The Illinois law prohibits the taking of mussels in any navigable water in that State between the 1st day of October and the 1st day of April; but, as illustrating how such a measure may apply in a particular case, practically all of the mussels in the principal river of that State—the Illinois River—are short term or summer breeders, spawning some in June, July, and August, others in October and about that time. Only a few carry the spawn, after its development, through the winter.

The principal objection to an enforced interruption of the fishery during a period of months is that it deprives the mussel fishermen of the right to earn a living by their profession during a portion of each year. This objection has real weight, and should be overborne only by decided advantages to be gained from a closed season.

Restricting the methods of fishery.—The principal implements for taking mussels are the crowfoot bar, the rake, the fork, the tongs or scissors fork, the dip net, and the dredge. These several pieces of apparatus are variously adapted to conditions of depth, rate of current, and character of bottom, as well as to the aptitudes and customs of the fishermen. Before a method should be prohibited it should be [12]known that it can be replaced by one of the more suitable methods, or else that it is so positively injurious as to require its elimination. The only implement of capture against which complaints are generally made is the crowfoot hook, but this is the only method in general use which is adapted for taking mussels in the deeper water, and it is probably in more common use than any other method. Perhaps in time improvements upon this hook will be adopted to lessen its injuriousness, or other methods capable of replacing it will be better known. In the light of present conditions it would work an unnecessary hardship upon a very large number of fishermen to prevent its use, especially when it appears that the protection of the mussels can be accomplished by methods more equitable to all concerned.

Still other measures have sometimes been advanced looking to the limitation of the number of shellers to be permitted to work within a given territory or to the leasing of shelling rights. Since such proposals have not yet been offered in connection with any properly worked-out plan by which serious injustice would be avoided and the interest of the public safeguarded they may be dismissed with the remark that it is not simply the protection of mussels that is desired but the protection of the mussels for human use without interference with common human rights. The absence of inherent wrong in an idea does not commend it if it carries within itself the seeds of its own defeat by a method of application, or a want of method, that allows opportunity for manifestly unjust and intolerable conditions to arise.

There remains to deal with the necessity for the two measures that are advocated and to discuss the methods of application. This can be more adequately done in distinct sections.

SIZE LIMIT—NECESSITY AND APPLICATION.

EXHAUSTIVE NATURE OF THE FISHERY.

The necessity for imposing restrictions upon the size of mussels to be removed from the beds is brought out more clearly by the photographs than could be done by any lengthy discussion. All of the shells shown in plates I and II were actually taken for market, sold, and shipped to the factory. The smallest ones (in the three upper rows on plate I) were not wanted at any factory; they were bought only because the fishermen had thrown them into the piles along with the larger shells, "to add weight." Most of the very smallest shells, those under 1 inch in length, are subsequently lost in handling, by falling through the forks or otherwise wasting as they are thrown into the car or from the car to the bin. None of the shells in the three upper rows of plate I would ordinarily be used by any manufacturer. It is true that some of the shells shown [13]have had one blank cut out, and these were actually cut at a commercial plant, but the instance was a very rare one and was certainly unprofitable. Even if the manufacturer desired it, the cutters will not handle shells from which only one blank can be cut, since the waste of time outweighs the saving of material.

Consequently all shells less than about 1½ inches in length, no matter what the quality, are thrown into the discard. There can be no difference of opinion as to the pure wastefulness of taking shells of this size.

The shells shown in the illustration are not the smallest that could be found. Some shells observed in the fishermen's boats were only one-half inch in the greatest diameter. Out of the water these are entirely without use. The fisherman who saves them, thinking that they add weight to his heap, would doubtless be surprised to learn that he would have to handle several times and clean 200 of such shells to add 1 cent to his earnings, for it would take nearly half a million of them to make 1 ton.

The shells in the fourth and fifth rows, counting from the top in plate II, are used at the factories when received, and are sometimes particularly favored where the quality is as good as in those from many Arkansas rivers, and the shells will yield two or three blanks of 16 to 20 lines. Such blanks are of a suitable thickness and work up economically besides having a good quality. Some of the shells in these two rows show how blanks of 18, 16, and 14 lines are worked out, a "line" in button measure representing the fortieth part of an inch.

The use of shells taken between 1½ and 2 inches in greatest diameter does not, therefore, like the marketing of those under 1½ inches, represent absolute waste, but it does denote relative waste or real short-sightedness from the economic point of view. Shells of this size will average about 30,000 pairs to the ton, while mussels of such a practical size as 2½ inches will average only 15,000. The number of blanks obtained from a ton of shells of the latter size would be