New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-01-10
ENFORCING THE CANE LAWS.
A TKsr CASE ARGUED ~ THE SUPERIOR COURT
OPINIONS on BOTH sIDrs.

sportsmen and pot hunters. game deaicrs and game
eaters and possibly the cause OF all the iroibe VIII
await with interest the decision argued ycdtcr
day the Superior Court before Judges otornan and
Scdswick. By the game dealers Of the cy II Is CON
sidered tee; and they intend To ght u out 10
the bitter end. ho suit was brought by the New
York Association for the Protection OF Game, oi which
Robert Is. Roosevelt Is Prcsdcnt against \. Durham,
of No. us Rcade-st., who has bought and sold game
there for twenty years Nr. Durham states his
folows:
"On December 90. 1888, G. F. Warner. Of Chicago,
consigned Ia eight barrels and two boxes OF quail
besides some other produce The qual wef" shot IN
December. legal month"; and were received by me IN
january "A legal month Ny instructions to hold
them for - a dozen A. | couldn't get the price IN
January | placed them with the Washington Street
Refrigerator Warehouse Company. The boxes were
opened and the qdal III them packed in barrels
wrote Warner that couldn't get hs price. In April
last year. oncers Of the Ga ne Protective Association
found the quail with the aid of search warrant They
counted the birds in barrel and satisfied themselves
that there were quail i'll tue Others. told them the
circumstances under which got tho birds They
brought suit against me, and Judge Truax took the
ease out Of the hands OF the jury ana gave the
ton a judgment tor 5000 against me. My counsel.
J. George fammer, carried the case up, and II
argued to-day. According to the game law II gm Ia
pay fine of $1,000 and haven't got 1t. ~! have TO 90
10 ail for ZOO dayS, day for every dollar Of my
fine, and when ! get out of Jail the judgment would
still De hanging oser me- Pleasant law isn't iti'
Mr. Fammer, who argued the case tor Mr. Durham
yesterday, said: 60 The association got information
regarding the quail from AN employe who had been
discharged IRON the warehouse la it, first complain
the ASSOCIATION asked for judgment of SGa. 300
$50 for every bird They knew jury would laugh at
them, and amended il 10 $4,000. Judge Truax gave
them the judgment. The association sued Nicholas
Hendrck son. manager OF the warehouse company, and
sued the company Us corporation on the Same
grounds for 81 900 i'll each They got Judgment
but did enter it, The judges before whom the
was argued to-day won't gave a decision for a Month
feel certain that it will be in my clients favor. The
main question decide is whether possession IL owner
ship. Ny client had neither. lie never got a dollar
out of the quail. They sent Ia Boston and held
there till November and then sold II the association
win, they Will keep the Judgment II the District
Attorney prosecuted and won. the county would re
halt and the norIner halt
Charles T.. Whitehead counsel for the Association
for the Protection of Game when asked for his views
the said " believe this will affirm tho
Judgment Some of the quail sold before We got
at them No discharged employc gave information.
We bring prosecutions in the interests Of tho eOunrys
game which, otherwise, these people would extermi-
nate. The association does not press it'd judgments or
ask for large ones We want hold on people who are
liable TO break the game laws. The association has
been prosecuting such for ten years and spends
twice much IT makes. 1t never puts men in Jail
People against whom win throw themselves
the mercy of the association, and seldom make "a
mistake in doing There prov isois in the
game laws which would be better IL modified. but game
dealers, rule, want the modification To he suni-
Gently radical 10 allow them to sweep the game # the
country into their pOckctsD