The morning call., 1891-10-23
ALL-RUUND SPORT.
A Decision Which May Affect the
Game Laws.
San Diego Judge AstOnishes the sportsmen
Of the Southern Country-Tennis and
Canoe Contests.

4 dispatch from San Diego states that
Judge Sloane of that city has rendered
decision as regards the possession of game
BIRDS which, if it stands. will have consider
able effect in multiplying the game laws in the
southern part of the State.
II appears that a local firm Of butchers
had the carcass Of a deer for sale, and its
members were arrested under the law re-
. Gently passed making a close season for
two years.
On the trial evidence was submitted show
ing tile deer 10 have been killed across the
line in Mexico. After long argument the
Judge discharged the prisoners, holding
that the statute does not contemplate or
govern game killed in foreign country, or
any other State.
1t has heretofore been held unlawful to
have in ones possession game Of any kind
during tile close season. According to this
latest construction of the law by the San
Diego Judge, it is thought by some that
hereafter game Of all kinds, including quail,
may be bought at any time of the year in
Southern California, providing label bear
ing the words From Mexico" is attached.
There are sportsmen in San Diego who will
not, however, rest satisfied with Judge
Sloape's decision.
A CASE IN SACRAMENTO.
4 letter from Sacramento states that ex-
Fish Commissioner Routier called on Con-
stable Brissel few days ago and informed
him that he had seen a cage full OF quail at
the Pacific Market on j street. The Con-
stable visited the market and the proprie-
tors showed him shipping receipt that the
quail had been sent from Arizona.
The Constable and MIR. ROutier held an
other consultation and concluded to lay the
case before the District Attorney The re-
suit was that a warrant was issued for the
arrest Of the game-dealers and placed in the
Constables hands. The complaint is based
on Section 631 OF the Penal Code. which
pruyides as follows:
Every person who shall at any time net or
pound any quail, p 'rtrdge or grouse, and every
person who shall sell, buy, transport give
away or offer or expose for sale, or have In his
possession, any quail, partridge or grouse that
have been SHARED, caDIur or tahen In or by
means OF any net pound Is guilty Of misde-
nIeanOr. Proof OF possession OF any quail, part
ridge or grouse, which shall not show evidence
OF having been taken by means olner than net
or pound, shall be prima facte evidence In any
prosecution for a violation OF the provisions OF
This section that the person in whose possession
such quail, partridge or grouse is found took.
killed or destroyed the same by means Of net
OF pound. Approved March "a, 1887.
MUCH INCOMPETENT TINKERING.
Referring to the above matter the Saera-
mento Record Union says:
There las been so much Incompetent tInkering
with the game laws by mislnf0rmed legislators
that they have become about as much muddled
as the braius Of the average law-maker, and II
would take "a Philadelphia lawyer 20 tell just
what they DO OF do not provide.
The last Legislature did not expressly inter-
fere with the section OF the code just quoted, but
it did amend % Section 626, and among the
clauses thus amended" Is the following:
Every person who shall buy. sell, offer expose
for sale transport carry, have in his posses
sion apv deer or deer skin or any hide or peIt from
fph fhp vi 0f gzT has hpH OVa1O Or
any OF the aforesaid game at time when 1t is
lawful to XII the same, as provided by this and sub
sequent sections, is guilty of a msdemeanor.
This clause was evidently Intended by the au-
thor to apply exclusively 10 deer, but somebody
probably offered an amendment making II apply
TO "aDy OF The Aforesaid game" OncudiDg quai0.
The same law-Ihat OF last wlnter-proyides that
al laws or parts OF laws In conflict with this act
are hereby repealed"
The question arises, does the law OF last
winter apply exclusively to dead game2 Pre-
sumably it does, but why not live game also2
SEEKING EXCUSES FOR NO ONE.
The Record U nlon favors the enactment and
enforcement Of the most stringent laws for The
protection OF game, and does not seek excuses
for any one who may be accused Of having vio-
lated The law. But It has no desire TO see an in
Justice done 10 any one.
ANY person familiar with the characteristics
OF the California quail tell at a glance hat
the birds IN the possession Of Messrs Christian
son g. DieTssen are not OF that species. They are
what Is known as the Arizona quail. That they
were caught in Arizona and shipped from there
can no doubt be proven.
Assuming that The law Of the last legislature
does not interfere with Section 631, prohibiting
The trapping OF quail, ana that 1t Is sill IN force,
does IL Apply to the case in question? or course
nobody win contend that The California l. glsa-
iure can prohibit The trapping Of quail In Ari-
zona, and there is no law on our statute books
prohibiting the shipment into this State from
other States or Territories Of any Kind OF game,
whether dead or alive.
In short, our laws apply only TO game belong
ing within The bo ders OF the State. This being
the case it is difficult 10 see wherein the spirit
and intent OF tie law has been violated by par
ties having foreign quail in their possession. In
deed, If we mistake not the old Board OF Fish
and Game Commissioners had Seellon 63l
amended so as to permit The Trapping OF quail In
this Stale when 1t might be deemed advisable to
restock localities that were barren; such amend
meni, however, Is not at hand aud possibly does
not exist.
LAWN TENNIS TOURNAMENT
The tournament for the possession OF the