The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-06-26
The New Game Warden Will
Have to Bring Suit for
His Money.
LEFT OUT OF THE TAX LEVY.
Auditor BroderiCk to Follow the
Decision of the San Diego
Superior Court.

A. F. Mogan, the newly appointed Game
Warden for the City and County of San
Francisco, has discovered that he has
troubles of his own. At first he was enyied,
since it seemed as if his greatest labor
would be finding game to protect. This
was mistake. His greatest difficulty will
lie in getting his salary.
Auditor Broderick says he will refuse to
order his warrants paid. This results from
the fact that the Superior Court of San
Diego County has decided the portion OF
the fish and game law providing for the
appointment of Game Wardens to be un-
constitutional. Mr. Broderick said:
left two items out of my estimate for the
tax levy. Iexplaineo to the Supervisors yes
terday that | left one out purpoSely. That
was the the provision for the salary of the
Game Warden. The expenses for the freehold
ers l overlooked and advised that it be in
serted.
My stand on the matter of the Game Warden's
salary is simple. The new law says the money
is to be paid from the County Treasury. The
Consolidation Act provides that the particular
fund from which any money is to be taken
must be designated. AS no fund was specified,
! did not provide for Mr.. Mogan's money. If
he gets it, it MI have to be by order on the
urgent necessity fund, which amounts to about
$4,000 month.
The decision in San Diego will fortify me in
could not well do so now till after the courts
had decided in Mr.. Mogan's favor
Hon. Frank H. Powers. the Assembly
man from the Forty-first District of this
City, strennously opposed certain portions
of the new game law when it was under
consideration. He argued ON the lines of
the decision of the San Diego Superior
Court. He said yesterday:
protested from the first that the law was
unconstitutional and urged that it be altered.
There are other grounds besides the fact that
the law leaves the appointing of the Game
Warden within the discretion of the Super
VisorS.
provides that every subject in an act shall be
expressed in its title, and if any subject be
omitted that the law shall be void in regard to
the neglected subject. Now, the title of this
new law says nothing about killing fish and
game, nor about Game Wardens.
Another fatal defect lies in that the new law
violates subdivision OF the constitution which
provides that the Legislature snail not pass
special laws for the punishment of crimes and
miSdemeanorS. This appears in the portion
which makes it q misdemeanor to shoot game
on any private property except salt marsh
land. The man caught shooting on private
property not salt marsh land is Disseminated
against.
The law in this respect grants the owners OF
other than salt marsh land special privilege,
since 1t allows them to protect themselves from
trespassers, while the owners OF salt marsh
lands are left without recourse. 1t also vio-
lates section l of article l of the constitution,
since it takes away the right of the owner OF
salt marsh land to protect it from the incur
sions of strangers.
District Attorney Creswell wao much in.
terested in the decision of the San Diego
court. He thought the question in line
with the matter of the election law which
he has been investigating. Speaking of it
yesterday he said:
l have not given the matter of the Game
Warden any investigation as yet. AS soon as
an attempt is made to force Auditor Broderick
to pay the salary will defend the case to the
best of my ability, though.
Since the decision OF the Superior Judges of
sesses extra weight. l will send for the briefs
in that case and the text of the decision rem
dered. This will assist me materially in
handling MrpMogans claim.