The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-03-12
AS TO game AND FISH,"
Provisions Of the Act Of the Last
Legislature for Their
Protection.
The Severe Penalties Provided for
Violations of It's Several
Provisions.
1nfOrmor s Got Half the Fines, but Pay
All the Costs II No Case Is
Made Out.

Made Out.
The Legislative. at ito session recently,
passed "A law for the protection Of game
md fish. Many inquiries have since been
made by sportsmen regarding the new law.
and for their benefit its provisions are
given below.
The, law makes it n misdemeanor to shoot
or othe. wise kill. for a period Of ten years,
any bison. buffalo. or quail or Chinese
pheasant; and for n period Of six yenrs it
likewise protects moose. elk. otter and
beaver. The penalty for ench offsnse 10
from 5000 to $500 fine, or imprisonment in
the county jail for from two to six months.
or both fine and imprisonment, at the dis
erection Of the court. The possession Of the
skin or meat. or offering for sale the I'M
mounted head or horns of any such ami
mails during the re, iod mentioned. is to be
prima facie evidence that the person hav-
ing them has killed the animals
in violation of law. At tho OK
piration OF the time of prohibition.
the open season for killing the animals or
birds named is to be from Aug. Is to Dec.
II. No female bison. buffalo or moose can
be shot even then. The penalties for vio-
lation arc the same as for killing them dur
Ing the periods Of prohibition. The open
season for white tail deer, black tail deer.
mule deer, mountain sheep. Rocky mount
ain goat and antelope is also from Aug. Is
to Dec. Ii. The penalty for killing them
out of season is from $50 to 800 fine for
each offense. or imprisonment in the county
Jail for from thirty to sixty days. The
above provisions are not to apply to per-
sons who have raised or own the animals
they kill, or to those who have to kill
beaver to protect their water rights. No
one. however, can catch any beaver on pri-
vate property without consent of the owner.
A penalty Of from $50 to $500 fine. or
from one to six months in the county jail,
or both fine and imprisonment. ia imposed
on any one shooting or otherwise killing
deer, mountain sheep. Rocky mountain
goat or antelope for the purpose of Irocur-
ing their bead or hide only, or for purely
speculative purposes, or for market or sale.
A further hne of from $40 to 1926 is inn
posed for hunting, chasing, bounding or
running them with dogs at any time of the
year. Marten and fisher cannot be trapped
penalty of from $40 to S25 fine for each Of
tense. f. ON Aug. Is to Nov. Is ls the open
season for grouse. ~Irairie chicken, pleas.
ant. fool hen, sage hen, partridge and
sp.pe. 10 kill them out Of season, or to
kill them for speculative purposes or for
punishable by from $25 to $50 fine for each
offense. 1he open season for wild geese or
wild ducks, brant or swan ks from Sept. l
10 Jan. l. To shoot them at other times
means a fine of from $40 to $25 for each
~offense, or not over thirty days in the
county jail, or both fine and imprisonment.
It is made unlawful TO shoot robin. meadow
ark. thrush, f1ecker or yellow hammer,
oriole, mocking bird, gold finch, snow bird,
,edar bird or any other email birds known
as singing birds at any time. under g
penalty of from So to $40 fine for ench
otfense, or imprisonment in the county jail
or not over thirty days. ut the discretion
VI the court. Tho Same penalty is pro-
1ided for wilfuIly destroying the nesta or
.ar, ying away the eggs Of any birds or wild
owl mentioned i'll the act, and the possess
lion of their bodies 10 prima facie evidence
hat the possessor is guilty Of killing them.
The main provisions of the new law on
he subject of fishing are as follows: A
ishing tackle consisting of n rod or pole.
inc md hooks. is to BIO the only lawful
means by which fish may be taken in any
II the wAte:s of the state. The hook must
lot be baited witt any poisonous drug or
ubstnnce, md it is unlawful to make any
tams or use any fish traps, grab hooks or
imilar meAns for catching fish. No
peckled or mountain trout can be caught
v tAy sAlido hukl o6CEs w "
market. or for sale, and it ia unlawful for
ny person to sell or offer for sale any
psckled or mountain trout in this state:
Provided, TINT q seine or catch net hav-
ny a mesh of not less than
ne inch square may be used
he Great Falls and in the Yell owstone
liver below Clnrk's fork. Nothing in the
ct ia to prevent the use of seins or nets for
he purpose of taking fish to lie trans
lanted into private ponds, fish pools.
ountains, aquariums for the purpose OF
Ireeding; provided that no speokled or
uouutaln trout or other small fish can be
AIKEN or caught. except from private ponds
y owners. IN any manner, during the
nonths Of May and June. All bitches or
rains leading from natural streams must
. protected at the junction of the ditch or
rain with the natu, al stream by Il CRATE of
OF more than one-half inch in mesh. The
rate must be placed Mt the junction on
ept. l and removed on March l of each
ear. 1t is the duty OF the person or per
ons using the ditch or d. ain TO see that the
rate is placed III proper condition aud
ept in good repnir. Any violation OF these
rovisions is a misdemeanor, punishable
pom conviction by a fine of not less than
20 nor moro than 800. or imprisonment
or not more than six months, or by both
ne and imprisonment.
The use of oinnt powder or other explos-
70 compound to catch or kill fish is made
felony. and any one caugh, ut that prnc-
co is, upon conviction. to DO punished by
ON 5000 to $500 fine, or imprisonment in
40 penitentiary for from ono year to three
ears, or both iino and Imprisonment
here must be constructed Mt all dams on
ny stream Il fishway or ladder from three
b six feet in width. 1t must extend from
10 bnse to the npex of the dam, and must
0 strongly constructed OF at least two inch
lank. with tho aides not less than one foot
height. and wings on the inside Mt not
iore than TN angle Of forty-tlve degrees.
nd not over foul feet apart on each side OF
ny fshway or ladder. The ~chanuel be-
yeen the wings must be one-fourth the
idth of the tishway or ladder. md il to have
slope of not mole than thirty degrees.
ersons who neglect or refuse to build fish.
ays Mt dams are subject to Il fine of from
so to 5000, or imprisonment in the county
Ill for from thirty to ninety days. ut the
lscretion OF the court. Persona having
Rwmills on streams containing fish, are
Fquired to 30 care for the sawdust az to
revent it minGlinI with the waters of that
tenm. 1t il also made unlawful to DROP.
umr, or cast amy quantity of snwdust,
nrk or debris in tho stream. The penalty
pr violating the provisions against con-
animation OF streams BY sawmills is from
80 to 500 fine for each %offense.
Agents or other employees OF stage, ex-
ress or railroad companies. are forbidden
receive for transportation or carriage, OF
sell or to offer for sale, nny tleh or Qnme