Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-08-08
rrsn AND GAVE LAW.


There has been some discussion
among sporlsmen and dealers In Wild
game az 10 the oustiluiionality Of that
part OF tho local iish and game law
which makea IL unlawful for any per-
son to "have In his possession In the
Territory the whole or any part Of the
dead body or carcass Of any ok, deer,
buffalo or bison, antelope or mounlain
sheep, tr any lawn or young u any
Of said animals, between the sixth
day ~ December and thv hfst day Of
September following" aud n number
Of inquiries have been made upon The
subject. The points taken against the
statute are that II Ia for the protection
Of fsh and game within the Territory
add therefore 10 prohibit the possession
OF sale oi game taken lawfully without
the Territory Ia inconsistent with the
general purpose OF the law, and that II
IL an infringement Of individual
rights and beyond the legitimate
police power Of the Territory TO make
unlawful within its borders the posses.
sion oi private property whloh may DO
legally held In another state.
The supreme court Of California has
jus, passed upon this very question In
a contest before the courts OF that state,
in case where tho carcass " a deer
had been shipped In from Texas. The
California statute 10 la almosttho sans
language as ours, anu In addition TO
the objections noted, u was urged that
IL violated the Constitution OF the
United States In that IL was Rn attempt
10 regulate interstate commerce, by
designating as unlawful tho possession
Of game brought from another state
A. such commerce regulation Is wholly
committed 10 Congress. The court held
that this objection wa, not we'll taken.
Regarding the first Of the points taken
against the local statute tho court
says;
10 ~ truo that tho law IL intended for
the protection OF game within tho state,
but it by no means follows from that fac.
that u IL not the intention az m ans 20
accomplish that very end to prohibit the
snlo Of tho moat OF tho animals procured
elsewhere. There can be- no serious in
Jury TO any one under such regulation,
no any person imports tho meat OF toe
dOnr into the safe he does 10 with his eyes
open, uudOr such circumstance he can.
uol complain ~ no Is prevented from
making d uso OF tho article which the
legislature has declared 90 DO detrimental
To the well being OF tho ate.
The remaining objection to the law
In also disposed Of by the court, which
uses the following language;
The wild game within state holonga
10 Tho people iu thoir collective sovereign
capacity. 10 IL not tho suuioo. oi private
ownorship except In 40 far a. the people
may clcct % make 10 w, aud they may u
they soc 10 absolutely prohibit tho taking
OF 10, or any trafilc or commerce with it,
if dccmei necessary Tor its protection or
preservation OF tor tho public good, no
this oxtent 10 Ia conceded that tho state
may go. But % h commended that 20 20
farther aud prohibit the sale OF game law
mlly killed elsewhere aud brought here
us private property 10 In effect 10 destroy
private property, and that this h going
beyond a proper ONerlion ~ tho police
power. Whilo IA lruo that tho power 90
regulate Is 100. tho power 90 destroy in
its absolute s0use, D. IL nevertheless rue
that tho right Co regulate frequently aud
no. a necessary sequence carries with 10
thn right 20 30 control and limit the use
ur enjoyment OF private property MS 90
amount Co It, sgruction, Private
Interest must yield 10 the public udyuu-
uge.
Tue same reasoning applies 10 the
statutory provisions regarding the M.
| huml possession of iish aud tho con.
nscalion Of h-hing tackle uuder cerlaiu
conditions IN the Gaze Of any question
10 ariing the local statute, the decision
oftnc California court would form a
strong precedent Tor a like ruling here,
and from its position any who feel Ia.
u.uyI O. make o test Cnss may learn
| what they nave to meet a. matters
stand at present, the en'uIc. meuy OF
lnr law is sufficiently lax, because o..
tho Iuitulty OF securing evidence tor
conviction IA Prosecution. II u
| petty generally known that the statute
lot tho protection OF hsh AMI game 1,
frequently eyaieI, to say the lea'ti
auI 10 Ia tho duty, as IL ought to be tn,
plos,uge, Of every oiHziu to aid the
uuios-s Boo is endorsements
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