The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1889-05-08
TIE NEW CINE LAW INARKANSAS


bill passed by the last Arkansas Legislature, pro-
hibiting the expectation OF fish and game from the
state which was signed by Governor Eagle this
week, and Is now the law OF tho land, II II has the
effect intended, there will be no more s. Louis
Memphis and other city hunters coming 10 Arkan-
sas and killing game for shipment from the state
Let the law De enforced" Such n law cannot DO
enforced. The State of Arkansas cannot interfere
70 prevent commerce by It's people with those Of
the other States rs has been settled we believe,
ia the Iowa liquor cases II IL prevent the oX'
porting Of game, IL can the expectation OF -four,
cotton or hay or other OF IT, producb.-MeRphs
AlpoaL
Our distinguished contemporary evidently com.
miis an error In It's opinion that Wild game aud
fish are commodities of commerce. the same as ag'
roulmml products. Under the old English laws.
whatever property rights existed IN game vested In
the Crown aud carrying out that old common law
principle, which Is authority Ia tho absence OF
statutory provisions, the wild game Of Arkansas is
the property OF the State. II Is furthermore we'll
established common law principle that no iudvid.
ual right Of property Is recognized In wild game
Then, II game i the property OF the state and no
individual right OF property can vest therein, has
not the state powers OF Inhibition concerning this
particular spc2cs of property that she docs not pos
sosl In relation to the agricultural products Of the
peoplcl THE APPEAL makes no distinction In
corn. cotton aud game rs commodities OF com.
mcfcc. Then, on TtE ApPEALs assumption, the
state has as much right TO prohibit the raising oi
corn and cotton in January and February, Il such
thing were possible, as she has 10 prohibit the
killing Of deer aud turkey In June, or the -elniug
Of fish II the state has any authority Whatever
over game such authority Is absolute. II she eau
prohibit the killing at certain she can pro.
hbt It NJ all seasons and II she can prohibit It all
seasons she eau prohibit lis expectation from her
boundaries. Such inhiblilons applied to ngricul.
tural products would be futile, because Il would
be dangerous aud tyrinnoal invasion on the In.
diyidum rights OF the people, that neither public
policy nor constitutional latitude would tolerate -
Creme County Roori
In another column we copy an article. from IN,
Gr,cnc Couaiy Rc.ord on the new game law, in
reply TO an editorial In TuE ArrFAL That there
Is very nice question Of United States constltu.
tIonal law Involved we will not d,uy; and We are
In doubt rs TO how II may be dcc.icl. Some OF
the leading lawyer OF the legislature held that Il
was constitutional, aud those IN doubt did not
sipnuously oppose the bill There has been con.
siderable complaint made IN various sections Of
the State on account Of the large quantity Of game
ana lsh taken out Of the state by non residents,
aud some remedy was loudly called for aud
seemed but Just aud right II the act Is hard on
our Memphis sp1rtsmcn, thoy should consider
whether they have abused the privileges hereto.
fore allowed them aud thereby caused ~ enact.
mcnt The Aitaasds Deacon.
In what TnE ArrEAL said rs above
quoted II had no reference TO the convcn.
fence OF Memphis sportsmcn. They can
readily accommodate themselves TO cir
and II they arc denied the
privilege OF hunting or fishing IN Arkan-
sas they can go TO Mississippi, where Gno
sport sill offers. Or they can go to Ala
bama, or TO Louisiana, or TO Texas. II rs
not the spoitsmen We had In view, but
the trade in game between Arkansas and
Memphis, which in the season Is very
large. Wcgrantthai the State has right
to make game laws, TO say when sports
men may enjoy hunting aud fishing, but
We do not believe that II can say to u
merchant who collects game or fish, during
the permitted periods, for shipment ~ he
may poltrics and hides or corn or wheat,
or hayor cotton. that no cannot ship them
TO Memphis. The State cannot say to .
peddler collecting chickens or cggs that h,
must no, ship them 10 u market outside o
the state. Game, like chickens, Is prod
net Of the State, and those who kill gam
by authority Of the State laws within II
prescribed periods aud thus become tn
owners Of It, have right that the stat
canuot justly dispute, to sell Il In an.
market that Is convenient or most prof
table.