The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1874-03-19

right oi regulation Is supreme ludcr It
tllo state my lulerdir, 81 assing sud
hunting f5v series 81 years, mas pre-.
sgfjba lhc time, the season aud method, /,
aud may enforce these regulations hy
sueh penalties a. may serve 20 secure
obedience
The exclusive right lo ish or hunt uPon
one, oan enclosed lauds !. not prohibited
by the constitution, aui being thus not
prohibited Is secured 10 him by The Gem
mon law For a. before hintcd our state
has adopted as a part Of rs own laws the
common ,aw Of Eagaua iu al except as
specially provided for or except rs unfit.
cd to our political Organization, and this
common law recognizes and aiiirms by
uumberes. decisions the exclusive right
Of the hud owner 10 the fishing snd hunt
Iug In his own inclosed auds.
The Justiniau code, upon which the
commou law IS founded, does not vest
the ownership Of wild animals ia the
owner Of the land Il declares the COM
muuity tie ownership Ia such animals,
that they are public not private property
aud that pgoprietorship cannot be had Of
ANY wild animal unless by domesiicaton.
confinement, capture or mortal pursuit or
woundiug il is placed under the absolute
control OF the individual. Thus, Will"
the land owner has no property IN game
or fish in his enclosed lands he has vest
ed In him during the time the game IL
domiciled IN his enclosures, the sole right
10 capture, II the trout is in my brook
or the woodcock in my swamps and while
either Is So domicilcd have the sole right
to capture. II these animals leave my
premises aud 60 upon yours, you have
the sole right to capture. lfthey 40 up
on yours or my uuenelosed lands you or
or any body else has the same right
This Is like many other personal rights
In public property. The atmosphere is
inaiienably public property. Yet have
personal owner ship Of that modieum Of
it which is under my nose, al ownership
more sacred guarded than Is the money
in my pocket. have the exclusive right
TO that nodicuu of water in spring on
my land, which il sufficient for me, my
household aud my farm stock, aud you
cannot come unbidden on my promises
and carry away drop OF it, bat as soon
as the surplus passes the limits of my
land your right begins. Water like air
is public property. The right OF use is
all that an individual can appropriate.
The right to fish aud hunt on my own
lands involves more than the power to
protect my premises aud crops from
trespass. Ia fishing my brooks YOU
wrong Inc more than in trampling my
meadows. lou wrong me of the oppor-
tunity TO get my breakfast out OF my own
streams, You despoil me of that food
which, in lay poverty, may be one OF my
chances TO get sustenancc for my flmi-
ly. .....
IL is evident however, that although
this is in reality the law now in existence
in this state it can hardly be said TO be
the law iu force. All laws have in some
sense two functions-viz: to instruct and
to govern, and in cases where the former
function is not performed decaratory
statutes become necessary. This IL, as
we conceive, the condition of things in
regard to the constitutional provision we
have been talking about, and more; for it
has not only failed to teach the equity
which underies law, but has instilled in-
to the public mind something Of an ag-
rarianism which is subyersivc Of ali law.
Again, there unquestionably exists in
pubic opinion an inborn OF Inherited
dislike OF game laws-a dislike inherited
from mauy OF onr fathers aud grandfath-
ers who Ia England, Ireland aud Scot
laud have felt the full severity OF the
I English game law-. These laws are uu-
/ qaestiouably somewhat harsh Ia their
operation, eutailiug perhaps IN some in
stances great lArdships sud even cruelty .
/ In England a man who wants to shoot
game must first purchase II license from
( the government, and then he ninst secure
/ trUm some one who owns the shouting
the right to shoot within certain bOunda.
/ ries --lOr the sA0Otiug over certala areas
/ is a rigut distinct from the tarmcr- uses
OF the lands. You may hire the shooting
/ over hundred acres without hireing
any OlAer use of the land. You may hire
/ the shooting over certain waters without
hiring The fishing IN those waters. But
you can't shoot upon your own lands
even, without having FIRST procured a II.
cenre. 50 valuable j. this right 10 shoot
over certain preserves, that lhc rental OF
( The shooting produce, larger sum than
| the whole agricultural uses OF the land
anu these rights often bring more money
( that the saing when Killed, would return
+ If sold 10 the London market. The hard.
shin ul the law IL in the ineKOfablc prD.
sccutiou Of it--tbc pili!ess penalier fOt
It's iniraelloa-the transportation, Tor ek.
ample OF the piliul weight Who snares a
single rabbit. Then agsin tue renter Of
the laud ma} u0l interfere situ game, go
matter hgS mueu thai game d rr4. ut'
eruvs. Nar etu te interfere wi e los
. hunters ..Hs IIr tbttr tlBf-s- ustI uls
plouzhed tield- and .tlndinz erop.. ltu~
lhe reulef aup~- ibr euatingenrtrs auen
b. Jeut., bHt The evil Of lbr thtnl - In
the obduraie exercise IT The hunt .nen',
right. The fenier Of Iaud, whore ny iafd
r'aiu. lhc hunting may sse lDx run.
Ing aHsf with ia. ehiessu-t bu ie