INSTITUTE OF FOOD AND
UNIVERSITY OF FLORIDA
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UT. S. Dll- PARTNIFINT ()F AGRI(I'LIVRE.
BIOLOGICAL SURVEY BULLETIN No. 28
sl(A .0" AVAJ)H)l x s'
GAIIIIA4 COMMIS S I -D
THEIR APPOINI'MENT T', P( W 1.4 "A I t S
AND 1) t "'I" I ES
R. W. WIIIIIIAMS. JR. GAME LANN' AS- ISTAXT, BIOLOGICAL SURVEY
..,n mmw 2d
W. k S f I P\ T 0'N GOVERNMENT PRINTING OFFICE 1907
LETTER OF TRANSMIITAL.
U. S. DEPARTMENT OF AGRICULTURE,
BUREAU OF BIOLOGICAL SURVEY,
WaSd;ngton, D. ('., Joe 1907.
Sm: I have the honor to submit herewith for publication as Bulletin
28 of the Biological Survey a report entitled Game Commissions d Wardens," by R. W. Williams, jr., game law assistant in the Biogical Survey. This report has been prepared under authority of tion 1 of the Lacey Act, directing the Secretary of Agriculture to llect and publish useful information as to the preservation of game d other birds, and in response to frequent demands for information specting the provisions 'for enforcing State game laws and the manner in which such laws are carried into effect. As indicated by its title, this bulletin is restricted to the appointnt, powers, and duties of State officers, and does not consider the forcement of Federal laws or regulations of any kind. The report habeen divided into three parts, as follows: Part I consists of a genal discussion of the office and duties of wardens; Part II is a connsed summary of the provisions of game laws relating to enforceent; and Part III contains the full text of such laws. Sections lating to fish, the operation of hatcheries, and the enforcement of ecial fish laws are omitted. By the aid of summaries and tables e subject-matter has been arranged so as to facilitate ready referece and comparison of the various provisions. The 8 maps and diagrams are necessary for the proper illustration the text.
Respectfully, H. W. HENSHAW,
Acting Chief, Biological Survey.
Hon. JAMES WILSON,
eretary of Agricdture.
C NT ENT1S.
k ART I, I, It k I )I s'( j, ss14 N.
Galeoffici&as.1 Development of thie State game c'01iim1iiom anid wvardewhilp ....1... Commissions- 1(
State game wardens . ........................ P
County wardens 24
District and city wvarden-4 ......-................ 25
Subordinate officers ... . . . . . . .. .. . 26
*pcia local officers --------------------------------------------- 31
Other officers - --- -- - - - - - - - - - -- 31
Gaeprotection funds------------------------- ----------------------4
Gaelaw admiistration----------------- ---------------------------- 431
Arrest without warrant --------------------------------------- 45
Power to require aid------------------------------------------ 50
Arrest of trespassers by landowners -----------------------------51
Search---------------------------- w----------------------------- 5:3
Search with warrant------------------------------------------ 53
Search without warrant -------------------------------------5 4
Seizure --------------------------------------------------------5 5
Seizure of game --------------------------------------------- 55
]Disposition of seized game ------------------------------------56
Seizure of illegal appliances ----------------------- ------------ 8
Who may prosecute---------------------------------------------- 60
Mode of accusation------------------------- w------------------- 6 1
Statutes of limitation---w------------------------------------------ 62
Separate offenses ------------------------------------------------ 64
Special evidence ------------------------------------------------ 65
Reports ofreios----------------------------------------.. 771Efecots of reals- s------------- -------------------------------- 77
Effactosepl -------- -------------ft------------------------------7
Civ lin-----------------...... -...................-----------.78
Rneulevin---------------------------------------------------- 80 I
Ila neoscoiion s-------------------. I-----------------------82S
Miscelaion fg as andison reports---I------------------------------ 8S2
Pulatintothe m a~ n rerport--- -.--------..-.-------------------.$3
Suspeso tof prosecu----ions ---------------------------------------84 1
Supei ofne inronection ... wt hunting w--e------------------------8 4
Ferr ts ---- --- --- ---- --- ---
Special problems ------------------------------------------ ---------------- 88
Cooperation --------------------------------------------------------- '88
'Sooners ------------------------------------------------------------- 88
Hunting accidents --------------------------------------- 1; ------------ 89
Cold storage ---------------------------------------------------------- 00
Indians -------------------------------------------------------------- 91
Aliens --------------------------------------------------------------- 98
PART II.-SUMMARIES OF THE PROVisio-.,,s RELATING To ENFORCEMEN-T.
Alabam a ----------------------------------------------------------------- 100
A laska ------------------------------------------------------------------ 101
A rizona ----------------------------------------------------------------- 101
Arkansas ---------------------------------------------------------------- 101
California ---------------------------------------------------------------- 101
Colorado ------------------------------------------------------------------ 102
Connecticut -------------------------------------------------------------- 104
Delaware ----------------------------------------------------------------- 105
District of Coluinbia ------------------------------------------------------ 105
Florida ------------------------------------------------------------------ 105
Georgia ------------------------------------------------------------------ 106
Idaho ----------- ------------------------------------------------------- 106
Illinois ------------------------------------------------------------------ 107
Indiana ------------------------------------------------------------------ 108
Iowa -------------------------------------------------------------------- 108
K ansas -------------------------------------------------------------------- 109
Kentucky ---------------------------------------------------------------- 109
Louisiana ----------- ------------------------------------------------------ 110
M aine -------------------------------------------------------- ---------- 110
Alar0and, ---------------------------------------------------------------- 112
M assachusetts ------------------------------------------------------------ 112
M ichigan ----------------------------------------------------------------- 113
M innesota --------------------------------------------------------------- 114
M ississippi ---------------------------------------------------------------- 115
M issouri -------------- -------------------------------------------------- 116
M ontana ------------------------------------------------------------------ 116
N ebraska ---------------------------------------------------------------- 117
Nevada ------------------------------------------------------------------ 119
New Hampshire ----------------------------------------------------------- 119
New Jersev --------------------------------------------------------------- 119
New -Alexico, ------------------------------------------------------------- 120
New York --------------------------------------------------------------- 121
North Carolina ----------------------------------------------------------- 122
North Dakota ---------------- : ------------------------------------------- 122
Ohio ------------------- ------------------------------------------------- 123
Oklahoma ----------------------------------------------------------------- 124
Pennsylvania ---------------- ; -------------------------------------------- 126
Rhode Jsland ----------- ----------------------------------------------- 127
South Carolina ----------------------------------------------------------- 128
South Dakota -------------------------------------------------------- I ----- 128
Tennessee --------------------------------------------------------------- 129
Texas ------------------------------------------------------------ 130
Utah ---------------------------- ----------------------------------------- 131
Vermont --------------------------------------- ------------------------- 131
Virginia ------------------------------------------------------------------ 132
W est Virginhi ......................... .................................. 13 1
W iw-onsin ................... ................................ ........... I "o ")
PART III.-E.XTRA(-N. FROM 1,A%%S WITH -IPECIAL REFERE"O'l.: .1",
A labam a ------------------------------------------- -------------------- 137
Arizona. .... 141
California ................................................................ 143
Colorado ................................................................ 145
Connecticut ............................................................... 150
District of Columbia. 155
Florida. .............. 155
Georgia .................................................................. 157
Idaho .............................. ................ ................... 158
Illinois ............... .................................................. 16 1
Indiana .................................................................. 165
Iowa -------------------------------------------------------------------- 167
Kansas .................................................................. It;!)
Kentucky ................................................................ 171
Louisiana ................................................................ 172
M aine ------------------------------------------------------------------- 173
Maryland ................................................................ 178
Mamachusetts ............................................................ 182
M iehigan ---------------------------------------------------------------- 184
M innesota --------------------------------------------------------------- is's
M ississippi ............................................................... 193
M issouri ........................................................... .... 194
Montana ----------------------------------------------------------------- 195
Nevada...... ...................................... 204
New Hampshire ---------------------------------------------------------- 2 05
New Jersey --------------- .......... w ------------------------------------ 207
New Mexico ............................................................. 212
New York .............................................................. w 21:3
North Carolina ----------------------------------------------------------- 217,
North Dakota ------------------------------------------- w ----------------
Ohio --------------------------- ................................... 221
Oklahoma --------------------------------------------------------------- 22S
Oregon ------------------------------------------------------------------ 229
Pennsylvania ------------------------------------------------------------ 23: 1)
Rhode Island ---------------- ww .......................................... 243
South Carolina ........................................................... 244
South Dakota ....................................... 7 ----------------- 248
Tennessee --------------------------------------------------------------- 252
.TeXaS 2 -5 4
Utah ............................ ....... ........................ 256
Vermont - - - - - - -... -.. - - - - w ------------ 258
Virginia --------------------- ........................ 26 1
Washington ------------------- w-ww .............. _w .............. w ...... 264
W est Virginia --------------------- w ....................................... 2tit;
W isconsin -------------------------------------- ................... 2W)
W yoming -------------------------------------------- ------- w ........... 275
.Index ....................................................... ....... 281
I LLUST RATIO NS.
PLATE 1. Map showing officers charged with enforcement of game laws- Frontispiece
11. Maps showing progress in establishment of game commissions ------ 16
Fig. 1. States which had game commissions in 1890.
Fig. 2. States which had game commissions in 1900.
III. Diagram showing terms of service* of State game commissioners and
wardens ------------------------------------------------------ 20
IV. Diagram showing salaries of State commissioners and wardens ----- 24 V. States which authorize wardens to search without warrant --------- 54 VI. States which authorize wardens to seize wittrout warrant ---------- -56
N II. Disposition of seized game --- k ------------------------------------- 58
IPR IFAC E
The publications on game laws originally contemplated by the Bioical Survey and outlined in its reports comprise three series: (1) smary of the laws relating to seasons, shipment, sale, and licenses; a digest of laws relating to nongunme birds; and (3) a digest of visions for the enforcement of game laws. The first of these pubations was issued in 1900 and has since been revised each year: the nd was published in 1900 and revised in 1902; the third is now blis for the first time. No other general work or compilation game. laws contains existing provisions relating to enforcement, Heretofore to compare such laws it has been necessary to have ourse either to the statutes or to the separate pamphlet editions of Sgame laws of each State.
In number of game laws and frequency of change in their provisions SUnited States probably surpasses all other countries of the world. arly 700 game laws have been enacted by State legislatures since Sassage of the Lacey Act in 1900. Many of these laws are local in aracter, some have been amended, and a few have beon repealed; b a large number of general provisions are still, nominally at least, force. Of these a great many are dormant through lack of adeate means of enforcement, in spite of the fact that an important part the legislation of the last seven years has comprised measures signed to give effect to the great body of game laws now on the stte books. It is thus evident that the chief need of game proteci at the present time is not so much an increase in the number of e laws as more effective enforcement of those already enacted. h problem of how to make the rapidly growing and frequently hanging mass of legislation readily accessible to the general public is oe which has not yet been satisfactorily solved, and the rapid inase in population and in the number of persons who hunt makes solution more and more difficult, notwithstanding modern systems publication and distribution adopted by the game departments of st of the States.
In the fifty-five years which have elapsed since the office of game rden was first established, the population of the United States has greased from less than 25,000,000 to more than 82,000,000, and during is period the proportion of those who. hunt has probably increased in en greater ratio. The number of those who hunted in 1905 is con9
servatively estimated a,"-? from 2,500,000 to 3,000,000. To regulate hunting by this constantly growing army of sportsmen it has been found necessary to improve the efficiency of the warden service., and since 1900 the number of States which have general officers in charge, of game law enforcement has advanced from 31 to 39. In Tennessee the office of warden has been raised to the dignity of a department of the State, and in 11 States the salary of the executive officer is $2,000 or more reaching in New York the sum of-$5,000 a year. The problem of providing funds necessary for the maintenance of the work. intrusted to these officers has been greatly simplified by the adoption of the license system. In 1905 the funds available for game protection consisted of fees from hunting licenses amounting to more than half a million dollars, specific appropriations aggregating about $350,000, and receipts from fines and miscellaneous sources probably suf ficient to bring the total up to nearly a million dollars. At least 9 States have already reached the pOiDtwhere tbewarden department has been placed on a self-sustaining basis.
Knowledge of the provisions by which the laws are enforced is not only important for economical and successful administration by officers specially charged with such duties, but is of value to many persons interested in game protection, and especially to residents of States which have under consideration the establishment of a warden, system best adapted to meet local needs and conditions. In order to present this information in.the most conve nient form the present bulletin has been divided into three parts: Part I contains a historical summary 05f the evolution of the warden service and general discussion of various features connected with warden work; Part 11, a summary of the important provisions of the laws stated in the briefest possible form and arranged in uniform sequence; Part 111, extracts from the statutes relating to game warden departments, duties and powers of officers, and special provisions connected with administration. No effort has been spared to make the report as complete and accurate as- possible. In addition to extracts f rom. the statutes, it contains the results of seven vears'-.observation of the methods of administering game laws and the conclusions of those who have contributed to the discussion of points of special interest. The extracts from the laws have been brought down to date by inclusion of the amendments made in 1907; and in many instances the text is annotated by references to decisions of the higher courts and to important articles in sportsmen's journals for the benefit of those who may care to consult the history or the discussion of special subjects.
T. S. PALMER,
In Charge of Game Preservation.
GAME COMMISSIONS AND WARDENS.
THEIR APPOIKTMENTI, POWERS, AND) DUTIES.
PART I.-GENERAL DISCUSSION.
ELOPMENT OF THE STATE GAME (COMMISSION AND WARD)ENSHIP.
e offices of game commissioner and State (ame warden of the et day are not the outcome of spontaneous growth, but the result numerous experiments and modifications necessitated by the growimportance of the subject of preserving game. Originally game ction was left to sheriffs and other local officers, and later, after appointment of fish wardens, was included incidentally among the tes of that office. In Arkansas the game laws are still enforced by local constabulary, and in California the protection of game is Sas originally, under the charge of the board of fish commissioners. e development of the office of State game warden from that of fish en occupied a period of nearly half a century and was marked by ous experimental steps. Maine was apparently the first State to rvide a special officer charged with the duty of protecting fish.
a law passed in 1843 the governor was required to appoint e 'fish wardens' for each of the counties of Penobscot, Hancock, SWaldo, to serve three years, and to meet annually at Bangor for trae nsaction of business connected with the supervision of the s on, shad, and alewife fisheries of Penobscot Bay and River. The seemed to meet with popular approval, for in the following year, Sit was extended in a modified form by the passage of a law requirthe towns of Cushing, St. George, Thomaston, and Warren to e fish wardens annually (two in Warren and one in each of the rs) to supervise the fisheries in Georges River. In 1852, nine s after the adoption of the fish-warden system and twenty-two s after the passage of the first law protecting moose and deer in State, the legislature of Maine applied the new plan to the protection ame by authorizing the governor to appoint a 'moose warden' each of the counties of Oxford, Franklin, Somerset, Penobscot, Sdahoc, Aroostook, and Washington, whose duties included the proon of deer as well as moose. Again the plan seemed to meet with 11
12 GAME COMMISSIONS AND WARDENS.
approval and was extended. In 1853, a year later, the office of town moose warden was established, and each town in the State was authorized to elect one of these officers charged with the protection of its big game.
In 1858 the example of Maine was followed in New Hampshire by the passage of a law authorizing the selectmen or municipal authorities to appoint fish wardens. The compensation of these officers consisted of one-half of the fines resulting f roni prosecutions instituted by them, an incentive to vigilance still employed in many States. The growthh of fishery interests, particularly in the New England States, soon demanded effective organization, and the 'fish commission' came into existence in 1865 in Massachusetts and New Hampshire, and in 1867 in Connecticut and Vermont. That of New Hampshire is of special interest in this connection, since it was subsequently reorganized as the first fish and game commission of the country.
In 1868 New York fo lowed the example set by the New England States and created a fish commission, and three years later, in 1871, adopted the Maine plan of placing the protection of game in the hands of a special officer. Boards of county supervisors were authorized to hold elections in each town for a 'game constable' to serve a year and receive as compensation half the fines recovered in prosecutions under the game laws and in addition such fees as were allowed constables. In the next two years provision was made for special officers in two other States, but modified to suit local conditions: In 1872 Maryland established a board of ducking police' to enforce the ducking laws on the Susquehanna Flats, -at the head of Chesapeake Bay, and in 1873 New Jersey, under a statute authorizing the incorporation of a game protective association, granted certain police powers to members of such associations, with authority to enf orce the game laws in certain counties.
Meanwhile the laws of Maine had been extended to include game birds as well as big game, and in 1878 the duties of the warden were similarl y extended under-the new title of 'county moose and game warden.' In the same year occurred the reorganization of the New Hampshire fish commission as a board of fish and game commissioners. Finally, in 1887 Minnesota established the office of State game warden, and in 1888 New York that of chief game and fish protector. Thus within fifty years after the appointment Of fish wardens in Alaine the benefits of warden service bad been recognized in half a dozen States by the successive creation of the moose warden in Maine, the game constable in Ni'ew York, the ducking police in Maryland, the association member with the authority of a constable in New Jersey, the fish and game commissioner in New Hampshire, and the State game warden in Minnesota.
It is beyond the scope of this bulletin to trace the course of evolution of the game wardenship, in each State-, but it will be of interest to note the changes occurring in Connecticut, which may be taken as a
ical illustration. Here the appoint Ient of '"commissioners on fishs was first authorized in 1867, with a view to the introduction and nation of fish. The act provided for appointment by the goror of three commissioners to hold office for one year and to make plaints for violations of the fish laws, consider the introduc, protection, and culture of fish, coopl)erate with fish commissioners ther States, and report to the legislature. Their compensation fixed at $3 a day while officially employed and an allowance for sary expenses. In 1870 the term of office was increased to four s. An act of 1871 authorized the appointment by the selectmen ay town, upon the request of the fish commissioners, of two or more Wardens to assist them in detecting and prosecuting offenders in town, with compensation to be prescribed by the selectmen paid from the town treasury. In addition to such compensation were allowed one-half the penalty recovered when offenses were eted by them. It will be noticed that the right of arrest, search, n seizure was not conferred upon the commissioners or wardens by act; they could only request the issue of warrants to sheriffs, tables, and police officers. In 1872 the fish commissioners were orized to appoint two or more fish wardens for each town, such ens to receive the same fees allowed grand jurors in criminal cases ne-half the penalty recovered when they detected the offense. was the first authorization to the commissioners to appoint wardens. 873 the powers of sheriffs, so far as they extended to arrests, were erred upon the town fish wardens. No further change was made ine years, when, in 1882, the original act of 1867 as amended in was still further amended by reduction of the term of office of the issioners to three years-and addition of a provision that their ointment should be "with the advice and consent of the Senate." following year, 1883, the legislature recognized the necessity for Officer to superintend the protection of game by providing for the intent by the selectmen of every town of two or more game war"to assist in detecting and prosecuting offenses" against the game Their compensation was to be the same as that received by grand rs for similar services in criminal cases, their term of oflce was two s, and they were invested with the same powers as other officers to st for violations of the game laws.
x years elapsed before another change was made. In 1889 two similar acts were passed, one providing for the appointment of g e wardens, the other providing for the appointment of fish war. The county commissioners of every county were to appoint one ach of such officers for their county; the term of office was aced at two years; power to arrest for violations of the respective l was conferred upon them, and they were authorized to deputize person to assist therh in detecting and arresting offenders; and Were required to take the oath of office. Game wardens were
14 GAME COMMISSIONS AND WARDENS.
given power to search any refrigerator or other receptacle in anyplace where gray squirrels, ruffed grouse, woodcock, or quail might be sold bought, or transported in violation of law, while fish wardens were authorized to search any basket, bag, vehicle, or other place where fish were kept or carried. The fish wardens were allowed the same fees grand jurors received in criminal cases, and in addition onehalf of the fines recovered where the offenses were detected by them. No compensation was provided for the game wardens. A peculiar and somewhat anomalous provision of each act required the county, commissioners to furnish the names of the wardens upon request of any citizen of the State. One effect of the fish-warden act was to take away from the fish commissione-rs the power to appoint wardens conf erred upon them by the act of 1872. In 1893 the legislature declared that in prosecutions relating to game the warden, deputy, or other officer making the arrest should be entitledto a f ee of $10 where conviction was had, to be taxed as costs against the defendant. During the same year an act was passed granting to the commissioners of fisheries the right to appoint not more than three special deputies who should perform in any county of the State the same duties and receive the same compensation as the fish wardens authorized by the laws of 1889. Another act of the same year, amending the act of 1889, authorized the county fish warden to appoint not more than 10 deputies. Consolidation of fish and game interests took place in 1895, when the act (ch. 46, p. 465) creating a commission of fisheries.and game wag passed. It provided that. on or before May 1 of that year and biennially thereof ter the governor should appoint three conimissioners of fisheries and game, to succeed the officers already existing and to exercise the same powers. The compensation remained as before, but the new commissioners were granted an allowance of $200 a year for.. clerical expenses. Their duties included the supervision of fish batcheries; introduction, distribution, and preparation of fish and game; and enforcement of the laws, for which last-mentioned purpose they were given the powers of other officers to arrest and prosecute offend- 1 ers. They were also empowered to appoint the necessary number of special protectors, who could serve in any county and under the same compensation allowed fish and game wardens. With some additional. power the present commission *18 substantially the same as that created in 1895.
A few States while retaining the combined duties of enforcement:. of fish and game laws in one office, have found it expedient to assign the' purely economic work of fish culture to another board; but New York Oregon, and Tennessee have not only continued to allow one. officer to perform the different duties, in spite of their growing importance, but have also committed forestry to his charge. In 8 States-: Florida, Georgia, Kentucky, Louisiana, Mississippi, Nevada, South Dakota, and Virginia-the game laws are still administered by county
ESTBLIHMNT 15GM 0 MS1.S
os. 'Bt a s of m pre on develop, the
loca sy e wcomle. m1ore and more inadlequtev, and most Sttes hiave
rit with the stronger one in which the dutivs are committed to
aof commissioners or to a State game warden and his alsisitats.
oftesproity of this plan is found in the t tat it h
nwbeen adped by 89 states, as shown in Phte I (frontispiece) and
inth owmingr tabie:
Tabe stonstgAteef (.Wfiwn Qflhlsm~ Gaim Cmiei and Niade Wairden xhi p.
s Title. Datc.
State game and fh o m on r .....................................
A io a .. ........... Fis an ga eco m si ... ..................................... 1
Jurisdiction ... ...................... ......... 1
........... fish e o nm ; er ............................................. 177
Juri action extended to e ................... I19I
State e and fish commissionerCon ec iu ............ C m isin r one fshrie .h.o..the..h.. lar. est. ci.i................... l,%6
Comm ion of fisheries and gam ..... ................................. 19
Deaw re.~........... Delaware game protective association ................. IS79
o .....i....... Fish a ge ...............................................ge r
I .. .... Gan e warden (one foreachof th thre .. r.. s ti.................... l9
State game comm .9.....................9 1
.............. Commsioner of flherl...... 11
Commissioner of fisheries and ga18 9.........................9......... I
Itota ...s an f ga.e.e............ S i g97
.......... or e.... ...................... ......... .......... 1977
S oners of fheries............................. ... . t178
Jurisdiction extended to game ... I,........
Corners of inland fisheries and game ............1 89
Mayln ....... Board of seilducking polic
Gam w r e .. .............. du ce...... ,............... .................. 1,10
........ Ce of f4she ...6
Jurisdiction extended to game ... ........... 18
m............... and fish warden department .................................... 1887
iomi............. ssioners of fisheries ...................... 1874
State warden .1 Boardof game and fish commissioners ................................ 1891
.............. and fish warden.. I95
Monan ......... Board of game and fish commissioners 18................I95
State game and fish warden ......................................... 1901
a.e........... and fish commission ............................................. 1901
NewHah....... commission ........................................................ 186S
Board of fish and game commissionen ................................. 1878
NCommissioners of fisheries.... ....................... 1870
Jurisdiction extended to game ......................... 18
Board of fish and game commissioners .............. 1895
........... and fish warden ............. ...... 19
S............ n of fheri e ............. ....... ........ ... ... 1"6s
Chief game and fish protector ..................................... 1
Forest, fish, and game commission ................................. 195
Noo........ n Soiety of North Carolina .... 103
.. District game warden ...... .. .. .. . . .............: 1 190
Ohio ...o............. i ners of sher 1873
Commissioners of fish and game ......................
Or ............. ial game and fish warden .................................... 1
Oeo.........Game and fish protector 18943
Game and forestry ..........................................
Pe ns i .. Board of o ........................................... 1895
RhodeIominior......... oof birds .... ............................ 1899
Si na ....... Audubon Society of South Carolina ................................. 1907
.. . State warden .......................................................... 1903
State warden of game, fish, and forestry .............................. 1905
Ti ................. and oyster commissioner ......................................... 1895
Game, fish, and oyster commissioner ... 1907
Utah ........ State fish and game warden .. 1897
State fish and game comm owner 1899
VerFis .............. Fn .... .- ............. 1867
Fish and game commission ......................................... 189"2
1Fish and game coi 19soer i04
Wsigo.......Game warden 19
iState fish commissioner end game warden. ......... 1899...ls$
EGame and fish ward n ................................. 1897
~tt erarden wade.. 1891
W isconsin. ----- --- S ate warden .................................................... l"'9
W o ig.Fish commissioner ....................... ............................... 1879
Jurisdiction extended to gme ................................. 1895
n .. ... ... ... .... ... ... ... .... ... ... ... ... 1899
State game warden.
16 GAME COMMISSIONS AND WARDENS.
One Territory and 13 States-Arizona, California, Connecticut, Delaware, i~laine, Massachusetts, Minnesota, New Hampshire, New Jersey, North Carolina, Ohio, Pennsylvania, Rhode Island, and South carolina-commnit the administration of their game laws to boards of commissioners whose membership, except in Delaware, North Carolina, and South Carolina, ranges from 3 to 6. All except those of Delaware, North Carolina, Pennsylvania, and Rhode Island are also charged with the enf orcement of the fish laws. In California the board is a fish commission with jurisdiction over matters pertaining to game. In Ohio not more than 3 of the 5 members, and in New Jersey not more than 2 of the 4, may belong to the same political party-an effort in each case to preserve a nonpartisan body. Pennsylvania also prohibts appointment of any 2 of the 6 commissioners from the sam' senatorial district. As a precaution against the retirement of all the members at the same time, Ohio, in the act creating the commission, provided that one should be appointed for one year, another for two, another for three, and so on, and at the expiration of the respective terms the successor should be appointed for five years. Pennsylvania adopted a similar plan. In this way there is always a quorum familiar with the duties of the board and the greatest efficiency is insured.
Office.-In most cases the State commission has an office at the Statej capital, but -in California, Connecticut, Delaware, New Hampshire, New Jersey, and North Carolina, the main office is located in some commercial center, or the business is transacted at the place of residence of some member of the commission.
Appoitment.-in every State the commissioners are appointed by the governor, and it is usual to require their confirmation by the senate or executive council. No special qualifications for appointment are required by the acts creating commissions.
Ter?). -The terms of service vary from two' years in Arizona and Con necticut to five years in Massachusetts, New Hampshire, New Jersey, and Ohio. In California the commissioners serve "during the pleasure of the governor."'
Bond.-Ohio is apparently the only State which requires the members of the board to give bond ($2,000), but this is a common requirement when the duties of the office are intrusted to a single commissioner or warden.
Compensation.-Jn Arizona, California, Minnesota, New Jersey, Ohio, Pennsylvania, and Rhode Island the commissioners receive no compensation, the position being largely an honorary one, but not without responsibility and care. It is customary, however, to allow them a sum, usually fixed by law, to defray their expenses. In Arizona
aIJn Delaware, North Carolina, and South Carolina incorporated societies exercise the functions of a commission, as explained on p. 18.
13 .2, lwclSrv.y, U. S~ D -pt (fA~iuu PLATE I11.
"T E NAN
ARI- I\ IND ARK.----------__ G
FIG. 2.-STATES (RULED) WHICH HAD GAME COMMISSIONS IN 190.
AP$SHWI4G RORES N ETALIHMET F AM COMISINS
legislature of 1905 appropriated $698.25 to cover the expenses the commissioners for the years 1903 and 1904; in Minnesota Commissioners receive their necessary expenses, to be paid upon mized statements duly audited by the conunission; New Jersey .ws ea commissioner $200 per annumn for traveling expenses; and Ohio the commissioners receive reimbursement for all expenses urred in the discharge of duty. Nothing is stated in the laws of lifornia and Pennsylvania in reference to the expenses of the cornsion, but the legislature appropriates an amount for use in the permance of their duties. Rhode Island in 1907 set apart $300 to be d by the commissioners of birds during that year. The other four Stes provide regular stipends. Connecticut allows each commissioner per day and his actual expenses while officially employed and also nts 200 per annum for the clerical work of the commission; ine pays the chairman of the commission $2,000 a year, the second missioner, who is also land agent, $2,000, and the third comsioner $1,000; Massachusetts does not specify the salary of the missioners of fisheries and game in the statute creating the office; t New Hampshire allows the chairman of the board of fish and game missioners $1,000 per annum and the other two members $800 each. Dutie and power.-The duties of the commissioners in every State arsimilar and comprehend every phase of game protection. Their ers in some States are very broad and extend to the enforcement the laws by action without warrant. Thus in Arizona, Maine, assachusetts, Minnesota, New Hampshire, New Jersey, and Rhode and the commissioners may arrest without warrant under certain ditions. They usually have power to appoint deputies, fix their pensation, and prescribe the terms of their service. In Maine the missioners may, when they deem it for the best interests of the Ste, entirely prohibit the taking of any kind of game in any part of SState for a series of years not exceeding four, but are required to mke periodical reports to the governor or the legislature, showing in tail these and other transactions of their offices. Board meetings.-As the commissioners usually serve without coimsation or for small salaries and reside in widely separated sections the State, it is not contemplated that they shall hold continuous S but merely assemble at stated times for the transaction of business. Thus, in Pennsylvania it is provided that they shall have an ice in the State capitol, where they shall hold meetings on the first ursdays of January and July and at such other times and places in SState as they shall appoint. In Minnesota the commission is reired to have an office in the capitol, where the members meet at suh times as they deem necessary. Similarly, in Ohio the comnnisners maintain an office in Columbus and meet as often as necessity
18 GAME COMMISSIONS AND WARDENS.
Executive officer.-Under the conditions just described it is obviously necessary that there should be an officer, with a definitely located office. to perform the duties and attend to the business of the commission when it is not in session. The Arizona commissioners designate. one of tbeir number as business agent. In California the fish commis-, sion has a chief deputy, who devotes his entire time to the duties of the commission. The Minnesota law authorizes the board to select one of its members as the executive agent, who is required to devote all of his time to the duties of his office, and is empowered to exercise all the rights and authority of the commission when it is not in session. His compensation is placed at a sum not to exceed $2,500 per annum, and he must give bond to the State in the sum of $5,000, conditioned upon the faithful accounting of all State property coming into his bands. Pennsylvania also makes provision for a secretary, who acts in the capacity of chief warden and business manager for the commission.
Jneor orated soe;Xes-ln three State s-D elaware North Carolina and South Carolina-the enforcement of game laws is intrusted to incorporated associations. The Delaware Game Protective Association was incorporated in 1879 by special act of the legislature. The charter of the society conferred upon it all the powers of a modern game commission and intrusted to its care the administration of the game laws of the State. The original incorporation was limited to twenty years, but in 1899 was extended perpetually. The president and secretary of the society are the principal administrative officers, but each.member is empowered by the charter to enforce the game laws and incidentally to arrest offenders. The secretary is the only salaried officer. The fees for membership constitute the game-protection fund, out of which the expenses of the society are paid.
In North Carolina and South Carolina administration. of the game laws is committed to the Audubon societies, which have been incorporated by special acts of the legislatures of these States. The executive officer in each is the secretary, who, in all respects, except name, is the State game ward en. He i'selectedby the members of the society, holds office for one year, and receives a s alary which is fixed by the board of directors. The treasurer of the society, who has charge of the disbursement of State funds received from bunting licenses, is appointed by the governor. Bird and game wardens are appointed by the governors on recommendation of the secretaries of the societies. Funds for carrying on the work are derived f rom membership fees, subscriptions, and the fees from nonresident hunting licenses, which in North Carolina during the past year amounted to a total of about $10.,700.
The plan of intrusion duties of this kind to incorporated societies has met with favor in Nova Scotia and some of the States of Australia, but
STATE GAME WARDENS. I
l the United States ha not be generally adopted. In Ne erse it proved very unpopular, and after an experience of about twenty eaTS Was abadollned. It should b explained, however, that this millay have e due in part to the extraordinary powers grand the society del the act of 1873. In Delaware, for several years, an effort has bee made by the mIembers of the society to transfer the work to a
ly organized game conimission on the plea that the duties could thus be more effectively performed. North(arolina was the tirst State toincorporate its Audubon society and confer such extensive authority upon it-a method of enforcing the game laws which in this State has survived the experimental stage and is now a demonstrated success.
STATE GAME WARDENS.
Twenty-three States and two Territories- Alabama, Colorado, Id~~abo, Illinois, Indiana, Iowa, Kansas, Maryland, Michigan. Misouri, Montana, Nebraska, New Mexico, New York, North Dakota, OklaOregon, Tennessee, Texas, Utah, Vermont, Washington. West Virginia, Wisconsin, and Wyoming-provide for a single official to direct the affairs of the game department, the title of the office varying somewhat with each State.
The constitution of Nebraska (Art. V, sec. 26) prohibits the creation of any executive State office other than those therein mentioned and provides that duties devolving upon officers not provided for shall be performed by those already authorized. In compliance with this provi sion the legislature of 1901 in the act establishing a game and fish commission, declared the governor the commissioner. The actual duties of the office are, however, performed by a chief deputy, appointed by him, with headquarters in the capitol.
North Dakota formerly had a State warden, but in 1903 the legislature divided the State into two game districts and created the otlffice of district game warden in each district. In a large State or in one of varied topography where the different sections requiring supervision are widely separated this plan has the advantage of permitting the warden to exercise a closer supervision of his territory. Thus in Colorado there are five chief game wardens, each assigned to a definite territory, and all under the supervision of the conunissioner.
The office of State warden in Tennessee is a cabinet position, the department of game, fish, and forestry having been made o~nc of the departments of the State government.1
The legislature of Washington in creating the office of State game wrden in 1899 directed that the State fish commissioner should be ex officio warden; and in 1905 authorized him to appoint a chief deputy who should devote all his time to the game interests of the State. The magnitude of the fisheries industry in Washington and their conseaThe samne is true of the office of fish co mmi sioner in Pennisylvania.
20 GAME COMMISSIONS AND WARDENS.
quent demand upon the attention, of the commissioner made it necessary to relieve him of the work incident to enforcing the game laws in order to insure more efficient administration of both branches- of the service.
There has been and still is much diversity of opinion as to the advantage of a single officer over a board. Minnesota at one time intrusted the warden work to a single State game warden under the act of 188t, but four years later established the present system of a board of game and fish commissioners responsible for the policy of the work, which is actually performed by an executive agent. Montana, on the other hand, in 1895, established a board of game and fish commissioners, and three years later replaced it by a State game and fish warden. New York has tried both plans, but has now placed the work in charge of a single commissioner. Prior to 1904, administration of the game laws of Vermont was committed to a commission of two members, who served without salary, but the legislature of that year abolished the old commission and reorganized the office with a single commissioner at its head. In Wyoming, after the creation of the office .. of fish commissioner in 1879, the legislature intrusted the duties to a board of six members from 1882 to 1884, and later returned to the original plan of placing the warden work in charge of a single officer.
Appointmen.-In every State and Territory above mentioned, except Alabama, where the commissioner is elected by the people, the officer is appointed by the governor and with few exceptions confirmed by the senate.
Q ltation.-Scarcey a State prescribes any qualifications f'r A the incumbent of the office. Colorado requires the appointee to be skilled in matters relating to game and fish; Kansas, that he shall pos- sess the requisite knowledge of the duties of a fish and game warden, and Utah that the commissioner "shall not be a member of any hunting, shooting, or fishing club."
Ofce.-The office of the State warden is not always at the capital of the State. Frequently when no provision is made for him in the' Capitol, he maintains an office and transacts his business at his place of residence. At present the offices of the commissioners and wardens of Indiana, Iowa, Kansas, Maryland, Missouri, North Dakota, Oklahoma, Oregon, Vernmont, Washington, West Virginia, and Wyoming are located at, so~e\distance, from the capital. a
iThri-The t ,rm of office fixed by law varies from two to eight years (see P1. III). In Colorado, Idaho, Maryland, Missouri, Nebraska, New Mexico, North Dakota, Texas, Utah, Vermont, and Wisconsin it is two years; in Iowa three years; and in Alabama, Indiana, Kansas, Michigan, Montana, New York,. Oklahoma, Oregon, Washington, West Virginia, and Wyoming four years. The term of the Illinois
a For addresses see Directory of State Game Officials, 1907, Circular No. 62, Biological Survey, U. S. Department of Agriculture.
Bull. 28, Biological Survey, U. S Dept. of Ag6culturs. PLATE Ill.
YEAR5 8 YEAR5
. .... . ........ ... .....
C,41 b rORNI 4
MW // 41 W, OSIIIRZ
MCW dZ-19SI-Y ACW MZ-XIC0
01r 4110", 4
AYNNS YZ V,4NI, 4 R110,91- ISIAND
DIAGRAM SHOWINa TERMS OF SERVICE OF STATE, GAME COMMISSIONERS 4: AND WARDENS.
srATF (tAME NVAIMENS. 01
1%-itll tll:lf ()f till- :11q )(m itilitr 111111, and tilt,, terin of Ow lrovvi-nor is f'oui* yvais, )114. (11, t Ill- 11 J1111'1"-t (4,1*111-, jussigned 11v law for .11111V L"UM, official ill t lic V lliti'd %- tafc-, i, I hat (it'
sevel-111 States provi(le that the state otlicial 11mY k. I-1-111m 1 1 v I fit, 90N'(11111101. for trood catl--w, but the W vollmlir 110 111:1t I it ft) 1.4
removal the StlitV tr:tlll(l NV411'(1011 Sh',L11 1W 1W.11'(1 ill Ill-, (1\\'ii
Ill ike Inellibers of g-:1111c. cofilln is ll m s. tilt- ,iI14 It, (Ojhccl-in ell-11-re ()f tr-jjlj(,- excel)t ill :1 :11,1* 1'0quired to give bond. conditioned usually til)(m P1'()P(T alid t.1itilhil
ditichartre Of their duties alid accoulltabilitv I'm. :111v hlwll tbeir luand-,;. Ill Michio-all the liabilitv 11 mil Ow 'State '111d ti.- Il
warden's hond extends also to ill(lemilitv fol. all wrowrhil 'act, (4 011. warden and hi-, deptitie.s while 'Hic :1111(mlits ot* finest,
bonds vary fiom %, Dy..)oo to Sew York, kjtl allla. Cid()rado. Idallo., llichiu-111. Ore(ron. Utah. alld Wasililw-toll. S_.(1()(). loll taila and Wvomin(r. Iii(liana and New Mexic(). S2.i)(m): North
Dakota. and Tenne ;see. MO. No bond eelw t( be I-equil-c(I
ill Illinois., Iowa, Kansas. Mam-land,
and Wisconsin unless by gelleral statute or constitutional provl ,]()11.
01)1_190?mflion. --Ill evei-y State and Territory except '_\oi-i h Dakot:1. Oklahotma, and Teniies-,ee. the State or Terl-itoria I wa rdell of- t Ile executive officer of the commission receive".4 a s"114ary lisuall v collillit'llstil'atol witlithe services rendered. (See P1. IN'.) Nooh Dak()ta allows the di trict game wardens )'o per cent of tile, 1111116114'. licells( fee- collect(A ill their respective districts.(, Oklallonla lallolv:. the Tel-ritol-lat war(leu one-half of the fees ($25 ill district courts and ,-7',D) ill justice court- ) taxed as co-;t,, a(rainst defendants ill eN_0111, Conviction, but Ill Tcllllo.,. ."Oo the Stat(_ Nvarden not only serves entit-ely without salary. hut adv:uices the monev llece:_ SIIIW to carrv oil the office.',, York. oil flie othethand, pays tile fore ,t. fish. and grille colllllli- .,- lonvi- a N-cal. alv[ necessary expenses. Ill ten other State.~; the s zilal-le---; of t1w chict,
officials are '--1_',2.00O or ill Ahthania. 11himis.
(executive agellt). MCls-sacliusetts (chail-Inall). awl Texal- : S2j()11 ill Montana. S,__2.000 in Maine (chairman). all(l
Washington. Ill four other Mallo. "\ew AfexW(1.
and AViscollsill--the stalarie are ill till-eV Kzlll:- ,ls. N ehra-ka.
and WyonihiO--,-_,-)1,.-)o ); ill five-Indiall't, Iowa. and -Utah -$1, 20(); and ill two-Verniont an(I We ,t N-11.1-illia
arly every State and Territol-y allows it,.; Nvar(leli all ailloillit I'm. expenses. Tile following table shows the titles of t1w offlcizztl,- t1wiiternis of office, ,.;,,111aries, and aniount an(I cliaracter of expens(,,S allowed.
'The amount collected in t1w t\v(, dl.- tracts ill 1905 was
In his report to the legislature of iw7 tilt, warden states t Ile facts aiv timi i mr State warden has served the State for four years wdlowt M111 ill tilt, IlIc.111tillit, advanced front his private means the sum of,,,,5,OoO.-
0 0 00 -4
0 1-4 00b
-'4 4 4 4 4 4 4 4 4 4 < 4
S. ? C.)~4 V *** < V
C3 U 4zoos4
w cc co a400 c
.OVV 0VVV V. iO)VVV V
71 7-- r4.4 4,c* .
ts .0 :4
4 qc 04 4 4o to o 4 4 'r 4 lL 1 l'lrl4 LO
4 4 4 4 4
0Q.): 0 0 0 0 0 0 0 0
0~~~ be 0 0 0 0 0 ~ 0 (. V * ~ Ci~OO Ci*11,C
.4 C ) Er 40
::c C)~C O t C~ rC
In .cd- 0: 4z 0 4z a
00 4~~' t4 444 4 4
4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 440
4 4 4 4 4 +5 4 4 4 4 4 4 4 4 4 4 > 4 4 4 4 .4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 44
4.." 4i 4 = 4z Z! 4 4 4 4 4 4
0 04 a) WS 0 4d 4 0 43 4 5 6- = c 0 4. 0 <4 r.. .:: Q~ -4 Ar4 4 4 4 4 4 4 4 4 4 4 4 4 4 4r
l c 4 4 4 4 44 4 4 4 4 > < 4
44444 ~ ~ ~ ~ ~ ~ ~ ~ ~ S I 4 4 4 4 4 4 4 44
ce 4) 4 4 4 4 4 4 4 > ~ 4 >
I 4, 4 4< 4 4 ~ L4 4 > 4 4 4 4 4 4 4 4 4 4 4 4 4 4 ,
TERM, SLARISO XPENES.23
V: 0. ac e
V .e. c
E,2- 7SIC = -' ;zAA
A I C3 A z 450AA A o
Most of the States provide te office in the State capitol, and other facilities, and Maine sev
tion of $1,000 for preparing in the office of the ico of the native mammals and birds as a nucleus of a State m
Several States allow their officers certain specified cle assistants, as follows: Alabama, clerk; Colorado, clerk at100 Idaho, clerk at $1,000; Illinois, not more than 10 assistant clerk at $1,200 per year; Vermont, clerk at $365 a year.
Duties and powers.-The duties of these officials va each State, but on the whole they aim at the same resultservation of game for the purpose of furnishing both a valuable food supply, and of nongame birds for economic reasons. In all the States except Illinois and North Dakota cover the protection of fish as well as game. Both dut a will be further considered in connection with administrative with which they are closely interwoven.
Five southern and two western States-Florida, Georgia, Louisiana, Mississippi, Nevada, and South Dakota-still ad county warden system and rely exclusively on local officers enforcement of their game laws. In five of these States w appointed only upon petition of a certain number of citie county-in Florida from 75 freeholders; in Georgia f rom holders; in Mississippi from 10 reputable citizens; in Nev taxpayers; and in South Dakota (for big-game wardens) f citizens.
Appointm nt. -In Florida and South Dakota appointments are bv the governor; in Georgia by the judge of the superior c Kentucky by the county judge; in Louisiana by the police jur;an in Mississippi and Nevada by the county commissioners or super In Louisiana and Mississippi wardens have no jurisdiction over matters, and in South Dakota (which provides for the appoint o game wardens only in counties where big game exists) the enforcement of the laws for protection of small game is left to the fish ward Kentucky and Louisiana authorize the appointment of one or m county or parish wardens, while the other States restrict the numb to one in each county. Kentucky, Louisiana, Nevada, and Sou Dakota place no limit on the term of service, but Mississippi fixes the term at four years and Florida at two years. In Florida, Kentucky, Nevada. and South Dakota the wardens are required to give bond. Georgia also provides for wardens to protect nongame birds exclu-
Bull. 418, BiotogicAl Suivvy, U S Dopi 4A Ago ulturw PLATE IV.
1)fooo $""()Oo __$3000 '$4000 $5000 41.49,4U4 ',4W1Z0A1xf
c01vN1"r11c611r ,01,Z,4W4Ay- h la4110 IZZIN015 IN1014w
A12W llztsz-y Nz-w "I-X/co Nz-w YORIr NOR111 CA90VN4 NORT11 9,41(07,4
OffZ,4110M,4 ORF649N PZ-NN5YU141V14 b RVOOf- 15Z4Nd7 ; J'01171--1 C,419OZIN4 Z-NNZ-SS1T
w-R1woNr W54511INGAON I
DIAGRAM SHOWING SALARIES OF STATE GAME COMMISSIONERS AND WARDENS. a.'Serve without salary. b..Salary not statetl in law. c. For 41ctails as to coinpensation see table, pp. 22, 23.
DISTRICT AND CITY WARDENS. 25
y. Tlese wardens (there may te one or more in each county) are nted by the judge of the superior court for an unlimited term Shave the sane powers as a sheriff in making arrests. utind j eer.-The county warden is usually empowered to int a sufficient number of deputies to assist in enforcing the law. chief duty is to detect violations and institute prosecutions by lg coplaints.
i.-The big-game wardens in South Dakota are allowed a month, payable from the game fund of the county, but most ats that have county wardens allow them very meager compensa. Nevada restricts the amount to $20 and Florida to $60 a month, Ssever States allow percentages of fines or the usual criminal Ins. Florida, Mississippi, and South DI)akota funds for payment of ty wardens and for expenses in enforcing the game laws are ved from the fees for hunting licenses. Addition to the foregoing cla-ss of wardens, it remains to mention county wardens in three States, who, while not the sole game ers, are more or less independent of the State department. The c t supervisors in California are authorized to appoint a game en for their county. This warden is directly amenable to the d-of supervisors. His salary is graduated according to the popul n of the county, from $50 to $125 a month, payable from the ty treasury, and each warden is allowed $25 a month for expenses. e county commissioners in each county in Washington are authorto appoint a county game warden and must do so upon request of reebolders or taxpayers. The salary, which is payable from the ty game fund, is determined by the county commissioners, but can be less than $25 or more than $100 a month. The county warden thorized to appoint special game wardens, but they receive no
SWyoming the county commissioners of each county may appoint ne warden for the county. This warden is entirely under the rol of the county commissioners and is allowed such compensation e county commissioners may determine, to be paid out of the f at their disposal.
DISTRICT AND CITY WARDENS.
I the District of Columbia the enforcement of the game laws is sted to the police department, the work being placed in charge he superintendent of metropolitan police, who has at his disposal sum of $500, appropriated for this purpose each year by Congress. superintendent of police is also the game warden of the local game active association and performs all the duties usually assigned to mmissioner or State game warden.
26 GAME COMMISSIONS AND WARDENS.
in Virginia each city may have 2 wardens and each maisteia district 1 upon application of 5 resident freeholders. The city wardens are appointed by the city or corporation court and the dfistrict wardens by the circuit judge. Special provision requires, how-~ ever, that in Accom-ac and -Northampton counties the wardens are to be 'appointed on the recommendation' of the Eastern Shore Game Protective Association, to which they make- their report and by which they are paid out of -the returns from hunting license fees. The term of the city and district wardens is four years and the competition not to exceed $300 a year, paid from hunting license fees. Beside these regular warden-s the commanders of the oyster police boats are constituted game wardens, and in addition to their duties in this capacity are required not only to enforce the game laws of the State, but also to execute the laws of the LUnited States relating to the protection of game.
The-operations of the game department can scarcely result in substantial success without the assistance of local officers, each with a limited territory over which strict surveillance can be maintained. This is as true as the converse of the statement, that local officers with- out a central head rarely do effective work. Most of the States and Territories have provided local officers of varying titles, whose number and terms of service depend largely upon the ability of each State to provide means for payment. The highest salary paid deputy game wardens in this country is $1,500 a year, which is allowed the J special deputies in Montana, who are allowed also $300 a year for traveling expenses. As these wardens hold office for four years, it will be seen that the position is one of standing and of adequate compensation. From this maximum the amounts received grade downward to the scanty allowance of criminal fees, and finally to service without any compensation in several States. The meager compensation resulting from the percentage of fines secured sometimes allowed deputy wardens is hardly sufficient to enlist the services of active men, and the Scheme adopted in a few States of paying deputies a per diem amount while actually performing service seems a better method where f unds are insufficient to keep these officers constantly employed.
The sources and methods of appointment of the subordinate wardens vary widely, but more satisfactory results seem to follow appointmnent by the State game department or official, to which they are thus inade directly amenable and by which they can be removed in case of incompetency or dereliction of duty. By this method also appointments, are removed from local and political influences and thie warden is untrammeled by any such considerations.
SUBORDINATE OFFICERS. 27
nun4r of Sta e t have pWovided several chasses of wardens, froni
ict warde, with supervision over a large part of the State, to depCORvty waren, or one with even more striced territory Cidii, Colorado, Illinois, Maine, Marylad, Montana, Vermont, and a e r States vest their wardens, or some of them, with jurisdicover the whole State, and it is evident that such a systern may be active of much good. With powers restricted to one county, as e ce in several States, it sometimes happens that violators escape y beca the Warden can not follow then outside of his own
ted territory. The Colorado scheme of warden service seems well ted to the needs of game protection and has the advantage of ability in States where funds are insufficient to keep an adequate er of wardens employed during the entire year. ''There is a deputy a g~e and fish commissioner, at a salary of $1,500 per annum.
chef wardens are appointed by the commissioner, at a salary of $00
ar and n allowance of $300 a year for traveling expenses, with jurtion over the whole State. The next grade includes deputy game ens, the number not to exceed ten at any one time. These are inted by the commissioner for a limited period, are allowed $100 onth while-actually employed, and have jurisdiction coextensive Sthat of the chief game wardens. Next in order are the special e wardens, appointed by the commissioner, who receive no stated y, but are entitled to certain fees and perquisites. The fourth class ists of licensed guides, who have the powers of deputy wardens.
SAlabama the State game commissioner may appoint a warden in county, whose term is four years, with allowance of one-half of nes, penalties, and forfeitures collected under the game laws in his 11 couty.
SCalifornia the board of fish comnissioners may appoint a chief ty and other assistants, with jurisdiction extending over the entire and compensation assigned by the board and paid from the operations allowed that branch of the State government. The ty wardens, as already explained, are not directly connected with State board of fish commissioners, but work in cooperation with it.
I Connecticut the commissioners of fisheries and game appoint a en for each county, who serves for two years. The county warden appoint 10 and not more than 20 special fish and game wardens
chis county, to serve.during his pleasure. The county warden and
intees receive no salary, but are entitled to a fee of $20, taxed
sts and collected from the defendant in every conviction.
e State warden of Idaho, like those of several other States, has ority to appoint a chief deputy at $1,200 a year, two assistants a clerk at $1,000 a year each, and on petition of 10 or more resident yers as many deputies as may be necessary in each county. The f duty, assistants, and clerk are under bond of $3,000 each, and
28 GAME COMMISSIONS AND WARDENS.
the chief deputy and assistants are entitled to traveling expenses not exceedingr $600 each. Each county deputy is under $50 bond, is allowed traveling expenses when sent outside his district, and recives $3 for each day of actual service, not exceeding, however, 150 days in any one year.
In Illinois 16 game wardens are appointed by the commissioner, with power to act anywhere in the State. Each receives a salary of $900 a year and actual expenses while under direction of thecimms sioner. There may be 3 deputy wardens for each county, appinte by the commissioner, with jurisdiction over the entire State. They receive for their services $2 a day while actually employed and oe-~ half of all fines resulting f rom complaints filed by them. The com.missioner may also appoint as many special deputy wardens asncs sary, who are allowed one-half the fines recovered when they file the complaints.
The deputies in Iowa are appointed by the State warden. They receive no salary, but are allowed a reasonable compensation in the judgment of the county supervisors, to be paid from the county treaury, and when they are inf ormants ar~e entitled to a fee of $5, in each instance, to be collected, in case of conviction, from the defendant.
In Kansas the deputies are appointed by the State warden, one or more for each county, upon request of 10 or more resident taxpayers. As compensation each receives a fee of $10, collected as costs from the defendant for every arrest resulting in conviction.
The fish and game wardens in Maine are appointed by the governor, oupon the recommendation of the commissioners of inland fisheries, and game, to serve for three years; but the deputy game wardens are appointed directly by the commissioners, who also fix their compensation.
The only subordinate wardens authorized in Maryland are the deputy game wardens, who are appointed by the governor upon the recommendation of the State warden. They may be appointed for the whole, State or for a specified locality, and receive such compention as they and the State warden may agree on, payable from fines collected for violation of the game laws.
The deputy warden system. of Michigan is somewhat more elaborate than those of most States. The State warden appoints a chief deputy, who receives a salary of $1,500 and exercises the functions of th office in the absence of the State warden; not more than 10 deputy game wardens, at a compensation of $3 for each day of actual service 'and with j urisdiction over the entire State; and from one to three county game and fish wardens for each county, subject to his control, but with j urisdiction limited to the county, and compensation fixed by the county supervisors. A novel feature of the Michigan law is a provision permitting the Audubon Society of that State
SUBORDINATE OFFICERS. 29
name four deputy wardens (whose territory is determined by the cety) to have the powers of other deputies, but to serve without opensation from the State or county. he number of pI-osecutions for violations of the game laws of Minnota and the variety of questions involved in the cases that reach Ss prem court of the State indicate a successful administration these laws, and in this connection it may be significant that the ard of game and fish commissioners is given freer hand than in m st States. Enforcement of the game laws is int rusted to the execute agent, whose powers, compensation, and duties have already been gained (see p. 18), to wardens placed under the supervision of the cutive agent. These wardens are appointed in such number, at such cpensation, and for such terms as the board consid(lers n ecessary. he State warden of Montana is authorized to appoint not less than ormore than 12 special deputies, having jurisdiction over the entire ~t, for a term of four years and at a salary of $1.D00 per annum Sthe fees allowed sheriffs in criminal cases. l1e may also appoint uties with the same powers as those exercised by special deputies. hereseem to be no regularly and permanently employed deputies new Hampshire, the board of fish and game commissioners being powere to appoint 'special detectives in cases of prosecution relatto fish and game.' The compensation of these appointees is paid the board from the fish and game fund. he number of deputies authorized in New Jersey is large, when a size and position of the State are considered. The bI)oard of fish Same commissioners may appoint 25 fish and game wardens, one be, chief game protector and exercise supervision over the others, an it may also appoint as many deputy fish and game wardens as are demed necessary.- The salary of the chief protector is 100 a month, a that of each of the fish and game wardens $50 a month: the deput wardens receive no salary, but are entitled 4o fees collected in secutions by them.
he New York system is very similar. The conunissioner of forfish, and game appoints 75 game protectors, who hold office during i pleasure. One is appointed chief protector, with supervision over e' others, at a salary of $2,000 a year with a provision for an increase $500 at the expiration of five years of service; hlie is also allowed .000 a year for traveling expenses. Three of the protectors are pointed assistant game protectors the first assistant at a salary of 400 per annum and the second and third at $1,200 each, with an awance of $750 a year for traveling expenses. The other protectors reive $600 a year as salary, $450 for expenses, and one-half the fines oerduon information furnished by them. They are required ....rcvrdupon e rquiei
report monthly to the chief protector. The commissioner may also oint pecial game protectors when such action is recommended by
30 GAME COMMISSIONS AND WARDENS.
the supervisors, of any county or by a game club. These special protectors have all the powers of -game protectors except that of searching without warrant, but receive no compensation from the State.
The secretaries of the Audubon societies in North and South Carol* a select the bird and game wardens and the governors appoint them. Their compensation is fixed by the secretaries and paid out of the f unds at the societies" disposal.
Ten game protectors are authorized by law in Pennsylvania, one of whom is designated by the board which appoints them, as chief protector and secretary of the board. The chief protector has supervision over the others. They receive salary or per diem as & board may agree with them, payable from funds appropriated for game protection. The board may also appoint one deputy game protector f or each county, whose powers are the same as those of the protectors, but whose compeDsation consists of the f ees usually allowedCODstables f or performing similar services. As many special deputy game protectors as are necessary way also be appointed by the board without compensation.
In Texas the State game, fish, and oyster commissioner may appoint a chief deputy commissioner, at a salary of $1,800 per annum and expenses, and deputy commissioners who receive $3 a day while actually employed and are allowed their necessary expenses, all to be paid from the game-protection fund.
Vermont provides one or two county wardens for each county, appointed by the game commissioner at a compensation of $2 a day and expenses while actually employed. Deputy county fish and game wardens,as many as are -necessary, may also be appointed by him at a compensation of $1.50 a day and necessary expenses while officially employed.
The State warden of Wisconsin',with the approval of the governor is authorized to appoint two.or more special deputy wardens in each Congressional district at a per them compensation determined by him and payable from the hunting-license fund for time actually spent in service. The county board of any county may authorize the appointmeni of county wardens and limit the number thereof, such wardens to be selected by the board 'of appointment of the county and appointed by the State warden at a compensation determined by the appointing board and paid f rom, the county treasury. All game wardens are now required to pass a competitive examiliation in accordance with the general civil-service law of the State.
In Wyoming the State warden appoints three assistant gamo wardens', who receive a salary of '$900 a year each. He may also appoint. one or more special assistant game wardens fQr each county, paid from the game f und, at $3 a day for. the time actually employed.
INAL ANI OTER OF FICERS. 31
SPECIAL IOAAL (WFICERS.
The region at the head of Chesapeake Bay and about the mouth of S us( e 1111hanna1 River illn larford and Cecil (011coun11ties, Md., kilioII
tstile eSlu ila Flats.' has in the past Ieen fanous for the
n ber and variety of its wildI fowl. EnIormious number s of ducks e been killed for market on these noted (ducking grounds. and many )TSODS have resorted to them for sports anld recrel ation. The n1111)80 of the Susquehalinna Flats has caused the enact ient of iian elaborate system of ducking laws. Beginning in 1S72, the Maryland legislature it the enforcement of these laws to a board of special police.
composed of three members, appointed by the governor, two of which wre from HIarford County and one from Cecil ('ComIunty. They were invested with power to appoint deputies and make arrests without arrant, and were allowed a compensation determined by the circuit udge and paid from hunting-license fees. The act creating this board a. been variously amended from time to time, b)ut the substantial proisions of the original measure are still in force. The board now conistsof four members, two from each county. In 1884 the Maryland lego-islature enacted a law requiring the govrnor, with consent of the senate, to appoint a special policeman for
he protection of wild fowl on the Elk and Bohemia rivers in Cecil ounty. This officer was vested with powers very similar to those of he ducking police on the Susquehanna Flats. The act was superseded in 1894 by another of like import, providing for compensation at $50 Year, payable from the county funds. The law of 1894 is still in force.
South Carolina has a system of inspectors, authorized by act of 1905, or enforcement of the game laws on the public lands and navigable aters of the State. These inspectors are appointed by the county commissioners of each county in which the law is applicable, receive 10 per cent of the hunting-license fees and fines collected in the county der the act, and are vested with powers to aIrrest without warrant prsons found in the act of violating the law.
Nearly every State and Territory requires the sheriffs, constables, nd police officers to enforce the game laws. Several impose certain eatures of enforcement upon market masters, coroners, and marshals. nd Indiana places the duty of enforcement on road supervisors, under nalty of $5 to $25 for nonperformance, and with a fee of $5 for the ervice when rendered, to be taxed as costs against the defendant on nviction. In Massachusetts members of the district police and all fficers qualified to serve criminal process have authority of comissioners and deputies in arresting violators and executing search warrants. Guides and packers are required to be deputy g-ame
32 GAME COMMISSIONS AND WARDENS.
wardens in Montana and ex officio assistant game wardens in. Wyoming. Members of incorporated game societies in New Jersey have power to institute prosecutions and tomake arrests without warrant In Vermont tOWD grand jurors are required to prosecute violators. In Virginia commanders of the oyster police boats are made game wardens, as already explained (see p. 26), and are required to report all prosecutions to the board of fisheries. By act of Congress officials of the Forest Service are required to aid in the enforcement of game laws, and forest rangers of the Federal Government are by State law made ex officio game wardens in Washington, have powers of deputy game- wardens in Colorado, and may be appointed special assistant game wardens in Wyoming.
The Alaska -yame law requires all marshals, deputy marshals, collectors of customs and their deputies, and officers of revenue cutters to enforce the law.
In everal States police and peace officers are declared to be ex officio game wardens andare invested with the same powers as game wardens. In Pennsylvania the State constabulary are required to enforce the game laws. Wardens in several States have much more extensive police powers in performing their official duties than sheriffs, constables, and peace officers are allowed to exercise in connection with their own functions. Thus in Montana these local officers can not seize without warrant as wardens can, and in New York they have not the right of search without warrant conferred on protectors. A provision investing local officers with the powers of game wardens is therefore calculated to increase the game warden force without additional expense to the State. In some States sheriffs and other officers. are allowed the same *fees that are' prescribed for the wardens and share in the division of fines. But despite the fact that the powers and duties of wardens are bestowed upon these regularly constituted peace and executive officers with great particularity and detail, scarcely any assistance is rendered the game departments by them. So conspicuous was the failure of 1I provision of this character in Missouri, under the act of 1905 creating a game department, that the State warden in his first report makes'the following statement: One provision of the game and fish law constitutes sheriffs, marshals, constables, and all peace officers ex officio game and fish wardens, and charges them with the same duties, and under like penalties for violation of duty, as are by law imposed upon the State game warden and his commissioned deputies. It was very much hoped that this pro-vision of the law would prove a very great aid and furnish valuable allies to the game warden's corps of deputies in bringing about the law's enforcement, especially, in remote places difficult of access to regularly commissioned deputies. With this hope and end in view this office, at the expense of considerable labor and time, procured, 1)y correspondence with all the county clerks, the names and post-office addresses of all the constables and justices of the peace in the State, aggregating in all some 4,000 such officers, to all of whom we mailed copies of the game law, and addressed them personal letters calling atten-
OTHER OPFICERS. 3
ito the provisions of the law by which they were constituted ex-officio gae and wardens and charged with the same dutis and liabilitie as commisioned game dens, respectfullyiinvoking their aid and cosoperation in game and fish protection. ke letters to those sent juastics of the peave and constables, with copies of the e and fish laws, were addreed to sheriffs of the various counties, asking t1lem strt their deputies of their added duties under the law, and especially asking as the chief executive officers of the counties, to give this provision special atetion.
e regt to say that for sme reason we have not received from this source the hat we anticipated or had a right to expect. Strange to say, that of the many lions of the law that must have occurredl throughout the State, and of the many sections that have en begun, very few have been originated by thile activity vigilance of ex-officio game and fish wardens. (Itept. State Game and Fish den of Miuouri for 1905, pp. 24-25. )
nch the same results have been experienced in other States. The eral consensus of opinion is that local officers elected by the peocan not be expected to perform successfully the duties of game dens, but such work must be done by officers appointed by a State ial or board, who are not dependent upon local favor to hold their itions, and who, by serving at a distance from their place of resiee are free from local influence.
The problem of providing funds for the support of a gm eat mient or system has puzzled those interested in the prsvaino game ever since the necessity for such preservation aroe nmn States it has been found well-nigh impossible to secureleiato providing f or the appropriation of money, no matter howlitefoth preservation of game. The sentiment to which this condiini u still prevails in a largo part of this country, particularly inteSuh The creation of new offices, with salaries attached, isreaddwt great jealousy and disfavor. In the early history of the mvmn for game protection the only provision considered feasiblefrpy ment of officers charged with the duty of enforcing thegaelw was an allowance of whole or part of the fines. A system mitie on such anl unsatisfactory and unstable basis, however, acmlse almost nothing, and the advocates of better protection e bott devise a more satisfactory means. This resulted in thecrainoa game protection fund composed of fees derived from hunting lcne and other returns -from enforcement of the game laws, thsplcn the department or office upon a self -sustaining basis. Aside rm h provision contained in the game laws of New York in 18.79, authorzn the board of supervisors of each county to levy a tax -sufficient toras $41,000 a year for the purpose of enforcing the laws, and asila provision in the Montana laws of a few years ago, there sem to b no instance of a specific authorization to any ag, ency of a State government to levy a tax on property for the maintenance of a warden serv ice. The provision in the Montana law (Laws of 1901, H. B.147, se 15) required fhe board of county commissioners of each county, atth time of levying the annual tax, to levy also a tax of one-tenth of a mil upon the assessed valuation of all property in the county to be pi to the State treasurer. The money thus arising, together with that received from the enforcement of the game laws, was to constitutesa fish and game fund, and was to be used in defraying the slres and expenses of the State and local wardens. This law remained in effect until 1905, when it was repealed, doubtless because the f unds ariin from other sources were sufficient, to meet the expenses of the department.
The final solution of the problem of supporting a game department w ithout taxation of property or appropriation of funds from the general treasury has been f ound in the hunting license system. Since' the first adojjtion of the plan of requiring every nonresident to pay fee for the, privilege of hunting, nearly every State has established either a State or cou-nty wardenship. Within a few years the plan o
requiring residents to secure licenses has been adopted by 1 states, and in spite of the small license fee large incomes have been derived Ow 1this source. The prejludice against requiring a resident or citize of a State to pay any fee, however small, for the privilege of hting is gradually disappearing, and doubtless the change in sentiment will result in the establishment of State service in the rem1yi D Stutes, llostl southern, where 11no such system now prevails.
The license system, as a source of revenue for the maintenance of the gae department, may well be considered to have originated in 195, but of the four States adopting the system in that year only two, Michigan and North Dakota, directed the funds to be applied to me protection The Michigan license was required for hunting deer only: the fee was $25 for nonresidents and 5a cents for residents, and the receipts from the nonresident licenses were equally divided between the State and the county of issue. The county funds thus obtained were applied by the county commissioners to the Ifrftection of game, and the State funds were used for payment of salaries of the State warden and his deputies. By some oversight, no provision was made for the disposition of the resident license fees, and notwithstanding the opinion of the attorney-general, furnished uponl request of the State warden, that these fees should he distributed in like manner as the nonresident fees, the county clerks refused to so dispose of them, contending that such fees were rightfully theirs as compensation for services rendered in issuing the licenses. Under the first year'soperation of this law 22 nonresident and 14,477 resident licenses were issued. The legislature of 1897 increased the resident license fee to 5 cents, rectified the omission in the law of 1895, and remodeled the scheme of disposition of fees by allowing the issuing clerk 25 cents of every fee as his compensation, the county supervisors 25 cents of the reside t-lice nse fee for enforcement of the game law in their respective counties, and the State treasurer the remainder of all fees. for ayment of salaries and traveling expenses of the State warden and his deputies. In the first year of the existence of this law there were issued 11,867 resident and 44 nonresident licenses, the receipts from hich provided a State game fund of $4,055.75 and a county game Snd of $2,966.75, or a total of $7,022.50. For the time covered by the foregoing figures, 1897, the total expenses of the State game warden's office were $6,444.08; hence the receipts from the license system alone (in addition to $6,208.32 collected in tines) were more than sufficient to meet the salaries and all expenses of the State gae department and its deputy wardens. Had the license system been general and not restricted to deer alone it is evident the receipts from this source would have been much greater. In this connection a The other two, Minnesota and Wyoming, required only nonresident licenwes. One of the principal objects of the Wyoming license was to prevent nonresident Inin from hunting in the State. (See Recreation, Vol. 12, p. 443 June 1)
36 GAME COMMISSIONS AN~D WARDENS.
it is interesting to note the volume of work (which can be presented in figures) accomplished during the year 1897. There were 920 violations 11 investigated, 597 prosecutions begun, and 483 convictions secured, which resulted in the collection of $6,208.32 as fines.
The North Dakota law of 1895 established both resident and o'"resident licenses, 50 cents and $25, respectively, and directed that ,&6third of all sums from this source should be paid the State gm
warden as his compensation and that two-thirds should be paid into the county treasury as a county game fund to be used for game P -0 tection. This law has recently been somewhat changed, but the g ra
part of the fund arising from the sale of licenses is still applied to game protection.
Since 1895 the value of the license system as a means of furnishing funds for the support of game protection has received general recognition. This object is clearly and unequivocally stated in the Illinois law of 1903:
SEc. 25. For the purpose of increasing the State game protection fund and preventing unauthorized persons from killing game and birds, no person or persons shall at any time limnt, pursue or kill, with gun, rabbits or any of the wild animals, fowl or birds that are protected during any part of the year, without first having procured a license soto do, * *
The amount collected from this source by Illinois is so large$127,988 in 1905-that such a declaration of object becomes important.
Indeed, so successful has the system generally proved as a means of raising f unds, for game -protection that a number of States have erected upon this foundation elaborate State departments of game or game and
fis. AabaaIdaho, Illinois, Michigran, Montana, North Carolina, North Dakota, South Carolina, Utah, and Wisconsin support their game departments wholly by means of the funds derived from licenses and,' in some Instances, all or part of the fines resulting from convictions.
The following table shows briefly the disposition made of huntinglicense fees in States where licenses are issued:
Special Disposition of Hunting License Fees and Fines.
State. License Fees. Fines.
Alabama .......... State game and fish protection fund. State game and fish protection fund.
Arizona........... Use of fish and game commissioners. Half to informer, half to school fund.
Arkansas .... .............. 4........................I Officer making arrest and securing conviction.
California ......... State gam preservation fund........ State game preservation fund.
Colorado .......... Nonresident fees and, when collect- Third to State game fund, third to proseed by commissioner, resident fees cutor, third to county.
to State game f und; resident fees collected by county clerk, half to State game fund, fourth to county, and fourth to clerk.
Connecticut ....... Game protection fund-------------...Imposed by justice of the peace, to town;
otherwise, to State.
Delaware .........To Delaware Game Protective Asso- Less expenses to Delaware Game Protecciation. tive Association, except under license
act, as follows: Half to prosecutor,
half to the association.
a These figures include fish cases also, as the State warden was likewise charged with the enforcement of laws protecting fish.
DISPOSITION OF LICENSE FEEB AND FINES. 3
a l Asposition of Kfunting Licen Fees andL Fne-Omtinned1
l ......... county gae fund. If nowarden in Third to informer (half if he be a warthe o tyto ie ad forfeiture den), balance to fine and forfeiture
fundp4. fu no114.a
Ge rga............ ................. ....................... Hltf to gatme warden accutringeo4nvic-tion.
...... ........ tat fish and gaie fund ............. Sttefi al d a e f .
Isf............. Stategame fud.................... Half to deputy warden or person filing
f.State ish and 1. fund.... ... complaint, half to State game fund.
............... County game fund ...................
a ........... State gane fund ......................
cky........... General expeise fund................ Les expenses to warden prosecuting, or
half to informer.
sna.......... State gae fund..................... State game fund.
M i e .............. ......do ............................... 1)o .
land .......... L laws: usually to county schl Ims expenses to warden prosecuting;
fund. otherwise half to informer, half to
county school fund.
e ... State ................................. Half tocomplainant,half toState: if complainant he a deputy of the commission8tate~ funders, whole to the State. igan .......... State game fund ..................... er- whoe t the St .
eota ..............do................................ General revenue fund of the county.
sppi......... County forest and game protective County forest and game protective fund,
fund. but informant entitled to half.
ori ........... County treasury for road............ Half of fine for trespass paid to owner of
land securing conviction.
ana............ State game fund...................... State game fund.
aa .......... Stat school fund..................... County school fund, but complaining
witness entitled to an equivalent of half from general county treasury. .da ............ . ...................... ....... School fund.
Hampshire ... State game fund....... ........ State game fund.
Jersey ......... Use of fish and game commissioners Third foruseof fish andgamecommissioners, third to complainant, third to persons furnishing evidence.
Mexico ....................... Half to deputy game warden prosecuting; half to county school fund.
York.......... Sta: ......................... For use of forest, fish, and game commissioner; person, game society, or corporation or officer furnishing evidence or ....State game fund ....... instituting prosecution entitled to half.
SDakota...... 40 per cent to deputy game warden
of county, 30 per cent to district game warden,20 per cent to general State fuid, 10 per cent to
auditor of the county.
S............... Useof commissioners fishandgame. For use of commissioners of fish and
game;b prosecutingattorney20 percent where he conducts prosecution.
Oklhoma ......... .....................................
............. State game fund ...................... Less expenses, half to informer or person
bringing action, except wardens, half to State.
sylvania...... Hlf for use of board of game omis- For use of board of game commissionerssioners, half to county. when prosecutor is a protector or dep,
uty; half to informer, half to board for violation of license law.
e Island ...... State ................................. Half to complainant, half to State.
Carolina..... tate game protection fund.......... State game protection fund.
SDakota ...... County game fund .................. Small game, half to warden or officer instituting prosecution or to informer; half to county game fund; big game, county game fund.
Uessse of State game warden ............ Half to warden procuring conviction or
making arrest, and half to State warden. Texa ----- State game protection fund .......... State.
..... do ............................... County; but informers in cases of violation of law protecting big game and introduced birds entitled to half.
ont........... State game fund ..................... State game fund.
nia ........... Payment of wardens' salaries........ State.
ngton........ Collected by State auditor, to State County game fund.
.game fund; collected by county
auditor, to county game fund.
SVirginia...... State ................................. Deputy warden prosecuting.c
onsin.......... State game fund ..................... Third to county game fund.
ing .......... state ................................. General school fund.
his scheme of disposition of fines is void, as the constitution requires all fines to be paid into the
and forfeiture fund.
mmissioners may direct that fines collected upon prosecutions by deputy State wardens be paid t teem,
cSt is now pending in the supreme court of the State to determine the legality of this disposition
38 ~GAME COMMISOSADWRES
In Washington the division ofgaepoctnsmwtsprtd
f rom the fish department by the act of 10 u tl ne h oto of the State fish commissioner, is maintaied exclusvl byteiene fees paid into the State treasury; and the fees paid into h cut treasury are used for game protection in the county. InIdhjs prior to the session of the legislature in 1905,opsiontthmatenance of a State game department supported by appropritosfo the general treasury of the State threatened the abolition of tewre system. Anticipating this contingency, the advocates of a Saeofc drafted a new bill covering the entire field of game proetnfm the establishment of a State wardenship to the minutest dealocos seasons, and placed the whole upon a self-sustaining basis by maso the license system. This bill became a law, and during the frtya of its operation the sum of $16,050 ivas, collected from the ianeo licenses alone.
One of the most conspicuous examples of a self -sustainindeat ment was that of Missouri, prior to recent legislation abolihnPh game protection fund. The general game act of 1905 salse resident and nonresident licenses for hunting, and directed ta h ret urns from them should be paid into the State treasury to tecei of the 'game protection fund,' which also included fines for violto of the act and certain small fees for issuing special permits. Te c became effective on June 16, and the governor appointed a Saegm warden, who organized the department upon a working basis.A h end of the year, after all expenses of the department ($11,998.3ha been paid, there remained in the treasury to the credit ofthgae protection fund $36,932.37.a The license fees collected from norei dents hunting in Florida during the single open season of 10demonstrate the f easibility of supporting a State wardenship in ta State by the funds accruing from this source alone. The amonwa $6,380, and it is to be remembered that as the very unsatisfactoran inefficient system of county wardens without organization or ceta head is in effect there,-this amount is undoubtedly much lesstani should and would have been if the law requiring noncitizens to procur licenses had been strictly enforced. b
In most of the States and Territories, either the whole or part of fines arising from prosecutions for violations of the game laws are used for purposes of game protection, as shown in the table onpae a This act was repealed in 1907 and superseded by a law which destroyed the games protection fund, directing that all license fees be paid into county treasury for roads ...... When the law of 1905 was repealedl, the balance of $47,000 then remaining inth game fund was dividend, $,,20,000 being paid to the fish commission, and $27,000 pi into the general fund of the State.
b See 'Gamne Protection in Florida,' Circular N\o. 59 of the Biological Survey, U. S. Department of Agriculture, 1907.
DISPOSITION OF FINES IN ILLINOIS ANI> CALIFUNIA. SU
6 .In Illinois the license fees and partof the fines constitute a fund
athe State treasury, designated as the State gameproterionfund,
1 is used for pay enit of expenses of the State gai diepartmlsenst,
d he surplus for the intro(uctimn and prolpgation of uail, prairie
chickens, pheasants, and ot her game. With this balance the StatI, game
OC imissioner has estabilsiled a galile fairill of 16)o acl ill Slligallion
O1nt', not fr from Springfield, where larIe nillmbkers of pleasant,
1il, and partridges have been propagated. These birds will be disriluted throughout the State in suitable sections. The experiment
as. ten a signal success." All tines for violation of ti game laws
nd license fees in California constitute a fund in the State treasury
or the purpose of protecting, restoring. and introducing gaie. In
is connection, as well as for other reasons, the following table of
arrests and prosecutions for violation of the game laws in California
during the two years ending August 31, 1904, is interesting. It will
seen that the gaie fund from this source alone amounted to $',749.
ummary of Arre4t mle by Deputies of the ('alifornia Fish Cowmnission cin/ disposilion
0of Cses for two years ending August 31, 1904.b
Violations charged. Fines. meint
a4 Doves, ag lim it"............................. .. . 31) ... . $ 0 ..........
al3 Killing or obsession of doves, closed season. ......... 12 .......... '2 ..........
10 Ducks, bag limit ".................................4 1 5 101 .
17 Killing or possession of ducks, closed season ".........12 2 3 250 25
3 Netted ducks
71 Killing or posession of quail, -losed season "......... .5 ...... 12 1.576 2.
15 Offeringquail for ale.................................... 10 3 2 210 25
4 Trapping quail ......................................... 4 ...... 100 ..........
1 Quail in possession without permit...................... ...... ...... 2- ..........
3 Chinese quail in possession.............................. 3 ...... 125 .
2 Deer, -bag limit ........................................... ..... .50 ..........
1 Runing deer with dogs......................... I ..... ...... 5 ..........
36 Killing deer. -closed season"........................... 23 10 3 710 "0
3 on of deer meat, -closed ..ason" .............. :10 2 1,7) 13
a 38 Killing female doer or fawn ............................. 29 1 7 -10 0
5 e eof fe ale. der. hids.......................... 1 1 ...... 1 ..........
11 Removing evidence of sex from deer hides.............. 2 .......
6 Saole oof deer hides........................................ ..........
a3 Sale of deer m enat........................................ 2 ..... ..........
12 Nightshooting..................................... G .......6 10.
2 Trespass .......................................... 2 ... 25 2
1 Snipe, --bag lim it" ........................................ .. 25 ..........
5 Plover, -closed season ................................. :1 ..........
5 Grouse, "closed season ....... ............. ...... 1 I ...
8 Shooting meadow larks_ .....................3 I.
1 PoSession of pheasants............................. .... ........
a5 Tree squirrel, -closed season" ..................... ...... 105
325 Totals..............................................249 23 4$ 6,719 213
o Cases pending.
In addition to license fees and tines, the money arising fronm the sale
>f confiscated game is paid into the game protection fund in several
States. The income from this source in Wisconsin in 1903 amounted
aSee Am. Field, vol. 66, p. 67, July 28, 1906.
b Eighteenth Binenial Rept. Board Fish Comm., Calif., p. 11, 1904.
40 GAME COMMISSIONS AND WARDENS.
to $2,433.47 and in 1904 to $1,62-7-81. These amounts represent the value of only a small part of the game confiscated, as the sale of nearly all kinds of game is prohibited and such game must, under
the law, be donated to some charitable institution of the State.
Another source of revenue to the game protection fund is found in
the provision of the Indiana law requiring the payment into the State treasury to the credit of the fish and game fund of $20 collected as costs from the defendant in every conviction where the commissioner or warden prosecutes. A similar provision is contained in the Con necticut law, but the $20 taxed against defendants there is paid directly to the warden prosecuting, and constitutes his entire compensation.
Several States make direct appropriations from the general treasury
for the maintenance of their game departments as an addition to the funds arising from licenses, fines, etc. Thus Minnesota, in the game act fixes the annual appropriation at $35,000; and Vermont, in the act of 1904 as amended in 1906, appropriates annually the sum of $5 500 for the preservation of fish and game. The following table shows the sums appropriated in the several States for game protection in the two years 1905-6. together with certain incidental details. It will be noticed that in 9 States-Idaho Illinois Michigan Missouri, Montana North Carolina North Dakota Washington'a and Wisconsin the work was self -supporting. In several of these States no appropriations were made, or, as in Idaho, Missouri, and Washington, the money already in the game protection funds was appropriated or
made available for the use of the department.
aThe general appropriation for salaries and expenses in Washington is almost
exclusively for fishery work.
411,ft' Ap rJII 0 1 1 0i S f~tr '41111 Y(~ecim 09 ;
r I~ I'~ t .a~~'
ot tor 1i't I If i~A i nAr1, $'25,IAU ~ ~ ~ .. .ul .. .U~Jl .~M7 .~nea Ierru aN av
(,) t Ieti IIt 16.0 .et 1. .9J Aht .91 A A
. . nb. . .ul. . Iii 1ri190 wdo .. A.. Ez fr-rtiLen
ai i-b------ -9t 1 N. 19..0.. ov. 1. vae -.~ -nar- a- -pz~~
4M11!Qad106 alre d rttin4
ak Ii s of o11r lira
.I .... .... . . .- A00 Ap.t At4- pr 11610 do1 la TrvIng e -'A ;t it
Ma ylnd .. .. .. 4 AO66 A 190 1 do 11-A I11 l... ... r.... I' tI X 4I-e~ rif'r
mi l &l ....000. Fi ..d.a ........m .... ..............niiit
5000 1905 an It19111FshadgaeFrearig nori 1
fuidl ..a.... aA
Nersa .....241,23(0 Ap~rA 1903-AIr-. 1,.19017. ..nra ..~......s~rvdmx e~e
astllm'k oif o011r14-1i. ak
N wJ crsvy ........ 27,45 Nov 1,j 90. 1, ...........o.. naa i i~a d cxpemij e. 1prop
teetion and ~l nlai n
1. ~ ~ ~ ~ ~ ~ ~ ~ o 1111 ..a.......m...e hr and hh
Ne Mexico .... 4A0 9. n 96d taaisadejm-so
N wYork ......7-, 400 It 1t. 1, 1 .1 9 6 d .. Iaar aI k.r-e~ x-hclili, and fo(rle-trv tex1,00 do) .... ... ...... do0 .........fe.. 0a 1d e'XjIrnL1-. of.
N rhCa r o l inna ..................... ........
N rh Datkota t .. ..b. . . . . . ..
Ore ol......... 4)(1 1903- and Wo"6 .... ... ....rie and ............
Pensyvana ... .20,000x JuIIne 1, 19 I-un 1,1 0.... dot ..... EnfuIrAemelnt ofl gam \N la
6,0t 4.... .. do ......... lishmenit and i- w irig
T11o1 of1 thlt LAMeA'~s
Rh e Island 300.. .9- 5d .... ....en IIIA .... A011 oIAf 'tm nm.i IIIII InIerI-.F
I f birds.
t~~tal- .,0 1903... ... anld 11.414 do .tlaries and prl '- f
Verm nt ........ 0m0X Fixeda ul sum11A do111 ... .. ...... Salarieshateheri-, A-t'.,
Watlntn.... 21,600 Apr% 119t)- r, 190 do.. Aaare and ............
5, 000 do ........ Gnuw ptotectioniSlr frlf ~n l~U
WetVi rgi nia 2, 6(h) Oct1. 1, 19041-O ct1.]. O 106 I enra I ...... 111ry and14 txim -- o
Wyofing ....... 5,60 Api kr.]1, 150-5-Aprts. 1. 190 7. (iAntra I ..... Salaries andl (.XnA o
nThe app~ropriations,,foir19-8kaSre- necessarily 4omitted, a, the, law-i were, noIt avialZntm O Obanthe figures for thiis report.
lareprotectiou system supported by dlire!ct incomev from game law,.
435 -_Nll. 2 -07I
42 GAME COMMISSIONS AND WARDENS.
In a few States the game protection fund, which, as commonly
understood, includes such moneys as are derived from enforcement of the game laws, is limited in whole or in part by constitutional
A provision in the constitution of Nebraska requires the proceeds
froi all licenses and fines arising under criminal laws to be paid into
the school fund, thus effectually preventing the moneys from being
used for game protection. Similarly, in Missouri and Nevada, conti- tutional provisions require proceeds from fines to be paid into the
school fund. In Florida fines for violation of the game laws are paid
into the tine and forfeiture fund of the county, and are not available for payment of wardens, although the game law attempts to nake then so. A somewhat similar provision in the constitution of West Virginia requires the clear proceeds of fines to be paid into the general fund of the State. So far it has been customary in this State to pay such fines to the game wardens, in compensation for their services, and the legality of such payment is now before the supreme court of the State. In this connection it may be noted that Wisconsin has a constitutional provision directing that the 'clear proceeds' of all fines be paid into the school fund, but the supreme court of that State has held, in State v. De Lano (49 N. WV., 808), that 'clear proceeds' means only the amount remaining after all lawful deductions in the case have
been made, including a two-thirds for informers.
During the present year a disposition has been manifested in certain
States to restrict the game protection fund or to legislate it out of existence. Wyoming has practically abolished its game protection fund and replaced it.with an appropriation of ~4,450 for the maintenance of the department during the next two years. Such a change by making the appropriation hard and fast, has the disadvantage of removing from the department the incentive to increase its income by sale of licenses or better enforcement of the law. In this case it ha materially reduced the amount available for game protection, the amount collected from hunting licenses in 1905 having been about $12,000, whereas the sum available for 1907 will be but $2,225. Suc' action also renders the department more exposed to restrictions or
GAME LAW ADMINISTRATION.
Thlis fill. it has booll the pill-pil'o h) thr 11:11111-4. '01, 11w
muchillerY by which
I to Show how thi, 11mclillierv 1, plit illh) Illotiml."
It is S(,tl-cch- llece"Sal-v to ",Iv th-A lit) plilli ,llllwlll (-.ill 1w illdi(le(I
or M ion ()t* the (ram e law" 1111til act cq)w ti1ll1lllf,- :Ill 41
is Ilk 11mvi AT
ttli tIll'illpl to) violate the law silhj(,ct, 111c (11h lldcr to the '41111V pell'.11ties all actiml
It is -Ill offellse ill several --;Iatc-, to poss(ls % 4":111)(1 t1,;111 /I/ to
export or scll it. :111d while It() effort Illa v he llia(le to ex(,clltl tho
intent it is lieve1-theles..; a violation ot, law, hecaw,(, ille with intent to export or '-wil is madc I -olh-4alltlvc ()ffellse.
upoll viol.1tion of tile g.:ulle hov, the Iii-st ,tcp IS h) souill-c tit(, actit'll
presence of the (let'eml;uit ill coul't to miswer fol. lll,- ollclise. Till, I.,-;
act-olliplished 1) v his but listilill v Stich arlvst 11111st have lw(,11 pl-ceeded bya compltli lit 1111dero'Ith (w 111 --witillg* probahll
Cause for believim'. the del'(91(hilit A w,11-1-allt i t1wil i ,-,lle(l to
sollie Collipetellt -mid '.111thorized exectitive oflicer 1:-, 1 wardell.
constilible, or police officer directing, him to arlv ,t tll(l ;WcUS11(i :111ki
bring him bcf0re the 'tickv, justicee oi. court the warl"llit. ()I*,
ill 'a very few C-.Iscs. beforC 101111C (41101- ('0111-t 11,LVillal"
every st*tte and Territory whell(I the NVIAF(Icli S 1, ill operatiml flic,
Power of is Conferred upoll the wardcll-, :111d In lllo- t
upon members of the boar(is of tish -,Ill([ 1( -alllo (.()Ill Ill 1 "s
customary in sonic States to ilichl(le Ili the ;().mllc laws I provi ,ioll
authorizing 1p111le 11ld other oflicei--- to witholit
mit but tmlc-, s this mithority is colitailled Hi the (",Ilflo 'tct M.
bv a (-reneril st;ttutc it can not ordill-lrilv he cxerclse(l, SHIC0
to authorize ;m otlicer to -jrrv-- t without wal't"llit I'm. tit\- offell ,c It's, dr th tt n. t felony-and with vei-Y rare exceptioll-s vlolatlml- ot, the I. I I I (I
laws ,tre olliv Inisdeme'llmr.'.4 ---tll(, otfell:- c must. tclid to a hivach (4 the
peace, and tile oflicel. 11111- t tind tit(, per ,ml ill the act ot,
Were not tile power to arrest N\ Ithout wari-alit cmd'el-re(I llpml i lit, wardens many violators Nvoliki escape. Offell(let., Lrilllc la\\-,usually operate in lvillote and sechvicd plIZIC(Is. (41(111 -() t".11. lvlllm-( ([
judicittl officer that proper clif'ol -milit
roni im -cemelit (4 ,ttcll laws
be impossible Nvere Nvarr:uits for arrest FO(till lV(l.
.. ... ..... .... . ........ . .......
a\ew Jersey in 1897 enacte(I t special law t') prm-lde a 111116,1-111 pr(wc,111n, f ,r ilw
enforcement ()f laws relating t4 fi -h, ,amc, and hird- akt,- i)f Ps97. ch. 44 hut
apparently it is the only State which ha: uch a tatutc.
44 GAME COMMISSIONS AND WARDENS.
The complaint or affidavit upon which a warrant of arrest is issued must contain a sufficient statement of facts to justify the reasonable, suspicion that the person charged has violated the law. It should be,
and be signed by the person making it. Attention is espe-in writint).1 *n
cially directed to the rule, which has very few exceptions, that any person who is capable of understanding the solemnity and nature of all oath may, if indeed he is not in duty bound as a good citizen so to do, make the complaint on affidavit if he knows of a violation or has probable cause to suspect it. Hence, it is in the power of every c ftizen of a community to aid in the enforcement of the game laws. Were it otherwise Many crimes would go unpunished.
Ordinarily the complaint or affidavit upon which the warrant of arrest is issued serves also as a complaint upon which the defendant is tried, and it is important to frame it so accurately in the first case that it will be sufficient in the latter. The following frame or skeleton of a complaint for hunting without a license is given in the pamphlet of game laws published by the State warden of Wisconsin for the guidance of deputy wardens and persons undertaking the enforcement of the game laws:
STATE OF WISCONSI.", 8S.
COUNTY OF 7 1
being duly sworn, says that on the day of in the year 190-, at said county, (name of the accused) did pursue (hunt or kill)
(state -,A-bat) without at such time being in possession of a license authorizing him, tbeD and there, to pursue (hunt or kill) animals, fowls or birds, contrary to the provisions of section 4562a W. S. of 1898, as amended by section 30a of chapter 312 of the laws of said State for 1899, and against the peace and dignity of the State of Wisconsin.
Subscribed and sworn to before me this day of A. D. 190-.
Justice of the Peace.
The above form can be used in almost any State and case with the necessary changes to comply with the sttitute and the particular offense charged. Thus, if a nonresident be, charged with hunting without license, the allegation shoul& be made in the complaint that he is a nonresident of the State.
Unless prohibited by statute an arrest may be made on Sunday as on any other day. The New Jersey statute prescribing the procedure for enforcing the game laws contains the following provision: SEc. 15. Proceedings under this act may be instituted on any day of the week, and the institution of such proceedings on Sunday shall be no bar to the successful prosecution of the same, and any process served on Sunday shall be as valid and effectual. as if served on any other day of the week.
lit Ohio it is provided that arrest, either with or without warrant, may be made on Sunday, in which case the offender shall be taken.
ATIREST NVITHM..'T WARRANT.
m irt 1111(1 refillil-c(l to triVol his it
.1k &tv to an.,wer the ctmiplailll. Similal. pn)vi'Siolls nn' cmitailic(I
ill t1le 111\v- (4 '-wvvral mlicl. States.
If -al -lilt be fm- the al-l.vst ()I* Ow 41cfe!l(I'llit, mw is
the jils(ick. m. '11(licial (dlicel. betmv \01(oll 11w chalwc is made, an(I die tl(-fenti-lilt is al vstc(l. He 'Ilmlkl he t-'11'cll :It mict
lwfoiv t1w imlicial tdlict.l. issiling the wal-l-allt, whell llsil:111 v ti-1,11 (d, the Cits(, is 1111til the (letcmialit call pl-epan, lli s A
few States pi.c.'-wrihe the pi-m-c(lill-v to he ill casi's wherl. cm.lAmittimls are (lefell(lants. 'I'lills, the O)bw'wh) Statilte as
Shc. 21. Ill vase i)f a vhdati,)n (d this :141 bN' .1 ('(11-pwali, ill, Hic warrallt .4 arn-st may be rva(I to t he presii Icnt, st-crOary, 4 ir n lallu'cr ill t I I is w .11) v 1-rclicra Q local agent thcre()f in t he cmint N* \01cre I he act ioll is pendiln-', .111d ilp( '11 1110. ri-I Ill-n of slit I I w a I-1-:1 I It S() Servo I I? t I te (14 )IT 4 wal )I I A 1,11 I I )c I I ct, I I It 'I I ill c( 1111-t .111( 1 11 )p,( the jitrisdictimi therein, and any fille illip)scd lil;lY he c(illected by execlitli'll the property i)f such (14)IT(watiml. kl'aws ()f 1899, ch. 9S, Div. A.)
fil maliv of the State", Nvar(lens and p(Aice oflicens :1re fitithoi-ize(I tinder fliv, Irame law.- to -arrest Nvitilmit m. Nval-r-mit ally (dYclAci-s
follild ill the act of violatillty the law. h Utall the State com ill
and the comity war(lens at allY 1)()illt ill the State) all(I shel-iffs all(l constables (ill theii- respective ( ountics) tire required to arrest, with ()r withollt Nval-rallt, :111V pel-sml whom thev believe ().11iltv of a violatiml of the (rallie Lov; hilt if no Nval-rallt is ()btaille(l the prismiel. 11111st he lichl until one c,-ill be proctire(l. Tn the acconipmvin(r table t States
whicli vest their Nvai-(Iells with authority to arrest witliolit warl."llit '.11v entimerat(A. awl stich (letail" are givell as are pertiliclit to that pmvel.,
4 6 GAME COMAUSSIONS AND WAIRDIMS.
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POWER TO ACT WITHOUT WARRANTY 47
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48 GAME COMMISSIONS AND WARDENS.
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50 GAME COMMISSIONS AND WARDENS.
POWER TO REQUIRE AID.
The game warden unaided may be physically powerless to execute
the process in his hands or to check violations of the law committed in his presence. To provide for such contingencies Colorado, Minnesota, Maine, Ohio, Pennsylvania, Texas, West Virginia, and Wyoming empower their wardens, or certain of them, to summon to their aid any number of persons required. In Colorado the commissioner or one of the chief wardens may, when such course is necessary summon to his aid, or require the sheriff of the county to do so, a sufficient number of persons to quell any unusual and ungovernable violation of law. It is a violation of the act for any person, when summoned, to fail to respond without good cause. Nevertheless, the commissioner of that State, in his report for 1901 and 1902, questions the value of this power and gives the result of his experience in attempting to put it into operation in the fall of 1902, when he uhdertook to quellan Indian raid in Rio Blanco County. He says: In October of last year  I received information that the Indians were hunting in the vicinity of White River in Rio Blanco County I went there and sueceeded in arresting seven Indians who had in their possession a wagon load of 'jerked' venison, one hundred and forty-odd deer hides, and some fawn and doe heads and hides. The Indians, with their booty, were conveyed forthwith to Meeker, in Rio Blanco County, and brought before a justice of the peace. A jury was called and evidence presented which would convict in any other court in the land, but, for reasons which at that time I did not understand, they were found not guilty. . t seems that the citizens, almost to a man, are opposed to these annual raids, but, as it is taken for granted that they will continue, and that, as heretofore, no successful measures will be taken to prevent them entirely, they are not inclined to incur the enmity of the Indians. Many of the citizens have cattle and other property in the localities where the Indians hunt and have frequent oct-ion to go therein person .... This year  upon learning that the Indians were again making their appearance I decided to visit their camps in person, with the view of persuading them to go back peacefully. I encountered a number of them at Gillen Draw, in Rio Blanco County, at about 10 o'clock in the forenoon of October 6. After they had learned my business with them they agreed to go back to the reservation. It seems, however, that instead of returning, they found another band in the vicinity and immediately followed imy trail. Upon sight of me they began firing. I was shot in the left side, the bullet shattering a portion of the seventh rib. While the wound was painful, it was not serious, and I was still able to cling on my horse. Their fire was returned by me, b1ut with what result I do not know. Later my horse was slot from under me, and I was compelled to seek shelter in the brush. The loss of blood from the wound began to tell upon my strength by this time, and I was forced to lie down. At daylight I made my way back to Rangely, and, after attending to mvy wound, asked for volunteers to go with ine to the scene of the encounter for the purose of getting miy saddle and bridle. Some of the citizens of Rangely informed me that they hid lst no Indians,' and I found only one man . who was willing to go with me. After securing the saddle and bridle, we learned from a number of cowboys whom we met that the Indians were on their way back to the reservation. The history of this department during the past few years satisfies me that the commissioner is no)t abl., to cope with these Indian dclre(lathns with the foce at his commiail. While the law intends that in such cases te conunissioner may
IAT It k 1) ITI N.
aeum nol fliv :till (if Iliv shei-iff (4 111 t I cI )11111 V, I I I I I I I. V o I I I I
viet It t If i u i i I I w r i -f I tt i-s4 ) i Is t v i I f, rct t I I 1 :1 w I I I V I I I I I t I
v t I f n wt -4 1 t i rt i s i j t t sa I fi I ry at il N% I I I l aW re m ake such 1,n-6 shm itt flit- \kay ool -III it\,Ii1,Ih1q. ippr,qwi 11,14PII .1, lip 4'hjhh till.
com m issitsult-r, w ith flit, c"ll.4clit (4 tht- --,,I lvvi-I)i W 11, JILW O. 1 1-1 fn-4 it' It I I I .;I-11 I III
wanlviis iii t Ik.it I- wal it v \\ licii
A F 4 0- 1
'11V all act passed ill ( 'mi ict I t 111 1 01 13 clia I :till Ill wil v
V trivv n tilt, mailer. w-clit),alit, m. persmi ill (4 1;111(1. m. ,Ilrh jwl.Solis as Ile Illav cmilmand to assist Ilim. 1() arrest jwl-Sml
villises for tile j)11rj)()sv ()f littiltHill' tipcm hi.,; In t I h-hill4". M*
destroying nests and v org-s ()f blrd,,. : an(i b) take sitch tresi),aser t'(wthWith befoFt.11 SOM0 I m ()1wr aut 11owlty., w1m S11,111, 111)(m cmillflallit (4 Ille
proper prosecuting- (dlicer. IIII-m-eed to I rY sucli 1wi-smi. The
Sion hN, a trespasser of (nin. dmr, ferret. (w tisli n)(I is llia(le prillia facie evidence ()f his intention to 111111t m. tish oil flic hilld. The 1wi-sm)
arresting stich trespasser i-,i entitled to t1w fees tisliallY alk)wcd
bles for ,;imilar service.
Under the ('01IStitLItioll Of the L'iilt(,([ -;Iates a per-mi charif(I(I ill aliv
State witli treason., felmly, oi- otlier crime who Shall flee frmli jilstice A1,111, on demand of the OXCICJMV( 11,11t1loritv of the !-;tate I'l-mli w1lich he fled, be delivered tip to he removed to the, Stato having htri ,(Iicticiii
of the crime. (Art. 4, sec. 2.)
To carry thi's provision into effect, has -,m "10 Iw0)\-IdIII,_,
tiallv that whenever the executi\-e ()f '111v 'S"t.Ite SIIAI delumi'l mV P(TS4 Ill. 1-; t fll(,itive'from justice, of the exectak-e aiitlio'i-ity ()f mother State 1() '\\ Im-h -iirh Iwi-,)11 shall have t1e,.1, an(I shall, mm-cover, I)rodu( e the c(q)y id aii indictiticut fwmd, ()r m
affidavit made before a nizi-istrate of the (1cmandin- State (.11;ti-111g t1w
t- (ir ()tlicr crim c, ccrtiiied as witliciidemanded with havitw c(mmtitte(l treason, f 1(my I
tic bv the governor (or chief magistrate (-)f the deIM11141111", 'Stale, it ShAl he Ilic (1111 v If the executive aut1writy of the Stme (m which the demalid i III'lib, t4) 111111 w ]wv
tol-warresteil and ,ecurcd, and I t0giVe] II()ticU()f ThcalTest to t1w i-m-culi\ (
m aking such (jelijall(j, (III, to tll(, t,r(qjt, ()f 11(-Il lilt lj()yit "I t'' Iv(vk c the
tive, and to callse the f(witk-c to bc (1(-1i\-trcd to ,ucli il _,ciit whcii 1:(
But if no such a-ciit ,hall aill.leat- withiii ix iiwntli:4 fr(,m t1w time ()f fit(, arrt-t, the prisoner ni-ty be discimr-ged. (Cl-,trk's Criniiiial Prmc(lure, S(v al-() Now.
Stats., U. s.1 sec. 527,- .
Cases of extradition under the (rame laws are c(miparativek- ran"
Possibly becati-w the viohitioll.,. of Suell laws an 11-stiall v Illerel v 111P (Iemeanors, and hecatusel tilitil recelittv. of t1w laxltv ill ('11forcellwilt.
InIateyears, however, ill whichextraditi"ll
proceedings werv necessary to brill(" to *tl-,tl(-(' re:'idelits ()f New Y(wlic zn
a Swe al, ) an account I)y 1). c. liemmin ( )f a 1wevimis raid ill RwItt ("111111\ Ili )I
bet 1897) elititle( Glh)rado iame Wardeiis aii(l the Vic lii ilzm-, The it F''I't-t
and Stream, L, 20, Januarv
52 GAME COMMISSIONS AND WARDENS.
who hunted in Pen.sivania and residents of Pennsylvania who hunted in 'West Virginia. In 1904 a sportsman from Homestead, Pa.., who had been indicted for hunting squirrels out of season in West Virginia, was arrested and taken under extradition papers to Morgantown, W. Va., where he was fined $25 and costs for hunting without a nonresident license. He was required also to deposit $110 as a guaranty of his appearance at the next term of court to answer the indictment.,
In 1904 Robert and George L. Parkins, of Lucyville, Washington County, Pa., hunted in Monongalia County, W. Va., without securing nonresident licenses. On returning home they took with them several pheasants (ruffed grouse) and one quail, which they had killed out of season. In September, 1905, they visited the county again, but left upon learning that inquiries had been made regarding their actions. A requisition was obtained from the governor of West Virginia and duly honored by the governor of Pennsylvania. T1he men were then promptly arrested at Lucyville, taken to West Virginia, and upon conviction paid fines of $312 each.,
In September, 1905, the grand jury at Morgantown, W. Va., found three indictments against John H. Malloy and Dr. 1 alter Downey, of McKeesport, Pa., for killing five yellowhammers and crippling one, and for having the birds in possession. A requisition was obtained and Malloy was arrested and brought to West Virginia. DoctorDowney was ill and could not go, but Malloy plead guilty for both and paid $15 fine and $15 costs in each of two cases against each defendant making a total of $120.r Malloy was also charged with purchasing and having in possession a fawn with spotted coat, and in this case paid a minimum fine of $5 and in addition costs amounting' to $6.50.
Recently the Indiana authorities made requisition on the governor of Kentucky for ten citizens of that State, who had been hunting in Indiana without license and who were finally brought to trial in Indiana and convicted.
Montana makes specific provision for extradition in case of violation of game laws. A section in the game law of 1897 (H. B. 123, sec. 23, p. 254) provides that whenever in a trial of any felony under the game laws of that State it appears that the crime was committed in another State, or that the game was killed in violation of the laws of another State, it shall be the duty of the court to hold the defendant for such time as shall be required to allow the authorities of such State to take the necessary steps to secure the extradition of the defendant, and it is further made the duty of the prosecuting attorney to notify immediately the proper officers of the State and county where the offense was committed.
a Bulletin 19, Biological Survey, U. S. Department of Agriculture, p. 44, 1904. b See Ain. Field, LXIV, p. 311, Oct. 7, 1905; Sportnian's Review, XXVIII, p. 428 Oct. 14, 1905.
"See Am. Field, LXIV, p. 335, Oct. 14, 1905.
ho made (d, :k Wiscm):- ill pl-4)vis,
III this vollilection mention Ina )II
w lthoriziw r action i verv sillid:11, 01 t1w ()Jwralioll.' III V411S41 41f
extradition. Bv this pl-Misimi W111*deli-,- ()f ()dwr are (11-clarvil W rOnts Of t hei I -it t's i 11 W i- (-( ills i 11 a Ild vil I )I M (I I'c( I d It t 4 IV isu-ollsill, svizt, and v!1 I-I-v back :ill\- traine m ilawhilly ,Iiippcd 1'1*4)111 1' taken in their :-;tatt's, and trIw-;p()I-t:ItI4iII cm ill'allic." 1111th(WW 'd t
-(,,I- to sm-11 olli(-ers anv iraillc dellianded. W :11-dcli -v ful-111cl. eMPONVeIT'd to dislwso (d g-aille ,;I) wizvd 'n W'scmisill lallce
with the laws 4 their respe("tIve states, but sm-11 d1spl)"itiml i, 6) be all (dlicer(d, Wiscmisill, alld t1wexpewcs are made a livii on the proceeds. A further pi-m-i-Sion dv ,igwltos wardells Of o0ler States as agentss (4 Wisi-misill t,()I. the pllriwse (d, '-wizillip, holding, and disposing of gmlw pn)tected bY the law-, oj,
:,FAUCH WITH NVANIZANT.
The rio-lit to) sear(Ii (vi-taill lflac(- 1111der warrallt, alld ill States PeTSMIS1 lias beell (I Ili te (relle rall v con fe 1.1-ed upml (ra] I le Nval-(14 'lls. AN' i t I out tile speeifi(- ().1-alit of HIIS POW01, by law it is (Iliestiollable NvIlether it call be exeivised. To authorize the I SSI I'll. II(T Of a Scal-ch warralit there must he a (-omplaint, Illidel. oatil. Ch"11-2-ing- a violation ()f the gaine law, and such (-omplaint should designate the ptwe where the gain(- is com-ealed or stored. In Several 'Stau-, the Illtu)-istrate is
authorized to issue a :-;earch warrant upm affidavit of pro able cause foi. stvpectillg the colweallilelit of gaille ill certaill places colituary to Iaw. The search provision of the Minnesota statute may he quoted as an example of the drastic invans adopted by most of the Western States to enforce their g.1111C laws:
Anv court havin- juri:.4diction may iij)on c(miplaint showiji(z probalde cause for believing that anv hirti, aninial fi:..zh )r any part there()f caught, tal'.-en, killed ()I- hail ill po."Sessioll m. 1111der c()III.T.4.1 hy ally 1wi-soll, (a. dlijqw(l or tralls1wrled c(mtrary to the provi.,ions of thi: chapter, is (-()iW(1z11cd w. Illt-al1v kel)t ill aliv I)IIII(IIII(r (1,11' (T receptacle, shall is!. lw it se'll-ch warrant aii(l cause a search to) he made ill aily such place for any such hinis, nnimals, tish or any part there(4, and may cause any I mildill-, illch)slirtl 011' CM, t" he clitered, 11111 allv '11),tutinew, (Awst, h()x, hwkcr, cvite, basket, 1'ackage, ()I- ally 4)dlcr recel4aclo Whatt.-N-cl, to he hr(,keli, opclit-(I alld the contenl,4 there(if examineI. La f 1901-), c I i. :N 4 7 sec. 12.
Theolder reI II(I'all tly gra lit the rig-lit
tosearehl evell with a Nvarrailt. Thus Ma.,- Stwllllsetts did not colifel. the ricrht to search, under the (r-ame Iaws, till 1904, and then mi1v under warrant. Ili Alis.-;i- sippi and ill Illost other States a private residence can not be searched, and in -Mahie it (.-,in only I)e searelied ill the daytime.
The power to -search persons stands oil a slightly different foothirr. In "Alichio-aii, Montana. Ore(roil. and We4 Ill, PC 1,1_7011 11-; Istispected
of violatilig. the grille IaN\-6 Can be searched under certain con(litious.
54 GAME COMMISSIONS AND WARDENS.
The Illinois law does not vest the wardens with power to search, but provides that when they believe any person or corporation has any game in his or its possession, contrary to law, it shall be their duty to go before any justice of the peace in the county and make affidavit to that fact. Whereupon the justice shall issue a search warrant directedc to any constable of the county commanding him to search at once for said game and, upon finding it, to seize and hold it until f rther order of the justice. A form of warrant is contained in the law, as follows:
STATE OF IrLLINOIS,
2To (11y c0mituble of said couityl, greeting:
You are hereby com mainded to search (here describe place), seize, and take possession of and hold any game, deer, wild fowl, or bird found there. And you (here name owner or corporation in whose possession game is found) are hereby notified to appear before me at my office in (here locate office) on (here state time of trial) and show cause why the game, deer, wild fowl, or birds should not be sold d the proceeds thereof distributed as required by law.
(Signature of justice.)
Justice of the Peace.
(Date of warrant.)
In Maryland also the warrant is directed to a constable on affidavit of a warden.
The right to search, for game illegally held is perhaps one of the most important functions of a warden and is necessary for efficien protection, for in no other way can illicit traffic in game be eradicated. This authority has led to the discovery of large numbers of birds and quantities of game in some of the cities of the United States and the suppression of a traffic only suspected before. It has been only by means of this process that illegal interstate commerce in game has been stopped. So hard have the market hunters in the Mississippi Valley been pushed that in order to get their illegal shipments to the city markets they have packed the game in butter tubs or egg cases, labeling the shipment 'butter' or 'eggs.' Other devices also for eading the game laws have been adopted. But the climax was reached when certain shippers packed their game in a coffin box and shipped it as a corpse, accompanied by a false health certificate. Some what more troublesome, if not so gruesome, was the resort to bales of hay, the game being placed in the center of a car with the bales of hay piled about it.
SEARCH WITHOUT WARRANT.
Seventeen States and the District of Columbia specifically provide tha wardens or other officers may search certain designated places without a warrant. (See PIl. V.) While the statutes vary widely in language, the sustance is the same, and the officers are clothed with power to
t u I I te s is, the suandtefie
accomplish the same results. It is interesting to note that most of the States granting this power are Western or Central; of the Southern
R ZR~~ai ~m~y ~ Q~t. dPLATL V
\ 0 Ct
Stes only IuMisiana is inliuted and of the Eastern only .11 m ('onuicut, New Jersey, New York, inId Pennisylvaillit. Arkansas ha a IVIlon Prillittil tcmilll calriers ( opell alld exa1mie aly packdelivered to theiti for transportation out of th State that they pect contains gunme, and the Texas gamse law of 1117 contains a iar provisionI, -t. follows:
18a suich xprem complinly, or other c1mm1 cirrier, wr its agit, vrvani ofr ayms shall have the privilege of examining any suspected package for ft pire of determining whether such package contains any of the articles mvnttined ein [all game]. (Ilouse 1ill No. 345, ser. 10.) Ohio dos not vest her oticers with power to search without wart, but provides that in case of refusal of the owner or (personl in large of any package, hox, coat, clothing, or other receptacle to pellit a wardenl or odicer to inspect themi., such officer mny procure a Mch warrant to do so from any competent court. Penalizing the usual of any person to permit an inspection of his place or receplethe interposition of or hindrance or interference with such search, complishes much the sanle result as direct authorization of search .b or without warrant. Such provisions are as follows: ment&s.-Persons engaged in trade of meat, fish, and game are required, under alty of $10-50, to permit an inspection of their places of business by a warden. finnesota.-Any person in possession or control or in charge of any hotel, restaur, storage plant, or house commonly used in storing meat, game, or fish for private ties refusing or failing to permit any member of the game commission or its wars to enter such place or receptacle therein for the purpose of making an inspecn thereof is punishable by a fine of $50-$100 or imprisonment for 30-90 days. Yest firfinia.-Any person who hinders, obstructs, or interferes with a gamie arden in the discharge of any of his duties (among which is the duty to search for eence of the violation of law) is punishable by a fine of $10--50, and in default payment shall be imprisoned until it is paid, but not exceeding 30 days. lichigan. Oregon, and West Virginia, renler evasions of their laws
more difficult or miiore certain of detection by making hindrance obstruction 'to officers in their search for evidence r fruits of nations, prima fade evidence of violation of law. The Michigan >vision is as follows:
And any hindrance or interference, or attempt at hindrance or interference, with h search and examination shall be prima face evidence of a violation of the law the party or parties who hinder or interfere with such search and examination. Details of the right to search without warrant are given in the table pages 46-49.
SEIZURE OF G'ME.
Complementary to the right of search and only another step in that pcess is the right. to seize game or the implements with which it has en unlawfully taken. Before the warden undertakes to exercie
56 GAME COMMISSIONS AND WARDENS.
power of seizure he should be certain that he has the statutory rig to do so. Such right, however, has been bestowed upon officers b the game laws of nearly all the States. Usually game alone seized, but a few of the States provide for seizure of uns, ammuni tion, and any contrivance with which game has been illegally killed taken. In the table on pages 46-49 will be found a list of the State permitting seizure without warrant. (See also Pl. VI.) This powe is exercised also in a few States not mentioned, and is doubtles justified under the language and context of the game acts of thos States.
The objects of seizure may be several, but the most usual are pre venting consummation of an illegal transit, sale, or other disposition and securing evidence of a violation of the game law. Under ths authority some very large seizures have been made; thus in the prose cution of Robert Poole and William Kerr in Minnesota (Statev. Poole 100 N. W., 647) 2,498 ducks were seized.
DISPOSITION OF SEIZED (GAME.
Twenty-eight States and one Territory prescribe what shall be do with game which has been seized and what disposition shall be made the proceeds when it is sold. (See Pl. VII.) The details of these pro visions are shown in the following statement:
Colorado. -Sold. Proceeds paid into State game fund if seizure an sale is made by a warden; if by a sheriff or constable, one-half to Stat game fund and one-half to county.
Illinois. -Sold. After paymentof costs, one-half proceeds toward making complaint and one-half to State game fund.
low.-Sold. Proceeds, less expenses, paid to county school fund Louixiana. Confiscated. Apparently disposed of as court ma direct.
Jfa ine.-Sold. Proceeds, less expenses of sale, paid into State ga fund.
J(nlfmld.-Sold. After payment of costs, one-half to warden an one-half to county school fund.
JMiciqan. -Disposed of as court may direct.
AiJLncxota.-Sold. Proceeds paid to State game protection fund.
MilAso IrI.--Donated to some charitable institution.
Mi s xx/p/. Confiscated. Apparently disposed of as court a direct.
fon-tana.-Sold. Proceeds paid to State fish and game fund.
erauda. --I)onated to some charitable institution.
X1w IIamphIrde. Sold. Proceeds paid to game detective fund.
Aca Jcr&ey.-Disposed of as court may direct.
N lbrt C(iUrolia. -Sold. Proceeds paid to bird and game fund.
Nueth Dakuota.-Sold. Two-thiirds of the proceeds paid to wrde making seizure and sale and one-thiid to district game warden,
Sut 8 tlg~lSurvyv U~ 5~ Npvj o AgP,,.ullu. PL Tf 1I.
m m z
DISPOSITION OF I ZED
01 0I().__.6'Fst*hvikts to State." ApImi-entlY disp),v4I ()f a, rimi-I direct.
Oreqwl. llkposed ()f a., cmll-t II)a v (I i I-v cI .
14 s I I i I t I I I (r, k 1114 1.1 S. t I Iuse its v v i de I WV, I t I'i V 1( 1 .
'SmIth ( S(Ad. Pl.(weed., ; pald 1() 'Stal ( galley 1*111141.
8emlk AtIodit. Sold. Pim-eeds paid ti) cmmtv (r:ime fill)([.
()f -,I,, emil't Illay dil-ect.
VIIII0. Sold. I'l-oceeds Imi(I t(,) cotillt v t I-vasill. v.
I -e-/ /) 0 1) 1 Used a...; evidelice, Appal-viltlY dlsp)'- I.d ()f a 4-mill Illay di rect.
-DisIm"ed ()f zis cotil.t. nuly direct.
ITCxt I 'iryij is(. Dislmsed of as cmll't maY dil-ect ; if s()ld, 1)].(weeds paid to State treasill.y.
111"WmIsili. -Sold. Proceeds paid to,_)State ti-easm-y atid ci-edited to huntinur limise ftmd.
11_yfm ;Iql.-Sold. Proceed,, paid to State (l)-ame fitted.
From tile foreg-oiiig it will be seeii that ill Odm-ad(), Illilmi". mall)(1. Marviand, Millnesota, Montana, North Cai-()Iiiia, N(a-th Dakota. Smith Carolina, South Dakota. aml Wyomiiig- the jwoceeds at-Isilig fl-mll the sale of cotifi-scated (rame are Ilsed ("ither NN-11011v of- ill pal't for "',111110 protect imi. In Mi(-hig-mi. NeNv Jerse Miall(AIIIt, 01-eg-oll, X I
Virginia, tuid West Vii-o-1111111 alld app'l-ently ill I'mlisialla, Ohio, and Vermont. emifiscate(I v-aille is disclosed ()f ;I's the C()Ill.t Illay direct, while ill MiSSOUri, Nehi-aska, -Cmd Pennsylvaiiia, atid ill AVi,,,cMlSlll in case sale is I)rohibited', it is', dotiated to some charitable iiistitutioil. Prior to 190.5 a similar pi-ovision was contained ill tlj(,, law of Millnesota, but it, Avas fomid that these iiistittitimis did iot l)l.()lwi.l v appreciate the I)rivileg-e, and upoil the recollill)('11datioll of tll(' h()aI.(I of game alld fish Collinlissiollers the leo-i-slattire of that ve"ll. (III-ecte(I that all confiscated crame Should be soldaiid the procee&.4 paid iiito the game protection futid.
The ]aws of Illinois, Alat-vhmd, Alolit:111a, N,()I.tll (.1r(dilm, S4011th Carolinal, mid North Dakota direct the office. S(,Illll(,to issue to tile purchased. a cel-tificate of IaNvflil purchase "Illd pi-m-lde that thereafter he may dval Nvith stich game as if it had beeii :w(Iiiii-ed in the State accot-diiig to IaNv.
The right of the State to direct the Sale of cmifiscated hirds alld (.()]Ivey a legal title to the purchaser, Nvlio tmder m-dinary cii-ctiiiistaiwe -; would be debarred by I:tN%- from awful possessim) of -stich hil'ds' ..questioned in the case of Aleut People (111.). relmi-ted in 64 N. E,.. 1106, and there, stistaitied.
58 GAME COMMISSIONS AND WARDENS.
As seizure of game or arrest of a violator of the game law is likely to occur in remote sections of the State, where itis difficult or impossible to secure ordinary means of conveyance,-the laws of Codo and Nebraska permit the officer making the seizure or arrest to ue for transportation any available vehicle. Colorado provides thatWhere game or fish, while being transported, is seized under this act the office making such seizure shall have authority, upon payment of reasonable competion therefor, to also take possession of and use any animals and vehicles used in such transportation for the purpose of conveying the game or fish seized to a convent railroad station or place of safe keeping or sale, and also for conveying any ersn arrested for the unlawful possession of such game or fish to a place of hearing or tria, and no liability shall attach to such officer by reason thereof; but this section shall not apply to any animal or vehicle while being used as a public conveyance for p sengers or mails, or to any railroad car. (Laws of 1899, chap. 98, Rec. 12.)
The Nebraska provision is practically identical.
SEIZURE OF ILLEGAL APPLIANCES.
A number of States denounce certain methods and means of buntin game, and, as a rule, provide that the use of proscribed appliances sha forfeit them to the State and that they shall be destroyed. To facial tate 'and legalize such destruction these articles are usually declared be public nuisances and liable to summary abatement when found in use for capture of game or fish.
The Supreme Court of the United States has upheld a provision i the New York law authorizing the summary destruction of fish ne a illegally used. In Lawton v. Steele, this court declared: Where th property is of trifling value, and its destruction is necessary to effe the object of the statute, we think it is within the power of the leg' lature to order its summary abatement." (152 U. S., 133.)
In Minnesota guns used in violation of law are frequently sem and, until a few years ago, were sometimes confiscated. The repo of the board of fish and game commissioners shows a seizure of mo than 60 guns during the period from March 1, 1900, to December 1 1902. Some of these were retained and sold by the commisioners while the rest were returned to the owners after investigation. right to confiscate guns, however, was withdrawn under the act o 1905. In Nebraska a provision in the law of 1901 authorizing cone cation of guns was declared unconstitutional by the supreme court the State in the case of McConnell v. McKillip (99 N. W., 505).
In South Dakota guns and dogs used in killing game contrary law may be seized and sold, the.proceeds to be paid into the county ga fund; in Maine guns of unlicensed aliens who are found hunting may seized and sold; and in Ohio guns and boats may be seized when us illegally and upon due adjudication by a competent court turned ov to the commissioners of fisheries and game to be sold and the proceed placed in the State treasury to the credit of a fund to be used by t
Bull2 Bw.kil4 $gifty U. S< Dpt ofAgo,,vfjtvte. PLtT>E VII.
........ .... .. .. .....
I,+ -n + >
s .*, .. r
0n + $E .*****~ ~~::
NZITHE OF 1L1,F.(;AL API A N CFS.
C01111M SS10I1(q-,, fol- tit(, 1)f trlllll(, pI*()tv0 ioIl. W i ,414)11-ill
declares ill(, follmvititr public Net-s spi-vad tipm )I- midor
anY W itt(ITS ()f flic Stilte NN.Ili(-Jl Illitrilt %% ij(j fj N%-J: jtlj%- 11-;tp, 8111tile, .-T H 11 tr A I' I I I I, st 't "I I It I' Iv N. ic( Nv I I i4 -11 111 i 4 r I I 1 0 I I ( ra I' k I I I tL11N, Ill"ot(lete(I ('1tillO ( W 1:1111ps, 1111(l ljirlIt:, 11,1,(l III 11111.j\\
fill pul-Stlit of tqjllj( : -,III\ Ili\ oI-.,\\-ivA.l o-till m allv firem -111 114)t llahitUal I held lit trill and d iscl)"I 1,4 "Od 1,1*()Ill ill(, sil( lilldel. w ilell
Unlawful lvv, allN. bo-it, jl()atiIlAr I.-Ift, b()X, m. Wind zwt ill (yeli or outside, t i nattiral tri*oNvtli of -stillicielltiv hit.-Il 0) cmice'.11 ill,.
SHIM, 01' all al-tifici,-d billed sct ill opell water fo]. till- 1111law I'll] pill-silit and huntintr of dul. -ovs sct, ill
Wate rf o W I o I 11101-V til,111 210 feet from cm-cr- Alld the --;1:ltlItv als() provides that
awltil use of anv if the articles menti-med ill thi ct' -v ti, the
The m il, 14111, c41l1tl*,I1
provisi(-ms if law, 4iall ftwfcit the Saille tt) the 'Statc, 111111 lip'll tht-il, bcill- fmilld under tui\ t,)f the conditi(ms which shall r(,ntler them public imi 1111C(IS IS Tccificd herein they may he immediately (Ivstroye(l.
V-1 's charo-ed with the dtity of protectingIll 13ellllS\ Milt,
guill(I have the PoNver to seize trims and sbootino- pantpheriialia bclowring to nonresidents and unnattinalized forcio-11-hol-11 residents I] [tilt Ili" Without licell'se, :111d to hold them subject to payment of tbe fine
I -e d, -s. if the Jim, sti I iv
and costs. At tilt,, expination of IiN aN I I ;I I I I s
unpaid, they aiv autlioi-ized to advertise theill for s'lk, and sell flivill ten d, aN -if tei such date and applN the pl-oceeds to paylliellt of co-sts and Penalty. If there be ,ill anIOLIllt ill ('XCCSS of tl)eS(' Ch,'11'(1-OS it, iS
returned to Ole ownei- of the property It is ClIstollial.\ ill Smile states
to add a provisioil' ill the baw exempting oflicer,-; from 11-.1bility for
searebes aiid seiMires. even foi- wrongful seiziii-es. Tbus, Illinois, pi-ovides ill the g-arne law of 1903:
SEC. 24. The State g.mecommissioner, mame wardens an4l deputy Nvardens-luill Twt Ix, liable ftw any dama,_,v iw co ts Slistaille(I hv ally personz-z or h\ ill
of the wrongful seizure, of game, deer, wil(l fowl, or birds undcr this :I(.I.
WHO MAY PROSECUTE.
Ordinarily any person may institute a prosecution for the violation of the game laws without the consent or sanction of an ofer. I Illinois and Nebraska it is specifically provided in'the game law tha prosecutions may be brought by any person in the name of the State but in New Jersey proceedings for recovery of penalties under the game laws can be brought only by the fish and game protector or fish and game warden, police officer, constable, or member of an incor porated fish and game protective association. In New York ction for penalties under the game laws must be brought on the order of the forest. fish, and game commissioner, except that private persons, upon giving security for costs. and societies or corporations may recover penalties in their or its own name if notice of the institution of suc action be given the commissioner or chief game protector within fif teen days after service of the summons. In Ohio prosecutions b; wardens or police officers for offenses not committed in their presence can be instituted only upon the approval of the prosecuting attlne or under direction of the attorney-general. Orego-on and Tennesse declare that prosecutions for violation of certain provisions of thei game laws must be brought on the order of the State warden. Whether this excludes others from instituting prosecutions or not is uncertain In Michigan, Oklahoma, Texas. West Virginia, and Wisconsin te State game warden. may make complaint and cause proceedings to b commenced without the sanction of the prosecuting attorney and the need not furnish security for costs. They are authorized to appear i any court in any case and prosecute it in the same manner and wit the same authority as the prosecuting attorney.
In some States no general provision has been made for an attorney to prosecute offenders in the inferior courts, and in such cases unless an attorney voluntarily tenders his services or is employed by the war den or private parties the justice or magistrate before whom the case is pending must conduct the State's prosecution. This often result in a miscarriage of justice and offenders escape the punishment pre scribed by statute. To meet this difficulty Colorado, Idaho, Illinois Minnesota. Maine, Montana, Nebraska. Oregon. and a few other States have inserted in their game laws a provision requiring the
MIME 4W Wl'V%4AT1()N.
of these states the rclillin'd 14) Ill-litliti. tiltprosectitim l N0 14.1level. dit. N, rec(.k.4, illf()1.111:11 ii m ( it- 11:1\ V k114m l edge of I If(-- ottenso. 1 2tjjSj..; tr:i1111- OtIll t 114. 111:14-I'l-I I.A 4.
havillur proper jurisdicl ion to all t( % c4)lj(1lI(.t tilt,
t I( 111 '. ()III( -I
Sol 11111d directs th.It such
&,6; (q)sts ,k(rjj ill.'-4 vVCTV
'.111d St"tte V(TV lmve 1.1
larIV emph)ved attimivys. evell ill I 1w (4 'l 1 .1111 Ill ll'izat
WS ofily it f(,\v St.-Ite-, 111:1ke pl-m-isioll t,()[. slicil Commission i.- ellipm-ered to eillpl() v all 'tttorlwy ()I' attm'llc V., 14) jwl.form Such services a., Ina v hl' I ( I I UH l. (I. Ill([ licil "Ittm.m. v i
required to appe.ir for the cmnim- sion Ili any (,I\-Il actiml ill it
or its warden., may be illtere'.4v(l. '111d b(. III.,Iv '11-. I 't tile cfmiltv
attorney in all crinmud pro,),ecutlmls. m% wheii fm-an : V Y("I -( )II till, attorney does not act, illav cml(llict the pr(),sectitiml witil t1w authority as tilat officer. 11P_ is pal(l frmll tilt, fmlds
provided for enforcement ()f the act. The forv 4t. fi,,h. :111(1 Y11110 CMIImissioller of New York is alitlmrlze(l bv tile o.'allie ,t(.t to sary counsel ill his ()flim and to apl)(Jillt ',Ill ,Ltt0l'IlVY to tilt,
department in the prosecution 01. defell-se ()f my prm.cedllw. hi'mudit under the ganie law. rhe compensation of these 1, paid I'l-mil
the genen-11. treasury. The I;iw ()f Wy(mmio- ;ik() autliorlz(- till, 'State game warden. m-hen he deeim, it lleco:.Ssar V, to (11111)1() v m attorliev. whose compensatimi is to Iw pal(I from flie 'St'Ite (''all.le fillid. to pI.4)Sj1cute violators of the ganie laws..
MODE OF ACCUSATION.
An indictment is .I written acews-.1tion presellfed bY :I jill. v t
a competent court. charc;-inir -.I persmi. \N-ith tli(, cmiln I 1- P) I 1 (4 'L ('11111C. An inform-tition is ,I wriaen statement. ti-4tutlly mider (),0111 hY ;I pi.()"- ICutincr attorney oil behalf of tll(, State. char(rill", "I P111SMI With the commission (..)f a crime. A colilphuilt m. allidavit (t*()I. till- PUlTw't, (4 a prosecution) is a Statelliellt tilldel. ().'Itli. illadO hY PCI':- ml. inur another with flie commission of a crime.
These are the modes ()f accus-zition Ili me ill ci-iminal tliou (rh. zl-elsewhere stated ill tlii- bullethil a few of tile game laws of- cortaill fvatllre.- of thrill bv I pI.(we('dlI1q" ill Ole 11:11111v of a civil suit for the reem-erv of penzilties.
Which one of the modes is Ptlrti('111:11.
-tattitory reo-ulation :md the ch i to
depends upon s ?,*) 1 -1 1 f till, ()tl*(,11,(
and both of these differ Nvidely ill the "-wvenll 111dictilleilt 1*(--,
for offenses of the graver sort) those With ill1l)ITsolilliclit in
t 62GAME COMMIT! 9OflS AND WADEX.
the State prison or for long terms in a county jail, and is the mode most frequently adopted in cases cognizable by courts of general
jurisdiction and in the Federal courts.
At common law an information was allowed only in cases of msdenmeanor, but in the United States the practice is not uniform, and the constitution and statutes of each State must be consulted to determine where and under what circumstances and in what prosecutions it lies.
In many States and instances indictment and information are concurrent remedies, and either mode may be pursued. Where such is the case, information seems to be the most expeditious and satisfactory
remey. ut hislaterlike an indictment, is usually confined to
prosecutions of which the superior courts entertain jurisdiction.
Complaints and affidavits are the usual modes of procedure before
justices of the peace and other inferior courts exercising limited jurisdiction. As offenses against the game laws are ordinarily misde mneanors, and triable by such courts this mode of accusation is the one
most commonly eihployed.
The maxim um fine and term of imprisonment prescribed for a violation of the game law ordinarily determine what court has jurisdiction of the offense, and consequently what mode of accusation is
STATUTES OF LIMITATION.
At common law a person committing a crime can be punished at
Any time, no matter how great the period intervening between the commission of the offense and his apprehension. But it is the policy in this country to set'at rest criminal charges after the lapse of a specified time. With the apparent exceptions of South Carolina and Wyoming, every State has assigned a time within which a criminal action must be commenced; otherwise the defendant can not be legally convicted. The statute usually begins to run from the commission or consummation of the offense, but in a few States it runs f rom the time of discovery of the crime. A general statute ordinarily controls this subject,- but the limitation is specifically prescribed by the game law in Illinois, Michigan (certain offenses), M\innesota, Pennsylvania (certain offenses), Rhode bland (certain offenses), and South Dakota (off enses I
concerning small game). A comparison of such limitations shows the average time to be one year. California, Colorado, Montana, and Wyoniing make violation of certain provisions of their game laws, felonies, and in the first three States this has an important bearing upon the limitation of the prosecution. Felonies in California and, Colorado may be prosecuted within three years, and in Mlontana, within five, whereas in California and M,\ontana mere misdemeanors are barred after one year and in Colorado, after a year and a half. The off enses which are declared felonies by the game laws in these States are as
STATUTE' ()F LIMITATION. 03
fO1OWS CIlfona killin (Ak: t1lo'-ado killinir buffaloi Montaa
shootn orm killing utoose, carlliboul, or buf lit antlime orl m deer,
antlop, elk, grolit or sheep inllos season, exiceeding. th bagk limit
an 111tIimlals, and hutngwithou)It license- bInlrk.eit;Wym il),killing or eawb-ing buffalo), ow removling theim fromI theilate and
k it catrig or desrotn big (ame solely\ for)1 their. heads,
rs, horns or tusks.
Itfrvqutintly happens thait persons whol( violate thle cr1iminal laws, tha e i State immlediately or,()I before thle expir-aon o)I thle tinie within whi( thle pros'evutionl mus1'A ordinlar-ily beConned Ifnoxetion the runnI-iling' ()f thle stnatitt were' imiaIde to numet such ase
ofedr might return-i to the S'tate ill secur11ity after1 thle sullimit o)f
bile adexpired. To avoid this contingen,11cy, it IS nowV veryW genel1all-1 ino1t unvraly provided tha,'t the( timel( Of 1a) IW~ec o)f thlt
deen t fromt thle State shall not- be ounltedl as part o)f tile period o)f filuita i. Thle laws of some States -ontlainl other vx(elptionls also, as whn thie defendant conceals himself, is; aI nonres(.idenlt, or practices aom fraCud tupon thle offic-ers of thle law. Th following tabtle is intended to present Ill COljp-mct form the
peiods of limitation applic-able to pro-Secutionls and actions, for violanils of the game laws:
Tiewithin which ( 'imiwdJo'clitiomi (/)), ( 'I/.// 1.c1hni f'()I Viliojwi "t4 ("mm, Lnwrs M 1rst /w coin /w/wed.
Sta tc. C'rimnal prseto.Ci\il nct iowi
Albaa 1 yekar in thc uircult, roomy, ()r (,ity
670 days before hi ilee c (f C-ke P1,W 'k
CI forna ..... ....... 3 years (fro,-myj ...........
Year (misdemeanliorl) .............
Coo............... 3 ycars ( felonly)............ .yers for possession or daue of
Cneticut .......... I ycar.............................
Ditretof Columb111 ial... or( ........... ..
Fl rda .. ... .... 2 c s. . . . . . . . .
Idah ................ I months............................I e~ o eoeyo
1 erbefore ju'e f ti(Ithe ,1 c n .
(fine not excee4ding- $1001 oir itoprisoinment 30) days i.
Kanas ............2 yca rs............... ........
Kntuky....... 1.ea ..........................
Luisiana........... 1 eair............................
' ale............... ...............................2 years.
Mrlld. I.vva r..... a ...................... ....
Msahusetts ..,..... t; 'yea rs ............................
Mihigan o; eirs....... .........................
1 year for violation, of scc,. 7s-5w
(7ornp. LaS of I':'
Minnesota 2yar .........2yer ........ I........ .........
a 2Uder Federal statute-s.
f1) rohibitinig possession or capture for export oif fish or game, andI sale o)f quail, pa rtridge or wo im
04 GAME COMMISSIONS AND WARDENS.
Time within which (rminal Prosecutions and Civil Actions for 1%lation of Game las musxt he commenced-Continued.
State. Criminal prosecution. Civil action.
S M ississippi ............ 2 years ................................
M issouri ............... 2 year.................................
Montana .............. 5 years (felony) ...... .. . 2 years.
1 year (misdemeanor)................
Nebraska .............. 1 years .............................. 1 year, action for recovery of penalty
imposed upon common caers illegally transporting game.
1 year (fine not exceeding $100 or imprisonment 3 months).
Nevada ............ 1 year.................................
New Hampshire ....... 6 years........... ........ ...
1 year (tine not exceeding $100 or imprisonment 6 months).
New Jersey ............ 2 -ears. ................. 2yeas.
New M1exico ......... !2 yar
New York .. year..................................... 1 year where whole or part of penalty
is allowed person prosecuting for same. 2years, by te State.
North Carolina ........ 2 years.............................
North Dako ta.. .. y rs........2 y.......................
Ohio .......... ......... 3 e-rs........... ... ....
Oklahoma .............. 3 years ......................
Oregon................. 2 years .............................
Pennsylvania........... 1 year .......................
Rhode island .......... 2 years (finetothe State)....
1 year (fine or any part to prosecutor I.
90 days, for violations, as to birds .... South Dakota .......... 1 year small game .................
3 years, big game....................
Tennessee.............. 1 year .............................
Texas ........ ...... 2 years ............ ............
Utah ................... 3 years .................... ..........
S2 years, before a justice of the peace. Vermont .............. 3 years ............ ............
Virginia ............... 1 year .............................
W ashington............ 1 year ..............................
West Virginia .......... 1 year ...........................
W isconsin.............. 3 years ....................... 2 years.
The practice of making a violation of law, as to each individual
animal or bird or each unlawful act or omission, a separate offense,
and punishable as such, is so general at the present day that scarcely a
State fails to include it in some part of its game law. The provision
lhas much to commend it, especially where the policy of the State is to
inflict small fines or short terms of imprisonment. Under the laws
of North and South Carolina each day that a nonresident hunts without a license is declared a separate offense.
The New York scheme of penalizing the offense and adding a penalty
for each bird or quadruped constituting the subject of the violation is
the same in effect and so is the scheme adopted by several States of
affixing a stated tine for each bird or animal in respect to which the
offense was connitted, however the procedure in the three cases may
differ as to thie nmnber of complaints or indictments. In the first case
as many prosecutions may be instituted as there are individual birds o~r
animals involved in the violation, and this has reference rather to procedure, while in the last two cases only one indictment or action lies,
sj4j..,cl.x1. FN11sFNc1-*. ".5
however manY t hv individlial birds Aw allillial, ill\ ()k (.41 ill I lit, N 1011:1.
tion, and t It is It.-Is 1-4.6 1 111lict, [lit 01 .4, t It( 11 .4z ro 14, ( 0 Plitt 1
inflivied. 1 114-w (4 puniNlimew Ion r nio vc;tIwd -it I:wk III
the rm il-ts up III a I It -,rr( I ('I )11 %t it III Im la I t 11 1*( )111 H I It I I i I I 11:1 1 f 4 -1 v Pv Iviserte(I t bat I liviv is [it) 14 :111\ t It )it 1 11 111:1 ( I lit, I Pro IN i -i( III-, tl*i* VNII(I
In mw 1)()(de. (11, Jauk ,ml v. M1111I.. had ill
h is It I i-I m ) ,( -s (it' ,;tlc 2.1 11111) NvIld III \ i" latio ll (Ot,
tile tralliv I.-I 11"It S t :11 e. I I (. \v I 1 .111( 1 11 \ I
Ull( I el. t hat --tcct it In () 1* 1 lit, trallie IIN\, N\ hich lecin I-cl I t Imt -III
having ill Ili:- pw,,cs ion \\ ith liltclit t( ScH ally \61(t durl. ,-Almlld )w
pulli...41lett hy a tille (4 11 t lc,- Ih.-Ili '-,H) ()I- nion, I I mn ', '2:,, (ir loy
11111,11111SO11 Ine lit fm- Imt t 11:111 11, ()1. Illm-c Omit :"it da v,. I'm. cach and
eTVTV duck "o lws-w.- Scd. 'I'lle cmirt imp)-wd a hile (4
Pooh'. with the alternative that Ilc 10c illlpri smlc(l tintil Ow tille Nvv,
t( FI.,I)III III;, sclitclice P(wle appealed
a P 1, but imt Imitrer t Itzm 2( HI davs.
to flic supl-clilt, (*()Ill*t (d, the State. lir(rilw- allimit'. ()tll(ll* f(w
reVvi*S.1,11 of the jud(riliclit that the ,-4,atlltv was lilwonstitilt bccau- (.
it was in violatimi (4 tlmt part 14 the state collstittitioll wIllch 1)1.()hibitvd t1w infliction 4 cm-tssive fiiws ()r crucl and untistial punP Iiillents. Tlw (44cildalit's was ovel-1.11k,(i alid the sclitclice 4
the lmver court adirnw(l. In of the Chlef Justice
Sfill.t. NN-11() wrote the ()pinion. ivin-irks:
If the pelialty wcfv 11''t s(i lhat thc greater t1w offcnsc tht- 1,rrt atcr tht,
punishment. the !- tatlltc w('11M 1116te it- mvil (1cfeat. It wwlld 1w ah-murd t(, 1,11111AI
the 11111awfill p s (-Sii )n if 2.000 4-w it ir ir( I.' m I t I It hasi" ()f ()11(,.
it ,, last alialy -is, 1111. filw illlp)-cl ill this czl- c ;HV cXc(-sIvc, 11i)t hv r(I'l-Ill
of the Statute hut I)v rt a -tlll (of the Illa'-'llitli-Ic (if lilt, (4fellse. 'FlIc fault iz
theirs, n4it that f the -tatlltt%
In it few States, w1wiv eacli hird or allillial is Illade the of :1
Separate ()tfen-w. ill to ohviate thc liccess1tv of fill1w. a Separate
indictment or c(miphtint for cach ()it(,, it is prmided that tw() (W IIIMV
Offenses 111,IN I I I I I(
bc charo-ed ill the cmilpht'llt. information, ()I. *11d, -tBlent; and it i-- fiti-t1wr pi-m-ided In Alaballia. Odontd(). and Nehra-ska
that violation,- a-, to -III\, nuillhol. 4 allillial., m. hink 4 the ,allic killd
4 niav bt, cliarg-ed in dw s('11110 o'01111t allot plini.slied as ',L SCj)-,11-,tt(, (IffOllC
as to each allimal or I)II.d.
EV I DE'NC E
The (1(4endant havintv 1wen arraio-ned-that i required to ,tate
whetlic-1- m. Imt Ilc is (ruiltv of the chal-o-cs alicired ill Oil, ,ttlidavil.
complaint. Information. ()I- indictiliclit. :1:-; tll(, cas(, Illa v lw---alld
11101 11() t (r t 1 t (I c v o I v cs lipml tll(' pn),secutiml to tIW CINLPI-("- 11V
1)(,)1e, J(o -N. W.1 647.
the production of evidence. Experience
or extreme difficulty of proving the details of some cr
evidence; hence the provision so frequently found in rim
declaring that certain facts or conditions connected with the
of the statute shall be prima faie evidence of certain acts
unlawful or of a violation of law. The effect of the provision i
cast upon the defendant the burden of proving that he is not
of the acts charged against him. A review of the game laws of
States demonstrates how extensively this provision has been ado
Were it not so, many violations would remain unpunished. The p
vision is often inserted in a statute which grants to' the person s
privilege in derogation of the policy of the State, where it serves asa
safeguard against the abuse of such privilege and relieves the State
the burden of proving that the act done or suffered does not cme
within the privilege. Thus, in South Carolina, while the sale of domestic quail is prohibited, imported quail may be sold; but possession o
sale of such imported birds is prima facie evidence of violation of law,
and the statute casts upon the person handling quail the burden f
proving that they were imported. (Acts of 1906, No. 53, see. 1) The
numerous and diverse acts and conditions which have been declared
prima facie evidence of violation of the game laws are shown in the
What constitutes Prima Facie Evidence of Violation of the Game Laws.
Prima facic (or presumptive*)
State. Facts. evdec that
Alabama ............... Possession of artificial light while hunt- Possessor used it in hunting deer
Arizona ................ Possession o game which does not show Possessor so took it.
evidence of having been taken otherwise than by net, snare, trap, or pound.
California .............. Possession of game which does not show Possessor so took it.
evidence of having been taken otherwise than by net, pound, cage, trap,
set line, wire, or poisonous substance.
Colorado ............ Possession of game unaccompanied by It was unlawfully taken and is
proper and valid license, certificate, unlawfully held. permit, or invoice.
Mention of game on menu of hotel, res- The proprietorhasit in possession. taurant, caf6, or boarding house,
Possession of game in the field --------- Pos:essor is or has been engaged within a year in hunting t.
Pamphlet of game laws and regulations, That such laws, rules, and regulapublished by the State game and fish tions are in force in the State. commissioner.
Connecticut ........... Possession of quail, partridge, and wood- They were illegally taken by
cock in close season. possessor.
Reception by person or common carrier They were killed in the State for of quail, grouse, or partridge, and purpose of export. woodcock for shipment in unmarked package or addressed to a point out of the State.
Possession by trespasser of gun, dog, fer- Possessor intends to hunt or fish ret, or fisb rod. on the land.
Delaware .............. Possession of wild fowl by person who They were killed by such person
has, at the same time, a swivel or punt with such illegal devices, and gun. or is on the water at night with of unlawful hunting. artificial light.
Georgia ................ Possession of game or eggs of protected Law has been violated,
birds when arrest made for violation of law.
PRIMA YACJJ:IE "DEc
. .. .. ..r t I to 141'en Irt o k d i.
-.It I. Iplover, ,n t rf~ iiI I11 af:e T- he1 I tkir tI1 1 I t1 r Ia } o f l ~ it~o o r u r i tg i rst ldik\ of open -- e' A 11 III I1
Pt ~i i of r fr gin ga, t ~ cou ian ,a id ttar.e'I IettedI mttLon LIN iare Io transit tb g h or kile rotrr to lai
Kansas........ Po... e IIof game duo-Ir igal clo rde, \ Law% hall been- 11e
it hot 11 hasl fullyI killedI sae or F
gu ian, or Cliwc Isp his.aiT: i in cloI,.
Main ..............ohse!w!sion oif fire-arms tit night ill vic-ii P sssr is hunwtng duck- coit o f dut c k in g ro(d lijini i Mer ry i i i trar to law I10
of ; 1adop an k aI[L rd IIIi InIr bIr idgeI,.
I LIie on w I Nil landsI III or In I'WoodsI ILaw% T ran ispotto I (111111Of moose I()" and 11 deer 4 1 n- The iy wre kied i ot ra iry to law t rar 1VI t a%
"2111 u )e bir4s a ,It I Iight II wa at Ior abt iI thle p Iace whe Cre C t sh it was td
sitm bnIi-fore, t thle ie of ii, o r a f ter- su ch
P sIon Isalet o r I Iposiitin oIf b)ig i un is tosed ,,ld ,, (o 11fIr d.i1 or swte gu.-oed If foIr purposer otIt4,f Ishot ingJ ori killing_ wild fowl% .
uas aestts. .... (ossinof qualil dur11ing' season)i \ whkn 11:e1or ,a vio'lated '4m1t Prkilling and4 Sale. are prohlibited, except Vlion)1 of the act ich. ;u1i, L unde i r s toIIra :et I) p ri iT 1(P6 ,. Possinof pratirie chicken andl '])itrpo- )F 1;1- Vr ha vilaed th act Taki led nIlav 01us prohii t ingI- ;1le,. purchase1 i,n
posIesi o f -;tid Irds.
Po 'sIn of wotod dIu(ck . ....... Act pron h ibIitin hun' ITtin oI I aid birds has been ,Ioll V itedI
Cons t ru cIng or set1t ing a t r;p i nare, or Defendani It itended -i II to I take or I Ie t :(aapted-( to tatking~l o r killing am k iIII ill II t conr;r I t lW b i rd s, hTares, (or ra bbi ts uponl preImIIse' frequentedA Iy them~l I.
Po osin of at feIrret in ii Iice w\-het re ra; i It e6or ha use it IoT i ra re\ to bits or hiares aid gamel birds might bw law, takeni or killed.
Pseioofdeklldin Ma~sachii-itts Ios'esor k illd I I auI. ht r cap ltured iI ( ) it contrary to law. %Mihian. ... .. ... .I Hinderin Tl_ or interfe.riii-Ng wit IS tateI. \ Law ha'. e vio late~d b y peIo
ward- Ien anitld depualt ies inII1 tei r sealrch o IIf so do1ing,-. persons or laces f ,or ilIi ci t game i Poisessin of dee_,r inr redI coa ttandA fatwnI Law proI,(h ibit ing kill ing,- of '1u4.1 inl spotted coat. gameiit hlas beeii viola;te~d.
Wearing or pos iof artificial lig-hT Ieer have k-eetii hmitd illegaly.
in1 t he \%o ods .
Proo(f of possif dead bodly. carcass, Giame, was kil'(ed in losl esn olr skin, oir any part thekruof, lof game1k in1
Possinor control oif game ]11 It was killed i.n. .ichigan.l
Whenver it is poroiven that gamei was It wasttaken, killed(, (or exprte-d killed-4 outside oif Michigani conltrary to law1 oIf State, where't
killed( or taken.
Minnesota INPossession)t or Co T nrol of gamet... .. .. .. .It waithew pop qert y of th I atw
at th tii it wa% caugh]i t or killed: andl it was caughtL I1 or
Plosisession of game in elose;( seasuon ac It was taken ,I- killedI inl close~ companlied by tag of the commission), m~l- I seIo. Misori. .. .. .. ..Weariing art ificial light 4onl thei heuadl.. Deer halve beenl hulnted llgaly
Montana... .Possessioniof lead boieitsor partsofgvame Pow-ssessr killed1 theIame Possession (of gun ini fields or forest ts or- Law has been violated. on or about llte waters of the S4tate byIN unlicensed nonresident.
Possssin o game and songL birds uin- Capture iorloseioi uaaccompanied by proper andI validi II.
licen cetfcte, permit, or invoice,
in I addition to this general law, certain acts are declared to beI, prima fatcie, evidence of violations oflw under several of the county laws.
68 GAME COMMISSIONS ADWRES
What conatitutes Prima Facie Evidence of Vilto of the Gae LasCniud
Nebra s.....a... Possession of game and song birds dur- Law has been violated.
ing close season for shipment or in transit.
Mention game on menu of hotel, restau- The proprietor hasit inpossin rant, caf(!, or boarding house. New Hampshire ......Possession of carcass, hide, or part of Posesr hunted and kle h moose, caribou, elk, or fawn at any same contrary to law., time, or of more than 2 deer in open season or of any deer or other game animal in the close season.
New Jersey.......... Possession of deer and waterfowl in close Possession is unlawful.
New York............lPossession of deer or venison from -Nov. *It was unlawfully taken by ps
Poss ession of flesh or portion of moose, *Such game was uinlawul elk, caribou, and antelope in open sea- taken by poseor son for deer.
Possession of grouse and woodcock, ex- *They were -taken in New Yok cept under bond.
Possession or sale of woodcock, grouse, *They were unlawfully takenub and quail in December. possessor.
North Carolina .......Reception by person or corporation of They were killed in the Statefo quail, pheasants, turkeys, snipe, wood- Ipurpose of export. cock, and nongame birds for shipmentI to point beyond the State.
Ohio ................ Finding of anly gun, net, seine, boat, trap, Person owning, using, or mkn
or other device, set, maintained, or in claim to same is guilty. use in violation of law.
Finding of birds or game unlawfully in Such person is guilty. possession of any person.
Reception of game and birds for ship- They were killed in Ohio fourment to point out of the State. pose of export.
Oklahoma ............ Possession or control of game and birds-. They were killed in Oklahoma.
When shown that game was caught or It was caught, killed, or shipe killed out of the Territory, contrary to law of State or Tr
ritory where killed.
Resisting, hindering, or interfering with Law has been violated by pro wardens in their search of persons so doing. or places for evidence of violation of law.
Oregon.............. Possession of game and birds in close Possessor took, caught, killed, o
season, unless kept for scientific, breed- possessed same in county whr ing, or exhibition purposes, or as pets. found in close season. Hindering or interfering with State Law has been violated by pro game and forestry warden in his search so doing. of persons or places for evidence of
-violation of law.
rennsylvania ......... Possession of game, fish, skin, carcass or Law has been violated by ps part of thereof in close season. sessor. Possession of a gun in the fields, forests, Law has been violated b~yps or on waters of the State by unnatural- sessor. ized forei-n-born resident or a non resident who has no license.
Possession of body or skinl, or part there- Possession is unlawful. of, of game animal or bird except in open season and 15 days thereafter. Rhode Island ......... Possession of any bird in close season .... It was taken or killed contrr
South Carolina .......Possession of more than 12 wild fowl, Person is hunting without ices killed on public .lands, marshes, and and contrary to law. watercourse,- by a person who has no license (when one is required). Reception of game for shipment out of It was killed in the State for sc the State. purpose.
Handling, possession, control, or owner- Law has been violated and sc ship of quail, turkey, woodcock or birds were not imported fo pheasant sold, offered for sale, shipped, another State or Territory. or exported.
Reception by person or corporation of They were killed in the State o partridges, gro iise, wild turkeys, snipe, purpose of export. woodcock, or other game for shipment to points outside the State.
South Dakota. ........ Possession of game birds- by person or Law has been violated.
Possession of shotgun and dogs ordi- Law has been violated or an at narily used for hun ting gamnebirds, out- tempt made to violate it. side the immediai e bounds of any city, village, or tow n friomn Jul y 1 to Sept. 1. Finding of traps, snares, or other de- Law has been violated or anat vices used for trapping game birds, in tempt made to violate it. possession of or on premises of anyN person.
PRIMA YACIE "l1 FVINE(T.
1kk)ufi. .. .. .. .Ptoem"on if big gamew, or part, thereof Ill\% ha o toiri 14,1la14e-.
Ii et'~~ fi Isag limilt.
....... E wp,,iure, or otlff r fior ial I o f qu iiL. -hlpnient11 1 11 Ii ll kk Il.
h~e~bon of gime or h,1rd, inll t e tsio ul)
Vem n ..........o t of woose or cariboui ...... It 'ka kille-d ill Vermonw t and
Mulling of dogs oif kind commoinliy usedo -m-h \%gt-~rc permlitted tol run to huniitideer, itooe, wind caribou, wild at large hii Hte f mre l and4 of other kinids- knowm ii to) flow such huntl.
~arej at of 11unt1ing, pirsuinigor
deer. mooseom or catr hon.i
ticial light on1 wkaters oft the. S ltt orl dcik'. shores there-of ttjtudomi ii
DeliNvry to, or receptioni IPN ainy perso hy eekildan r piee or corporation of gameini krd, for ship- fr other puirpose-t thanlr conmient ouit of state. iinipiiii w~itil, h tate.
Po(siof gamie by co imonl catrrie.r I I ws take h.1i tht [ tite Ie1onl.n1los sea-n rr too lIN%
Po -sion oif gamet (or part,~ thero nPoesrJ gily
hPo sstlon of MonI gol ian or Enigl ish Taiking (or i s~i illegal. phlealsanits, except for proplagAtilti.
Possession (or sale of nongamec birdIs .. .. Defendantl j, guilty. Wahigtn .. .. .. ..Pos-sslon of game, except number oif The' we-re imlai~kfully takeni by ducks, geese, brant, and s-nipe pekr- posses)or mnit ted to be taken in KNovemiber.
Proof of posze-sionl of gameC inl close! sea- Taking hy\-s'~o was ill-gal. son or song birds at any timew.
West Virginia ....... Poss-ession of recently kil ledd ec-ror freshI Possesso(r killedt it.
deerskin, wild tuirkcy,quail, pheasaint, or rtfed grouse in close season.
Reception oif above game for shipment Sa me we(re kille-d for purpose of to pioinlt outside. the State. export.
Exposure for sale oIf gamet in (clo--e( seai- Same xws unlawkfully killed or Sonl. caught inl West Virginia.
Hindering or interfering with warden Personi lo do4ing haIS Violated the in their search of persons and places lw. for evidence of violation of law.
Wyoming---------. Possession of tusks, hides. scalps, o~r Wanton and mialicious wastc, aind
horns of game animals in excess of destructioni oft gamec hasoc number allowedA byla- curre-d contraryv to) law.
Pos session if carcass, -kini, scalp, ant- P ~srhai e~xceeded-( tlh ag lers, andI( tulsks of gamne alnials inl ux- liit. cessA of numbii~er allowedI tio bet killed.
The Colorado provision declaring that the paminphlet containlingo the
gme laws and regulations published by the State game and fish conimissoner *4 hall be primia facie evidence and shall be taken as such In all
routsof this, State of the existence of such laws:,. rules, and regulationss"
mgt be adopted to great advantage i n all those ( States issing10 pamuphltof the game laws, since it would dispense wvI th the necessit y of procring a copy of the states, which are not always, readily access-ible.
.3 In Kansas it is unnecessary in any prosecution for the violation of
te game laws "kto state in the com-plaint the true or ornithological
na e" of a bird or "to state in the complaint or to prove at the trial
thtthe catching or killing or having inl possession of any wild b ird
* ws niot for the sole purpose of using or preservNingr it a., a
spcmen for scientific purposes."
. In order to procure evidence of violation of grame law s the game11
poetors of Pennsylvania are authorized to purchase and selany
14 10 GAME COMMISSIONS AND WARDENS.
game, but af ter the purpose for which it was bought has been saife it must be forwarded to the nearest hospital for the use of the inmtes
Under the common law, and in conformity to constitutional prohibition in most if not all the States, no person can be compelled to tes-tify against his will in any criminal proceeding to any fact that may tend to convict him of a crime. There are many violations of the game laws that could not be punished unless testimony of participants in the viN to ol eadcd and the protection accorded such persons under this exemption would render the State powerless to procure the necessary evidence to convict were the law to go no further. But several States have incorporated in their game laws provisions extending exemption from punishment to any witness testifying to facts in any prosecution against another which might be used against him self in a prosecution for the ,same offense. The Minnesota and South Dakota laws contain examples of such provisions. Other States have taken a more advanced position and declared that under the game laws no person shall be excused f rom testifying in any prosecution on the ground that his testimony might tend to incriminate him or subject him to a criminal prosecution. But in every such case the statute provides that such testimony shall not be used against the witness. Such-is the language of the laws of Colorado, Maine, and
New Jer'sev. The Maine statute is as follows:
In any prosecution under this chapter, any participant in a Nilto throIwe
so requested by the county attorney, commiissionlers, or other officer instituting the
prosecution, may be compelled to testify as a itnsgisnyohrpro
charged with violating the same, but his evidence so given shall not be used against
himself in any prosecution for such violation. (Rev. Stats., 1903, ch. 32, sec. 59.)
It is doubtf ul whether any of these provisions is enf orceable, should
a witness see fit to claim his privilege, for the reason that it only restricts the State so far as using his testimony given at the trial is concerned, and does not protect him against subsequent prosecution for a violation of the game law, some intimation of which may be given by his examination. ITo be valid and enforceable such a provision must afford absolute immunity against future prosecution for the offense to which the testimony relates.a The iNew York game law
contains a provision measuring up to this test, which is as follows:
SEc. 193. **A person called for the people and so testifying shall not
thereafter be liable to indictment or conviction for the violation or violations of this act respecting which he has so testified, and may plead or prove the giving of such
testimony in bar of such an indictment or conviction.
A very wise precaution against the failure of a prosecution on
account of insufficiency of evidence to establish the charge of an offense as to an entire bird or animal is taken in several States by the express provision in the game law, for example, that of Colorado, that
a See Counselman v. Hitchcock, 142 U. S., 547; Brown, v. Walker, 161 U. S., 591.
ik lk 1) ro( ) f it o it I )a t, t it i i i i i i i I I I I I t :II-111licil. III I ( I clin I-(
as to the whole of it."' The contelition II:IS 'Ollict inlv hi-cil maill. Illat
i ( ) 11 s: I I it I I ( I 1* 4 1 i I )( I,
it Statute S1111I)l N. pn )hi hit intor t liv I m i. .S I .,s 1 14 111
of cel-tatill Specitied I ii 1.(1-s ( it. an inm Is. NN it lit mt 1111. lit il m 4 f t 114, 1 u 1.1 n thereof, could w it bt, i IIv(1k(.(l 11'raill-t R PC ill ( 11 111. 1 Ing- i Il Ilv;v 1'. lit I-w-,
allv (,()w titIIvIIt P"Ill ''t, ow lilnk.
To obviatt, stich co'lltentiml ".11141 ,(,I the IllattlIr .11 P100VIS1011 011* Olit, S11111 '1111. till-l-vto '11m ild he *11 ,I-IIed ill 4.vcl-v (rallil. IaN\ Fl N, FS.
,-;o 1111tell has allvadv ]W(Ill :*--(:1tVd ill to tLe
heads I I I (I P11 A Oct it )I I ft I I I( 't lit S4 'I )a I., It I d I'( I I I t I I A vi I I- v I It t If,
to be said heiv.
Olle Phase of tile sul iject 1ImvtV4Il-. lecl-ve" fillIfIl. :md extf-ll(led
pre,;elltatioll. A litillibei. ot I I ca-w', illvolvhl (,. the 4 1 Iaw- llav(I gl)lw
to the e0til-ts Of hust I-esol't upoll the (---rmllld that tilt, fille aut to
be intlicted was excessive 'all(l that the Statute wa-. t1lel-kIfol.e. ill CMItravention of that clatise Of the State const It lit ii ill pn)Ijlhit the illiPosition of excessive fine'. The coul-t!- NvItIlmit cxception In the'e
ea ,.;es have sti-4ained the law and have livId the follmvill ll()t to
be excessive: Oil(, dollai- foi- each lobstel. ill Mniliv ("State P. Cnaior, 1") AtI., 129): S-5 foi- oiaeh lob-4ei- ill Alaine (State o-. Lithee. 4.-) XtI.. .-)2()):
S-5 for each prai6e chicken _Ncbi-a-ska Stitt oo-1
1035); foi- each duck ill Milillesota (State /,. Poole. 11 it W. (4 7)
$21) foi- each-I)ii-d ill Rho& I.,land (Ili i-e 'Stone. 41 Ad_ 21 R). I.,
14): S50 to '67.-) fol. a Nvil(l (luck, ill Wi- consln (%-,tate -. DeLano. 49 IV.. and foi- vach deei- ill AMIllnesota (,- tate
.N. IV., lo'J'S: 5s Milill.. :'W)). 011(, of the clean-- t allot 111()st atiA'actorv expo-sitiOll, Of thiS (11110-Stioll iS foUlld ill tIl(' C,1.-(' Of :I tcl.t(' man (Minn., IS!- 14), lit this caSe. which tll('
unlawful possession Of I-)S (leer, tile illaxillimil pllni ,Illlwllt hY
the statUte WaS 'I fille Of Ol' illitWisomilent ill the pill fol.
about sixteen years. Ili the Of lt,. (teclioll. the (.()tll.t ,aid:
While the fine arv certainly yet %\- I can ii(it that arr
excessive, in -a emistitutiimai i,- I]Y v( :-tc t ill 111o,
legislature tt-i imp)sc penalty( s -utficit'lit to prevent the 4-imilli'l!-'11,11 ''I 111 all't it woult"I have to) be an extrenic case to warrant Ilw cwtrt.- iii thtt the con--Zlituti(mial limit had been transccnih-d.
Ten years hatei- the same com-t (tile supi-eme com-t of MITIlle-(4.1) as alreadvexplained(see 1). G.Ji)-mItt4ailled the IoNvolcoul't Ill the illip)"ltion of a much lanver ill
wild ducks with intent to sell theni.
The following table shows 1) 1 v colilpari. oll the all)(milt (of tille lill(l
terni of inIPITS0111lient inipo-. ed IW st,ItUt(I ill 010 SON-f-l',i], Sklt(' fol' three el isses of offenses 1 11 zillhiu (leei- and qua't ill clo-e -ezt- oji, aml
for nonre sident.s hunting without license:
~ .~ .8. ..
f T. CC0 >
_I CM :Y 10 m0 o-- o=
-r . .: .~- .~a't .~* ~ a ~ 1 ~
!n -.5,. Z! 524,* ti 00A
*~~~ ~~ Z.a , a a, ,,
0o . . . .~ ., . .
:4 Ix ana
-4 CO 00 to tz :0 0o %0 0c -- 00C
. . 7
0~ ~ 0a.. a
. a . . . . .
.~~~ a a a . a'.. .
Z) a a
0 ~~~. . . .7.......... . ., .. .~ ..
.: .~ .. .~ a .a
ZNaa Z= C'II ,n Lf' C ~a CD C= C).~ C)aq- U-- LO c m
.- .. ... . ...
0 I ::::: . ... .. . . . .. . a a a
o aa~- ~>
p r~ bl
< ? 4~~- - d Q
UOMPARWQY OF FIYE$ AND IMPRISON MENT. 78
S A *%A
A A AAAAAA'*
A A A A AA~A A A A A A----~- A A
* * A A AAAAAA''
3 i A~A A~A
* A A A A
* A A A *
* A A A A AAA-
* A A A A AA'A'
*AAAA' A 4 AAAAAAAA A A~,AA~'A'
* A>. A~frA
A A A A ~
ss~ :0c000 ~OOO9~C
The only punishment authorized under many of the older utes was a fine, and if the defendant was impecunious he esca ishment altogether. A very considerable proportion of o against the game laws are of this class, and experience has stated that to secure obedience the alternative corrective ment, must be allowed; otherwise many violations go unpunis
In some localities it is very difficult to secure conviction undr t game laws where the punishment is limited to imprisonment al On the other hand such laws are often very lightly respected w offenders know that the only punishment is a fine. It would therefore, that the provision in the penal clause of the game aws o most of the States authorizing fine or imprisonment, or both, is the proper scheme of punishment.
Some statutes declare that in default of payment the defendn shall be imprisoned till the fine is paid or until he is otherwise legally discharged, which is equivalent to the requirement that he be held until he resorts to the remedy usually provided for insolvent convicts, that is, proof of his inability to pay the fine. Another method of enforcing the penal clause exists in a few States, exemplified by Colorado, where it is directed that no person upon whom a fine is imposed shall be discharged therefrom on account of his inability to pay the fine, but must be imprisoned one day for each five dollars there. It is interesting to note the discrepancy in value placed upon a day's restraint of liberty. At the other extreme from Colorado is Arkansas, where the defendant must be imprisoned one day for each 8event
five cents of the fine. Still another form obtains in some States where, as in Florida, the alternative of imprisonment if fines are not paid appears as a general statute applicable to all crimes.
It has been held by the courts that when a person is sentenced to pay a fine and, upon default, to be imprisoned till it is paid or defendant is discharged in pursuance of an enabling statute, such imprisonment, even if fully served, does not satisfy judgment for the fine, but such judgment remains in full force until collected. This is so by the game statute in New York. Such being the case it would seem that in order to bring the case to a finality and clear the records, the Colorado scheme is the best.
Among the cases resulting in imprisonment in 1906 may be mentioned the following: In Illinois two defendants, each of whom had killed a prairie chicken, were committed to jail for 10 days; for failure to pay fines one defendant was committed to jail for killing a pheasant, three for hunting without a license, one for hunting before sunrise, and one for killing quail out of season. In Michigan two defendants received a sentence of 60 davs in jail and $100 fine each for attempting
staW. aml 21114itill.l. fol. 'llippill4r
to S11*p N --Ili.mml mit of tll I
-ket. N NvA% Jvi -y mie, (14-ft'llilant N -21 114.4 (1 fq w It, fla%
-,Ssil )11 (if a blue aN.. all(i :111(todirl. P I foil. 1 llilw- I m e
partridgrt lit Nt)rtli Cat a mic (14-fendaiit \k till
days for huntinte im kinds ill Davi(kml Cmlllh. it I]( lilt P, 1*111
In Om,(roii otie otrew1vt (d, I -,A (1:1\" t,()?* tl-:lppi
beitvt i awl t -o (iltlwr, wel,41 c(MlM it ted t1ii .1il ill (1ofallit ()f payllit-111
f( )r k i I I i 11 tr Ic( r I I t 1* st 1, ( I I ea 1( J14
of files )k V. Dept.
Atri-icultill.e. 190% pp.
A ill solliv states
11. p1losecution to (rive "ecurih, f(w cost ject of Ole 1.4'(11111'ellwilt
IS, Of Cour-se, the ()f colliers 14 till, cmlrt alraill -t
fee acquittal of tliv defelidallt. alld for tile a(lditional purP0,se, ill lilt111V (11ses. of forcstallilll: ill-a(IN-i"ed alld till fmill(le(l. prosecutions. To r(diove Nvar(h,"lls of t1le liecessity of witli till-,
req u i-ement it is clustomary to ill.Sert ill tit(' braillee act a prox-i imi mak-11 i -41'ated I)y t1le follmvi atilte froill
lilt), slich exemption. %Vlli( s ilIll: st,
A tile haws of 'Moiltalla:
The SUme ,ume and fi:-Ii warden, flic depm- _,,ame ali'l 11 -11 waniell-, all'I tit(. Sl.('cial deputy game an-1 IiSh wanIcil.-Z. nilty Illak(. ('41111plailit alid cause
be commenced a,_,aill t ally pcr- ()ji f(ij if any if dw law f(w tit(, jkn)tt (-tikj1
or propagation (_)f gaint, ()r fish, and in -n( a (, he shall ji ,t 1w ol, f i I
security for eust: i La f 190 1 11. B. 14 7,
Penw vlvania has a special statute imposillo. thc co- ts of pl-() ,('clllipon tile coulity. ill -111i'll artioll
tion undei the p a i i i e I a N\ s ill N\
is brought in "Ood faith bv aliv oflicer whww (111tv it is to pl*()t( ct
game aiid bir(Is. and t1w defeno-laia i-; acquitted or for ally 1(,Lral calle
fails to pa\ the cost- of 1911', p. 2
RENVAR.DS TO INF(MIMENks.
Under early (rame laws almost the oil]y f(a. ('11forcellwilt
was tile reward offerede d by the State ()f a part of die tine, c(minion1v known as a moictv, to the ilifornier. Tlle ,(, -tattlte- I'aretv
omitted this provision. but with tile a(k-elit ()f gaille war(lo,"w-4 tll(' practice has gnadually fallpil illto (Ii:- use. alld it tin, preselit day i retained in the game of comparatively few 'State.S." It wa--,
never a succes-s ill this comity. niot men prefel-ring. to ,oe tile lawviolated rather than appear al) PrOsOctltill(e t1wil.
fellow-citizens. A.,iole from sentillielit. sll(*Il a cmln (, wa ofti'll
hazardou-, to the property and even tho life of an iiiformer. 'Fliere i license fees and fines.
no reason why the provision should be hel nsc irptad since the purposes of game laws have be etrudrto n hi
necessity more forcibly demonstrated by the rapid depletino ae an inducement of this character should accomplish itsineddpr pose. Officers of the law usually are allowed regular fesfr hi work, and there can be no just complaint against compensaint private citizen wvho temporarily abandons his business and apasi court as a witness against the willful violator of a public saue
In this connection it should be noted that in some States acosiu tional provision requires all fines to be paid into the Stateorcut treasury to the credit of certain designated funds, usually tesho f und. Before incorporating in a game bill a provisiof or amn of part of fines to informers or to a special f und, it is essenilta the constitution of the State be consulted. It may be that adision, of fines is authorized by some special wording of thecosiu tion, as where it is directed that the 'net proceeds' of fines salb applied to certain purposes. This question has arisen in thecors and in Nevada (Ex parte Mcevahon, 26 Nev., 243; 66 Pac., 294)on provision of the game law was declared invalid because it allowed informer part of the tine when the constitution declares that 'all fines collected under the penal laws of the State ***shall be and the same are hereby solemnly pledged for educational purposes and shall not be transferred to anyv other fund for other uses."'a
On the other hand, thle game law of Wisconsin, one section of which directed that two-thirds of the fines collected should be paid to the informer, wvas sustained as valid against the contention that it was unconstitutional because the constitution of that State declared that the clear proceeds of all fines collected in the several counties for any breach of the penal laws ,shall be set apart as a separate fund to be called the 'school fund.' (State v. De Lano, 49 N. W., 808.) The court held that 'clear proceeds' meant the amount of such fines left after making authorized deductions.
Under the -Nebraska, game Law, in obedience to the constitutional provision, all fines collected for violation of the game law must be paid into the school f und, but the corporate authorities of any county, city, or village within whose jurisdiction such fines shall be recovered are required to pay to the complain ing witness out of the general f und an amount equivalent to one-half the fine actually recovered.
A novel contention relating to the subject of payment of rewards to informers was made in. the Illinois case of Meul v'. People (64 N. E., 1106), where the defendant insisted that the game law was invalid, because one section directed that half the fine be paid the informer., a See also State ex rel. Rodes r. Warner, 94 S. W.,7 9629, holding, that fines unde the game law of -Missouri must be paid into the county school fund.
EFFECT OF REPEAL. 77
ad that such direction vested in the informer a right of which he could t be deprived by the governor, who under the constitution, had the wer to grant reprieves, commu stations, and pardons after convicon for all o(fenses. The effect of such disposition of fines, it was tended, would be to take away from the governor this constitutional thority. This contention, however, was overruled by the ourt. SGeorgia it has been held that where by statute a part of the tfine or enalty is reserved to the informer, his right thereto becomes so far sted upon conviction and sentence that the governor an not. by
ardon, remit that part. (Parrott e. Wilson, 51 Ga., 2..-.)
As a substitute for the moiety system several States have authorized offer of specific rewards for evidence leading to conviction in cerin cases. In Kansas the act protecting antelope contains a -ection clarng that a person giving information leading to the conviction Anyone for a violation of the act shall be entitled to a reward of 5. Minnesota authorizes the commission to pay out of the funds itsdispo.sal a reward of $50 for information leading to conviction Respect to moose and caribou, $25 in case of deer, and $1 in case Birds. The law of Wyoming authorizes the State game warden Spay a reward of $300 for evidence to convict any person of hunting ig ga e for tusks, heads. horns, or antlers and allowing the carcass t go to waste.
REPORTS OF PROSECUTIONS.
In order that game officials nmay know the progress of protection d the work of deputy wardens, it is expressly provided in some ates -for example, Alabama, Colorado, and Maine-that every agistrate or court before whom a prosecution under the game laws as been conducted or an appeal has been taken shall, within a certain me after disposition of the case, report the particulars to the State ame officials. Usually this report must contain a statement of the fense and the result of the trial, show whether or not the tine was aid, and if so, what disposition was made of it, and if-not, what puihment was inflicted upon the defendant.
EFFECT OF REPEALS.
A bill for the protection of game intended to repeal all former ame laws should always contain a saving clause at the end. Otherise it might be contended by some defendant who had violated the old w that a prosecution could not be maintained because the new law ad repealed the old and thereby released him from such penalties as tached to the offense under the old law. Such a provision in the Clorado game law reads as follows: All acts and parts of acts in conflict with this act are hereby repealed, but such peal shall not affect or abate any prosecution now pending or hereafter brought r any offense committed prior to the taking effect of this act, but the same may 1he meted and punished as in said acts provided. (Div. M, sec. 9.)
Gam-re laws are us.-ually enforced by criminal prosecunsith name of the State or the people thereof, but a few States have that punishment for violation of such laws, or certain pro be inflicted by civil actions for recovery of penalties. These are similar to suits between private persons for recovery of and all the rules of law applicable to civil procedure apply In Illinois the fines for hunting without license and exceeding limit may be collected by action of debt in the name of the the State. In New Jersey civil actions are sometimes reso in New York the usual, if not the exclusive, method of p a civil action instead of a criminal prosecution. Montana allows civil action for recovery of all fines and penalties, and Wisconsin certain penalties. In Colorado the commissioner may bring a ci action for possession of game taken, killed, or held in violation of law, or for the value thereof.
Since the celebrated decision in the case of Geer v. Connecticut (161 U. S., 519), in 1896, determining the status of game and other animals and birds, many States have incorporated in their laws a declaration that all wild animals and birds within the State are the p erty of the State. In some instances the assertion has gone further, declaring that no property, right, title, or interest can be acquired or maintained in any game except as permitted by the game law.
The action of replevin lies for the recovery of personal property, goods, wares, merchandise, etc., wrongfully seized or detained and is the remedy pursued by the owner to recover possession thereof.a A logical conclusion from the foregoing definition renders the action of replevin maintainable at the suit of the State for the recovery of game taken, killed, or held in possession in contravention of its statutes. An expression by the supreme court of Minnesota in the decision in the case of Thomas v. Northern Pacific Express Co. (7N. W., 1120), sustains this conclusion. It is there said: Wild game belongs to the State in its sovereign capacity. -No person can acquire any property in it except by catching or killing it at a time and in a manner authorized by law. If a person catches or kills it at a time or in a manner prohibited by statute, it still rema ins the property of the State, which may reclaim it.
Two States-Colorado and Nebraska-have incorporated in their game laws provisions for this remedy, which are given in full in Part III.
a For notes on replevin suits see 'Free Shipment of Deer in Minnesota' in Forest and Stream, LIV, p. 68, Jan. 27, 1900; 'The Law Supreme' [in llh:nois] in Am. Field, LXI, p. 2, Jan. 2, 1904; Ibid, p. 269, Mar. 19, 1904.
illris(lictiolls t1le plailitill, 111a.% cimpli. %60) fltr actl(m 00,
ropIc.-VIWAM tilto-1-1111tive (It'111:11111 for (la 11111 trt 11.1, :kIld it' Im l be restored t1le 4 tilt, (rallic Is PI'Mk i
III the O dm-ad() Ilkw ti\(- t Ile m illiIIIIIIII allic 4 4,;Ich )f 1111-91111le ItIld Of bil-d", alld pel-Illits tit(,
or imy m-tir(hti I() hi-hig- a civil :wtion fm- (4 111(, :tillc 44 ally
gaint, killed. \%-mmdvtl. m- held ill jws ,cssioll ill violalimi (d, 1,114.
Nehritska la\v Iuill -it similar. pl-m-isiml, hill (I(w,-, Imt fix Ille v.ilill, ()f 111A. P ILIM.". 'H ICSe States fill-ther ( I i rect t I I'l t t I le \v I' it () f ]*(,I )1(,\, ill slIA I i,- Slic, \Vit hm it I w m l ill]( I t I)at t Ile I w l)(lellc\- ( ) f a c ill Ill I I la I I ) 1,().-w c I 1114 )11 foil tile S41111c, (4 clisc Im t :111,(Ict M v tite civil ,llit. It()]. ,lvtll Ill(. aCtioll Of r0ph,611 liffect tilt, ri(VIlt (4 scizill,10 1111(tel, (411411, -wctiolll- ()t* the .1tets.
Action ()f reploi-iii lias frequelltl y beell iv.sm-tcd ti) 1)y
against trallic laws to reem-el. propel't N- scizcd hY gaillc ()flicial.l'. I n 1904 this actioll Nva-, Institute(l ill Nchraska for 1-(,covel-y ()f tIll-cc Sll()tgutis from it depitty (raiiie -%vardcii. wlio had seized t1lem NVIlile tit(, plaintiff 1111(1 t\\-o otlier., IVere ille()-ally 111111tillo- prail-if, c1lickelis. that thile the -Nebra.-J a grille law aut lionized seizure ()f tit(, gulls ()f those found viol.ttilig. the law, but colltailled ]m pi-m-isioll for a trial of tile question ()f forfeiture. The district cmirt ()f Bomw Cotmt.v
where. the tiction was bromrlit. found for the plaii-itiff awl restitution of the (rtm- holditig. that tit(, sectioll aut liorizilig. tit(, scizul-e P In Zand coi-ifiscatimi withoutt (a trial w-tus tillc() I Ist it tit Wl Ial. 'I'lle vardell
-appealed to the supreme cotift of tit(- State. wh re t to,
of the disti-ict court was atfirmed. (McComiell r. McKillip. 91"
N. W., 5( 6.)
In the same year all action of reple\-ill va" illstitilted ill colortido foil the recovery of .301) deer hi(les, oi. for for theil. (letelltioll.
froin a deputy trIllille, NVIII'dell. who had ,.;eiz(,(l tll(,Ill ()It the (Y-1-01111(l tlmt they were held ill poss(,.- siml ill violation of .1 provisiotl of tile Z71 law re(plirilly tll-,tt -,IIIN- pqsoii N%-bo desired to keep such hides imi -t have all officer's invoice. The case NN'tis tried ill tit(, di-41-ict court of Meszi. County and re-jailted ill it verdict ag-ainst the NVarden for from which it(-, appealed to tht, court of lippeals. whel-e tit(, judg-111cilt ()f the district court NVas reversed. (Hornbeke t-. Wliite, 76) Pa(---..
Ili 1896 aii action of replevin was instituted ill Wiscon-sin fm. tho recovery of 12 g-ill iict-sl of tile value of IvIlich had heell seize(l by
the (rame wardeiis oil the ground that fliev Nvere et ill Lake W1111)(1bacTo for the purpose of fis'llill(r *111 N-iolation uf tit(, (rame A ti-tal
by jury resulted in a verdict for the Nv-irdens. The case Nvas appeale(l
to the supreme court. which affimi-led tlie jtid(1-,-ni(,IIt of the lower coul't.
Bittenhaus 'r. Johnston et all. (16 -N. W..
aSee also I)eOple I.. ji linson, s Pac., IS4.
80 GAME COMMISSIONS AND WARDENS.
The questionn has arisen repeatedly, and doubtless will recur frequently, as to whether an anticipated or persistent violation of the game law can be prevented by a proceeding in equity. It is a genera. rude of law that injunction will not lie to restrain the violation or intended violation of a penal statute.
The rule is well settled that, where there is no threatened injury to personal or property rights, equity will not lend its aid by injunction to restrain the violation of public or penial statutes or the commission of penal acts. (State ex rel. Reynolds v. Capital City 1). C., 56 -N. E. (Ohio), 651.)
The only remedy or redress, therefore, of the State is a criminal Prosecution, or, as heretofore stated, a civil action for the recovery of the prescribed penalty in those States where such procedure is permitted, after consummation of the offense. But in a few States an attempt to violate the game law is an offense, and under such a statute timely prosecution might prevent the consummation of the unlawful act.
It is doubtful whether a State has the power to provide for recourse to injunction in order to restrain an anticipated or continued violation of the game law, and, it seems, no State has attempted it. This remedy has, however, been frequently and successfully invoked to restrain persistent and repeated trespasses upon private property for the purpose of hunting, and thereby, indirectly, certain features of the game laws have been enforced.a The case of Kellogg ?,. King in California (46. Pac., 166), is a good illustration of the application of this principle. Kellogg, as trustee of the Gordelia Shooting Club whose preserve was situated in Solano County, Calif., applied to the superior court of that county for an injunction to restrain King and about forty others from. trespassing upon the club's preserve, shooting ducks and other game. thereon, and otherwise committing frequent depredations. The def endants resisted the suit on several grounds, among which it is only necessary to refer to the one denying complainant's right to resort to the remedy-of injunction. The superior court dismissed the complainant's bill and rendered judgment for the defendants, from which the complainant appealed to the supreme court of the State, where the judgment was reversed and a new trial ordered, thus sustaining
a See article entitled 'Jailed for ignoring an Injunction,' in Am. Field, LXI, pp. .319-320, Apr. 2, 1904. Two market hunters were enjoified by the U. S. Circuit Court from shooting on the property of the Big Lake Shooting Club, in Mississippi County, Arkansas, and when they continued to trespass they were sentenced to 30 days each. in the county jail for contempt of court.
1 N J UNCTIO0N. $
toright of the club to an injunction to prevent defeudlant. tesasin
upnits prese rve.a It was d4cidled thant.
Injunction will lie too p~rvent trvsp.at,-in- on 11 gtuiw lprtsri-\ e % hert'v niot oidyv i gaekilledl, but gnme is friglitvilt"d awayt\ and~q Itterd fromI retrnig, he emdy
alaw being InadeqUatte.
Tie preventionofd a ti plicity of 'Isits g rond fo14ri'- Ilj I ~I 4 1as j' I)]at
trepa.;esby at large nmn her of persons.
Another question cotinected with thlis subject ha:is arisenI as to) whetherl tenelforeent of anl unlconstituitionml gamne act can he en1joineid bY thsprocess. This question arose ill Michig-an ill the case of 0}bhorn e. I ChaIevoix Circuit .1Judgre (72 N. W., !OS2). Th'le compllainiant, O'Neil, tie a bill inl the circulit court pr-aying~ for. all injunction to restraint StOsor, tae am wrdnfrom enlforcing~ the provisions
thA~sh Law, which restrictedi the practice of fishingr with1 certain
et,"'and authorized the seizur-e of such apjparatus whenl so ulsed,. It Wa Lleged in the bill that the law was unlconstitutionlal. The Circuit judge granted the prayer- of the bill andI injunction issued. T hereupn Osborn applied to the supremile Court of thle S'-tate for a. wr-1it of imandamus to compel the circuit judge to dissolve the injunction. In
grating the writ the court saidl:
If tile law were unconstitutional, it Wo(l I)( available byv wayv of defense to the cninnalcharge, and therefore no occasion for chancery to tae jurisdliction1 for the want of an adequate remnedy at law\. it has never been foundl nece gary o)r expedient
thtthe validity andI construction of criminal laws shoIuld be determinedly in. (hancery
frthe guidance of courts of criminal jurisdiction.
OSee also the South Carolina ca-se of Chis4hoi r. (iaines (67 Fedl., 2,S5), andt the Arknascase of the Big, Lake Shoo)(ting, Chlb Hlarris on -. Fite (148 FedI., 78S1).
Copare the decision in Rockefeller r. Lamora (New York), given inl fll] in Foret adStream, LXI, p. 28, July 11, 1903, with thle -s-tatemnent of the case gr\(ile ill the
MieSportsmnan, vol. 14,p 202, June, 1.907.
The game laws contain many provisions that can not be conveniently grouped under the subjects heretofore presented, and hence are collected under the head of miscellaneous provisions. Some of these are highly interesting and very essential to proper administration.
PUBLICATION OF LAWS AND REPORTS.
Prompt publication of the frequent amendments to game laws in sufficiently large editions to meet all reasonable requirements is essential, and failure in this particular interferes seriously with enforcement. The volumes of session laws are inaccessible to a large part of the people, who must therefore rely upon some secondary but authoritative publication for a knowledge of such changes as have been made. Every State and Territory except Arizona, Georgia, Hawaii, Kentucky, Louisiana, Mississippi, NLevada, Oklahoina, and Rhode Island, publishes the full text of its game laws in pamphlet form for general distribution, and Arizona and Rhode Island issue abstracts. These pamphlets are usually published by the game department, but in a few instances they are issued by the secretary Of state, and in Florida by one of the county wardens-the game warden of Lake County. In some States, such as Pennsylvania and New Mexico, where there is a large foreign element in the population, summaries of the laws are published in two or more languages. Three States Alabama, Colorado, and New Hampshire-direct their game departments to publish and distribute the game laws; others make an appropriation for the purpose; but the majority leave the matter entirely to the discretion of the game officials. The number of copies to b printed is sometimes fixed by 'statute, as in Idaho and Wyoming, where it is placed at 5,000, in New Hampshire at 10,000, and in New York at 25,000 copies. Specific appropriations for printing the laws are made in four States-Idaho, $50; Wyoming, $250; Colorado, $300 and Pennsylvania, $300. Few States, however, have thus far provided editions large enough to meet the demand, for each hunter should be supplied with at least one copy of the game laws every year. The distribution in States which issue resident licenses can be readily and economically effected by placing at the disposal of each officer wh issues licenses enough pamphlet copies to supply each licensee.
Nearly every State requires its game official or board to report o
the work periodically, il"tially 1( tile 4rovel-liol.. 1011t ill :1 fvw lW-t41ll4*(--%
tk) tile IPtriSlIttlilT, :111d ill M icilitrall 111141 Tovis 0) t1le .vc1,1*t:tlV 'it S I. t 14% Tliese r r' ?
reports ordinarily c()vvt- :t lolennial peril. ,4)l1w1llll11_ :M ItI11111*11 perio(l, but ill Alahainit (Ile is 1-4-(Illircd to) ropwf (0111y
quad ren it itt I ly, NvIii1t, ill M mitalla 1w 11111st '1111111it t Ivp wt "cliliallnuullv. It i, till .111d 14"ri'l'ativi.
bi-anches ()f tile irm-ei-nnivilt, and 1114)n, ('sPeciallY 11w plildiv.
..are illf(w illed 11,4 to w ilat till, (raille dcl)"ll-tillellt'S :11-e acc(olll Ill 1-111 flir.
rq)()i-t---; Nvcrv briet*. cmilaillilig. little 1114wo tilall :1 fill.illMI state Ille lit. btit ()f 1:10% (rivatIV
and statistics of hintim, -ewes. I)i -e(
ir .111ded. iellel-:11 ;il.ticlc w l (raille ioll all(l
ornitholov\ Iw re-mrnized ailt 11orities -lild illiv--ti-ated hv c(d(wed pl;ltos
-o)lttnw are vak
are soinetinies -luded, s() tli-it I Ill, N lable 'alike to t1w
specialist and flie gener.,il "I'lle relmi-ts ()f 111diall.a.
titisev()hitioit. A fcattli-c
lw(rtin to receive and Ill.,tv he lilade 4 (,.].oat
which has late I Ittentioll
value hoth i-.-- fi-aiiiin(r le(risl:ttion and foi- futill'o Fefel-(_ llce Is a -4ateMent of t1le condition ()f the grille of Hie State ill 111(we ()I. le ,s detail.
-tto, I -tio. are rel)ositories- ()f intei, t r i (I
Reports containing, -h states es M( a I
valuable infoi ation. Annu,-il rel)ort.,-; are requii-ed ill Wi ,cmisin awl
n 0 -S but thev -Ire Tiot pliblislied lit Separate forill. altilmi(di 1-cport....on certain phases of Ni-arden work in 111inois al)pcar IT(I-1-11,111V ill 0110 of the leading sp0rt.-;iiicn*s joui-nals. Pr(wision 1)y sl)eclfic
privation is niade in se ,eral States for publication of g-aille NVCH-dell reporLs, and Colonttdo and Wyoniinv apl)ropi-iate __ 200 for Hie purI)().-(,: Vermont fixes the number'of col)iv.- at 2.000. and Indiana. hN peci-,il -,let ill 190 71 ordered 11-y)()o extra copie 4 of the last biennial report, of tile State game and fish coniiiiissionei.
CHARG'E TO THE JURY.
For a long time in the hi4ory of this C01.1110-V it b4a., been cul -tolllarv for the legislature to ill(- orporate fit certain criminal stattites a sectt(fli ,or clause directing the jttdg-es of courts having jurisdiction of the matter to give the Atittite ill special charov to tile (ri-alld '111-v (-)I. to call its attention to the law. The object is, of cour ,(% to iiisui*e
enforcement. Four State-s-Alabania Georgia. Alowana. and Tellnessee-have ii-icluded this pi-ovision ill their the lawrt1wre ()f
Ahe Tennessee section ill the nong-ame bird law of 1911,-) he liltp- a,- fo11()N%-,:
9. That the -rand juries of the circifit and criminal courts of t1w 'State !diall have inquisitorial autll()ritN- over all violations of any 14 t1w pr ,vlw-Dn-, this act, "11111 upon probable cause, Aiall make presentment WithOLIt prosk.cut( 11' .11141 that the jnd-e having criminal juris(Aiction in the N,arimis ei-ainties in Tenllk- -(,(, *-:11all _"ivc tlll Act 8peCially in charge, to the gran(I juries at every term ()f tile court.,- Act of ch. 118.)
84 GAME COMMISSIONS AND WARDENS.
SUSPENSIO OF PROSECUTIONS.
It has been maintained that the right to suspend or remit fines i inherent in the judiciary and the futin hsbequecomnly exercised. There is no question that there are circumstances under which such action is just, humane, and expedient, but this power, like all others, is liable to abuse and allows petty judicial officers to nullify the game laws. Colorado has guarded against this danger by the following provision:
No fine, penalty, or judgment assessedd or rendered under this act, or the act to which it is amnendatory, shall be suspended, reduced or remitted otherwise than as expressly provided by law. (Div. K, sec. 4.)
On the other hand the State warden of Tennessee is authorized by the game law to compromise or discontinue cases where the violations Iare technical, or where he believes the prosecution or fin' would be. oppressive. A clause in the Pennsylvania game law permits offenders to sign an acknowledgment of their offenses and pay the fine prescribed by law to any game war-den, whereupon they are entitled to a receipt f rom the warden which shall be in f ull settlement of the charge. This cour-se has the intended-effect of relievingy off enders f rom public prosecution and the embarrassment incident thereto. It is questionable, however, whether it ig not better that full publicity be given all, proceedings for the punishment of violators of the game laws, so that its deterrent influence may have full effect.
In order to prevent useless and frivolous prosecutions, Tennessee in 1907 inserted in the game law a proviso permitting the State warden, when informed of a violation, to visit the place and summon witnesses to testify under oath to any facts bearing upon it. By-the statute a penalty of $25 to $50 is imposed upon anyone so summoned who ref uses to attend or, testify. This is a new feature *in the administration of. the game lawIs of this country and, while it has not been in operation long enough to test its practical value, it doubtless has merit, especially when there is reason to believe violations are reported merely for private vengeance or for pecuniary gain.
SPECIAL OFFENSES IN CONNECTION WVITH HUNTIG LICENSES.
In Illinois the alteration of a hunting license in any material manner, or the loan or transfer of it to another, is declared to be forgery and punishable as such. In Michigan, Tennessee, and a few other State procuring a license by false swearing *is defined as perjury, andin some cases punished as such. In Maine and Vermont substantial fin are imposed upon anyone furnishing to anothe r, or permitting anothe to use his license, and upon the person receiving such license. Alterin or changing a license in any way is also made an offense.
The Penalties sometimes attached to the offense of hunting withon
licnseatre p robabl Iy inadleqteIit to) rtStnI i I (.1i IIIIIt Idl iie I esu ItrI di-ehunting for 1mercenary3H purp10..s. To) mee4t til cunItI11M lulseVeral4 Staeshave dlecla1redI that licenlsees who1( \ ioltev any pvioz of thet glaw s Shall forfeit their licenlses, anld thatdihe otiCer 1i-Iling them,11 or te State gazme wa~irdeni, mayv revo(ke su ch I1i, v no..I uponl ,a Ii f LCIto)ry pof of the unlawful conduIlct o)f thet holer. Minst 11:1- pre-cr-ibed teproc~edil inl such eases as follows: Sc. 36. Anly pvt-oiN w shll ioI Ilt aiiy f t i p i ifl P-4Q o f thi- chailpter [Ilt, Coplt guine law], and( who is aIt thek timeit of su1ch vilation0,1 ill th )w ,ss~ of a L fceseduly issued to) hin, shall. upoli( cnvictjoIn thereof.1, flr1fit c it 1 ps lt!h
Stteof Nfinnest.ta, atid such l!r.samll de'livrr t lte co4urt liefore 114 \%t as aredtny tsuch license, and the court fhl forw ar th I a~ Io li-lit-4. menliss.ioIll
W8 O 19, chi. 344.)
In Mlaine the commissioners, of inlanmd tishcries and amle 1may revoke tilicense of anyone who violates or coulite,nances(. the violaI"tionl of thegae law after dlue notice to the hldker and atfter- opportunity is ginl him to sh1owV caulsel aga103inst Suchrvoain
The laws of most of the S-ttes requir-e ailcne to l)(1(uce his lieneoin demand of a wardencl.,111nd illevra to anyl\ officer charged with the duty of enforcingr the gamlaw.~ Fa'ilutre ()I' refu'Lsal1 to do itt~ended with a substantial penalty, and in mo.].~a andt few other VSttesfilure to produce al license on (lemnid of a, wa-,rden re(vo)kes, it. Als-imhuLSetts andI Newv Hmipshire goI step further aind require the lcnsee to produce and show is, license to nyperso(,n as o)ftenI as uesedan onl failure to do) so hec forfeits i t. In West Vi-rinia
lieneemut produce andt show his license, whenl'eer required, tthe owner of the land uponl which he is hunting. Mlontana provides tt if any officer believ-es that a license is inl the hands, of at person Oter than the One to whom011 it wa s iSSUedl he4 ma 141requre such person tidenti fy himself, aind inl cause of refusatl lbe is bhlgit of a misdemean or.
In the last few yIears the practice of dlogging- deer. or houndling,' ait is commonly called, has been thle subject of rsicve legisla.'tion inmost of the Sttes, where bigr granw occurs.-. Much has beenl written moe sadfoundaainist tis method of huntingr. but anti exaunitio o te aws planl indlicattes a general tr-end towa-,rd the atlmlit ion ofthe practice, aind to-dayv there a1re few\\ Staltes where 111,1ma hunt bggame with dogs. The penalty isu-sually i11~ iIuoth ve
th o person usingr it; bu evera State hv not oly done1
u ae also auithorizedI the destruction of the dogs by wardes
Oin a few instances, by any\ person. Ths1u1echs1eras
egaed more attention in Ma-,ine" thani elsewhere. The attempt to
a For r~suni6 see F. P. Hardy, 'Six Years Undler 'Maine Gaie Laws-Vi I, on 'KilingDogs-;' and IX, The Jock Darliig Case, in 'Forest andI Stream,' Vol-. XXXVI, p.72, May 28, 1891; p. 477, July 2, 1,$91.
86 GAME COMMISSIONS AND WARDENS.
suppress the practice of hounding in that State led to several serious t agedies, the most noted of which occurred in the fall of 1886, when two oame wardens were shot and killed by a party of poachers who had a dog with them for the purpose of using it in hunting deer contrary to law. The wardens attempted to capture the dog and were killed while so doing. The principal actor in the affair escaped to California, where he was apprehended in March, 1887, and brought back to Maine, tried, convicted, and sentenced to imprisonment for
life." This sentence was afterwards commuted to twenty-five years and further reduced by good behavior to nineteen years, so that the
term expired in 1906.
Judging by legislative acts public sentiment has vacillated some
what on this point. For some years prior to 1904 Vermont authorized the destruction of dogs used for hunting big game, but in that ear repealed the provision, retaining, however, the prohibition of such hunting. So in New Hampshire, the destruction of dogs was authorized until 1905, but the legislature of that year repealed the provision.
Wisconsin declares a dog used for pursuing deer a public nuisance, and thereby tacitly licenses its destruction. Michigan deals with the practice with a strong hand by declaring that any dog found pursuing, killing, or following upon the track of deer is a public nuisance, authorizing any person to destroy it summarily, and exonerating him from civil or criminal liability for so doing. Maine and Minnesota allow destruction of dogs under such circumstances by any person; and the conservative State of Massachusetts authorizes any of her officers who are required to enforce the game laws and all who may serve criminal process to kill any dog found chasing or hunting deer, if such hunting is known to the owner, and further provides that if the same dog is twice found hunting deer that fact shall be sufficient evidence
of the owner's knowledge and consent.
Pennsylvania has gone into the subject with more detail than any
other State. It declares that any dog pursuing or following upon the track of a deer is a public nuisance, and may be killed by any person upon affidavit of one or more persons before an authorized officer that the dog is in the habit of running deer or has been known to do so within a year. The law further declares that any dog pursuing any game animal or bird during the close season off land controlled by its owner is a public nuisance, and may be killed by the owner or lessee of the land whereon it is found, or by any game officer who sees it upon the track of such game, unless the dog wears a collar giving the name and address of the owner. Collared dogs so found hunta For details of this tragedy see 'Forest and Stream,' Vol. XXVII, p. 308, Nov. 11,
1886; 'Maine Sportsman,' vol. 13, p. 158, April, 1906.
ing m a y I w k i I I e(I i I I t I i i I n it I i I i i, r st it t 4, (1 : i k i f I i I- I i if -4, 4 d Proclivities, 4fiV('Il tO 010 OW1101- bV tilt' hLIHIONNA14*11' OW 11% till, -'ern-farN of the trallic, P'(W', thl. Ilan ("I illiatoll
that 111h)tIt :,4141 dwrs had 1well killed (1111-im, tilt- 11, of t 11 v I I \v
FE N N FIT'."
The ust, of fern+- for huntintr ribl)lts 1- (d MICIC11t, lWilrill.
History records their 6w such pill-pl)'-w ill the ()f the 16miall
Empire. 'I'liev Nvcrv commmil used ill this cmultI.N. till within t1w
a.st few vears, but recent It i---dation in Several (d the State.-; 11,11S gmitly restricted their ('111 pl()yIIw1l1
In 6ie Eastern Statv'. particularlY, \01cl-e rahhit-, an, Iwt "IttlivientlY abundant to be a pest. they an, ()ft(ql (-oIj,_ i(j(,I-e(j iqjIllj,. jild
protected 1-itridIN-. of ferlvts ill 1111litill(r rallbjt-t has 1111pel-11('(1
the 111allitellance of tile supply of tjj( ,_q, -jllIIIl,Ils to S114-11 :I til-,it It bas become necessary to pr(.Alibit the practice" .
The usual prohibition Sillipl'.1- extelld-s to the Ilse of the ferret for this s1weial purpose. but Illinois and _Ma- sac lit iset ts prohibit, its ti.se for hunting any (rilIlle.
i-_ I -- flu-thel. Illakes pos- Ossioll of, a
ferret in anY place where game illay 1w found prillia facle evidence of ibz illemll tj hat fe
zn t Se. and declares t 1.1-ets II Ned ill violation of law ,halt
It is axiomatic, that the statutes of' a State have no force outside its
boundaries, and it is unusual that a State should declare the statue of another State of force and effect within its domains. Such is the
effcthowever, of certain features of the laws of Michigan, Minnesota, Nebraska, Oklahoma, and Wisconsin. Minnesota provides that it shall be unlawful for any person to have in his possession or under J control any game or birds. or parts thereof wiceh have been unlawf ully taken or killed in another State or unlawf ully shipped f rom such State. Wisconsin prohi bits the shipment into or through the State of any game the shipment or transportation of which is prohibited by the laws of any other State, and makes it the duty of the officers of Wisconsin to seize such game. The Michigan statute is somewhat
broader and is as follows:
No person shall at any time have in possession or under control any bird, game, or
fish~ caught, taken, or killed outside of this State, which was caught, taken, or killed at a time, in a manner or for a purpose forbidden by the laws of the State, Territory, or country where the same was caught, taken, or killed, or which was shipped out of
said State, Territory, or country in violation of the laws thereof.
The statute of Oklahoma is much to the same effect, and Nebraska
declares it unlawful for any person or corporation to bring into the State any game from any other State during the season when such State prohibits the- export thereof. It would seem that similar action
by all the States would be- productive of much good,
Close seasons will usually, if not invariably, be found to cover the
period of reproduction of game and a sufficient time for the young to mature. These, indeed, are the chief purposes of such seasons, and upon their strict observance largely depends the maintenance of the game supply. Realization of this fact has led the game departments of several States to make unusual effort to 'prevent the killing of game in close season. The close season is generally respected until near its end, but a certain class of hunters, appropriately termed sooners, often begin shooting a few days in advance of the legal opening of the hunting season. The temptation to be first in the field and to get the pick of the game is so strong that it is often necessary to enlist an extra force of deputy wardens to deal with this class. In
111"NTING ACCIDENTS. 'St#
States atithorizing the 11I)I)oilltmelit I)f several dvjmti(- ill vitch (-millty this pm etice is 4,,,-tsilN- eonti-olled, but NvIlel-e 1140 stich alillw l'ih, i- 4-4)11 e ri-ed it is m ore dillicult to m vt t ( spj-(-ijjljN ()J* Jill, illiq-1114)II,
eXPIU1110 i0h-S ("i VVII I )N' So R Me 1.", to ) av(-4 m lit fm- t livi r plVS4,11('44 ill t Ill.
field. If otlwr trame, s Ai a- s 111:1\- 1)4. lawful1v
shot lit file tinle, dw claim i. Illade tli:tt slich trallie i 01,61. :,()1(. ()hjecl'
and f i-equently titey sho()t in advalice (4 Oil, 1111der till,
tratillillir doirs. Some States Ilave provellte(I t1le ll.'e of t1w jir:'t plo"I
makitior tile (q)vititill- of tile seasmls'as livark' uniform aS lwssihle." m., a,; in Ndiana, by establisliing a cl( Sv- st"ason t1l)(m les-, importallt g-allie for a brief period pi-iot- to die opellifur of tile sea.-;ml for t 114' 1114 we 1111pol-talit
ame. And in recetit. N'vars Hie letrislai ures of severall of., tile
haN-e provided remedies foi- the subterflitre of traillillo. dwrs' all(I "11togethei debari-ed the defeii-se. 'Michio-all permits tllf' traillill". ()f do(r'-, fifteen d on1v before tile ()I)(,Il seasoll for rlltre(l o-roll"o alld I)]-()hibits the possessimi of fireariw, while tile persoll Is so ello-a(red. Millnesota does 11(.A allow poiliters and "etter.-; to be 11'sed m- I-till ill i eI I I., 1. or upon lands in whicii (rame birds Illay be found dul-111(j. A Ito-tist, m. Lit 'e, 'mi for such birds. Pelill.,. \1\-allia 1wrany tinic except tile open s as
mits do,4,,rs to be traiiied hy flivir niastens upon any (raille except deer., from Allyllst I to jaillial-N- J., but pi-escribe's that no ilijury 'llall be inflicted upon stich. crame. South Dakota lias ()-oil(, cmisiderahly fill-ther and declares that anN per.-;oll t-ravelilig. ill ally maliller III 4111y part of tile State., out.,-;ide the, ilIlIllediate b0l.111dS Of tile ilillabited IL parts of any village, town, Or City, ill pos.SesLsioli of ally kind of shotgun and ammuiiition. with dogs ordinarily lised for 111111tillo. game birds, f rom 'NIN I to September 1, shall be presumed to have violated
the la\N-s respecting ganie birds.
The alai-mino- increase *n the number of fatal humitim accident.0 in
the past fe\v years, due almost enthely to careles-;lle-'s, 11"I's led to Inticii
-it, -dino- a(yaimst SLICII occurrences
discussion as to the hest nieans of ai
.5. in the f titure, and ha.s re-,tilted in the enactment, of diastic stat it i i
Maine, Michigan, and Minnesota. whei-e it is now a serious offense to shoot carelessly or negligently or to wound or kill a human heillo.).
while hunting go-ame. In Wth the former State,.4 tile ptini,- lament is P mprisotiment not exceeding tell years or a, fill(,. iia exceedillcr SS1.0001
and it is made the duty Of COLlllt\ attot -s atid sheiA's to investitrate
alleged -iolations of the acts and prosectite the offenders.
a Montana bas adopted a viiiiform opeii season for game of all kiii(IS.
b1l, 1906 the number of such accidents in the United St.tte,; exceeded 100. Su e
Year Book U. S. Department of Agriculture 1,906, pp. 536-537.