The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-03-06
HOW IT'S ENFORCED
Forty-nine Arrests Under Game
Law in Wisconsin.
JURISDICTION OF LAKE PEP1N
Minnesota and wisconsin Have Com
current AuthOrity-AttOrney
General Hicl1s' View.

Special to The Journal.
Madison, Wis, March 8.-Forty nine
arrests have been made by the state
deputy game Wardens since Jan. for yio-
lations of the fish and game laws, and
over $500 has been collected in fines and
turned over to the school fund. In jan
uary there was an average of one arrest
day. The several offenses were: Kill
ing deer, 10; underWeight whitefsh, 6;
illegal fishing, 5: hunting rabbits with
ferret, 8; shooting cartridges, 2; having
venison in possession, 2; having red deer
hide, /; breaking into a barn to steal
venison, l; destroying muskrat, houses, l.
for which a. 81 fine was imposed. OF the
persons arrested IS pleaded guilty, were
convicted on trial, had fine RENTED,
and had jury trials and were acquitted
w. B. Johnson of Bayfield,, charged with
having underweight whitefsh and j. W.
Simmons of Ashland, charged with hav-
ing venison in his possession. The fines
collected during the month aggregated
1858, besides costs.
In February there were eighteen ar
rests, and a proportionate number of
convictions Eleven of the arrests were
for illegal fishing, two Off having under
with ferret, having venison in possession,
killing grouse, shooting duck and falsely
labelling shipment. The fines collected
for the month footed up $155.
Deputy Oberholtzer of Eagle River
writes Game Warden Overlook that the
snow is now gone in the woods, and that
the Indians will not have much chance
to kill deer. Mr.. Overlook has ordered
the wardens to watch spring fishing and
shooting, and he will have deputies on all
the principal lakes in the state.
.'a Lake Pepin Waters.
In response to the request of Game
Hicks has given an opinion as to the
jurisdiction over the waters of Lake
Pepin, as follows
You ask for my opinion as to the iurisdic-
ton of the state Of Wisconsin and the state
Of Minnesota and the application of the fish
laws Of the state Of Wisconsin to the waters
Of Lake Pepin.
IN reply beg to say to you, the waters of
the state of Wisconsin are classified under our
statute as finland waters" and ''outlying
waters.' Lake Pepn is classed as outlying
waters. The fish laws of Wisconsin are made
| to apply to all the inland waters and to GER
tain outlying waters of the state, but not
to the waters of Lake Pepin. Therefore 1 con-
clude that tie fish laws of the state OF Wis
consin are not applicable to the waters nor the
fish contained in the waters, of Lake Pepin.
There being fish laws of Wisconsin
applicable to the waters of Lake Pepin, it
follows that fish Wardens of the state of
Wisconsin have jurisdiction on those waters
The state Of Wisconsin and the state of Min
nesota have concurrent jurisdiction over the
entire waters of Lake Pepin. Neither to the
exclusion of the other, but each co-extensive
with the waters of the lake for the purpose
of enforcing the laws Of the state. Because
] Minnesota has concurrent jurisdiction with
Wisconsin over these waters, If by the terms
| Of the statutes of that state her fish laws are
made to extend over the entire waters then
| her game wardens have jurisdiction over the
| entire lake, and any person found on such
waters violating the fish laws Of the state
Of Minnesota is liable to arrest aud punish
ment under her laws by her game wardeIs.
| In the enforcement Of the laws of the
| state of Minnesota on the waters Of Lake
Pepin, 1t is the duty of every, citizen to
render such assistance to the lawfully con-
| stituted authorities Of the state of Mime
sofa lies within his power. Particularly
is this so of the police and peace officers OF
the state. a-
| Any person found on these waters violating
any laws of Wisconsin are subject to arrest
and punishment by this state Therefore the
peace officers of Wisconsin,, and particularly
the sheriffs ofathe counties bordering on Lake
Pepin, should diligently enforce the Wiscon-
sin laws applicable to these waters, and
thereby assist the Minnesota authorities as
far as possible. ..--,E... , s-.-e.s ~ .s..