The record-union., 1895-09-13
SEIZURE OF DRESSED DEERSKINS.
Attorney-GeneraI's Opinion in ReIa-
ton Thereto.
Modoc County's District Attorney
Wants to Recover Deputy
Assessors Claim.

Attorney-General Fitzgerald has rem
dered the following opinion, which, no
doubt, will be of'interess to the general
public:
California Fish Commission, rs Flood
building, San francisco, CdL.-GENTLE-
MEN: Replying TO your letter OF the I'd
inst. asking my opinion upon the ques-
tions submitted by w. p. Huestis, one
OF your deputies, as follows: Q) Has he
authority under the State law TO seize
dressed deerskins and arrest the party in
whose possession he finds them? W II he
las such authority, what is to be done
with the hides. and how is he to be re-
| loved OF their possession? and (3l after a
conviction of party III whose possession
| he finds these skins, or, after conviction
OF party in whose possession he finds
hides from which the evidence OF sex has
! been removed, what disposition is to be
made OF these skins and hides left in his
possession? am OF the opinion:
| E'irst-That Sections 626 4 aud GIG f OF
the Penal Code, as amended III 1895
(Stats. 1895, 267), prohibiting the buying,
selling, or offering for sale the hides or
meat OF deer, and the buying, selling
or having i'll possession the skins
or hides or any deer from which the evil
dence OF sex has been removed, apply to
dressed as we'll as undressed deer skins.
| The language OF both sections is very
broad and sweeping. it being the evident
intention of the Legislature to prevent the
| killing OF deer tor their hides; and to
make the same effoctual it provided that
! it would be unlawful TO buy, sell or otfer
for sale the hide or meat of deer. ETC.. or
! 10 have in ones possession the skin, hide
! or peit of deer from which the evidence
of sex has been removed. Therefore you
! have the same authority to arrest and
prosecute party buying, selling or offer
| ing for sale dressed as well as undressed
! deer skins. or who shall buy, sell, offer
or expose for sale, transport, carry or
have in his possession the skin. hide or
| Delt OF any deer from which the evidence
| of sex has been removed, whether the
| skin. hide or pelt be dressed or un-
dressed.
| Second-I am further Of the opinion
that you have no authority 10 seize or
take possession Of any hide or pelt fur
| ther than to preserve the same for evil
dence; and that upon making an arrest 1t
is your duty 20 deliver the skins or hides
SO seized by you to The magistrate before
whom the offender is tried. Respect
! fully, w. +. FITZGERALD,
Attorney General,
THE COUNTY CAN RECOVER.
John T.. Raker, District attorney Of
| N0d0c COuntY, AltuFdS, Cdt.-DEAR
SIR: Replying to your letter of the
18th ult., asking ID can the Assessor
of Modoc County and his bondsmen be
made To pay the amount audited by the
Controller and deducted from the account
| Of VI odoc County in the settlement of the
Treasurer OF that county with the State
Controller for the claim of l.. ). Smith, a
| Deputy Assessor, amounting to S505; and
| q whether the county can recover this
amount from j. r. Mcdonald, State
Treasurer, and his bondsmen, L am OF
| the opinion:
l. That under the authority of Lynch
vs.. Butte County. l02 Cal. 446, the pay
ment OF said amount to the said l.. ..
Smith as u Deputy Assessor of Modoc
| County, was illegal.
! 2. That an action will lie by the county,
jointly against the parties who illegally
received and paid the money. Respect
| fully, W. +. FITZGERALD,
Attorney General.