Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1875-10-29
From Turf Field and Farm
Game LAWS.
LETTER OF DR.. GOLDSMITH.

LETTER OF DR.. GOLDSMITH.
RUTLAND, Sept. %, 1875.
The basis OF elementary principles upor
which the game laws of Europe are founded
is that which asserts the right Of every mar
to the complete enjoyment of his ownership
Of land, embracing as it docs, the exclusive
use and benefits Of the soil. that which i
beneath and that which is above the soil
us3ue ad cGlum. This includes the use OF
the water which flows over the hand and The
air which moves over it.
The right of the use OF the soil Is ALSO
Lutte. The right of the use Of the air aud
water is qualified. He has another use OF
his land in this, that he is entitled 10 the
wind-falls or waits which may tail or ,at
upon it.
The right OF the owner to the exclusive
use OF his land, uS9ne al cHiuH. grows cut
Of the common law. |; is rgh. recJg-
hized from the remotest antiquity Ii Is =
right always exercised.
Though founded on the mos. liberal uAx.ins,
the common law was content to repOse mainly un
theory 1t gave the owner the exclusive or his
land, but it left him without the means OF efisctu-
| ally securing that use" C'PatteTsOas Game
| Laws OF the United Kingdom, l>6i'J
| In this country, whore the English cOmIon law
appnc9bie In the premises - IN iOrcs, tbs ian'l
| owner. except in isolated localities Is protected
only in relation to respass upon the land aud the
remedy is only technical or, at most; inconyenieat
| and Intellectual. The landlord may order tree
passsr off his premises, may use such force as IS
necessary to enforce his order If he master it,,
and may recover at law the damage done IL proper
ty in the tcspass. There is no trespass in killing
| game, for the: IS no property IN S2m'. and the
| only wrong the oiieudor does is in coming wrJus
fully upon anothers lana in hunting for the game.
The legal pursuit OF the wrongdoer is.f not laugh
ed out of court attended with such contemplate
fine as TO excite derision ana provoke repetition
of the wrong. Hence the legislature necessarily
stepped in from time to time and built up tho fr
midable pile OF enactments, now denominated the
| gams laws. all OF which supposed to point to
the great end, that OF giving an owner the exclu
sive enjoymen; OF his own food o. ground '-(ibil)
Since there IS no property in game, it will
be seen that it is the franchise attached to
land-thc right of shooting over it, or of
fishing in waters where there is title to
the underlying soil, which is, in this country,
in practical effect, wholly unprotected and
it is to give this protection that statutory
provisions are to be invoked. Wild ami
mails are at best windlall or perqGisite Of
land. 81 They are here to-day, and to-mor-
row are elsewhere. They do not come with
in the category Of property, simply because
nature has endowed them with an essential
ly yagrant. shy and impersonal character.
Property is what can be kept under control
and identified, and both thesc characters
ties are here conspicuous for their absence.
Hence. it was not to be wondered at that
the common law treated game like other
wild animals, which have not been tanned or
reduced into possession as wanting the char
acteristics Of property /, cannot bG
stolen, for nobody OWES il it can only be
* taken, and is properly punishable only
when the taking Is done through the instra
mentality Of trespass. The right, or
qualified property at most which the land
owner Possesses in game i that consisting oi
the exclusive opportunity to kill or capture
it while upon his premises-a right which
ceases when the game leaves his premises.
In other words, while Z w3odc0ck or a rab-
bit is on nv premises no one but myself ha-
a right to kill it while il so remains bat d
soon as it passes from my land 10 yours, /
your right is as exclusive a. was mine in the 1
first case. The shooting right OF the land /
lord rests, therefore, not upon the ownership |
of the game, bat upon the owner /
ship Of land. And when the hunter tres
passes upon NY land he not only trespaSse-
upon my property, but he also lnyades he
interrupts, he destroys that use OF the land .
which consists in the opportunity which my
ownership give, ne to kill the game nay
self
If the trespasser kills the game uIoa N.Y.
land can pursue him for trespass. bat not
for all the damage his trespass does me.
If lie kills the quail in my whestf>,dS | can
get pay !Or the damage lac has done lie IN
walking over my stubble. anI il be kii..
every bird On my farm can gel No mJrc,
by the common Law, the only Law there ia
the absence Of specific statutes. Iae cou-
mon law creates franchise, ~ ,,ne cases
more valuable than the land itself, but il
gives Inc no adequate means Tor protecting
hat franchise. Ii kill the quail AMI tie
respasser steals them from my arier or
Jane bag, then, in law, he Is thief, Lu, if
lie r0b> me Of my sport ana Ly killing 81
here are of them wontei 10 ms farm, then
have no redress. or if find HIM at il, all
eau do Is to order lin off, aad perhaps get
bloody nose as my oa.y relrc-- tar my
rieyance
Game laws are intended u provide Melus
v which, if | choose 50 - Do. can keep
eople from trespassins upon my land for !
he purpose Of killing tie game upou il. II
choose TO allow the game covert ami feed, /.
| choose to feed it during the deep SHOWS .
winter, if choose 10 protect it from any 4
ials of prev, if | choose 10 leave the alderS @
D grow that the woodcock can find c5nye- t
lent feeding ground, or the berries 70 ripcn
} that the partridges can fni food. or nut b
caring trees to stand for the squirrels u {
inter safely on, game laws merely put it ia Il
y power, not 10 own the game, but 10 keep
eople OF my land who are seeking TO de :
roy the game to keep off a. well the =
andering army of pot hunters. who bring
bay by gun and trap and snare not only =
.me, but little birds as well! and invade ( :,
lie privacy of ms door yard and garden to M
} it in to keep of that pestilent brood
no make ones grounds public resort on =
lndays, and who not only kill the song 81
rds which ohirrup and twitter about ones "
lndows and make home blithes1me in All %
cir yernal time. but who bag as well my
cks, if they stray along the brookside, or /
e poultry which Turks in the shadow of
e alders. Many times it l. not 50 much
e killing Of the game as the invasion If
e privacy Of my grOunds-the peppcring =,
my colts and cattle, the banging OF guns n,
d the other annoyances following upon VI
E interruption Of boys and yagabonds wan W,
ring through my premises, who make 4 ~
n and cur the pretext-the cover to pill he
ing. Genuine sportsmen are not open to | ,
,se latter objections, for they have some wi
ltle blood in them, and work no wanton IL.
lsance but, to take the bull by the bi'
ms, how many of those in the guise and ,so
b OF sportsmen are real sportsmen? Ho
hope to show, in future number, that
; the real and manifest interest of sports
n, rich as well as poor-but chiefly Of the
ito have game laws, if to them the
Monty Of time and money is worth con-
arinc Very trulv votrr=