The morning call., 1893-06-16
THE GAME LAWS.
Supervisors Have Power
to Modify Them.
He Submits an Interesting Written
Opinion TO the Board of Fish
Commissioners.

The controversy among sportsmen al to
the power of the Supervisors of the differ
ent counties to alter the State game law,
with view to the protection of game birds
and animals in their respective localities.
has been decided by F. p. Dearing, attor-
ney for the Board of Fish and Game Com
missioners, who has submitted report,
from which the following excerpts are
culled:
''The Supervisors derive such power as
they have over fish and game from subdi-
vision 29B of section % OF the county gov
ernment bill, and from section CSC of the
Penal Code. Subdivision 291a reads as
follows: The Board of Supervisors have
power
To make regulations for the protection Of fish
and game; when such regula ions are made a.
provided i'll this section relating 10 game, the
laws of The State for the protection thereof are
suspended In such county; aud 10 regulate The
SIZE ana KIND OF nets aud selnes TO be used for
fishing.
Section 636 of the Penal Code. as far as
pertinent to this inquiry, reads as follows
The Board of Supervisors of the several
counties OF this Sta e are authorized by ord!-
nance, duly passed and published, 10 change
the beginning and endlng of the close season
named in section 626 of his code. so as to make
the same conform TO the needs of their re-
spective counties, whenever in their judgment
they deem the same advisable.
''These provisions are parts of acts re-
enacted at the last session Of the Legis-
lature. and the section 626 referred to in
section 636 was also re-enacted and amended
in 1898.
"First-With respect to fish l consider it
clear that the Supervisors have no power
to pass any ordinance either as to the close
season or as to nets and seines that is in
conflict with the general laws of the State
upon the subject
Section 2912, above quoted, authorizes
Supervisors to make regulations for the
protection of fish and game and SAYS that
when regulations are made relating to
game, not fish. the laws of the State are
suspended in that county. The regula-
tious made by Supervisors for the prOtec-
ton of game are declared to super5ede the
State law, but the same declaration is not
made as to fish. The Supervisors may
make regulations for the protection of fish,
take the place of State laws; as TO
the fish the local ordinances must be con-
sistent with the general law.
"Second-With respect to game, the
county government bill above quoted
authorizes Supervisors to make regula-
when such regulations are made the State
laws for the protection Of game are sus-
pended in that county.
The power is here given to make regu-
lations generally for the protection of
game-but Only for its protection.
Section $50 of the Penal Code au uthoriZes
the Supervisors to do one other thing and
only one, namely: Change the beginning
and ending OF the close season named in
section 626' of that code. so as TO make the
same conform to the needs of their county,
with respect to deer-it is part of the
III thal
permits the killing of deer from Septem-
Der l to October Is. that six weeks were
intended by the Legislature to be the ex-
tent of the open season, and l am of the
opinion that Supervisors may change this
period OF SIX weeks so as to make ii begin
on the 1st of July, for example, and end
August Is, if such regulation would be
for the protection of deer in that county,
or if the needs Of the county make it ad-
visable.
II wish to call your attention, however,
to the fact that Supervisors can legisiate
only for their county, and that persons
will be protected by the ordinances only
as long as they are in that county.
ut is misdemeanor for a person TO
have in his possession any deer at time
when 1t is unlawful to kill deer. The
code makes it unlawful to kill deer except
between September 1 and October Is.
Therefore. while the Supervisors of Marin
county, 10r example, might 10r tnat county
change the open season for killing deer TO
the six weeks beginning July 1. yet if any
sportsman from San Francisco should shoot
deer in Marin County in July and take it
into San Francisco, or any other county
where the general law had not been
cha ged by the Supervisors. he would
subject himself to prosecution.
Again the law - section 626, Penal
Code-forbids the selling or offering for
sale of the hide or meat of deer. This
law the Supervisors cannot change
Therefore, deer meat and deer hides may
not be sold, nor offered for sale; nor may
deer shot in one county under an ordi-
nance permitting it there be carried in to
another county where the general State
law is in force"
UNoFFICERLIKE CoNDUCT.-The Police
commissioners held a special meeting
yesterday afternoon to hear the charge
of unoffirerlike conduct brought by Ser
geant Harter against officers Prince c.
Peters and W. II. Wells. The trouble oc-
Cured in a saloon on Polk street on the
morning of June s. Both pleaded guilty
and expressed sorrow for what they had
done. Peters was fined S25 for using
vulgar language and the charge against
Wells was dismissed. Officer James Kelly,
No. 1, was removed from the force OIL the
ground of fncompetency.