Daily Yellowstone journal., 1891-11-25

proved February 2S, 1859, he 3 Hended
T. read a. follows" This goe- on fur
ther 10 prohibit for the peri ! Of ten
wears the killing of any bi~u buffalo
"r quail within tLe-'tte; auo provides
further that betg e.n tn lj'r day of
."uary and the lj0u dav Of Ssptem-
be- 81 the same yeIT it shall he eunlaw
fIl 10 ~ .r. or otherwise Kill or cause
t1 be killed any whit tt,l. d ce .-,
lack tailed deer. UU. cr, Truntain
sheep. Rocky I.Uut.. .Dal, antelope,
lu ,-- o. e.r. And section . sf thi.
r-t prUv.d. '. "AF c- or ,..J- of
+ r.o.- iu GEO. Gi. .. Do. I.t be and ,he
came Is D ..y .a.e .rt.t
Ia . ..u boz no question hut that
hrst-.. Il lature in 1891 10y tui. last
named act amended the whole Of the
ACT passed by tie territorial Legislature
. iu ls~s. and the question now arises.
did the act Of the territorial legislature
ia 1859. or does the act OF the state
( legislature, approved March 4, 1891,
repeal section 1144 Of the compiled
statute, which prohibits the killing
Of game at any time Of the year for
/ the purpose of the head ur hide only,
or for market. or for sale? IL Is true
that both of the last named acts con-
tain a repeating clause, which repeals
| al laws in conflict Herewith, but IL II
my opinion that section ll44 of the
compiled statutes is not in conf CT
with the provisions of either Of the
! last named acts, and is only supple
mentary thereto. and that it was not
| he Intention Of the legislature, either
/ IN 1859 or 1891, 20 repeal section ll44 Of
the conf lied statutes. Ii will be OF
served that chapter A. Of the COMPLIED
/ -tatut-s il for the Protection Of Game
q Fur ueaTiugA nimai-. Birds aud Fish. y
/ The act f 1859 j. An Act for the
Better Protection OF Gan e aud Fish, ~
and the act Of 1891 iz by it, very tern'-
intended only Co amend theacJ Of 1859
ana io reI cal laws iu cor fiict with ir.
Tue titles Of these several acts would
seem 10 Indicate that IL YVES rot the
.iutrItIou cf the legi-lature TO repeal
lauy part If the complied statutes re-
lauug 20 the purp. se- mentioned IN
section lItI Il Will be Ob- e. we'd th lt
tine legislature, have not ir any place
expressly said that II shall b. lawful
to Kill game at auv lime. In tni- act
/ of 1891 they provide that it shall be
unlawful to kilI certain game fof the
period Of ten year., sui that be'we n
rtsiu, dates it shall be uulaw ul 10
xii, The animals mentioned in section
. of that acs. Section ll4i simply
pr1vIde- that for certain purposes %
shalt be- unlawful to Kill game At any
lime of the year,
II would app ar by careful reading
Of these several statutes that il was the
purp, Sc ofthe legislature, 80 far pos
-ihle. 10 protect the game meuton-d -d
for tue benefit Of persons residing with
Ia The state OF Montana. The terIitori
al lezi,lat1re ia 1859, As we'll ~ the
state legislature IN 1891, carefully
avoided IN any Way referring O., ~
mentioning chapter 47 # the complied
statutes. Which relst-- 10 the prIiec-
ton OF game, iur-ota'lhs ah'll 3
birds and fsb, and do no. believe
tnat by any far ana reasonable inter-
probation Of these seVeia. statutes So
tion ill4 has been rel called oV lmpl-
cation; 1t certainly ha- not been re-
pesled in express terms. In piacing a
construction upon statute oi this kino'
the court would be 0l-Po' el q" coneldeF
the purpose OF thi. Slnd %. e- 7.a'''h'
and the object io5 "ulcn su'l laws sie
enacted, and, believe, "'ll' '- i''u
i to fo.d thar sanitary u-'.i .'A.
provision OF ''' laws. s'.H af r ''"'
aiuei iu Section ''ii 'i ..e com t..-.
statutes, has oeeu r-l-a'ea 'F i.Al'.'
.uoa.
II is therefore uF .A A'"' u'
.lus section %. complied 7.t'.7 Is
and fhst uv One provisions l-...-
ri. it ia unlawful at a1F Nn- i'