Warren sheaf., 1893-08-10
The New Game Law.

legislature last winter, a mistake
crept in by which the killing OF ducks,
Wild geese, brant and snipe, is per-
mitted at this season, bnt not after
Sept. 1st, when the opposite was in
tended. The following from the At
torney General gives his construc-
tion OF the new laws
GAS construe the provision of the
said section 5, the killing ofsuch game
birds is governed by
The FOLLOWING REGULATIONS:
"First-Woodcock and bertram or
upland plover shall not be killed dur
ing acknowledgements November,
December, January, February,
March, April, May and June, but
may be killed during the other
months of the year,
"Second-Prairie chickens, or
white-breasted or sharp-tailed
grouse, shall not be killed during the
following months: November, De-
cember, January, February, March,
April, May, June, July and August,
but may be killed during the remain
ing months of the year.
"Third-Quail, partridge, rufled
grouse or pheasant shallnot be killed
during the months of December, Jan
nary, February, March, April, May,
June, July and August. but may be
killed during the other months ofthc
year.
"Fourth-By the inddvertence
above suggested, the killing OF Wild
duck, wild geese, brant and snipe is.
by the literal terms OF the law, pro-
hibited from and after the first day
OF September until the twenty-fifth
day OF April following, and their kill
ing is permitted during the other
months OF the year. This is so ubvi-
ously at variance with the intention
OF the legislature that deem it safe
to assume that courts, if called on to
construe the said language, will not
holdi it prohibitive OF killing ducks,
geese, brant and snipe during the
months OF September, October, No
velnber, December, january, Febru.
airy, March and April up to the twen-
ty-fifth day thereof.
Whether the law in effect prohib-
it's the killing OF aquatic fowl during
the other months Of the year IS a
question of some doubt. Parties
who indulge in that sport during the
period last named assume whatever
liability the courts may declare to
be prescribed therefor by law.
"H. W. CHILDs,
Attorney General" !"
For the enforcement Of the law,
cited by the Attorney General we
find the following provisions. (from
Chapter 124 S. F. No. 1877 laws of
1s93).
Whoever shall offend against any
OF the provisions of this section shall
be guilty of q misdemeanor, and
shall, on conviction thereof, be pun.
ished by a fine of not less than ten
dollars nor more than twenty-five
dollars and costs Of prosecution, or
by imprisonment in the county iail
for not less than ten days nor more
than thirty days for each and every
such bird so caught, taken, killed Or
had in possession or under control.
Sec. %. That section twenty-four
of said chapter be amended SO as
to read as follows:
The possession or having under
control any bird, animal or fish,
of anyof the kinds, the killing Of
which is at any or all times herein
prohibited, shall be prima facie eyi-
dence that it was the property Of
this state at the time it was caught,
taken or killed, and that it was
caught, taken and killed in thisstate,
to disprove which it shall be neces-
sary to show by the testimony Of
the party, who actually caught, took
or killed the same, that at the time
| it was caught, taken or killed it was
not the property of this state or
that it was caught, taken or killed
outside Of this state.
Sec. %. That section twenty-sey-