The record-union., 1892-12-16
THE Law Is ALL RIGHT.
Its Alleged Ambiguity is Readily Dis
posed Of.
Game Cannot be Killed at All Seasons
of the Year, Even Tho ugh
for Food,

A short time ago an opinion was given
by the Attorney Generals of. .ce regarding
the effect of that clause in the game law
which provides that none of the species
OF game mentioned shall be. killed sat any
time of the year, except fo foods The
opinion referred to was pU blished in the
RECORD UNION at the tirAe and was as
follows:
The amended Section 626. Penal Code. Stat
utes of 1891, page 472. pre- ,vides thai it is a
misdemeanor to hunt, pursr e, take. xiii or de.
stroy any quail, wild ducfs grouse or part
rICge between March 1st nd October 1st of
any year; or SO deal with q owes between Jan
uary 81 and July 1st of any year. TO have
such birds in ones posses sion between such
dates IS a misdemeanor. There is an excep-
ton II the bird is used Ior food.
This was construed tc, IMPLY that if the
game were to be used 3 5 food. it could he
killed at any time; anCl indeed that is the
construction that 50 me persons have
placed on the law, wh lie at the same time
knowing 1t was neve + intended TO grant
such license.
Crlttenden Robins on, President of the
State Sportsmen's Association, at once
addressed letter to Attorney General
Hart on the subject in which he said:
NY attention Is cali cd to a recently rendered
opinion from your Office which is very tar
rS'chliiS' ana practh ally abolishes code OF
St'llie llNS cI tue - ate. That portion OF the
statute referred TO if your letter was enacted
lof Ihe purpose, Olely and eNClUsiVClV of
preventing the wa ntOn destruction OF s;i7up
without using the same Tor food dtsiag the
"2tt S'dSotl only e october 1st 20 March 1st)
ana particularly deer, nich have leen
stahG- sefeu IN coantless numbers Tor their
Pgl1s Iolle ne cS-rNtisses lett to rot, unused.
Wherever Killed TIE opinion, 4 leel, m It
nANe been Euri1G'lIy written ana its effect not
duly considered
am Tie Presto raut of tho Gtu+o G..o,t
- fissICitl'OA, h2.NlHE large memb erSh!p
tllIouSnoUt the STATE and the subIec herein
mas mas oeeA reIerrt q t. me AS stated, the mat
tt' u oi HISt IN .J01tance to the game inter,
oI the state. = lease leJ me hear from you.
IN response TO Mr.. f}obinson's letter
oregon Sand CTS. Deputy Attorney { en-
eral, wrote as follows:
Yours OF 2 ii Clt. received. | agree with
you IN your construction Of the game laws:
'o,ciIou OEO renal Code, t1tuteS OF 1891.
rage 4 = he killing OF game is not Hiota i5t
Se or fong tf itself, but is wrong only when
LOT LOT the publ GOOD, il is prohibited by statute
4ue DeSt OF citizens, through lack OF acduaint-
ance With L tw, are liable 10 Vio,ate ii.
Ohuer tue eighth paragraph OF the statute il
Is Is i Inlsden eanor 10 XIII amy Of the birds or
other ANN ais therein mentioned at 0a4 time
Of me HetT, whether during the open or closed
season "Caless the carcass Of such animal or
olrd is us ed or preserved by the per. on taking
OF stay in ; H. or is sold Tor tOOd
ms was enacted to proven { the wantoa and
WaSteIut destruction of game by persons who
are not IN pursuit OF 1ood either for them
serves or for Others, but who Kill Tor mere
amusement or lor the hides OF animals The
Jaw lsa good one and should be Iigtuly en-
! iorled, or game is becoming scarce III the
state, and the food supply OF i country can
not bt too great. do not think any one in
TINS Office ever meant 10 express views differ
lug irom these.
This is the rational view to take of the
matter. The law does not say that game
may be killed at all times Of the year if
1t be intended for food, but that it Shall
not oe killed, at any time, except to be
useot or sold for that purpose. There are
persons who would be glad of the discov-
cry OF taw or ambiguity in the code,
mat would enable them to kill game at
an 2 and all seasons OF the year, but it is
gratifying to know that none exists.