The silver blade. (Rathdrum, Idaho) 1895-1903, 1899-07-01
TROUT UNPROTECTED.
A Remarkable Interpretation Of the
Fish and Game Law by a
Justice of the Peace


nesses were examined on the part Of
the state as the defendant admitted
selling tish, but commended they were
caught III his private pond.
The Court took the case under adj
visefnent until Thursday morning at
10 o'clock, when he rendered his de-
cision, declaring the defendant not
guilty. The decision is remarkable
10 the extreme, for it holds that trout
are an unprotected fish. The deci-
sion was prefaced by the following
document, which was read ia court
and shows that the Justice made re-
searches through the constitution Of
the United States and the constitu-
ton of our own state ia arriving at a
decision.
"Tne constitution of the United
| States is the supreme law Of the land
and every court and every citizen owes
due respect thereto Ait. 5 Of the
amendments says in part: That no
| person shall be deprived of liberty or
property without due process of law,
and the court believes that due pro-
cess cannot be had when there is any
doubt as to the meaning of the law
under which the process is had.
| "The Constitution of the state of
Idaho is the supreme law of the state
and due respect must be paid thereto.
Art. l, Declaration OF Rights, Sec
tion ID, provides also, in part, that
no person shall be deprived of liberty
or property without due process Of
law.
The Court believes that whenever
the legislature enacts any law that Is
doubtful as to it's meaning no due
process can be had hereunder, and
the defendant is entitled to the doubt.
The law of Idaho declares money tC
be property and when person il
fined certain sum Of money it de.
prives him of property, and when hi
is committed to prison he is deprived
Of liberty.
The Court contends that the rights
of American citizens must in all cases
be held sacred and the Court in con
STRUNG thefh is no respector of per-
sons."
The decision was prepared in writ.
ing and was as follows:
The defendant during the tria
contended that he caught those fish
on his own land.
/ "The court rules that the pond re.
ferred to cannot be construed as a pri
vate pond. Sec. |, Fish and Game
law.
"The Court CONSTITUTES sec. II of the
fish and game law. That the specie
of fish commonly called trout are moi
protected against being caught with
hook and line attached to a pole O.
held in the hand, from the first da,
of November to the ffsrt day of May
Section 19 of the same act cOnstrue
that the sale of fish when not pro
tected agaist being caught by hool
and line attached to pole Or held il
the hand (and not otherwise unlaw
fully caught) they are not protected
fish. They are unprotected fish ant
may be sold without violating tn
provisions as set forth in Sec. 10 O
said act.
'.In other words a fish lawful
caught can be lawfully sold, becaus
it is an unprotected fish.
"The Court further holds that tn,
defendant in criminal action is en-
titled to the benefit of a REASONABLE
doubt that may arise either in law 0
in evidence, and when the law
doubtful the defendant must be az
quilted.
Therefore, for the reasons here
set forth, the Court declares the d.
fandant not puilfv.