Smyrna times., 1889-12-11
WHOLE NO. 1894.
Published by request
A Legal Opinion of the Game
Law.
Mr.. EDITOR
IN =

/ Mr.. EDITOR:
There has been much discussion in the
/ newspapers during the last few weeks
/ ABOUT Jhe Delaware Game Laws. It seems
/ ~ ~ ~ IHaI Ihere mas been great deal Of
/ .TI?lsllAess uttered IN relation TO their ap-
PHcaIIon. \ law which does not prohibit
/ I"c property holder from shooting game
uurlHg tine closed season Is of exactly tho
same use As no law For If the privilege i
granted To- each owner Of lands 10 shoot
game during all seasons of the wear he will
uHIuIaIJ take advantage Of it when 10 suits
l,is own convenience and pleasure and
When he grants the same privilege IN Lis
tenants, tarm-hands and friend, fIa~a viii
De as much shooting before the law i o.,t
"a, after For am exception which Grants
an owner the right tD shoot on hi, o,rr,
lands, extends to him bower which ~
law can prevent him from granting other.
Ior man la0onug under no disability. can
grant an the rights IN property which he
hlmselt possesses. Then If the excaDtio,
stands, allowing a man to shoot or tol-o
game on ms own premises at any season IL
narrOws itself down to this An owner may
shoot and grant the privilege Of shooting az
any season, and when the law Is out be
may sun prevent anyone from trespassing
S" SSI" y'eIeIore the same privilege are held
". 9I parues at all times Of the year Il is
| evident then that in order 10 protect our
game and prevent its entire destruction ali
persons must be restrained at certain de-
| Lneu periods Of the year The howl thar
TINS Is an infringement of mans Inherent
rights doubtless comes from those iU-ad-
ElseI people who have but a slight corceD-
Iloh OF what those rights are There ara
I1NcIG' HIAus OF personal prOpcrty-a man 5
nousehoId goods, trees, plants. etc This
Is permanent in its nature and has NOT tho
power OF locomouOn; in such goods a man
may nave absolute property: then there il
auoIuer KIND. such a. domestic animals ir
"ilch man has acquired property bv pos
session, by tanning and keeping. Then
there lS third kind, or animal, fsrqe ,.qt,l-
-us anu III lhl' latter class only qualified
properly may be had. No less a writer
than Sir William Blackstone savs ..In
animals Jerqe HGtnrqc n man can have no
absolute property This propositior +
very apparent, for rabbit which is on NV
lands to-day and in which / have a ouaIi-
ned property, and which l can claim
against everybody else to-morr0w NAV be
"H IHe grounds OF another man five mile,
away ana my claim on the animal ceases.
Let Us take tract Of land ten miles
square, owned by, say, % person: each Of
tHose % persons has qualified property I'm
all the game IN that place. that Is 10 saw H.
may at sometime be on his land One man
IN tAe centre OF 10 miles begins 20 shoot
game on ms land during the closed season.
] "a .
! bors rabbits and birds wander over ana
ne bags them, too and BY the time the law
iS out he may have killed all on his own
lands and all on his neighbors lands far
t4he 10 miles. Is he not interfering with
me" inherent right; If the old principle
| upon Whlch governments are founded. the
rights Of the individual must be subservient
10 the right Of the community. were allowed
70 settle tins contest ii would soon be ended
The game laws are made for the benefit Of
ihe community at large and if they are to
be operative they must apply to ail Tho
| question has been asked IF man nos
Sesses only qualif property in game
/ now can he prevent his neighbor from
taking itT' First, because he can prevent
nm from coming on his land as a trespass-
er' whether he Is after game or not. and
secondly, when game is On his lands he i
the communitys custodian of it for the
time being. We think this is the correct
ana eNpedlent view of the matter LEN.