The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-05-01

WHEN YOU CAN FISH
Attorney General Haskell's --latest
Opinion in the Matter.
THE 1895 LAW IS IN FORCE
The Supreme Court Justices Acted
Under That Law On one OF heir
Recent xcursions to the
Mountain streams.

The Butte sportsmen who are maxi
ing extensive preparations for fishing
this month evidently prefer to follow
the example OF the supreme court
judges rather than accept the interpre-
tation placed on the chaotic game laws
by Attorney General Haskell In view
of the fact that a trio of court judges
last year went on a hunting trip in
violation" of Mr.. Haskelrs opinion as
to the meaning of the law the attor-
ney general has issued a new opinion,
advising fishermen to follow the exam
pie of the honorable judges but still
claiming that his original construction
of the law was correct. Upon this sub
ject the following from the Helena In
dependent will be OF interest to local
sportsmen:
I'm their present shape the published
statutes contain the game law, or parts
of it. of the old code, the laws enacted
by the last legislature. amending the
code laws, and the laws of 1893. The
laws of 1893 were undoubtedly in force
before the codes went into effect. The
laws of 1898 and 1895, so far as the kill
ing of large game Is concerned, are de-
cidedly conflicting. The law of 1895. ap-
proved March IL. 1895, permits the kill
ing of not more than three bull elks, or
more than two bull moose. or 100 grouse
or prairie chickens between Sept. l and
Dec. Is, which Is the open season for
such game. Deer, mountain sheep and
goat, and antelope may be killed under
the same law between Sept. 10 and Jan.
/.
THE law of 1893 permits the killing
OF these last named animals between
Aug Is and Dec. 10, and declares IL url-
lawful to kill any moose or elk until
1900 Apparently there is no conflict In
the laws of 1898 and 1895 relating to
fishing, for as far as anyone can see by
the published codes the legislature OF
1895 did not enact any new laws regu-
lating the catching of fish. When the
penal code was passed by the last leg
islature, Feb. 10, 1895, however, there
was contained in chapter one, title 16
of part one. 10 sections of the old code
game and fish law. no part of which
prohibits fishing with hook and line at
any season Of the year The law OF
1898 prohibits fishing in May and June.
Attorney General Haskell. In writ
ten opinion last fall, held that the law
OF 1893 was in effect. He based his
opinion on two points. Section 5lS6 OF
the political code, commonly known as
the omnibus act, approved March IL,
1895, expressly continued in force and
effect the game and fish laws of 1893.
That was one reason. The other was
this: The new law enacted by the last
legislature and the 10 sections adopted
from the old code, comprising in the
published statutes sections ITO to 1924,
and the laws of 1898, which are includ-
ed in section 1926 TO 1144 inclusive, were
inserted In the same chapter of the
published penal code by the codifiers.
Section 5165 of the political code says:
If conflicting provisions are found In
different sections of the same article or
chapter, the provisions of the last In
numerical order must prevail. unless
such construction Is inconsistent with
the meaning of such chapter or article
The sections concerning game certainly
conflict so the attorney general held
the last in numerical order'-the law
of 1S93-to be In force.
Under the attorney generals ruling
several arrests were made OF alleged
yiolator-s of the law of 1893. One man,
Joseph La Plant, was arrested by the
game warden of Gallatin county for
killing a bull elk and was fined 5000 by
Justice n. j. Stevenson, OF BoZeman.
subsequently the governor pardoned
La Plant, or rather took action whicn
released him from paying the fine.
From that time until Christmas II was
generally COnCcQtQ lIdA Aht ShhAS NV
of 1893 were i'm effect Then came
surprise. The day following Christmas
Associate Justice william ii. Dewitt,
OF the supreme court, and Judge Hor-
ace r. Buck left Helena for Kalispell,
where they were Joined by Judge
Charles w. Pomeroy. The three judges
then took a trip into the mountains
with the avowed purpose of killing
deer. They did shoot nine or 10 deer,
~ either The
law of 1898 prohibited the killing OF
deer after Dec. Is. but in spite of the
attorney generals opinion, neither of
the judges were arrested for viola
ton OF the law. 1t was plain that the
Judges considered the law OF 1895, In
respect to the killing OF game, In force.
The law permitted the killing OF deer
: up to Jan. i.
change OF base, but not change OF
heart. on the part of Attorney General
Haskell. Friday he received telegram
from Daniel Boyle of Billings. asking
which of the two laws prevail This
was his reply:
office has held that the game law of
1895 in the codes was superseded by the
game law OF 1898. but one OF the justices
of the supreme court. with two district
Judges, have acted under the law of
1895. BY reason of such action, we ad-
wise you that the game law OF 1895 Is In
force
.Mr. Boyle and his friends, who de-
sired to make up a fishing party. were
not satisfied with the attorney generals
answer-that is, II was not clear what
the law of 1895 was concerning fishing
To make certain. Thomas Hogan tele-
graphed the attorney general Saturday
on that particular point. The following
reply was made:
saThomas Hogan, Billings: Game and
fish laws of 1898 provide for a close sea
son during May and June, while the
fish law OF 1895 makes no provision fol