The record-union., 1897-12-01
THE RIGHT OF PRESERVES.
Explanation of a Matter Which
Some Do Not Understand.

Some Do Not Understand.
When the legality of game preserves
was attacked some three years ego,
| Field Sports at once entered into the
fight with a firm determination to
place arguments, both of equity and
law. before the public in such shape as
to convince everyone, not only of the
legal right of any club or individual
to preserve land for his or its use. but
that such legal right was founded upon
the most even-handed justice. IN pur-
suance of this resolve we have pub
lished scores of articles giving decis-
| ions bearing directly upon the ques-
ton, handed down by the Supreme
Court of the United States. and of our
own and other Supreme Courts. as we'll
as carefully considered arguments on
the rights and privileges of the individ-
ual, as based upon those principles of
equity which all nations have agreed
are the foundation of civilized govern
ment.
AT the beginning of this campaign of
education we We're opposed by an or
ganization in this city, at least numer-
| ically strong. and by every paper pub
lished in San Francisco and great
y
paper and every writer who opposed
us was promptly met with arguments
and legal decisions from the highest
State and National tribunals, and cne
by one they We're silenced. Many of
the papers which at first opposed us,
becoming convinced of the rectitude of
our position, are now our allies. Many
of the men once prominent in the or
/ "a r1iz WI haI oh ba
overthrow of the few preserves then
existing, have changed base and are
| now members of preserve clubs Hun
dreds of individuals, seeing the JUS
tice of the holding of property for sucn
purposes and the benefits accruing
therefrom, have organized and secured
holdings for preserve purposes. and the
number of such clubs has more than
doubled in the last year
There are yet. however, a few papers
in the State-very few-that still per-
sist in opposing preserves. Among
these, and whose attention we wish 10
especially draw to the subject, is the
Bakersfield californian: paper
which we always peruse with pleasure.
and give credit of being conducted
with more than average ability In
/
the Kern County Gun Club we must
take issue with it. at the same time
/ feeling satisfied that like many others
before it, it has been led into this posi-
tion because of the fact that the
thought given the subject has only
been superficial This is most reason
able to suppose on the part Of jour
nal in no way devoted to conserving
lA Nd ,,IA 81
stituents, but rather looking to their
material interests and we'll being. And,
from the good judgment it has shown
in other matters which naturally come
within the scope of its labors and which
therefore have received that careful
study necessary to a proper under
standing and a clear and forceful pre-
sentation. we believe that the Cali
fornan" will, after it has given the
game question the necessary thought,
be found laboring faithfully in the in
terest of every method for its preser-
walton.
From the little attention which each
new commonwealth has given to It's
game until the once bountiful supply
has become greatly diminished, 1t IS
very natural that it should be looked
upon as something which is free to
everybody to take at Will, as suits thelr
| convenience Therefore when the de-
creasing supply admonishes our law
makers that restrictions must be placed
upon its capture, and they enact laws
| for its protection only during a short
provocative season, these laws are even
then unpopular, though any thought
| full mind must see that they are surely
necessary. After a while the public
| becomes educated TO the justice of these
| laws and they are almost universally
! acquiesced in. But the rapid diminu-
/ ton of the supply goes on, through
the negligence of our officers in en-
| forcing the laws, and it becomes nee
essary to place further restrictions on
its capture Sooner or later this has
to take the shape of a law against its
| sale, and then those who have only
given the subject superficial thought
are ready to denounce such laws as
class legislation enacted in the interest
of the wealthy sportsman and denying
the poor man the privilege of making
a. living, ETC. But the community
grows, and where but a few years ago
there was but one gun directed against
it's game now there are a hundred or
may be a thousand. AS the State be-
comes populated the cultivation of its
broad acres increases, and with that in
crease comes a corresponding decrease
in the breeding grounds and feeding
grounds of the game, which, coupled
with the increased number of those to
destroy it, rapidly diminishes
With this still greater scarcity comes
the preserve club, and another cry goes
up. and we hear that ever-present and
much abused Shibboleth, "the rights of
the poor man are being infringed.' .
Now we have taken the shell off; let
us examine the kernel and see what
there is in this cry or any other that
has been raised against game protec-
ton or the rights of preserves. When
we make an examination of the very
life germ of the whole subject we find
that from the time of the Salic law
down to the present no civilized nation
on earth has ever recognized that the
poor man. or any other man had any
rights in the wild game of the country
This may be news to the Californian y
but nevertheless it is true. The laws
of every civilized land on earth makes
the game the property either of the
crown or of the commonwealth. ard
grant the privilege only of taking it
under certain restrictions. The Su-
preme Court of California, in the case
of ex parte Maier, said: 'The wild
game within a State belongs to the
people in their collective sovereign ca
pacity. 1t is not the subject of private
ownership, except in so far as the peo-
pie may elect to make it so. and they
may if they see fit ahcnl11talu ,nr.nIi hi