Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1888-02-02
THE GAME Saws.
why They Arc Not Carried Out-The
Landowners Side.

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The question "How TO protect the
game of the Commonwealth" seems TO
be hard one TO solve, at least to the
satisfaction of everybody. 1t returns
regularly TO plague each session of the
General Assembly. Some county or
some person has been dissatisfied with
everything that has ever been done on
the subject, and exceptions TO the gen
eral statute have become so numerous IN
our "acts as to necessitate codiiication
OF tue laws.
Permit me TO venture an observation
or two on the subject, and for purposes
Of brevity will endeavor to confne my
self to one single point in the contro-
versy-to wit, the cause of the ire
pressible conflict which We find to exist
between the advocates and opponents OF
such game protection laws as have hitler
to passed the Legislature.
On the side Of opposition are the
country people. On the side Of advO-
cacy stand the dwellers in towns, vii
lagos, and cities, where also, in the
main, dwell the members of the Game
Protective Association, under whose eye
these bills are framed and passed. In
opposition are proprietOrs and tenants
Of lands; in favor, stand the Simon-pure
sporting gentry of the State, who for
the most part own no rural land what
ever. Between these two parties there has
been engendered and fostered 10y vicious
or unwIse Legislation an antagonlsm
difficult now of harmonious adjustment.
Each side lays down a different theory
and reasons and acts upon 1t, and so they
drift apart. The sportsman or non-land-
owner for when landowners sports
man he feels competent to take care of
his game on his own land plants him
self on the high ground Of eminent do
main-that wild animals belong to the
State. He claims the same and equal
title to the game with the owner or ten
ant of the land ON which it is raised or
found and on this theory asks legal pro-
lection of the same. The tenant or pro-
prietor Of the land, however, refuses to be
convinced of the equity of this claim.
He claims to have fed and raised tue
game to have defended it frO.l wanton
or wasteful destruction the year round
to have saved seed 10 the country by
feeding focks of quail, &C, during hard
winters and prolonged SHOWS; and he
feels aggrieved by legislation dictated by
feld-sports associations, which, in effect
and in intent, Sarcs the game until it
suits the leisure or pleasure of the city
sportsman to so out and take it.
To be fatty told, Ill effect, that he may
raise the game and care for it, but that
even on his own farm ne has no more
right to it than a stranger, raises his ire,
and that, too, with some degree of rea-
son. And Just here it seems to me is to
be found the root of the trouble that has
rendered Ineffective all protective
legislation in this State. 1t has been
found out from time TO time that the
different schemes did not protect-that
the various acts that have passed the
General Assembly since game-protec-
ton became subject for conside-
ration have not accomplished that
wherefor they were sent-yea, have
even tended to an indifference upon
the subject in those persOns-the land
owners-who alone can have the laws
enforced. These must be placated, con
ciliated, recognized in any statute.
Their superior rights must in some way
he admitted. | believe confidently that
had previous legislation not ignored ut
terly the rights of proprietors OF lands;
had the protective laws contained fea-
lures in recognition of the superior right
of such over an outsider, We would not
to-day find game laws in such bad odor
with the country people, nor would we
find that utter Indifference to game
preservation that we observe on all
hands Tor would we continually be
hearing landowners say We'll, | don't
hunt myself | used to trap a few par
tridges, but that is now unlawful, and
if | bother myself taking care of the
game it is only for them Richmond fell
lows to come out and kill it in the fall
of the year" And so it goes. Let our
wise SOlons and sincere advocates of
game protection open their eyes for
once to the patent truth that tie rural
districts have been offended at Seem
ingly) class legislation, and that on
this account they refuse to enforce
the laws. Let them become convinced
of the truth that no law can be enforced
with general public popular sentiment
against it that the owners and occupiers
of lands are the only persons in whose
hands really is held the power Of pro-
tecting game; that these will not protect
il so long as their reasonable CLAIM is
denied will not SO long as legislation
enures to the benefit OF and is Shaped
and dictated by field-spOrt associations
else the otherwise wisest or severest legis-
latiOn for this end will be dead letter
on the siatute-boOk.
There is new bill now before the
House, see from the dispatch OF Jan
uary DIST. 1t was proposed and urged
by the Virginia Field-Sports Association,
and has been fayorably reported by the
Committee on Propositions and Griev
ances. In my judgment it is more OBJ
jectionable, and Will IN time become
more odious, than any of its inefficient
predecessors, for, while it has retained
all of the faults of the Others, it has also
some new features of its own that
will not recommend it. 1t creates
and commissions a spy under the
touching and captivating name OF
" game warden" in every magisterial
district. He is invested with considera-
bic and yexatious authority, aud for his
pay he receives one half of all the grist
ground at his detective and CONNECTIVE
mill. His duties and actions belong to
the class called "gui tam" in the law,
which being interpreted means as we'll
for himself as for everybody else, and
for the sufficient reason that all such &C
tons soon get to be brought all for him
self they have come to be discOunte-
nanced and looked upon with disfavor
for more than a century by the enlight-
ened Jurisprudence of every country on
the globe. This feature should by no
means be engrafted upon the law.
But, on the contrary, il the Field |
Sports Association is unseltishly i'll
earnest-if it does, Indeed, sincerely de- |
sire the protection of game-let them
also urge the insertion Of proyiso in !
any act 81 that nothing contained in this |
act shall be construed to hinder any
owner or tenant from taking game on his /
own lands for his own table" Or let |
them urge-ifforno otherpurpose than to
demonstrate real sympathy for the poor
uuaii and some respect Tor proprietary /