Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1891-03-19

resolve. Ivil move come time during II
week to have the matter taken up.
On motion by Mr.. Ryder Of Penobscct
bill. IN act relating to ths prueecsion o
game. vas taken iron the table.
Mr.. Ryder-I he'd the matter tabled ful
the purpose Of examining II and vish Il
ofer m amendment. aud only one. and
that 10 70 section s. which amends Sec. II
OF the original act. The amendment, q
provided for in Document Ill, rsads
ANY officer. authorised 10 enforce shs
nah and game laws may, without peocess
arrest any violators Of sAid lave. The
amendment I have offered siuply
changes it 20 that he cannot arrest without
process unless be fnds man in the very
act Of violating some Of the sections Of the
Act; and I trust the amendment will
prevail, and that these cfiicers will not
be allowed to arrest unlese they find
persons in the act Of violating come Of the
provisions Of this act. II they are found
hunting, contrary to LAWN the act-thsy
can be arrested without process. II they
are found with parts Of animals in their
possession contrary 10 the statute, they can
be arrested without process; but. as l
understand it, uniess they are found in the
very act Of violating some provision OF the
law, they cannot be arrested without a
warrant having first been obtained.
Mr.. Haines Of Kenrebec--I would lihe
to ask the senator from Penobscot il he
would not have some very nns distinctions?
When Is he violating the law7 Suppose a
person is found In the woods with com.
plete outfit, but does not happen to be
shooting at the exact minute. think the
amendment would lead to great deal Of
trouble.
Mr.. Ryder do not zee tho force Of the
senators remarka.
MIR. HAines You have = right to arrest
a man without process by this statute.
Now. in exercising that right YOU must
comply with that statute, otherwise you are
guilty OF trespsss and lisble for trespsss
upon ihs person. Your statute says: ANY
yiolator Of the 'a~." For . person 10 a
"violator" who las violated the law, or he
may be in the act Of violating il. You
wish TO make your act 20 that the person
arrested will have to bs detected in the
very act. That, l understand to be the
spirit Of your amendment. cay il 10
going to be close question Of interpre-
tAtion for the court, and | cannot see
that it reaches the object 1t was intended to
reach.
Mr.. Ryder - The amendment simply
makes the common law apply to misde
msanors. | understand the common law TO
provide, and that it hes for centuries, that
man fcund in the act Of violating Lac
can be arrested; but upon mere suspicion
Of violation, uniess il comes under police
process. cannot be arrested without war
rant. do not propose, il . man i.
found in the woods with gun, prospect
ing, or on some legitimate business, And
the game warden hasa suspicion he 10 there
for the purpose Of violA,iog the game laws.
that the warden shall have = right to take
him so or 60 miles before q jus.
tice to answer to some offence
he never committed. say, when
you fiud men hunting contrary to law. or
find in his possession goods prohibited by
Law, that the officer shall have right, II
he 10 80 far from = trial Justice or court
that IL is impossible for him to 20 to thu
trial justice or court and get q warrant be-
fore the man has slipped away, and gone,
perhaps. out Of the State. to arrest him
object to an officers arrestipg n man for
misdemesnors, do not csFe what they are,
unless they have warrant signed by the
proper officers. But, for the purpose OF
carrying out the spirit Of the law for the
protection Of game, am wiling that when
man is found actually violating some sec
ton Of the law. by an officer. he may arrest
him without process; but | am not willing
to 20 farther than that.
Mr.. Hsines--I do not understand tina,
this statute says anything different from
that. 1t says: Any officer authorized to
enforce the t.h and game laws may without
process arrest any violator Of any of sail
laws. He must be = violatef Of the laws
II is question of fact in each instance.
whsther he is or not
Mr.. Powers-I would like to ask the
senator from Kennebec whether he might
no. be = violator Of the law for some
offense be had committed in the past, under
this section.
Mr.. Hsiues-I suppose the time must be
sts'ed. do not know but il might be pos
sible. l do not quite understand the
amendment offered by the senator from
Penohscot.
Mr.. Powers--I would say, il / understand
the purpose Of it, it is 10 limit the are,
without process to cases where the violxts I
is found in commission Of the offensc, il
taken in the act. Applying the common
law rule Of misdemeanors which applies to
felonies. Ii does not TEEN to me safe to
40 beyond that. Any construction whic,
will allow game wardens to arrest without
process at any time. men whom Ay may
cisim have, at some past time. violated the
game law, is to be avoided. II they find
them in the ofeHse we give them authority
to arrest without process. That, it i.
proper they should have. and that
it seems to me, is gorg as ia,
as we can safely 90 and at the same tim,
respect the individual rig hts of our citizens
Mr.. Libby OF fAndroscoagin-As far a.
have any interest in this matter, a. \ men,
Der of the committee reporting this bill
the amendment would be satisfactory.
The question being put upon the adoption
of the amendment offered by Mr.. Ryder
the amendment was adopted On motor
by the same senator the bill took i,s secont
reading ard passed to be eDgrossed.
On moiion by Mt. Walton Of Skowbegan
bill, an act to change The name Of Cyfu
Heard, vas taken from the table.
Mr.. Waiton--I supposed, several day
ago when the batch Of bills went through
that was the end Of il, but 1t seems tbs
Cyrus Heard wss in the hopper at tbs
time, therefore the bill changing his nam
has been reported. II has been suggeste.
once before ,ha. a change Of name can b.
procured BY application TO the Judge o.
Probate without any expense, and unde'
stand, it costs here, 81 90. In coniide,
ation of the fact iha. Mr.. Heard 10 her,
and as the report is made, and a. this 10 t,
be the last change OF name at this session
/ move that the report be accepted and ,h
DILL received passage.
The bill took its several readings unde
suspension Of the rules and passed to b.
engrossod.
On motion by Mr.. Maliet of Cumberland
Adj djSurned.
[Continued on 4th psgs.
SIGNAL eHavICH.