The record-union., 1895-11-07
A VERDICT THAT SETTLES NOTHING.
The Queer Action of a San francisco
Petty Jury.
Silly Claim That the Game Law Of the
State Discriminates Against
One Glass.

The action of the jury in San Fran
cisco court. in acquitting market dealer
charged with selling game out of season,
after the accused had admitted the truth
of the accusation and the court had in
structed the Jurors that they simply had
to find whether or not the law had been
violated, was certainly queer proceed
ing.
The jury could not pass on the consti-
tutionality of the provision of the law un
der which the case was tried, and the
fendant fully expected to be convicted and
then TO appeal the case on the question
of the laws constitutionality. Therefore
the verdict settles nothing, and the next
man who violates the law will be ar
rested and prosecuted just the same.
Some persons have assumed that the
law oiscriminates against someone, and
that the courts will not uphold it. The
truth is, the law does not discriminate.
i declares that everyone may Kill game
from October 18th TO February 10Th.
There is no discrimination there. GER
tainly. And surely the State can say at
what times game may be sold In market
it may even prohibit such sales az all
times, and many States have done SO.
There is but one point 10 be considered,
and that does not 60 10 the constitution
atty of the law at all. The question is,
cannot the evil effects of market shoot
ing be overcome and yet give those who
do not care to shoot an opportunity TO get
some game at any time during the open
season? True, il man has no taste for
shooting, or is too lndoient TO go out and
shoot game for himself or his family-in
short, if he fails to avail himself of the
privilege the law accOrds to everyone
alike-he really has no cause for COM
plant.
Still, If the interests of game protection
can be subserved in some other way than
is now provided by law, it might be we'll
to adopt method that would afford the
lazy portion of each community, and
those who prefer TO hunt the MIN BILE dol
lar rather than the ducks and quails, an
opportunity to buy their game. This
could probably be accomplished by limit
ing the number of birds that any person
may kill In a given period, either day,
week or month, as the Legislature might
determine.
A provision Of this kind would hold all
reckless game slaughterers in check,
while making it possible for anyone 10
obtain game in the markets.
But all the talk that is being INDUCED
in about the present law discriminating
in favor of one class and against another,
is simply "rot." If the law permitted a
sportsman to sell game. but denied that
privilege to the professional market
hunter, that would be discrimination.
Or if it allowed one dealer TO sell game
before November 10Th but cut off another
dealer, that would be discrimination.
The law as it stands, however, is gen.
eral in its application, and all men.
whether market hunters or otherwise,
may kill birds without limit between cer-
tain dates. The sale OF game, however,
is limited to certain other dates that af-
feet all men alike.
II there is discrimination in this, it
would take microscope to find it. 1t is
no concern of the State whether or not
there is a class of persons who do not
care to avail themselves of the privileges
granted to all alike, and the higher courts
viii no doubt so hold should the question
ever be brought before them.
Il has even been said that the law
doesn't permit a market hunter TO shoot
ducks or quail before November 18th,
and possibly some persons have been led
TO 30 believe. That is nonsense. Any
man who so desires may shoot AL the
game possible after October 18th, be he
mechanic, laborer, clerk, banker or
market hunter. The law simply declares
that no person shall sell game before No
vember 10Th, and that it has right TO do
SO no Intelligent person can deny.
Consequently there is no discrimina-
ton. There may be question of pro-
priety, or OF concession in favor of tho
sluggards but that is all.