The Kalispell bee. [volume] (Kalispell, Mont.) 1900-192?, 1902-05-21
CITY OFFICIAL PAPER.
WEDNESDAY, MAY Fl, 1902.
GAME LAW PROSECUTIONS.

Mr.. Boucher, the deputy game war
den tor this neck O. the woods, feels
deeply hurt over the disinclination of
the Justice court to sinch everybody
he brings up charged with infraction
of the game laws. He has COM
planned to his principal Mr.. Scott,
and heated the wire with his lurid
messages and prays for Mr.. Dono-
van, the attorney general, to come
to his rescue. In spite of the allega-
tons of the deputy, the officials have
not resisted many attempts at con-
victing persons for breaches of the
game law, but it is a fact that his
prosecutions have been costly expert
ments to the county courts, and some
convictions have been obtained,
which, while legal, were a long ways
from being just. Certainly one
case might be cited where a convic-
ton was nearly outrageous: When
Colonel Walker of the West hotel,
brought in from a hunting trip at
Tobacco plains, in season, a haunch
or two of venison which, as a treat
for his hotel guests, he served at din
ner one day. The game warden made
that treat cost Colonel Walker $25,
and trimmings. And there are other
cases where prosecution was not in
the proper spirit of the law. One
rest Of a man who killed deer to keep
his family from starving, although
game was out of season. 1t is a man
of poor blood who would not Stay a
deer or even a domestic animal be-
longing to some one else under some
conditions, and the justice used his
authority properly when he ordered
that mans release. He might nave
gone further and assessed a fine
upon the game warden sufficient to
take the man home again, then he
would have had proper kick com
ing. Law is law, but the game laws
when too vigorously observed become
oppressive, and the result will be
that if this sort of business is con
tinued the game will be left without
any protection at all when another
legislature gets a stand on it.
That portion OF the law designed tC
protect the game fish of our lakes
and streams which forbids the sale
of trout or grayling at any time il
the state of Montana is most unbear
able and deprives all people and fam
lilies, not sportsmen themselves, o
the satisfaction of having a mess o
trout occasionally during the season
Primarily the clause was intended
to remove the temptation to kill fisI
unlawfully, by giant powder, for tn
market, but when it was placed upo
argus-eyed deputy wardens DRAWN
pig salaries to protect the fish. Tha
section should at least be cut out G
else the wardens be cut down, a
there are certainly enough of then
with, the aid and assistance of tn
sneriff's officers to take care of tn
fish in Montana waters and prevel
their destruction by the giant poN
der route.
1t is not to be regretted that Fl9
head county has officials who will o
easionally wink at the letter of tt
law under mitigating circumstance
There are enough real crimes to fe
ret out and punish without the exc
ton on the part of the game ward,
to earn his salary by producing
the courts men who have been gull
of a literal transgression witho
criminal intent. The regulatio
maintained on a private game p
serve in England are not less rig
Gus than the Montana game law
enforced to the letter, and it is hi
time for the people to rebel; the p
pie who have no leisure to hunt a
fish or those who are obliged to
tain their support from the ga
which roams at will through the hi
and brakes of this free state or
hungry. The head hunters and h
hunters are not entitled to any I
diation, but the game wardens neN
lind them.