The record-union., 1897-12-01

poor, the privilege of killing game un-
der certain restrictions. These restric-
tions provide the time-that only which
il known as the open season; the man
ner-with gun only, and not larger than
a 10-guage; and the place-only on
such grounds as have not signs dis
played forbidding shooting. This lat
ter restriction clearly gives the land
owner the right to prevent anyone from
hunting on his land if he SO wishes
But this right of exclusion is not based
on this restriction alone. The law of
tTespass gives him the same privilege
But this is not all. The Supreme Court
CT the United States. quoting from
Blackstone on property rights, and re-
ferring to game, says:
"A man may lastly have a qualified
property in animals farae maturae.
promter privilegium-that is, he may
have the privilege of hunting, taking
and killing them in exclusion of other
persons. He has a transient property
in these animals, usually called game.
as long as they continue within his land,
and he may restrain any stranger from
taking them therein, but the instant
they depart into another's land, this
qualified property ceases"
With such laws and decisions cover
ing the whole subject the Californian"
will no longer question the legality of
game preserves. Now let us consider
the equity of the subject. No one
Will deny that the farmer and stock
raiser does suffer great deal of m
convenience and oftimes serious loss
from those who shoot over his land. His
fences have been broken down, his
grain trampled, destructive fires start
ed, and stock manned and killed by
careless and irresponsible hunters, who
seem only to think of themselves and
give no thought to the damage or in
convenience they may cause 10 others
These acts of vandalism are principally
committed by boys and irresponsible
parties who, even if detected. could not
be made to repair the damage done
Shall not the landowner have some
protection for his property? The Cal
ifornian" will certainly answer yes. He
cannot afford to hire a man to patrol
his premises in order to keep these
hunters out. Then what is the next
best course? The question almost an
swers itself. Lease the hunting priv
ilege on his land, even for nominal
sum, to some club of responsible men
who will assist him in keeping out the
rabble and become a protection to his
crops and stock. If the members Of
such club accidentally injure his stock
or break down fence. the owner then
knows just where to apply for redress.
Many of these clubs keep one or more
patrolmen watching the grounds con-
tinuOusly. to the great relief and pro-
lection of the land owner.
The game feeds upon his grain. some
times to a considerable extent. Shall
he be denied the privilege of receiving
at least the cost of what the game has
eaten? To deny these privileges to
the landowner is TO deny him justice.
To compel him to suffer the depreda-
tiohs of all who may wish to tramp
and shoot upon his premises is to infict
upon him that which both law and JUS
tice forbids
The time was when every man moved
hay and cut wood wherever he pleased;
but as the meadow and forest became
private property and this privilege was
stopped did we ever hear of anyone
raising the cry that his rights had been
curtailed? Why then can his rights
be curtailed because he is denied the
privilege of entering the enclosure Of
his neighbor in pursuit of game when
in fact he never had any right to enter
that enclosure at any time or under any
circumstance.-San Francisco Field
Sports,