„ttcr part of th.^ eight-
extent that it was prohibited In '»;, '" ' "^./^^^^j ,,,i .,„ illegal de-
.™tb centu,.Mn Pen^^^^^^^^^^^^^

vice until lilt"- neioie tw.u ''""'-,,, ■, inor. ^i,„sp who advo-
uniformly refnscd to «I>l'77pl'-,rf'''^;,';;„„^",Hain restrictive pro-

t^S:^r^ ::: ::idenMC:ter inS;;i. encour^ed.

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No. 21.

DEPARTMENT OP FISHERIES.

49

could be made profitable especially in the Susquehanna river. The bill
proposed by the fish basket men was adoi)ted, the Department with-
drawing objection on account of the apparent disposition of those who
wished to operate it not to take anything? save eels and to strictly ob-
serve the provisions of their proposed bill. The act was i)assed and 1
must say that a majority who took out their licenses endeavored to
carrv out the provisions and operated the device satisfactorily. Nev-
ertheless it was evident that the law operated against the interests of
the fishermen was not perfectly protective and was also obscure in
some provisions. The fish basket men proposed another bill, which
was accepted by the Department subsequently with some changes, but
not all the Department desired and thought should be made.

Among the weak features was the reduction of the license fee from
|6 to |1. This reduction was very unfortunate since it opened the
doors to verv manv men w^ho cared for nothing excepting to catch fish
regardless whether they were eels or catfish. The number of baskets
lic^ensed multiplied three times and the revenue fell off one-half.

At the last session of the Legislature there was very strong objec-
tion developed to the basket in all parts of the State. Its destructive-
ness was pointed out, the flagrant disregard of the provisions of the
act as well, and strong protestations were made against the device.
The Department felt, however, that the fish basket should be given
another chance and a new^ set of provisions were drafted. The orig-
inal license fee of |56 was re-inserted, but stricken out and f 1 allowed
to remain. Baskets, however, were excluded from streams known
to contain trout. The new law went into effect on the 15th of August
and it became apparent almost at once that the majority of those who
took out licenses had no intention whatever of obeying the law. More
than SO ])er cent, disregarded one or more provisions, and many more
attempted, despite the law, to secure and operate fish baskets in
streams known to contain trout. Tn one stream, out of twenty
licensed baskets it was necessary to proceed legally against eighteen,
and in all it was nec( ssary to prosecute nearly two hundred licensees.
If the De])artment had j>rosecuted for every violation the number
would have reached over five hundred. The majority of the baskets
were improperly constructed in at least two particulars in every in-
stance, and in some there was not a single ])rovision obeyed. Slats in
the falls were fastened, license numbers not put on, fished day and
night. Sunday included, game fish kept and open defiance expressed.
Tn one instance a man secured a license for a location in a stream
known to contain trout, representing to the County Treasurer that the
stream did not have that fish in it. The County Treasurer, on notice
from the Department, returned the money and cancelled the license.
The man refused to give up the license, operating the basket with open
effrontery, and, when arrested, fought the case bitterly. Under the
circumstances, it is evident that the mass of people who operate fish
baskets are not fit to be trusted with the device. The De])artment
feels that either the law recognizing fish baskets should be repealed
entirely or a license of such an amount im])osed that none except those
who are lawabiding citizens will use the device. Tinder existing cir-
cumstances T am inclind to believe that the former course is the best
and the fish basket entirelv eliminated as a legal device for catching
fish.

4—21—1909

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REPORT OP THE

Off. Doc.

FISHWAYS AND SCKEENS.

Only three flsliways were constructed during the year, two by the
State under specific appropriation made for such work, and one by
the owners of the dam. One tishway constructed by the State at a
cost of $3,750, was built in a dam on the Shenango river at Greenville,
Mercer countv. A second was built by the State in a dam at Lanes-
boro at a cost of |1,5()0. A third was built in a dam at Susquehanna,
Susquehanna countv, by the Susquehanna Light and l»ower Company.
\11 are what is known as the Cail pattern. There now remains only
one dam in the North lUanch of the Susquehanna river m Pennsyl-
vania without a fishwav. This dam is at Nanticoke. When a fishway
is constructed in this dam and lishways in two dams on the West
Branch of the Susquehanna every such structure in the Susquehanna
and its tributaries will have passageways for fish. In the Shenango
there are two dams without fish ways and one will probably be placed
in the first dam below Greenville in 1010. This will probably exhaust
the a])propriation. Fishways are being constructed in the dam on
the Eavstown branch by the corporation owning it.

Owing to the prolonged drought and the consequent exceeding low
water nearlv everv dam owner took advantage of the provision of the
new law and closed the fishways for 80 days, and in three instances,
on represenation of the owners, permission was given by the Depart-
ment to keep the fishwavs closed for the remainder of the year. No
harm was done bv such permission since the waters were so low that
few fish would probablv have moved up or down while the owners at
least believed that sucii closing was bimeficial and necessary for the
maintenance of their establishment and this seemed to me to be of
paramount importance.

AMEKICAN FISHERIES SOCIETY.

The American Fisheries Society, an organization composed alm(>st
entirely of persons either directly engaged in fish culture or deeply
interested in it, and of Fish Commissioners in the United States, met
this year in Toledo, Ohio. The meetings invariably are so pregnant
with" material which make towards advance in fish culture that I
usually require the Superintendents of the hatcheries to be present
and take i)art. This year, however, on account of the fact that the
summer meeting of the Sui)erintendents took iilace only a short time
before the date of the Toledo meeting, and (m account of an unusual
amount of work on the various hatcheries, the requirement this year
was suspended and only two were present. Subsequently, despite the
inconvenience which would have resulted, I regretted my suspension
of the rule, and Superintendents themselves regretted their absence.

The meeting was one of unusual value to fish culturists as much
of the time was devoted to practical pond culture, particularly with
respect to what are called the commoner types of fishes — a form of
fish cultural work which has by no means reached perfection in all its

50

REPORT OF THE

Off. Doc.

FismvAVS AM) scin:i:Ns.

Only Ihivo lishwavs were coiislriiclea duiiiii>: llie year, two by the
State 'iiiider si.ecilie approi.rialioii made l(»r siuh work, and (.ne l>y
Ihe owners ol llie dam. One lisliway eonslrurted l>y llie Stale at a
cost of ,<i5:i.Tr)(). was built in a dam on llie Shenan-o river al (ireenville,
Mereer eonnlv. A second was l.uill l)y tlie Stale in a dam al Lanes-
hovo at a ei.si of i<\jm. A lliird was built in a dam at Sus.iuelianna,
Sus(|ueliannae«mnlv, bv the Sus(iuebanna \Aii\i\ and IN.nv.m- (N,mpany.
Ml are what is known as the Cail ].altern. Tliere now remains only
one dam in llie North r.raneh of Ihe Susquehanna river in IVnnsyl-
vania without a lishwav. This dam is at Nanlieoke. When a tishway
is conslrneted in this dam and li-hways in iwo dams (»n the West
Branch of the Sus(|uehanna every such strnctnre in the Sn.s(|uehanna
and its tributaries will have passa-eways I'or lish. In the Shenan-o
there are two <iams willKUit lishways and one will probably be ]daeed
iu the lirsl dam below (ireenville in IIHO. This will ]>robably exhanst
the aiM»rop>ialion. Fishways are bein- conslrneted in the dmn on
the i:avstown branch bv the corjioraticm ownini* it.

Dwinu- to Ihe i)roloimed <lron.uht and the consequent exeeedinu- low
water nearlv everv dam owner took advanlajLic of the ].rovision of the
new law and closed the tishways lor :'.u days, and in three instances,
on rejuesenation of the (»wm'rs. i.ermissi<m was -iven by the Depart-
ment t(. kee]> the lishwavs closed for the remainder of ihe year. No
harm was done bv snch permissicm since the waters were so low that
few ti^h wiuild lu'obablv have moved u\^ or down while the owners at
least believed iluil sml'i closin.u" was beiielicial and necessary for the
maintenance of their establishment and this seemed to me to be ol
paramount imitortance.

AMi:iM(\\N nSlIKIMKS SOCIKTV.

The American Fisheries Society, an or^anizalion comjM»sed almost
entirely of i.ers(.ns either directly en.ua'icd in tish cnltnre ov (h'ej.ly
intereste(l in il. and of Fish Commissioners in ihe Fnited Slates, met
this vear in Toledo. Ohio. The meelinj^^s invariably are so ]u-e.o-nant
with' material which make towards advance in lish cult\ire that I
nsuallv rcMpiire the Suj.erintemh'nts ol" the haldieries 1o be ]>resenl
and take part. This year, however, on acconni of the fact that the
summer meeting of the Superinlemlents took jdace only a short lime
before the date <►!' Ihe Toledo meetinu. and on account of an nnnsmil
anumnt of work on the various halciieries, the re(iuirement this year
was suspended and only tw<. wei-e present. Subsecpiently, despite the
inc(mvenlence which would have resulted. 1 re.irretled my snspcMision
of the inle, and Suju'rintendenls themselves r(\^rette<l their absenc<'.

The meetinu' \\;is oue «»r unusual value to tish cnllurisis as mmh
of the lime was devoted to ]. radical itoud culinre. ]>ar1icularly wilh
respect to what are <al1ed the conuuoner types of lishes — a form of
fish cn'tnral work which has by no means reached ]»erfection in all its

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No. 21.

DEPARTMENT OF FISHERIES.

61

branches. From the discussions, however, it is a gratification to be
able to say that the Superintendents of the Pennsylvania hatcheries
are at least as far advanced in the science of pond culture as those
of any other Government.

The American Fisheries Society aj^ain pronounced strongly in favor
of Federal control of waters forming the boundary lines between
States and supported the action of the ^'ational Government in as-
suming charge in connection with the British Government of the
waters that form the boundary line between the United States and the
British possessions in North America.

Before adjoining the American Fisheries Society honored me bv
e ecting me vice president to serve at its next annual meeting in New
lork City in 1910. ^

NORTH AMERICAN FISH AND GAME PROTECTIVE ASSO-
CIATION.

Another iinporlant organization of an international character is the
North American Fish and Game Protective Association For ei^^ht
years it^has yielded a great inlluence in Canada and northeastern
Lnitea States, especially in tish and game protection. At its meetinjr
in loronto m January, lUOl), it conferred up(m me the honor of choos^
mg me as its president, to succeed the Ihmorable Dr. J. O Reaume
Minister of Public U'orks and Fisheries, of Ontario, and it was de-'
Th p1'-i ;5^ ', ' next annual meeting in Philadelphia January, 1910.
Ihe Philadelphia meeting, it is hoped, will bring to it the strongest
adv.)cates of fish protection in the State and a?ouse even a gref ter
sentiment in favor of fish and game protection.

STATE ORGANIZATIONS.
With every recurring year 1 have advocated and urged the exten

rd'in™'orfi'r%'^ l^ennsylvania interested in fhe protectTon
and nciease of hsh. I have also urged and advocated the banding
together of all local organizations into Stale bodies. It is, therefore
a matter of pleasure to be able to note the fact that nearlv fifty clubs
having ish protection as a prominent object, have been organL^ in
the htate within the last year, and that a laroe proportion havrfof
lowed my counsel and joined with one or the other or CHf the two
principal State organizations, namelv, the State SDortsmPn'l aII
ciatiou and the United Sportsmen of Penn.svl vania ^^'^"^""'^^ ^' ^^^««-
The first named now has enrolled more than a hundred clubs
pledged to the pi-otection of game, fish and forests, while the second
the I nital Sportsmen of Pennsylvania, has nearlv fZy camps de'
voted to the protection of fish, forests and game, and the raising of tlie
standard of sportsmanship in the State. i*iift>ing oi me

62

REPORT OF THE

Off. Doc.

Thp two ffreat oigauizations combined their clubs or camps in
nearlv every county in the State, and may be considered together as a
compact body of sportsmen, numbering close, it is said, upon fltty
tSand Furthermore, it is a matter of pleasure to note the v^y
close and harmonious relalious which exist between these two great
bodTes With all the sporlsnien in the State so banded there w 11 be
moiriish, higher ideals of sport and n,ore perfect fish protective laws

There is aSother organization holding a State charter which should
be nientioned on account of the effective work it has performed in the
fnte ests of fish and the unswerving support it has given the Depart-
ment to wit, the Pennsylvania Fish Protective Association. It took
as active a part as either the State Sportsmen's Association or the
United Iportsmen in working for the passage of the new Aslj code,
and it has performed splendid service in educating people to the ne-
cessity of protecting fish and also in stocking streams.

No. 21.

DEPARTMENT OF FISHERIES.

53

LOCAL ORGANIZATIONS.

Afost of the local organizations have been very active. Among them
shOTld be prominentlj^ientioned the Chester County Fsh and Game
Protective'^ Association, SteeUon Camp of the United Sportsmen,
Phoenixville Camp of he United Sportsmen, East Greenville Camp
of the Un ed Sporlsmen, Potlstown Camp of the United Sportsmen,
and tL State Sporlsmeu's AssociatUin and the Lancaster County Fish

Protective Association.

Through the activity of the first two named it proved unnecessary
for the wardens of the'Deparlnient of Fisheries to make a sin-le arrest
during the year VM) in the districts in wliicli those two organizations
exist The others, not quite so hmg organized, caused a marked reduc-
tion in illegal tishing. All have been exceedingly active in the intelli-
gent stS of the streams in their respective territories^ and the
Chester County organization lias interested the farmers ot the county
to such an exlent that many are now planting trees ahmg streams
which flow through their lands to secure a more equitable water
Tm it' wi h cmpmitures better suited for the life and health of fish.

These organiziiticms have been specially mentioned, not because
thev have all done more work than other organizations, but because
in one or more particulars they have taken the initiative.

INTERSTATE LEGISLATION.

The conflicting legislation between the difl'erent states that border
on the Delaware and Susquehanna rivers has been a source of amioy-
nnce for a number of vears. Ert'orts have been made several times to
brincr ab(mt a change and secure uniform legislation in the Common
wealdrTpennsvlvania and the states of New York, New Jersey and
Maryland, so that good results may be obtained in restoring the su])-
ply of fish in the two great rivers. Commissions have been appointed

on the parts of the states mentioned and various meetings have been
held with more or less good result. The following is the report of the
Pennsylvania Commission to the last Legislature showing what it ac-
complished and what it hoped to do in the future:

To the Honorable the OlUcers and Members of the Senate and House
of Kepresentatives of the Commonwealth of IV'unsylvania :

Your Commission, appointed under a joint resolution, approved the
eighth day of May, A. i). PJ07, entitled, "A Joint Kesolution providing
for the creation of a Commission to co-operate with the authorities of
the states of New Jersey, New York and Delaware in regard to the
propagation, protection and catching of sturgeon, shad, bass, perch
ami other fish in the Delaware river; the adoption of concurrent laws
relevant thereto by such states, and to co-operate with the authorities
of the state of Maryland in regard to fish and fishing in the Susque-
hanna river, and the adoption of concurrent laws relevant thereto by
such states; and to inquire in relation to the pollution of the waters
of said rivers, ami recommend legislation regulating and controlling
the same; and making an appropriation for these purposes," respect-
fully submit the following report:

Through the ellorts of your Commission a similar Commission was
appointed by the lA'gislaiures of the States of New Jersey and Mary-
land. Several meeiings have been held with these various Commis-
sions and fishery ofiicials of New York. A uniform law was agreed
upon between your Commission and the Maryland Commission re-
garding the taking of fish with nets and the transportation of fish
from one state to another and also lor the collection of eggs for hatch-
ing purposes by authorities of the two states. While these matters
were thoroughly discussed and agreed upon and a proposed law
drafted governing the subject, the Maryland Commission has, up to
the present time, been unable to secure its enactment into law. These
subjects are all contained, so far as your Commission is concerned,
in the bill relating to the interior waters now pending before your
honorable bodies.

Many joint meetings with the New Jersey Commission have been
held at various places at which were discussed the propriety of secur-
ing the enactment of uniform laws to govern and control the propaga-
tion and the taking of fish from waters which cimstitute the boundary
lines between the two states.

In order that the importance of this subject may be called to your
attention, we desire to state that an agreement was entered into be-
tween Pennsylvania and New Jersey in 1783 concerning the mutual
government of the river. This agreement was ratified by New Jersey
May, 1783, and by I'ennsylvaiiia on September 20, 1783, by Acts of
Assembly. For many years this agreement was strictly carried out
between the authorities of both states and on May 22, 1880, the
Pennsylvania Legislature i>assed an act entitled, "An act for the pro-
tection of shad, sturgeon and game fish in the Delaware river." A
similar act was passed by the State of New Jersey April 7, 1890. It
was not long after, however, before New Jersey i)assed several laws
without consultation with Pennsylvania which entirely changed the
then existing statutes governing that portion of the Delaware river
under the jurisdicticm of the State of New Jersey.

64

REPORT OF THE

Off. Doc.

This of course, caused constant conflict between tlie fishermen and
the authorities of the two states. It is well known that the law has
established the centre of the river as the boundary line between the
two states. New Jersey tishermen constantly violate the Pennsylvania
laws in fishing under New Jersey laws on the Pennsylvania side ol the
river and the Pennsylvania fishermen violate the New Jersey laws by
operating their nets 'in the New Jersey portion of ihe stream, and both
often unintentionally.

The result of this confiict of authority, together with the pollution
of the Delaware river, has greatly impaired the fish supply until the
condition has arisen wherebv the fishermen in both states have joined
with your Commission and that of New Jersey in recommending the
passage of uniform legislation governing this particular stream.
Your Commission admits that, in their judgment, unless these laws
are passed and the pollution of the stream greatly reduced or entirely
prevented, that the propagation of shad and the taking of the same
from the Delaware river will become practically extinct as is to-day
the case with the sturgecm.

As an outcome of the conference between the Commissions of the
two states and the fisherv authorities of New York, three bills were
framed one governing the fisheries of the Delaware river below Tren-
ton Falls or in tidewater, between the Commonwealth of l»ennsyl-
vania and the State of New Jersey, a second for the Delaware river
above Trentcm Falls and beyond the limits of tidewater between the
Commonwealth of Pennsylvania and the State of New Jersey, and a
third for the Delaware river between the Commonwealth of Pennsyl-
vania and the State of New York. The division of the subject into
two bills between the Commonwealth of Pennsylvania and the State
of New Jersey was because of radically difi'erent conditions existing
above and below Trenton Falls rendering such action necessary. The
bills drafted have been introdu(!ed by Kepresentative Alfred Marvin
and are appended as part of this report.

On the other hand, if these laws are passed and proper attention
given to the purification of the water, there is no doubt that the shad
and sturgecm industry of this stream can be fully restored by the work
of the fishery authorities of the states. New York Commission have
practically agreed to the conditions of the Pennsylvania bill and
promise to use their influence in securing its passage by the Legis-
lature.

Your Commission made a careful inspection of the Delaware river
below Trenton Falls and found it was so badly polluted by drainage
taken in from both sides as to be injurious to human health and fish
life. The major portion of this pollution, we believe, can be abated.
Rivers and all streams of water (lowing in and through our Common-
wealth are not the natural and proper outlet for filth and pollution of
all kinds and the most stringent laws should be passed to maintain
their i)urity and unobstructed course to the sea. Human health and
the maintenance and increase of aquatic food life are a far greater
consideration to the puldic than the financial interests of any indi-
vidual or cor])oration. The imi)()rtance, for example, and the propa-
gation and the maintenance of the shad industry in the Delaware
river cannot be measured by dollars and cents. "Conservation of the
fishery resources of the country is as important as the ])rotection of
forests," said President Koosevelt recently, ''and decided steps must
be taken to preserve to posterity the fish supply."

No. 21.

DEPARTMENT OF FISHERIES.

66

We believe that the rivers, streams and other waters of our Com-
monwealth were divined lor the well being of all people within its
borders and not for any individual. Pollution renders water a menace
to human health and unfit for domestic purposes or for the mainte-
nance and increase of aquatic animal food, among which fish is the
most important. It may be stated as an axiom that water polluted
to an extent which will prevent fish from inhabiting and thriving
therein is generally deleterious to human and animal life and is unfit
for domestic purposes.

Since a complete understanding was not arrived at with Maryland
concerning the fisheries in which that and this State have an interest,
and the fact that the State of Delaware did not take any legislative
action on the same subject, your Commission respectfully recommends
that another Commission be appointed by joint resolution of your
honorable bodies to again meet with Maryland and Delaware and also
on account of community of interests with the State of New Jersey.
A joint resolution to this ellect is herewith appended as part of this
report.

On account of diversity of laws enacted by States and by the Do-
minion of Canada governing the fisheries of waters forming the
boundary line between the United States and the British possessions
in North America, and on account of the evident futility of any of
them to secure uniformity in the near future, the Federal authorities
have apparently decided that the National Government shall take over
the ccmtrol and direction of the fisheries of the waters hitherto under
the sovereign cimtrol of the States, and to attempt to have enacted
international laws covering the subject.

As a first step in this direction, a treaty was concluded by and be-
tween the United States of America and His Majesty Edward \'I1 of
the United Kingdom of Great Britain and Ireland and of the British
Dominiims beyond the seas. King and l']mperor of India, dated April
the eleventh, A. D. I})tl8, by which an Interna ticmal Fisheries Ccmimis-
sion was appointed to prepare a system of uniform and commcm inter-
national regulations, restrictions and provisions for the protection
and preservation of food fishes in the waters described.

The International Commissicm has been in consultation with the
Commissitmer of Fisheries of this Commonwealth concerning proj>er
laws for the protection of fish and the encouragement of the fishing
industry in Lake Erie, in which citizens of our Commonwealth are in-
terested financially to a greater extent than is the Dominion of
Canada, or any other state excepting Ohio. Fnmi what we can learn,
the Commissioner of Fisheries of tliis Commonwealth has ren<lered
most valuable service in this particular, but this Commission feels
that he should be given assistance to continue successfully his ell'orts,
I)resuming that the Federal authorities are sure of their ground in de-
claring an intention to assume control of fisheries hitherto exercised
under the sovereign power of Pennsylvania. The Commission believes
that, ai)art from the other purposes already set forth in this report,
a new Commission should be api)ointed to further the etVorts of the
Commissi<mer of Fisheries to induce the International Commission to
frame a law which will be equitable to the Pennsylvania fisheries of
Lake Erie and insure c(m tinned increase of fish in that great body of
water.

REPORT OF THE

Off. Doc.
56

your Commission appointed by a joint '^''>''''"!''f'^%l^f^J^l

In r!!'.'".i .mJput of Ush l.ir U,e lluee states and a consequent mcease

"\v!' excldi"'" .■egv..t to vepovt .be dealb of one of tbe most
active and iu^m'sted" ,u.mh.v. ol .be C<m,miss.o«, tbe IIono.-able
Algernon 1!. Itoberts, wbicb occurred last .lanuary.

HENKV F. WALTON,
FKEDKUICK A. GOOCHARLES,
WEBSTEK OIUM,
F. 15. McCLAlN,
JAMES N. IIUNTEI!,
11 11! AM .1. SEDWUJK,
ALKKEl) MAUVIN,
W. E. MEEllAN.

INTEKSTATE OONFEltEXCE OX POLLUTION OF THE OHIO.
Tbe Obio river is among tbe streams badly polluted, but, under no.--
mal d-xu-Lstames, certah. species of lisb ■'--'^^'.'"-'^^-V--^ ^
after tbe l'-.;;:>^van;a ^^^'^,^^ .^^^li^ ^,14 diedt
Kloti g wo o t*-b.": S. An inves.igatb,u sh..wcd tbat tbis
dcatb .•ate"vas caused by pollution from son.e estabhsbmeut not tar

'The''i'reat"st.gb.er of fisb aroused tbe people along tbe river in
Pennsvtan a West \i.giuia and Obio to a great slate ot . nd.gna-
«on i i resulte.1 in a conference being called in P.t.sbu.gb o
flsheVy flicials of Obio, West \irglnia, i'eunsylvan.a and he Ln.ted
States Govenuuent Obio was represeuled by tbe Uon..rable Geo.'ge
W Cook! Fish Con.missioner, a.id .loin. C. Speaks, C ..ef \Va.;dc.n.
WcsV Vii^ginia bv .J. A. \i.iucsney, Chief Warden and ^"1«»« .'I- ^I,
mn-ow of Wheeling. Pennsylvania by myself, and tbe tnited
SHterfj. ea . of Fi>d.e.i..s bv- I).'. -L I'e.cy .\I..o.-e. The conference
wa" bel, Se e...l.er -(.lb. D.-. Moore presi.ling. TI.e.e was also pres-
enta representative of tbe TriState League of Western Pennsylvania.

"'Tbe"pollIt?on^it"'obi.. was admitted and tbat the chief offender
was Pe.ns vlvania. al.bongb it was shown that b<..b Ohio a..d \\est
Vh-in\a clntributed to a lesser extent. The conference developed he
fVct'tbit the St.ite of Obio had no jurisdicticm over a..y pai-t of the
Ohio rWer and that laws allecting that stream could only te enacted

No. 21.

DEPARTMENT OF FISHERIES.

67

by Pennsylvania and West Virginia. U was shown, however, that any
law which the Stale of Ohio might have in relation to pollution could
be enforced on any plant localed on the banks of the river. It deyel-
oued also that the State of Ohio did not have an anti-waLer pollution
law in so far as tish were concerned. Both the Pennsylvania and
West \' irginia laws were read and while each were found to be en-
forceable, that of Pennsylvania was deemed the better and the confer-
ence unanimously adopted the following preamble and resolution:

Wheras it is the sense of the members of the conference, consisting
of officers'of the United States Government, Pennsylvania, West Vir-
ginia and Ohio, that the purification of the Ohio river and its many
tributaries can onlv be brought about by identical or similar laws in
the several States*^ forbidding pollution from industrial establish-
ments; therefore, ^ u +i.

Kesolved, That the Ohio officials be asked to endeavor to have the
Legislature of that State enact a law identical with or similar to the
Pennsylvania law as found in Section 10 of the Act of May 1, 1909,
P L 207, of that State, commonly called the ''fish code" ; and,

Kesolved, That the representatives of the United States Bureau of
Fisheries and men of this conference be requested to make representa-
tions to the United States Fish Commissioner of the situation on the
Ohio with a view of inducing him to bring about the introduction of a
bill into Congress to pi()hil)it the pollution of all waters over which
the National Government has any jurisdiction whatever.

The c(mferees were emphatic that the existing laws of Pennsylvania
and West Virginia should be enforced on the Ohio river, but it was
agreed that in the enforcement a reasonable time should be given to
each manufacturer to provide methods of dis])osing of their waste
material other than by emptying it into the river. The question of
pollutiim by suli»liur water from the mines was discussed. It was
pointed out that a Suj)reme Court decision at jiresent protected the
mine (►wners in this polhiticm and further that until the sewage from
cities and towns could l»e disposed of otherwise than by allowing it to
be emptied into the river, it would be inadvisable and against public
policy for the fishery authorities to interfere since sulphur water,
under such circumstances, became a natural preventative of diseases
like typhoid.

LAWS FOR TME DELAWARE RIVER.

By a joint resolution of the session of the Legislature in 1005 a
special commissiim was ai>])()inted to confer with similar commissions
to be appointed by the states of New Jersey, Delaware and New York,
for the purpose of drafting uniform bills relating to the fisheries of
the Delaware river for enactment at the next sessi(m of the res])ective
Legislatures. The Pennsylvania Commission consisted of Senators
Algern(m P.. Roberts, Frederick A. Godcharles and Webster Grim,
with President Pro Tempore A. E. Sisson as ex-otficio ; the Hon. Frank
B. McClain. S])eaker of the House: Representatives Hiram J. Sedwick,
Alfred Marvin Jind .Tose])h N. Hunter: Commissicmer of Fisheries
W. E. :Meehan and Henry F. Walton, ex Speaker of the House of
Representatives, who, under the provisions of the joint resolution,
was appointed by the Governor.

58

REPORT OF THE

Off. Doc.

New Jersey appointed a commission consisting of Senators Ed-
mund W. Wakelee, Joseph S. Freliugliuysen, I'lesident of the Senate
Thomas J. liillery, Assemblymen Austin Colgate, Oliver C. Hokombe
and lleniy D. Thompson, President of the Fish and Game Commission
Ji. C. Kusei- and Dr. Henry \an Dyke, of the i'riiiceton University,
who was appointed by the Governor of the Slate of Xew Jersey, John
Franklin Fort. Neither the State of New York nor the State of Dela-
ware appointed commissions, but the State of New i'ork was repre-
sented through appointment by its Forest, Fish and Game Commis-
sioner, John S. Whipple, of Dr. Tarleton 11. Dean and John B.
Durnham. The Commissi(mers of the two states and the representa-
tives of New Vurk held a number of sessions, which resulted in the
framing of three bills, one governing the lisheries of the Delaware
river from Marcus Hook to Trenton, ihe limit of tidewater; a second,
from Trenton to below Tort Jervis, New York, the northern limit of
the State of New Jersey, and a third for the river from Port Jervis to
the headwaters of the^ Delaware. The bills were presented to the
Legislatures of New Jersey, New York and Pennsylvania simultane-
ously. Those olfered in Pennsylvania and New Jersey were adopted
and signed by the Governors. They were identical in every respect
save (me, the one relating to sturgeon lishing, which is unfortunate
because, as a result, below Trenton Falls there can be no prosecution
for catching sturgeon any time of the year with legal nets. The other
relates to parallel nets, and as this device is set above low-water mark
is enforceable according to law of either state. This refers to the law
below Trentim Falls. The acts for the Delaware river between Tren-
ton Falls and Port Jervis are idcuti«al in every respect. Unfortu-
nately, the law relating to the Delaware river above Port Jervis failed
of passage in New York Legislature, and as scmie objectionable amend-
ments were made in the act jiassed by the Pennsylvania Legislature
1 felt compelled to ask the (iovernor to impose a veto, which he did im
the grcmnd that New Y'ork did not pass a similar act. The two acts
relating to the two diilerent sections of the Delaware river now on the
statute books of l»ennsylvania and New Jersey appear to be as nearly
perfect, with the exception of the clause relating to sturgeon fishing
in the lower river, as can be devised and (>nacted by a Legislature.
It is based on the same plan as the act of May 1, 1001), governing the
interior waters, viz: in the classification of fish and the setting forth
the means, time and size of fish that nuiy be caught.

With these two acts for the Delaware, with the new code for the
interior waters, with the act governing Ihe fisheries of Lake Erie,
Pennsylvania now has a series of laws relating to fish of which it may
well be jnoud and which I believe to be superior to almost any state in
the country. They are less drastic than some states, more restrictive
than some, but fair alike to the tish and the fishermen. Through a
strict observance of the three laws the chances for the increase of fish
life in the waters under the ccmtrol of Pennsylvania is greatly in-
creased.

No. 21.

DEPARTMENT OF FISHERIES.

59

THE NEW FISH CODE.

After an enforcement of five years of the Act of May 29, 11)01, by
this Department its strength and weaknesses became clearly ai)parent.
It was evident that in the main the act was good, for by its enforce-
ment the fishery interests of the State had been materially assisted.
It was the best thought of fish protectors at the time it was enacted.
As might be expected, there were some weaknesses. Conditions had
also changed in some respects and it was evident that changes were
necessary both to remedy the weaknesses if possible and to meet the
changed conditions. There were some features of the act of 1901
objected to by a few, with which this Department had no sympathy,
as, for example, an objection to the arresi and conviction of a person
for using an unlawful device where no fish were actually caught, or
the conviction for the use of a lawful device? at a period when it was
unlawful to catch fish with such. To abrogate such a law would be to
open the doors to destructive fishing which could not be suppressed.
The principal weaknesses in the act of 1901 were obscurities. In addi-
ticm, since 1901, several acts had been placed upon the statute books
at various sessicms of the Legislature. Some wei-e good and some were
operating badly. Feeling that the undesirable acts should be rei)ealed
and obscurities cleared up and new ccmditions met, at my request a
convention was called of Fish Protective Associations and sportsmen
from all parts of the State. The convention was held in Ilarrisburg
the last of October, 1908, and occupied two days, and a bill was
drafted. It was subseciuently submitted to every organization in the
State having interest in the protection of fish and suggestions asked
for. The suggestions were considered by a committee appointed by
the convention, and those which were deemed wise were adopted.
When the bill was ccmipleted it was given to the Attorney (Jeneral and
in due time by him handed to Kepresentative E. E. J(mes, Chairman of
the Fisheries Committee of the House, for introducti(m. A nund)er of
changes were made by the Fisheries Connnittee, some of which, on my
resi)onsibility, were stricken out, others were retained and a bill
finally passed and was api)roved by the Governor May 1, 1909.

A few of the changes made I consi<ler unfortunate and should be
remedied at the next sessi(m of the Legislature. There were also s(mie
typographical errors not noticed until after the Legislature had ad-
journed, which need coirectitm at the next sessi<m. Taking it as a
whole, however, the new fish code of .May 1, 1909, is far superior to the
act of May 29, 1901. One strcmg feature of the new law is that all the
im])ortant ju-ovisitms are to l)e f(mnd in the first three sections. The
first secti(m divides all fish in the State into three classes, game fish,
food fish and bait fish. C(»rtain fish are s])ecifi(allv named as game
fish and certain species as bait fish and all other tish of anv kind or
character are described as food fish. The second section ])ro'hibits the
use of any device, means or method whatsoever for taking fish from
the waters within this Commcmwealth excei)ting l>v means specifically
named in the section: forbids fishing of any kind on Sundav, and for-
bids punishment of persons who may catch an out of season fish pro-
vided if it is returned to the water promptly. Section 3 states the

REPORT OF THE

Off. Doc.

60

t fici. till. IpiK-th of fish that may legally be
open and close seasons lor ««^' '''V '"^X^ jaily. and also sets forth

z?;; the' — " - ~-^^^^^^

^■^lUfong the exceptions are ^<^;^ ^^^^^^^^^

^:X^':^l^:^:^'^^^^^- "^ .hel.epartn.ent of

Fisheries, and the legal l-r";^^'^'!;";?- , „„, ,,,„,,„U.re Nvas what is

Under the act of May 2i), l-,\'f;-,^'^,'^^,il,,,\vns vague in that it
known as sunnnary eonv.c .on bnt * "^ '^ ^^'\'^ ^^ ,„,,a^ of a delend-
,lid not clearly set forth what <!';">'; '^^ .u cans ■ shown. Some jns-
ant pending an appUoat.on 1" " '^I'll^.^^^/,'^ X" oi.ini..n limt if a de-
tices of ihe peace and some '^^''''- "^^.''^•;;. ,,,,.' ,,' even though he
fendnnt was foun,l guilty by a .l"«t>;;« ° .^^ "fine must belaid,
gave notice of intention to ask *" ""^^P-^^I' ' „,. ver the interpreta-
or, as an alternative, be sent to . p.. . . ,'''^.;: »"• "^^ „,. proper inter-
tion of the T>epart.nent n,,r do 1 be ,e« tl.,U . .. in^ I 1^ ^^..^^

pretation of the law. In tlie act ol -^'••/- !;;•.,„ 07. ..provided,
l„ade clear by the insert, .m o ;;';;;' '^,.f„';'^j,^t To pav, at once,
,1,,,, in case the defemlant or ''.<' '■''.' ,".,^7'X-7endants shall forth-
,l,e fine or fines s.. imposed, said ''':''''''''" "V' '" ;^,,,,v iail of tlie
with be sentenced .0 undergo ">M."son mM, u tl u u .v ^.^ ^.^_

county where su.h conviction "'"<7. 'f - jj' ^^"J^ „.<■ d.-femlant
each dollar of the fine «^'"!l-«;! \''V "' m,,ic of intention to ap-
„r defendants, upon conv clion ^^- ' 7^' . ',„. ,„.,,ni,tod to enter
peal, when such defemlant or ^ele !< " s .*^' ,,.",, .fo,,. such iustice.
l„,o good and suflicien .•;;'"«"-, ;,. '1 • ation of five days, if
alderman or magistrate, on 01 Di 1 c 1 j (joj, of such

su.h app.'al is not taken l>y I.em or ""'"'' f ^Vnf.nce": This it
„„ appeal if it be not ^">^'";^';:^-^]^':^:^;^^f::!^. there are
might be suppose<l would be cleai *;>''">'"^i, „,.,,.,,„,.,. of the above
stiU some who do not o<.m,.rehend the u^ - ;^y ' ^ ,^ ^^^^ where

liasliad to be corrected. Iheieau p" " "' , , „,, „ ,„a(t,>r of

H.at this clause is a declaration ol a ''«'''. ",';™!^,".o,.ding to law
,ourse, an.l that whether or not 1^*; >;*;;";, ..^'f^.^'jion;, 1 tliat (he
and evidence they only had '' ^M t'^^s h nr int.n 1 n ,^^^.^

n^-rSt^laUr-^^^tt^r n^^^^

to appeal and it tl e «''*<" "^"' ''""'',„„ or evidence, the Court of
opitression. corruption or disregard ''f "^ ";..r*„7^4'^\he iustice of
Quarter Sessions will refuse the ".';i;^"'-„^ -i;^^* 7,;,';," * n^ onn onlv
the ,,eace hold the ^l<'f^"f "\;" '"^^i'^ f," ex cut ion of sentence when

istrate.

No. 21.

DEPARTMENT OF FISHERIES.

61

Under the act of 1001 one-half the tines collected went to the m-
fornier and tlie other half was i)aid into the State Treasury through
the County Treasurer and Commissioner of Fisheries. In i>rinciple I
consider this provision equitable if the State maintains special ward-
ens who are not paid any salaries. It should not be looked upon as a
reward or an inducement to prosecute, but as a substitute for a regu-
lar salary. Unfortunately there were both special wardens and
citizens who did not regard Ihe matter in a proper light. There were
a few wardens wiio looked upon the matter as a reward and as a
means for making UKmey. There were citi/.ens who Ihought that all
special wardens held this eircmeous yiew. The system of paying half
the fines to wardens therefore naturally fell into disre])ute and I felt
it was not good for the service that such a law should continue when
it had such a reputation. The Legislature agreed and under the act
<.f May 1, 1000, tlie ])ayment of half the fines to anyone was abolished.
The S|)ecial warden service is continued with m<»ditications, and T am
])leascd to say tliat the majority are ])erforming their duties not-
witlistauding th<'y are receiving no com]>ensation of any kind. The
number of arrest's by this class is not as great as in former years
when the half fine system was in vogue, but this is natural since most
of the special wardens a]»i)ointed under the law at the request of Fish
Protective Associations, are for the moral effect in the c(mimunity
and almost in every instance are members of the organization. When
the occnsi<m arises these men make arrests, but the moi*al efl'ect has
been beyond calculaticm. For exam])le, in the county of Chester,
where each organization has from three to ten of its members S])ecial
wardens, illegal tishin-j; has been reduced to a minimum an<l it is
scarcely necessary for the regular warden of the district to go through
the county more than twice in a year.

A very important ])rovisi(m in the new code relates to the o])eration
of commercial hatcheries fen- fish. This industry, which struggled
manfully under a sever(». restrictive and unfavorable section of the
act of 1001. lias, under the new act. taken a vigorous start and a num-
ber of concerns are about to start into business, which will next year
double the number of establishments already existing.

Among the unfortunate provisions inserted in the bill was one to
])ermit gigging in streams not inhabited by trout during the months of
July. August. Se])tember and October. The gig or s])ear is one of tht
most destructive devices known and the ex]»erience of the Department
is that more than 00 ])er <-ent. of th(»se who use the gig or spear,
whether intentifmally or unintentionally, kill game or food fish which
may not be taken by that device lawfully. Tt is not a device advocated
by market fishermen, who believe in the use* only of devices which are
not overly destructive. T believe the ]>rovisi<ms authorizinir the use of
gigs or spears should be repealed at the next session of the Legislature
and the device made unlawful at any time of the* year. Notices have
come within my observation where men who desire to use the gig or
spear in waters in which the device is now prohibited, have vehemently
declared, in the face of evidence to the contrary, that the waters do
not contain the type of fish which would bar the instrument. The
spear, therefore, should be abolished entirely, or prohibited in any
water, since a ])artial restriction is a temptation to untruthfulness
almost approaching perjury.

REPORT OF THE

Off. Doc.

No. 21.

DEPARTMENT OP FISHERIES.

63

62

Another very important matter was ^1^^ ^trUdng off of the sun^
from the list of game fishes. It was placed m that class b> the act ot
1901 With the exception of one species of the four commonly found
in Pennsylvania watlrs it is well worthy of hemg on t»^^ S^me s t
It takes an artificial llv with all the snap and eagerness of a brook
trout On 1 <Ilt tackle it gives a short but delightful play and is as
Sv of lleh^^^^^ classed as a gan.e fish as ei:her the brook rout or
black 'bass. Its llesh is of very high quality, and it can ^^f ^^ff
abundant in anv waters in which the brook tro.t would not hn ve
and in which it is not advisable to have black bass, and, ^f^^^^^
the small mouth black bass could not thrive. I believe it the fnends
o the sunfish had been satisfied with a simple opcm and fl^>!<^^^;^3
t might not have been stricken from the list, but they insisted not
onlv on a close season but also on a minimum size and a i^aximum
number per dav to be caught. A minimum size on account of the
si^cie' known as the yellow sunfish was difticult o^^^/^*; ^^^^'^J^'^^^f ^
moreover unlike trout or other fish it is extremely / '^y^/^^/V"^?^^
hook which the sunfish could not swallow, ^-^^^niiontly in bait fi mg
it was almost a certainty that at least 75 pcT con . would ^>^; ^;'iy ^^^
the hook Sunfish fishing moreover is considered by a very lai ge (lass
as a si^'t which could be particularly enjoyed by ladies and children
The iatfer couhl hardlv be considered respousible f they caught and
killed a small sunfish or more than a certain number and ionsidera-
ti(m for the former called for a not too drastic law for a fi^^\^^»^; •'
thev deli-hted to catch. This formed a large class who were dissjitis-
fiod w th miimuuin size and a maximum number. There is ano her
class in the northeastern part of the State in which are located
natural lakes. Here the suntish. the s])ecies known as the long eared
nd common, are so abundant as to be (onsi.lered a nuisance ly^nany
while fishing for larger game fish. This class ob.i(.-ted to the fish
beincr prote(^ted at all, an<l the two classes united and succeeded not
onlvin defeating the i)roposition to i)rovide a minimum size and maxi-
mum nuniber, but also its continuance on tlie li^.t of game fishes.
Ahme the opponents of the sunfish as a game fish, T believe, could not
have effected their purpose. Alone the opponents of the minimum size
and maximum number could not have succeeded, m my estimation. 1
believe that at the next session of the Legislature the sunlish should
],o restored to the list of game fish. simi>ly with a close season, as was
provided under the act of 1001, the same close seascm as is given

^'^'Ins^^mportant, in my estimaticm. that it should be restored to the
list of -ame fish. The demand for the species, especially for the one
known as the Lake Erie or blue-gill, is increasing greatly, and the De-
partment is engaged in its pro].agation and the number sent out annu-
ailv is now nearlv equal to the number of black bass. Where the de-
mand for anv particular fish is as great as is the demand for the sun-
fish and it has game qualities, it should be placed on the list of game
fish unlesK its interests are overwhelmingly of the market as, for ex-
ample the stri]>ed bass. While the blue-gill and even the longeared
sunfish have a market value they are distinctly fish caught for sport.

LEGISLATION FOK FKOGS AND TERRAPIN.

Among the bills presented was one intended to replace the present
very defective law now on the Statute Books relating to frogs and
fresh water terrapin. As food products frogs and fresh water terra-
pin occuj y a very high and important place. The industry in the
State of Pennsylvania in marketing frogs is huge. The Department
propagates them on a large scale, and even under the defective law
n()W on the statute books this valuable food product has materially
increased. I drafted a bill remedying the defects and which, if
enacted, would have protected the industry in frogs and fresh water
terrapin. I am glad to say that there was no objection whatever
to the bill in the Legislature. Unfortunately when first reported it
found a place behind a number of other bills of other interests,
which, for one reason or another remained on the calendar throughout
the session, and it happened that it was impossible to get the frog
bill away from these obstructions and it did not pass the House
until too late in the session to pass the Senate. The old defective
and undesirable law therefore remains on the statute books.

INTEUXATTONAL CONTROL OF BOUNDARY WATERS.

In my last rejjort I drew attention to the fact that the United
Slates (lovernment proposed to take possession of the fisheries of the
waters forming the bonndary line between the United States and
Canada in c(mnection with the British Government. This, it was
projMJM'd to do under a treaty signed between the two governments
on A]»ril 11, lOOS.

Pi'ofessor David Sfarr Jordan, President of the Stafford Uni-
versity. Caiiiornia, was apiminted by the Washington authorities,
to represent the United States Government, and Mr. S. Bastedo, by
the Canadian authorities, to represent Great Britain, to draft regu-
lalions governing the fisheries in these waters to be presented^to
their res])ertive governments. Mr. Bastedo subsequentiv resigned,
and I»rof. IMince, of Ontario, was chosen by the Canadian Govern-
ment, in his place.

Several dralis of proposed regulations were made and in each in-
sjance confidential co[>ies were sent to me and to other Commis-
sioners. As a rule the proposed regulations seemed to be equitable,
and in the interests of fish and the fishermen, but there were only
two provisicms in one of the drafts which were not in accordance
wiih the modern practice of fish culture. One was a proposal to
have a (lose season for certain non-nest building fishes. ] submitted
this matter to the State Board of Fishery Commission and owing
to my representati(ms a series of resolutions were sent to Dr. Jordan
and Prof. Prince advocating the abolition of anv close season for
fishes like white fish, lake herring, blue pike, pike-percb and other
non-nest building fishes.
6

64

REPORT OF THE

Off. Doc.

Society and discussed in the ?'J*<^' "i^""" ^n the latter organization,
:„et in Wasliington ■".^I^l'^X^'^:' \^"„^,„,^^f '^nttm^^ ^as almost
rninZ:tr ^Tol^e^":^^^ ^-"ing the spawning sea-

before long.

INTEIiNATIOSAI. CO>!TI!OL OF STATE BOHUDARY WATBllS,
I Mr.™ II will 1« .e»«ir, tor lie Mer.l Or«'™"' '•;, "

stream is seriously hampered. nhnost everv in-

and New Jorlo." im^ I confess 1 have but little hopes of success.

I'URIFIOATION OF THE STREAMS.
Conteniporaneously with fishery work btS,,, ,^

been laws providing agamst l><'ll"f'°g ™« "./Th"^ nvs have l.eeu

forcement owing to llieii peculiar l""''; V, /- ^^, : .i-i,e contimi-

sentiment aroused to the miportance of '1^;' "/."r ;' •;'^- ,,/ "j^, ..aste

that both might be conserved. The popular leeimg

No. 21.

DEPARTMENT OF FISHERIES.

65

streams were natural sewers provided by nature for the reception
and disi)osal of all manner of filth. For luany years it seemed
utterly impossible to make any headway against this impression.
Every attempt at legislati(m to bring about better water conditions
was a failure.

Medical authorities, people interested in the maintenance of fish
life, were not discouraged and waged a cam]>aign of education and
their hands wore strengthened by the growth and increased iuiport-
ance of the fisheries, but it was not until nearly all the large streams
in the State became badly ])ollute(l and thousands of smaller streams
in a worse conditicm, that the j>ublic became fully aroused.

A section in the fish code of 1901 may be considered as the first
step in a new order of things, but even this ])rovision was defective
in that the enforcement was in very narrow lines and even then
only rendered in any wise elfective by the support of the Superior
Court of the Commonwealth. The creation of the Department of
Health with very broad powers was a second and decided step.

A section in the new fish code of 1909 appears to be the capping
stone of legislation for the ])urification of the waters of Pennsylvania.
It places in the hands of the Department of Fisheries powers nearly
as broad and comprehensive as the Department of Health. It covers
forms of ])olluti(m that ai)])ears not to be em})raced within the Juris-
diction of the other named machinery of the Government. The sec-
tion reads as follows:

"That it shall be unlawful for any [lerson to put or place in any
waters within the Commonwealth any electricity, or any explosive
or poisonous substances whatsoever, or any drug, or any j)oison bait,
for the ])urpose of catching, taking, killing, or injuring fish, or to
allow any dye stutf, coal or gas tar, coal oil, saw dust, tan bark,
cocculus indicus (otherwise known as tlsli berries), lime, vitriol, or
any of the comi)ounds thereof, refuse from gas houses, oil-tanks,
pipes, or vessels, or any deleterious, destructive, or poisonous sub-
stances of any kind or character, to be turned into, or allowed to run,
floAv, wash, or be emtpied into, any of the waters aforesaid, unless
it is shown to the satisfaction of Commisioner of Fisheries, or
the court, that every reasonable and ]>racticab1o means have been
used to prevent the ])ollution of waters in question by the escape of
deleterious substances. Tn tlie case of the jtollution of waters by
substances known to be injurious 1o fishes or 1o fish food, it sliall
not be necessaiy to prove that such substances have actually caused
Ihe death of any particular fish:

Provided, That nothing in this secti(m shall prohil)it the use of
explosive for engineering ]mrposes, when a written permit has })een
given tliereof by the proj)er national, state or municipal government.
Any ])ers(m violating any of the ]»rovisi(ms of this section, sliall,
on convicticm as ]>rovided in sectiim twentv-seven of this act, be
subject to a fine of .flOO."

The enfor<-ement of the above ])rovision is naturally attended with
many serious ])roblems. The manufacturing in teres tsOf the State are
huge and some of them use vast quantities of water daHv. There
are concerns in the State who use 10.000.000 and 12.000.000 'and more
galhms per diem, the greater part of which flows into the streams
badly polluted, often injurious not only to fish life and fish food,
but to human health as well.
5—21—1909

REPORT OF THE

Off. Doc.

66

T. «tPn in and arbitrarily order the abolition of such pollution

vvU]l\?ew days or even a month would be impossible of accomplish-

^f v. W to the manufacturer and probably result in the closing

Ider such an admirable act as is now on tl,e statute Looks must

therefore be accomplished slowly. brought

I boliove also that the work of i>«rifying the wateis can "? oi""»
about mi'ora,,idlv and effectively by securing the cooperation of the
owner findus.iial establishments and I »'". Proceeding on that
line The results have fullv justified my position. Wi h ve'y tew
excei.tions I have found the manufacturers willing o fve cheer u

T.T.opfipnllv mittin^ them out of business.

'""s nc^ he Cctment of the now law it has only '>ee» -^f^^//,*:
tniP le<ril nrocecdings in three instances. In two of these cases tne
:iirs';^t'3rawn on the payment of costs a'i?^J'-,-"-Vi
the establishments taking steps to obey the law. Ihe thud

""ThlTJew law has brought to the front a number of patented de-
vices mon- 'rJ:: eifective. Some for special j,"d>-;..-- -«^-^-^
for .reneral waste. It is, of course, impossible for this Depait nem
trre™mmemi any such apparatus. J* ^as however, been^a'^^e to
recommend .me or two sjiecial unpatented methods of TUiiifying water
polhZl li particular materials, rrominent among -- - >,^^«

btzi i:' VhS;;;:^;:.!^':;" .r.r;i;i:;u:in'iu^nrf tate.

I f<mnd that ibeie a^e about T^OO manufacturing establishments pol-

intiTiiT the waters to a greater or less extent. , ,i.„

The -^^teiUest serious i.(dluti,m exists in the western par of tie

State if re than half the streams were eilh.-r r-mdere-l wholly or

Sm nin^>^^ ">• ">'" "f-- ''^'^'^ ^"'" ;'""'i '/•''Terras

lie Allegheny, the whole of Ihe Clarion ^-■^';^:l^^!^^

lin.inetas the whole of the (Nmemaugh. most of the ^""!i"""'-'"' • '

were liUle nmre Ihan open sewers. The Clarion was perhaps the

'7m- s e Jost repulsive as well as the luost ' ■;"*;--;;:I^
po lutioi from tanncri..s. It contains a ^■-''^^^1111 ' Tt is n Seat
mn t, r in (ho wav of particles of llosh. manure, dirt. etc. It is a g eat
bleeder of bacillus .If a harmful characior wKh a smell so f.ml as

No. 21.

DEPARTMENT OF FISHERIES.

67

finding of the Elk Tanning Company, but while the apparatus is not
perfect there is reason to believe that before another year has passed,
pollution from the washings will be a thing of the past in I'ennsyl-
vania.

{Satisfactory process is also being made in providing means for waste
from oil refineries and from the paper manufacturers. At the time
of the preparation of this report the upper Allegheny river is clear of
the worst pollution. The counties of Warren, Monroe, Crawford,
Chester, Columbia and Erie are entirely or nearly cleared of pollution
through the work of this Department.

Every saw mill known to the Department in the State has been
compelled to provide other means for the disposal of sawdust than
to allow it to fioat awav in the water. More than 300 establishments
have provided or are providing disposal or purifying plants. The
following table shows the number and character of the plants which
are thus providing for the disposal of their dangerous waste:

Nothing at present can he done with the sulphur water from the
mines. Even if there were no means of purification, it is doubtful
whether it would be for the best interests of the people to enforce
such purification until city sewage can have been disposed of. The
sulphur water, 1 understand, is in many cases where city sewage
exists, a preventative of disease.

A QUESTION OF NAVIGABLE WATEKS.

Conneaut Lake in Crawford County is the largest lake in the Com-
monwealth of Pennsvlvania. As far back as 1708 the Legislature
declared that the lake and Conneaut Creek to be public streams and
highways. When the Commonwealth began the building of canals
it used Conneaut Lake as a feeder and for the purpose of increasing
its storage capacity raised the level of the lake. The canal was after-
wards sold and the holding company becoming l»ankrupt the property
was sold at sheriff sale, tlie title of (,'onneaul I^ake becoming finally
in the possession of the Conneaut L;ike Ice Company, or so much of
a title as could be i)assed by the sale. The lake was lowered to its
original level, which left a strip of land around the whole lake with
(me exception. The Cimneaut Lake Ice Comi)any executed long leases
to the land around the lake to various tenants, the main purpose
seeming to be in the leases to })reserve the ])urity of the waler, so that
the ice which the Ice Company was primarily formed to gather should
be kept pure.

Under their title the Conneaut Lake Ice Company claimed exclusive
control of the waters and shores of the lake, and, charged everyone
who navigated boats ui)on the lake a certain license fee. Amos C.
Quigley and 11. E. Koads held a lease on part of the Ice Company's
land, and across these lands they took a motor boat, which it was
averred they intended to use for the transjxnfation of passengers
and freight. For years the Ice Company had given to the Navigatiim
Company the exclusive numoply of running boats for the transpor-
tation of passengers and freight, and of course the Navigation Com-

REPORT OF THE

Off. Doc.

No. 21.

DEPARTMENT OF FISHERIEb.

69

68

iiii. v^v/xi /s..,«f/.i.ri (\niTitv iisknv tor jn n unction lesiraiu

Couimou rieasol Crawl Old Coiinry ask iii^i • i nrpiiniinarv

^,^n^ Oiiioipv luul Klioads irom operating llieir boat. A preiimmaijy

he C< mm<"mvea ' Tl,i following is tl.e opinion of the Court:
Tn the S..l.ien,c Court of I'enus.vlvania, Knstern District.

"IXo. 14;} January Torni, 1!)09. Ay-

J JOqiiity.
Filed October 11, lUOl).

^''^ir'-ateiVtlicCran :.f U " u.'ls inmie.l'iluelv a.ijoining and
to control and ";;; ^ f ^ / ^.^^^''fj^ delVndanls, who as tenants under

lioni Y' "I K^r Ijjj,! ,-,oui t)lacing anv other hoat on us waters.

admission ot <^^'.'»"",- .„le -.i In "llicr assi-nim-nls (o various
,et out as ••'•n"' «' w .X Inuis v ..o fil-l, ImMlie dismissal of the
findnifts ..I fac and U« . X < .^ssi-n.nonts twenty-four to

?o^T^' rinihi ^ a " . .'is;v,'is for re„uc;.s su.unitted hy plain-
fort.ysix nuiu.n*. oxcei)tions were seem-

!Sly'X'"'jniiVa:si'S,:n;s -on^U-in of ihe f^i.nre of the trial

judge to find certain facts, as to which no specitic requests for
findings were made by plaintilf. Assignment fifty four alleges as
error, the decree dismissing plaintitl's exceptions, and confirming
and making absolute the decree nisi, but neither the exceptions nor
the decree nisi, are set out in this or any other assignment. Assign-
ment fifty-five complains generally of the dismissal of one bill at
plaintitt's costs, but does not set out the decree. Assignment fifty-
six assigns for error the final decree dismissing plaintitl's bill. This
assignment is in proper form, and raises all the questions which
need to be considered.

The Act of March 21, 1798 (3 Sm. L., 320), declared certain streams
and waters, including -Little Coniate creek from the mouth up to the
inlet of Little C(miate Lake" to be public streams and highways for
the passage of boats and rafts. The court below has found as a fact
that the creek and lake referred to in this act, under the name of
"Coniate" are the same as those now known under the name of
"C<mneaut." There is ample evidence to sustain this finding, and it
will not be disturbed. 8o that without regard to the question of
navagability in fact, we have the legislative declaration that in view
of the law, Conneaut Lake is to be considered a public body of water,
subject to the right of navigation by the public. When a lake is so
snmll as to be properly regarded as a mere pond, there is no sufficient
reason for the public to assert any right in it. But that is not the
case here. The navigability of Conneaut Lake as a fact must, under
the testimony, be conceded. The court below has found from undis-
puted evidence that during the period since 1903 the travel upon the
lake during the sununer, and especially during the excursion season
has been large, being estinmted as high as 150,000 passengers in a
season and, during the summer of 1908, the Navigation Company
operated eight boats, some of them large enough to accommodate 250
passengers. The navigability of the lake is expressly recognized in
the agreement between the ])laintiir and the Navigation C(mipany, in
which a monopoly of the navigation of the lake is attempted to be
secured. The Navigation Company agrees to maintain sufficient
boats on the lake to reasonably accommodate the business, and to ac-
comodate to the full capacity thereof the traffic to and from the Ex-
position Park. It certainly does not lie in the mouth of the plaintiff
company to deny that Conneaut I^ake is navigable in fact. If it Is
navigable in fact, then it is to be so considered in law. Counsel for
appellant admit this is the projK'r test as to rivers, but they deny its
application to lakes. Why should there be any distinction?

The use to which the body of water may be put is the true criterion.
If the body of water is sufficiently large and deep to serve the jmblic
in providing transportation to any considerable extent upon its
bosom, it is sufficient to give the public an easement therein for the
pur]M)se of transportation and commercial intercourse.

\\\' have so few lakes of large size in Pennsylvania that the question
of the rights of the i)ublic with regard to navigabh^ lakes docs not
seem to have arisen. But in Wisconsin and in Minnesota, where lakes
abound, the precise point has been decided. In Pewaukce v. Savoy,
103 Wis., 271, it is said, "It is the settled law that submerged lands
of lakes within the boundaries of the state belong to the state in trust
for the ])ublic use, substantially the same as submerged lands under
navigable waters at common law. Upon the admission of the state

70

HEPOR'T Of' THE

Ott. Doc.

into the Union the title to such lands, by operation of law, vested m
it in trust to preserve to the people of the state forever the common
rights of lishing and navigation, and such other rights as are incident
to public waters at common law, which trusteeship is inviolable, the
state being powerless to change the situation by in any way abdi-
cating its trust.'' And in Lamprey v. State, uli Minn., 181, Justice
Mitchell, after an interesting examination and review of the authori-
ties, says "Our conclusion, therefore, is that upon both principle and
authority, as well as consideration of public policy, the common law
is that the same rules as to riparian rights which apply to streams
apply also to lakes, or other bodies of still water. In this State we
have adopted the common law on the subject of waters, with certain
modihcations, suitable to the dilference in conditions between this
country and England, the principals of which are, that navigability
in fact, and not the ebb and How of the tide, is the test of navigability,
and that we have repudiated the doctrine that the State has any
private or proprietary right (as the king) in navigable waters, but
that it holds them in its sovereign cai>acity as trustee lor the people
for public use." And the rule was laid down, -that where a mean-
dered lake is non-navigable in fact, the patentee of the land bordering
on it takes to the middle of the lake; that where the lake is navigable
in fact, its waters and bed belong to the State in its sovereign ca-
pacity, and that the riparian patentee takes the lee only to the
water's edge." The reasoning upon which this opinion rests appeals
to us, as it did to the trial judge, in the present case.

We think it enunciates a sound principle and seis forth a reascm-

flble rule

Assuming, then, that Conneaut Lake was a public navigable body
of water, when the Commonwealth utilized it iu connection with iis
canal system, it took no private property. 1 1 merely ma«le use of a
body of water, which it already held for the beuelit of the public. It
made the same kind of use of it, in part, at least, that it did of the
Beaver river, or the Ohio river as part of its canal systeiu. As the
trial judge well says: "The authorities of the State c(mceiviug that a
further beneficial and advantageous public use could be made of the
waters of the lake and the lands thereunder with no material abridge-
ment or impairment of the uses for which it was then held, authorized
its further use, without payment or compensation to anyone as a
storage basin for the canal. The State did not take or condemn it
for such use. It already owned it and subjected it only to additional
uses as a public highway for all the people. What the State was then
doing was not destroying public highways existing for the use of the
people, but endeavoring to provide others for their use."

When the Commonwealth enlarged the lake and raised its level, it
overflowed a strip of ground all around the lake. After the abandon-
ment of the canal and the return of the waters to the former level,
the question of the ownership of the strip of land thus uncovered
arose, and it seems to have been decided that the fee to this land had
become vested in the Commonwealth. But we do not understand that
the decision had any reference to the ownership of the soil under the
lake when in its natural condition.

The defendants are lessees from plaintiff's grantor and assignor
for terms of 999 years each. The leases described the premises leased
to them as abounded by Conneaut Lake and its meanderings. The

No. 21.

DEPARTMENT OF FISHERIES.

71

leases contain covenants that the lessees will not empty any sewer
from the leased premises into the lake, and that they will not cut, or
transport across the leased premises any more ice from the lake than
they will necessarily consume for their individual purposes, or permit
anyone else to do so. Then follows this clause: "And to have no
other right to use, occupy or enjoy said lake other than is herein
specified and permitted." The penalty for the violation of any one
of these covenants is the forfeiture of the lease, the lessors being
given the right of re-entry when such forfeiture occurs. Counsel for
appellant contend that navigation of the lake with a steamboat
owned by defendants is a violation of the covenants of the lease,
which equity should enjoin. It is difficult to see upon what ground
this contention can be based. The language of the lease is not clear,
and it comes within the established rule that in case of doubt and
uncertainty as to the meaning of a lease, it is to be construed most
strongly against the grantor and in favor of the grantee. The lessor
here was very careful to insert covenants against the discharge of
sewerage into the lake and limiting the amount of ice to be cut. If it
had desired to restrict the lessee in his right to navigate the waters
of the lake in comuKHi with the rest of the public, the least that it
could have done would have been to insert an express covenant to that
effect. The construct i(m of the lease for which appellant contends is
too doubtful to be enforced b}' equity. If it can be shown that the
rights of the lessor have been infringed, we see no reason why an
adequate remedy at law may not be had, or why, if the terms of the
lease liave been violated, ejectment will not lie, to recover possession
of the premises. Equity is not to be used to settle disputed questions
growing merely out of the legal rights of the parties.

The assignments of error are dismissed, and the decree of the

court below is affirmed. The costs of this appeal to be

borne by the appellant.

POWER DAMS.

Three huge dams for power purposes have either been erected or are
being built, one in the Susquehanna, one in the Juniata and one in the
Kaystown l)ranch of the Juniata. This utilization of the water power
of these streams began three or four years ago by the starting almost
simultaneously of the McCall's Ferry dam on the main Susquehanna
and the Juniata Power Company's dam at Warrior's Ridge above
Huntingdon. The dam on the Raystown branch about six miles from
Huntingdon was begun in 1908. The structure on the Juniata at
Warrior's Ridge was only 26 feet high and probably not much more
than a thousand feet long and, therefore, was soon completed. The
McCall's Ferry dam was designed to be more than sixty feet above low-
water mark and about eighty feet from bed rock and about a mile
long. It was, in fact, one of the three greatest structures of the kind
in the world and the company was capitalized at many millions of
dollars.

REPORT OF THE

Off. Doc.

72

In order to test the legality of such structures 1 managed t^ have
4.1 Ar.r^.irc i?prrv Power Compauy taken into the Uaupum i^ouiiiy
roui throu-rtUe^U^^^^^ Department of the State, w.tl.

tte JeVuU thSt t he ctporation was penaitled to eon|inue con.lrucu.^i
under certain conditions tendering tl.e n.igration ot »'«1^ ""J ^''f *''^''^,
ft?t,,rfl navi-ration During tlio last panic tl.e corporation got tnto
financiaTmm^uWes aud was recently sold and the company reor-
|an."ed DurTng these ditTiculties work on the dam was suspended

'"m IdditfoVtf ?Wstnd the dani on the Raystown branch and the
one at WarHor^ Kidge, a nun>l,er of smaller dams for power pur-
uoses have been built on several smaller strea.ns tributary ot the bus-
auelianM!and 1 understand that several others are to l>e /constructed
?n the near future on the Susquehanna both above and below llunt-

'°ThTerection ot high dams on the Susqu.'hauna and Jiiniata, I
firmly belTeve means The doom ot the shad fisheries because this very
va"t^able ood fish is exceedingly timid and never would venture «
Inv number through fisbways of tl.e types built in dams up -recent
vears What they will do with the present type approved b.> this

Cp'rtment and the United States f'-'f"""-' -■'"■l"'^, '; 'l^.^!
but if they take to them much more Ireely H'^" 1''*-' "''"-''^ types i

nparTlrmy belief in the inevitable ^^f^^^^^f^^jf^
fisheries, those dams are likely to j.rove '''l"''''^'-''' .1" ♦''•^,. ^'1 as
terests so far as other species are c<mcerned, especially M<h t.Npes as
he chain ^ckerel, the Jusquehanna salmon more l-^'-'i-l-'^.BS.
Dike-nerch yellow perch, catfish and bla<k bass. All o these fislies
nf pa«' through the fisbways very freely and do well in the deep

"'iHs :iZen"nX\- time for the utilisation of our water courses

for powrpuri.««'« ""-^ "''0"t '>'■••"*"'• '">' '' ''''•^'"^ *" T ^^f II
Sislature'^shiuld fix a statute of *•-'«««<••»'• V,"''';'„Tlb ["other Pe-
Dartment of Fisheries may act more intelligently, but that other I )e
par men s of the State Government might do so also, and what is of
equanmportance that the projectors of such enter,>r.ses may have a
more secure legal status than they now appear to have.

SUPERINTENDKKTS- MEETINGS.

One of my first acts as Commissioner of Fisheries wa.^ to call all
the superintendents of the hatcheries logelbcr annually f'^ '« I"Jt;;
nose of discussing hatchery work ; to exchange views regarding the
exper^ncfs of each in fish propagaibm: t,. talk over successes or
famires and to strengthen any weak s|>(,ls wbi.h may have devel-
oped or to suggest means of overcoming any dilllcultus which may
have arisen or likelv to arise. The meetings proved s,. successful and
of sudi great benefit that this year 1 determined to make the meetings
semiannual, one in the oflice at llnrrisburg for tw,. days and two
add t~ days at one or more of the trout stations, and one in the

No. 21.

DEPARTMENT OF FISHERIES.

73

summer of four or five days' duration at two or more of the hatch-
eries. The innovation exceeded my expecUitions as to beneficial
result. At the meeting here in January the discussions were mainly
on trout culture and its various phases, with the result that there
were less losses than ever before and a better type of lish distributed.
The hatcheries visited at the close of the meeting were Spruce Creek
and Bellefonte.

The second meeting was held in July and the hatcheries visited were
Corry, a trout station; Uni<m City, a pond cultural station; Conneaut
Lake, a pond cultural station, and Erie, a battery station. The meet-
ing concluded with a trip on Lake Erie on tlie boat the "Commodore
l»erry"' among the pound nets and gill nets in order that the Super-
intendents not acquainted with the methods of commercial fishermen
of Lake Erie might be familiarized. At each one of the stations a
meeting was held, presided over by myself, and stenographic notes
taken of the proceedings.

The specitic ol»ject of the summer meeting was to study the bass
work at the Union City and Conneaut Lake hatcheries. As an ex-
ample of the character of the meetings the stenographic report of the
meeting held at Conneaut Lake is herewith appended:

Meeting at Conneaut Lake, July 7, 1900.
Mr. Meehan: Mr. Jiuller, what is the type of your bass pond?

Mr. A. G. Buller: The type of my pond is a sloping bottom with
one side shallow and deepening to the other side, the deepest part
being five feet. It has a gravel bottom. 1 built artificial nests for
the bass, but some wouldn't take to them, but built natural nests
sometimes close to those I made. Oftentimes thoy could see each
other working, but this did not seem to disturb them or cause fight-
ing. 1 found both artificial and natural nests filled with eggs. I
watched them every day and both i»roduced fry. I used to think, and
it was generally supposed, that nests should not be nearer than fif-
teen feet, but my later experience does not bear this out.

Mr. Meehan: .Mr. lUillor, did you not have cases where two or more
nests were very close to one another?

Mr. Buller: Yes.

Mr. N. li. Buller: 1 had four nests in six inches of water not more
than eighteen inches apart.

^Ir. :Meehan: I often found in the field that nests were not more
than three feet apart.

Mr. Safl"ord: My bass nested everywhere, some on mud and some
on gravel.

Mr. A. G. Buller: This year T only had ten nests in all. This was
on account of having only twenty four adult lish. Most of them chose
artificial nests. They paid no attention to how the nest was placed.

Mr. Meehan: How did you find it last year?

Mr. A. G. Buller: I^ast year I found very few natural nests. At
my place they preferred to take the artificial nest, although my pond
is'gravel all over. Some were in water less than (»ne loot deep, others
in two and two and a half feet. The natural nests were built in two
feet of water.

74 REPORT OF THE 0«- ^^^c.

Mr. Meehan: How have you found any in deep water?

Mr. A. G. Buller: Have not found them spawning in deep water,
but always in less than two and a half feet of water.

Mr Meehan: I found two or three nests in about seven or eight
feet of water and frequently in live or six feet of water in natural
lakes.

Mr N II Buller: Mine were in deep water, some in seven feet and
several along the shore. In one of the natural lakes my men reported
that the majority of the nests were in deep water, especially in Long
Pond, where there is little slope.

Mr. Meehan: One nest in Long Pond was in such a depth of water
that we couldn't locate it. We could not even locate the nest with
a water glass. We knew the nest must be there because of the action
of a bass continually in that locality. The general opinion is that the
tish will not nest in water at a greater depth than three and a
half feet.

Mr N K Buller: Eggs were deposited in my pond on the 21st of
June and on the 2Gth of June eggs were hatched. The water at that
time was about seventy degrees. The first nest was cleaned about the
5th of June.

Mr. A. G. Buller: At my place spawning began on the 30th of May.

Mr. Sall'ord: At mine on the 21st of May.

Mr. N. K. Buller: The first nests in the field in Wayne county were
between the 25th of May and the 1st of June.

Mr Whitaker: Most of the nests in Sly Lake, Wayne county, were
in about three feet of water, but in Long Pond this year several were
so deep that they could not be reached with the net.

Mr N R Buller: This year I noticed particularly that scarcely
any preparations were made at all by the fish, but nests were hur-
riedly made, perhaps because the water was cold until quite late.

Mr A. G. Buller: I found one natural nest where there was little
preparaticm, grass and gravel mixed together. The result of the hatch
was just as good as on any of the nests. Never found any natural
nests at the upper end of the pond. Where the water is shallow the
water termperaUiie is about one to two degrees diilerent, but the
water temperature has nothing to do with it. I do not really know
what is the cause.

Mv. Meehan: Mr. Nathan Buller, did your bass seek any particular
location?

Mr. N. R. Buller: Last vear they went to the western part of the
pond and this year to the eastern part. They began about sixty
feet out.

Mr. SafTord: Mine went all over and had eggs on them twice.

Mr. Meehan: Mr. Haas I believe has the most unfit pond for bass.
What have you got to say, Mr. Haas?

No. 21.

DEPARTMENT OF FISHERIES.

7S

Mr. Haas: The bass built nests last year in the lower part of the
pond, while this year they built at the upper end at the inflow; both
artificial and natural. I had five nests, two being natural. One
spawned on a pond lily half way down the i^ond.

Mr. N. R. Buller: The eggs being found in the deep water I attrib-
ute to the lateness of the season. The bass went into the deep water
on account of the temperature being lower.

Mr. Meehan: Two nests in Long Pond last year were in six and
seven feet of water. One nest 1 found about one hundred feet away
in water not less than six inches.

Mr. A. G. Buller: Nathan, you said that your bass spawned last
year on the western side of your pond and this year on the eastern
side. How do the bottoms compare?

Mr. N. R. Buller: The western side slopes abruptly and the eastern
side slopes gradually.

Mr. Safford: My pond is the shape of a flatiron and the spawning
area takes in the entire pond with the exception of the kettle hole.
Have had nests in both the extreme north and south corners at the
same time.

Mr. Berkhous: My pond is the same depth exce])t in the kettle,
about two to two and a half feet with the exception of the kettle. The
spawning area practically covers the entire pond with the exception
of the kettle, and to about twenty feet of the inflow. The fish keep as
close to the centre as they can. T attribute this to the people walking
around the pond. They deposited their eggs on moss and on gravel
too. T did not put in any artificial nests at all as they go outside of
the artificial nests and make natural ones. They started spawning on
the 15th and 20th of May, both large and small mouth. Practically
all spawned wnthin four or five days.

Mr. Meehan : Mr. A. G. Buller, did you notice while your bass were
spawning that they were any different, as to size of nests, and quan-
tity of eggs on the artificial and natural ones?

Mr. A. G. Buller: The same proportion. An extremely large
amount of eggs on all nests. T had very large breeding fish.

Mr. Saff'ord: My natural nests are always the largest. I find more
difficulty in kee])ing them on the artificial nests than the natural, and
hereafter I do not intend to use any artificial nests, but sunshades.

Mr. A. G. Buller: They never went to jflaces where I put gravel
without the Lydell boxes,* but picked out ]»laces at the bottom of the
pond where there was no gravel. I put in ])iles of gravel at different
places. They never touched them, but took to the Lydell boxes in
preference.

Mr. Haas: Mine went down to the lower end of the ])ond and built
nests in mud and refused to build in gravel although all my bass are
small mouth.

Mr. Safl'ord: I lost fifteen nests of eggs this spring. I attribute it
to the male being no good, too old. The eggs were fine and healthy,

REPORT OF THE

Off. Doc.

76

M. Hart^an: I t.inU .n. wa. due ;o;Vetut'thrtirof
There must have been something wiong wiiii m^

'Tl'fford: My fish did not take any food for three weeks before
they spawned. ,

Mr. X. H. B.nier: Mine are J^d^^^^^^^^^^^^

^^^f'i^a^X^i:^^ perio^d. I feed the fish as soon
Ts Jhofa're pnt in t,Ie pond, on ,„n,s, liver and cnrd.

,, K n Tt„ilo,- Aline are fed lilie brook trout. In the fall of the
ye^j; when^h^t^ .et coKl, my snnfish and yellow perch

will not touch food of any kind until spring.

Mr. Median: nave you tried the submerged feeding?

Mr. A. G. Buller: No. . ^. i x

Mr. Meehan: Mr. Berkhous, how about your submerged basket

work

Mr* Berkhous: I have been very successful. My bass will not eat

any food except live minnows.

Mr. N. R. Buller: Abraham, at what point of your pond do you
feed your fish? ^ xu « i.

Mr. A. G. Buller: Where the water comes in, I teach the fish

to feed.

Mt^ T M Berkhous- The large mouth bass were fed a year ago last
Mr. 'J. li. iseiKiiouft. xuc i« fo J nonrlv pverv case it

time.

Mr. Meehan: How about yours, Mr. Safford?

Mr. Safford: The «rst Aftj^n ne^ts c.me a,U^^^^^^^^
S Xe trotl^isLrTtZrru'th did not su|er. It was
the la -e mouth. The first year the large mouth d.d notbmg. 1 think
the males are too old. The eggs, as 1 have sa.d, were fine.

Afr A G Buller- I gave Mr. Haas thirty-seven also Mr. Safford.
Mr Haas' eggs turned out all right, so 1 cannot see wh.y>t would be
Mr. iiaas ^hh somoth ng else besides the age. Some-

Ihing'multte wrong withthe fish. Mr. !laas has not had bis eggs to
die as you have, Mr. Safford.

Mr. Safi^ord: Possibly my ponds are too shallow.

Mr. Berkhous: My fish fed up until the ,^l>^^"^"^/;;:^^', ^^^^^^^^
small mouth died off as high as ten in erne day. Ihey weie pertectiy

healthy fish.

Mr Meehan- We have to look for something else besides age as the
cause iTthe oggs were properly fertilized and die afterwards then it
must ha^l beeniomething else besides the age of the males.

No. 21.

DEPARTMENT OF FISHERIES.

77

Mr. A. G. Buller: I have noticed that in some bass nests, when ex-
amined in the morning and in the afternoon would show no bad eggs,
but the next day there would be a fcAV. Would eggs dying the next
day have l)een properly fertilized?

Mr. Meehan: If bass eggs appeared good for two or three days it
would naturally be thought they were properly fertilized.

Mr. Safford : By going over the nest I can tell whether the eggs are
pro])erlv fertilized. They have a more brilliant lustre. One of two
things it must be, either the ponds are too shallow or they advance
too rapidly.

Mr. Meehan: Mr. Safford, how is the water temperature?

:Mr. Safford: Was not within the danger period at any time.

Mr. Haas: The 10th day of May I had bass.

Mr. :Meehan: Mr. Buller, about your spawning water, your spawn-
ing area is about two feet?

Mr. A. G. Buller: About two or two and a half feet. Practically
the same depth.

Mr. Berkhous: About the same depth.

Mr. A. G. Buller: The fish may be perfectly healthy looking yet not
in a healthy condition and the effect would show in the eggs.

Mr. Safford : I cannot see why then we should get even three nests.

Mr. Meehan: The very fact that you did get three or four nests
would rather indicate there was something wrong with the fish them-
selves. Tliev could have every appearance of health and yet have some-
thing wrong with them, but I do not believe it is due to age. How did
vou feed them, Mr. Safford?

Mr. Safford: I cut liver in strips, but they did not take it.

Mr. Meehan: How about feeding yours, Nathan?

Mr. N. B. Buller: I never had any trouble to feed.

Mr. Meehan: Mr. Wm. Buller, you had some bass in your ponds at
Corry, did you have any tremble with them taking artificial food?

Mr. Wm. Buller: Not a very great deal.

Mr. Meehan: Did you when you started?

Mr. Wm. Buller: I just fed them lungs. Never any liver. The
same as trout.

Mr. A. G. Buller: My yearling bass will take lungs, but I think that
is due to the minnows going up and feeding that start the yearling
bass to take the food. My bass pcmd is half as large as Mr. Safford's
and T do not think I sh()uld have more than seventy-five bass in my
pond; they sh<»uld not be crowded. I think that Mr. Safford has too
many liiiss in his ]»(md. My ])<»nd is 200 feet long and contains 2,000
square feet. Mr. Saflord's is 10,000 square feet. Two years ago I lost a
quantity of bass. In the fall of the year I had about one hundred and

REPORT OF THE

Off. Doc.

78

^ ^ • . fioh Tn thP sDrino- when the ice went off, the bass were

thSTk it a good thing to crowd the bass in the ponds.
M. Meehan: M. j^^^ei^ of ^chigan i« a .^^^

LXf Strare'oMain^edTre^ncing the nuniber down to a certain
point. You get better eggs and more fish, according to him.

Mr N. R. Bnller: I have about two hundred and t^e^'y-fjlt/'The
mine and the pond is nearly double that of «;•■ A G. BuHer | Ihe
™ttle of my pond is very large. The large part of t^e kettle is 60 leet.
The voUime of my water is three-fourths more than Mr. A. G. Buller s.

Mr. A. G. Buller: I think if Mr. Safford's kettle of his bass pond
was larger it would be better.

Mr. Meehan: It was deemed desirabj. to ma^^^^^^^^^^^^^
Crawford Hatchery the way we did, but 1 also oeiieve a ict g
would be better.

Mr A G Buller- 1 believe if we built the ponds alike at every
sta^L the results wou^ not be the same. Conditions vary m differ-
ent localities.

Mr Meehan: Each man has pursued his own methods. Different
kinds of water have to have different kinds of ponds.

Adjourned.

The facts developed by the --"-ig -«•;«'. f^|;t<^CSr that" he
SKranTrvATf^x^t rfsT r'atst ?;:L"rhTthereon is

™^r^:t tra^T^uLS SeMt i:r „"Ssary that black
bafsT°tmc?al nesTs be LAr^ny considerable distance apart or even

fit rpffuhir distances apart.

Ttod that while a natural nest may sometimes have more eggs
thJn one constructed by the fish culturist it is not necessarily the

'fourth, that while black bass prefer and ^^^f^y^ZV^i^^.l" Ir

three feet of water or less they sometimes will spawn in vsatei six or

seven feet deep and even at a greater depth. , ,^ ^ .

Fifth that it is important to frequently and liberally feed the brood

The following points previously accepted by Af '<=»'♦""« sjv-ere

^ !i HovoiiiU nf the meeting above reported stenogra phically .

S"that^n™"re™o Main'ed from aV fish in a pond than

from a considerable number.

A +1.0+ Kinpir h^^^ will freouently refuse to occupy an arti-
ficfrn"esi lv:n wren '^11 Tonstrad, aL build a natural nest for

itself
Third, that black bass can be made to take artificial food.

No. 21.

DEPARTMENT OF FISHERIES.

79

Meeting at Erie Auxiliary.

As a further example of the value of the gatherings, the following
meeting of the Superintendents held at Union City on the date pre-
ceding the one at Conneaut Lake :

Mr. Meehan: We have at Spruce creek a new station and we are
rapidly building a large trout plant there. We have a spring which
yields about two thousand gallons of water a minute. We have that
spring at present split into three parts. We run one split, a ten-inch
pipe, into the hatching house. A second split would fill about a six-
inch pipe and flows into a set of ten fry ponds in one string, one below
the other. The third split is in a series of six or seven or eight ponds,
varying in length from fifty to seventy-five feet and from twenty to
twenty-four feet wide. The fry ponds in the second split are about
thirty feet long and about twelve or fourteen feet wide. Those ponds
are all about three feet deep, excepting the big pond, which is about
four feet deep. Now at the present time we are running all the water
from the spring in these three splits with the idea of bringing them
together further down at some future time. The question is, can one
more split be made for a third series of ponds? The third series of
splits is for yearlings and three-year-olds, and the fourth, if it is
made, will be for two-year-olds or thereabouts. The water tempera-
ture of the spring is 52. The water itself is about the same character
as at the Allentown hatchery, that is, it is nearly soft. There is a
little bit of lime, but not a great deal. It is so little that one can
make soap suds with it. What is your opinion, Mr. Nathan Buller:
can that fourth split be made?

Mr. N. R. Buller: I certainly think you can with that quantity of
water.

Mr. Meehan: The water of the first split, after it runs through the
hatching house, will flow out and enter a set of ponds extending down
along the hillside for say a thousand feet. The second split flows
from the spring into the set of fry ponds that extend for about two
hundred and seventy-five feet to the lower end of the hatching house,
where it empties into the set of ponds that I have just described. The
third split flows through the ponds parallel to the first two hundred
and seventy-five feet and then turn along the front of the lower end
of the hatching house, and again through ponds parallel with those
along the hillside about five hundred feet, where it enters the first set
of ponds. This fourth set of ponds, if it is deemed safe to build them,
will extend about two hundred feet westward of the second row, and
then turn and extend eastward eighty feet and then through two
ponds and empty into the second tier of ponds. You think that can
be done?

Mr. N. R. Buller: If you are not running more than five hundred
gallons in one section it would take about a six-inch pipe and the tem-
perature of the water is not over 54.

Mr. Creveling: I think that if you want to stock your ponds pretty
full of fish you will have trouble. You would have the two six-inch
pipe and run into three, whether your temperature goes down much
or not.

«

REPORT OF THE

Off. Doc.

80

ATr AfPohan- We have the same kind of water as at Allen town.
You feeatomM>^i^ a six-inch pipe. One feeds ten now and

another feeds six at the present time.

Mr Crevelins: You cannot carry as many fish in lime water as you
caf in mout'n water. We have lour pipes and I used thr and
within three days I had to give them an extra pipe. Ihey are one
inch pipe.

Mr. Meehan: Could you not take a little water from the other
ponds to give suilicient to make that other split.

Mr Crevelin-- Thev are running more than half the water now
What i^\^;' miM-em-e-in pond area\t the ^^f^-^ ^^ ^^^^
eight ponds and the ponds that used to be at Allento^n.

Mr. Mehan: Including the big pond pretty near what it was at the
old hatchery.

Mr. N. R. Buller: Then I think a little could be taken from the
other ponds.

Mr H M Buller: I am running through each fry at the upper end
of my hatchery two two and a half inch pipes.
Mr. Creveling: You are running creek water?
Mr. H. M. Buller: Yes.

Mr. Creveling: What is the temperature of that water?
Mr H M Buller: Fiftv-two and fifty-four degrees excepting in the
middie of summer, when it is higher without causing the fish any
distress.

Mr. Creveling: What is the area of the ponds?
Mr. n. M. Buller: About fourteen by forty feet.
Mr Crovelin^r runs one-inch pipe, four to each pond. There is no
pres:ux';Troirmrpipes as the?e\s a fall of only about four inches
and each pond contains about ten thousand fish.

Mr. Meehan: Your opinion is that you could not spare any water?
AfT. w H nms- We could not run that with my spring. I could
not bdll;e^w^^^^^^^^ split^or another series in Spruce Creek. I would
be afraid of it.

Mr Meehan- Mr. Safford, you were in trout work. You have
heard what h^^^ been said here. ' What is your opinion as to the possi-
bility of another split at Spruce Creek /
Mr. SafTord: I think it can be done.

Mr. Meehan: What is your opinion as to taking a little water from
each series of i)onds?

Mr SafTord: I could not express an opinion because I have never
seen it and do not know how much pressure is behind it.

Mr. Meehan: T should say that the pitch behind was the same as at
Bellefonte.

No. 21. DEPARTMENT OF FISHERIES.

Mr. Safford: Then I think it can be done.

81

Mr. H. M. Buller: How is the pitch compared with Allen town?

Mr. Meehan: There is more water at Spruce Creek than at Allen-
town and about the same fall. Mr. N. R. Buller, you have seen both
stations, is not the fall about the same?

Mr. N. R. Buller: 1 sh(mld judge by what I have observed that the
fall at Spruce Creek is at least equal to the fall at Allentown.

Mr. Hartman: What is the fall from the spring to the lower end of
e hatching house?

Mr. Haas: Four and a half feet.

Mr. Meehan: What is your fall, Mr. Creveling?

Mr. Creveling: I could not tell you certainly. I guess about thirty
inches with about a five-foot drop from spring to pond.

Mr. Meehan: That would be a little over four feet.

Mr. Creveling: Just about the same pitch as Spruce Creek — 12-foot
drop on one and five on the other.

Mr. SafTord: I do not think there would be any question but that
you could make the split.

Mr. Meehan: It seems to me, from what they all say, that it would
be perfectly safe to make that fourth si)lit and tliat another would be
worth trying over at Allentown. Mr. N. R. Buller has four splits on
two hundred gallons and that four sjdits is split into six. Water tem-
perature, 58 degrees. Fish do nicely in that water.

Mr. Meehan: Is there any other ]»oint that would suggest itself
in regard to the trout work that we would like to take up?

Mv. N. R. Buller: What is the cause of short gill covers? T have
the least number of trout of any of the trout hatcheries, but T have as
many short gill covers as anybody ])rojK)rti(mately. I have never
caught a wild trout with short-gill covers.

Major Evans never caught a wild trout with short-gill covers.

Mr. Whi taker never did.

Mr. H. M. Buller never did.

Mr. A. G. Buller has.

Mr. Meehan: Where were you fishing?

Mr. A. G. Buller: Down those streams from the hatchery.
6—21—1909

g2 EBPORT OF THE 0«- °~-

Mr. Meehan: Co«M they have been fish that were planted?

Mr. A. G. BuUer : ^e^-^J;^; 'tSa^..o^^^^^ tt hatch^

:r ThT4 Lrr ? SK wlfhtl^nce ot .hort-giU covers
right in the troughs.

Mr. Meehan saw more at Weissport than any other place.

Mr Safford has seen them on every hatchery he ever visited.

Mr. Creveling says it is done in the fry stage-in the first six or
eight weeks after the fish are in the house.

^- ^- -«-rtheT;irs,!Src:7erriuf riSt ^pYy^^
C^,rin°he*olTdS ovt in^he AUentown hatchery, when we
run 15 to 18,000 to a trough, there were many then.

Mr. Safford suggests to experiment on two troughs, counting the
fish.

Mr. Berkhou.: You fi-Vh^lfhlught H JaTd^frtm^^^^^^^^^^
Tth': :4r "VoreTo^rdidlVh^-vl'^^^^ «ty fish m them.

Mr. Hartmant When did you find this-after they began to feed?

Mr. Berkhous: We noticed it in the advanced fry stage.

Mr Creveling- Whv does it not come from handling them-picking
thl up in t^scap net? It may be done in the handling.

Mr. Meehan: Mr. N. R. Buller, do you find any perch with short
gill covers?

M. ^ -R Biiller- Yes, lots of them. Tf you would handle trout
anfhandir-th'^m rough enough to l.nock off the gill covers you would

have a dead trout.

Mr. Creveling's idea is that short gill covers are chiefly due to over-
crowding the troughs.
TInanimouslv agreed that this is the probable cause.

have heen filthy ponds. Wherever the ponds ^j^^J^^^^^f;^^^^^^^^^

throat tumor has been the most ^'^^"".f^";,. J, ,^^^^^

where the ponds are clean. My idea is that that disease is largeiy

to filthy ponds.

No. 21.

DEPARTMENT OF FISHERIES.

83

Mr. Creveling: I always thought it was caused by feeding. If the
food is not scattered the fish make a dive and strike each other.
They can bite a piece out of a trout and it heals up, but a bruise is
different.

Mr. Haas says the food should be scattered all it can.

Mr. N. K. Buller thinks it starts from an injury and develops in
filthy ponds.

Mr. A. G. Buller: At Port Allegany I found the ponds in pretty
bad shape and I found the same thing on the fish at Port Allegany.
The ponds were not overcrowded and the food is scattered.

Mr. Meehan: I found the ponds at Blooming Grove in a very filthy
condition; in fact, I don't know if they are ever cleaned out.

Mr. H. M. Buller: Found in one of my ponds of silver side salmon a
lot with boils. It was found in the lower pond and they were
crowded. Thinned them out and the trouble disappeared. There
was more dirt in that pond than in the upper. They are one year
old now.

The facts developed at this meeting were: First, that it is danger-
ous to spread or divide the water of a spring into many parts; that
the exercise of the greatest judgment should be used in the matter.
Second, that water can still be spread into a greater number of parts
than was believed a few years ago. Third, that short-gill covers in
fish is probably produced l)y handling in the hatchery troughs.

84

REPORT OF THE

Off. Doc.

REPORTS OF HATCHERY STATIONS.

CORRV IIATCHKKY, NO. 1.

Kepoit of William Biillor, SupoiintGndent.
Hon W E. Meebaii, Comniissioiior ol* Fisheries:—

^^l^Z «:u':i;::;nrrinS an^ieo, asl fee. the results would

'"^Tinrveiv llieie «..,e 1,.S(I(. lavj;.. im.le brook trout .listributed to
the foll.AvIng counties: Crawlord, Clinton, Krie, \ enango and

'"'iMriirown trout wcr.- distril,«ted to Blair, Centre, Cambria, Elk

and Warren. T>,>,f.nilipr I received 1,0()0,()0() lake trout eggs

Dunng be mon 1. ' ^>et .^^e. rwe^^ i\,umi^,l tlie fish, finger-

,on. Ibe t"'<;" f^ <.^ '•; ' iK^e .g«« in l^ake Krie. As 1 mentioned
lings No. I, hatUiea "" y^^ ^■r between tbe European

t?n inZokTIul, \,nt1 ;::t^\.:t"s yet been able to «nd H.e

Vlw.v f^iunlP^ Thev are now alumt four years old.

males or leniaies. i iit,> cui- n^" „f 41wW.»t^vv intphorv from

The improvements made on the gnmnds at the Con v hatclier> iron

f^rnPto line are beginning to show for themselves and are daily

7^Vain\he a mearance oT' the place. The rebuilding of the entire

fun b?r ;V ond^:"tr^^^ all tile blocks has been near^ com-

pMed Th L also atlords better satisfaction m '^f ^^^'^jf/^^^.^^et to
Thirin- the summer we built two new ponds about 40 x GO feet to
Pnr-^ frv an 1 voarlings. On the acre of ground recently purchased
Tan bu\ldi • la -gc^xnid to carry adult trout. This pond covers
1 am DuimiiJ^ .1 i a ^ i concrete same as

r^'d "ri V n "„.i:"ed.^T'i.:';lep^^ of tUe water at tbe deepest

I ,hU will be about five feet. I ex,.ect to carry a large nun>ber of

rulers n this ond and look for good results. Tins poud will be

^, ?',i fvoin s,.rin"« we bave bec-n unable to utilize heretofore. \Ae

fvtnvl vit sixinch sewer tile, using altogether one hundred feet.
B i la CO crel^ sill under No. 1 hatching house, also concrete floor
ste and a orn. in meat house. Paiuled No. 1 and No. 2 hatching
honses otfice building, an.l posts of wire fence wbi.'b enclose the
grounds Also ,,ainte.l the Superiuteudenfs .Iwelliug house, wood-
shed, and laid four inch drain tile from cellar.

84

REPORT OF THE

Off. Doc.

REPORTS OF HATCHERY STATIONS.

COKKV HATCIIKKV, NO. 1

Hon. \\'. i:. Mi'i'liaii, Coumiissioncr nl" Fisln'iit's:—

Sir- lu iiiv lasi lepoil ! sialiMl ihal tlioie wore 4,0(M),(MI() brook
trout e«^"s ami irv in rlu' liahluMv iroii-lis. From tlicsc I was al»ie
to disiri7.iii(' :;,!!;;•>.:.<)() lisii in iwrniv llircc (lilU'rcnl «-oniilic's. Tlic
frv W.Mr in a licalliiv ^nndiiion. dn acn.unl of ll.e opiMi wnilcr ol
I'M)') we were aUie io '.Kuin <lisi i i!>ntin«;' llic lish earlier llian usual,
ami they were earrie.l wiiiioiii (lie use ol' iee. i wish I eouhl he ahle
lo ship all my lish wilhoul usin- anv iee, as I feel the results wcmhl

be better. , , , , t - -i ^ i +

This vear ilicre were 1>(K> biri'v male In-ook troul (listributefl to
the lofh^win- .(.unties: Crawlord, Clint. m, JOrie, Venanj,^.. ami

^\'arren. , . , ^ ^, , . ,,„

The brown trout wcr;' .lisiri:>ul(Ml lo Jllair, Centre, Cambrm, J!.1U

an.l Warren. , , .

Duriu" Ih;- nmnth ..1 1 hM-eiiibcr I rec.'iv.'.l l,(fO(),lHM) lake trout ejigs
fr.aii tlu'lnion ("iiv hiiirluMv. Dnrin.i; May I planic.l the lish. linoer-
linos No. 1. hatehe'd liom these e.u-s in Lake Krie. As I mentioned
in lav previ.nis r.'i'ori I ha.l maiie a n-oss belween the Kuroi.ean
brown and bro.)k lr..ni, but I have n..t as yet b.'.ii nlde to lind rii»o
males .»r females. 'Ihey ar.' now ahoiit four years <ild.

The improv.Mm'U'iS niaile ..n the -rounds at tlu' Corry hatehery fr.tm
liuH' lo time ar.' b.-iiinin«i- to show lor ihcmseives and are dady
:,ddin<- lo the :ippearan.-.' ..f the j.la.-e. The rehuildin-: of Hie entire
numlu'^r of p.mds with ...n.-r.'K- and tile bloeks has been nearly com-
pleted. This also alVords bet mm- salisfjieli.m in handlini,^ the lish.

Puriii"- the summer we Imilt two uow ]Mmds about 40 x (lb feet to
earry frv and v.-arliu-s. On ili.' a.re of -round re.-.'Utly imrehased
I -iin huii.iiii" a hirue i»oml to .-any adult Ir.tut. This ]K)nd covers
over .me foniTh nf :m a. re. The sid. s are Imill of .-onerete same as
the p.»m1s I have m-nliomMl. TIw dei.th o[' th.- water at the deepest
]M»inl will be nl oni live leet. 1 .'XImvI t.. .arry a lar-e number of
bre.'d.Ms in this j.ond ami look for -ood results. This ]»<»nd will be
siip]>li(Mi from sinim's wv hav.- Imm'U unabb' to ulili/c h.-relofore. We
oTjid.'d around th.- mw jm.u.Is an.l repla..Ml som.' ..f Ih.' ol.l w.ioden
trunks with six inch sewer til.-, usinu" aUo-elher one hundred feet.
JJuilt a c.m.i-ei.' sill umh-r No. 1 ha'rliin.i: Idiiso, nlso con.rele fl.mr.
slei» and ]>laiform in meat honsc TaiiiHMl Xo. 1 and No. ll hat.liin.u:
li.mses nl'lic' buiblin^.^ ami j.osts of wiir fence which enclose the
^rnninds. Als.» ].ainl('<l the Superint.Mid.'nl's dwellin;^^ h.mse, w.»od-
she.l, an.l lai.l lour-imh .Irain tile from .-ellar.

a,

o

00

C5

INTENTIONAL SECOND EXPOSURE

No. 21. DEPARTMENT OF FISHERIES. 85

The Corry Fair Association were desirous of having a live fish ex-
hibit at the Fair this year, but the matter was not considered in time
to properly arrange the exhibit; however, 1 placed my large goldfish
aquarium in one of the buildings and secured several fine specimens
of goldfish from liellefonte and Torresdale hatcheries. This display
was quite an attractive one. Since then the officers of the Association
having learned that you are interested in having the fish displayed
in this way, and also being pleased with the success of the exhibit this
year, have decided to build a place for an attractive fish exhibit for
the coming summer.

At the present time I have 4,700,000 brook trout eggs, 100,000
brown trout eggs from my own fish and 800,000 brook trout eggs re-
ceived from the Paradise Brook Trout Hatchery.

Estimated number of fish in ponds at the hatchery for breeding:

Brook trout, four year old and over, 19,000

Brook trout, three year old and over, 9,300

Brook trout, two year old and over, 45,000

Brook trout, one year old and over, 00,000

Lake trout, five year old and over, 400

Lake trout, four jear old and over, 800

Rainbow trout, four year old and over, 1,500

Kainbow trout, three year old and over, l,50O

Sunfish, ' 300

Catfish, 180

Bullheads, 40

Goldfish, 74

Total, 138,094

The distribution of fish from this hatchery by counties follows.
Trusting this report will meet with your approval.

Respectfully yours,

WILLIAM BULLER.

Fish, Etc., Distributed from December 1, 1908, to November 30, 1909.

Brook Trout, Fingerlings No. 1.

Armstrong county, 9,000

Bradford county, 6,000

Butler county, 1 10^000

Clarion county, 12(5,000

Crawford county, 00,000

Clinton county, 394,000

Cameron county, 11(5,000

Centre county, ' 108^000

Clearfield county, 301,000

g0 REPORT OF THE Off. Doc.

f,l^ ^-^7' :::::: IS

Elk county, 216 000

Forest county, ^i^'^""

Huntingdon county, l'm\

Indiana county, o^'p^no

Jefferson county, 201 000

Lycoming county, olinm

McKean county, 12 000

Mercer county, aqt'ooo

Potter county, i ns 000

Sullivan county, J^«'"""

Tioga county, ^^^'^"^

Venango county, 071 nnn

Warren county, 6ii,^y)y}

Total, 3>9G8,500

Brown Trout.

Blair county, ^2,000

Cambria county, ^'"""

Centre county, ^'J:""

Elk county, ^^'^"^

Warren county, "^'^^^

Total, ^Q>500

Lake Trout, Fingerlings No. 1.

Erie county, ■ ^00,000

Large Brook Trout Males.

Crawford county, 200

Clinton county, ^""

Erie county, fi^

Venango county, ^"j:

Warren county, ^

Total, ^'800

Catfish, Fingerlings No. 2.

Crawford county, ^^^

Clearfield county, ^""

Erie county, ^""

Elk county, ^ ^""

Warren county. ^'°^^

Total, ^

No. 21. DEPARTMENT OF FISHERIES. 87

Blue Gill Sunfisli, Fingerlings No. 1.

Crawford county, 5,000

Warren county, 5,000

Total, 10,000

Summary.

Brook trout, fingerlings No. 1, 3,968,500

Brown trout, 46,500

Lake trout, fingerlings No. 1, 700,000

Large brook trout, males, 1,800

Catfish, fingerlings No. 2, 5,100

Blue gill sunfish, fingerlings No. 1, 10,000

Total, 4,731,900

88

REPORT OF THE

Off. Doc.

ERIE HATCHERY, STATION NO. 2.

Report of Philip H. Hartman, Superintendent.

Hon. W. E. Meehan, Commissioner of Fisheries:—

Sir- I herewith submit to you my fourth annual report from De-
cember 1, 1908, to November 30, 1001). I regret to say that the output
for the last year was a tritle below that of the previous year ihe
decrease was not due to the quantity of eggs taken, for we had more
ec-s than ever before, but was due to certain portions ot shipments
of white fish and pike-perch eggs not being up to their usual stand-
ard This, for the most part, was due to severe storms prevailing at
the 'spawning periods of these two lishes. The total output was 144,-
106,245 fish, fry and frogs. The number of each kind and dist^ribution
of same will be found in table of output hereto attached. Ihe last
herring eggs were taken December 5, 1908. The reason tor ceasing
operation! at this time was that the weather was very bad, fishermen
being unable to reach their nets for days at a time. Naturally, alter
such delays between lifts very few live fish were to be found in

^ About December 1, 1908, reports reached here that large hauls of
white fish were being made at Port Maitland, Ontario, and that mill-
ions of eggs were to be had if there was some one to take tlieui. De-
cember 5th I decided it was worth the effort to umke a trial Ihe
Commodore Perry, with spawners, was ordered to lV)rt Maitland.
On arrival there it was found we were just about htteen days too
late as the fishing was just over. According to information received
from the fishermen at Port Maitland there must have been many
millions of eggs destroyed, or, in other words, wasted annually, feo
a partial agreement was made at that time whereby we were to have
the eggs another year for the taking. But along in August following,
I received word from Commissioner Meehan, saying that he had re-
ceived official notice from the Canadian Fishery authorities that
there would be no fishing for white fish in the spawning season. This
was not very encouraging news as I had been planning for a heavy
take of eggs from the Canadian shore. I then let the matter rest tor
the time being. In October word came to me unoiricially that the
fisheries authorities had decided to let the fishermen fish in the spawn-
ing season. . ^ . ,, . i <• i» <
Acting accordinglv, I ordered Captain Driscoll to clear for Port
Maitland October 2ist, instructing him to get all informati(m avail-
able and make all possible arrangements to get the eggs. On his re-
turn the Captain reported that the officials from Windsor, Ontario,
had been to see Port Maitland fishermen and notified them that they
would gather the spawn for their hatcheries. Before leaving Cai)tam
Driscoll was informed that there was a fishery at Nanticoke, Ontano,
nine miles from Port Dover, operated by Mr. A. B. Hoover and that
heavy catches of white fish were made at his fishery. Furthermore

No. 21.

DEPARTMENT OF FISHERIES.

89

the information was positive that we would be able to take a great
many eggs.. October 27th, acting under instructions. Captain Dris-
coll sailed for Port Dover. On arrival there he got into communica-
tion with Mr. Hoover and stated to him just what was wanted.
Mr. Hoover readily C(msented to let us have the spawn. So November
3d the Commodore Perry with spawn- takers, egg cans, etc., cleared
for Port Dover and Nanticoke. From November 4th to December 1st
there were taken at the Nanticoke Fishery of Mr. A. B. Hoover, 41,-
760,000, white fish eggs, and barring accidents and other unforseen
obstacles that might get in the way, we expect to double the take from
the Canadian shore another year.

Had it not been for the Canadian white fish eggs this hatchery
would hatch very few white fish fry this coming spring owing to the
very poor quality of eggs received from the field at Port Clinton,
Ohio. I can safely say that if the Canadian eggs had not reached this
shore this hatchery wimld be without a white fish egg, with the ex-
ception of a few million taken at Erie, mostly from penned fish.
Had it not been for this new work introduced a few years back, and
known as field work, the eggs we now have in incubaticm would have
gone to waste. I wish to state here that Mr. Hoover was very hos-
pitable to the spawners and boarded them free of charge, and he him-
self took a large number of eggs.

Mr. Charles Klingbiel, Assistant of the Torresdale Hatchery, was
in charge, having as his assistant, Philip Hartman. Mr. Klingbiel is,
no doubt, one of the best white fish spawners ahmg the lakes, and Mr.
Hoover has partly exacted a promise for the return of these two men
another year.

November 8th we started to pen white fish in Presque Isle Bay in
specially prepared cribs for holding to spawn. ^Ve began searching
them November 12tli and up to December 9th, 2.016,000 eggs were
taken in this way, but on the 9th we were forced to pull the cribs out
owing to heavy ice beginning to form about them making it a danger-
ous risk to have them in longer. At the time we still had 500 un-
spawned fish in the nets, the loss of which would have meant quite a
loss in money to the Department as we were respmisible for any and
all fish lost.

The take of herring eggs this fall was the largest in the history of
the Department. A total of 165,4;)8,000 eggs weie taken from No-
vember 23 to December 7. Twenty-three milli(m nine hundred and
thirty-seven thousand of the above were taken at Port Stanley, On-
tario^ The balance of 141,501,000 were taken froiu the field at p]rie.
Owing to the Ccmimodore Perry being busily engaged transporting
eggs from Port Dover, transportation was asked for men and cases of
eggs of the Bessemer and Marquette ofticials, which they kindly and
gladly gave. By these means the eggs were transjxnted by water
from Port Stanley, Ontario, to Conneaut Harbor, Ohio, and thence
twenty miles by rail to Erie. As I was busy at that time with the
white fish and herring field at Erie, in additicm to caring for all eggs
taken, I was forced to call ^Ir. W. H. Safford, Superintendent of the
Crawford Hatchery, to assist me, he taking charge of the field at
Port Stanley.

April 14th the first shipment of pike-i)erch eggs arrived from Toledo
and the last shipment on the 29th. Certain porticms of most every
shipment were very bad eggs, making the percentage of hatch drop

90

REPORT OF THE

Off. Doc.

considerably below the average. Of these eggs Crawford and Union
City Hatcheries received what we term green eggs, lo feasant
Mount and Torresdale Hatcheries eyed eggs were supplied. A 1 pike-
perch hatched at this station the past year were planted in Presque
Isle Bay and Lake Erie, none being shipped to interior waters what-

ever.

Mav 8 we started to take blue-pike eggs. To May 23, 116,110,000
eires were taken. Many more could have been taken, but the appro-
Dilation for field work became exhausted about this time, therefore we
had to cease operations. The blue-pike began to hatch May 20th and
the last of them hatched June 6th. One large shipment of fry was
made to Millersburg and planted in the Susquehanna river.

There were only 1,045,000 yellow perch fry hatched here the past
year Formerly large quantities of these eggs were furnished this
hatchery from the perch fields in Wayne county, and on other occa-
sions from some of the other hatcheries, but none came from this
source the past year. I am in hopes that I may be able to devise some
way of gathering enough from Lake Erie this coming spring for this

hatchery at least. , ,

Thirty thousand frogs and tadpoles, of the leopard species, were
oropagated here. All were used for food for adult fish that we had m
keepiuL^ at all times through the summer, so there were none for dis-
tribution. One large shipment of bullfrogs was received from the
Wayne Hatchery and planted in ponds on the Peninsula.

The fore part of November the Commissioner of Fisheries for-
warded to the Erie Hatchery a permit from the New York Fish and
Game Commission, authorizing Captain William Tallman, owner of
the tu^ "Kocket," to fish for lake trout in New York waters for the
gatherTng of spawn. Captain Tallman set out for the trout the last
week in November. He got three lifts, but the entire catch for these
lifts was only 1,460 pounds. The number of eggs taken was 129,000. As
the lake trout run very large and are hard to handle, and as more care
must be exercised in taking these eggs, Mr. Charles H. Nesley, one of
the Department's expert spawners, was assigned to this particular
duty As the lifts for trout were few Mr. Nesley rendered good serv-
ice in the way of taking herring spawn and at various times gave his
assistance at the hatchery when needed. , v. *u

The planting of fry this spring for the first time was done by the
Department of Fisheries' own tug, "Commodore Perry," the boat
being put in commission March 12th for this duty. In addition to fry
planted from this station many shipments of white fish, herring and
trout were shipped in from Corry and Union City Hatcheries for
Lake Erie The fry were all more carefully planted and scattered
over a larger area, so with more care in planting there is reason to
believe that still better results should be derived from it m the future.
Several of the hatcheries were in need of more brood fish, mostly
blue gills and calico bass, so in the fore part of June the seme was
drawn for them, but we were unable to get them in any large num-
bers, not more than 200 being taken in two weeks of continuous

^^Adult yellow perch and small mouth bass were collected from
pound nets. Work was started early in the summer and continued
until late in the fall. All fish taken in this way were sent mostly to
Crawford Hatchery, a few going to Union City.

No. 21.

DEPARTMENT OF FISHERIES.

91

I also gathered some very fine specimens of various types and
species of fish for the Pennsylvania State Museum. There are many
varieties still to be looked up and forwarded. As nothing but the
finest specimens are taken for this work it will take fully two years or
more to get them all.

While inspecting the hatchery in June the Commissioner at the
same time looked over the properties adjoining this hatchery, one
piece on Sassafras street, the other on Second street. Before leaving
he decided on having the house and lot on Second street and forthwith
authorized li(m. John Hamberger, Kesident Commissioner, to pur-
chase same, which was done shortly after. The Commissioner in-
structed me to put the house in condition and make such repairs as
were necessary. I found the interior in very bad condition (the least
said the better). I had some of the plaster torn out and repaired, re-
papered every room, and painted all interior woodwork, moved the
dividing line fence, and built it so as to have both properties in one
yard. I moved into the dwelling in September and find it very con-
venient to be so near the hatchery as I can now be in the hatchery at
a moment's notice at any hour of the night. The calls at night are
frequent, especially so in hatching seasons and at spawn taking
seasons.

The old storage tank on the second floor of the hatchery was torn
out the past summer and the water supply piped direct to the bat-
teries. Owing to the high pressure it was believed in the past that it
was impracticable to run the water direct into the batteries, as the
belief was that there would be so much air in the water that it would
blow all the eggs out of the jars. I am pleased to say that the jars are
operated just the same as ever, and the water supply is regulated
much easier and quicker than the old way; furthermore, the upper
floor of the hatchery is relieved of nine tons' weight of water.

I here again call attention to the hatchery building. It is very
unsafe, as the second floor is in very bad shape and one is in danger
of breaking through at any time. I would not think of using it, but
our room is very limited, especially our storage capacity, therefore we
must use it. The building itself is now beginning to spread at the
base. Generally speaking, the whole building, were it new, is far too
small for the amount of work being done at present, and the work is
increasing with rai)id strides each year.

Thanking the Commissioner of Fisheries, Hon. W. E. Meehan, and
all connected with the Department for the hearty support accorded
me the past year, also hoping this will meet with your approval, I
remain.

Yours very respectfully,

P. H. HARTMAN,

Superintendent.

92

REPORT OF THE

Off. Doc.

FISH ETC., DISTRIBUTED FKOM DECEMBER 1, 1908, TO

NOVEMBER 30, 1909.

Adult Fish. Qg

Blue gills, 76

Rock bass '/ gi

Calico bass, 186

Black bass (small mouth ), ^g^

Yellow perch, * ' g

Sturgeon 16

Catfish,

1,145

Total, ===L=-..

Erie County, Union City Hatchery.

Sturgeon, 25

Bass (small mouth ), ' * ^g

Rock bass GO

Calico bass,

137
Total, ==

Crawford County Hatchery.

IGl
Bass (small mouth), ggQ

Yellow perch, " * 4

Sturgeon, * i^

Catfish ■ 28

Rock bass 21

Calico bass, 4g

Blue gills,

858
Total, ^^,,^^_,_=

Philadelphia County, Torrcsdale Hatchery.

150
Blue gills, =====

Summary of Adult Fish Distributed. ^^^^

Blue gills, 152

Rock bass " iq2

Calico bass, 372

Black bass 1 IgO

Yellow perch, ' Ig

Sturgeon 32

Catfish, ______

2,290
Total, '

No. 21. DEPARTMENT OF FISHERIES. 93

Distribution of Blue-Pike Fry.

Dauphin countv 1,600,000

Erie county. Lake Erie, 98,066,000

Total, 99,666,000

Fry.

White fish, 32,869,700

J lerring , 49,934,400

Pike-perch, 60,620,000

Blue-pike, 99,666,000

Yellow perch, 1,045,000

Frogs, tadpoles, 30,000

Total, 244,165,100

Pike Perch Eggs, Distributed.

Wayne hatchery, eycni eggs, 8,000,000

Torresdale hatchery, eyed eggs, 4,000 000

Union City hatchery, green eggs, 50,225,000

Crawford hatchery, green eggs, 23,450,000

Erie hatchery, green eggs, 151,550,000

Total, 237,225,000

Blue Pike Eggs Distributed.
Erie hatchery 166,110,000

Herring Eggs Distributed.

Union Citv hatcherv, 106,353,000

Erie hatchery, 59,085,000

Total 165,438,000

While Fish Eggs Distributed.
Erie hatchery, 96,516,000

Lake Trout Eggs Distributed.
Union City hatchery, 129,600

Yellow Perch Eggs Distributed.
Erie hatchery 1,100,000

94

REPORT OF THE
Number and Kinds of Eggs Taken.

Off. Doc.

Herring eggs taken at Erie, •*•/•: 9q'Qq7'non

Herring eggs taken at Port Stanley, Ontario, Z6,\)6i,wy)

^ , , 165,438,000

Total, ____1__L_::

White fish eggs from Nanticoke, Ont, • ^{'^fis OOO

White fish eggs from Port Clinton, Ohio, no good, ^o m fiOOO

White fish eggs from pens at Erie, 072 000

White fish eggs from nets at Erie, ^' '

^ , , 96,516,000

Total, '

Laketrout eggs,

Summary of Eggs Distributed.

129,600

„ . 165,438,000

Herring eggs, 96 516,000

White fish eggs, 1^9 600

Lake trout eggs, • • 'lee iio;ooO

Blue-pike eggs, 237.225,000

Pike-perch eggs, • 1 ioO,000

Yellow perch eggs, ' '

Total, 666,518,600

No. 21

DEPARTMENT OF FISHERIES.

9S

BELLEFONTE HATCHEKY, STATION NO. 3.

Report of Howard M. Buller, Superintendent, and Harry I. Griffith,

Assistant Superintendent.

II(m. W. E. MEEHAN,

Commissioner of Fislierias, llarrisburg, Pa.

Sir: Please find herewith my report in C(mnecti<m with that of the
Assistant Superintendent, Mr. Harry I. Griffith, for the year begin-
ning December 1, 1908, and ending November 30, 1909. The total out-
put from the hatchery during the year was 3,018,332, separated as
follows :

Brook trout, all sizes, 3,551,600

Rainbow trout, 42,050

Goldfish, 182

Catfish, 24,500

For the first time in the history of this hatchery all the eggs from
which were produced this year's hatch were taken from the fish in our
own ponds. In former years, in addition to our own eggs, we had
eggs from Allentown, Weisport or Penn Forest, the last two commer-
cial hatcheries. In making our records we had estimated about three
milli<m eggs from our own fish, but later developments showed that it
was under the actual amount. Instead of three millions there were
about 3,000,000, giving us an output of 3,551,600 fish. The majority of
the eggs were from twenty months' fish and they were just as good as
the eggs taken from three year old fish and over. At least we ob-
tained just as good results.

We have been very fortunate in this year's hatch with our eggs,
eggs hatching in good ])erccnlage and ihe fish are doing well with-
out any disease of any kind. We have no trouble whatever with the
fish ; there were no signs of the gill trouble which was in the nature
of an infiammation. Our fish doing very nicely we were able to
put out a fine lot of fingerlings. Ap])licants throughout the entire
district sent letters expressing their pleasure at the fine appearance
of the trout saying that they were the best that had ever been seen
from any hatchery.

Having only the one house with 80 troughs we found that we were
crowded and had to make some arrangements for thinning the fish.
As we had a number of troughs outside we transferred them to the
east side of the hatching house and tapped the water from the
supply trough in the hatchery, which gave us clear water for the
advanced fry. The troughs which before had been on the east side
yyore supplied with water from the creek. Every time that there
was any rain or high water the creek would become muddy and
there would be a heavy deposit of sediment in the troughs and the
water itself would be very muddy.

7

96

REPORT OF THE

Off. Doc.

Neither the muddy bottom nor the cloudy water were good for the
little fish at least to the extent which they had it. They could not
see to feed properly and (he perpetual mud helped to produce m-
rtTmed X. it wa; partly the moving of the troughs from he west
sYde to the east .ide Ll supplying with spring ^^^^^f^^^
was due to our having entire absence ot any trouble with the >oung
fish The s ring water was also warmer than the creek water and
this assisted in 1. more rapid growth of the fish. The sprmg water
b^ng clear also enabled the fish to get all the food that was given
hem and that aided in increased size. On account ot his ciuicker
and equallv heavy growth we were able to begin shipping at least
two weeks earliei than in previous years. . .

At the meeting of the Superintendents held in the Commissioners
office at Harrisburg on the 271 h of -lanuary, the Ccmimissioner di-
rected us to retain about L>()(),()00 fish for brood pur])oses. We se
aside that number but from erne cause or another, which we ccmld
not control, we are sorry to say that the percentage ot loss was ex-
ceedinclv heavv, verv much more than normal. . . . . -

The bulk of "the fingerlings we put in p<nids Nos. 2 to 14 inclusive
but having still more 1o retain we were forced to nse two ot the
nurserv ponds on the east side of the hatching house. These ponds
have never been very good for rearing young fish, sonietimes they
would <lo lairlv well, but as a rule despite^ every efiort the death
rate was verv lieavv. We thought ]H)ssibly thnt the poor success was
due to excessive widths of the nursery ixmds for such small fish
to-ether with the small depth of watc^ which could be put in. Ue
therefore divided one of those nursery ixmds into two parts and it
was in these that we placed the remaining fingerlings. It was soon
ai)parc^nt that the divisicm of the p(md did not do away with the
dilticultv The little fish did not do better than m previous years.
Thev died off bv the hundreds and before many weeks we had
practically lost all that were in the two ponds, which amounted to

""^'ponds'Nos. 1 to i:'» had been built about three years before by
contract and while the C(»ntra(tors had ap])arently com])lied with a I
the specificaticms and had done their work ccmscientiously, the work-
was new to the ecmtractors and there were mistakes made. One ot
the results of the mistakes was in the spring, when the ends o two
of the lower ponds gave way and about 25,()(I(J fingerlings escaped in o
the sluice and stream. Subsequently we rcH^overed about •>,()( 0.
These two caused a clear loss of over 40,000 fish, probably nearer .jO,-
000, reducing out stock of fingerlings to about loO,000.

On account of pressure of work the usual sorting of fish in the
summer was not made and this caused a further and very heavy
loss through cnnnibalism, so that our brood stock o yearling ish
is only about 40,000. Of course there was the usual death rate, but
the death rate in ponds from two to 14 was only normal. It is very
difficult to follow the fish closely. In most of the ponds of the
hatcherv, owing to the fact that the water supplying them is from
the creek, it is exceedin-lv rare that this water is ever perfectly
clear It ranges from a faint cloudiness to almost muddy to a point
where vou can see a foot under the water to where you cannot see
more til an about an inch, but net examination throughout the year
showed good health.

No. 21.

DEPARTMENT OF FISHERIES.

97

While this water is cloudy almost all the time, trout when they
reach feeding age seem to do well in it, much better in fact than in
the water which fiows from the spring and which is perfectly clear.
The cloudy water appears to act as a mild laxative and contains
a great deal of food. Our mature fish also retained fine health
throughout the spring and summer and early autumn. There was
scarcely any fungus and not a single example of tail disease, and
when spawning season came there was not a single example of
goitre or throat tumor.

When we came to take the eggs we had trouble with the males.
An unusually large percentage had failed to secrete much milt.
About 90 per cent, gave less than (me half the amount they should
normally. The shortage was so marked that it kept the men who
handled the males busy securing enough milt to fertilize the eggs
and there were times when they had the greatest dilficulty in securing
enough. Usually we put the younger men at handling the males,
but this year it was necessary to })ut <me of the most expert men at
handling the male fish. Xone of tiie males developed cheesy milt
and it was ail apparently perfectly good with full fertilizing power,
the only trouble was it scarcity.

This phenomenon was not contined to the trout of any one age, but
was equally prevalent among the two year olds, three yc^ar olds
and four year olds. The (mly dillereuce that was noted was that
when the two year olds were handled the second time they developed
about the same quantity of milt as the first handling, but the ma-
jority of the males of three year olds and upwards when handled
the seccmd time did not give anv.

Immediately after the spawning time we had a very heavy and un-
exi>ected loss among the fish, the heaviest being anumg the three
year olds and over and confined principally to the males. We be-
lieve that much of this loss was due to a necessary temporary over-
crowding. Ordinarily there would not have been an overcrowding
and there were no more in the same ponds than had been the prac-
tice to put there and safely, but owing to the excessive drought there
was much less water tlowiiig through than usual. Most of the fish
in those p(mds <lied to the number of about 000. This Avas the only
loss that we sustained throughout the year from anything which
might be considered as even remotely related to disease.

The females gave a normal sui)}>ly of eggs and they were of very
fine quality, as usual those from the 20 months or two year old fish
being as good as those from the older ones. The first eggs were taken
on October 1), 50,000 wvvq secured. By the first of December we had
taken about 5,000,000 eggs, thus breaking all previous records in the
hatchery.

KAINBOW TROUT.

As the rainbow trout work in this hatchery has proven to be un-
satisfactory, you dir(Mted us to gradually drop it. The rainbow
trout in these water spawned about the same time as the brook
trout, coming in at the tail end or about the first of December.
There is a light demand for the fish and this early ripening causes
the utilization of troughs which we could use to better i)urpose for
brook trout. Hence we only hatched less than 50,000 fish and re-
tained only a few fish for breeding, or more particularly in order that
we may have a few fish of the species on the place in case of necessity.
7—21—1909

98

REPORT OF THE

Off. Doc.

zation that iiieie die »w iu« . imtphprv are barren an-

one-fourth of the mature rainbows in oui liatcnery aie ua

males and one n.ale anrt ^'^, *"»'^J';''/f''ouTand they were there-
r-nixir^^itr: r;lXortrtut \n? retained -V .ree^in,
purposes in the hatchery.

SILVER SALMON.
T- Tr'T -Th^harnrJa^T^e're^tX-a^ ^

time to thin t'-™ /"^^I^" f/./in hv idnal oonnt and these
sprinj: there were 13,000 silver fa™"» • ,^ ,p^ p^^ tii^n

^ere^n two ponds up o the per od "^ fj^^^p^t^^^'^.ere <me year
from five to ^ix mol.es lonj; In the_^sprm„^^^^^^^ separated

old they were d.v,de4,ntofo,r pond. Tn^ Tnn^ ^^^^^ ^^^^^^ ^^^.^

into ««■ but even /*';« ^^J^^ ^j^^ ,, „i,out seven inches, many are
average length at the P/<'*'™f ;™; ^^^^ voracious, feed with preat
six and a "7^f;.^'fffreeU as he bTook trout. They take food
?r^';X^rftltot^lytW. b"t insects that fall .lust as qu.ckly
and as naturally as the brook trout ^^^^ j^

Their leaping P''"Pen'"*"''-,l'Jt°fooT lean from the water is not
inst as pronounced «'< ever. A two f^;/ jf^^P/J'^.^tpr in the pond
uncommon and at certain times "J^fJ"'^ ,'"^^f ,, ^^i^om that a
is in turmoil from the mimher .umpms a"d it i ^ ^ ^^^^^_^^^

minute passes withou two or "';;<:^P[;"^f ^f [fhard to keep them
This leaping propensity is so stronff that U is n ^^^^ ^^^^

within the ponds .themf ^es fY-^rrace is screened, otherwise

?.tr':4id"t'V\rvri- r^sr z ... escape, mto the

-^^J^iile huildin. a race..y ^Z^::^^^^^'^'^^^^
the lower end of one of the T'^'1^ ri"'"- ,, ^^ fl^,^ ,„ ^ne pond to
and the e-tli was washed --^^^^"^ "^^.'^ Z.,,,,,. The others

?:rmad%l^wn; 1^ ^'^^^^/ZJ^^Z :^^-

trout beinc caucht out of Logan Branchy generally

Above the hatching house there '^"^..".^^the specfic purpose of

known as an ice pond, "avins been built for the P ,^^^^^ ^^^

securing ice. Tn this P""\?-^,,fo'', ^^"n r Jn" fi^h for distribution,
these gave ns last ^"'",'".7 "'^""* -^fitv sTm^'e on Quarry land and

Sbttrwr4:;e t/r; n^r gatlJrVn: ice from this pond

No. 21.

DEPARTMENT OF FISHERIES.

99

as a natural right and not a favor, which we had been in the habit of
granting with the permission of the Commissioner. A subordinate
of the White Kock Company also assumed propriety rights over
the ice and the entire pond. These matters lead to so much un-
pleasantness that the Commissioner gave orders to tear out that part
of the enbankment in the State land, but the Pennsylvania Kailroad
Company, learning of his decision on the part of the Commissioner,
rendered it unnecessary to tear out the enbankment by themselves
digging a trench on their side which was the natural outlet.

Mr. B. O. Webster, Assistant Superintendent, handed in his resig-
nation to the Commissioner in January, and he left on February
15 to accept another position in Wisconsin. The Commissioner
placed Harry 1. Griffith in charge as acting assistant superintendent
until the first of June, when he was confirmed permanently to that
place.

The spring shipments having been completed, the work of pond con-
struction and repairs was begun. Operations were begun by grading
the ground below the hatching house. This was followed by filling in
the pond near Shuggart's land, besides grading and sowing grass
seed and by planting a lot of willows.

As soon as the new appropriation became available, pond con-
struction was started. There were four ponds left unfinished from
the previous year. These were first attended to and then the ends of
the two that broke out during the spring were rebuilt and four new
ponds constructed. This new pond construction of course included
the necessary races and the sewage system. The new ponds are each
50 feet by 20 and with walls four and a half feet, permitting a depth
of three and a half feet of water. The raceway is GO feet long, three
feet wide and about four and a half feet deep.

The sewage system prevailing in the large group of ponds, of
which these four are a part, were of course continued so that it is pos-
sible to draw ofi: the water from any two ponds without disturbing
the water in the others, and they can also be cleaned without filth
going into other ponds. 1 think that it is not over much to say that
this group of ponds, which now numbers 38, is the finest, most up
to date, most conveniently arranged and best adapted ponds for
trout, that we have ever seen. When two more ponds are built, the
original plans for this group will be completed. The water supply
for the entire group comes from Logan Branch run.

The near completion of the group of ponds above described, ren-
dered it necessary to raise the spring or rather the spring walls, and
this was done, the walls now being higher by 18 inches. Two years
ago we built a number of ponds of this group with a cement which
had been recommended highly, but which proved to be very inferior.
The walls in many places crumbled and we were compelled to do
much repairing last summer, and I feel that hereafter we should
always use the particular form of cement which we know to be
ett'ective. Furnace slag has been highly recommended for use in
concreting, but we have found it inferior to crushed stone, and the
four ])onds built last summer were of the latter material.

With the four pimds built last summer this hatchery now has
67 ponds, including 11 nursery ponds or fry ponds arranged on the
west side of No. 1 hatching house. With the construction of two

100

REPORT OF THE

Off. Doc.

more ponds to complete the great nest ^-^^ '^ 1"J^ i;?":;,^''^ ^^^^^^^^
property, we will have the whole ot one section ot Belletonte hatcuery

""Turmpidly increasing annual output last year reached a point
where the hatching house was entirely t<.o small to accommodate all
SfeTsh Outside Uoughs had to be used. The Oomm.ssioner author-
zed ^nd awarded a contract lor the l.uilding of an addiUonal hatch-
in? house The site selected was on the east side ot the old build
inl about eight leet from the building itself. The excavation work
was done and the concrete walls and floor built by our own men.
I contract for the house and also for an office was awarded to AM
Ka.^°eUer, of Pleasant «ap, for |l,32o. The specifications cal ed
For a house 100 feet long and 40 feet wi.le, the same length as the
nhl house, but eight feet wider. , • ^ ^.

The contractoi did his work well and conscientiously and in lac
did moie tlmn his contract actually called for. The price named
did not Llude the (roughs. It was decided to utilize those which
had been e "ployed in outside work. They were set m tiers, oue
row nSt to the supply trough, two and a half feet from the floor and
the lower t"er about four inches. By this arrangement the water from
one faucet could be utilized in two troughs.

The new house adds to the capacity of the establishment by at
least three milliou fish making it possible for an output of at least
ii^OO 000 No 1 fingerliugs annually. When all the ponds on the
sJa Z are fliled v U h brood trout the second house will be insufficient
to'ac""mmodale the eggs, and it will probably not be more than two
or three vears before a third hatching house will have to be built

The ofKce referred to as having been built under the contract will be
a grea° convenience and also ...lable at least two additional troughs
?o be put info the old house. Hitherto a space at one end of the
luiidin'^ has had to be kept clear for utensils. These can all be kept
in he so-called office hereafter. The eight foot space between the
two houses has been utilized for a pond which will hold a very large

'^'TheKrindfnt' machine in the meat house was operated by a home
made undershot /.inc wheel. It rciuired a very huge amount of water
^operate it and even then its work was not satisfactory. During
the summer this wheel was replaced by a regularly manufaclured
undersho whee,. The sprocket, however, we belH.ved to be smaller
than it should be to develop the greatest amojint of power and a
lareor sprocket should be put on at the earliest i)ossible date.

The c n ract was awarded to J. T. Zeigler. of I'leasant Gap, to
pafnt the two hatching houses, the meat house. '•'« S"I>7'°tf"f;" «
^wpllinir the sfable and the fence along the road m front of the
drellln" bote to tt stable, for the sum of $215. This was the lowest
contract out of four bidders, the highest being ?4o5.

THE PlSTl CAK AND CAR BARN.

• The car barn which ho.isas the State fish ear was hurriedly built
and at the least possible cost when the hatchery was first established
The foundations were imiiroperly built and as a consequence in 1908
when the great flood came, the f<.undation walls on the east side were
rnndermined and those on the west side damaged. The bu.ldmg

No. 21.

DEPARTMENT OF FISHERIES.

101

conseqeuntly lurched over and against the car. Had it not been for
the presence of the car the entire building would undoubtedly have
gone over and been wrecked. The car cannot be taken out of the
barn until the barn itself has been pushed back into place and new
foundations will have to be built next summer. The car needs re-
painting and some little interior work done and there should be a
new track laid from the terminus of the present track on the north
end of the building to the main track of the railroad company, so
that when the car is used it will not have to be jacked out of the
barn to the track. With the continuous switch the car can be
taken out of either end and easily attached to a train whether go-
ing north or south.

We have menlicmed a shortage of water from the springs on ac-
count of the drought. The hatching house supply is from two
springs, each having a normal tiow of about 200 gallons. About the
middle of June a diminishing Mow was noticed until about the
middle of October the supply from the two springs had been reduced
to nearly half. As an abundance of water is necessary in all the
ponds, and especially in the hatching house as a precaution, con-
nections were made so as to utilize, if necessary, creek water. A
supply trough was extended along the whole length of the west side
of No. 1 house and a pipe was connected from tlu^ creek su])ply pipe to
the side trough in the No. 2 house. Unless all signs fail we shall be
compelled before the winter is over to nuike use of the creek water
in the No. 2 house. The purpose of the sui>i»ly trough on the west
side of the house was to furnish water for the nursery or fry ponds
instead of using water fiom the spring. IJy employing the side trough
we are also able to have a greater depth of water in the nursery ponds
through having a greater quantity at our command.

RECOMMENDATIONS.

The entire boundary of the property needs refencing. A new ice
house should be built as the one which we now have was originally
not built for the purpose and is about falling down. A large trout
pond which has been under ccmlemplation for three years should
be built this summer for a two fold purpose. First, for the accommo-
dation of large trout, and, secondly, that we may have a ])lace from
which to get ice in the winter. This year's ice supi)ly had to be
purchased.

As soon as ])racticable a sewage system should be ])rovided for the
nursery jxmds at the west side of No. 1 hatching house. At present
the water from those ponds flow into a raceway which supplies a
set of ponds below and there is no other outlet for the water. When
it becomes necessary to clean the nursery ponds all the filth and dirt
of necessity Hows into the lower ponds. A i)i])e or sewer line should
be extended from the race at the lower extremity of the nursery
ponds to the creek, a distance of about ."O feet, so that when the
nursery ponds are cleaned the water su[)]>ly for the lower ponds could
be cut otf and the filth swejit into the stream instead of the ponds.
There could be no objection under the law to doing this as the
filth itself is not of a character to injure either fish or human life,
it being merely the accumulation of mud with some little excrement
from the fish.

102

REPORT OF THE

Off. Doc.

The water from the spring to the No. 1 hatching house is now
conveyed by a pipe encased in the east wall of some trout ponds on
the south end of the building. I think it would be better for the
work if this pipe line were abandoned and the water ran from the
spring to the No. 1 hatching house through an open sluice. We be-
lieve that there is sufficient fall from the Shuggart spring to allow
this to be done although we have not taken the levels.

The work of the hatchery is greatly hampered by lack of suitable
artificial light. The buildings are so large that ordinary oil lamps
are of very little use and they are besides very undesirable. If some
way could be devised to establish a small electric light plant on the
property, the work of the hatchery would be greatly facilitated and
convenience and comfort to the working force greatly advanced.

Attached to this report will be found the output of fish from this

hatchery to the various counties.

Kespectfully suramitted,

HOWAKD M. BULLEK,

Superintendent.

HAKRY I. GRIFFITH,

Assistant Superintendent.

BELLEFONTE HATCHERY, STATION NO. 3.

Fish, etc.. Distributed from December 1, 1908, to November 30, 1909.

Brook Trout, Fingerlings No. 1.

Berks county,

Blair county,

Bedford county,

Bradford county,

Bucks county,

Chester county,

Cumberland county,

Columbia county,

Cambria county,

Centre county,

Clearfield county,

Dauphin county,

Fayette county,

Franklin county,

Huntingd(m county,

Indiana ccmnty,

Juniata county,

Lancaster county,

Lebanon county,

Luzerne county,

Lycoming county,

Monroe county,

Montgomery county,

78,000
289,500
72,000
7,000
1,500
138,000
159,000
220,500
258,000
303,000
25,500
00,000
115,500
108,000
102,000
24,000
6,000
06,000
31,500
40,500
9,000
348,000
78,000

No. 21. DEPARTMENT OF FISHERIES.

Mifflin county,

Northumberland county,

Northampton county,

Pike county,

Perry county,

Philadelphia county,

Schuylkill county,

Somerset county,

Union county,

Westmoreland county-,

York county,

Total,

Rainbow Trout, Fingerlings No. 1.

Cambria county,

Elk county,

Fayette county

Schuylkill countv

Tioga county,

Total,

Brook Trout, Fingerlings No. 2.

Cumberland county,

Centre county,

Total,

Brook Trout, Yearlings.
Philadelphia county,

Gold Fish, Yearlings.

Blair county,

Centre county,

Erie county,

Philadelphia county,

Total,

Rainbow Tront, Adults, Male.
Centre county,

103

73,500

106,500

7,500

30,000
6,000

36,000
169,500
165,000

91,500

84,000
211,500

3,521,500

3,000
10,500
10,500
13,500

4,500

42,000

1,250
27,000

28,250

200

5
30
47

100

181

50

104 REPORT OF THE

Brook Trout, Adults, Male.

Centre county,

Dauphin county,

Total,

Catfish, Fingerlings.

Centre county,

Union county,

Total,

Off. Doc.

1,450
200

1,050

14,000
10,500

24,500

No. 21.

DEPARTMENT OF FISHERIES.

105

WAYNE COUNTY FISH HATCHEKY, STATION NO. 4.

Keport of Nathan R. Buller, Superintendent.

Hon. W. E. Meehan, Commissioner of Fisheries, Harrisburg, Pa.:

Sir: 1 herewith submit my annual report of the Wayne Fish
Hatchery, Station No. 4, from December 1, 1908, to November 30,
1909.

December found me with 1,200,000 brook trout eggs in the hatchery,
all taken from the adult trout on the property. The percentage of
loss was very small, the eggs hatching gave healthy fish and remained
in perfect condition until planted, having no trouble with any disease
or fatality whatever.

I have observed that owing to the low temperature of the water
it requires a greater length of time to hatch the eggs, about 90 days,
and consequently that the fish at the age of three months or when we
begin shipping are not more than half the size of the same species
of fish reared at the Bellefont, Spruce Creek and Corry hatcheries,
and when four months old not more than about one quarter the
size of trout of the same age sent out by the United States Bureau
of Fisheries sent out from West Virginia, but what they lack in
size is fully made up in extra vigor and vitality.

We also had in the breeding ponds a fine stock of four year old
trout. We were congratulating ourselves on the large number and
fine condition that our brook trout were in and it was remarked
by many visitors. This was the more gratifying when we take into
consideration the small nuuiber of ponds and the small area of the
ponds, but the water at the Wayne hatchery is peculiarly adapted
both by its low temperature and softness for brook trout. The tem-
perature of the spring which sui)plies the ponds is 4G and ordinarily
fiows about 400 gallons of water a minute. The water is the softest
of any water 1 ever met with, excepting at the Penn Forest Brook
Trout Company's property at Weisport. Under ordinary circum-
stances we can carry nearly double the number of trout in any one
of our ponds that can be carried in a pcmd of the same size at
Bellefonte, where the water is very hard and a third more than
at Sj)ruce Creek where there is a trace of lime.

A drought prevailed in this section throughout 1908, lowering
the Lackawaxen Creek and slightly diminishing the flow in the spring,
but with the opening of 1909 there were numerous rain storms that
kept the waters up until about the first of August when the drought
set in again and continued until the end of the year. It low^ered the
water supply in the spring day by day from a How of 450 gallons
per minute to seven gallons. The water in the stream also fell
rapidly until it had diminished from a normal How that would till a
16-inch pipe to less than a four-inch pipe without pressure.

No. 21.

DEPARTMENT OF FISHERIES.

105

WAYNb: COUNTY FlSll HATCllIOKV, STATION NO. 4.

Report of Nathan II. liullcr, Supciiiiiendeiii

Hon. W. VI. Median, Conunissioner of Fislidies, Ilanislmr^, l*a.:

Sir: I lieiewilli siilnnil my annual ie[)oi't oi' the Wayne Fish
ilatclieiy, Si a lion No. 4, lioni December 1, 1008, to November oO,
1909.

December found me with 1,200,000 brook trout eg«^s in tlie hatchery,
all taken from llie adult trout on the property. The percentaj^e of
loss was very snjall, the ej'gs lial<hin«; gave healthy lish and remained
in })erfect condition uniil [danted, having no trouble with any disease
or fatalitv whatever.

1 have observed that owing to the low temperature of the water
it requires a greater length of time to liatch the eggs, about 90 days,
and consequenily that the lish al llie age of lliree mnutlis or when we
begin shipping are not more than lialf the size of the same species
of fish reared at the Ijcllei'ont, Spruce Creek and Corry hatcheries,
an«l when four monihs old not more tlian about out; quarter the
size of Iroul of ihe same age sent oul by ihe United Stales Bureau
of Fisheries sent out froiu West \iigiuia, but what they lack in
size is fully nuide up in extra vigor and vitality.

We also had in the breeding ponds a liru' stock (d" four year old
trout. We were cougratulaiiug ourselves on the huge number and
line c(mditi<>n that our brook trout were in and it was remarked
by many visitors. This was the more? gi-alifying when we take into
consideration IIk^ small number of ponds ;uid the smail area of the
ponds, but Ihe water at the \\'ayn»' hatchery is peculiaily adapted
l)(»th by its low 1enq)eralure and softness f«)r brook iront. The Icm-
])eralure of the spring which supj»lies the pcmds is 4t> and ordinarily
Hows about 100 gallons of water ;i minute. The water is the softest
of any water I ever met with, excepting at the Penn Forest I5i-«»ok
Trout Comj»any's j.rojierty at \\'<'ispoi't. UndcM* ordinary circum
stances w<' can cany nearly double the nundx'i- of ti-out in any one
of our ]M)nds that can be carried in a pond of the same size at
liellefonte, where* Ihe w;iler is vei-y hard and a third more llian
ill Sj>ruce Cieek where there is a trace of lime.

A drought jn-evailed in this section thi'oughout 190N, lowering
the Lackawaxen Crecdv and slightly diminishing the f!(»w in the spiing,
but with the opening of 1!I0I> there were num<'rous rain storms that
kej)t the waters up until about the tirst of August when the drought
set in again and continued until the end of the year, ir htwered the
water siqqMy in the spring day by day from a How of I.IO gallons
]>ei- minute to seven gallons. 'IMic watei* in llic sircan? also fell
ra]>idly until it had ditninishrd from a normal How ihal would lill a
IG-inch pipe to less than a foui-iuch pipe w ilhout jiressure.

INTENTIONAL SECOND EXPOSURE

Sv. .*. -

106

REPORT OF THE

Off. Doc.

The fish began to die off all over the hatchery, except in the bass
pond. As soon as I discovered llie iish were dying 1 drew the water
from all the ponds, with the exception of the large bass pond and
the trout ponds, and transferred all the warm water fish into that
pond, where they yet remain. ^Ve ran water from the creek into the
bass pond twice^iVeek just enough to keep it full and the remaining
days of the weeks the entire flow of water Avas turned into the
brook trout ponds. The temperature of the creek water itself was
above normal and the amount from the spring not sufficient to ap-
preciably reduce it and consequently theie was neither sufficient
volume iaor sufficient low temperature to maintain the two year old,
three year old and four year old trout any length of time. The result
was that I lost the greater iiortion of the stock. I noticed the fish
growing weaker from day to day and it was only a short period
when they became covered with a fungus growth, which killed them
oft* very rapidly, sometimes at the rate of over 200 a day. I did every-
thing that was in human power or that my knowledge suggested in
order to try and save the lives of the fish, and did succeed with the
yearlings and fiugerlings. 1 kejjt promoting the sick and dead fish
daily and giving salt baths two or three times a week, but as the
fungus was caused purely by weakness, it would not respond to our
treatment.

When the cold weather set in and the fish were enabled by re-
turning strength to resist there were only about 500 survivors. The
excellence of the w^ater under normal conditions which laid a splendid
foundation of vigor and vitality was shown in our fingerlings and
yearlings, which by that vigor and vitality were able to resist the
small dangers from the small flow and Ihe high temperature and to
respond to the treatment which we gave. We did not lose a thousand
of them. Thus we have a good stock of two year olds for next year,
if Ave are not burdened with the drought.

When the conditions were at their worst the Commissioner visited
the hatchery and we held a consultation as to what was best to be
done, for the very existence of the hatcher^' was at stake. As an
outcome of the consultati(m it was decided to drive a deep well in
an endeavor to find an unfailing and heavy flow of water. Deep
wells were being driven in different parts of Wayne and adjoining
counties and one by Mr. Sterling at the upper end of the hatchery
grounds had ta[>])ed a vein which was estimated at ccmsiderably
over 100 gallons a minute. One in the village of Pleasant Mount
had given over 100 gallons on test and at a depth of 280 feet. Mr.
Sterling's well had tapped a heavy vein at about the same depth,
but wishing an artesian, he had driven 120 feet more, and while
he struck another vein did not secure an artesian.

An experienced well driver was called into the consultation and
a spot at the north end of the hatching house was selected. Rock
was found at a depth of 33 feet. At a depth of GO feet a small
quantity of water was struck. At 205 feet there was apparently a
good vein, but it y»roved to be only a pocket for it pumped dry in
20 minutes. At 500 feet a good vein was come upon. The New
York, Ontario and Western Railroad Company, which is interested in
the prosperity of the hatchery, generously loaned an air compressor
and this machine soon demonstrated that we had an unfailing supply
of over 100 gallons of water jier minute. The compressor was
worked without intermission from 7.30 in the morning until 4.30 in

No. 21.

DEPARTMENT OF FISHERIES.

107

the afternoon, under the personal supervision of the Commissioner,
the well driver and myself and in the presence of a number of in-
terested visitors. The natural pressure of the vein brought the
water to within seven feet of the surface.

We introduced a five-inch pipe for a depth of 180 feet and a two-
inch pipe inside of that to a depth of 155 feet. I have since learned
that we made a mistake in not using a four-inch pipe and an inch
and a half pipe respectively. The air compressor used was a loco-
motive compressor and therefore one not the best adapted to secure
the most nearly perfect w^ork at a minimum expenditure of horse
power. Working the engine at 160 strokes to the minute, the water
could only be low^ered in the well to a depth of 50 feet or 43 feet below
the normal height. At anything less than 100 strokes to the minute
the water rose in the well.

While the water w^as measured at 100 gallons on 100 strokes to the
minute, this was not the actual measurement, the real flow being un-
doubtedly much larger because there was a loss of many gallons be-
fore it reached the measuring trough. A careful estimate convinced
us that the actual cai)acity is nearer 200 gallons a minute than 100.
The water itself is fully equal in quantity to that of the spring.
It is soft and with a temperature of 40 degrees. Of course the well
is not available for use until there is an appropriaticm sutficient to
I)ay for a compressor and mjichinery to oi>erate it. Imperfect tests
made indicate that we have a sufficient flow in the creek to move a
water wheel to sufficient power to operate a compressor for from
at least eight to nine months in the year, and ])ossibly by storing
water at intervals in the creek above' the hatchery there will be a
sufficient supply throughout the year. The general supply to operate
a while can come from the new perch pcmd. Until the well can be
operated we have capped it.

The Conunissioner this year ])laced the field work entirelv in my
charge cm account of inability cm his j)art to take charge, the Leg-
islature being in session, and because the old api»roi>riati()n Avas so
nearly exhausted that a full force could not be engaged. Perch and
pickerel Avork in the field is simultan(Mms. I decided to operate alxmt
eight lakes as follows: Fitz's Long Pond, BigeloAV, Beaver ^[eadoAv,
Sly, Madigan's Long Ponds, S|)ruce, ShehaAvken and Rock.

The eggs from Fitz's Long Pond and Bigelow Avere all perch, the
others y)erch and ])ickerel. In previous years Ave always used the
shipping cans for the collection and transfer of eggs from the lakes
to the hatchery, l>ut some ex])eriments in transportation indicated
that the eggs Avould carry better by the use of e(r<x cases and also
that the collection would be facilitated by the use of floating boxes.
Cans were therefore abandoned this year excepting on the nearby
ponds like BigeloAv Lake and Beaver ^feadow.

Our collections were much higher on account of this chanije and
Avith less movement and lovss exyienditure of horse flesh. WeVould
have been able to gather a great many more eggs if the high Avaters
would not have interfered, but as the fish in the lakes in the north
eastern part of the county are some later in spaAA-ning than those
nearby, at the time we Avere at the height of efx<r cratherini? Ave had
some A-ery heavy rains raising the lakes five or six feet. As the eggs
were all deposited the water became so deep that we could not find
them. This in the future will be overcome by the Commissioner

108

REPORT OF THE

Ofe. Doc.

adapting the electric lamp to this work. The men were located on the
pomls day and night and as the eggs were gathered they were placed
in the tloatiug boxes which were anchored in shored places. Every
morning a teamster and collector would leave the hatchery and
make a tour of the lakes taking the eggs from floating boxes and
packing them in tlie egg cases and bringing them back to the
hatchery. In this way there was collected all together many hun-
dred million eggs, the totals of which will be found later in this
report, together with the hatcheries to which they were sent.

The majority of the people of the county recognize the value of
field work, especially that part of it which relates to the gathering
of perch and pickerel, but there are a few who look upon this feature
of our hatchery work with alarm. They believe that by gathering the
eggs as we do that we are depleting the lakes of fish and nothing that
the Connnissioner can say or that 1 can exi)lain entirely removes this
fear. 1 think it wise therefore to set forth in my report exactly why
such fear is groundless.

Yellow i)erch and pickerel belong to that group of fishes known to
ichthyologists and fish culturists as non nest builders or fish which
do not build nests but deposit their eggs indiscriminately on favorable
grounds. The eggs of yellow perch and pickerel are fastened together
by a glutinous material resembling gelatin and in strings of a yel-
lowish white color. The strings of the perch are from eight inches to
five feet long, and the pickerel from four feet to nine feet hmg. The
I)erch eggs are usually deposited among grasses and wt?eds and
sometimes stimes and on gravel at a depth of from a foot to a foot
and a half of water. Pickerel among roots or stones at a depth of
from three to ten feet.

Most si>ecies of fish are spawn eaters and as the eggs of the yellow
])erch and pickerel may be seen foi* a long distance it is estimated
that fully DO i)er cent, of all the eggs deposited are devoured by other
fishes before they can be hatched. Storms also will sometimes sweep
the eggs from where they have been deposited and fioat them ashore
where they rot. 1 have seen hundreds of milli(ms of eggs thus washed
ashore and lost.

When we gather the eggs we hatch at least 05 per cent., exactly
reversing natural conditions. For instance, out of every thousand eggs
left to hatch naturally there will be not more than 50 eggs hatched.
Out of every thousand eggs that we carry to the hatchery we hatch
950 or 900 more than if the eggs had been left alone. It is our habit
to replace 25 per cent, of the hatch in the lakes from which we took
the eggs or more than 225 out of each thousand or 175 more than
would have hatched naturally, so that by field work, the lake instead
of losing is a heavy gainer.

There is still another advantage that the young fish which we re-
turn are not from eggs taken from that particular lake, but from
another lake that the blood is changed which is admitted to be a
great advantage. Several owners have told me that they could see
the diflference alreadv in the quality since we have begun this kind
of work. We also gathered between 25.00(K000 and 30,000,000 yellow
perch eggs from a new pond started in 1008, but not completed. The
majority of the fish we had reared ourselves.

No. 21.

DEPARTMENT OF FISHERIES.

109

While speaking of the advantage of this kind of work for yellow
perch and pickerel and the advantage of hatching and planting these
fish, 1 would like to mention again a Wayne county pond known as
Hankins and on which I made a report last year. This lake, it will
be recalled, until recently did not contain 'any yellow perch. It
was heavily stocked from this hatchery and in 1007 we gatherd from
that lake about four quarts of eggs and there were a great numy
perch caught by fishermen weighing from a half to three-quarters of
a poun<l each, and it is becoming to-day one of the best yellow perch
ixmds there is in Uiis secti(»n of I'ennsyivania. I have also seen catches
of perch weighing from three ciuarters of a pound to a pound aiui
a half each taken from lakes that liav(» been stocked with n<'w blood.
1 have seen catches on these same lakes four years ago and the
weight of the fi.sh never exceeded a quarter of a pound.

Klack Bass Work.

As usual most of the bass work at this siaHou wa?; accomplished
in the field. As most of the lakes are small thev arc w,t well adapted
for maintaining a large supi.ly of bjis.<. Many of the owners have
recpiested us to do what we can xo dear their waters of this fish so
that a more satisfactory si)ecies could be put in. Mirny of the
lakes had reached such a condition that not only could no bass be
caught, but that fish had destroyed everything else. Therefore we
had a wider field for operations than for perch and pickerel.

The men who performed this work were sent to the lakes about
the latter i>art of May. ^JMie first lake that the bass were found to
be spawning was Sly Lake, but unfortunately out of (K) nests located
on Sly there were at least one-half of the eggs destroyed before they
hatched. The suppositicm of the men in charge is that the eggs were
destroyed by salamanders, or nu)re lU'operly, newts, which are very
abundant in that lake. In Madigan's Long ]»ond practicallv every
nest of eggs that were found hatched.

In addition to working Long an<l Sly Lakes the same men also did
the work on Independent Lake. Independent Lake is one of the
bodies which has suffered severely from the unwise policy of intro-
ducing bass in waters of too small area. It is better adapted for
trout than it is for bass and the bass destroyed nearlv everything in
the lake, and having exhausted the food su'p])ly the 'fish themsetves
are starved, it being rare to find a bass over a i)ound and a half, the
average is much lighter.

They also covered Hickory Pond, which is close bv. As it was
getting late in the season they were not so successful in getting fish
off of these two lakes as they were at the first mentione<l. One of
our best lakes for gathering bass is Kock, nests in Kock Lake aver-
aging each about three or four thousand fish. The men who did the
work on Kock Lake, I had received reports from them tliat there were
a great many bass in Upper Woods Pond, so I concluded to send the
men there and see what could be dcme. They reported to me that
the lake was covered with nests, but on investigation the nests
would be found to be rock bass. They staked out the nests and re-
ported to me that a nest that would be covered with eggs to-dav
to-morrow they would entirely disappear and thev could^not find

110

REPORT OF THE

Off. Doc.

out what was destroying them, so 1 instructed lliem to crib as many
nests as they possibly couhl. These nests that were cribbed were
saved and the fish brought to the hatchery, but they were so small
that I failed to save any of them after placing them in the troughs
which I had prepared foV them. I found them all dead the following
day.

i regret to say that most of the fruits of our bass work were lost
through the mischievous work of some people whom we suspect, but
have no direct proof to convict. We adapted the same system in car-
ing for the young bass that we did with the perch and pickerel eggs,
namely, to hold them in floating boxes or cribs of extra large size
until the collectors came around. The conscienciousless persons to
whom 1 have referred would, as soon as our men left the field, init in
an appearance, destroy the cribs and overturn the floating boxes.
From this cause I estimate we lost more than half our catch. These
nefarious persons were very careful to evade arrest. I would sug-
gest to the Commissioner that when bass work begins next year to
have one or more wardens in the neighborhood for the specific object
of watching these people, whose names I will give, and capturing
and punishing them if possible, under the hatchery act, and if they
are caught to insist on the full punishment, namely, $100 fine and
six months' imprisonment.

Bass On the Hatchery.

The same time the men were operating the field I was observing
the work of the bass held here in captivity. There has been a great
deal written and I have heard a great many remarks being made
regarding the condition of bass that liave been held in captivity and
being artificially fed. During the winter T fed the bass by culting
holes in the ice and loAvering Ihe food on wire trays, and it has been
a noticeable fact by parties that the bass held here in captivity is
as fine and equals any bass found in natural waters. I did not pre-
]»are any special nests this season, but my observations the year be-
fore were that most of the bass refused to take the Lydell boxes and
made their nests out in the pond, which is of a gravel bottom.

One feature T noticed was that every nest built was built close
1o some stick or limb, which agrees with the observations made by
the Commissi(mer as to wild bass in the natural lakes. At one of
the meetings of the Superintendents he stated that at Madigan's
Long Pond and also in Sly Lake, he found three-fourths of the nests
either along side a rock or in the shelter of a large stone. It has
been a theory among bass culturists that it was necessary to place
boxes in the ponds and at a distance of at least 15 feet on account
of the bass interfering with one another during the spawning act.
My observaticms here do not agree with that tlieory as I have fre-
quently observed three and four nests within that many feet of
space and the fish attending to their nests in perfect harmony with
one another.

It is a peculiar fact and one which I would like to have information
U])on, is the different ])arts of the pond that bass select for nests in
different years. Last year most of the nests in my pond were on the
west side'and northern end. This year all the nests were built on the
east and south sides, but for what reasons I do not know. I have also

DEPARTMENT OF FISHERIES.

No. 21. _ _

111

Observed that every nest was selected along side of a piece of wood or
some loose limb that would be vin- in the nond Vnd fhf llZ.
mostly located in a depth of water from th^e to five fee ""'' ^'''
For this vagary I cannot account unless it is that for some un
exp ained reason the water temperature last year wafa litt rhLher
on the western side and northern end and this vear on he eastern

n^t^S^^lh^ ^^r'^' "^"^' ' ^^^" ^-^^^
nnJ'T '"'^'"l f ''^•'^'' ''""^ '° "'« I'"""! an'l these yielded about 75

tere" orC'n,Str ^-irth?"" '\' "^^- '^••'^ <^^- on everfnes t"
on^^f tt!!r *'"'"' -^ . ^""^ exception of one nest at the northern
end of the pond where thej were partly smothere.1 by the a?cumm^
lation of algae. In the other „e,sts scarcely any dead'eS ^eZ^ll

Rearing Bass To Adults.

tutr'* '^''.■^<"•■^ '''")<'"'t '"■■'ttp'- to obtain a stock of breeding bass
the Commismner adyised me some few years ago to try and nfse ««;

It was but a short time afterwards that I observed that iha fioi.
bass woL ^ay^beon thl trs';l^\'',"1\''°'' T'^*/'-"' ^•>«" '^^

Yellow Perch Hatchery Work,
low ierr'in^''oo'nds"S\''*' ''^'f *" ''^"'* t"- ^^''''^^^ '" rearing yel-

dri'^T-' - - =.ir.;o-;Lrrth^. t-
xrtty^af^^Vk: :."r<:;'r o-c.rnri-ntnXJh:' '^

mence to feed verv ravenouslv fntin^ 1!^ l^ "^^" ^^^^ ^^™-

8

112

REPORT OF THE

Lake Trout.

Off. Doc.

There was received at this hatchery from the Union City hatchery
100,(100 lake trout eggs which were hatched and retained in the
troughs until thev reached the advanced fry stage when they were
placed in various lakes throughout the northeastern part of Penn-
sylvania.

Cut-Throat Trout.

The cut-throat trout eggs received this season arrived here in very
fine shape. As thev arrived at a time when they were reconstructing
the hatching house, 1 had two troughs erected and connected with
the small spring adjacent to the trout pond where they were suc-
cessfully hatched and held until the advanced fry stage, and under
your instructions 5,000 were sent to Spruce Creek and the balance
jilanted in waters in Wayne county. My observation in regard to this
fish is that 1 do not think it advisable to procure any more eggs, as
the reports of fish being caught or seen are very few. and in fact
none that could be substantiated. In working in ditterent lakes
where thev have been i)lanted the men failed to find any of them.

Silver Side Salmon.

As usual, in the month of January I received a consignment of
100,000 silver side salmon eggs from the United States Bureau of
Fisheries Hatcheries, located in the State of Washingtcm. The eggs
arrived in perfect condition and were hatched and held at the
hatcherv until they reached the size of fingerlings No. 1, when, by
your orders, 1 forwarded 10,000 to Spruce Creek hatchery, 5,000
are still retained in the ponds here and the balance have been planted
in water tributary to the Delaware river.

Wall-Eyed Pike.

The wall-eyed pike eggs which were forwarded from the field at
Sanduskv, Ohio, to this staticm, did not arrived in very good condi-
tion. Tl'iis is the second year that the eggs from the field arrived
here in bad condition and'l feel i)ositive it is owing to the careless-
ness <m some one's i)art ccmnected with the field, as it is customary
for the spawntakers to i)lace cards on the dilTerent trays of eggs
stating the date the eggs were taken. Com])aring these cards with
the date that the eggs arrived here would be a difference of six or
seven days. I think if the eggs were not allowed to remain in the
field so long and receive more ice and attention, they would arrive in
better shape.

The eggs I received from Mr. ITartman of the Erie hatchery ar-
rived here in very good shape and the hatch was very successful.
These fish were planted partly on applications and partly by the
Department in waters tributary to the Susquehanna and Delaware
rivers. If it is at all ])ossible for you to do so, 1 would like about
10 times the amount of wall-eyed pike eggs that T am getting now,
as it is a noted fact that the fishing both in the Susquehanna and
Delaware is becoming very good, and both these fishes thrive and do
well in either river and are more sought after by the fishermen than
the bass are.

No. 21.

DEPARTMENT OF FISHERIES.

Cat Fish Work,

113

190i?^Tf wr'r^^'"''^^^"^ ^'^^ ^^ ^""'-^ «^ ^^tfish in the year
that resnec? fo^^^ """.^ ^V'^ ^"^ ^^^' ^^""^ ""'y ^^P^rts in

at ^> ( 00 H«H .h ^^ an enormous numer of adult fish, estimated
at .,000. Had them m ponds where they could be readilv watched
and seen, but the results as far as spawning was concerned I found
but one school of about 2,000 fish. couceinea, i lound

Extensions and improvements.

crease ''of wml ^Zf T' «°*'';«'y *?» «"'"" for the rapid annnal in-
wkltif ?L^lv' ^ ''^ "^, ^ •""'*"ng 6S feet in length by 20 in
width only allowed a single set of hatching troughs for trout and
m addition to the trout work, there was also a great deal of batterv
work to be done and the battery was set over (he troughs A ^S

t'th^rr s bir^r'"^^"^'^ *" <'» "-«'^^-«- "-

It was decided by the Commissioner to build an addition so th«f

ie Tork "Ti'e up' ^Trl^-'^'^^^^^^^ ^^^ ^' the'Lme' W ^xpmd
tne work the new addition gives us a building 70 feet lona hv fiV

-ill' L'.™-?",:;."";- 't:;"2.s"5r.i,r?,""'i"~","s. "'""•• ■»«

supply the other ponds on the hatcherv wLn fin'f ^^ '* ^"^

Ice House.

in?i7flf ut'r,"''^?*'^'' *" '*" '"'"''« 2G feet long bv 20 feet wide

too laUr in f wi?h''X" "T"*' "' «'"'"* 200 tons." Thist Tone

8-21-1909 ^ ^°^ "''"^ °^ *'•« woodland above the

114

REPORT OF THE

Off. Doc.

hatchery the temperature of the stream will undoubtedly rise above
normal and compel the use of ice whenever any portion of the
stream is to be turned into the trout ponds.

The output for the year commencing December 1, 1908, and ending
November 30, 1909, follows:

The above is respectfully submitted.

N. K. BULLER,
Superintendent.

Fish, etc.. Distributed from December 1, 1908, to November 30, 1909.

Pickerel.

Wavne coun/y, 100,000,000

Susquehanna county, -^^IJ'U^ff'^n!!

Pike county, 40,000,000

Lackawanna county, on'nnn'nan

Luzerne COUMty, ^o'nn nnn

Blair county, ^'oon'oon

Carbon county, • ^'nnn nnn

Mifflin county, 6,000,000

Huntingdon county, ol'ann'nnn

Monroe county, ^'nnn n a

Lehigh county, 5,000,000

Wyoming county, 10,000,000

Northampton county, 0,000,000

Bradford county, t'nnn'nnl!

Columbia county, 1,000,000

Total, 376,000,000

Silver Side Salmon.

Delaware River and Spruce Creek, 85,000

Rainbow Trout, Adults.

Lackawaxen River, 900

Tadpoles and Frogs.

Wyoming county, 3,500

Lackawanna county, 2,500

Snyder county, 500

Lycoming county, '^"0

Northumberland county, 13,500

Lehigh county, 1»^00

Susquehanna county 9,500

Schuylkill county, 7,500

Total, 38,500

^°- 21- DEPARTMENT OF FISHERIES.

Brook Trout.

Luzerne county,

Lycoming county,

Susquehanna county,

Schuylkill county,

Carbon county, ^

Sullivan county,

Bradford county,

l*ike county,

Lackawanna county,

>Vayne county,

Berks county,

Wyoming county,

Lehigh county,

Monroe county,

Northampton county,

Total,

115

167,000

32,000

109,000

111,000

108,000

132,000

78,000

97,000

148,000

135,000

40,000

16,000

34,000

34,000

38,000

1,339,000

Yellow Perch.

Wayne count v, .

Pike countv 200,000,000

iiradford county,* *.*.'.'.'.'.;;;;;;;; 10,000,000

^^\vonling county 5,000,000

Schuylkill countv 3,000,000

Lehigh county, V. .".'.'. V.V.'.V.V.*.*; 3,000,000

Susquehanna county 5,000,000

Luzerne county, 50,000,000

Lackawanna countv 20,000,000

Monroe county, 30,000,000

Columbia county, . 1,000,000

^ 1,000,000

Total, ~— ■

328,000,000

Small Mouth Black P,ass, Advanced Fry.

Pike county,

Lehigh county,

Snyder county,

Dauphin county,

Montour county,

Lackawanna county,

Schuylkill county, " ......[..

Bradford county,

Wayne county,

Wyoming county

Carbon county, [[

15,000

15,000

3,000

5,000

1,000

8,000

10,000

17,000

87,000

17,000

11,000

116 REPORT OF THE Off. Doc.

Northampton county, 1,000

Luzerne county, 10,000

Susquehanna county, 33,000

Total, 233,000

In addition to the above there were 21,500, intended for Cumber-
land and Franlilin counties, which were detained so long by the
wreck on the railroad, that it was necessary to plant them in the
Susquehanna river at Northumberland, making the total 254,500.

Lake Trout, Advanced Fry.

Susquehanna county, 25,000

Luzerne county, 6,000

Wayne county, 64,000

Total, 95,000

Wall-Eyed Pike.

Susquehanna county, 18,000,000

Pike countv, 1,500,000

Wvoming county, 3,500,000

Wavne county, 3,000,000

Bradford county, 10,500,000

Luzerne county, 1,500,000

Total, 38,000,000

Cut-Throat Trout.

Lackawaxen Kiver, Bigelow Lake, Long Pond and

Spruce Creek Hatchery, 50,000

Cat-Fish, Adult.

Dauphin county, 1,000

Summary.

Pickerel, 376,000,000

Silver side sain on, 85,000

Rainbow trout 900

Tadpoles and frogs, 38,500

Brook trout, 1,339,000

Yellow perch, 328,000,000

Small mouth black bass, 233,000

Lake trout, 95,000

Wall-eyed pike, 38,000,000

Cut-throat trout, 50,000

Catfish, 1,000

Total, 743,842 400

No. 21.

DEPARTMENT OF FISHERIES.

117

I

TOKKESDALE llATCUEKY, STATION NO. 5.

Report of Jerry R. Berkhous, Superintendent.

Jlon. \V. E. Meehau, Commissioner of Fisheries:

Sir: Uerewith is the report of the Torresdale Ilatcherv, Station
No. u, trom December 1, 1008, to November 30, lUUU.

Owing to the fact that tliere were no surplus white fish and lake
herring eggs from Erie and Union City hatcheries it left tliis hatchery
idle again through the winter mouihs so far as hatching was con-
cerned. The winter being very mild we were able to work out on
the grounds most of the time. The work mostly consisted of grub-
bing out stumps, clearing away dead trees and grading. The shippin<^
cans were painted with two coats of paint, and the hatching house
got in readiness for the spring work. The frv ponds were cleaned
and put in readiness for operation in the spring.

Yellow Perch.

Early in tlie spring there were biamhes of trees placed all around
the perch pond lor the perch to deposit their eggs and April 1st there
were three strings of eggs gathered witli the water temperature in
the pond at 52 degrees. TJie following day there were eight strings
ot eggs gathered the water teuii)erature remaining the same

I took notice that all of the first sjiawniug was done by the smaller
tish. Ihe period of si)awning lasted ihrougli the month of April
with the water temperature varying from 48 to 58 degrees The
largest number of strings of eggs gathered in one day was 120
strings or 100 quarts. 1 found that the fish all took to the east or
sunny side of the pond to deposit iheir eggs the same as the vear
previous. All the eggs gathered from the pond were verv nice and
about 1)8 per cent, of thorn were hatched. There were only one or
two strings that were not well fertilized by the male fish. liy permis-
sion of the man who has charge of Bristol Lake there were a lar^^e
number of yellow ])erch eggs gathered and brought to the hatcherv
from there. After tliey were hatched a part of the fry were planted
back in the lake, making by far a greater number of perch frv in
the lake than there would have been if the eggs had been left\and
allowed to hatch naturally.

Pickerel.

The fourth day of May I received the first consignment of Dickerel
eggs from N. R. Buller, Superintendent of the Wavne Countv Hatch-
ery. There were 300 qnarts in this shipment. Tliev were sliioped in
cases and carried through with practicallv no loss: Thev could not
have been better had they been gathered from one of the hatcherv
ponds. The second slnpment came through in the same manner but

118

REPORT OP THE

Off. Doc.

as it was further on in the spawning season they were not quite as
good as the first lot. The water temperature tlirough the period of
incubation was from forty-eight to seventy degrees. Tlie applications
were all filled and a large number planted in the Delaware river by
the Dei)artment.

Wall-eved Pike.

The wall-eyed pike eggs were shipped here by IMiilip H. Ilartman,
Superintendent of the Erie Hatchery. They were all eyed up eggs
and hatched in a very few days after they were received. The applica-
tions were all filled and one i>laut was made by the Department in the
Delaware river.

Shad.

April 2Sth with the water temperature in the Delaware river at 58
degrees, Mr. ilansbury and Laconey Brothers, all gill net fishermen
on what is known as the Torresdale drift, brought shad eggs to the
hatchery. Owing to the fact that the house was full of eggs at that
time we could not devote all of our time to (he shad work, but May 3d
the spawntakers were scattered along the Delaware river from W'ash-
ington Park to TuUytown so there would not be any shad eggs lost.

As soon as the hatching house was cleared of the other eggs we
turned to the sliad work on the Delaware river in full force and put as
many spawntakers on as the money from the appropriation would
allow. Most of the gill-net fishermen took their own eggs, after which
the eggs were gathered from them by a hatchery man. The fishermen
generally took great pains to save all the eggs they could and be sure
that they were taken right. They are now realizing the great benefit
it is to them and to the public by the Department propagating shad
on the Delaware river. The fore part of the shad fishing was very
good and as many as one hundred were often caught on one drift.
The shad run very large in size, averaging about four pounds, and
some extra large shad were caught that weighed eight and nine
pounds. They seemed to run in sex about equal, that is, the same
number of male and female, and they would average about one ripe
female out of every ten caught on the Torresdale drift.

About the middle of May the weather got cold and there was lots of
rain, which made the water in the river very muddy, and at one time
the water got as low as 42 degrees. Then the shad began to get scarce
and for a time the fishermen would hardlj' catch enough to pay their
expenses. After the weather got more favorable and the water got
warmer the shad began to come in the liver again, ))ut as the season
was getting nearly over a great many of them were spawned out and
nearly every roe shad caught was rij)e enough so that the eggs could
be taken. The eggs remained fertile and turned out well until the last
of the season. The average temjieraiure of the Delaware river
through the shad spawning period was <»() degrees. The average
amount of eggs taken from each shad was 50,000.

Sturgeon.

Following your instructions I succeed(Ml in getting about eighty
sturgeon, averaging fi'om eighteen inches to three feet hm^j^, from field
work done on the Delaware river. Some of tlie female fish were found
to have eggs, but were not far enough advanced to spawn.

No. 21.

DEPARTMENT OF FISHERIES.

119

h ollowing your orders they were placed in a pond and examined
caretully every day. First, J found that there were plenty of ripe
males among them, but no ripe females. The first ripe female was
lound Apri i)th, and when the eggs were taken from her it was found
that the fish was only about half ripe and the eggs could not all be
taken. At this time there were plentv of ripe males

The eggs were taken by the dry method and allowed to mat or stick
together. Alter they had hardened they were placed in a hatchiu.-
jar. i^mding that the eggs were v;iy heavy, they had to have about
twice as much water running through them as the ordinary egffs
would have to have in order to work them at all in the jar. The older
the eggs became the more they seemed to glue themselves together.
Ihey could not be separated because the shell of the egg would break
before they would separate.

There was a very small percentage of them hatched for the reason
that they could not be separated and they fungussed and smothered
beiore they hatched, ^^'hat part of these eggs that hatched broke out
of the shell April 25th and 2Gth. The average water temperature
through their hatching period was 48 degrees. The young fish re-
sembled a very young frog tadpole. The eggs from the second fish
were taken about one week later. They were taken with very little
water in the pan, and, after they were fertilized with the milt of the
male fish, they were immediately put into a pail of mud and water
and stirred constantly for about four hours, frequently chan^nncr the
mud and water, iiy so doing they were not allowed to stick toge*ther
After this they were placed in a hatching jar and a very large stream'
ot water run through them to keej) them from matting together They
had to be feathered very often and had to be screened apart four times
a day to keep them separated. The water was a little warmer and it
did not take quite as long for them to hatch as the first lot \ccord-
nig to the number of eggs in each lot I do not think that the second
lot hatched as many fish as the first lot.

J am of the opinion that they should be hatched on travs the same
as the trout. 1 think that they should be put on trays before they
commence to stick together, and then the dead eggs should be picked
oil without doing any harm to the live ones. I am also of the opinion
that the little slicktights , which completely cover the shell of the efforg
and chng to anything that touches it, are for a protection to the egg

Jhrough your invitation 1 had the pleasure of showing Mr Tit-
comb, fr()iii the United States Jiureau of Fisheries, the sturgeon 'work
done at this hatchery. *

Altogether there were lour hundred sturgecm hatched. Some of
them were i»reserved for reference and the balance were planted in the
Delaware river.

Large Mouth Bass.

We have found by stocking small mouth bass in the hatcherv ponds
at this statum that they do not thrive well, so, following vour direc-
tions, I have taken up the large mouth bass work altogether The
adult bass were left to build their own nests on account of there beinjr
so much gravel on the bottom of the pcmd. There was also lots of
moss growing in the i)oiid. The bass spawned and hatched the latter
part of April. After the fry were old enough to raise to the surface
of the water they seemed to all go into one big school. After this a

120

REPORT OF THE

Off. Doc.

greater part of the fry were taken out by means of a small net and
transferred to the fry ponds until the shipping time came. When
they were caught for shipment it was found that the fry that were
left with the adult fish were two and three times as large as the ones
that were removed to the fry ponds. I recommend that another year
you permit me to leave the fry in the pond with the adult fish until
just before such a time as the adult fish start to prey on the
young ones.

October 15th I received from A. G. Buller thirty-six adult bass and
585 tingerling bass, which were very fine fish. 1 have a total now of
over one hundred adult bass which are in very good condition. They
should produce next spring about 150,000 young bass.

Catfish.

Early in the spring the adult catfish were placed in their brood
ponds. The larger part of them spawned in the month of May, al-
though there were a few that did not spawn until about the middle of
June. They consisted of the two varieties, (he white or channel and
the common yellow catfish, and one variety seemed to do as well as the
other. After the fish were hatched the two old fish, uiale and female,
would school the young fish together in a round ball and guard them
very closely. They were left with the old fish in this manner until
they got to such an age that they would rise to the surface of the
water in a rolling ball, then they were taken out by uieans of a net
and put into the fry ponds, where they were fed and cared for until
shipping time. It has been found that after the young fish reach a
certain age the old fish will feed on them.

Sunfish.

The Lake Erie blue gills and a few long ears were i)laced in the
large sunfish brood pond aud left to build their nests on the gravel
bottom of the pond. After the young fish were hatched they were not
taken out of the pond, but left in with the adult fish. This, I think,
can be safely done providing the adult fish are kept very well fed so
as to prevent them from eating their young.

As 1 did not have enough brood fish of the blue gill variety I had a
pond of the coumion and .yellow sunfish, which were hatched and
cared for in the same manner as the blue gills, which, I must say,
turned out a great many more fish than I expected. Although the
ai)plications were not quite all filled there was a greater number of
fish shipped than the year before.

Frogs.

The frogs, after the spawning season, were turned out and allowed
to go from one hatchery pond to another on account of tearing out
their pond for the purpose of building a large catfish pond. The
young frogs were hatched mostly in the goldfish and sunfish ponds.
They were mostly shipi)ed in the tadpole stage in the fall of the year
as before. I find that by turning the adult frogs loose on the hatciiery
grounds that they do not leave, but they are liable to jump into the
bass pond and are devoured by the bass.

Following your orders, there will be a pond made for them in the
near future.

No. 21.

DEPARTMENT OF FISHERIES.

Terrapin.

121

Removing the large terrapin to the pond which was fitted up for
them this spring, they were kept under a very close watch until about
the middle of June, when it was found that they had commenced
to dig in the sandy banks of the pond. Very shortly after this it was
found that they had deposited their eggs *^in the sand and covered
them. Being very eager to find out all we could about the terrapin,
the eggs were occasionally dug up and examined, which we have
found since was a decided mistake. Just before the time they should
have begun to hatch the ground moles got into the banks and dug
some of the egg.< completely out and buried some of them so deep
that they smothered. This made the terrapin work very nearly a
failure this year, but at any rate there were a few of them hatched
out and crawled into the pond with the large ones.

Goldfish.

The three hundred triple tail or Japanese goldfish that were put
into the large pond to carry through the winter were too delicate to
stand the cold weather and the most of them died. The other fish
were spawned the old way by putting the water Iiyacinths in the pond
with the adult fish and after the fish would deposit their spawn on
these plants they were removed to another pond and left there until
they hatched. I thoroughly favor your idea of doing away with the
goldfish at this hatchery for the ponds that they occupy are badly
needed for fry ponds for the various other kinds of fish reared at this
station.

Improvements.

The creek which feeds the series of hatchery ponds enters the
grounds at Linden avenue aud runs through the centre of the grounds
to the Delaware river. This creek is made up of springs, but^s it is
about one and a half miles in length it drains considerable territory,
consequently in time of a heavy rain the water comes down with a
rush and is very muddy, especially in the springtiuie when the fish are
spawning in the ponds and should have clean water.

Following out your directions after the hatching season was over
in the spring, 1 started a concrete sluiceway at the extreme upper
end of the grounds, or where the creek crosses'^Linden avenue, running
this sluiceway directly between the two series of ponds, cme series
one the east side and the other series of p(mds on the west side of the
sluiceway. The walls were made ten inches thick and run froui two
feet six inches to three feet six inches high. The sluiceway was made
four feet in width. This was built a length of G85 feet of double
wall to the upper end of the sturgeon and pickei'el pond No. 2. Find-
ing that we would be able to get running water into the catfish pond,
which had always been supplied by the pump from the river, by going
through the knoll a depth of eleven feet in tlie deepest part, tlie ditch
was dug and 18-inch terracotta pipe laid through the knoll a distance
of 470 feet. The terracotta was connected with the sluiceway at the
upj)er end. An open concrete sluice Avas built at the lower end of the
pipe leading into the Delaware river a distance of 105 feet. The com-
plete length of the sluiceway is 1,206 feet. Each pond is connected
with this sluiceway with an intake and overflow pipe. The water in

122

REPORT OP THE

Off. Doc.

the sluiceway is regulated by means of splash boards, and any pond
along the sluiceway can be drawn oft' or filled uj) independently of any
other. The water can all be run direct to the river or can be turned
into any of the ponds if needed.

The Correction Labor was sent here through the orders of Mr. Clay,
Director of Public Safety, and helped to build this sluiceway. There
were also three new ponds built on the east side of the sluiceway at
the upper end of the grounds, one being built directly below the other.
The lirst one is 38 feet wide and 123 feet long, the second 38 feet wide
and 120 feet long, and the third one 38 feet wide and 129 feet long.
The first and second one will be used as fry ponds and the third one
will be used for a catfish brood pond. At the present time we are at
work on a catfish brood pond that will be over 200 feet long when com-
pleted. There was also a concrete wall built between fry ponds No. 2
and No. 3 and the large sunfish pond which was two and a half feet
high and over 100 feet long.

By your orders, there were about fifty very fine selection of ditt'er-
ent trees planted on the hatchery grounds from the Meehan Nurseries.

The electric lights have also been installed on the hatchery grounds.
There are three arc lights along the hatchery ponds, which is of great
benefit at night in watching the ponds.

The hatching house has also been wired and lights will be turned on
when needed. Although there are yet lots of improvements to be
made at the Torresdale Hatchery, the general condition of the hatch-
ery and the brood fish are good.

I am glad for another opportunity of thanking you for your valu-
able suggestions and ccmrtesies given me.

Tlie output of fish from December 1, 1008, to November 30, 1001), is
herewith attached.

Respectfully,

J. K. BEKKirOUS,

DISTKIBUTION OF FISIJ, ETC., FROM DECEMBER 1, 1008, TO

NOVEMBER 30, 1000.

Large Mouth Bass, Advanced Fry and Fingerlings.

Bedford county,

Berks county,

Blair county,

Bucks county,

Cambria county,

Chester county,

Cumberland countv,

Delaware county,

Huntingdon county,

Juniata county, ;

Lancaster countv

Lebanon countv,

Mifflin county,

6,545

13,475

1,925

11,550

770

11,935

770

2,695

1,155

385

3,080

6,160

1,195

No. 21. DEPARTMENT OF FISHERIES. 123

Montgomery county, 20 020

Perry county, '779

Philadelphia county 3^5

Westmoreland county, 385

Total, 83,200

Catfish, Advanced Frv and Figerlinjrs.

Adams county, 6,000

Berks county, 101,500

Bucks county, 27,000

Chester county, 2 500

Cumberland county, 12000

Dauphin county, 10^000

Delaware county, 6,000

Franklin county 12 500

Lancaster county, 24 000

Lebanon county, 4500

Montgomery county 54,500

Northampton county, 1 000

Philadelphia county 53000

York county, ....." '..'.'.'.'.'.'.'.'.'. 18^500

Total, 333,000

Catfish Adult.

Philadelphia county, 500

Frogs and Tadpoles.

Berks county, 14 ooo

Bucks county, ^ qOO

Chester county, 9,500

Clearfield county, 3[o00

Cumberland county, 1.000

Lancaster county, l[oOO

Lebanon county, 4 000

Mifflin county, 3000

Montgomery county 7000

York county, ....:. '.'.'.'.'.'.'.'.'.'. 5l!500

Total, 100,000

Calico Bass, Adults.

Cambria county, 50

Sunfish, Advanced Fry and Fingerlings.

Adams county g oqq

Bedford county, .............]'. 5^000

Berks county, go.OOO

Bucks county 15 qoo

Cambria county, 4 qoo

124 REPORT OF THE Off. Doc.

Chester county, 3,000

Cumberland county, 9,000

Dauphin county, 5,000

Delaware county, 1,500

Franklin county, 2,500

Fulton county, 1,000

Huntingdon county, 2,000

Indiana county, 24,000

Lancaster county, 14,500

Lebanon county, 3,000

Mifflin county, 1,000

Montgomery county, 46,000

Northampton county, 1,000

Perry county, 2,000

Philadelphia county, 4,000

Somerset county, 1,000

Westmoreland county, 2,000

York county, 52,500

Planted by Department in Delaware river, 03,000

Total, 300,000

Sunfish, Adults.

Philadelphia county, 132

Goldfish, Fingerlings.

Crawford county, 35

Bucks county, 50

Lackawanna county, 200

Montgomery county, 200

Schools and public places in Philadelphia county, 2,615

York county, ." jqO

Total, 3^200

Goldfish, Adults.

Bucks county, 50

Chester county, 30

Erie county, 100

Montgomery county, 100

Philadelphia county, 420

Total, 700

Sturgeon Fry.

Planted in the Delaware river, 400

Shad Fry.
Planted in the Delaware river, 15,000,000

No. 21. DEPARTMENT OF FISHERIES. 125

Wall-eyed Pike Fry.

Berks county, 125,000

Blair county, 1,275,000

Cumberland county, 975,000

Huntingdon county, [[ 60o'o00

Indiana county, 575,000

Juniata county 75,000

Lancaster county, 250,000

Lebanon county, 375,000

Mifflin county, 525,000

Montgomery county, 150,000

Perry county, 300,000

Planted by department, 555 OOO

Total, 5,780,000

Pickerel Fry.

Bedford county, 2,400,000

Berks county, 9,760,000

Blair county, 2,960,000

Bucks county, 0,560,000

Cambria county, 3,600,000

Chester county, 720 000

Cumberland county, j 440000

Dauphin county, .* '.'.'.'.'.'.'.'.'.'.'. l,U{)]oOO

Delaware county 720 000

Franklin county, '.'.'/.'.['.'.'/.'.'.'.'. 800,'oOO

Huntingdon county, 2,160,000

Indiana county, 720,000

Lancaster county, 2,080,000

Lebanon county, 480,000

Mifflin county, 240 000

Montgomery 'county, ...../....'. 6,72o'oOO

Perry county, 480,000

W estmoreland county, 240 000

York county ^ '.'.'.'.'.'.'.'.'.'.'.'. 1,7601000

I lanted in Delaware river, i^ 420 000

"^^^^^ 63,700,000

Yellow Perch Fry.

Adams county, 360,000

Bedford county, 1,080,000

Berks county, 12,660,000

Bucks county, 4,560,000

Cambria county, j oqq qqq

Carbon county, '.'.'.'.'.'.'.'.'.'.'. i;620,'oOO

Centre county, i8o,000

Chester county, 5,580,000

Cumberland county, 1,080,000

Dauphin county 1,680,000

Delaware county, 360,000

126 REPORT OF THE Off. Doc.

Franklin county, " 900,000

Huntingdon county, 900,000

Indiana county, 5,880,000

Lancaster county, 1,620,000

Mifflin county, 540,000

Montgomery county, 8,580,000

Philadelpliia county, 600,000

Somerset county, 360,000

Westmoreland county, 480 000

York county, ^ '.'/.'.'.'.'.'.'. 8,120,'o00

Planted by the Department, 18,100,000

'Tota^ 71,500,000

Summary.

Large mouth bass, fry and fingerlings, 83,200

Catfish, fry and fingerlings 333000

Catfish, adults, ^qq

Frogs and tadpoles, '.'.'.'.'.'.''.'.'.'.'.'/.'.'.'... 100,000

Calico bass, adults, 50

Sunfish, fry and fingerlings, 300 000

Sunfish, adults 132

Goldfish, fingerlings, 3 200

Goldfish, adults, jOO

Sturgeon, fry, .............'.'.'.'.'.'.'.."" 400

w'n' ^""'I' ••;•••; 15,000,000

\\ a 1-eyed pike, fry, 5,780,000

Pickerel, fry, 63,700,000

Yellow perch, fry, 71,500,000

"^^^^^^ 156,801,182

No. 21.

DEPARTMENT OF FISHERIES.

127

KlllE AUXILLVRY HATCHERY, STATION NO. 6.

Report of A. G. Ruller, Superintendent.

Hon. W. E. MEEHAN,

Commissioner of Fisheries, Harrisburg, Pa.

Sir: I beg to submit the following as mv report from December 1
1008, to November 30, 1009.

December 2, 1908, I received 8,320.000 lake herring eggs from Erie,
and December 4th, 1,872,000 white fish eggs from Conneaut Lake
Hatchery. These eggs were transferred to tins station as Mr. SafTord
was unable to handle tlie eggs at his hatchery owing to a scarcity of
water. The conditicm of the white fish and lake herring eggs in the
house at this time did not look promising for a big output of fry as
when the eggs were received from the field they were in bad condition,
and T am sure the white fish eggs were not properly cared for before
shiy)ping from the field.

The herring eggs also were of a very poor qualitv. The fry when
hatched were planted in Lake Erie. You directed me to send one
million of the lake trout eggs T mentioned of having in my previous
re]>ort to the Corry Hatchery, and after the eggs were eyed one hun-
dred thousand went to the Wayne County Hatchery.

The fish began hatching February 15t'h, and were planted in Lake
Erie during the month of April.

April 20th. 1 received the first shipment of pike-perch eggs from
Erie. The entire number of pike-perch eggs received was 57,400,000.
The yellow perch in the pond at this station began to spawn April
22d, and the enn're number of eggs collected from this pond durin*'
April and Afny was 20,000.000. T received from the Wnvne County
Hatchery 11.200.000 yellow perch eggs, and 22.500.000 pickerel eggs.
Heretofore the perch and pickerel eggs have been carried in cans
used for shipping fry, but we have found this to be unsatisfactory.
This year the eggs were shipped in cases with sufficient ice to hold an
even temperature. When they arrived here T found them in splendid
condition, and it has proven to be an excellent wav of carryin"- these
eggs as there was practically no loss in the hatching. ' *

Owing to the large number of fish eggs to be bandied it was neces
sary to carry a large number of eggs in the trout hatchery on trays,
as so far there is only one battery installed in the battery house. The
distribution of these fish will be found in my report of distribution.

Owing to this station being in easy touch with Erie vou directed
me to ship some of my adult small mouth black bass to the Torresdale
Hatchery. T shipped seventy nine, leaving twentv-four in the pond.
T expected to get sufficient breeders from the lake before spawning
season, but. unfortunately, T did not receive anv fish until after the
spawning season was over. The bass began to spawn the 28tli of Mny,
and by the 31st there were 10 nests. This was the entire number of
bass nests. My breeders averaged about four pounds each and there

128

REPORT OF THE

Off. Doc.

was a larj?e number of eggs deposited on each nest. From the 10 nests
there were 50,000 fry hatched. The number of fish liatched was not
suiticient to fill the applications assigned to me. You ordered 72,000
to be sent here from the Wayne County Hatchery.

From experience it lias been learned the fry gathered from the lakes
cannot be held successfully in the ponds. For this reason the fry
were dlslributed as soon as they reached Ihis station. 1 have C(mie to
the conclusion, from my own experience in the work, that if the black
bass fry taken from the ponds were disti'ibuted at the age of ten to
fifteen days there would be better results obtained.

I wish to speak of one of my ponds which contained 10 two year
old black bass. These bass I had raised. One day I noticed one of
the bass cleaning a nest. I watched this closely for ten days and I
examined the nest every day for eggs, but found none, nor could I see
but the one fish at or near the nest at any time. After the tenth day
the fish left the nest entirely. This leads me to l)elieve the female
bass does not spawn at two years old, or it might have been possible
that among all the fish in the pond there were not any females.

I am glad to report my output of sunfish was larger this year than
any pr(»vious year. T distributed 207,000 fingerlings No. 1, and have a
large number left in the j>ond. I was able to distribute 15,000 calico
bass fingerlings No. 1. Owing to insufficient room I had the calico
and rock bass in one pond. Next spring I intend se])arating tliem and
look for better results. The rock bass hatched very few fry, and I
will raise what were hatched for breeders.

I know you are quite anxious to have success with the hatching of
sturgeon at this station. Last year I received two small sturgeon
from Erie and four more this summer. They averaged about three
feet in length. This number of fish seems small, but T ho])e to be ab^e
to make a beginning with the work next summer.

During April T cleaned several of the smaller ponds and transferred
from one of the ponds l.Ol.'i blue gill and long eared sunfish, 177 rock
bass and 111 calico bass. These fish are from one to one and a half
years old and are being retained for stock fish.

Tn the fall I put 1,000 small mouth black bass in one of the ponds,
averaging in lenglh about three inches. These fish were fed regularly,
and tlie ])ond was stocked sufficiently with minnows to supply them
witb food during the winter. When the pond was cleaned this spring
we removed 470 bass, and a large number of minnows. I put these
fish in another ]Kmd and they were again well fed. They ate freely of
ground lungs in connection with the minnows given them. Tn August
T again assorted them and found 2S.*^ bass. They had grown to almost
twice the size they were at the time they were placed in this pond.
Altogether there was a loss of 717 fish out of the 1,000 in less than one
year's time. This aorain proves how destructive the bass are. This
fall T placed 700 fingerlings No. 2 in one of the bass fry ponds and
am giving them s]>ecial attention as T should like to find some way
to overcome the loss.

During the month of October T assorted all my stock fish and found
them to be healthy and in fine condition.

Dr. FT. M. W. TTardwicke, of Erie, purchased a private hatchery at
Kootville, Crawford county. There were a number of large mouth
bass breeding fish, also bass of thif« year's hatching in the ponds, and
as Dr. TTardwicke does not intend ])ropagating large mouth black bass
he asked if T thought the Commissioner would make an exchange for

No. 21.

DEPARTMENT OF FISHERIES.

129

goldfish. T wrote you in regard to the matter and vou consented to
the exchange, which was made during October for 3G adults and 585
small bass. Dr. ITardwicke received 52 fine goldfish. The bass were
sent to the Torresdale Hatchery.

During the month of November I received 52,722,000 lake herring
eggs. The eggs are in better condition than thev were last year and
the outlook at present is favorable for a good percentage of' the eees
to hatch. °^

During the summer we built a concrete wall on both sides of the
creek from the splash at the supply pond to the first bridge, a distance
of about eight hundred feet, also concrete side walls and apron at the
splash.

The grounds were graded at different places, trees planted, two new
ponds completed, and a third pond partly finished. These ponds are
50 x 150 feet in size. All the spare time was utilized in hauling "ravel
for the driveways.

Tn October you directed me to go to Bellefonte to assist in taking
eggs. After being there two weeks T went to Mr. Charles A. Wolter's
hatchi^ry at Weissport for one week, then returned to Union Citv iii
order to get this Iiatchery ready to receive the winter supply of eggs.

Respectfully,

A. G. BULLEK,

Superintendent.

FISH, ETC., DISTIIIIUTTED FROM DECILMBER 1 1908 TO

NOVEMBER 30, 1909.

White Fish Fry.

Planted in Lake Erie, l,500,0tm

Lake Trout, Advanced Fry.

IManted in Lake Erie, j (jqq ^^qq

Lake Herring Fry.

Planted in Lake Erie, o,500,0()0

Yellow Perch Fry.

ITadf.ud county, l,(j.->7,.14fl

U.iiimi .■<,.mty 3,4.iT.(;.S0

r,:nv „„ ,„„n J, 1,U5,500

(.Icjiilicld coiiiitv, J 7,;> 4fjA

Erie co,mi.v, . ; ; s]^.^r{..f,^^

riiinicd in Lake ICrie, <> V'l --'o

rycniins cmnuy '.'.'.'.'.'.'.'.'.'.'.'.'.'.::'.'. tolmo

u.p .onnly 7,040.(i(iO

Umm c.mnty 1,7G2.400

M »non cmnl.v, G,344,ri40

^°*°'' 40,788,030

9—21—1909 =====

130 REPORT OP THE Off. Doc.

Pike-Perch Fry.

(.learfield county, 1,250.000

Dauphin county, 7,000,000

Forest county, 3,250,000

l.vcoming county, 3,350,000

lUontour county, 2,000,000

Union county, 900,000

Warren county, 4,500,000

York county, 7,700,000

Total, 29,950,000

Pickerel Fry.

Bradford county 457,200

Clinton county, 1,973,100

Crawford countv 174,450

Faie county, 9,709,200

Lycoming couniy, 2,384,150

Northumberland county, 872,250

Tioga county, 359,900

Union county, 1,221,150

Warren county, 5,652,000

Total, 22,868,400

Sunfish, Fingerlings No. 1.

Allegheny county, 99,000

Crawford county, 15,000

Erie county, 180,000

Philadelphia county, 3,000

Total, 297,000

Calico Bass, Fingerlings No. 1.

Crawford county, 15,000

Small Mouth Black Bass, Advanced Fry.

Adams county, 2,000

Erie county, 13,500

Lycoming county, 12,.500

Warren county, 23,800

York county, 27,000

Total, 78,800

Small Mouth Black Bass, Fingerlings No. 1.

Centre county, 900

Clinton county, 2,400

Lycoming county, 7,500

Northumberland county, 2,100

No. 21. DEPARTMENT OF FISHERIES. 131

Sullivan county, 5,100

Tioga county, 3,600

Union county, 5,100

Warren county, 7,800

Total, 34,500

Small Mouth Black Bass, Fingerlings No. 2.

Erie county, 1,920

Summary.

Lake trout, advanced fry, 1,600,000

White fish fry, 1,500,000

Lake herring fry, 6,500,000

Yellow perch fry, 40,788,680

Pike-perch fry, 29,950,000

Pickerel fry, 22,868,400

Sunfish, fingerlings No. 1, 297,000

Calico bass, fingerlings No. 1, 15^000

Small mouth black bass, advanced fry, 78^800

Small mouth black bass, fingerlings No. 1, 34,500

Small mouth black bass, fingerlings No. 2, 1,920

Total, 10.3,634,300

132

REPORT OF THE

Off. Doc.

CKAWFOKD HATCilEKi' NO. 7.

lieport o! W. II. Salford, Superinteudent.

Hon. VV. E. Meehan, Commissioner of Fisheries, Ilarrisburg, Pa.

Dear Sir: I beg to submit to you the following report of Crawford
Hatchery for the year beginning December 1, 1U08, and ending iS'o-
vember '^0, 11)01).

The year just ended has been one of progression at this station.
We have practically doul)led our p(md area, and some very necessary
buildings have been erected. It is a well-known fact I hat all hatch-
eries have their good and bad years. W ith the exception of the loss of
our water supply to our battery early last fall, we have had what 1
call a banner year, not only in our construction work, but in the most
important thing of all, our lish culture.

We have succeeded in increasing this year's hatch over that of last
year in every specie projjagated with the exception of one. Some we
have more than trebled. 1 am fully aware of the fact that this is ex-
pected in a new^ station. This one siill being in its infancy its limit
has not been reached by any means. It is, therefore, a great pleasure
to me to be able to report to you an increase of tish produced from
year to year.

The generous division by you of tlie ai>propriation at your com-
mand toward this stati<m has made this possible. In our general
work of the station we have succeeded in eliminating some very un-
sightly places on the grounds. We were able to do this much faster
and with less expense this year than heretofoie. As 1 have stated in
previous reports, in pond construction the excavations here are al-
ways heavy, and if we had not had places to till (of which 1 will speak
later), what to have done with the dirt would have been quite a prob-
lem. As it was, as fast as we removed earth from jxmd we had a
place to use it so that when the pond was finished we had the upper
end of the grounds pretty well to its grade.

The weather conditions the past summer and fall were ideal for
outdoor work. This gave us ain])le opportunity to tinish to complete-
ness everything on which we had planned.

The most excessive drought ever known in this section of the State
started last year and caused a heavy cut in our output. When the
season for white fish and lake herring arrived last fall, I thought I
had enough water to be able to oi)erate at least one-half of the battery.
The 24th of November the eggs arrived and were placed in the battery.
The next morning the weal her became very cold, followed by a heavy
snow. Our water sui)i)ly began to diminish at once and by night we
had scarcely a drop of water coming into the battery. The heavy fall
of snow with the light liow of water made the /low sluggish^ and
finally sto])ped it entirely. Then l>egan a struggle to keep the eggs
alive until 1 could get orders from you where to transfer them. This
was done by the men working in relays dipping the water from the re-

No. 21.

DEPARTMENT OF FISHERIES.

isa

taining tanks and pouring it into the upper battery trough. This was
continued oG hours, when 1 received orders to transfer ihe eggs to
Union City Hatchery. This meant quite a heavy loss of eggs, but we
have the satisfaction of knowing we saved some of them. I should
say I \A'ould hav^^j returned the eggs to the Erie Station, from where
they had been shipped, only that every jar there was tilled and it was
impossible for the Superintendent to take care of them.

The drought has continued from that time up to the present and
has caused untold damage to the surrounding country. Wells and
springs that was never known to go dry in the history of the oldest
families are dry and have been so for months. Conneaut Lake, the
largest inland body of water in Tennsylvania, is at the lowest mark
ever known. The fall of rain in this section of the State for the past
year has been the lightest ever known in the history of the \\'eather
Dureau. To-day we have no water at all in the stream on which the
battery is locateil, a stream which two years ago would fill an eight-
inch water pipe at any time of the year, and as we only require a four-
inch main we had an ample supply.

As the drought still continued into this fall's hatching season it will
again reduce my output considerably. The first two years I was lo-
cated here we had two extremely wet seasons and these followed by
two just as dry ones, it seems as though next year we should have
plenty of water. \Ve have had, however, a plentiful supply of water
for our pond cultural work, and unless the ice freezes to a great depth
to still lower the level of the lake, I see no reason for alarm in that
direction.

On the opening of spring there is always a great deal of cleaning up
to be done, such as giving the lawn a thorough raking, removing the
refuse taken from the ponds during the winter, filling in the holes in
the driveways and repairing fences.

As soon as the weather permitted, acting under your orders, I
began a drainage ditch across the Mellon farm adjoining us on the
north. This ditch is four feet wide on the top, two and one-half <m the
bottom, and runs a distance of 1,380, feet with an average depth of
three feet. The time required to complete it was three weeks with five
men's labor. The necessity for digging this ditch was caused from the
fact that we secure our water supply for pond culture by damming
up the outlet of the lake. In order to keep the water at the height
required for use in ponds it was necessary to re-dyke along the creek
to prevent overllowing this farm. This, of course, stopped the natural
drainage of the farm in that direction and in order to prevent all the
surface water from passing cm to our grounds, this ditch was much
needed.

As soon as this piece of work was finished, we began the work in
earnest of building our new bass pond. This was a mighty job. Dur-
ing the winter we had cut all timber and removed all the logs found
on the surface. The first thing we had to do was to get rid of the
stumi)s and brush. There being a great number of stumps, and all
green ones, the task was no light <me. A\'ilh the aitl of dynamite,
ropes, tackle blocks and horses we gradually got the ground in work-
ing condition ready to begin digging. In the meantime we had at-
tended to fish cultural duties, the rearing and shij)i)ing of bass and
sunfisli and other things that demanded immediate attention.

134

REPORT OF THE

Small Mouth Bass.

OfE. Doc.

This season's work produced another new problem to which 1 have
not found an explanation lo my sat isi'ac lion. Alter all the nests had
been set in the pond in the early part of June, 1 had at one time 15
nests with eggs on wlien hrsl cast, and for two days after they were in
lirst-class condition, but on the morning of the third day, on my regu-
lar inspection of the pond, 1 found that some of the lish had left the
nest and nearly all of the eggs were dead. On going further 1 found
some hsh on the nests with the eggs in the same conditiim. This con-
tinued until 13 of the 15 nests died entirely, i, at that time, could
tind no reason for this, nor am 1 satislied in my own mind at this time
what was the cause. The matter was brought up to the Superintend-
ent's meeting, held at this place July 7th. The opinion of one of the
Superintendents was that the lish were too poor and had no vitality.
This does not hold good in my mind, for within a week after this
occurrence 1 had 2o nests of the same species and in the same pond
where they had always been. Each and every one of these nests pro-
duced a tine percentage of fry, enabling me to rear and ship GiJ,500,
and every one a lingerling.

We had no hard storms at that time of any kind, neither was there
any sudden fall in the temperature. All of my bass at this time had
been fed nothing but natural food, such as shiners and young suckers,
as 1 had not been able to get my hsh to take artihcial food until some
time later. At the time 1 thought it was the age of the hsh. The
lish 1 had must have been six or seven years old, and while I have no
standard to go by as to the length of lime before the males and fe-
males of the bass family began to deteriorate, this we do know that in
some other species propagated hsh of that age are useless. 1 have no
reason not to believe that this would not follow with the bass familv.
SuUicient to say 1 lost the eggs and don't know why. Notwithstand-
ing this set-back, 1 nearly doubled my output over that of last year.
Number hatched and planted, (>U,500.

Sunfish.

With the sunhsh we had a fairly good year. The area of this pond
being next to the smallest of the four i»onds holding adult hsh, 1 con-
sider the output of TG,t)00 very fair. While not quite up to last year's
production, 1 have no reason to complain of the nuuiber hatched.
Uur stock of adult tish being somewhat reduced by (he natural mor-
tality that comes to pond culture, 1 think we have done as well this
year as we did last. It is a pleasure to proi)agate this sj)ecies of fish,
for they are busy little f(?ll(»ws and the fry is line to handle and ship!
1 am waiting the time when we will have a much larger \Hmd to devote
to this fish. Aside from the bass there is no tish 1 take a gi-eater in-
terest in than the bluegill sunhsh. Number hatched and planted,
70,000.

Yellow Perch.

The number of eggs gathered this year from the yellow perch lield
at this staticm was way beyond my expectations. Tliey gave us about
1(),500,00() eggs. I tried a new ex])eriment this year in brushing the
pcmd. In addition to placing brush around the edge of the pond from
the bank out, I cut snmller branches and i)laced directly on the bot-

No. 21.

DEPARTMENT OF FISHERIES.

135

torn in an upright position, bringing to the surface like those placed
in the edge of the bank. I conceived my idea from a slight incident
of the year before. A small piece of brush had become fastened to the
bottom of the pond and from this brush I took hve ditferent strings of
eggs. This set me to thinking it would be a good plan to put more in
the same position. It did not prove much good, however, as very few
strings of eggs were found on them, and the most of those we did find
I tliink had become loosened from the ones set in the bank. The eggs
received from the field shipped from the Wayne County Hatchery
were the finest I ever saw, and I wish to commend the Superintendent
of that station for his skill in gathering, packing and shipping
these eggs.

At the adjourned meeting of the American Fisheries Society held at-
the Castalia Club, Castalia, Ohio, it comes to my mind that some of
the different Superintendents of the United States Bureau of Fish-
eries gathered there found a great deal of fault in the handling of the
eggs and fry of this fish. Some claimed they could not keep the eggs
in the jars, others were bothered by the fry smothering. I have
neither of these difficulties, nor have 1 heard of any of our Super-
intendents say that they had. Perhaps if they would screen the
mouth of the jars and increase the flow of water at the proper time,
they could eliminate this. Number hatched and planted, 33,700,000.

Pickerel.

These eggs came at the same time and from the same field that the
yellow perch did. In quality they were equally as good as the yellow
perch. There is a peculiar feature attached to the eggs of the pickerel
and yellow perch. They are so nearly identical in color, size and for-
mation that only an expert can distinguish the difference. The fish
also have the same spawning period, and as near as I can learn, about
the same habits. In color and size the fish are vastly different. In
the propagation of this specie the period of incubation and the man-
ner of hatching is the same as the yellow perch, and the per cent, of
natural impregnation appears to be as great as the above-named fish,
and we all know this to be nearly one hundred per cent. Number
hatched and planted, 13,950,000.

Catfish.

The species of catfish propagated at this station are two in number,
namely, Lake Erie catfish and the yellow or mud catfish. The first
named fish is a very valuable one, its commercial rating being equal,
if not better, than any other fish of this family. The number of adults
held in the pond at present is not very great. We have only 12, rang-
ing in weight from six to twenty pounds each. There is also held in
this pcnd about fifty adult yellow catfish. These we had on hand
prior to our getting the larger and better fish. We, therefore, had to
have both kinds in the same pond, but, as far as I could observe, they
seem to get along all right together. Each appeared to keep apart
from the other. The majority of our Lake Erie catfish were received
too late to do us any good this year. I am looking forward to getting
a number more of this same kind of fish, and that eventually our Lake
Erie catfish will be considered among the important fishes propagated
at this hatchery. Number hatched and planted, 31,500.

136

REPORT OF THE
Frogs.

Off. Doc.

Frog culture at this liatchery for the year just passed has been one
of success. Not that anything new has been determined, (jnly that 1
am firmly convinced that young frogs, say those that have reached
the hopping stage, by that 1 mean the tail has become nearly ab-
sorbed, can get along with very little water.

In my report to you last year 1 mentioned the low condition of the
water supply in the frog ponds. This was during August and Sep-
tember. 1 found at that time my frogs were gifted with a new in-
stinct. Having ihis in mind, when the water conditions were about
the same as last year, 1 began watching the young frogs. There was
only about an inch or an inch and a half of water in the pond. In
the early morning or evening the bottom would be covered with these
little green fellows. During the middle of the day, at the hottest time,
the majority of them would disappear. Then you could raise up the
overhanging grass that lines the edges of the pond and find little
round holes from an inch and a half to two inches in diameter. These
sometimes ran straight back into the banks, and at otlier times would
run parallel with the pond. In these little holes you would find the
frogs packed in like sardines in a box. They were all in a healthy
condition and from the increase in our output of this vear over that
of last, you can see wo had no great loss.

Don't understand me as being an advocate of frog culture without
water. What 1 wish to show is, that in case a leak should occur in a
frog pond and be unnoticed and the pond become practically drv, they
could get along for some little time without any water. Number
hatched and shipped, 83,000.

New Bass Pond.

Without boasting, I believe we have at this station as fine a con-
structed bass pond as there is in the United States. It is somewhat
irregular in shape and contains nearly two acres. It lies just below to
the south of the hatching house, and runs parallel with the shape of
the grounds. Its length from upper end to lower end is 1l>0 feet* its
greatest width at lower end is 235 feet. The east bank follows the c(m-
tour of the creek to the lower end, then straight across to the western
bank, then northward to the hatching house. The west bank of this
pond answers a double purpose as a bank, and as driveway to the new
dwelling house. The upper end of the pond is rounding in shape.
Owing to the great width of the pond a double set of overdows was
provided, each four feet wide and 12 feet long. The spawning area of
this pond is practically the whole of it. The bottom has a^'gradual
slope from about ten inches of water at the inflow to three feet ei«»ht
inches at the overflow. This is the only thing I am at all disappointed
m. I should have very much liked to have had at least five feet of
water at lower end, but with the present height of water that we are
able to carry we could not get it. T excavated as low as we could
possibly draw the pond whenever we wished to clean out, or for anv
other reason than the pond should be drawn down. The length of time
required to build this pcmd was three months and five davs.'^ The aver-
age number of men employed was five; that did not include the hatch-
ery force. Number of teams, two, one of which was our own Number
of cubic yards of earth removed, 9,139. Cost of building this pond
was $829.05.

No. 21.

DEPARTMENT OF FISHERIES.

137

All the banks were nearly finished for grading except the south,
which I find will need a little raising. 1 am not just prepared to say
what the capacity of this pond will be for spawning fish, but I think
we can safely carry at least one hundred and twenty-five females and
one hundred males. This i)ond should increase our output of bass
from one half to three-iiuarlers of a millicjn. With three or four more
ponds corresponding in size with this one just built, I shall feel we
have quite a bass hatchery.

New Dwelling House.

For the past two years it has been our aim to erect the second
dwelling house at this station. On your official visit here in June a
site was selected for this house. It is situated about seven hundred
feet south of the hatchery building <m the extreme western line of the
grounds and faces the east. It is a fine two-story frame building con-
taining five rooms. It has front and rear i)orch and has extra large
windows in all the lower rooms. The cellar is under the entire house
except the kitchen. The interior is finished in A No. 1 white wood
and painted white. The kitchen is provided with staticmary cupboard
and sink. The purpose of the house is to provide for one of the regu-
lar men to be on the j^rounds at all times within call of the Superin-
tendent. Taken as a whole it is a well-built house and finished
strictly according to the contract. Original cost of house as per con-
tract, $;775.00, but some slight changes being made in the kitchen
added f 1G.25 to the cost, making a total of $791.25.

Ice House.

In compliance with your orders we have erected an ice house 14
by 20 feet with 12-foot posts. This is located at the scmthoast corner
of the new bass pond. Owing to being called into field work this fall,
we were late in getting this building started, but we have it ready
at this time to receive ice whenever it comes. This is a very substan-
tial little building, being construded entirely of hardwood lumber.
The sills are eight inches square and the studding 10 inches ajuirt.
The roof is of amities roofing paper. This building will fill a much-
needed want, as ice is very necessary at certain times of the year.

Imj)rovements to the Grounds.

The most noticeable change toward the improvenient of the grounds
was the laying of a large sewer consisting of four 10-inch sewer pipes
a distance of 280 feet, and the filling u]> of an unsightly ditch. This
ditch virtually divided the grounds into two i)arts. It ran directly
across the grounds froui one side to the other. The eliuiination of this
has bc^'n my desire for some time, and the accomplishment of it has
given me a great deal of satisfaction, in addition to this there has
been laid a temi)orary sewer KMI feet in length, 1(1 inches in circum-
ference, running lengthwise with the frog ]»ond. This is to assist in
carrying oft" the water during the spring and fall. At the lower end
of the new bass pond there is a ditch running at right angles with the
pond a length of 2()0 feet, and extending through ami under the new
driveway. This ccmnects by a ditch with the last nauied sewer. The
overflow of the new bass pond also connect with this ditch, which at
some time in the future will be laid with tile and be entirely covered.

138

REPORT OF THE

Off. Doc.

As I mentioned before, the dirt from the new pond was used to still
further complete the grading of the upper end of the grounds. We
have taken for our grade the established line of the western bank of
the yellow perch pond, and are carrying this line stright through east-
ward to the bank of Conneaut Lake outlet. This is very nearly fin-
ished and with our team it will not require more than one week's work
next spring. When this is finished we will have raised the original
level of the ground three feet, with a good drainage provided across
ui)per end and east side. Our greatest amount of work in grading
came at the northwest corner of the grounds. In some places the fill
was five feet and took hundreds of loads of dirt. Of course, this will
settle some, but with very little work next spring will be finished and
ready for seeding.

Souie little time was spent hauling in dirt and grading the yard at
the new dwelling house. We also constructed a roadway from the
lower southwest corner of new pond to this house. This connects
with the west bank of pond, making a continuous driveway from
hatching h(juse Ut new house. The strip of ground lying between east
bank of new pond and Conneaut Lake outlet has*^ had all the low
places filled in, bringing it to the same height as the ground at the
head of the new pond. In souie places this required a three-foot fill.
The outlet in one or two places had cut into the bank considerably,
and these have been refilled, making tlie banks a little more uniform.
This had all been done with less expense this year on account of
digging the new pond.

Water Mains.

In connection with the new pond it was necessary to lay a separate
water main for its maintenance alone. In order to insure a good
clean How of water it comi)elled us to start from our intake sluice
from upper end of grt)unds, and from there a straight line to the head
of new pond. This gives us water direct from the outlet without its
passing through auy other pond. Live water was needed for the
reason of the great surface of this pond. Length of main 51G feet,
diameter eight inches. We had some trouble with our water connec-
tion to upper fry pond heretofore, for the reason that part of the dis-
tance It was simply an open ditch. To overcome this we laid a six-
inch wooden box from intake sluice to upper end of number one fry
pond, a distance cf 75 feet.

Number of Ponds and Their Use.

The number of ponds at this station are 10.

No. 1 is 75 by 225 feet, and is used for large mouth bass.

No. 2 is GO by 225 feet, and contains sunfish.

No. 3 is 85 by 225 feet, and is devoted to vellow perch.

No. 4 is 80 by 80 feet, and is for catfish. "

No. 5 is 420 by 2^5 feet, for small mouth bass.

No. 1 fry pond, IGO by 70, for rearing bass fry.

No. 2 fry pond, 30 by 80 feet, for sunfish frv.'

No. 3 fry ])ond, 30 by 80 feet, for catfish fry.

Nos. 1 and 2 frog ponds, both 30 bv 50 feet.

No. 21.

DEPARTMENT OF FISHERIES.

139

Field Work.

Acting under your orders I co operated with Mr. P. H. Hartman,
Superintendent of Erie Hatchery, in the white fish and Jumbo herring
work this fall. I left here the 11th of November for Erie. After a
conference with Mr. Hartman, it was thought best I take charge of
the work at Port Stanley, Ontario. Securing the spawntakers at Erie
we left on the evening of the same day for Conneaut Harbor. We
crossed Lake Erie on the Marquette and Bessemer Steamer No. 2, ar-
riving at Port Stanley on the morning of the 12th. After making ar-
rangements for board and lodging, I at once interviewed the captains
of the various tugs in regard to our taking eggs. I found them all in
hearty accord with the work, ready to give all the assistance possible.
We got there a trifle early as the females were all pretty hard, but
within a few days after two or three small storms, the temperature
took a sudden drop and the eggs began to come.

The heavy rush of eggs was very short, only lasting about five days,
dropping off as sudden as it began. I wish to especially thank Cap-
tain Berry, of the tug Hattie Berry, and Captain Brown, of the tug
Gordon Brown, for their kindness and assistance in every way toward
the Department and myself in the gathering of the eggs. Mr. Hart-
man, of Erie, should also be commended for the advance arrange-
ments for the transportation of the uien and eggs back and forth on
the car transfer, and for many other things that went toward making
the successful beginning and ending of the work. I gave ray personal
attention to the handling and shipping of the eggs frcmi Port Stanley
to Erie, and their condition while in the field looked to be first class
and should give a fine ])ercentage of fry. There is a nice little fleet of
tugs fishing out of this i)ort, and with a few more spawntakers an-
other season there is no reason why we should not get a large number
of eggs. This year the number of men available was only enough to
man two boats. The number of eggs gathered was pretty fair. Total
number taken, 23,937,000.

Recommendations.

As the development of the grounds continues from year to year, the
question of a different arrangement for our water supply for pond
culture becomes more a])parent. As things now stand we depend en-
tirelv on our dam for the distribution of the water to our different
ponds. We hold it at all times at the highest ])()int ])ossible, and the
depth of water in the ponds has never been satisfactory to me. I see
no other way to overcome this only by laying a suj)])ly })i])e from the
mouth of Conneaut Lake to the upi)er end of grounds. This, I judge,
would be a distance of about a mile. It is bv all moans the most
important thing needed now. The natural fall of the ground from the
mouth of the lake to the head of our grouuds is something like six or
seven feet and it would enable us to greatly increase the depth of
water in our ponds. The expense of buying and laying this pipe
would be considerable, but I am sure we would be greatly benefited

140

REPORT OF THE

Off. Doc.

thereby. Tlie future developuient of the ground demand that some
other dift'erenl arrangemont will have to be made sooner or later, and
I cannot recommend this too strongly to you for consideration.

In closing my report to you please Vind a tabulated statement of all
the fish shipi)ed and the counties receiving them. All of which is re-
spectfully submitted.

Very respectfully yours,

W. H. SAFFORD.

Small Mouth Bass.

Armstrong county, 10 000

Allegheny county, 1^500

Beaver county, 1 qOq

Butler county, 4000

Claricm county, * I'ooo

Crawford county (including Conneaut Lake), 10,000

Green county, g 5(30

Indiana county, 7800

Lawrence county, 2 000

Mercer county, g ooo

Somerset county, 1000

Venango county, \[ 9^600

Huntingdon county, 4 500

Total, 69,500

Wall-eyed Pike.

Armstrong county, 2,000,000

Crawford county (including Conneaut Lake), 17,200,000

Clearfield county, 100,000

Lawrence county, 400,000

Venango county 200,000-

Erie county (Lake Erie), 23,475,000

Total, 43,475,000

Sunfish.

Armstrong county, g^OOO

Allegheny county, 1^000

Beaver county, 2 000

Crawford county, 32^900

Erie C(mnty, 2 50o

Green county, , 3000

Clarion county 3000

Jefl'erson county, 3 500

Lawrence county, 2,000

Mercer county, ........'.'.'.. 18^000

Venango county, 2,000

Total, 76^900

No. 21. DEPARTMENT OP FISHERIES. 141

Pickerel.

Allegheny county, 500,000

Jieaver county, 250,000

Crawford county (including Conneaut Lake), 6,550,000

Clarion county, 50,000

p]rie county (including Lake Erie), 5,150,000

Green county, 100,000

Mercer county, 1,100,000

Venango county, 250,000

Total, 13,950,000

Yellow Perch.

Armstrong county, 375,000

Allegheny county, 750,000

Beaver county, 750,000

Erie county (including Lake Erie), 15,425,000

Crawford county (including Conneaut Lake), 12,100,000

Clarion county, 225,000

Indiana county, 225,000

Jetferson county, 300,000

Mercer county, 2,925,000

Venango county, 325,000

Total, 33,700,000

Catfish.

Allegheny county, 4,400

Armstrong county, 8,000

Beaver county, 2,400

Crawford county, 2,000

Green county 1,000

JelTerson county, 8,000

Mercer county, 5,700

Total, 31,500

Frogs.

Butler county, 2,000

Crawford county (including Cimneaut Lake), 16,000

Elk county 12,000

Green county 1,000

LaAvrence county, 1,000

^Fercer county 24,000

Venango county, 5,000

Warren county 22,000

Total, 83,000

142 REPORT OF THE Off. Doc.

Summary.

Wall-eyed pike, 43,475,000

Yellow perch, 33,700,000

Pickerel, 13,950,000

Bass 09,500

Sunfish, 76,900

Catfish, 31,500

Frogs, 83,000

Grand total, 91,385,900

!;)■'»

Lake Trout Pond, Spruce Creek Hatchery.

No. 21.

DEPARTMENT OF FISHERIES.

143

SPRUCE CREEK HATCHERY STATION NO. 8.

Report of Wm. F. Haas, Suporintendent.

Spruce Creek, Pa., Deceml)er IS, 1900.
Hon. W. E. Meehan, Commissioner of Fisheries, Harrisburg, Pa.

Sir: The following is my report of the work of the Spruce Creek
Hatchery from December 1, 1008, to November .'^►O, 1000, inclusive:

Durinjr the year T hatched and distributed 585,()2.5 fish, of which
510,.^»25 were brook trout, 10.000 small mouth bass, .50,000 sunfish,
G,.S00 catfish. The total is nearly 200,000 less than in 1008, but that
was because I received less trout ejjgs from outside sources. The
stock in the hatchery was at the time not old enough to yield manv
eggs.

The pond in which tlie small mouth bass are kept is not suitable
for their propagation and T hardly expected to raise any, but seven
occupied the nests and Lydell boxes and reared a few bass, an eighth
gouged a hole in the mud and raised a few fish.

No attention was given the sunfish because, first, the pond in which
they were is not a very good type, and, second, the species is not the
one which you desire to make a specialty of. Under the circum-
stances the output of .50,000 uiay be considered as large and a good
I)roof of the wonderful power the fish has of increasing its kind.

T hatched nearly twice as many catfish than I was able to dis-
tribute. Soon after the fish s])awned a great quantity of algae got
into the pond and so choked it that many thousand young catfish were
smothere<l and killed in removing them.

T had 850,000 trout eggs last winter, of which 250.000 were received
from the Weissport fish hatchery as a gift, the remainder were from
my own fish. The Weissport eggs contained a great many ringers
and there wei-e otherwise a considerable loss, so that the out]mt of
510,000 No. 1 fingerlings seems to be a pretty fair percentage. There
were 825 adults distributed.

The young trout, after the sac was absorbed did well until the 10th
of February, when they began to display uneasiness and commenced
to die. T tried every known remedy but could do little more than
check the progress of the trouble. T therefore began shipping as what
was needed was the rapid running water of the streams. My distri-
bution was all over before the first of April. T was troubled through-
out the winter by the greasy like algae fr(»m the spring, but not to
the same extent as the year before.

As sof)n as spring opened T began the construction of a trout
pond 400 foot long, 1.^5 foot wide at the lower end and tapering to
about 10 feet at the inlet, but with a full width of about 125 feet.
Tt was completed in August and has a donHi of four foot at the lower
end and about one foot at the upper end. This is not deep enough
and next summer I shall have to draw the water off and deepen the

to

144

REPORT OF THE

Off. Doc.

entire butloiii, excepting at tbe Icettle, to insure an ample supply of
water. 1 eoniiocled the pond and Spruce Creek Aviih a len-inch
pipe, but beyond lillin-j^- the reservoir I did not draw the water from
that source but from tlie spring, having made an intlow on the left
side to the inlet. This pond is designed for the lake trout and old
brook trout.

Before the completion of the large trout pond, T began the con-
structi(m of a number of smaller trout i)onds and by tlie first of I)e-
cen)ber had finished seven, averaging each OO feet long and '2'2 feet
wide and wilh a water depUi of from Ihree 1o three and a half feet.
In additicm 1 graveled the bottoms of Ihree other jionds of the sauie
size which I had nearly finished, so that now 1 have, not C(mnting
the large pcmd, 1!0 nursery and adult Irout p(»nds. These ])ouds on
the first of December contained about I.IOO four year olds and over,
besides lal^e frout and brown 1r(mt. Of Ihree year olds LMIOO, of
two vear olds ().<H)0 and 4."i,0()() yearlings, and in additi<m 2,(100 two
year' old bdce trout, 2,000 yearlings, 1,.")00 yearling brown front and
about 7,000 silver side snbiion nine months old.

The new ])(mdr> were built fhe same as those nlready (tn the grounds
wifh l>oard sides. It was necessary to do this <m account of the
small amount of nicmey available and the necessity of having as
many ]>onds as possible to accommodate the large stock of yearling
fish.'

Tn October it was decided necessary to draw olf fhe water of the
bass jjond and the adjoining fry ponds in order that they might be
cleaned out. The bass aud other fishes in fhem weie transferred tem-
porarily to the lake trout ]umd aud the water then drawn oil".

About this time fhe owner of a grist mill below the InUchery who
liad wafer rights over a raceway claimed that fhe hafchery was about
to use Avater from Si)ruce Cn^k to his injury sought to secure an
injunction and began a suit in equity fo fhat etfect. Y(m jdaced the
matter in the baii'ls of the Attorney General, who assigned a lawyer,
and fhe case came u]» in the IIuntingd(m Cimnty Court, but neither
the jurisdictiim of the court nor the case has yet been settled, as
far as T know of.

T constructed a new ice house on the ])iece of ground below the lake

trout ixmd. Thi^ building is 14 feet wide, 22 feet long and 12 feet

high and is amjile for all tbe needs of the hatchery. In October we

started the cimstrucfion of a dam near the cmtlet of flie s]>ring run

jyrimarily to furnish water power fo operate fhe meat grinding

machine,' with also fhe further object of using il^ for fish and to sup]dy

the extreme lower end of fhe grounds with water for tnrnt ponds.

When completed it Avill be elbow shaped about .""..-O or 400 feet long,

100 \'oot at the widest ])art and five and a half feet dee]> at fhe In-east.

It will not be possible to complete this ]>(md or reservoir until next

summer, but when finished will hold an incredible number of fish,

more than all the place put together, excepting the lake trout pond.

During fhe very low water in Spruce creek I discovered (me day

two springs on the left bank at fhe u])]>er end of fhe hatchery grounds

which a]>prient1y flowed each about a two inch pipe of water. The

direction of the flow was evidently southwest. T fluM-efore started a

trench on fhe inside of the dyke, but when egg faking time arrived

T h;id not com]d(ted it nor found fhe source of the spring. 1 believe,

No. 21.

DEPARTIMENT OF FISHERIES.

145

however, that the most of it comes from a spring close upon the line
of Mr. lsett*s property, in which case we will be able to gather and
utilize it and it will probably furnish a good supjily for the lake
trout pond.

Later we found wherever we dug holes northeast of the dyke that
water was found leeching therein at a depth of two feet in quantities
ranging from one to three quarts per minute. This led me to dig
a short trench abmg the line of the driveway on the higher grounds,
and before ])roceeding very far T found a good spring discharging
more than a two-inch pii)e of water, which has held ii]) ever since.
I believe that l»y continuing the trench we will find a much larger
sui>i>ly, i)erhn])s enough to oi)erate another hatching house as well as
furnish an abundant supi)ly of water for the lake trout ])ond without
utilizing either the creek or the other spring water. My belief in the
existence of this new si)ring is based not only on what I have already
found, but on fhe fact that nearly a quarter of an acre of ground
between the liighland and the dyke is nothing but a swam]> and wet
throughout the jiast summer and wherever we dig at a depth of about
two feet we come up<m water in small quantifies which never fails.

Last year a driveway Avas designed from the ui-i)er end of the
grounds, crossing over to fhe east liillside and downward among the
ponds and at the lower end of the lake trout pond, crossing towards
Spruce creek and down to fhe lower end of fhe propertv. At in-
tervals T graded and macadamized about 200 feet of this driveway,
making over .500 feet now either graded or ])aved. T also graded
the grounds around the older ])onds and sodded them and i)]anted wil-
lows along th.e top of the dyke.

Tlie trout this fall ripened later than usual and indeed we had
scarcely taken any eggs when T was oidered to the Weissport com-
mercial hatchery to take sur])lus eggs guaranteed by tlie owner,
Mr. Wolters, for the use of fhe hatchery. T secured at Weissport
1,.S00,000 eggs, and from my own fish took 1.. 500,000. I also received
.500.000 from the Paradise TJrook Trout Coiupany, where Mv. Nathan
Ruller, Superintendent of the Wayne hatchery, had been sent to
take the surplus eggs. This makes altogether a total of :>,r>,00,000 eggs
more than we ever had in the hatchery before.

At the time of writing this re])ort all the eggs are doing well ex-
cepting those received from INfonroe county. These egirs contain
many lingers and, probably thiouiih having been retained too long
before shipping, many dead eggs.

The great drought effected the spring, reducing the snpplv about
500 gallons a minute, but as the regular supply is about 2,000, the
loss was not felt. T am also glad to sav tliat there is even less of the
greasy substance in the water than last year.

Tn November a contract was awarded to James T^aird for the
construction of an additi(m to the dwellinji house. On the thirtieth
of November it was not completed. T also dug a well to suj)ply
water for the assistant's house. A good suppiv was found at 14
feet.

10—21—1909

146 REPORT OF THE Off. Doc.

The following is the output of fish in detail:

Brook Trout.

Blair county, 22,500

Bedford county, -^'^

Cambria county, ^^'^^^

Franklin county ':JJ^'"^^^

Fulton county, j a'^aa

Iluntinirdon county |J^'2 J!

Indiana county, 7^^

Juniata county, KKrcici

Mifflin county, oa nnn

Perry county, 26,000

York county, i^y),y)y)y)

Total, 510,000

Adult Brook Trout.

Cambria county ^'''

Huntingdon county, f J^''

York county, ^

Total '^25

Small Mouth Black Bass.

Blair county '^'[J]|^

Cambria county, 1^^''^""

Huntingdon county, ^'"""

Total 1^-^Q^

Sunfish.

Allegheny county, 1|]'[]|]J]

Lancaster county, ^y),mjyj

Total, 5Q-QQQ

Catfish.

Cambria county ^'2[|JJ

Huntingdon county, ''^^

Total '•■•'^»»

. Summary.

Brook trout, ^{''"^-'^

Small mouth black bass, t'^'r^Z

C r- u 50,000

Sunfish p oAA

Catfish, ^^-^^^

Total, 5^5-^>25

The above is respectfully submitted.

WM. F. HAAS,

Superintendent.

No. 21.

DEPARTMENT OF FISHERIES.

147

OPEKATIONS OF THE COMMODOKE PEKKY.

Report of Captain J. R. Driscoll.

Honorable W. E. Meehan, Commissioner of Fisheries,
Harrisburg, Penna.

Dear Sir: I lake pleasure in submitting to you my first annual
report as Master of the Patrol Steamer "Commodore Perry."

Myself and crew completed laying up December 31, 1908. We
laid up in the manner termed in marine circles as laving up and
fitting out, having the boat in such shape that on receiving notice
on the 12th of March, lUOU, to fit out at once, we had steam up and
ready for navigation in the short time of eight hours.

From March lUth on continuously tor 31 days we were busy plant-
ing fish, making from two to thrcHi trips daily and from two to three
drayloads each trip. Acting under instructions from Superintendent
of Erie Hatchery we went quite well into the lake. We planted the
fish miles apart, scattering them over a large area. 1 am sorry to
say that for lack of funds for running and maintenance I received
orders to lay up the vessel again on April 23. \Ve lay idle from
April 23rd to eJune 1st, at which time the appropriation for the
next two years became available.

June Gth we planted the last load of blue pike from the Erie
Hatchery. At various times throughout the summer shipments of
black bass and frogs were taken aboard; bass were planted ahmg
the north shore of Presque Isle Jiay, and frog.s were carried to the
interior ponds in the Peninsula.

June 20th we began running to the pound nets collecting black bass
and yellow perch, also all undersized sturgeon. On return of each
trip all fish were promptly turned over to the Superintendent of
Hatchery.

November 3rd I cleared for Port Dover, taking with us spawn
takers and all implements used for the purpose of taking si)awn. We
were busy for 30 days transporting eggs back and forth from the
pound net fishermen east of Port Dover and fetching to Erie over
40,000,000 of white fish in the very best of shape.

All water within the jurisdictbm of Pennsylvania were steadily
patrolled, and careful watch maintained at all times. We are
pleased to say that in the year just passed there were no violaticms
of any kind detected, and it is my candid opinion that there were
no violaticms even attempted.

On several occasions while patroling or returning through the lake
on other business I found lost nets. All that were found were ruined
as far as fishing was concerned, there being nothing left of them ex-
cei)t the side lines. In some cases a few leads or sinkers were still
attached, but in most cases it was the lines or corks. If they were
branded we always restored them to the owners.

148

REPORT OF THE

Off. Doc.

At all times we caiel'ully inspected the pound and trap nets along
the shores to see if they had the required sized nets and to see that
no trap nets were set within 17 miles of the harbor entrance.

On April 7th the lisliing tug "George A. Floss," \>'illiam E. Barry,
captain and owner, with all his crew were lost six miles off of Cleve-
land, Ohio. Captain Harry, Captain John Daley and Mr. Frank
Weschler were all Erie men.

On April 17th the Honorable John Ilamberger telegraphed the
Commissioner of Fisheries, asking permission lor the use of the
'^Commodore Terry'' to clear for Cleveland, Ohio, to assist in the
search for the bod'ies of the ill-fated crew of the "tleorge A. Floss."
Permission was readily granted by (he Commissioner of Fisheries.
We cleared for (Cleveland on the night of Ajiril IStli. l\. P. Daley,
brother of Captain John Diiley, who was a member of the ill-fated
crew, accompanied us and assisted in the search.

We arrived in the vicinity of the wreck on April 11) I h. ^Ve
searched the lake for miles for three continuous days, but all in
vain. 1 came to the conclusion that we were a little too early,
being under the impression that the temperature of the water was
too low to prevent the bodies coming to the surface, ^^'e returned
to Erie on April 22nd. On the I'Uth of May we again cleared for
Cleveland to resume the search after gel ting word that a i)assing
steamer had siglite<l tlie body of a man lloating near the vicinity of
the wreckage of ihe "Ceorge A. Floss.-'

On the morning of May olst we found tlie Ifody of Cai)tain John
Daley. We took'' the body aboard and headed lor Clevciand where
it was turned over to the authorities. There was still one body
missing, so we took up our search for another day and a half. We
were not successful in locating it, but heard it had been jiicked up on

the beach. , x xi

After our dav's work on the 2:{rd of April, while seated at the
supper table, word came to my house that the gasoline tug "Frank
Weigand'"was in distress and drilling helidcssly with four men alioard
at the mercy of ihe sea near the tisliing grounds. ImnKMliately u]>on
receiving the news 1 got my <iew logcMher as cpiickly as jjossible and
went otU in seanh of them. Not knowing what course she was on
it seenu'd a hopeless task at tirst jis darkness had already settled over
the water. After running into the lake al)out S miles on the nor'
nor' west course we found we had fortunately taken the right course
for we c(mld faintly discern the hull o!* a Itoal in the distance, which
upim closer approach proved to be the missing boat. We innnediately
made a line last to her and towed her into harl)or. We found on
reaching shove that her engine was disabled.

On the al'lernoon of the same day and durin?^' a heavy wind storm
the «'asoline \\\i\ "William Schau" was <lisa'»l(\l and at Ihe mercy of
the sea. We went to her assistance and passed a line and lowed her

into the harbor.

On the night of August lolh a severe stoini came up and word
came to me at 9 P. M. that two fisluninen, Frank Phinney and John
Lamb, were still on the lake, not having retuined from the fishing
grounds. IJeing in an oi)en boat much fear was felt for their safety.
We went out to where they were su])posed to have their nets and
searched for miles around, but no trace of them could be found.

No. 21.

DEPARTMENT OF FISHERIES.

149

We came home satislled in our minds that if they had not reached
the Canadian shore they were lost. The next day word was received
at their homes that they had safely reached the Canadian shore,
nmch to the surprise of everyone at the water front.

On October 12lh the gasoline boat M. N. & N. N. became disabled
just outside of the breakwaters and drifted ashore. A\'e went to
her assistance, passed a line with the aid of the C. IS. Life Saving
crew from the tug to the Perry. We began to pull on her and moved
her probably live to ten feet, but the seas were so heavy and she
was so fast that the tow line parted and the boat lilled with water,
and it was useless to make further attempts to pull her oil" at that
time. She gradually drifted so near the beach that a week or so
after they hauled her out and dismantled her.

On the night of December 7th the Carferry "The Dessemer and
Marquette No. 2'' plying between Conneaut, Ohio, and Port Stanley,
Ont., sank somevrhere west of Erie. The exact location of the wreck
is at present unknown.

On Friday evening, December lOtli, word came to Erie that the
ferry was not lying under the lee of Long Point as was at first
supposed. Innnediately on the morning of the 11th I started out in
search of her or any wreckage to convince ourselves of her safety
or loss. xVfter luuniug about 18 miles into the lake on the north
course we run into several pieces of wreckage which we imme-
diately recognized as coming from the carferry. Wa made further
seareh in hopes of finding some of the bodies or her lifeboats. We
searched until dark but nothing more was seen that day.

As Mr. Albert AVeiss, Treasurer of the Keysl(me Fish Company
of Erie, l*a., was aboard the boat at the time, they requested that
some of the boats go out in search of the ferry or her crew. 1
immediately cimseuted to go and started out on Suiidav morning,
December 12th, taking the north by east course. After running 15
miles into the lake 1 passed some more wreckage. We be"-an to
trace this Avreckage up, and after running about 20 minutes we
sighted a dark object in the distance. U]M)n near api)roa(h we
found it to be a lileboai, and upon drawing ai(mgsi<le of it we saw
that it contained the forms of men. On closer examination we found
they were all dead, and began counting the bodies and found at
the time that theie were eight bodies in the boat. As the boat was
filled with water and a high sea running at the time, this was no
small task to make a line fast in <!rder to low her ashore. After
getting the line fast to the boat and getting under way we were am-
stantly in fear that we would roll the boat over anil lose some of
the bodies. We run un<ler cheek, and by careful nianoeuvering we
landed the boat safely alongside Hie i)ublic dock, and innnediately
notified th(» coroner of our find.

On our way lo the harbor we spoke to Captain (Jilbert of the
''J. H. Driscoll," and asked them to steam alu^ad with the news.
On reaching (he dock we found that the news had rapidlv spread
throughout the (ily and lo Conneaut, the home ].orl of the ill-fated
ferry, of the finding of the Itodies. Thousands of people were
at the dock, eager to look ujmn the gruesome find.

rjKUi ihe arrival of tlie Conmer and upon taking the bodies out
it was found tl:al the boat contained nine dead nien instead of
eight as we had i>reviously counted. But the body of Albert Weiss
was not among them.

150

REPORT OF THE

Off. Doc.

After the removal of the bodies from the life boat we bailed it
out and hoisted it upon the dock. Souvenir fiends at once became
busy cutting olf lines, corks and other small things they could
find.

Inmiediately following December 12th the weather became more
severe and further search was made almost impossible. We tried for
several days thereafter to make further search but each time were
forced to return either owing to the high seas running at the time
or to the driving snow storms which retarded our progress.

We were in hopes that toward the end of I)ecember that we
might be able to make another search but real winter weather set
in and covered Ihe harbor with ice, making it impossible for us to
get out again. We had also intended to assist the fishermen in re-
covering some of their nets they had lost in the storms of December.
We may sav that there were more nets tost off of Erie in the jrales
of December than had been lost in the i)revious 20 vears. As vou

* •. t/

stated in your letter under date of December 15th we were to assist
in the removal of these nets. I am sorry to say that we were unable
to do anything, all owing to the bad weather as heietofore men-
tioned.

On the 2Gth of December we had about given up all hojies of
getting into the lake again for this season, so began laying up and
completed l»y December 31st.

As th<^ Dejiartmeut of Fisheries have let the contract for the
building of a dock for the use of the "('ouimodore Perry," and the
water at i)resenf aiul eacli year becoming at a low ebl), 1 would
earnestly reciuest that the canal basin in wliicli this dock is
located be dredged. As the bottom is comjtosed of rock this will
have to be dime by blasting and then cleared off. The appropria-
tion will have to be a little larger for this jmrpose than if the
bottoui were composed of sjind or auy other substance.

I would further recomuuMid that at some future time a steam
net puller be i)i\)vided for the tug to be used in lifting twine.

Hoping this rejmrt will meet with your a]»proval, and thanking
you for your kind and able assistance througliout the past summer,
I remain.

Yours respectfully,

Captain JEIJKY A. DRISCOLL.

No. 21.

DEPARTMENT OF FISHERIES.

151

REPORT OF CHIEF WARDEN.

Harrisburg, Pa., December 1, 1909.
To the Board of Fishery Commission :

Gentlemen: 1 have the honor to herewith present my annual re-
port as Chief Warden, the report covering a period of one year,
beginning December 1, 1908, to December 1, 1909.

During this period of time there were 387 arrests made for viola-
tion of the fish laws, of which 3oG were convicted and 17 went to
jail in lieu of payment of fines. Thirty-seven of the above con-
victed appealed or certioraried to the County Courts, where the
cases are still pending. Of the ;>87 arrests made during the year, 281
were made by the regular wardens. The total amount of fines im-
posed by magistrates for this period of time was |0,702.4G, of which
amount |4,5(>l.4(> was paid to the several umgistrates. The balance
of .^2,141.00 constitute appealed cases and cases in which the de-
fendants were elected to serve out the fines in jail. The following
tables will show the legal work of tlie Department in detail:

TABLE NO. 1.

Statement of Legal Proceedings.

The following is a tabulated statement of the legal proceedings
taken during the year, from December 1, 1908, to December 1,
1909:

Total nuud)er of arrests 357

Total number of convictions, 3.*^6

Total number of acquittals, 50

Total number dismissed with costs, 1

Total number conunitted to jail 17

Total number of fines imposed, $0,702 4G

Total number of fines i)aid, |!4,r)01 46

Total numlMT of apj)ealed cases, 37

152 REPORT OF THE Off. Doc.

TAULE NO. 2.
Work of Each Warden and Officer.

The following tables exhibit the work of each regular warden in
detail :

Eegular Wardens.

Name.

•

•o

«

,

w

og

O

a

en

P.

o

C3

a

•

•«-»

4->

•^^

a

•^

DO

K^

a

TO

tl

a

cr

a

h

o

u

<

O

<

f^

s

'5
a

TO

a

C3

J. W. Criswell, 25 \

C. X. Nesley -— 37

E. H. Stephan, 29

W. E, Shoemaker, 28

C. R. Holland, -- 33

J. E. Conkliii 13

J. P. Albert,
M. F. Albert, ..
G. D. Shannon, .

J. D. Sker,

F. B. Wliiteman,
Raymond Marcy,
W. 11. Stetlner,
M. P. Maitland,

S

12

13

3G

37

4

2

4

Totals, - I 281

Special Wardens.

Name.

m

a

TO

o

1-^
03

CO

■4-»

03

>

a

1^

C

C"

b

o

w

■^

o

^

•c

ai

TO

c
p.

E

TO

a

•

-D

03

O.

TO

c

C;

^

p^

Hj

W. S. Losl),

J. L. Sherwood,

Jos. Hoover -..

J. H. McCauley, ...

Hiram Brown,

H. K. Boda,

Wni. J. Aekcr

David S. Hess,

George Spangler, ...

Wni. Shugart,

Israel Davis,

Jas. Y.. Holland, ...

P. S. Skelly,

John J. Carter

Guiles L. Tompkins,

George Butler,

J. B. Smith,

Robert Wilson

S. A. Moyer,

8

G
1

27
G
3
'i
1
1
1
3
4
1
1
1
3
2

0
1

26

G

3
o

$;}!) 3G

2.') 00

407 :iO

100 oO

GO 00

45 00

$;» 3G

541 50

100 00

GO 00

45 00

Total,

20 00
100 00

20 00

7C

64

11

100 00

ib 00

25 00

20 00

20 00

20 00

20 00

75 00

75 00

50 00

50 00

40 00

40 00

80 00

80 00

$1,29G 80

$1,025 86

o
P.

23 I 2 1 .$G20 00 $345 00 8

36 ! 1 5G0 00 3:.0 00 2 4

28 1 490 00 315 00 6

22 G 340 00 240 00

32 i 1 470 OO 3S0 00 1 4

12 I 1 335 00 235 00 2

6 2 240 00 240 00

12 390 00 , 130 00 4

5 I 8 05 00 I G5 00 -

.33 ! 3 435 00 1G5 00 1 9

31 i 6 535 00 390 00 1 3

2 i 2 25 00 1

2 40 00 , 40 00

3 1 95 00 ]... 1

247 34 $4,G40 00 $2,895 00 11 36

es

<

6

No. 21.

DEPARTMENT OF FISHERIES.
State Police and Constables.

153

•

■o

w

,

TO

TO

o

C

QQ

c

o

OS

E

TO

z

>

c

3

TO

c

(.

o

V

«r;

o

<

E

s

'3
p.

TO

a

Forestry wardens.

Constables,

State police _

2 i

IS ;
15 ■

2
13
10

..J $15 00

GOO 00

6 I 150 00

$490 00
150 00

Totals,

30

25

5 $7C5 00 $640 00

TABLE NO. 4.

Dillerent Charges.

Dynamiting fish,

Catching short 'rout,

Catcliing short bass,

Catching game lish out of season.

Seining game lisli,

Fishing 1 yke nets in trout streams

Gigging or spearing in trout streams

Gigging or spearing bass,

Selling trout,

Dipnets

Fyke nets,

Stir nets,

Gill nets,

Seine nets

Fishing with the hands

Fishing with lavout lines out of season, . . .

Sliooting lish,

Snaring tish,

Sunday fishing

Fishing l»y drawing oil" waters,

Obstructing the migrati<m of fish,

Illegal tish baskets,

Illegal devices not specified

Polluting waters

Interfering with an otTicer,

Di]>nets in trout streams,

Kefusing to assist warden

T'ndeisized jdckerel

Fish baskets in trout streams,

Fishing baskets i,i\ Sunday,

Fishing baskets without license

Outline in trout stream,

Nets at dams

Gigging out of season,

Outline with live bait,

22
5

17

14
3
4

12
6
2
6
4
1
1

22
2
8
1

10

30

19

1

118

24
3
1
5
1

10
1
1
2
1
1
1
1

154

REPORT OF THE

Off. Doc.

During this period of time there were 15 regular wardens on
the force, one of this number only doing duty as a warden a portion
of the time owing to having been detached for field duty in the work
of gathering spawn on the Delaware river and the lakes of north-
eastern Penusyl\ania and Lake Erie about six months of the year.

It will no doubt be observed that the arrests during this period
of time is somewhat less than the previous year, which may probably
be accounted fov for several causes, among them that in several sec-
tions of the state there oppedred to be a considerable decrease in vio-
lations, and owing to the fact that on the hrst day of May, 1901),
the new hsh code, being a coditication of former laws with a variety
of changes, went into elfect.

For the tirst few months following the enactment of the new law
we had considerable ditliculiy supplying demands for copies of the
fish laws. The people therefore were not familiar with the require-
ments of the iniw code and it was diH'med proper to withhold arrests
except in the graver cases but simply contis(at<» the devices and
instruct tlic opeiaior in the requirements of the new law. During
this period of time many illegal nets, which had been legal under the
former laws, were conliscated and destroyed.

Simultaneously with ihe passage of the new act, all special war-
den's cominissious JKHame void and such wardens could only be re-
ai>i)oiuted under moie restricted conditions which practically kept
the amount of sjtecial wardens far below (he number engaged for
the i)revi<»us year. The new act <loes not permit the sj.ecial wardens
to retain half ihe tines collected as his <-omi)ensa!ion, therefore the
special warden has been less active during the iiresent period of
time than in previous years.

It will be observed that the Act of May 1, 10(1!), provides for the
api)ointment of :'.(! regular tish wardens, but owing (o a lack of sulU-
cient appropriaiion lor the payment of this amount, by careful
calculating, it was ascer(aine<l that (he atnouiK available^ for pay-
ment of wardens would not j)ermi( ilie appoinlment of more than
10 at the salary tixed by (he Act of Assembly. The ►Ktate, however,
has been apportiouc 1 in(o :J0 dis(ricts in conformity with ihis Act
of Assembly, 20 districts still remaining vacant until such apj)oint-
ments can be made. The regular wardens stationed in adjoining
districts have patroled the several vacant <lis{ric(s as frequently
as was possible (o do after keeping down the vicda lions in their iiu-
mediate districts, thereby alVording the vacant disirict partial pro-
tection, bu( the amouni of streams to cover was found to Ix^ ccm-
siderably more than should be alloted to any one warden to realize
the best results and protection.

1 am glad to report that the conduct of (he regular wardens during
the stated year lias been good with few exceptions. During this
period of time it became necessary to discharge one regubir warden
and suspend another, which sus|»cnsion is still j>ending. The dis-
charged wnrden was that of (Jeorge D. Shannon, who was discharged
on or about the first day of June, J!)0(), for druidcenness and dis-
ordeily conduct at Huntingdon. Pa., at whi<h time he was arrested,
committed and fined for which his discharge imme<lialely followed.

The siisi>ended warih'n is M. F. Albert, who was arrested and tried
before the Ccnirl^ of Quarter Sessions of Allegheny County on the
19th of October, 1909, on two charges of extortion, the prosecutors

No. 21.

DEPARTMENT OF FISHERIES.

15:

alleging that ^V^arden Albert had extorted monevs from them in
Butler county and that later had attempted to extort additional sums
from the same fishermen in the city of Allegheny, whereu])on he was
convicted by the sai<l Court of Quarter Sessicms and sentenced to
labor in the Allegheny CVmnty workhouse for a period of (iO days.
On this conviction :\I. F. Albert was suspended from anv further
duty as a fish warden, which susj)ension is still pending.

At p-resent Ihe regular warden force consists of nine wardens, re-
ceiving a salary or compensation for their services. TUvve of the
listed regular wardens— Raymond Marcy, W. T. Slellner and Charles
F. Gehman, have volunteered their services without com])ensation
until such time as there is a vacancy or available funds can be had.

THE NKW FISFI CODE.

The Act of General Assembly, ai>proved the first day (»f May, A.
D. 1909, which has become generally known as the new fish code, a
codificatitm of all former fish laws, went into effect on the fiist day
of Afay, 1909, at which time all former laws relating to fish anil
fishing, governing the interior waters of Pennsylvania, were re-
l)ealed. The new code has in many ways been i)roven an imjn-ove-
ment over former laws, yet there are still a few remaining jn-ovisions
that are proving dissatisfactory to the extieme.

Section - of the new code seems to be (»ne of the worst at fault in
that it is too indelinile in its classification (tf devices peiinissable
Un- the taking of dltferent spcM-ies of fish. The wois( feature of this
section no doubt, is (hat relative to the taking of foo<l fish by the use
of a seine net. While the section specifically designates ihe seine luM
as (Uie of the devices permissable for the taking of food jish, neither
this secticm nor any (»f the following sectlotis plainly d(s»iibes to
what extent the seine net may be used other than for ihe taking of
shad, herring and alewife during a spec! tied legal season.

Section ."> of the same act fuither piovides (ha( o(her food fish
except shad, herring and alewife may be kei)t if caught in such seine
net while lawfully fishing for slnul, herring and alewife. >Vhile
there can be no question as to the intent and meaning of the law in
regard to the use of such seine nets, the undefined enumerati(m of
the seine net in Section 2 has a tendency to mislead many fishermen
into the belief that the seine net may be used generally and at all
times of the year for the taking of food fish, and this belief has raised
considerable contention throughout the suiiniiei- months by a general
pouring in of ap] lications for licenses to fish with seine nets for the
conimotier food fishes in the int(^r waters of the State.

1 auj glad io rej)ort also that with the repeal of the act of A])ril
2(». 190.*). ]»einiitting a general use of seine nets after having given
Jjonds. etc.. (me of the greatest and most destructive evils to fish
life has been prohibited. Unrestricted o])eration of the seine net for
the ca]»ture of Ihe commoner food fishes during the period of time
from 190.*) to 190!) has done much in the way of reducing fish life,
and more particularly the quantities of game fish in many streams

156

REPORT OF THE

Off. Doc.

or waters of the State than perhaps any other one of the commoner
devices. It is expected that the coniiniug the use of the seine net to
the taking of shad, herring and alewife only will do much towards
restoring the normal supply of lish in the waters of this State by
the way of natural propagation.

The several sections of the new code pertaining to the seasons at
which the several species of game ilsh may be taken, also the size and
number of fish that may be legally taken in any one day, seems to be
meeting with general a]fi)roval throughout the Stale. The new
section pertaining to the use of what are counnonly known as lay-out
lines or set lines, prohibiting the use of such devices during the
spring months, has also met with general a})i)roval in that during
the prohibited period of liuu' game tish eagerly bite at the device
commonly knowji as the layout line, oi)ens on tlie first of June at a
l)eriod of time when game fish bite less frequently, the damage done
bv this device greatlv diminished.

Section 4, permitting the use of fyke nets in nuud)ers unlimited
and increasing tlie season Tor such <levices from six to eleven nnrnths,
is meeting with some <lisapproval in that some of the food fishes in
some of the waters of the State are bordering extinction from the fact
that large numbers of these nets have been used.

The two greatest evils complained of legalized by the former fish
laws of this Commonwealth, 1 regret to say,still reuuiin in the new fish
code, namely, ]>ermitting the use of a gig or spear in the waters
of this Comiuonwcalth, also the use of fish baskets. From reports
gath(»red in the several sections of the State where taking fish by the
use of the gig w;is most comnu)n, it appears that the season has been
one of extreme destruction to fish life. \\'hile the gig ordinaiily is a
device that will take fish in large numbers, if in the hands of a
skilfull oj>erator, the conditicms of the wat<*r throughout all the
period of the year in which gigging was legal, from its extreme low-
ness, enabled the o])erator to take the lasl fish from ])racti(ally any
stream of water of ordinary de]>ths. Many streams had become so
low that there was onlv a suuill (luantitv of water (lowing over
the rifiles from pool to ])ool, which comi>elled the fish to harbor in
the little pools along the stream. Even the ]>ools were so shallow
that the fish had no means of esca])e and were readily picked up
by any i)erson f(dlowing the stream with a sj)ear.

Keports also substantiated the fact that gigging was generally
participated in in all streams not iubn^'itr^l by trout and occasi(mally
even trout streauis did not totally escape the fisheruu»n operating
gigs. Re])oi'ts of dead game fish cut or marked by a gig evidently in
the hands of some fishermen was common. licports show that many
large dead game fish cut or luangled by a gig have been found lying
abmg the shores or lb)ating on the waters of many of the larger
streams in the State, both in the eastern and western streams. It is
not definitely known whether these fish have l)een mistakenly struck
with a gig and after the o])erator had discov^ered that the fish was of
the species forbidden to be taken in that manner, that the fish was
again returned to the stream or thrown on the bank, or whether the
fish succeeded in freeing itself from the gig and esca])ed after which
it died from its wounds. It is to be hoped that at the next session
of the Legislature some law will ])e passed that will totally forbid the
use of this device.

No. 21.

DEPARTMENT OF FISHERIES.

157

Section 8 of the new fish code, which was believed to be a more
satisfactory but restricted law providing for the operation of fish
l>askets, has been proven to be little more desirable than the former
laws in that with the additional restrictions placed upon the device,
investigations show that the device has been used just as carelessly
and with probably as destructive results as in former years.

The new tish code in its several more important provisions pro-
vides, first, that the basket shall not be placed or operated in a
stream known as a trout stream and that the wingwalls shall not
extend from main shore to main shore or occupy more than three-
fourths of the width of the stream, or that the bottom of the basket
shall be movable for the entire width of each and every fall or at least
so much thereof as not to permit more than seven slats to be per-
manently nailed.

These several jirovisions were exi)ected to remedy the main com-
idaint of j)rovisions, such as catching trout or obstructing small
streams that would make it impossible for fish to ascend or descend
the stream. Also to i)revent the closing of tlie entire stream to both
navigation and ihe migration of fish. The new i)rovision requiring
that the entire width of the bottoms must be removed from eight
o'clock in the morning until four o'clock in the afternocm was ex-
pected to reduce the amount of small fish annually destroved bv
falling upcm the sbits of the bottom of the basket or remain there
find die, but the ins])ection of baskets throughout the season ended
has conclusively shown that the operators of those baskets had little
if any desire to comply with these provisions of the new law.

One hundred and eighteen arrests were made for the operation of
illegal fish b;iskt ts. Possibly as nuiny more could have been made
on a closer enforceuient of this law, but only the most aggravated
cases were prosecuted. Among the aggravated conditions concerning
the construction and opeiation of these baskets were the determined
efforts made l)y many irres])onsible basket fishermen to place and
operate fish baskets in streams known to contain trout. Many of
them succeeded in having the County Treasurer issue licenses for
S(mie ])oint in a trout stream under the o])erator's statement that no
tn)ut were kncnvn to inhabit that ])articular porti(m or spot in the
stream and by this means made every attempt to force the device
into trout streams against the ])rovisions of the law, raising for
defense that they had already i)rocured a license to operate a basket
at that location.

Further, even though Ihe law restricted the closing of the entire
strenm. fishermen would build the walls running almost to the
edge of the water line and then pretend to evade the law under an
interpretation that the furtherest ])oint reached by the water at
flood time was the boundaries of the shore.

That provision requiiing that the bottom for the entire width
of the basket sliould l)e removable and removed from eight o'clock
in the morning until four o'clock in the afternoon was equally dis-
regarded with the other provisions of the new law. Many baskets
were f(mnd to contain the entire bottom solidly nailed hist with
dead fish in the basket. Other baskets had only a few slats removable
and removed. The majority of them contained at least half of the
slats immovable and the destruction of fish life by this excessive

158

REPORT OF THE

Off. Doc.

number of slats seems to be greater this year than probably any
previous year owing to the fact that the waters have been very low
and the volume of water i)oiiring into a basket decreases the chances
for the fish to esca])e through smaller openings in baskets. As the
water flows through the basket about as fast at is comes into the
rack or basket, the fish have no means whereby to swim about in a
basket in search for an open place and consequently remain on the
slats jum]»ing about until they die, both from the effects of bruises
and lack of water to sustain life.

Many baskets, particularly in the lower Susquehanna river, were
found to contain large quantities of small dead shad lying on the
slats. This increased destruction of little shad was undoubtedly
due to a lack of sufficient water pouring on the slats to permit them
to ])ass through readily with the current.

Upon being arrested, the defendant most invariably would in de-
fense claim that he had followed the law^ closely enough and that any
fish that wanted to, he thought, would be able to get out of his basket
and that he was unable to com])ly with the law in its several provi-
sions. The offense most invariably consisted of a violation of at
least two or more provisions of the sections, thereby the wardens
were amply prepared to ])rove good and strong cases against the de-
fendants, who were convicted and compelled to i)ay the fine affixed
by the Act of Assembly.

' It has been observed that the great majority of these people were
people in very moderate circumstances and that considerable diffi-
culty was exj>ressed in making up the several fines. To my personal
knowledge 1 know of a number of families who were in destitute
circumstances that were com])elled to ])art with their scnnt savings
for the winter in order to pay their fines. Experience enables me to
say that it is useless to attempt to regulate the operation of fish
baskets by restricted laws, for the operators of the baskets in the
majority of cases will totally disregard them. It is therefore far
better and I so earnestly advise that every effort be made to repeal the
fish basket section in the session of the next Legislature and enact
such laws as will prohibit the use of fish baskets entirely in any
waters under the jurisdiction of Pennsylvania.

THE POLLUTION OF STREAMS.

Section 10 of the new fish code, >vhich specifically forbids the
pollution of streams by refuse known to be deleterious to fish life,
has added a broad field of additional duties to the work of the De-
partment of Fisheries. The demands for a law of this kind seems to
have been general, and this section seems to meet with approval
everywhere. P:ven the industries, though inconvenienced, tempor-
arily at least, seem to approve of a law prohibiting pollution. In fact
many streams of the State had become so badly polluted that many
industries were compelled to filter the water before using it in their
plants.

158

REPORT OF THE

Off. Doc.

nnmber of slais seems lo ho fjroaior lliis year iluni probably any
previous year owiiij-- to ibc fact tlial llie walcis liavc lu'eii very U)W
and tbe volume of water iMtiirini!;- into a basket (bMieases llie cliaiues
for tlie lisli to escape IliroiiLili smaller <)j»eiiin<is in baskets. As the
water Hows tliroujili tlie basket about as fast at is c(nnes into the
rack or basket, the fisli have no means whereby to swim al»ont in a
basket in search f<»r an open ]»lac'e and consecpiently remain on tho
slats jnmjiinii' about until tiiey die. both from the elVects of bruises
ami hick of wat<'r to sustain life.

.Many baskets, particuhirly in the lower Siiscpiehanna river, were
found to contain laruc <piantities of small dea«l shad lyini: on the
slats. This increased destruction of little shad was umlonbtedly
due to a lack of sullicient water ]>ourinii- on the slats to permit them
to ]»ass throujih r<'adily with the current.

rjMm beiiijn arrested, the deHndant m<»st invariably would in de-
fense claim that he had followed the law <-b»sely enonjih and that any
fish that want<Hl lo. he thoujiht. would be able to «x<'t out^ of his basket
and that he was unable to comidy with the law in its several ]>rovi-
sions. The ofl'ense nicest invariably consisted of a violation of at
least two or more ]»rovisions of the sections, thereby the wardcMis
were atuply ]tre]>ared to prove «»o<id and strouu- cases against th(^ de-
fendants, who were couviited and com]M'lled to pay the line allixed
by the Act (tf Assembly.

' It has been observed that the ;»i-eat majority of these peo]de were
]KM>]de in vei-y unxlerale eii-cnmstances and that considerable dilll-
cuKy was expressed in makini: np tlio several lines. To my personal
knowhMliic ] kn(*w of a nuntber of families who were in destitute
ciiM'umstances that Nxcre compelled lo jiart with ilwii- scant savinii's
for the winlcM- in order to ]>ay their lines, ivxperieiice enables me to
say that it is useless to attempt to reuulate the ojieration of lish
baskets by restricted laws, for Ihe operators (d' the baskets in the
majority of cases will totally disregard them. It is therefore far
better and \ so e.-rnestly advise that every effort be made t<» repeal the
fish basket se<-tion in tlu' sessicm of ilu' next Tj'.iiislature and enact
such laws as will ]>rohibit the use of fish bask<'ts entirely in any
waters midei- \ho jurisdiction of Pennsylvania.

Till-: roLU'TioN OF sti:i:a.ms.

Secti(m 10 of the new fish c<»de. whi<'h specifically forbids the
]>ollufion of sli-eams by refuse known to be deleterious lo lisli life,
has added a broad field of additional dtities to the woik of the 1 >e
].artment of Fisheries. The demands for a law of this kind seems to
have been jicneral, and this section simmus to lueet with ap])rova1
everywhere. Even the industries, thoniih inconvenienced. t(MUpor
arily at least, seem to ai»]>rove of a law ]>rohibitini; itollution. In fact
many streams of the State had become so badly indluted that ntany
industiies were coni]>elled to filter the water before nsin^: if in their
]>lants.

INTENTIONAL SECOND EXPOSURE

No. 21.

DEPARTMENT OF FISHERIES.

159

On assuming these duties, the Department was so(»n convinced
that the o-reat majority of the indiisiries were ready and willing to
co-oi)erale, but while pollution was general, there were few known
methods for its a])atement and those were largely experimental.
Upon this discovery, the Department deemed it advisable to join in
the experimental work and aid the industry rather than to crii)plo it,
and that suits should be brought onlv after the industry's refusal
or neglect to endeavor to comply with the law.

Most invariably notice was 'given to the industry to abate the
pollution, and such notice carried with it a specified' time at which
the ])olluiion had to be discontinued. The time given largelv de-
pended on the nature of the ]>(dlution and the amount of tinie re-
quired to successfully complete it. Pollutions that could be abated
with little inconvenience were stoi)ped immediately or within a few
days. In ord?r to determine the nature of the ])ollution and the
best methods to be emj.loyed in its abatement, a thorough knowled'-'e
of the material in solution is required. '^

This requisite has caused the Department to investigate as well
as experiment, aufl although many of the investigations are still in-
complete, much valuable knowledge has been gained. The term pol-
lution as c(dlectively used, covers an extensive list of dilTerent ma-
terials, either refused or unretained bv the manufacturers, but as the
list IS most invariably chemical as well as mechanical, a chemical
classification will no doubt be the more comprehensilde. Then for
convenience we will divide all matter into two classes: oi-o-anic or
inorganic. To ihese permit me to add another, poisonoirs erases
Though perha]»s not technically correct, the subject is of sufficient
importance to warrant a separate and distin<t classification T'ntil
recently the subiect of gaseous ]K)llution receivefl little or no consid-
eratum, probably owing to the fact that gases generallv are colorless
therefore not easily detected through the sense of sijrht.

While coarse suspended matter, thouirh frequent^v much le«s in-
jurious, causes the stream to look totallv unfit for 'fish life, recent
mvestiirations have conclusively demonstrated that poisonors o^ases
lead in the destruction of fish life, and that at least seven +«nths of
all fish killefl by pollution Avero killed by Doisonous jrasrs. The o-nses
that are most prominent in the work of destruction aro: riiloHne
hydrogen chloride. caHon monoxide and bvdrogen sulrbide Chlor-
ine is extensively used as a bleaching agent bv manufacturers of
paper and for bleaching cotton, wool or other fabric.

The method varies larsfdy, according to the purpose for which it
IS to be used. It is used frenuenflv as chlorine, though rerhai»s much
more frequently as a chloride, ^he gas is verv soluable in water
and wlien it escapes into a stream it is verv innirious to fish lif^' The
effect is more irritant than poisonous, chlorino directlv attacks the
gills of the fish, being its chief oriran of respiration. Th- fish M'ill
frantically dash about in the water as if at^euudiu^ to fr(>e i^solf
from some obiect. Tt will rise to the surface, then disniu.ear a«rnin
Fish sufTerin<r in this manner most invariaMv di- from irritated
gills, which decompose verv rapidlv after death of thn fish.

.Ammonia is frequently found in pollution from frns houses where
coal gas is manufactured, being an unretain-d bv-pi-oduct. Tt is
also freipiently found in drainage from leakv ovens whero it is col-
lected as a by-product. Tn such cases it is usually an inferior

160

REPORT OF THE

Off. Doc.

quality and it is intentionally turned into the sewer. Its action on
fish is much like that of chlorine. Hydrogen sulphide is perhaps the
most general and widely distributed of this group of gases. It is
common in all waters from coal mines, in washings in the manufac-
ture of water gas, in all blast furnaces where a gas washer is used,
and from all sources of raanufactury where sulphurous gases are
conducted into water.

The effect of this gas upon fish difl'ers slightly from the two former
gases in that the fish become sluggish or stupified. They do not
die as quickly as when subject to chlorine or ammonia. The death
seems to be from pure poisoning. The fish will collect in masses and
lie near the surface of the water for many hours, apparently having
no concern of their surroundings and may be picked from the
water. Even though they are transferred to pure water they most
invariably die from the effect. Either of these gases are more
difficult to remove from water than solids and the work of purifica-
tion has been largely experimental, though at least partly successful
by turning the water into large ponds then filter with coke of
charcoal. A divided filter with coke in the first section and charcoal
in the second is preferable. From experiments it is also probable
that solutions of this kind may be purified by adding a suitable base
to form a precipitate, then reclaim by a system of electrolysis.

From investigations made it would appear that all other pollutions
naturally divide themselves into two classes, all composed of visible
matter, which, for convenience, we will classify as organic and in-
organic. The organic pollution embraces all matter subject to de-
composition, which includes refuse from tanneries, soap works, phos-
phate works, creameries, garbage, refuse from butcher shops and
common sewerage. This class of pollution is perhaps less destruc-
tive to fish life than other varieties of pollution in that it is less
poisonous. Its greatest effect is that of driving fish from the streams.
Wh(m such matter, particularly animal matter, reaches a certain stage
of decomposition, it transforms into a slimy gelatin solution which
lodcres on the spawning beds, and will destroy all the spaAvn. Again
as decomposition advances, carbon dioxide, commonly called cnrbonic
acid, is formed, which is to some extent deleterious to fish life. Its
greatest evil is due to the fact that it is a prime promoter of bacteria
of all kinds, which is the source of diseases of mankind and animal
life.

A number of remedies have been recently adopted to abate this
class of pollution, probably among the more successful methods is to
first convey the pollution into a large settling pond exposed to the
air and sunlight, then attach a large coke and charcoal filter to the
outlet. On decomposing- the geletin matter can be removed and
used as a fertilizer and the filter will absorb much of the remaining
suspended matter.

The inorganic pollutions are probably the most poisonous of the
several varieties as it embraces mineral poisons or mineral salts.
Among this varietv of industries are the several processes of paper
manufacturers and dye and bleaching establishments. This nature
of pollution is rather difficult to remove, owincj to its dejjroe of sol-
vency or minute particles of suspended matter. Probably the most
effective method of purification that has been tried as yet is a method
of electrolvsis.

No. 21.

DEPARTMENT OF FISHERIES.

161

During the past seven months over 200 concerns have been notified
to abate the pollution of streams, the pollution coming from tan-
neries, oil refineries, paper mills, dye works, gas houses and saw mills.
In nearly every case the pollution was entirely abated or an effort
made to do so with the result that a substantial improvement was
the result. During this period of time a number of devices have been
installed with rather satisfactory results. Among the devices are
Wter beds, filter machines and electric purifiers. A laboratory will
be installed m the warden's room of the Department of Fisheries in
the near future for the purpose of ascertaining the nature and con-
sistency of different pollutions, and their efl"ect upon fish life The
per cent, required to kill fish, the qualitative conditions of the water
in different streams, also experimental work on the abatement of dif-
ferent kinds of pollution, etc.

Respectfully submitted.

J. W. CRISWELL,

Chief Warden.

11—21—1909

162

REPORT OF THE

Off. Doc.

OPINIONS OF THE COURTS.

The Act of May 1, 19(M), somewhat cliaiigcd I lie lisli laws but
no cases were adjudicated by the (^)urt excejd in the case in Le-
high Couuiy, where tlie ()uesti(>u of lisli )>askets in trout streams
was raised au«l liie court diM-iih-d that where a stream is
known as one iuliabited by trout no lish basket couhl be jdaced in it.
In York Couulv ilie Court (h'rided im very Inoad «»rounds that
streams stocked' with fish from tlie State are open to the public to

fish.

In Crawford Couulv a very important decisi<m was rendered m
what was rej«arded as navijiable waters by the State, and the de-
cision is one that is very far-reach iii<?. In Jin Her County, where the
water su}>i»lv of IJuthM* was c«mlaminated by salt water from oil
wells, the cl.urt made a broad decision that the public welfare is
more imjMnlant than private interests.

Fisii r.ASKirrs ix tijoct stkf.ams.

UiHh'r the provisions of the art of May 1, 1!MI!). uo method of taking
fish is lawful in slre.'Uiis ku(»wu to be inhabited by trout excei)t with
one rod, hook and line. In Lehigh County a license was issued for
a basket bv the County Treasurer for a stream, whidi, with<mt
knowledge on his ]»art was a trout stream. The owner of the license
was afterwards notified bv a warden to remove the basket on the
ground of the ])r(.visions of the Act of May 1. l!Hl!). The basket was
not removed and he was ])roseculed. The alderman before whom he
was heard sustained the c(mtention of the warden and the defend-
ant a])i)ealed to the court. The court sustained the decision of the
alderman in the fcdlowing ojnnion:

Commonwealth of Pennsylvania, ) No.20. October T. 1000.

yjii, V Court of Conuuon Pleas of Le

Ellas S. r.ortz. ) high Comity.

Oinniou «»f the Conri on pelition lor all(M-atnr in sununary con-
victi<m for vicdation of the "fish law of 1000." The charire before
the alderman was that the (lei'endaut unlawfully maiulained a fish
basket in the waters of a trout stream contrary to Section S of the
Act of May 1. 1000. V. L. '\'>'-\. The reason for the allowance of the
np])eal are that tln^ defendant did not own the basket (»r erect the
same, that he is not the «fwner (d' the j>remises cm which the basket
was erected, and that th<M*e was no evidem-e before the alderman that
the basket had been o]>eraled since the ]!assage of the act. The facts
alleged in the petit ii>n ar«' nuistly those that were in controversy
befcJre the alderman. Our present inquiry is confined to the ques-

No. 21.

DEPARTMENT OF FISHERIES.

163

tion whether there is suflicient evidence to sustain the judgment of
guilty entered by the alderman. It appears that the defendant did
not take out the license but that it was taken out bv one Stertz
wlio gave It to him. It was in the name of the deiendant. It was the
premises ol winch the defendant was lessee jind in a legal sense the
owner tor the term of his lease. After m>tice I>v the fish warden to
remove the fish basket he still allowed it to remain on the premises
owned as lessee and th(>refore may be said to have maintained it.
Ihe deteiidant had an opportunity to present his case fully and
fairly, there is no (hmbtful legal question involved. The alderman
had sufficient evidence to support the c(mclusion at which he ar-
rived. Tmlcr the decisions I slnml.l not interfere. Now October 14th,
1000, rule IS discharged and the ai)peal is disallowcMJ.

By the Court.
iSigned) FILVXK M. TKIOXLEK, P. ,J .

ALLOWANCES OF APPICALS CNDEK ACT OF MAY 29, 1007,

UNCON ST I T CT I ON A L.

In the Act of May 1>0, lOtiT, allowing the use of fish baskets \t is
provided that in <ases of violaticm of the act the violator shall,
1 found guilty, he fiiie,l or imi.risoned hy \\n, magistrate before whom
the defendant is heard. The act then g<.cs on to provide that the
defeiMlMut can give bail to answer the c.mip!;,int (m a chai-e of
misdemeanor. The nmstitnti.Mi ]»rovides that in all cases of Num-
mary <-onviclion the defendant may appeal k, ;i Court of Kecord
on cansc sh,»wn and the ;ul therefore seemed to an;eiid the con-
sliinlKm oy a mere act of the Legislatnre. A man in Centre (Vmntv
was arresicd foi- violation of the act of Mnv "0 1007 P T •>ii
and was convicted. After convicli<m he took (mt' an ajmeal under
the seventh section of said act without asking for the leave of the
Court. When the case came for trial bcl(,iv the judge <m a measure
to qnash tho appeal (m Ww groun<l that this ]»rovisi(m was uncon-
s 1 u lona he C(mrt rnled that the secticm in question is uncon-
stitutional m the following opinion.

Commonwealth "^ In the Ccmrl of Quarter Sessions of the

^'^- I I't'JH'e in and f(»r the Couulv of Centre.

John lloriicr. j No. 1.") Decendu'r Scssi^ms, 101)7.

J liiile to quash appeal.

Ojtinion and Decree.

The defendant and appellant was arrested umler the act of :yrav
-0, 100(, P. L. :ui. l?eing convicted before the .Justice of the Peace
the record was hnmght into this court under tln^ ]>rovisions of the
7th sectnm of said act, by the api.ellant entering into his recog-
nizance but without obtaining leave of the ai.i)ellate court or of aifv
judge thereof. The moticm to quash is based upon two grounds-

164

REPORT OF THE

Off. Doc.

First: That Ihe 7th section violates the 14th section of the 5th
article of the Constitution, and

Secondly: That the act of 1907 does not apply to the offense al-
leged to have been committed by the delendaut and appellant.

Just why the Commonwealth alleges the second reason we can
scarcely understand; for, if it is a substantial one, the Common-
wealth was in the wrong to institute proceedings against the de-
fendant under this act. As there is no evidence, however, or authori-
ties given bearing upon this point, we for the present disregard it
and give our entire attention to the first ground, namely, as to the
constitutionality of the act. It is contended by counsel on behalf
of the defendant, that if the 7th section of the act is unconsti-
tutional, the whole act fatally offends against the Constitution, and
that the whole proceeding should therefore fall. We cannot de-
termine this at this time. The only question before us is whether or
not the issue was properly brought into this court. There is no ques-
tion that the defendant or appellant literally obeyed the provisions
of the act but as the Constitution provides that leave of the ap-
pellate court or a judge thereof must be first obtained, the ques-
tion is a serious one whether or not this provision is not in serious
contlict with the c<mstitutional provision. The identical question
has been decided, Superior Court in Commonwealth against Luckey,
31st Superior Court Keports, page 441, where a similar provision to the
act of April 22, 1905, P. L. 2S4, was declared to be unccmstitutional
and the lower court reversed. We are inclined to think that the con-
struction of that of the Superior Court upon this part of the Con-
stitution and its infringment by that particular act is s(mud, al-
though some fairly good points might be made against it, but in any
case we regard the decision of the Superior Court as authoritative
upon us, and we therefore sustain the moticm to quash for this rea-
son and this reason imly, namely, that the 7th section of the act
of 1907 under which this proceedings was brought into court is
unconstitutional.

And now, to wit, March 15, 1900, for reasons just given the rule
is made absolute.

By the Court.

ELLIS L. OHVIS, P. J.

CONSTITUTIONALITY OF THE ACT OF MAY 29, 1901.

John McCoy was arrested in Huntingdon County for illegal fish-
ing. He was convicted by the Justice and fined. He took an ap-
peal to the couri on the ground that the act of May 29, 1901, under
which he was convicted was unconstitutional. The device he used
was a dip net and in a similar case in Berks County the defendant
appealed from the similar finding of the Justice on the ground that
the act was a permissive one and imposed no i)onalty for fishing at
other times than that made lawful by the act which contention the
Berks County Court sustained and discharged the man. In the
Huntingdon County case this point was not raised but only the

No. 21.

DEPARTMENT OF FISHERIES.

165

question of the constitutionality of the act. The Huntingdon County
Court sustained the constitutionality of the act and affirmed the
judgment of the Justice of the Peace. The following is the opinion
ot the Court: ^

In the Court of Common Pleas of Hunt-
ingdon County, Pa.

Commonwealth

vs.
John McCoy.

This case is before us on an appeal granted to the defendant by
the Associate Judges from the decision of a Justice of the Peace
on a conviction lor a violation of the fish laws. The defendant al-
leges "that his conviction is unjust and contrary to law and the im-
position of the fine and ihe imprisonment in default thereof would
do him a great injustice." In tiie argument of the case, the consti-
tutionality of the act is challenged in that it does not distinctly set
out in the title the subject of the act. The defendant admitted that
he did not fish with a net or device not in accordance witli the seventh
section of the Act of May 29, 1901, P. L. 302. ihe title to the act
reads as follows: "An act to declare the species of which are game
lish and the species of fish which are commercially valuable lor food
and to regulate the catching and encourage the propagation of the
same; to define the public waters within the State; to protect the
waters within the State from improper and wasteful fishing; to pro-
vide lor the appointment of fish commissioners and fish wardens- to
encourage and regulate the artificial propagation of game and food
tish by said State Fish Commissioners; to regulate the distribution of
the same in the waters of the Commonwealth; to provide penalties
and punishments for the violation of the provisions of this act."

The title informs the reader as to what is contained in the body of
the act and gives notice of the subject matter. "The title is to have
a reasonable interpretation; and if it fairly gives notice of the subject
ol the act, so as reasonably to lead to an inquiry into the bodv of
the bill, it is all that is necessary."

Comm. vs. Kenny, 32 Sup. 544.

and Justice Orlady in construing the title to this very act, says-
'Ihe purpose of this act is clearly defined in the very words of the
title" to be "to regulate the catching and encouraging the propacration
of game and food fish," and these words reasonably invite and inquiry
not only into the number of times when and the methods by which
such fish may be lawfully taken, but as well the methods deemed
necessary by the Legislature to encourage their propagation, and
the modificaticm, if any, of former legislaticm on this subject" "The
title substantially, though without particularitv describes the subject
and purpose of the act, so that everything wJiich reasonably partains
to that subject is in law suggested by the title."

Comm. vs. Kenny, 32 Sup. 544.

We are, therefore brought to the conclusion that there is nothing in
or pertaining to the title which offends against the Constitution.

166

REPORT OF THE

Decree.

Off. Doc.

And now the reasons assigned for setting aside llie findings of the
Justice of tlie Peace are overruled and the judgment is atfirmed.

J. M. WOODS, P. J.

A QUESTION OF FKEE STREAMS.

Under the Act of May 1, 11)07, it was declared that it is lawful
to take in the 'public waters" of the Commonwealth eels, suckers
and mullets by means of a gig or spear.

A Yoik County man killed two suckers and two eels with a gig
in a stream of water tributary to the liermudian Creek. He was
arrested and convicted before a uuigistrate on the gi-ound that the
stream from which he took the fish is not public waters under the
law. From the judgment of the magistrat(? he ajipealed to the Court
of Quaitcr Sessions of York county. The Court discharged the de-
fendant on the ground that the J>ermudian Creek, including the
branch spoken of, is a tributary to the C(mewago, which was made
a public or free water by an act of the Legislature, and also for the
reason that fish from th(^ State had been jdauted in the Bermudian
Cieek with the ccmsent of the owners, and the stream liad been used
by the i»ublic for fish purposes for fifty years becoming thus i>ublic
by usage.

The ruling of the Court in regard to the C(»newago being a public
stream by reason of an act of the I.egislature is at vaiiauce with the
recent decision oT the Superior Court in the case from Wayne County,
that Court having <leclared that the Legislature could not nuike
a stream jniblic for fishing withotil comp{^nsation to the owners. The
York County Court stistains the contenti<m (d' the Department that
the i)olicy of the C'ommonwealth is to favor public fishing to as large
a degree as ])ossible and in this regard the decision of the Y'ork
County Court is imj)oriant as giving a ju<licial inter|>retation that
where fishing has been ]»ermitted for a number of years the stream is
free by usage. The following is the ojiinion of the Court :

^ In the Court of Quarter Sessions of the
j l*eace of Yoik County, I*a.
[^ No. Sessi(ms,'l !»(!!).

A]>]teal fi'om the Sunnnary Convicti<m be-
fore N. C. May, Alderman, for illegal
fishing.

Conuuonwealth

vs.
John W. IJaker.

Opinion.

The following facts have been agreed upon for the consideration
of the Court:

''It is hereby agreed mutually, by and between the counsel for
the Commonwealth and counsel for the defendant, in the above en-
titled cause, that the following facts shall be considered by the
Court, on the trial of said cause on api»eal, with the same force and

No. 21.

DEPARTMENT OF FISHERIES.

16^

effect as if they had been proven by the testimony of witnesses under
oath in open court at said trial, viz:

"The defendant, John \V. Ijaker, on the night of June 8, 1908,
killed and took two suckers and two eels by means of a gig or spear
in the stream of water known as 'The Branch,' being the North
Branch of the Bermudian Creek, at or near Hall Post Ottice, York
County, Pennsylvania, and had them in his possession on the said
night. The said North Branch of the Bermudian Creek has been
used, at the place Avhere the said suckers and eels were killed and
taken, by the public for fishing purposes for the past fifty years.

"The owners oi the stream at the place where the gigging occurred
have permitted ihe public to fish therein without objection on their
part. Fish received from the State of l»ennsylvania have been
planted m the Bermudian Creek upon the application of some of
the owners of said stream. The said stream has never been declared
navigable by Act of xissembly, and is not, in fact, navigable."

The case is befoie the Court on an ai)peal allowed by the Court
from the judgment of Noah C. May, an ahlerman in 'and for the
County and City of York.

It appears that the olfense charged is the killing of four fish in
the North Branch of the Bermudian Creek, in the County of York,
on the first day of June, 1007, with a gig or spear contrary to the
Act of May 1, 1907. « *> i J

The complaint was made by J. ^^^ Criswell, Chief Fish Warden of
Pennsylvania, and charged the accused with the olfense above stated,
contrary to the j^rovisicms of the Act of xVssemblv approved the first
day of May, 19t)7.

The Alderman's record of conviction of the defendant is as follows:

"And now, to wit, August 12ih, 1907, at two o'clock P. M. Where-
fore it appears to the said Alderman, after a careful review (.f the tes-
tiimmy in the above suit. That the said defendant, John Baker, is
guilty of the charge of olfense of taking and killing four fish with a
gig in 'The Brafich,' a stream in York county, Pennsylvania. And
said stream not being public waters, as charged upon him by the
said Informaticm.

"And now, by the authority vested in me by the said Act of As-
sembly, I, the aforesaid and subscribing Alderman, do herebv adjudge
the said John Baker guilty of taking or killing four (4) fish with a
gig or spear in the 'Branch Creek,' a private water in York C(»unty,
I^ennsylvania; and I do heieby adjudge and sentence the said John
Bakei' for the said oti'ense t() forfeit and pay the sum of Forty Dollars
and costs of th(^ above suit, the same being Ten Dollars for'each fish
so killed, to be disbursed as the Act of Assembly aforesaid doth diret t.
And in default of the said John Baker failing to pay the above fine
and costs he be sentenced to undergo imi)risonment in' the Countv Jail
of Yoik county for a period of forty days.

"In Witness Whereof I, the saiilAlderman to this juesent Kecord
of Conviction, have set my hand and seal, at the Fifth Ward of York
City of said county, this twelfth day of August, A. D. 1907.

(Seal)

"NOAH c. :\rA\^

''AUermanr

168

REPORT OF THE

Off. Doc.

The rule is that penal statutes must be strictly construed and ac-
cording to their letter.

The act providing no penalty for the killing of suckers and eels in
private waters, as charged in the information, there could be no legal
conviction of the defendant under the provisions of the act even if the
said stream is private waters. The penalty j)r()vided in this act ap-
plies only to the killing of game fish with a gig or spear.

It was conceded at the argument that there could be no ccmviction
under the act of 1907, and that the conviction under that act must be
set aside. It was strenu(msly contended, however, that the defendant
could be held under the act of May 21, 1I)(I1, P. L. :\{)'2, and lined by the
court for fishing in private waters with an illegal appliance, and be
fined $25.00.

This cannot be done for several reasons.

The defendant is brought into court on a definite charge of a viola-
tion of the act of M',\y 1, 1007, and no other act. This trial is de novo,
but the cause of action cannot be changed. Having been prosecuted
for the violation (f cme Act of Asseuibly and having appealed this case
to the court, he cannot, in this trial, be convi<'t('d of a violatiim of a
law not included in the information or complaint, and of which he
was not convicted by the .Magistrate from whose judgment the aj)peal
was taken. Tliis olfense being in the nature of a crime, the defendant
is entitled to notice of what he is required to answer. lie must be so
notified by the charge as to what he must defend against, and that he
may thus summon witnesses and make liis defense to the prosecution.

Even if this could be done there could be; no afTii-mance of the con-
viction by the Magistrate, because the creek in Nvhich the fish were
killed is not. in contemplation of law, private water or a ])rivate
stream in contem})lation of the fishing laws of the Commonwealth.

The larger streams of the Ccmnnonwealth, such as lakes, rivers and
creeks, are ]>ublic waters as decided in the case of Coovert vs. O'Con-
ner, 8 W., 470:

"All rivers, lakes and streams comprehended within the charter
bounds of the province i)assed to William Penn in the same manner
as the soil. In grants of tracts of vacant lands by him or his suc-
cessors during the ju-oja-ietory times, and by the Commonwealth
since, streams not navigable, falling within the lines of a survey, were
covered by it and belonged to the owner of the tract, who might after-
wards convey the body of the stream to one person and the adjoining
land to another (2 Pet., 04). When streams not navigable formed the
boundary of such tract, the grantee jicquired a title ad filum aquae.
The larger rivers and principal streams, by nature navigable, belong
to the Commonwealth, as well as where there was no tide, as where
the tide ebbed and flowed, C(mtrary to the ])rinciples of common law,
and of some of the State, in which, in all riveis and streams where the
tides did not ebb and flow, the grant of land, with a boundary on the
stream extended ad filum aquae (Carson v. Blazer, 2 I5inn., 475;
Suunk V. Schuylkill Navigation Company, 14 Serg. & Kawle, 71).
And the very point before us was decided by this Court in the case of
Ball V. Slack, 2 Whart., 5^8, which cnse was elaborately argued and
much considered. There Mr. Justice Huston, delivering the opinion
of the Court, lays it down as a settled principle in Pennsylvania that
when a grant or survey is bounded on a river or creek, if extends to
that river or creek, and (except in the case of large navigable streams)
extends to the middle of the creek."

No. 21.

DEPARTMENT OF FISHERIES.

169

We agree with the contention of the counsel of the defendant that
the "Planting of fish in the Bermudian Creek, upon the ai)plication of
the owners of the stream, entitled the public to fish in the North
Branch thereof."

The Act of May 2J), 1001, section 25, P. L. :U0, provides, "From and
after the passage of this act any waters within this Commonwealth
tributary to public or free waters, in which fish received from the
State are planted upon application of the owner or owners or lessees
of such water, shall be and the same are hereby declared open to the
public for fishing purposes thereafter.''

The Bermudian empties into the Conewago and the Ccmewago is
declared by Acts of Assembly (see Act of February 27, 1801, Laws of
Pennsylvania, 1701 to 1802.' page 47:i, and Act of 3Iarch 20, 1846,
P. L. 150) to be a public stream.

The Bermudian, including the North Branch thereof, being a tribu-
tary to the Conewago, a public or free water, the fish being planted
in the Bermudi.in with the ccmsent of the owners, entitled the de-
fendant to fish iii this str<'am, especially in view of the fact that the
owners permitted tlie fishing, and the stream had been used by the
public for fishing purposes for fifty years.

In support of this, reference is made to the title of the Act of As-
sembly of May 20, lOOl, P. L. ;102. This title jnovides that it is an act,
inter alia, "To deline the public waters within the Slate." At no
place in the Act is there any deliniticm of the public waters within the
State, except in Secticms 2:> and 25. IIer(" the Legislature ordains
that public fishing shall exist in certain waters of the Commimwealth,
and by Section 25 it is provide<l that certain waters shall be opened
to the public for fishing purposes. There don't seem to be any doubt
but that the Legislature intended Ihat Section 2.') and 25 of the Act
of May 20, 1001, slxnild be a statement of what waters in the State
should be made public waters so far as the fishing rights are con-
cerned. There is no other use of the term i)ublic waters within the
State, in fish laws, except in the title to the Act of May 29, 1001,
and in the Secti(m 1 of the Act of ^lay 1, 1007.

The Act of 1001, Secticms 2:5 an<l 25, defines what are public waters
within the State. The Act of May 1. 1007. i>rovides for the regulation
of fishing in thoso jmblic waters. This seems to be a perfectly fair con-
struction of both acts.

It thus aiq)ears that the term "jiublic waters of the Commonwealth,"
in their primary and general meaning, means public for sovereign, com-
mercial and business uses: but when the term "|>ublic waters" is used
in Acts of Assembly, relating to rights of citizens of theConmnrnwealth
in the waters thereof, it has a ditTerent and more restricted meaning
as defined by the Act of May 29, 1001, and nutans all waters except
those which are ])rivate streams and the lands ovcm- which they flow
are owned by citizens of the Conuncmwealth : and in which ]>rivate
streams the Commonwealth cannot authorize ]>ublic fishing without
providing just com])ensation to the owuf^rs of such lands.

The several enactments l)y the Legislature show that the policy of
the Commonwealth is to favor jmblic fishing whenever the right can be
conferred without the violation of the constituticmal rights of the
owner of the land.

This is not a certiorari but an a])])eal. and the trial is de novo, but at
last the question to be determined is: Shall the judgment of the magis-
trate be affirmed or reversed. The facts have been agreed upon.

170

REPORT OF THE

Off. Doc.

In all reported eases of jiulgmeiits of Courts of Quarter Sessions, in
appeals from cases of siininiary eonvietion, the jndj^ments are either
that the jiKl^inent of the ina;;istrate is anirmed or reversed. This is a
stroni:: additional reason why the defendant in this ease cannot be
convicted of another offense than tliat contained in the conii)lainl and
under an Act of Assembly with the violation of which the defendant
is not accused.

Upon due consideration, we are of the opinion that the defendant
was illej'ally convicted of the offense of which he is charj^ed; and that
the judgment of the majiislrate must, for reasons stated, be reversed.

The costs in this case weie paid bv the Count v (»f Vorlc when the bill

If ■

of indiclment a.i»ainst the <lefendant was inadv«Mtently sent before
the Clrand Jury and ignored and the County of York ordered to pay
the costs. This leaves only the costs since accruing, which is a small
amount to be provided for.

And now, Febrnaiy 1."), 1000, the Judgment of the magistrate is set
aside and the County of York is directed to pay the costs which re-
main to be paid.

By the Court,

JOHN W. BITTENGER, P. J.

PriUJC WELFABK (JBEATEK THAN PKIN'ATJ: INTERESTS.

In ISTT, the Buth'r Water Company was organi/x'd to furnish the
town of Buller with waier. The comj>any erected a reservoir in the
ConuiMpienessing Creek for the purpose of storing water and supply-
ing their customers witii water therefrom. In tlie watershed of the
creek were some oil wells which were pumped from the sand called the
"one hundred foot*' sand, and the very small quantity of oil was pro-
duced wjih a large (pianiily of salt wafer. The salt wafer from these
wells being allowed to flow into the stream so polluted the water for
the wafer comp;;ny that if erected another reservoir further up the
stream.

Jiccenfly several jtersons have bored wells and have been jjumping
them for oil, the (pianlify of oil running from one bairel to about ten
barrels a day to a well with a result of thirty or forty times that much
salt wafer. This salt wafer, it is claimed, so ]>olluted the water in the
reservoir as to lender it unlit for use. The wafer company asked for
an injunction to restrain the owners of the wells from pumping the
salt wafer and were joine<l in a petition by the Attorney (Jeneral of
the Connncmweallh on the gnnmd that the water fh)wing from the
wells so polluted the wafer su])ply of Butler as to remler if a nuisance
to the public health.

The case was heard in the Court of Common Pleas of Butler
County in equity before Hon. Ceorge S. Crisswell, President Judge of
Venango County, who, in a very able decision, granted an injunction
as ])rayed for. The ground taken by the Court was that the general
welfare of the pnblic overweighs any individual interests.

No. 21.

DEPARTMENT OF FISHERIES.

171

The amount of oil produced by the wells in question, as shown by
the testimony, is very small, and in all the cases except one the wells
were bored after the watershed had been taken for the ])urpose of sup-
plying the town of Butler with water, the town having a population of
over ] 8,000. It would appear from the facts that the watershed in
question is the only place that a water su])ply can be obtained suffi-
cient f(»r the needs of the growing population and its various manu-
facturing interests.

The questicm is a very important one as showing that the Courts are
taking a decided view in regard to policies where the public in-
terests exceed those of the individual. If the decision of the Butler
County C(mrt is sustained by the higher courts it will mean a great
advan<e in flie matter of jnitfing a stop to the ]>ollution of the
streams, which pollufi(.n now destroys much fish and aquatic life and
also threatens human life.

It will l>e observed in discussing the case the Ccmrt speaks of the
case where the Sipreme Court decided that as coal is a necessity ])ri-
vate interests must suffer until some method is found to make water
run uphill, but if also quotes in speaking of the oi)inion a renmrk
that a time may come when public interests will demand the stop]>age
even of this pollution by coal mines.

The following is the opinion in full:

The Commonwealth of Pennsylvania ex rel., M. TTanqjton Todd,
Attorney General, and the Butler Water Company,

vs.

T. H. Ilanratty, II. G. Litzinger, L. V. Litzinger, Lit/jnger & Com-
pany, J. L. Y(ning. George Amy, John Hines and IT. Bowers.

IN THI<: COFBT OF CO>rMO\ PLEAS OF BUTLEK COUNTY,

PENNSYLVANIA.

IN EQCITY.

No. 5. December Term, 1008.

This cause came on to be heard upon Bill, Answer and Evidence
and therefrom the following are derivtnl as the material.

FACTS.

1. The Butler Water Comjjany is a corporafiim organized under
the Act of Assenddy of the Commonw«'alfh of Pennsvlvania api)roved
the I'Ofh day of April. 1S74. enfilled "An Acf to provide Un- ihe incor-
poration and regulation of c(M-taiu cori>oraf ions." and the snjqdemenfs
thereto, lor the lairpose of supplying the Itoroiigh of llutler in said
county with wafer. Letters palent were duly issued !o if as such and
its charter was recorded on the third day of November. 1S77, in the
(►(lice of the liecorder of Deeds of said coiinfv in (Miarfer Book No 1
j)age L*il. * ' .

'2. The sjiid Borough of Butler is l(Kafed lU'ar to and on fhe banks
(d (\)nn(M)uenessing Creek, in sai<l count v, and has a p(.j>uIation of
abcmt 18,000 inliabitants, with several railroads, numerous shops,
plants and manufactories requiring water for domestic, steam, tire
and other purposes.

172

REPORT OF THE

Off. Doc.

3. Pursuant to its charter and the object of its incorporation the
said water 'juiiipauy installed a plant, consisting of dam or reservoir,
near the borough limits, pumi>s, mains, conduits and pipes, for the
purpose of taking water from the said creek and supplying and dis-
tributing the same to the inhabitants of the said borough for the
various uses for which it might there be required.

4. About lS\)o, because of oil devc^lopmonts on the lower watershed
or the run above the company's dam and direct source of supply and
the quantity of salt water coming liom oil wells drilled and operated
in the vicinity, the waters of the creek at that point became unfit for
use for general and tlomestic auil other purposes, and a larger reser-
voir or impounding dam was constructed on the said creek at Boyds-
town, about seven miles up said creek from the borough, with a
capacity of about 1)4,000,000 galhms.

5. About 1J)0.>, because of the increased demand for water, another
reservoir, with a cajiacity of about 21t>,000,000 gallons, was built by
the comi)any about three miles from the bonmgh, on Thorn Kun, a
tributary of said Conuoquenessing Creek, which empties into the same
at a point some distance below the Boydstown reservoir.

0. The waters of said Connoquenessing Creek and watershed,
taken from the i>oints above indicated, have been the sole supply of
the said water company since its organizaticm and is the only prac-
tically available source from which an adequate supjdy of water, of
reasonably good and pure quality can lie obtained for the uses of the
company and the public for which it is its duty to serve.

7. About the year lOO:^) the comi)any installed a filtering plant near
its pump station through which practically all the water since fur-
nished by the com])any to its ]»atrons has passed.

8. Prior to the organization of the said company and its appro-
priation of the waters of the said creek in 1878 there had been drilled
quite a large number of oil wells within the limits of the watershed of
the creek, chielly, however, near the source of the stream and its upper
tributaries, and from such wells S(mie salt water was produced, but
the oil obtained therein was not generally found in or ]>roduced from
sands containiUii: salt water in large quantities so as to eflfect the
purity of the waters of the stream below or render it impure, unfit or
unsuitalde for domestic (•onsum])tion. steam or other purposes for
which it was required by the ])ublic of the community which the com-
pany, by the terms of its charter, was to supply with water.

0. In that localitv the sand in which is found anv considerable
V(»lume of salt water is known as the hundred foot sand. The first
distinctive field in whi<h oil was ]troduced from this sand was some
distance south oi" l^utler and the watershed in question and this was
in the early nineties. About 1S!)4 an<l ISO.") there was some production
from this sand within the lower limits of the watershed, and the salt
water from the wells rendering the waters of the stream there unfit
for use. This resulted in litigaticm at the time and also in the erec-
tion of the upper reservoir at P.oydstown, referred to.

10. At the tiirie of the erection of the said Boydstown reservoir the
• waters of the creek were ]>ractically ])ure and suitable for domestic
and general public use. About that time, the exact date not particu-
larly a])])earing, a well was drilled on the Bitzart farm located on
Dulfy Bun, a tributary entering Connoquenessing Creek at the reser-
voir, from which some salt water was produced. Afterwards another

No. 21.

DEPARTMENT OF FISHERIES.

173

well was drilled on the said farm likewise producing salt water. The
water from thesf; wells was for a time carried below the reservoir by
means of pipes, and the operation of the wells was then discontinued.

11. Subsequently these wells came into the possession of the de-
fendants, Hanratty and H. C. and L. P. Litzinger. They began oper-
ating the same either as individuals or as Litzinger and Company and
for a short time forced the salt water over a dividing ridge so that it
reached a tributary entering the main stream below Boydstown reser-
voir, l^ecause of objections made to this disposition of the water,
hoAvever, it was soon thereafter turned and allowed to flow into the
space between the larger and smaller lines of casing in the wells.
How dee]) the water i)assed in this space does not appear, but after-
wards salt water was discovered coming from the ground along the
run below the wells. This fact, together with the tests made for salt
or chlorine in the water indicate that the salt water from the wells
passed through the earth to the run and from there to the reservoir.

12. These wells on the Bitzart farm, after coming into the posses-
sion of the defendants named, were i>umped about a year before oil
was obtained, producing at first about eighty barrels of salt water per
hour, and they are still producing about thirty barrels per hour, be-
sides about four barrels of oil i)er day with c(msiderat)le more than
sufficient gas to operate the wells. The quantity of oil being produced
has been gradually increasing and the market price of the same is
$1.03 per barrel.

13. What is referred to as the "Young Well," belonging to and
operated by the defendant, J. L. Young, is located about five-eights of
a mile above the Litzinger wells on Duff"y Bun. Tt was drilled after
the locaticm of the Boydstown reservoir and has been producing 55
barrels and ui)wards of salt water per day and from one-half to two-
thirds of a barrel of oil from the hundred foot sand besides gas for gas
engines, two houses, with a considerable sur])lus. The water from
this well flows down into Duff'y Bun, reaching the reservoir, except
during drought periods, when the water sinks into the ground, leaving
no surface flow for a consi<lerable distance below the well.

14. What are known as the Amy and Hines wells, two in number,
are located <m Laiimer Bun. a tributary of the Cimnoquenessing
Cieek north of Dutfy Bun and entering the Boydstown reservoir near
the u})per end thereof. They are distant about three-fourths of a mile
from the reservoir. One was drilled before and one after the con-
struction of the reservoir and are now owned and operated by the de-
fendants, George W. Amy and John Ilines. They produce from ten
to twenty barrel^j of salt water and not exceeding two barrels of oil
per day. The salt water passes from the wells to the run by surface
flow. At times during the ])eriod of dry seasons it sinks in the ground
on its passage from the wells before reaching the flowing waters of
the run.

15. The Bowers wells, owned by the defendant, H. Bowers, are lo-
cated west of the creek and near the northerly end of the reservoir.
One of them was first drilled in 1873 or 1874. Afterwards, about
twenty years ag% and shortly before the location and C(mstruction
of the reservoir, being drilled deeper to the hundred foot sand.
Whether or not it was thereafter continuously operated, or how^
much it was operated does not appear. The other well was drilled

174

REPORT OF THE

Off. Doc.

about ten years ago, after the building of the dam. These wells are
and for some time have been operated and are still producing from
twelve to fifteen barrels of salt water per day and about two barrels
of oil. The salt water is deposited on the ground and reaches the
reservoir by Fleeger Run.

10. What is known as the '^Hutchinson well," belonging to Ilan-
ratty and the Litzingers, is located on the headwaters of Thorn Hun
above the reservoir of the plaintitf coni]>any on that run, and was
drilled about a year ago, but not [)uniped until January last. It was
drilled to the fifth sand, but jmmped from the hinnlred feet, producing
salt waler in large quantities at first and afterwards declining to in
the neighborhoovl of two hundred barrels ]>er day. It produced as
high as twelve barrels of oil in cme day at first, but Ihe later produc-
tion is not stated. The salt water was jtermitted to tlow on the
groinul and into pits dug to receive it. After this was done fresh
water springs on the adjoining tract became salt and the water there-
from passed into the channel of Thorn Kun and from thence to the
reservoir.

17. At various points throughout the watershed of Connoqueues-
sing Creek, including the basins of Dully, Larimorc an<l Thorn Huns,
there are coal mines or drifts, either now open or abandoned, from
which there flows or slowly passes small streams of what is comuHmly
known as brackihh or surplus water having on it in ])laces a scum or
oily ai>pearance, from which, from a short distance afier it first
reaches the surfaces there is de]>osiled ;i colored se<lim«-nv. There are
also in the basin a number of wells drilled for oil which are flowing
water slightly tinctured with sul])hur, some of it having a flat, brack-
ish taste, but neither the water from these nor that from the coal
mines are sullicient in quantity or quality when mingled Avith the
natural surface waters of the valley to affect the practical purity of
the main streams of the watershed.

IS. At and for some time ]>iior to the tinu^ of the filing of the
]>laintiirs bill of complaint herein the waters of the Hoydstown and
Thorn Iiun ]'es(»rvoirs, those of the former to a greater degree than
those of the latter, had l)ecome im]nire and at tiuu's wholly unfit for
use in the generaticm of steam, unsuitable f(»r washing and other do-
mesti<' ])ur|)oses and detrimenlal to pi])es. nujchineiy and fixtures in
which it was used, by reason of the excessive quantities of chlorine
deposits therein and such chlorine deposits came chiefly from the salt
water ]nnn]ied into the stream and de])osited on the lands adjacent
thereto above the said reservoirs and within the basins drained
ther<'by, by the defendants as hereinbefore indicated and found.

19. There is no record or other evidence of any direct cor])orate
action taken by the comj)any, in the exercise of its rights of eminent
domain, ccmdemning (he waters of the stream, eithei* at the first or
lower dam at the j)um]) station, or at the up]ter reservoirs at Boyds-
town and at Thorn Run.

20. In the year lSSt». Ooorge Reiber ]>resented the said court, as
a]q)ears by the records thereof at A. D. No. 24 of December Term.
ISSO, his petition setting forth the water com]tnny had entered npon
and a])pro])riated to its use certain of his lands situated on both sides
of the Connoquenessing Treek for use as a dam. together with the
wnters of the creek, for the pur])ose of sup])lying the Rorough of
Butler with water, and asking that his damages for such entry upon

No. 21.

DEPARTMENT OF FISHERIES.

175

and .appropriation of land and stream be assessed bv viewers to be
api)ointed f<u' the purpose. Such viewers were appointed and dam-
ages wyvQ accordingly awarded him. The land so referred to and
taken is the same upon which the first or lower dam was ccmstructed.

21. On Novcuuber Hth, 1S!)5. Ihe water companv presented to said
Court Its i)etition setting forth that it had surveved and ascertained
the boundaries or a ])iece of land behmging to the widow and children
of Ifector Craig, cm which it had locared in part a reservoir and dam
for Its cori)orate puri)oses: that it had been unable to agree with the
owners relative to the damages dtme or likelv to be done or sustained
by them m ccmsecpience of such taking and praving the Court to ap-
point viewers to estimate and determine Ihe quanlitv, quality and
value of the said land, streams and j^ropertv so taken. ^This wai done
and the vunvers awarded the owners piO.OO as their damage for the
;lands, streams and i)roperty" so taken. The lands in these proceed-
ings desciibed and referred to are part of the lands upon which the
Boydstfjwn reservoir is located.

22. On Novemlier 7th of the same vear a like petition was pre-
sentcHl by the com])any for the appointment of viewers to assess the
damages done to the estate of William B. Clvmer, deceased, for other
lands, streams and ]noperty taken as a site for the said reservoir at
r^m rn'''"' '^^^'''' ''•''^ '^""^ ^'^^^ ^^^^ damage,s were appraised at

23. On .Tilly IS th, 100.3, viewers Avere appointed upon the petition
of Sarah A. Sopher. et al. to estimate and determine their damao-e^ hv
reason of the taking by the water companv after liond was crjven and
approv(Ml by the Court of a certain tract of land surveved and appro-
priated }>y It as a site for the Thorn Run reservoir containing .30'
acres in Oakland Township. ],art of the TTenrv farm, and also the
taking of a righf of way leading from said land southwesterly 1 110
feet. No damages are ]>rayed for on account of the takin<^' of the

tt'?:al WngV^O^o"'^' ""^^' ""^"'^^ "^''''^'^^ - ^^^' -->-^'

Vi^ !^" -/nnuary the Sth, 1000. upon the petition of the Independ-
ent IS atural Ons Company, viewers were appointed bv the said Court
to determine the damages sufl'ered by it as lessee of a certain portion
«I Qoo';'^''^ '^*'"'''' ^•''*'" "i^ntioned aliove, the damage,s awarded being

25 The said water company also ]mrchased in fee various other
tracts of land along the runs upon which the reservoirs are located
but the descriptions of the same, as contained in the d(>eds ofl-ered in
evidence, are not sneh as to indicate definitely and fullv their location
with reference to each other or the reservoirs.

20. Since the organizal ion of (he water companv and the inception

nc^nuHn^'n ""'^-n '^' '''''.^'' "' supplying the iMiblie of the said
Boiough of Butler will, water in or abcuit the vear 1S78 it has appro-
priated and used the waters of the said Ccmnoquenessing Creek for its
corporal e purposes and it now has about 2.000 ta])s upon its distribut-
ing pipes and mains in the B.u.mgh, furnishing water to approxi-
mately two-thirds of the iuhabilanis of the Bomnoh, besides lai-o
manufactories and transportation companies and the municipaliTv
Itself for nre protection.

12

176

REPORT OF THE

Off. Doc.

27. A numbei of the inhabitants of the Borough are supplied with
water from si)riaos and wells drilled and pumped by them or other
persons than the water company for the purpose. The water thus sup-
plied is, in some cases, suitable and satisfactory. In many it is not,
being objectionable for washing and other domestic purposes because
of magnesia and other mineral deposits found 1 herein. Besides it is
not known that there is any sulTicient supply of the water as the
production of the Avells generally decline with use, in some instances
quite rapidly.

28. The wells referred 1o from which salt water is being pro-
duced, with the excei)ti(m of the Bowers wells, which are at the
north end of the Boydstown reservoir, are located on the southeast-
erly border of the basin drained by the creek into the Boydstown
dam and the noitherly border of tiiat drained into the Thorn Run
reservoir, the Hutchinson well alone being within the limits of the
latter, and all arc embraced within a comparatively snuiU portion of
the entire basin of Ccmnoquenessing Creek drained into the said
reservoirs.

29. The evidence discloses the fact that some of the defendants and
others have refrained from drilling other wells within i\w known
limits of the said hundred f(»ot territory above the said reservoirs
because of their {inticii)ated ellVct nj/on the waters of the said streams
and reservoirs. If additional wells are drilled through such known
territory, ]aoducing like quantities of salt water as those already
drilled, the water conii)any will be required to abandcm the field as the
source of its water supi)ly, or the ojjcrators will be required to conduct
such salt waters to a point or points below or elsewhere, where the
same will not mingle with the waters supplied to consumers by the
company.

.SO. Because of the small yield of oil from the wells o])erated by the
defendants and the injurious and destructive elTect of salt water u]»(m
metallic ])i])es orrliuarily used for the ])ur])ose, it is doubtful wh(>lher
any of the defendants can ])rolitably o])erate their wells and conduct
the salt water couiiug therefrom to a ])()int or ])oints below the
reservoir to the outside of the basin or the streams leading thereto.

31. The oil cannot ]>e produced from the said hundred foot sand
without at the same time bringing to the surfnce tlie salt water found
therein nor is it ]>raclicable to remove the chlorine or salt from the
water at an expense which Avould justify operating the wells, and
doing so.

.'^.2. The damages which would result from an order lestraining the
defendants from ])ermittiug the salt water takcm from their wells to
flow into the streams draining into the water company's source of
su]q>ly would be small in compai'ison with the loss which would
result to the water comiianv bv reason of the conljimination of such
source of supjdy and the rendering of the waters thereof unfit for
general ])ublic use.

.''>*>. In so far as the determining facts are disclosed by the evi-
dence the ])roducti(m of the wells being small and the expenses of op-
erations nocessaiy to keep tlie water flow down beiu? heavy, the in-
lury an^l dnuiage which would result to the owners of land within the
limits of the known field of productive hundred foot saud within the
bnsius <lT'ained into the said reser-voirs. from an order restraining such

No. 21.

DEPARTMENT OF FISHERIES.

177

owners from permitting salt water taken from wells therein to flow
into the said reservoirs and the streams leading thereto would be
small m comparison with the loss which would result to the w^ater
company and th(> community supplied by it, from the destruction of
the present source of water supply of the company.

PLAINTIFF REQUESTS FOR FINDINGS OF FACTS AND

ANSWERS THERETO.

"^'i.J^r Butler Water Com})any was chartered bv the Common-
wealth of Pennsylvania under the act of April 20, 1874, on the third
day of November. 1S77, to sup])ly water to the inhabitants of Butler
1 a., which IS a borough and has a population of about 20,000 people

I' -.A^n'^'^f f'^^^^* ^^'^^ ^^'^ population of the borough mav not
exceed 18,000 inhabitants.

2. It acquired property by purchase of a power house and a dis-
tributing reservoir and condemned property for a dam or reservoir
on the Connoquenessing Creek on the lands of George Reiber near the
eastern limits of the borough of Butler, together with the waters of
said stream, by proceeding in the Court of Common Pleas of Butler
County, in the year 18«0. since which time it has been continual! v ap-
propriating and using the waters of said stream as its onlv source of
supply and from that source supjdying about two-thirds of the popula-
tion of Butler for domestic use, the entire supjdv for fire purposes
sui)plying the four steam railways and nearlv all its manufactories '

Ans. Affirmed except that the facts as to the appropriation and
condemnation of the stream are as indicated in the general findinn^
of the Court. '^

3. In 1S0.5 because of extensive drilling of deep wells for oil on the
watershed above its dam or intake, it erected a large impounding,
reservoir with a capacity of 04,000,000 gallons on said stream the
Connoquenessing Creek, near Boydstown. distant about seven miles
from Butler borough and further up stream. Bv condemnation pro-
ceedings in the r^aid court in ISO.- it condemned the lands occupied bv
said reservoir and in which the condemnation also included the
stream of water therein. Said condemnation embracing- part of the
lands of the Craig heirs and part of the land of the W. B Clvmer
estate. In lOO.*^ it again condemned the lands on Thorn Run a tribu-
tary of said Connoquenessing and which empties into it about one and
a half miles north of Butler, which condemnation proceedings also
included the streams thereon. It also acquired some lands for said
purpose by purchase in fee and erected another large impoundin<r
reservoir thereon m lOO.*^ with a capacity of about 200.000,000 gallons"
This reservoir is located about three miles from Butler

Ans. Affirmed with qualifications indicated in answer to the pre-
ceeding request. ^ f^^

4. From these reservoirs the plaintilT company has at all times had
a sufficient supply of reasonably pure water except as herein below
stated and this is practically the only available source of supplv for
said company. ' ' •

Ans. Affirmed.
12—21—1909

178

REPORT OF THE

Ofe. Doc.

5. Til this territory there is a loose sand rock or stratum at a depth
of about l.lMIO feet from the surface, which is a well-delined stratum of
roclv aud is also knowu to he the depository of huge quantities of salt
water similar to the water of the oceau. Ju many ])laces oil is also
found in varying quantities in ihis rock. This salt water does not rise
and flow our naturally from wells drilled into said rock, but is
pumped or raised to the surface by machinery. The oil and water
are usuallv brought u]) together and discliarged into a tank where
they immediately separate, the oil being the lighter liquid rises to the
surface and is ciirried away by pipes near the U)\) of the tank and the
water taken in the same way from the l)ottom of the tank. This huii-
drcMl foot sand was not known as a distinctive oil bearing rock or oper-
ated as such until about eighteen or twenty years ago, although some
oil was obtained from occasional wells before that time.

Ans. Allirmed.

G. In 18!)r>, bv reason of extensive development on the watershed of
said creek, largx' quantities of salt water fouml its way by gravity
from tanks into said stream and polluted the plaintiff company's
water sujtply. rendering it unfit for use of any kind except for Hushing
sewers and lor car purposes. Litigati<m resulted from this eondiii(m
and is fully reixnted in the case known as Commonwealth v. Kussel,
172 Pa., page 50(J.

Ans. Allirmed.

7. In 11)0.") wells were diilled on a tributary of said creek called
Dulfv Kun, whicl empties into the P.oydstown reservoir. An iiijunc-
ticm'was obtained against the then owners of the wells restraining
them fi'om jtollutiiig tl)e plaintilT's reservoir with salt water. The
owners thereujKm made arrangements by which they carried or
jmrnped the sail water fr(»m their wells to a iM»int below said reser-
voir and so continued to operate their wells for about (me year, after
which the juesent defenilanis, llanratty and Liizinger 1>ecame the
owners theieof. These wells are known as the wells on the J\itzart
farm. The amount of salt water ])roduced from them is diminishing,
but they are stil. i»roducing aliout six hundred barrels ]ter day. The
salt water from these wells for about one year has been finding its way
bv ffravitv into the llovdstown reservoir and is polluting the same.

Ans. AITirmed.

8. A well was drilled on the .lohn L. Voung farm about onehalf

mile further u[» Dully llun and on the headwaters thereof, abcmt

years ago which jn-oduced about lifly barrels of salt water per day and
Hows by gravity from the tanks into Dully Kun and from this finds its
wav into Povdstown reservoir and lias luen so fiowing for one year or
more and is polluting the same.

Ans. AITirmed.

9. Two wells known as the Amy and Ilines, are located on a Inanch
of said creek calbd Lavimer's V\m, which also cmjdies into the T.oyds-
town reservoir about a mile below said well. These wells produce
about ten or fiftecr barrels of sail water per day. which Hows fnmi the
tanks by gravity, t-.nds its way into Larimer's IJun and thence into
said reservoir an<l is polluting the same.

Ans. .VfTirmed.

10. There are a nund)er of other wells on I he watershed of said
creek, most of which are known as third and fourth sand wells. The
strata fron whidi they produce oil lies deei)er than the hundred foot

No. 21.

DEPARTMENT OF FISHERIES.

179

sand and free ham salt water. From a number of these wells small
quantiries of sa!t walei- are produced and have been produced for
many years, but in quanlilie.s >^o .small that they have not hitherto
alfected and do not now seriously allecl the said water suuph
Ans. AHirmed.

11. Uy reason of the large quantities of salt water produced from
the llanratty and IJtzinger wells on the Kitzart farm, rhe Young well
on the Young fuim, and the Amy aii.l liines wells on Larimer Kun,
the water of plainlilf's reservoir at Koydstown became so impregnated
with salt water during the fall and winter of 1J)08, which was a season
of extreme drought, that the water hecame unfit for domestic use and
unfit for use in boilers, and many ot the patnms of the plaintifi: com-
pany quit using iis water and sought supplies elsewhere.

Ans. AHirmea with the addition tjiat the waters from the Kowers
and other wells cimirihuted to the impurities then found in the water.

12. The defendants, llanratty and Litzinger, drilled a well into the
hundred foot sand on the Jlutchiiison farm on the watershed of
Thome's Kun reservoir and started in to pumping about January 1,
rjOli, and have coniinue.l to operate it since that date. The well pro-
duces about threj hundred barrels of salt water per <lay, which Hows
from the tanks by gravity over the surface and a large quantity of
which has found and is finding its way through Thome's Kun into the
plaint Ill's TlK.rne Kun reservoir and is polluting that source of supply.
From the hxatioii and distance of this well from tliis reservoir, the
quantity of .salt water luoduced and the cimstant increase of chlorine
or salt in the walei.s ol ihis reservoir will soon be so seriouslv polluted
as to render it wholly unfit for domestic use and for other purposes.

Ans. Anii-med except as to present How of salt water, covered by
general findings.

]:{. The water from the llanratty and Litzinger wells cm the
Kitzait farm was carried, hy a former owner, by gravitv through pipe
lines past the Boydstown reservoir and can be so carried agaii^and at
cost that does not prohibit. The Voung well, the Amv'^and Ilines
wells, and the llanratty and Litzinger wells on the Kiizart farm and
their well (»n the llitchiiisoii farm are each and all so located that the
salt water can b* run Ir. ni ea( h by gravity to a point past said reser-
voirs and at a cost of about si,.-,(i() p,.!- n,i|,.. whic h is not unreasonable
or prohibitive.

Ans. The evidence does u<»t jusiily the alHruiaiice ol' this request
and upon this point reference is made to the general findings. ^

14. It has not been sliowii salisraclorily that either an adequate
sup])ly and, at the same lime, a reasonaidy juire supply of water can
be obtained by the {.laintilt comj.any tor' the |)uipose of its charter
fnmi the tlrilliiig or sinking of water wells, nor has it been shown that
there is any olhcr ade.nuite source of siq.i.ly available to the water
comjjany save at a <-ost that would be ahsolutelv jM'ohobiiive

Ans. A Hi lined.

180

REPORT OF THE

Off. Doc.

DEFENDANTS' BEQUESTS FOll FINDINGS OF FACT AND

ANSWERS THERETO.

1. That the oil and salt water are so mixed and mingled under the
ground that they must be pumped out together and separated after
reaching the surface ; that there is no machinery or way known to the
business of producing oil that will separate the same before reaching
the surface; that after being pumped into tanks on top of the ground,
the salt water sinks, leaving the oil on top, the salt water is poured
out upon the ground and by gravity is forced into the streams which
lead to the Connoquenessing Creek; that there is no way known to
the business by which this salt water can be consumed, destroyed,
evaporated or impounded, so as to prevent its obeying the laws of
gravitation and seeking the stream of the Connoquenessing Creek by
way of the tributaries leading, from the land on which it is produced,
to said creek.

Ans. Affirmed with the qualification that there is no available
practical way of disposing of ihe salt water aside from that indicated.

2. That during the summer and fall of IJJOS, the time when the
complaint in the bill is laid, the streams leading from the Amy and
Hines wells, from the Yo.ng well and from one of the IJowers wells,
were totally dry, and that there could not be, and was not any salt
water flowing from any of said wells, or through any of said streams
into the plaintiff's reservoir.

Ans. Refused. Upon this point reference is made in the general
findings.

3. That in the case of the Litzinger wells on the Ritzart farm the
salt water, after being sei)arated from the oil, is returned into the
bowels of the earth, on the outside of the casing, to a possible de])th
of six hundred feet; the said process has been employed for a period
of two years; and that the salt water from these wells is not, there-
fore, discharged into the streams nor into the i)laintiH"s reservoir.

Ans. Refused. Upon the subject reference is made in the general

findings.

4. That in the case of the Litzinger well on the Hutchinson farm
the same is located about fifteen hundred or two thousand feet from
any stream; that after the salt water is sei)arated from the oil at this
well it is discharged ujxm the ground, where it flows over the surface
for a possible distance of from five or seven hundred feet, and then
soaks into or is absorbed by the ground; and that the salt water from
this well does not and never has flowed into the stream or into the
plaintiff's reservoir.

Ans. Affirmed excei)t as to concluding statement. The facts re-
lating to such statement are covered by the genei-al findings.

5. The said creek and its tributaries are the natural channels into
which the salt water produced by defendants in their oil oi)erations
flows and by which it is carried away.

Ans. Affirmed.

6. That the plaintiff company can at a reasonable cost and ex-
pense supply the inhabitants of said borough with a full and ade-
quate supply of pure and wholesome water from sources outside and
independent of said Connoquenessing Creek.

Ans. Refused.

No. 21.

DEPARTMENT OF FISHERIES.

181

7. The plaintiff company, by laying a line to the Connoquenessing
Creek above the point where the salt water reaches it, can there pro-
cure as large a supply of water in the summer months as at the point
where its plant is located and as of good quality as the said creek will
afford; and the water supply for said town being a constant and
known quantity it would be more profitable and less expensive for
said company to do so than for defendants to collect and care for the
salt water which is an unknown quantity, uncertain in amount and
changeable.

Ans. Refused.

8. That the defendants are engaged in a legitimate business, which
they are conducting in a legal manner without malice or negligence
and at the only place where said business can be carried on, and it is
not through any neglect on the part of the defendants or their em-
ployees that the salt water finds its way from their wells into said
creek. That the expense of preventing the damage, if any, resulting
from the operating of the wells of defendants is such as to*^practically
counterbalance the expected benefit and to be i)rohibitory by reason
of such expense of the further operations of said wells.

Ans. This recjuest involves conclusions of law as well as fact. As
a whole, it is refused. The concluding statement is alfirmed as being
probably true.

y. That prior to the time the plaintiff company began using said
creek as a water supply, to wit : In the year lcS78 the watershed of said
stream was then being operated for oil and had been so operated for
a number of years, to wit: Six years prior thereto, and that there
were upwards of three hundred wells producing oil and salt water in
large (luantities, both from the -hundred feet" and lower oil producing
sands many of said wells producing more than one thousand barrels
of salt water per day, all of which flowed into said streams whereby
the waters of said stream were for a long time ccmtaminated by the
drainage from the wells then drilled on said watershed; and that at
the time the said water company began using the waters from the
Ccmnoquenessing Creek; that watershed whereof was a large <level-
oped oil producing territory; and that the pumping of salt water in
said Connoquenessing Creek began in the year 1872.

Ans. As early as 1872 oil developments began on the upper water-
shed of said creek, but the oil was obtained generally in other than
the hundred foo^ sand and the water of that sand was usuallv shut
off by casing or a packer. There were occasicmal wells pumped from
the hundred foot and lower sands at the same time and the flow of salt
water from these was in exceptional cases large, but at the time of
the location of the reservoir at Roydstown the number of such wells
was so limited and salt water from all wells in the upper valley was so
limited in quantity as to not eflect the practical purity of the water at
the site selected for the reservoir. As thus modified the request is
affirmed.

10. That the business of producing oil in Butler county has been a
great benefit to the citizens thereof and millions of dollars' worth of
oil have been ]>roduce(l within her borders and the said business can-
not be carried on without in a greater or less degree impregnating'
with salt the waters of the stream in the watershed so operated. *^

Ans. The first i)art of this request may be affirmed on common
knowledge, but it is without supporting proofs in the record. The

182

REPORT OF THE

Off. Doc.

latter part of the request is atlfirnied as being generally true to some
extent.

11. At and prior to the time the Butler >>'ater Company estab-
lished its plant i;nd began supplying the water to the inhabitants of
said borough it was a fact of public notoriety well know u in the com-
munity that the business of o]>erating for oil was one of the principal
industries of Butler county, and that the watershed of said creek had
been and was still being operated for oil and was a develoi>ed oil
producing territory and was an extensive oil producing territory for
six or seven years prior thereto.

Ans. This request lacks supporting proofs excejM that the upper
portion of the watershed was developed and producing oil territory
and has been for about six years. To this extent only the point is
affirmed.

12. That the salt water produced by Iho defendants and others
which has tlowed into the Connoquenessing Creek is not unwholesome
in itself and has not produced and injurious elfects on the general
health of the Borough (d' liutler; and that there is no appearance or
detection of salt at any time in the water as furnished to and used by
the citizens of Butler to a perceptible or injurious extent.

Ans. This re(iuest covers facts not jiroven. Dr. Ilockenberry says
that salt in water makes it unpalatable and if the percentage were too
great it would lu' injurious to he;dth, bin what such ]>ercentage is he
states he does not know. Whether or not the water coming from de-
fendants' well is or is not injurious to health is not shown. The re-
quest as a whole Is refused.

lo. That the said defendants and r>thers operating for oil in the
sauie vicinity of the watershed of the CNmnoqucnessing Creek, in what
is known as "hundred foot" district thei-eof, are the owners of large
bodies ol" lejises tor oil ]nnposes aggregating several thousan<l acres,
and hnve already invested large sums ol' money for the i)urpose of de-
veloj)ing the same for oil from the '-hundred foot" and other oil pro-
ducing sands, estimated at over a million dollars.

Ans. Kelused. No evidence is recalled which will sustain it.

14. The defendants and said other persons are developing said
territory and oju rating thereon in the usual and ordinary manner of
developing and operating "hundred fool" leirilory.

Ans. The manner of operating and develoi>ing hundred foot terri-
tory outside of the i;arlicular Held in quesiion is not shown. The
defendants and those opei-atiug in this lield a])pear to follow the same
methods.

15. There is no known method by which the oil can be produced
and ])umped front the "hundred foot'' sand or oil bearing rock without
at the same time and with the oil, ]U'oducing and j)umpjng to the sur-
face the salt water contained in said san<l or oil l)earing rock.

Ans. Affirmed.

1(5. That it is im]»racticable for the defendants and otliers operat-
ing and developing said "hundred foot" territory to care for the salt
water necessarily ])ro<luced at any reasonable cost or exjiense; and to
requii^e them lo <lo so would be in effect to ]>rohibit the ]»roduclion of
oil in that field.

Ans. Where the wells are snuill, having no greater production than
those owned by the ilefendants and located as are those of llanratty
and the Litzingers and Amy and Mines and Young this would api)ear
to be true. The Bowers wells could probably be profitably operated.

No. 21.

DEPARTMENT OF FISHERIES.

183

17. That neither of the defendants in this bill nor othes operating
in the same territory are vested with the right of enunent domain and
have no right to enter upon or cross the lands of other persons for the
purpose of piping away the salt water produced by them to a point
below plain till company's i>lant, which fact, in the absence of the con-
sent of the iniervening land owners, rendeis their doing so a legal im-
possibility.

Ans. AlTirmed.

18. Even if the defendants had the right of eminent domain, yet
the uncertain and ever-increasing amount id* salt water to be taken
care of would render it impracticable so to do inasmuch as any pipe
line constructed for that purpose would have to be of sufficient ca-
pacity to accommodate the prospective increase of salt water from
the unknown number of wells that may yet be drilled, and the salt
water would refpiire to be collected by lateral lines over a large extent
of territory, to wit: over thirteen thousand acres to each producing
well and carried in this way to the common conduit, and this in turn
would recpiire the joint harmonious and voluniary action of all the
producers, both j resent and prosjiective, in that territory and would
have to be carried to the Beaver Biver.

Ans. This assumes that water lines would have to ))e extended over
tliis entire watershed (d the creek which is not warranted. Otherwise
the request is affirmed.

19. Even if the salt water were being taken care of and could be
taken care of in some ju-actical way, yet the unavoidable leakage from
the pipe line conducting the same away from the lease and from con-
nection and tanks al)out tlie wells from tearing down the tanks from
the bailings and sand pumjts of the wells and other necessary wash-
ings from and about the wells, would of itself be sullicient to contami-
nate the waters of the creek.

Ans. refused.

20. The defendants in carrying on iheir business of operating for,
producing and developing oil, are doing so in such a manner as to do
the least harm consistent with the natural u.se of their own property,
and Litzinger, llanratty cV: Company have already expended upwards
to one tlKMisand dollars for equipments, ajjpliances and things neces-
sary in their elforts to prevent and avoid any injury or <lamage to the
l»laintilV company by reasiui of said operations.

Ans. Assuming thai pumping the salt water up(m or into the
ground is a natural use of their projK'rty, this point is alllrmed, ex-
cept as to the amount exjx'nded by II aurally. Litzinger ^V: Company,
which is nor <lelinilely known. But it is not understood thai such
pumping of salt water is a natural use of the land.

21. 'that the defendants or ihose claiming under them since the
answer in this case was tiled, cainiot avoid the injury if there be anv,
indicted uptm the Butler Water CNmq^any and inhabitants of Butler
Borough, who are consumers of the waters furnished by the said com-
pany without abandoning the use of their property or an (uillav of
ex|>ense, which would juaclically more than counterbalance the ex-
I>ecte(I prolil or benelil to be derived from the development for oil jmr-
poses of the land on which the wells are siluale.

Ans. Alliiiiu'd as hereiid»efore indicated.

184

REPORT OF THE

Off. Doc.

22. The defendants are operating their welLs in producing oil from
the "hundred foot" sand in the ordinary and usual manner, that being
only the natural use and enjoyment of their property without negli-
gence or malice. As the operations of the wells c«mliuue the value of
oil increases and the volume of salt water decreases, this being
emptied upon the ground llowed by the natural touise of gravity into
tributaries of the Connoquenessing Creek.

Ans. The request embraces several propositions. The first, that
the defendants are operating their wells in the usual manner of oper-
ating oil wells is affirmed. That they are so operating them without
actual malice, or what is termed illwill, towards the water company
is also affirmed. Whether or not they are operating ihem without
negligence or without malice in its broader sense are rather legal
questions arising upon the facts found and reference is made to the
discussicm and legal conclusions. The latter part of the request is
affirmed as being; liteiallv true of the wells in the localitv.

23. That to enjoin the defendants from pouring out the salt water
so raised with th(; oil from underneath the ground to its surface would
be to enjoin them from drilling for and producing iheir gas and oil,
and elfectually deprive them of the use and enjoyment of their private
property and be taking and applying it to public or ]»rivate use with-
out authority of law and without just compensation being first made
or secured.

Ans. This, as a request for the finding of a fact is refused. It is
a request for a legal eonclusitm and is refused as such.

24. That the only known method by which the salt water can be
conducted around the plaintitt's dam is by i)ii)e lines; that the cost of
constructing such lines would exceed forty-seven hundred dollars per
mile, and that such pipe lines would have to be reconstructed at inter-
vals of not more than a year or fifteen months by reason of the action
of the salt water in eating out and destroying the j)ipes.

Ans. This request, as a whole, is refused. The ( ost per mile under
the evidence would not be nearly as much as stated aiul the pipes
generally would last hmger than staled, the length of service dei)end-
ing to some extent of course upon the character and quality of the
pipes used.

25. That the price of oil is |1.G3.
Ans. Affirmed.

2G. That the daily output of the Bowers' wells is alxmt two barrels
of oil and sufficient gas to operate his wells; and that his loss if he is
compelled to take care of his salt water would be a total loss to his
property estimated at $8,()U0.O().

Ans. Kefused. There would not be a total loss of his property and
the damage to him Avould not be nearly |8,(I0().()().

27. That the daily output of the Amy and 1 lines wells is about two
barrels of oil and sufficient gas to operate the wells; and that their
loss, if they are compelled to take care of the salt water, would be a
total loss to their property estimated at |2,000.0() or J$2..500.0(l.

Ans. Refused The loss would not be a total and would be less
than $2,000.00.

28. That the daily output of the Young farm well is about two
thirds of a barrel of oil and enough gas to operate the well, furnish
two houses with light and heat and light his premises about the well

No. 21.

DEPARTMENT OF FISHERIES.

185

and house; and that his loss, if he is compelled to take care of the salt
water, would be a total loss of his oil property estimated at $2,000.00
or $2,500.00.

Ans. Refused. The loss would be less than $2,000.00.

29. That the daily out])Ut of the l.ilzinger ^ Uanratty wells on
the Kitzart farm is over four barrels of oil and sutficient gas to run
the wells, steam the oil, light the i>remises about the wells, light
and heat the pi!mi)i'r*s oiliee, and a sur])lus of gas over and above these
uses of 29,200 feet per day valued at nine cents per thousand feet at
the wells. That the daily output of the Litzinger & Uanratty well
on the Hutchinson Farm has run as high as twelve barrels of oil with
sutficient gas to operate the well, steam the oil, light the premises
about the well, and a suri)lus of gas over and above these uses of 10,000
feet per day valued at nine cents i)er thousand feet at the well. That
the total loss to Litzinger ^ Uanratty if they are compelled to take
care of the salt water would be a total loss of their property esti-
mated at from twelve to filieL'u thousand dollars.

Ans. This request is regarded as placing- the quantities of gas
which might be nuirketed as loo high, also the (juantiiy of oU produced
from the Hutchinson well is too high and the loss on both wells as
too high. The oil produced froui the Hutchinson well is not shown
and the evidence does not wararnt a finding that it is twelve barrels
per day. The loss of these owners (m their three wells, if restrained
from pumping the salt water upon the giound or disposing of it as
they are now. would be several thousaiul dollars, but cannot be de-
termined definitely from the j)i()ofs.

30: That the plaintilV never ajipropriated the waters of the Ccm-
noquenessing Creek or Thorn Kun or their tributaries in pursuant
to charter rights and under any right of eminent domain, and never
exercised any right of eminent domain in taking the waters of said
stream or either of Ihem; and never condemned sai<l streams of anv
branch of tributary of the same; and never paid nor secured the
payment of any damage that miglii result fi-om the taking thereof
to the owners of the land through which sai<l streams fiow; and that
the plain till" company lias ik) other ;jii-eater rights to I he waters of said
streams than as rij>aiian owners; all of which sai<l facts have been
adjudicated by this Court in the Cas Company vs. The Water Com-
pany reported in 5 Su]K'rior Ct. Kep. 5(>3.

Ans. The latter ])art of this re(iuest raises a question of law not
of fact. The particulars as to actiim taken iclative to the condem-
nation of lands aiid streams are stated in the general findings to which
reference is nmde. As made and as a whole the re!|uest is refused.

31. There was no resolution of the board of directoi-s of the plain-
titt' com])any appro]»rialing any of Ihe streams, no oll'er to agree with
the ui)j»er riparian owners of land draining into ConnoqiuMiessing
Creek, Thorn Ifun or anv other trilmtai'v; or tender scciiritv made.
The plaintitf comi>any nunle no entry ui)on the defondant's lands and
no such physical occupation of the streams themselves as would in-
dicate any certain intention to take or continue in the ])ermanent
possession of the streams and water or to take such quantities as
would work substantial damage to u|)])er riparian (jwners.

Ans. This request covei's several distinct ])i'o]»ositions. The evi-
dence discloses no resolution of the lioard of Directors. With this
modification the first part of the request is affirmed. U is also true

186

REPORX OF THE

Off. Doc.

lliat the plaintitr coijipany made no entry upon the defendant's lands,
but il is round to be not true tliat the company took no such physical
occupations of the streams themselves as would indicate a certain
intention i(» continue in the permanent possession tliereof. How the
taking of water from a stream by a lower riparian owner could work
substantial or an\ damage to upper riparian owners is not apparent.

ol'. That the iJuller Water Comi)any since about December 1,
1N78, has been liirnishing water from said Connoquenessing Creek to
the inhabitants of Butler IJorough, and is now furnishing water from
said source suitable for d(miestice and other ordinary uses, in fami-
lies, hotels and factories for domestic and steam purposes to the in-
habitants of said Korough, and to private corporations, and to the
municipality itself, for lire and for sewer purjioses, and to the County
of Butler for its use in the Courthouse and Jail, and to the railroad
companies for use in their locomotives, and that there is no im-
purity therein caused by the defendant operators, and no recent com-
plaint from any of said users about the water; that the taste of salt
water is imperceitlible by the consumers, and the water is not injuri-
ous to the consumeis by reason of any salt that luight be therein.

Ans. The lirs! part of this request is alTliinied, but the statement
that there is no impurity in llie water caused by the def( ndant opera-
tors is not approved. Whether or not there was at the time of the
hearing, or had there been recent com];laints al)oul the water was
not a fact in issue, nor was there special iucpiiry on the subject. It
does appear, however, thai some of I hem «h'clined to use the water
for drinking purposes. It was not then claimed that the salt in the
water was peireptible to the taste, but analysis of the water then
recently made sliov.ed the presence therein of rhlorine in qiuintities
largely in excess of that found in pure or ordiuary water. Whether
or not such (piaulity would lie physically injurious to the consumer
does not aiiju-ar. One witness called by ihe (lefendants sai<l he did
not know the iK'icenlajAe of salt which would lender drinking water
injurious to hejiltli, but tlumght it would not be so if the salt were
not percei)tail)le lo the taste.

o.*i. That the water of said stream was. loug prior to the drilliu"
of the wells of the deCendants in (piesiiou, com|»lained of, and hmg
prior to the use < f the said streams by the plaint ilf in 1S78 an<l have
ever since been iinju-egnated by salt and brackish water from oil
and gas wells drilled in sai<l watershed from «lwr or salt licks in
said watershed as well as sulphur and other brackish waters from
coal mines, swamps and marshes, and that if the waters were or are
imj)regnated as alleged by the j>lainiiir such imjtregnat ion is trace-
able to such sources and is not due to the defendjints' wells as com-
plained of.

Ans. llefused.

;>4. TIk' weather in the summer and fall of 1!M)S was exceeding! v
dry. For a long time there was but little rain. One of the effects of
the diought or a long jM'riod of dry weather on water is to increase
the amount of jiercentage of mineral matter in it. In time of drought
the i)rocess of evaporation being more rapid than during wet seasons
and thei-e being no increase by rain, a large jtercentage of mineral
matters remains and cause the water to IxM-ome hardel*. The mois-
ture or watery ]>art of the water would evaporate and the mineral
part remain, therefore, the iiercentage of the mineral part increases.

Ans. Affirmed..

No. 21.

DEPARTMENT OF FISHERIES.

187

35. Water containing two hundred and ninety parts salt to one
million i)arts Avater is not injurious to health of consumers. Salt
in the water from the plaintitrs reservoir is not perceptible to the
taste and water with salt not perceptible to the taste is not injuricms
to consumers.

Ans. Kefused for want of evidence to support it.

30. That the salt water jiroduced from the "hundred foot'' sand
cannot be relieved of its salt properties by subsidence, filtraticm or
any other known process by the operator above draining it into the
streams.

Ans. Affirmed.

37. That the plaintifl" company is not an incorporated comj)any
possessing the right of eminent domain under the laws of the State
of Pennsylvania; and which fact is essential to its rights to maintain
this action; and that the Court cannot assume, without proof, that
the same is a corporation.

Ans. The fiist part of this request is refused. The latter part is
affirmed.

MS. That the plaint ilf comi>any is furnishing large quantities of
water to the town of Lyndora, the village of North Butler, and to
the Bulfalo, Boihester an<l I'ittsburgh K'ailroad C<mipany for use
in its locomotives and round houses, and that all these places are
located outside the municipal district wherein said company is lo-
cated, to wit: the Borough of Butler.

Ans. Affirmed,

Discussi<m and Legal C(»nclusions.

No question aiises in this case as to the rights of ujqjer riparian
owners. The defen<lants are all owners ami occupiers of land above
the works and reservoirs of the j>laintitf company. There has been
no taking or diversion of water from them or from their premises.
The complaint of the bill is that they have been infringing upon the
rights of lower owners by contaminating and rendering imi>ure the
waters Mowing from and over their ])remises to those below. The
water which Hows over and from their premises does not belong to
them. "There is no such thing as ownership in flowing water. The
rijjarian owner may use it as it flows. He may dip it \i\) and become
the owner of it by ccmtiuing it in barrels or tanks, but so long as
it flows it is as free to all as the light and air." Ilaupt's Apiieal,
1L\") Pa.. LMl.

The facts relative to the approi)riation of the waters of thi^ streams
in question are indicated with some detail in the foregoing findings
of facts. As to some of the lower owneis danmged by the diveision
of the waters of the stream there has been a valid appropriation
thereof, and they have been conij^ensated in damages tln^-efor. There
may be others who were or are entitled to damages, or who have
standing to object to the approjiriation of the waters of the stream
who have not been comj>ensated. But if there be su<h, they are not
parties to these jn'oceedings. Since the act of ajqu'opriation by
water comi)anies, as by railroad comjjanies. it is the act of the
com]»any. and the law makes no j)rovision for a record thereof either
by filing a draft or an instrument of appropriati<m, defining with
I>recision the extent boundaries, location and purpose of the ])ro])erty
taken, the evidence tln^reof is ordinarilv in the keeidng onlv of the

188

REPORT OF THE

Off. Doc.

company exorcising llio liglil. Heise vs. Penna. li. R. Co., G2 Pa.,
72. And since in iliis case no act of (he conipanj' lias been otl'ered in
evidence there is notliing to indicate the extent of the company's ap-
propriation, exiei)l I he records referred to, together with proof of
the fact that for many years there has been an open appropriation of
the waters of the stream, and tliere is now no complaint concerning
such apitropriatlon by anyone having status to object thereto. If
occasion shall arise and apj)r()i>riale complaint shall be made by
lower riparian owners their rights will no doubt be determined, but
in this proceeding they cannot. The jilaintiir company must, there-
fore, be regarded as in the lawful exercise of its rights in using the
waters of C(mnoquenessing Creek, to sui)ply the inhal)itants of the
P.orough of liuiler witii water in pursuance of its corj)orate dut^'.
Cas Comi);my vs. liutler NVater (.'(imjiany 5 Sup. .")(;:{ cannot be re-
garded as an aiahoriiy to the contrary since the couijdaint there
made was by a lower riparian owner whose rights had been invaded
by a diversion of water to the natural How of which in the absence
of a legal ccmdemnation or puichase it was entitled over its premises.

;\or is the question raised by the pleadings <me between private
interests or persons acting only for and on behalf of ihemselves, such
as arose in Coal Co., vs. Sandeisdu 11:5 Pa., 12G; Collins vs. Char-
tiers Valley (las Co., i:n Pa., 11:1: Pfeiller vs. lirown et al. 105 Pa.,
207, and other cases which might be cited. In the tirst of these
cases it is said that "Every man has the right to the natural use
and enjoyment o.'' his own jtroperty, and if, while lawfully in such use
and enjoyment without negligence or malice on his ])art an unavoid-
able loss occurs to his neighbor, it is (bntnimii ahs<jiic injuria." In
the second it is said that "the use which indicts the damage must
be natural. ]!roper and Tree from negligence and the damage un-
avoidabl(\" Following this in PieilVer vs. llrown it is said that "the
right of th(^ ui»j)er land owner to discharge water on the lower lands
of his neighbor is in general a right of ilowage only in the natural
ways and natur il (juantities. If he alters the natural c«»nditi(ms so
as to change the conr.se of ilie waters or concentrate ii al a i)articu-
lar point or i)y artiticial means increase its volume, he becomes
liable for any injury cai:sed thereby." Citing Addison on Torts,
Sec. 28:{, Ed. ISlll. 'lu this case it is held that where jiarties "by
drilling a well and ]>um])ing increased the aggregate (juantity of
water discharged, c(tncentraied it at an artificial ]»oint of How and
changed its character from fresh 1v 'n^; vl>'^reSy it becomes injuri-
ous" to land below, they were prima facia liable and that the burden
of i)roof was ujton tliem to show some reason why the general rule
should not a]>]dy.

The defendanis have endeavored to meet this burden by proofs
of facts which would bring th'iii wilhin the exce]>ti(m to the rule
recognized in Coal vs. Sanderscm wherein it was held that "to en-
courage the develo]»ment of great natural resources of a country
trifling inc(tnveniences to ]»articu!ar ]>ersons must sometimes give
way to the necessities of a great community," and therefore that ''the
use and enjoyment of a stream of pure water for domestic pur-
poses by the lower riparian owners, who purchased their land, built
their homes and laid out their grounds before the opening of the
coal mine, the acidulated waters from which rendered the stream
entirely useless for domestic purposes, must ex necessitate give way

No. 21.

DEPARTMENT OF FISHERIES.

189

to the interests of the community in order to permit the development
of the natural resources of the country and make possible the prose-
cution of the lawful business of mining coal." Syllabus Coal Co. vs.
Sanderson.

If the pending case was one between the water company and the
defendants the proofs and the facts found fail to bring it within
the exceptiim recognized in the case cited. The plaintiffs there
suffered only a private inccmvenience and the damage done was such
as to affect them only and not the public. The defendant, on the
other hand, was engaged in a lawful business in which it has made
large expenditures and in which the interests of the entire community
were concerned. It was held that the public interests should be
conserved and that those of individuals should be subservient thereto.
But in that case it was said: "We do not say that a case may not
arise in which a stream from such polluiicm may not become a nuis-
ance and that the public interests as involved in the general health
and well-being of the community may not recjuire the abatement of
that nuisance," thus, in a way, foreshadowing the present controversy
and intimating that even the great coal mining interests there in-
volved might, under special circumstances, be suppressed in the in-
terest of the greater community dependent upon waters contami-
nated by the mines. Here it cannot be said that the defendants
occupy the same relation to the water company that the coal com-
pany did to the Sandersons. The situation is just the reverse. The
public interest to be conserved here is the right of the community to
an adequate sup])ly of ])ure water, a prime necessity of life. The
defendants are, it is true, develojnng the natural resource of the
locality, but it is in a very limited way, the production and the net
jirofits to be derived therefrom being necessarily small and the
business being of no more imj/ortance to the community than various
others involving a like investment of ca])ital might be.

But this is not a case between the Water Company alone and the
defendants. The Commonwealth at the relation of its Attorney
General is a party. "The furnishing of water to the public is like
the furnishing of light and heat for domestic ])urposes, a public use,"
Mills on Eminent Domain, Par. IS: the importance of which is recog-
nized by the Legislative Department of the government in granting
to the cor])orati()ns organized to sup]>ly or ])rovide for this public
use authority to exercise, as the liei)i'esentatives of the Comnum-
wealtli, the right of eminent domain. "By reason of this public in-
terest in the business of the company, the state assumes a visitorial
control over it, inquires into the quantity and quality of the water
furnished bv it and makes such orders as mav be necessarv to secure

• • •

for the i>ublic a wholesonu* and an adequate sup]dy. The business
of the oil and coal o]>erators is a ])rivate use. Such business has
a certain relation to the general volume of business being carried on
in the region, but it is not to be distinguished from the ])roduction
or manufacture of otluM- commodities in connnon use and that enter
into the commerce of the country. Such o]»erations may be begun or
relinquished, increased or diminished at the will of the operator
without ])ublic control or interference; but the su])i)ly of water, light
and heat are necessary to the health and comfort of densely populated
districts and is not left to the absolute control of the companies un-
dertaking to provide. The state in the exercise of its police power as-

190

REPORT OF THE

Off. Doc.

sorts its lif'ht to inquiro into the ofruiciioy anr] ijood faith with which
the public use is scivod, aud to coiroci through Uic courts any defects
or abuse in the conduct of the business of ,i»atherin^^ or distributing
the supply, or of securinj-- a (pianlity of the coniniodily furnished
that is suitable for use." (Vsninion wealth vs. Kus.sell, 172 Pa., 518.
The issue here is between the defendants on the one side and a cora-
innnity of probaldy not less than lMl,(lO(l peoido of the other, and the
interests to be eonsidcicMJ are those of the <l(*fendan!s as hereinbefore
described, and a limited number of others, probably similarly cir-
cumstanced, on the one hand and the ]>ublic with its multiplied and
varied iniei-ests and capital invested in homes, manufactories and
tiansportalion facilities, to say nothing of their health, security
and well being, on tlie other.

The (pieslion raised by the ])leadings, characterized in Coinm. vs.
Ilussell, is one of "very grave c<mse(iuence," apjiears not to have
been fully ami auth(»ritat ively detei-mined by the ap]>ellate Courts
of tlie State, but the trend of reasoning found in the <leliverances of
the Court in the Kussell case just cited, and that of Hiyner vs. Water
C(»m}Kiny rej.orled at Page 4S1) of the same voluuie. as well as
the suggestion cpioted from Coal Coni]»any vs. Sanderson, ajtpear
to be signiticant as indicating that in th(» opinion of tbat Couit the
weal of the public slKU'.ld be a coulrolling consideration rather than
that of a small niMuber of individiials engaged in private enlerpiise.
To so rule imorporales no new principle into the body of the law
since Sir ntrrc fuo non <iJi aJicuuni Jardas but expresses an obliga-
tiori which is inseparable from the organization of civil society.

The gi-avamen (d" ilie com]>laint against the «lefen<lanls is not neg-
ligence. It is fun<lamental. Tlieii- right is challeng-d. The right
<d' a rijtarian owner in ])ollule the waters of a str.'am which Hows
over h's land is not among the {>rivileges which belon-.- t,, i,,',,! eiiher
as a citizen of the Stale or of the I'nited States, lie must, unless
he brings himself within some exception to the rule, permit the
water to (low, subject (o dlminuti(»n of (piautilies for his reasonable
use in its natural channels unp(>llute(l to the lower owners, and a
failure to do so is actionable.

romm. vs. Kmmens. :\:\ Sup. l.'!. To jKdlute Avaler so tlowing is
a nuisance and for an actual nuisance there can l>e no excuse. Care
and skill is no defense and erpiiiy will enjoin it at the suit of a
jM-ivate ]»arly. K'arich vs. Smith .', 1). K. ."):;(). -Any diversion or
obstruction of tlie water which substantially diminish<»s the V(»lume
of the stream so that it does not How cinrcve sohhair detiles and cor-
ru|>ts it to such a degiee as essentially to im]>air its j)urity and pre-
vent the use of if for any reasonable and ju'oper ])urposes, to which
running water is usually applied, such as irrigatirm, the ])ropulsion of
machinery or consumption for tlomestic use, is an infrinuvment of
the right of other- (iwuers (»f lan<1 tlii<>ugh which a water course runs
and creates a nuisance for which those injureil thei-ebv are entitled
to a renuMly." Merritield vs. Londiard, 1.'] Allen ( Mass, i Kl; !l(l Am.
Dec. 172.

As hereinbefore indi<aled in the quotation from Comm. vs. TJussell
it is in the exercise of its ]»olice ])owers that the State intervenes in
such cases on behalf of the public. Such being the case and since
no action lies against it, the ComuK.nwealth, for damages, it would

No. 21.

DEPARTMENT OF FISHERIES.

191

ai)pear to be immaterial under the facts found whether the wells in
question were drilled before or after the location of the reservoirs.
If the ]>ublic interest requires it their owners will be enjoined without
reference to that fact. In this connecrion, however, it should be
noted that with ])ossibly one exception (one of the Howers wells)
the wells concerning which complaint is made were all either drilled
since the location of the reservoirs or were put in operation by the
defendants after their respective j urchase of them. The investments
were thtuefore made by them in the face of knowledge of the situa-
tion and that their right to operate them in the manner in which
they have been operated would be challenged. This tends to mitigate
any apparent hardship which nuiy result to them by reasim of the
conclusion rea<hed therein and the decree which follows.

It niav further be renmrked that if no othei- wells than those con-
cerning which complaint is now nmde were drilled in the vicinity
the evils comydained of might continue for a time without reason
to a})prehend special danger or inconvenience except during the dry
season of the year, and the How of salt water might gradually de-
crease. But if this were j)ermitted an«l the way clear for general de-
velopments in the ]>articular lield it is but reasonable to conclude
and assume that within a comparatively shoit time the entire basin
would have to be abandoned as a source of supply by the plaintiflf
comj>any. This fact was recognized in llryner vs. the same com-
j>any. supra, when in connnenting upon a like determination that the
defendant (here the Water Comjiany i and the jjublic are alike remedi-
less, and that the pollution of the stream must go on without check
or regulation by the Courts, just so long as it may suit the land-
owners to pump salt water into it. The result will be the practical
confiscation of the entire plant of the water comjjany and of the
natural water su]>]dy for ten (now twenty i thousan<l ])eople, for
the benetit of a few persons. In this event the c(mii)any may be
conq»elled by its own necessities to elect whethe!- it will go out
of business or seek some new and indepen<lent suiiice of supply."

PLAINTIFFS REQUESTS FOR CONCU'SIONS OF LAW AND ANSWERS

THERETO.

1. The ]»umping of salt water by defendants from their wells
which then finds its way into the Boydstown and Thorn Run reser-
voirs of the Butler Water Company to the extent proven in this case,
is a public nuisance per se, and the public interests require the abate-
ment of the nuisance.

Ans. Atrirmed under the circumstances covered by the facts found.

2. While it may be true that a mere tritling, ])ers<mal, ])rivate in-
convenience must yield to the necessities of a private enterprise
subserving a public interest, such as the oil business, and that lower
ri|>arian could not recover for such inconvenience, yet where in this
case the nuisance is a public one it should not be continued for
private gain. The rights of the public are su]>erior to those of in-
dividuals.

Ans. AfTirmed.

8. The fact that the water furnished by the Butler Water Com-
pany is not absolutely pure is no excuse for the contamination of the
streams bv defendants. It nuw have been contaminated scmiewhat

in *

192

REPORT OF THE

Off. Doc.

by water from coal mines, by salt water from oil wells, or by other
causes, but if it was fit for boilers and for domestic use, though
not chemically pure and was safely used by the public, and if the de-
fendants by pumping additional salt water into it contributed such
impurities to it as substantially to impair the value of the water for
the ordinary purposes of life and rendered it measurably unfit for
domestic or industrial purposes or impaired its comfortable or
beneficial enjoyment, it is no answer to the public that it had pre-
viously been contaminated. Adding such impurities by the defend-
ants is a public nuisance which should be enjoined.
Ans. Affirmed.

4. The State having intervened in this case, the rights of the public
are involved and the rights of the plaintiffs are not to be measured
by the rights of the riparian owners.

Ans. Affirmed.

5. Whether the Butler Water Company might by abandoning
the use of Thorn Run and Connoquenessing Creek and by drilling
wells obtain a new and better sui)ply of water, is not involved in this
case. The question at issue is the right of the parties to the bill in
those streams.

Ans. Such question is not involved as a controlling one. It is in-
cidently involved and proper for consideration in cimnection with
and as a part of the general situation. As thus qualified the re-
quest is affirmed.

6. The rights and duties of the defendants are measured by those
of riparian owners and as against the rights of the public, it is the
duty of the defendants to so use their property as not to impair the
water of the flowing streams so that it becomes unfit for domestic
or industrial purposes.

Ans. Affirmed.

7. Under the facts in this case it is no excuse for pumping salt
water in the streams that i t is too expensive to save the small amount
of oil produced to pipe the salt water below the reservoirs of the
Butler Water Company, the comfort and health of a large com-
munity and the industrial welfare of the ]mblic are not to be put in
jeopardy for a trifling pecuniary gain to individuals.

Ans. Affirmed.

8. Under all the facts in this case the defendants should be re-
strained from polluting the streams from which the people of Butler
take their supply of water.

Ans. Affirmed.

DEFENDANTS' REQUESTS FOR CONCLUSIONS OF LAW AND ANSWERS

THERETO.

1. The defendants have the right to the natural use and enjoy-
ment of their own property and if while lawfully in such use and en-
joyment without negligence an unavoidable loss occurs to the plain-
tiff, it is damnum ahseque injuria. Where conflict is irreconciliable
the right of the defendants to use their own property must prevail.

Ans. Affirmed as a general proposition applicable to controversies
between individuals.

No. 21.

DEPARTMENT OF FISHERIES.

193

2. The right of eminent domain is one arising only on the basis
of necessity. The plaintiff can furnish a necessary supply of water
to properly serve the people of Butler in other ways without de-
priving the defendants of the use and enjoyment of their property,
even if more expensive, it cannot interfere with or disturb the defend-
ants in the pursuit of their lawful business in a lawful way. There
must be a necessity arising from the very nature of things over which
the plaintiff has no control, it must not be a necessity created by the
company itself for its own convenience or for the sake of economy.

Ans. As applicable to the facts in this case this request is"^ re-
fused.

3. The expense of preventing the damage from the salt water find-
ing its way into the tributaries of the stream supplying the plain-
tiff's reservoirs with water, is such as practically to counterbalance
the expected profit or benefit from the wells, and it is clearly un-
reasonable and beyond what the defendants could justly be called
upon to assume, and is not an injury which will sustain an action.
Pfeifer vs. Brown 165 Pa. 267.

Ans. Refused.

4. The plaintiff is selling and furnishing water from its reservoir
to the hotels, families and people of Butler for cooking, drinking
and other purposes, which water does not exceed two hundred and
ninety parts salt to one million parts water. The taste of the salt
therein is not perceptible or injurious to the health of the consumer,
and is not such pollution as contaminates or injures the water suffi-
ciently to warrant an injunction as prayed for bv the plaintiff.

Ans. Refused.

5. The plaintiff being a corporation under the laws of this Com-
monwealth, with power of eminent domain has not exercised that
right of condemning the property of the defendants and paving for
securing to them just compensation for the propertv taken,' infured
or destroyed as required by law, therefore, the Court cannot in this
proceeding restrain or enjoin the defendants as praved for Plate
Glass Company vs. Butler Water Co., 5 Sup. Ct. Rep.' 563.

Ans. Refused.

6. This being a proceeding in equity the plaintiff companv must
establish a clear equitable right to the remedies bv perpetual in-
junction which it seeks.

Ans. Affirmed.

7. In equity a decree is not of right but of grace and a chancellor
will refuse to enjoin if in conscience it appears he would do greater
injury by enjoining them by leaving the partv to his redress by a
Court and a jury. Richards Appeal, 57 Pa.* 105. TTiiohenstein's
70 Pa. 102. '

Ans. Affirmed.

8. A court exercising a power of a chancellor, whose arm may fall
with pressing force upon the everyday business of mnii, ilestroying
lawful means of support and diverting propertv from legitimate
uses, cannot approach sucli a <-ase with too much caution.'' ITuck-
stein's Appeal Supra.

Ans. Affirmed.

9. The effect of the injunction asked for in this case would be. in
a large measure, to swee]) away the money invested bv the defend-
ants and others oT)erating for oil in the same territorv. and in'ac-

13—21—1000 ■ '

194

REPORT OF THE

Off. Doc.

!l

tically to confiscate for all time to come for the use of the Butler
Water Company the oil right in the whole watershed of the Con-
noquenessing Creek and Thorn Run above their reservoir, and to de-
prive the land owners on the watersheds of said creek the lej^itimate
and natural use of their land in effect to deprive them of their i)rop-
erty without trial by jury and without compensation.
Ans. Refused.

10. The doctrine in Pennsylvania that the complainant must first
establish his right at law, where it is doubtful before he can seek an
injunction, goes to the jurisdiction and may be raised by the Court
itself at any time, though not raised by the pleading. Beach on
Injunctions Vol. 2, page 1038.

Ans. Aflirmed.

11. Even if the allegations of the plaintiff's bill that the water of
the said creek were pure and wholesome and sufficient in amount
until contaminated by the defendants' oil operations were true, yet
the plaintiff would not be entitled to an injunction for the reason that
the injury is not irreparable, but as the testimony discloses, other
sources of supply than said creek are shown to be within the plain-
tiff's reach at reasonable expense.

Ans. Refuseil.

12. While equity has jurisdiction to restrain a public nuisance-
upon the information of the Attorney General either on behalf of the
State or at the relaticm of an individual, yet injunctions have often
been refused whore it appears that the information was not brought
in behalf of the jmblic, but merely at the relation of ])rivare ])arties
who might themselves have instituted the suit if they had sustained
any special injury. Beach on Injunctions, Vol. 2, Sec. 1,078.

Ans. Alfirmed as being an historical statement which the authori-
ties will no douljt sustain but not relevani to the pending case.

13. "It is not more agreeable to the laws of nature that water
should descend than it is that land should be farmed and mined."
Kaufman vs. Gricsemer, 2G Pa. 414.

Ans. The case cited so rules and we must assume the i)roi)osition
is correct. The request is affirmed.

14. It must be conceded, we think, that every man is entitled to the
ordinary and natural use and enjoyment of his pro]>erty. He may
cut down forest trees, clear and cultivate his land, although in so
doing he may dry up his neighbor's spring. If in the excavation of
his land he should uncover a spring of water, salt or fresh, acidulated
or sweet, he Avill certainly not be obliged to cover it again or conduct
it out of its course lest the stream in its natural flow may reach his
neighbor's land. I»a. Coal Co., vs. Sanderson, 113, P. S. R. 14.j.

Ans. This is simply an exceri)t from the opinicm of the Court in
the case cited. Of course its correctness must be assumed in the ccm-
nection and case in which it was used, but it is not regarded as appli-
cable to the fact; in this case.

15. It has always been considered that land on a lower level oavc^s
a natural servitude to that on a higher land in respect to receiving
without claim or couipensation by the owner, the water naturally
flowing through it. Ibid Page 14.5.

Ans. As a gejieral statement of the law taken from the case cited
this is attirmed but it is not applicable to the facts of this case.

No. 21.

DEPARTMENT OF FISHERIES.

195

IG. The fact that by reason of the defendants' oil operations salt
water found its way into the Connoquenessing Creek and Thorn
Run its natural channel, its presence there is not a public nuisance,
per se. Coal Co. vs. Sanderson, Supra.

Ans. Refused. But, if the request be technically correct it is not
controlling in this case.

17. Even if there were an issue directly between the inhabitants
of Butler and the defendants, yet the defendants would not be en-
joined as the j)roofs show an abundance of supply of good water
within reach of all by drilled wells at reasonable expense.

Ans. Refused.

18. If this were a case between the defendants and a single in-
dividual, a citizen of Butler, who it was shown could furnish him-
self with a sutlicient supi>ly of water for all purposes, by drilling a
well on his own premises at a reasonable exi;ense, equity would not
enjoin. An aggregation of individuals called the ])ublic with the
same means of sui)plying itself with water wouhl not be entitled to
any greater relief.

Ans. Refused.

19. The plaintiff is not entitled to an injunction as prayed for.
Ans. Refused.

20. There being no evidence of the incorporation of the ]>laintiff
company under the laws of the State of Pennsylvania, it therefore
cannot maintain this action. Bly vs. White Deer Mountain Water
€o., 197 Pa. 80.

Ans. Refused. There is evidence of the incorporation of the
plaintiff company.

21. That if the plaintiff company is duly incorporated, section
34 of the act of 1S74, which grants to water comj)anies the power to
supply water in ''the town, borough or district where they may be
located" limits the authority of the plaintitf company to the Munici-
pal division where it is located, to wit: the Borough of Butler.

Neither the power of euiinent domain granted by the Act of 1874,
nor any other ])rovision of the Act of 1874 nor any ])rovisi(m of the
Act of*Mav 1(1. 1889, or Ihe Act of Julv 2, 1895, cive to water com-
panics the power to su];ply water in Ihe iCiritoiy adjacent to the
municii)al or quasi municipal division in which Ihey are located.

A provision in the certificate of incorporation grnutiug ])ower to
supjdy water in adjacent territory is wholly imjierative and such
a certificate should not have been ap])roved by the (Jovernor.

As a water company has no right to supply water in territory ad-
jacent to the ])lace in which it is located it has no authority under
the right of eminent domain to condemn and a])pr()priate water for
such purposes.

There can be no authority or power conferred upon a corporation
by the certificates or letters ]»atent, except such as clearly given by
or necessarily iuiplied froui the language of the statute under which
they are granted. Equally true is it that the rights and ])rivileges
of a corporation must be written in the charter or they do not
exist.

When a corporate body asserts its right to do a thing, or to
deprive an individual of its property even for an adequate compen-
sation, it must be able to show that the right is conferred by the plain

196

REPORT OF THE

Off. Doc.

and unequivocal language of its charter. 13h^ vs. White Deer Moun-
tain Water, Supra.

Ans. As applicable to the facts of this case, refused. It related
to a question not in issue and not material to a determination of the
issue upon its merits.

The foregoing indicate the views of the Court upon the legal
questions involved in this controversy and the reasons which have
led to the general conclusion which follows: to wit:

Under the facts found and the law an injuncticm should issue
as prayed for in the plaintiff's bill of complaint and the defendants
should pay the costs.

And now October 19, 1909, it is ordered that the foregoing findings
and conclusions to filed and that the Prothonotary enter a decree
7ii8i in accordance therewith and give notice to the parties or their
counsel.

GEORGE S. CRISSWELL, P. J.
2Sth Ind. Dist. Pa. Specially presiding.

OPINIONS OF THE ATTORNEY GENERAL.

After the passage of the new fish code of May 1, 1909, various
questions arose as to the interpretation of the provisions of this
act and these questions were submitted to the Attorney General
with a request ihat he give authoritative opinions thereon. One
question that arose was in regard to the location of a fish basket
for taking eels. The law provides that no fish basket shall be
erected within a quarter of a mile above another basket already lo-
cated, but in one case a man desired a license for a basket less than
a quarter of a mile below another one already located. In this case
the proposed basket interfered with no one's rights because if there
was any interference it would be with a man who wished to place
the basket and he was willing to run his chances. The Attorney
General decided that the man could obtain the license if he so
desired.

The question of trout streams is one of much importance. Eel
baskets under the law cannot be placed in streams known as trout
streams. There are a number of streams in the state which contain
trout in the upper waters but apparently none in the lower part
where the water has become warm, excepting perhaps very early in
the season. The law provides that in case of a question arising as
to how much of a si ream is a trout stream it shall be decided by the
Fishery Commission after hearing witnesses. The Attorney General's
opinion is that where a stream is poj)ularly known as a trout stream
no basket can be licensed for its entire length until the Fishery
Commission has decided where it ends as a trout stream.

There have been several instances in the State where persons
have represented themselves as fish wardens and by threatenini? the
arrest of fishermen have succeeded in getting from them various
amounts of money, either because the parties did not want the no-
toriety of arrest, or to avoid the trouble of going before a Justice.

No. 21.

DEPARTMENT OF FISHERIES.

197

Efforts have been made by this Department to secure the arrest of
these people and in some instances it has succeeded. Under the
opinion of the Attorney General any person who represents himself
falsely as a fish warden is liable to arrest and punishment, and the
Department will be glad for any information that will lead to the
arrest and conviction of any such blackmailers.

IMPERSONATING AN OFFICER.

Office of the Attorney General,
llarrisburg, Pa., August 7, 1909.

Hon. W. E. Meehan, Commissioner of Fisheries,

Harrisburg, Pr.. j

Dear Sir: Your favor of the .*>rd instant is at hand, in which you
ask whether there is any law under which your Department can
prosecute a man in Warren County who represented himself to be a
fish warden, and who, so personating the warden, took from three
men thirty dollars, and at other times as low as two dollars and
a half.

If the mun obtained money by representing that he was a fish
warden with intent to cheat and defraud the persons from w^hom
the money was obtained, he can be convicted for obtaining money
by false pretenses, under the criminal code of this State.

The Act of May 5, 1897, (P. L. :i9) provides "that any person
within the Commonwealth of Pennsylvania who falsely represents
himself to be, or who falsely assumes to act as an appointive officer
of the Commonwealth of Pennsylvania, or any county, municipality,
city, borough, township, district or ward within the Commonwealth
of Pennsylvania, shall be guilty of a misdemeanor, and upon con-
vict icm thereof be sentenced to pay a fine," etc.

The Act of 1901, relating to your Department, in Section 4:1 refers
to fish wardens as holdhifj office, and in Section 44 requires each
warden to keep a record of his official acts. They are given the same
powers as constables in enforcing the fish laws, and constables are
officers who c.in be personated within the meaning of the Act of
1897. The conclusion is irresistible that a fish warden is an "ap-
pointive officer of the Commonwealth of Pennsylvania" within the
terms of the Act of 1897 above referred to.

Therefore, yon are also advised that if the man referred to rep-
resented himself as a fish warden obtaining money thereby, prose-
cution can be maintained under the Act of 1897.

Very truly yours,

(Signed) WM. M. HARGEST,
Asfiistant Deputy Attorney General.

1118

KEPORT OF THcJ

Off. Doc.

J.OCATION OF FI8II BASKETS.

Office of the Attorney Geueral,
Harri.sburg, Pa., August 7, 1009.
Hon. W. E. .Aleehau, Connni.s8ioner of Fisheries,
Ilarrisburg, Fa.

Dear Sir: Your communication of the third instant is at hand,
m wliicli you a;;k to be advised wlietlier ])rovision of Section 8 of
the Act of May h 1900, (P. L. :j5:Vi juMiiiits ihe licensin- of a loca-
tion lor a hsli basket and wing walls bf^low ;iii„iher location already
licensed, and williin a (luarier of a inilo of latter.

Section S of tho Act to which you refer provides -And no l)askets
and wing walls shall be set immediately ahorc (me already legally
located nearer tlian a quarter of a mile!" ' '^ '

^ 1 understand from you verbally that the reason for this i)royision
IS to protect the owner of a licensed location from the dama'>-e which
w(mld result in placing wing walls and a basket such a short'^listance
above erne already located, as to interfere with its usefulness and
that this provision is largely for the beuetit of the holders of the
licenses, and a provisicm in which the policy of the State is little
concerned.

Your verbal exi)lanatinn indicates the intention of the Le"-isla(ure
To ])lace a basket hrloir a location already licensed would not in-
terfere with the upper locatiou, and iiillbt no injury ou the holder
of the license of the upi)er location. The licensing oi' a lower i^lace
within a quarter of a mile is not i)rohibited bv the languaoe of the
act. ^ This secti(m being restrictive and prescribing a^>enalty for
its violation must be construed strictly. "

You are, therefore, advised that under Section S of the \ct of
May 1, 1900, above referred to, a license can be granted within a
quarter of a mile hrlotr a local icm already licensed.

\>ry truly yours,

(Signed) W^r. M. H.vij(^,KST,

Assislant nrpnfj/ AUnjuri/ GcnrraJ.

No. 21.

DEPARTMENT OF FISHERIES.

199

BASKET LICENSES IN TROUT STREAMS.

Oflfice of the Attorney General,
Harrisburg, September 20, 1909.
Hon. W. E. Meehan, Commissioner of Fisheries,
Harrisburg, Pa.

Dear Sir: Your favor of the 8th instant, supplemented bv your
favor of the 17th instant, is at hand. ' ^^ .> J"ui

Upon the facts therein stated, an opinion is requested, first,
Whether a license can legally be issued for a fish basket in a stream

iL iwi f^-'^i: ^''''J.^ are commonly fished for and caught, before
the Board ot Fishery Commission has officially declared the portion

trout^ ''' *^^ ^'"^^""^^ '^ requested, not inhabited bj

In Section 8 of the Act of May 1, 1909, fP. L. 353), entitled "An
Act to classify the fish m the waters within this Commonwealth ;
declaring which are game fish and which are food fish," etc it is

rtrourstream " ' ^"""^'"^ '^'''" *'" ''* ""' "'"^ '"^ "^ '^'"'""^ ^^^^^'^ ''^^
Section 28 provides:

"That for the purpose of this Act, anv stream or water
or part thereof, within this Commonwealth, in which charr
or trout are commonly fished for and caught, whether
through the stockiny of the stream, or whether native to
such stream or water, or part thereof, shall be deemed water
or stream inhabited by trout. In case of a conflict of
statement on this i>oint, as to any stream or water, the
matter shall be investigated by the Board of Fishery Com-
mission and its decision shall be final."

Larry's Creek, Lycoming County, has both been stocked bv the
State and by private persons with brook trout, and vou state that
so far as your Department is advised, Larry's Creek is a trout

nn'Tnv/r '"r"' T"^ !^ ^1^" ^^^^*^"' '""^ ^^'^^ ^'^' ^'^^^ »« ''^nuest for
an imestiga ion by the Board of Fishery Commisison, and no de-
termination by that Board as to whether Larry's Creek is inhabited
by trou tor not. It has two forks and in both of the forks accord
ing to the records of your office, trout are fished for and caught
lou also state that in one letter your correspondent savs there are
no trout below Salladasburg.

For the i)urposes of issuing a license, the language of Section 8
by f?nl!f''' '" frmi^/tream" and the language of Section 28 "inhabited
by tiout ough, to be construed to mean the same. If trout are
commonly fished for and caught, the stream must be known as a
trout stream. Applying Section 28 to Larry's Creek, it appears Ih at
trout are comnionly fished for and caught in a par therTf and It
a so appears that the stream or parts thereof have beer^tocked
It further appears that the stream, so far as information has come
to your Department, is known as a trout stream.

200

REPORT OF THE

Off. Doc.

You are therefore advised that the County Treasurer cannot legally
issue a license for a fish basket in a stream if trout are commonly
fished for and caught in any part of said stream, until the Board of
Fishery Commission has first determined that the portion of the
stream wherein the fish basket is to be set or used is not inhabited
by trout.

Second ; you also ask to be advised if a County Treasurer issues a
license for a fish basket to be set and used in a part of the stream
upon an allegation that such part does not contain trout, whether
such license is binding on the Department of Fisheries. You are
hereby advised that the license is binding on the Department of
Fisheries so long as it is outstanding, to the extent of protecting the
person who places or sets a fish basket, pursuant to said license.
The issuance of such a license, however, is not binding on the De-
partment of Fisheries, as fixing, as a matter of fact, that such portion
of the stream is not inhabited by trout. The Department of Fisheries
can determine independently of whether a license is issued or not,
whether or not a stream is inhabited by trout.

Third ; you also ask to be advised whether it is your duty to return
the check to the County Treasurer where the license is granted for
a part of a stream which is known to contain trout. It is your duty
to return the check to the County Treasurer, with a request to cancel
and revoke the license.

Fourth; you further ask to be advised whether, if a license is
issued bv a Countv Treasurer for a fish basket in a stream, known
to be inhabited by trout, such license is binding on the Department
so as to prevent it from prosecuting the licensee. Such a license
does not prevent a successful prosecution, but in that case the County
Treasurer ought to be promptly requested to revoke the license and
the licensee notified to remove the fish basket.

Very truly yours,

(Signed) WM. M. HARGEST,
Assistant Deputy Attorney General.

OFFICIAL DOCUMENT.

No. 21.

INDEX.

Page.

Arrests for Violation of the Law, 9 15^

Abandonment of Goldfish Work, ' 48

American Fisheries Society, rn

Allowances of Appeals under Act of May 29, 1907, unconstitutional, .*..* 163

Attorney General's Opinions , jng

Board of Fishery Commission , Report [[] 5

Brook Trout from Commercial Hatcheries, ]\[ 21

Kellefonte Hatchery , '' 29 95

Battery House , New at Erie Auxiliary, '31

Black Bass Season , * a a

Bellefonte Hatchery, Report of, 95

Black Bass Work ' 109

Bass Reared to Adults , .*.....* m

Commercial Fish Industry in Lake Erie, 15

Commercial Hatcheries , go

Commercial Hatcheries , Brook Trout Returns 21

Commercial B'ish Business in the State, .....* *>♦>

Carp Industry, ^q

Corry Hatchery " " 28 84

Cannibalism 'qo

Crawford Hatchery , ' 00 1 30

Commodore Perry, * * 9k'-\a'7

Car Ferry Foundered , Boat Picked up ' 36

Corry Hatchery, Report of, 84

('ar Barn , ' * ' ' - ^

Cut-Throat Trout 112

Crawford Hatchery , Report of, 13'>

Chief Warden's Report \ jkj

Constitutionality of Act of May 20, 1901 164

Drought in Pennsylvania, 8 38

Drought at W^ayne Hatchery , '30

Drainage System at Torresdale, 31

Drought at Crawford Hatchery, 32

Distribution of Seized Fish , 36

Delaware River Law s gj

Eel Industry, ' ^7

Eel Industry , Return of Catch , 19

Erie Hatchery, ' 28 88

Electric Lights Installed at Torresdale Hatchery, *'.' '31

Erie Auxiliary Hatchery, [ gj ^27

Erie City's Tribute to Crew of Commodore Perry , ' 37

Erie Hatchery , Report of, '[ 00

(201)

202

INDEX.

Page.

Erie Auxiliary , Report of, 127

Financial Statement , 24

Field Work 33,107

Fish Car, 34,100

Fisheries Commission Tribute to Heroism of Captain Driscoll and Crew, . 37

Fish Exhibit , 88

Fresh Water Terrapin , 47

Fish Baskets 48,157

Fishvvays and Screens , 50

Fish Code 59

Frogs aiul Terrapin, Legislation for, 63

Fish Distribution, Corry Hatchery, 85

Fish Distribution, Erie Hatchery, 02

Fish Distribution , IJellefonte Hatchery 110

Fish Distribution , Wayne Hatchery, 114

Fish Distribution , Torresdale Hatchery 122

Fish Distribution, Erie Auxiliary Hatchery 129

Fish Dist ribution , Crawford Hatchery , 140

Fish Distribution, Spruce Creek Hatchery 140

Fish Baskets in Trout Streams , 102

Free Streams 1<>^^

Fish Baskets, Location of 198

Fish Baskets Licenses in Trout Streams 190

Goldfish Breeding Abandoned , 4S

Cigging should be I'rohibited 01 , ir>()

Hatcheries, Itemized Expenses of 20

Heroism of Crew of Commodore IVrry , 35

Indifference of Licenses for Fish Baskets 10

Increase of Commercial Fish Industry in Lake Erie, 15

Increased Output from New York, 2*

Interstate Legislation 52

Interstate Conference on Pollution of the Ohio, 56

Impersonating an Officer, 1^^7

Letter of Transmittal , 3

Low Water at Wayne Hatchery, 30

Lake Trout I'ond at Spruce Creek Hatchery, 33

Life Saving by Commodore Perry, 35

Local Organizations , 52

Leirislation, Inter-state 52

Laws for the Delaware River, 57

Location of Fish Baskets , 198

>Lnyor of Erie to Crew of I'erry , 37

Need of more Help 12

New Ground at Corry Hatchery , 28

New House at Erie Hatchery , 28

New Hatching House at Bellefonto Hatchery, 29

New Pond at Wayne ILatchery for Yellow l*erch, 30

New Pond at Crawford Hatchery , 32

North American Fish and Game Protective Association, 51

New Fish Code, 59,155

Navigable Waters, A Question of, 67

Officers of the Department , 1

Officer of Steam Tug Perry 1

Outputs , 13

Opinions of the Courts , 162

Opinions of the Attorney General , 196

Presque Isle Peninsula 12

Proposed Fish Hatchery at Presque Isle 41

INDEX.

20S

Page.

Presque Isle Peninsula Fish Hatchery, 41

Pollution of the Ohio, Interstate Conference, 56

Purification of the Streams , 04

Power Dams , 71

Pollution of Streams 158

Public Welfare Greater than Private Interests, 170

Report of Board of Fishery Commission , 5

Report of Commissioner of Fisheries, 13

Returns of Eel Industry, 19

lieturns of Commercial Hatcheries, 20

Report of Commissioner on Interstate Legislation, 53

Reports of Hatchery Stations, 84

Rainbow Trout, 97

Rescues by Commodore Perry 148

Superintendents of Hatcheries, 1

Small Eels Caught, 17

Shad Returns in the State , 23

Spruce Creek Hatchery 33 , 142

Silver Salmon at Spruce Creek Hatchery, 33

Siezures by Commodore Perry , 35

Silver Side Salmon 45,98,112

Sturgeon Culture 46

State Organizations , 51

Sunfish as a Game Fish , 62

State Boundary Waters, International Control 64

Superintendents Meetings 72

Shad AVork, •• •-.. 118

Spruce Creek Hatchery, Report of, 142

Torresdale Hatchery, 31,117

Tribute lo Captain Driscoll and Crew , 37

Terrapin Culture , 47

Torresdale Hatchery, Report of 117

Trout Streams , Fish Basket Licenses in , 199

Usefulness of the "Commodore Perry," H

Value of Artificial Propagation , 7

AVardens , too few , 10

Work in the Hatcheries , 27

Wayne Hatchery, 30,105

Well at Wayne Hatchery 30,106

Wayne Hatchery, Report of, 105

>Vall-eyed IMke, 112

(204)

END OF YEAR

^-i.