The Anaconda standard., 1899-05-23
It CANNOT Be ENFORCED
Defects of the Fish and Game
Law Pointed Out.
LAW is GOOD IN ITSELF
Not a Dollar OF Appropriation to Pay
Expenses Nor Any Way OF Rails
ing Funds - State Board Is
Absolutely Powerless.
To the Editor of the Standard.

game and fish laws of the state which
I desire, through your permission, to
answer. At a meeting of the Sports
Lake asserts that the game laws of
Montana are as good as those of any
state in the Northwest, with the prob
able exception of Wyoming. For any
one studying the laws of the state this
statement will call forth lively dis
cussion. The law itself is not so bad,
but from the lack of means of enforce
ment it amounts to practically nil. The
state board of game and fish commits
sioners, of which the writer has the
honor of being chairman, has certain
powers, privileges and duties defined by
law, but there is not a dollar of appro-
prlation to pay expense. nor any way
of raising funds except through fines
that may accumulate through the very
slow process of convictions by county
wardens. The state board is absolutely
powerless, and without funds it is no
wonder they have done little. A REM
edy for this was proposed at the last
session of the legislature, which would
have made the work of the commission
self-supporting. The bill failed to pass.
For this I have neither criticism nor
complaint to offer, save that the pur-
port of the bill certainly must have been
misunderstood. The fact remains that
the old law, the present law, is in force,
and gives the commission power with
no funds to work upon.
The power of appointing wardens lies
with the county commissioners. The
law says when 100 taxpayers petition
for a warden the county commissioners
must appoint one. A further clause
states that the salary must not exceed
$100 per month Wardens have been
appointed at s100 per month, and even
without salary. But still further
clause states that when, in the judg
ment of the commissioners, warden is
not necessary they may vacate the Of
flee. There is no communication be-
tween the county commissioners and
the state commissioners. The wardens
| feel that they are amenable to the
| county commissioners rather than to
| the state commissioners, and will secure
| longer tenure of office by pleasing the
| county commissioners. What is the re-
suit? The position of county game and
| fish warden is vacated in nearly every
county in the state. The people raise
| the cry of taxes, the commissioners see
the loophole, they all say it is the busi-
| ness of the state and not the county,
and the enforcement of the law is then
left to sheriffs, constables and peace
| officers. What is everybody's business
is nobody's business and the game law
| becomes and is in most places, even in
Silver Bow, dead letter. Teton has a
warden without pay, Missoua one at
$75 per month and he pays his own ex-
| penSeS. Ravalli has a warden, and. SO
far as I know, that is all. Flathead re-
fused to appoint one, though two con-
victions have been made and big pc
tition was presented. Deer Lodge had
a similar big petition and they refused
to appoint. One of the large eastern
| counties refused to appoint because one
man could not cover the territory, and
| hence they would not appoint The
| laws are not enforced and apparently
| cannot be enforced. l have dozens OF
letters, from every portion of the state
and they all tell the same sad story, the
destruction of birds and animals. The
great state of Montana, with its wealth
of game and fish, T say from knowledge
has practically no game and fish pro
lection. and under the present law can
not have it. l am very sorry to state
this fact, making the incentive On the
part of game destroyers greater, bu
there is no way TO get good laws but BY
showing up bad ones
Again, the laws are bad in the amour
of game one may kill One man may
kill six deer, antelope or goats in E
season. Half this number is sufficient
and there is no way of determining
how many one kills, for the services o
wardens are dispensed with in the ope1
season, and no one looks after it. How
is it with birds? In this great STATE
hunter may kill as many ducks, gees
and brants as he pleases, provided am
munition holds out. He may Kill
wagon load and throw them in tn
river for he cannot sell them. fie ma,
shoot from dawn to dawn, from Sep
tember to May. In grouse, chickens
pheasants, fool hens and sage hens tn
hunter may kill 20 of each in day, o
a total of 100 birds a day, if he cal
find them. How could it be worse
Moreover. he may begin to shoot chick
ems, grouse, etc. on August 10. Whel
any one knows the young can scarcel!
fly, and TO find a flock is to pot then
all.
| This is the present law This is it
enforcement. a letter was sent &
every county commissioner urging tn
| appointment of a warden for the coun
ty. The replies received show botl
that the state commission are held II
light esteem and that the county com
missioners will do as their constitu
ents demand, for replies have rot beel
received from dozen individuals. On
of two things should be done. Eithe
the next legislature should give tn
state board of ssame and flesh com
missioners a chance or they shoul
abolish the commission entirely.
In this connection I beg to state tha
there is a state game and fish war
den. r. A. Wagner of BoZeman, witt
, the present conditions he works unde
! | great difficulties. A few hundred dol
| lars received from fines will be use'
by him to punish Offenders so long a
: it may last Friends of game and fs
throughout the state arc u"~Hd tC cor
resnond with him, or send it to IN
| and I will forward, and advise him o
| violations of the law.
= But there is another and a very i'm
| portant element in the law not We
| considered. 1t is not the Indian. Fl
. Is bad enough, and kills the game an
: time he can find it. 1t is public ser
| timent. The people in this state haV
had such an abundance of game haV
7 killed when and where they pleased
/ | until they either cannot or will not ST
the necessity of using moderation an
= of heing under restraint. / make hDl