The San Francisco call., 1899-12-06
RACING.
FOOTBALL.
GOLF
II S41ITS rr11r
GAME
LAWS ARE IN
JEOPARDY
Supreme Court Decision May
Upset Police Regulations
in Many Counties.

Justice Temple Of the Supreme Court
wrote an opinion yesterday in the Stanis-
laus County anti-game shipping case which
may be made far reaching. A short time
ago James Knapp. a market hunter OF
Stanislaus County. in order TO test the
ordinance, attempted to ship two ducks
10 this city. He was arrested and SEN
fenced to fine and imprisonment The
case went 10 the Supreme Court on a writ
or habeaS corpus and the petitioner was
discharged by oral order from the bench.
The decision was not handed down until
yesterday, although spOrtsmen and OFF,
GERS OF half the counties OF the State have
been anXiously awaiting II. The interest
OF the latter may be understood when IL
Is known that fourteen OF the counties
have passed "a law similar 10 that OF
prohibiting the shipping OF
game out OF the county and forbidding tho
transportation companies receiving such
game for shipment
The opinion handed down yesterday de-
clares all such ordinances as the one con-
tested Illegal and void. More than this.
the language Of Justice Temple leaves
room for conjecture in the matter Of other
ordinances now on the records OF the
counties and already projected. IL praC-
tically upsets the anti-pumpgun law OF
Marin County and may possibly interfere
with the passing OF a law limiting tho
amount hunters may kill for each day. as
proposed In San MateO County. Some Ot
the counties have passed laws Increasing
the length OF the close season for certain
kinds OF game BY careful reading OF
the extract OF the opinion following tho
cOnSutuuOnality Of these regulations Is
open TO question and may possibly pro.
the decision are as follows:
Serious question has been made as % the
power OF any county Board Of Supervisors
TO add either restraints or regulations 20
the right 10 take or kill wild game. 20 those
made by the Legislature We do not find IL
necessary for the purposes OF this case %
further
/ strictions upon the right 10 Kill game may
De made by county boards, SUCH resnla-
any class. and must not contravene any
established policy OF the state. Presumably
the two ducks were lawfully taken by James
Knapp in Stanislaus County. IL is not
charged that they were hunted or killed
for the purpose OF being transported without
the county. though such fact. n IL existed.
would not have changed the result. Hav-
ing taken the game lawfully and at a time
when II Is lawful for any one 70 shoot
ducks. the ordinance prohibiting their ship
ment Is unreasonable interference with
sary restraint OF trade. The statutes OF the
State in regard 70 game prohibit the offer
unlawful to kill such game The State reg
ulations upon this particular subject seem
complete and restrict the rights OF citizens
far was necessary 10 prevent the uD-
lawful killing OF game.
II was stated In the argument. substan-
TALLY. that the ordinance was aimed at pot
hunters understand this phrase coverI
all except spOrtsmen. Relatively a small
part OF the community only are sportsmen
A law or ordinance which would discrimu.
ate In their favor would not be a propef
exercise OF the so-called police power n
that be the manifest or admitted purpose
OF the ordinance IL Is void. FOR that reason
also.
Chief Justice Beatty adds:
The people OF the State. being the owner
OF ITS wild game. IL may be conceded that
the State Legislature could annex any con-
ditlon IL chose TO the privilege of taking n,
but a county ordinance forbiddinE all per-
sons under penalty 20 transport game law
fully taken 10 the place where they desire
20 use or dispose OF 10 Is violative % IN.
right OF private property. as defined and
regulated by general law. and necessarily
invalid.