The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1893-06-17
GAME OF TIE STATE.
Boards of Supervisors May Change
the General Law.
The Sacramento Board Has Already
Done So, and Others should
Follow Suit.

A striking illustration of the III effects
of that provision of the State Constitu-
ton which prohibits special legislation
for the different sections or counties of
the State, is the general game law, which
establishes the same dates for the open
ing and closing thereof for Siskiyou as
for San Diego.
With almost equal consistency might
New York fix the open and close seasons
for Georgia, for the grounds inhabited by
the wild game of California-taking in
the mountain and valley districts-are
subject to about the same differences in
climatic conditions as prevail on the At
lantic seacoast.
1t was therefore wise on the part of the
Legislature to provide in the County Gov
erment Act that Boards of Supervisors in
the several counties may. by enacting
local laws, suspend the State law.
1t had been held by some that this is
special legislation, and would not stand
TEST in the courts. But is II so? The
legislative provision is general, inasmuch
as 1t gives equal powers to all Boards of
Supervisors. The local laws established
under this system are no more special
legislation, therefore, than are any other
local regulations made by Supervisors.
Recognizing the inability OF the Legis-
lature TO provide a general law suitable
Tor all sections Of this great State-em-
braclng as IL does some seven hundred
miles of SeabOard from north to south
and taking advantage OF the provision in
the County Government Act referred to,
the Supervisors OF Sacramento County,
acting on the RECORD UNIONS sug-
gestion, in April last enacted a local game
law suitable to the conditions in this sec
ton, and now the subject is being agi-
lated by the sportsmen and press OF sew
eral counties.
Even the State Game Commission
has taken up the subject, and is about to
request all Boards OF Supervisors to enact
suitable local regulations that will save
the half-grown quail from ruthless
slaughter in the month of September.
The board recently submitted the ques-
ton OF the constitutionality of the pro-
vision in the County Government ACT to
its attorney, +. Z. DeerIng, and he has
rendered along opinion thereon, in which
be holds that the Supervisors have such
power, much TO the satisfaction OF sports
men in this part Of California, and, in
fact, throughout the entire State. From
the attorneys opinion it appears that
such power as the Supervisors have over
fish and game they derive from sub
division 297 of Section % of the county
government bill and from Section 636 OF
the Penal Code. These provisions are
parts of Acts re-enacted at the last session
OF the Legislature.
From all the provisions of law Mr..
Deering draws the following important
conclusions, which will be found of great
interest to the sportsmen OF the State and
all others interested in game protection ::
MR.. DEERING's OPINION.
First-Wlth respect to fish, l consider
IL
power to pass an ordinance either as to
the close season or as to nets and SCENES
that Is IN conflict with the general laws of
the State upon the subject Section 29b
above quoted, authorizes Supervisors to
make regulations for the protection of
Tish and game, and says that when regu-
lations are made relating 10 game, not
fish, the laws of the State are suspended
in that county. The regulations made by
Supervisors for the protection of game
are declared to Supersede the State law
but the same declaration is not made as
TO fish. The Supervisors may make reg
ulations Tor the protection of fish, but
such regulations do not suspend or take
the place OF the State laws. AS to fish,
the local ordinances must be consistent
with the general laws.
The plain construction of this provi-
sion OF the county government bill is
that while Supervisors are authorized to
ulsAk6 ItA NlAdLlOlS lOI the projection OF flSh
as well as of game, as those regulations
are declared to suspend the State law only
IN respect to game they cannot suspend
them as to fish. Therefore the State laws
as to fish remain in full force, and local
ordinances must be consistent with them,
That this was the intention Of the Legis-
lature also appears from Section 636 of
the Penal Code.
OPEN SEASON FOR FISH.
Oh
son Tor fish, but they cannot Iengthen it.
Again, Supervisors have no power to au-
thOrlZe the use of net or seine with less
than a seven and one-half inch mesh.
They must act i'll harmony with the State
law, which makes it a misdemeafor to
use for catching shad or salmon a net or
seine with meshes less than seven and
one-half inches in length. Supervisors
are not given power to make regulations
as to nets and seines that will supersede
the State law. The only instance in
which their ordinances have this effect is
when they relate to the protection of
game, and this is for the reason that the
very law giving the power to pass the
ordinance as 10 game says that the State
law shall be there suspended.
DIFFERENT AS TO GAME.
With respect to game, I am of opinion
that to protect the game itself SuperVis-
ors may make regulations which Shall
take the place OF the State law, and
should the needs Of the county REQUIRE
longer or a shorter or different close
season, the Supervisors may prescribe
this also. 1t must be borne in mind.
however, that the regulations must oper-
ate to protect the game, and that the
close season can be changed only when
the needs of the county require il, or
when 10 change it would be a protection
to the game.
Win respect to deer il is mart Of ,bo
history OF the law as il now stands which
permits the killing of deer from Septem-
Der LIST TO October 10Th, that six weeks
was intended by the Legislature to be the
extent OF the open season, and | am of
the opinion that Supervisors may change
this period of six weeks so as TO make it
begin on the LIST OF July, for example,
ana end August 18th, if such a recuIa-
ton would be for the protection of deer
in that county, or il the needs of the
county make it advisable.
CONFINED TO COUNTIES.
wish to call your attention, however.
to the fact that Supervisors can legislate
only for their county, and that persons
will be protected by the ordinances only
as long as they are in that county.
1t is a misdemeanor for person to
have in his possession any deer at a time
when it is unlawful TO kill deer. The
code makes it unlawful to kill deer ex-
cept between September LIST and October
18th. Therefore, while the Supervisors
of Marin County, for example, might
Tor that county change the open season
for killing deer to the six weeks begin
ming July LIST, yet If any sportsman from
San Francisco should shoot deer in Marin
Comfy in July and take il into San
Francisco or any other county where the
General law had not been changed bv the
SS,,,,arvisorS he would subject himself 70