Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-11-28
THE GAME LAWS.
Judge McCrary's Decision, and ITS 4p-
plfcabiIity to the Several States.

pstcability to the Several States.
| To the Edit or of the Inter Ocean.
CHICAGO, Nov. 23.--The decision of
| Judge McCrary, of the United States dis
trict court, for the state of Iowa, in the
case of Kaiser vs. the Illinois Central
Railroad company, may be very impor
tant go far as it may apply TO the game
laws of some of our western states.
The constitution of the United States
provides that no state shall pass laws in
terfering with the commerce between
states. AS game is an article of mer-
chandise and traffic when it can be legally
killed, this appears to settle the question.
POINTS OF THE DECISION.
The judge decides,
"That transportation by railroad is COM
MERGE.
"That transportation from place in
one state to place in another state is
interstate commerce.
@That the power to regulate such COM
merce belongs exclusively to congress.
''That the states cannot adopt any regu-
lation which goes to or may operate in
| juriously to the commerce of other states"
The above decision is very broad one,
| and the question arises as to its applica-
ton to the game laws of several states
which contain a clause prohibiting the ex-
portation of game at a time when it can
be legally killed, bought and sold.
There is no question but that
the state legislatures have the
right to fix the time when game may be
killed, but when it is legally killed and re-
duced to possession it becomes the prop
erty of the person who killed it or bought
it, and he has the same right to sell or ship
to market, just as much as he has his hogs,
poultry, or other property.
A CASE CARRIED UP.
A few years since case was carried to
the supreme court of Kansas to test the le-
gality of the non-export clause in the game
law of that state, and was decided by the
court to be- unconstitutional.
Judge Field. of the circuit court of Lake
county, Indiana, in the case against Howe
and others, charged with carrying game
out of that state in violation of law, held
that the law was unconstitutional, on the
ground that it was an Interference with
the commerce between states.
So far as known whenever this question
has been passed upon by the higher or
lower courts it has been decided adversely
to the non-export clause.
Judge Ryan, late of the supreme court of
Wisconsin, one of the ablest jurists that
ever sat on the bench Of that or any other
state, in the dog Law case, held that
where one clause in the law was IN
constitutional it rendered the entire law
void.
A GRAVE QUESTION.
If this is good Law, and it probably will
be so held by the courts of other states
should their non export clause be decided
unconstitutional, the question arises
whether the game laws of Wisconsin,
Minnesota, Michigan, lows, Nebraska
and Dakota will not be held void and not
worth the paper they are printed on.
A few weeks ago two persons were az
restsd In Wisconsin for netting ducks in
violation of the law of that state. They
wore hned and the game found in their
possession was confscated and sold. The
case has been appealed and will go to the
supreme court of the state. The ground
of defense will probably be that the legis-
latsrs abused its trnst in discriminating
in favor OF one class Of game destroyers
and against another, which would be class
legislation.
1t is at least fair to suppose that every
sfors will be made to defeat the Law, and
in the event thu non-e1pors clause should
be declared unconstitutional, under Jadge
BY ans decision the entire game law would
become void and the arrested parties dis
charged.
7UkTEER POSSIBILITIES.
In addition to this, the parties arrested
might have a good cause of action against
the parties who caused their arrest and
connscation of their property, aud make
them pay roun6ly for the little amuse-
ment they have had.
The game law of Minnesota provides
that any person found guilty of violating
the game law in that state in transporting,
or attempting to transport, any game out
of the state, shall be subjected to a heavy
fine or Imprisonment, and shall forfeit his
game, gun and hunting equipments. In
the exent that Al appeal should be taken
to the higher courts. end this part of the
law held not good, there Is an opinion that
some of the over-zeelous sportsmen of
Minnesota, who have been Instrumental in
bringing about such suits, will be assessed
heavy damages for imprisonIng ana TAX
ing the property of persons under law
Of no fierce and effect.
THE WRITERS yIEws.
1t is The duty of every person who may
be arrested and their property taken in any
of these states to eppea! to the higher
courts, and if successful, IS there Is no
doubt they wilt be, in the light of all
precedents, they can make the parties Who
caused their arrest pay roundly in exem-
plary damages for the attempt to deprive
them of their constitutional rights.
Sportsmen must not ask too much.
They should see that their laws are good
and will stand the test, and not endanger
their entire laws by engrafting matters of
doubtful legality. GRINGo.
Did Not Fail.
PrrrsBURG. Pa, Nov. 26.-The report OF
the snsnensinn on Rccount of lack of