The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1875-10-12
from Turf, Field and Falmer.l
GAME LAWS.
Letter Of DR.. Goldsmith.

RUTLAND sept. ~, 1870.
The basis or elementary principles upon
which the game laws of Eurt pc are founded
is that which asserts the right OF every man
to the complete enjoyment of his owner
ship of land, embracing as it does, the ex-
elusive use and benefits of the soil, that
which is beneath and that which is above the
soil, usgue dd cGIum. This includes the
use of the water which flows. over the land
and the air which moves over it.
The right of the use of the soil is abso-
lutte. The right of the use of the air and
water is qualified. He has another use of
his land in this, that he is entitled to the
wnd-falls or waits which may fall or float
upon it.
The right of the owner to the exclusive
of the common law. 1t is a right recog
nized from the remotest antiquity. 1t is
right. always exercised.
Though founded on the most liberal
maxims. the common law was content to
repose mainly on theory it gave the owner
the exclusive zee of his land, but it left
him without the means of eifectually Sc
curing that use." ("Paterson's Game Laws
of the United Kingdom, 1S61.O In this
country, where the English common law
applicable in the premises is IN force, the
land owner, except in isolated localities,
ia protected only in relation TO trespass
upon the land, and the remedy is only
technical, or, at most, inconvcnient and in
effectual. The landlord may order tres
passer off his premises, may use such force
as is necessary to enforce his order, IT he
can master it, and may recover at law the
damage done to property in the trespass
There ID no trespass in SHILLING game, for
there is no property in game, and the only
wrong the offender does is in coming
wrongfully upon another's land in hunting
for the game. The legal pursuit of the
wrong-doer is, il not laughed out of court,
attended with such contemplate fine as
to excite derision and provoke repilition
of the wrong "tIepce the legislature ne
cessarily stepped in from time to time, and
built up the formidable pile Of enactments,
now denominated the game lSws, all of
which are supposed to point to the great
end, that of giving an owner the exclusive
enjoyment OF his own food of ground
Ibid.)
Since there is no property in game, IT
will be sscn that it is the franchise attached
TO land--the right of shooting over it, or OF
fishing in waters where there is a title tc
the underlying soil, which is in this coun
try, in practical effect, wholly unprotected
and it is to give this protection that statu
tory provisions are TO be INVOKED. Wilt
animals are at best windfall or perqui
site of land. ''1'hcy are here to-day, ant
tomorrow arc elsewhere. They do no
come within the category of property, sim
ply because nature has endowed them will
an essentially vagrant, shy and impersona
character. Property is what can be KEEP
under control and identified, and both thes,
characteristics are here conspicuous TO
their absence. Hence, it was not to b.
wondered at that the common law treated
game like other wild animals, which hav
not been tanned or reduced into possession
as wanting the characteristics of property.
Ii cannot be stolen, for nobody owns it
it can only be ''talSen," and is properly pun
ishable only when the taking is don,
through the fundamentally of trespass
The right, or qualified property at mos,
which the landowner possesses in game
that consisting of the exclusive opportunit
10 kill or capture it while upon his prem
ises-a right which ceases when the gam
leaves his premises. III other words, Will
woodcock or rabbit Is on my premise
no one but myself has right to kill
while it so remains; but as soon as it passe
from my land to yours your right is as eA
elusive as was mine in the first case. Tn
shooting right of the landlord rests, there
fore,snOt upon the ownership of the game
but upon the ownership of land. An
when the hunter trespasses upon my Ian
lie not oRly trespasses upon my property
but he also invades, he interrupts, he d'
stroys that use of the land which consist
in tie opportunity which my ownershi
gives me to kill the game myself.
If the trespasser kills the game upon IN
land can pursue him for trespass, but NJ
for all the damage his trespass does IN
If he kills the quail in my wheathelt
can get pay for the damage he has dor
me in walking over my stubble, and If |
kills every bird on my farm | can get r
more, by the common law, the only la
there in the absence of specific statutes
The common law creates franchise,
some cases more valuable than the land !
self, but it gives me no adequate meal
for protecting that franchise. If kill Il
quail and the trespasser steals them fro
my larder or game-bag, then. in law. he
a thief, but il he robs me of my sport al
by killing all there are of them wonted
my farm, then have no redress, Drill fin
him at it, all can do is to order him OF
aud perhaps get a bloody nose as my on
redress for my grievance.
Game laws are intended to provide meal
by which, if choose so to do, can kee
people from trespassing upon my land II
the purpose Of killing the game upon it.
choose to allow the game covert and fee
if | choose to feed it during the deep snow
of winter, if choose to protect it from al
imals of prey, If ! chooae to leave the all
ers to grow that the woodcock can fin
convenient feeding ground, or the berri'
TO ripen so that the partridges can find foot
or nut-bearing trees to stand tor the soul
rels TO winter safely on, game laws merel