The morning call., 1890-08-28
SHIPPING GAME.
A Decision Which Will Interest
Sportsmen.
Game Is the Property Of the People Of the
State-It Cannot Be Made an Article
Of Commerce = The Gun Tax.

An important decision relative to the
shipment of game from one State into an
other has recently been given by the Su-
preme Court of Illinois which will be Of
interest to all sportsmen who are attached
to deg and gun.
Last December verdict for $500 was rem
dered against the American Express Com
pany at Effingham, ILL.,, for receiving quails
at Mason, ILL.,, for shipment to a dealer in
game in Chicago, and the company appealed
the case to the Supreme Court of Illinois.
GAME IN POSSESSION.
The case was prosecuted under Section
of the game law passed by the last Legisla-
ture of Illinois which declares it
Unlawful at any time to sell or expose for sale,
or to have in possession for the purpose OF SELL
ing. any quail. pnnated grouse, ruled grouse,
gray, red, fox or black squirrel or wild turkey.
that shall have been caught shared, trapped or
killed within the limits of the State and il shall
further be unlawful for any person, corporation
carrier 10 receive Tor transportation to trans
port. carry or convey any of the aforesaid quail.
pinnated grouse, iuied grouse, squirrel or wild
turkey that shall have been caught, suaTed,
knowing the same to have been sold.
or to transport, carry or convey the
any Place where Is to BE BE
the State, for any purpose; and any person
guilty of violating any of the provisions of this
section shall be deemed guilty of a misdemeanor,
and on conviction thereof shall be nnsd not less
than So nor more Than SO for each ana every
.fense, and shall stand committed to the County
Jail, not exceeding ten days. until such line ana
costs are paid; provided, That the selling, expos
Ing for SALE having In possession for SAFE trans
porting or carrying and conveying contrary TO
the provisions OF this section, OF each and every
animal or bird forbidden herein, Shall be deemed
separate oifensc.
UNCONSTITUTIONAL LAW.
The defense was that the law was uncon-
stitutonal and violated the rights OF prop
erty, as game when killed becomes prop
erty, and the law violated the right by de-
stroying the property without due process
of law.
The Supreme Court of Illinois holds the
contrary opinion, and declares it to be
fallacy to suppose that the person who
may kill game has an absolute property IN
it. No one has property In game. The
ownership is In the people of the State, and
the Illinois Legislature had the right to
permit persons to kill or take game
upon such terms and conditions as its wis
dom might dictate, and the person killing
game has such property interest in 1t, and
such only, as the Legislature might confer.
ABSOLUTE PROPERTY.
The Legislature never conferred an abso-
Lutte property in killing game upon the
person who might kill it. Under the statute
the person killing it has but qualified
property in it after it is killed; he may con-
sumo ii.
The court goes on 10 say that II a trospasser
should take game from the posse:sor OF II, the
latter could maintain an appropriate action to
dertakes 10 ship or sell game lie undertakes TO
assert right. which the law that authorized
him TO kill withheld. The law does not destroy
right of property, because no such right eX-
lists No constitutional right OF the citizen nav
ing been lnfriDsed upOn the statute must be
sustained.
AN IMPORTANT DECISION.
The decision Is the most import ant and sweep
ing in its character of any that has been rem
dered by court on the subject, and Is III effect
that there is no such thing as Individual proper
" 10 game; that II belongs to the people of the
Siate,aud The Legislature has the right TO impose
any conditions its wisdom might dictate as being
necessary TO contribute to The propagation and
protection from determination OF game.
The right 10 prohibit shipment out of The State
OF game killed In The State is also maintained,
although II was not the question that was before
the court, the case referring TO shipment for sale
Ia The State, but since the court decides that
property in game does not exist and game can
not be ma, made an Article OF commerce II
prohibit game Killed in The State from
being shipped out of the Stale for any purpose
The law does not prohibit an individual shipping
game killed in the State to any place In the State
If II has not been bought ana is not shipped TO be
sold; nor does It prevent game which has been
brought into tie State from another Slate being
shipped out of 1t. The law refers only to the
game OF the State.
TAXING THE SHOTGUN.
1t has been stated on pretty good author
ity that 1t is the intention of some gentle
men who are members of gun clubs that
have leased large tracts Of marsh lands to
have bill introduced at the next session
of the Legislature to tax guns. This move
is to hamper the poor man as much as pos
sible and deny him the privilege of pas
time he has for years enjoyed.
Sportsmen as rule have liberal ideas re-
garding shooting privileges. They hold to
the principle of personal liberty and that
game is public property, to be shared
equally in sportsmanlike manner and not
exclusively for the benefit Of any one class
is now advocated by the nabob classes of
sportsmen.
To tax the gun is unjust, and would be
class legislation solely to benefit the more
fortunate in life and aid the market hunter
in swelling his bank account.
A DANGEROUS PRINCIPLE.
The principle is certainly a dangerous
one. as it has tendency to destroy those
rights guaranteed by free and liberal Gov
eminent. The constitutionality of such
law in this State will also be questioned.
The idea is purely monarchal and came
English aristocrat or Count seeking an
American heiress. The farmers son who
may be unable to pay gun tax has as much
right to own gun and shoot as any one else.
The Country Gun Club has leased the
MeShafter ranch at Olema for number of
years and will erect club-houses for the ac-
commodati0n of its members in a few weeks.
The preserve will be stocked next summer.