The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1874-03-03
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ones own enclosed lands is not prohibited
by the constitution, and being thus not pro-
hibted is secured to him by the common
law. For as before limited our state has
adopted as part of its own laws the COM
mon law Of England in all except as spcci-
ally provided Tor or except as untitled to
our political organization, and this common
law recognizes and afiirms by numberless
decisions the exclusive right of the land
owner to the fishing and hunting in his
own closed lands
The Justenan code upon which the COM
mon law is founded, does not vest the own
crship e wild animals in the owner of the
land, 1t declares the community the own
crship in snch animals. that they are public
not private property, and that proprietorship
cannot be had of any wild animal unless by
domesticauon, confinement capture or NOR
tai pursuit or wounding it is placed under
the absolute control of the individual
Thus, while the land owner has no prop
crty in game or fish in his enclosed lands he
has vested in him duringthe thine the
game is domiicilel in his enclo-
sures the sole right to capture.
If the trout is in my brook or the
woOdcock in my swamps and while either is so
domclcd have the sole right TO capture.
If these animals leave my premises and 20
upon yours, you have the sole right to cap
turc. If they go upon yours or my uncn-
closed lands you, or |. or anybody else has
the same right.
This is like many other personal rights
in public property. The atmosphere is in
aienably public property. Yet have Il
personal ownership of that molicum of it
which is under my nose, an ownership more
sacrcdly gua,ded than is the money in my
pocGet. | have the exclusive right to that
modicum Of water in spring on my land,
which is sufficient for me, nv household
and my farm stock, and you cannot come
unbidden on my premises and carry away
a drop of it, hut as soon as the Surplus
passes the limits of my land your right be-
gins. Water like air is public property.
The right of use is all that an individual
can appropriate.
The right to fish and hunt on my own
lands involves more than the power to pro-
tect any premises and crops from trespass.
In fishing my books my brooks you wrong
me in more than in trampling my meadows.
You wrong me OF the opportunity to get
my breakfast out Of my own streams. You
despoil me of that food which, in my pow
tenance for my family.
1t 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 in force. All laws have in some sense
two functons-viz to instruct, and to gov
ern, and in cases where the former funetion
is not performed declaratory statutes be-
come necessary This is as we conceive,
the condition Of things in regard to the
constitutional provision we have been talk
ing about and more; tor it has not only
failed to teach the equity which underies
the law but has instiled into the public
mind something Of an agrariansm which is
subvorsiye of all law
Again, there unquestionably exists in
public opinion an Unborn or inherited dis
| like o: game laws--a dislike inherited from
many of our fathers ana grandfathers who
| in England Ireland and Scotland have felt
the full severity of the English game laws.
! These laws are unquostionably somewhat
in some instances eEatn nlfi niyal!!lilng perhaps
cruelty. In England man who wants to
shoot game must first purchase a license
from the government, and then he must
/ secure from some one who owns the shooting
the right 10 shoot within certain bounda-
ries-for the shooting over certain areas IL
a right distinct from the farmers uses of
the lands You may hire the shooting over
an hundreiacres without hireing any other
use OF the land. You may hire the shoot
over certain waters without hiring the
ilshinS III those waters but you can
shoQt upon your own lahu'' even, "I'noul
having HIST procu!tu license ." Na!1l''
BILE is this right 20 shoot over certain pre-
serves, that the rental OF the shooting pro-
duces IL larger sum than the whole agricul-
tural uses of the land and these rights often
bring more money than tne game, Wheh
Killed, would return II sold IN the LONDON
market Inc hardship OF tlie law Is ID the
lneNoraoIe prosecution OF t,-lhe pllIess
pehaiie' ior IT'S 'hlIaG'IoA- Inc tiahspoit"-
ton, Tor example OF the pit!lul wight VINO
shares Il s'hsle taonI' men asalh tl .t
renter OF !aAu may not interfere with
game, no matter now much lha' game de-
stroys his crops nor can ne interfere WIN
FOX hunters VINO rae 'hg.r horses over MS
piousheu Aelas ana stan1l'l3 crops rue
the renter Knows 'he coh'lhgehc'es Wneh
ne rents put Uie cNll Oh TIC uhIi's
Is III 'he ooHuI"' t exercise "i lhe
huntsmens right The renter OF land
where my fora realms the hunting
may see fox running away with hls
chickens but he must not hart the fox.
Inc IONS me however ne may despoii tht
poultry yard, IS sacred unless hunted by
the masters hounds. Ii thus comes TO pass
, that,in country whose whole lands are m
sufficient for the food of its people, has Il
large portion seqneslercd 10 game, and thus
in effect, hy diminishing the quantity Ell
t food produced, aagments the price OF food
p and this in the presence Of thousands oi
poor people, m,ocrably and scantily fed
In the face of all Til, humanity regards
land, with some limitations, like air anc
water, the common heritage of men, anC
questions the right of privileged classes Il
divert that common heritage from its natu
raj uses. which concern the very lives o
r the population, into the miniSlulion O
f mere pastime and sport
No such evils can obtain from game law
U in this country. i'he policy of our law
favors, nay compels the subdivision o
: land and of all wealth Cr~sus dies herr