The record-union., 1895-08-15
LOCAL ORDINANCES rs. STATE Law.
Counties May Shorten the Open Sea-
son for Gamey
Eut Cannot Extend It--So Declares the
Attorney-General OF the
State.

About the 1st of July numerous in
quiries were received by the RECORD
UNION as to whether or not Boards of
Supervisors had the power to fix any
dates governing the open or closed sea-
son for wild game differing from those
fixed by the general game law.
These inquiries were made for the
reason that certain counties had local
ordinances shortening the season for deer
shooting. The open season, as fixed by
the general law, is from July 18th to
October 10Th, but certain counties had
shortened the season. Ia some it is from
July Goth to October 1st, others from
August Ist to October 10Th, and SO on.
Owing TO this difference in dates, per-
sons who desired to hunt deer on July
25th wanted 10 ascertain whether or not
they could do so in counties where the
dates were changed by local ordinances,
and RECORD MON reporter called on
State Fish and Game Commissioner J.
NJ. Morrison to inquire what the COM
mission understood the situation to be.
MIR. Morrison submitted the matter to
AttOrney-GeneraI Fitzgerald, and yester-
day the following reply was received
from that official:
81 II. Morrison, Fish Commissioner,
.SucYdnleHtO-DEAR SIR: In reply TO your
favor of July 18th, asking whether or not
Boards of Supervisors have power to eX-
tend the closed season for deer beyond
the limits prescribed by the game law of
1875:
i refer you to my letter of June II,
1885, to the California Fish Commiss ion,
in which l state that Section y of Article
Il of "a tut "a
Boards OF Supervisors the power TO enact
any laws in regard TO the regulation of
fish aud game which are not in conflict
with the general law.
las the ordinance extending the closed
season would not be in conflict with the
general law, it is my opinion that the
Boards of Supervisors have power to
enact such ordinances. However. any
attempt on the part OF Board OF Super
vis0rs to extend the open season would
be III direct conflict with the nsh and
game law Of the State, and would there
tore be invalid. Respectfully,
W. 4. FITZGERALD,
" Attorney -Generaln
Briefly stated, Attorney-GeneraI Fitz-
gerald holds that Supervisors may con-
tract or shorten the open seasOn-which
meaus extending the closed season-but
that they cannot shorten the latter
OF course in either case there is an aD-
parent "cOufiic" OF dates out no conflict
with the spirit OF the law. which is for the
protection OF game. Therefore, in a
county where Dv local ordinance the
open season is made to terminate on auy
date prior 10 October 10th, such ordi-
nance supersedes toe State law and must
be observed.
There are some who hold that any
county ordinance the dates Of which con-
tiict with those OF the State law-whether
they shorten or lengthen The Seasons
are invalid; that ali laws must be gem
eral, and that ii il is lawful TO shoot deer
in one county III July, it Is lawful to do
the same in any other county.
However it is not likely that anyone
will voluntarily contest this issue, but if
a person should, through ignorance OF a
county ordinance, be convicted OF violat-
ing such ordinance while he was comply
ing with the State law, he should test the
matter IN the courts.
These varying ordinances are very an
noying 10 persons going into different
counties during the summer, and it
would be good thing 10 have the courts
definitely determine The question Of their
validity.