Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-07-08


Skowhegan; T. A. Linn, H. L. Will
liams. Hartland.
The morning and evening boats, today,
brought large additions to those already
here, and by the time the public meet
ing began shortly after O'CLOCK this
evening there was gathered in the large
music room Of the hotel a goodly number
of ladies and gentlemen who listened in
tently to what was said.
Col. Isaiah X. Stetson of Bangor, pre-
sided in a felicitous manner and intro
duced the various speakers in a pleasing
way The chief topic of discussion was
how best to secure money for the pro-
lection of large game. Hon. John F.
Sprague of MOnson, was the principal
speaker of the evening. Mr. Sprague's
speech was n splendid presentation of the
licensing proposition and was admirably
delivered. He said:
Mr.. President, Members of the Maine
Fish and Game Protective Association,
Ladies and Gentlemen
The history of law is a part of the
worlds annals of evolution. Organic
law, written and unwritten, common
law laid down in the decisions of the
highest judicial tribunals, and all leg
islative enactments are the product Of
conditions as they existed at the time
of the decision Of the court or the crea-
ton of the Statute.
AS the conditions and circumstances
of men and communities change, law
in all of it's forms is transformed with
them and adjusts itself to every new
order of things as it arises and be-
comes permanently fixed. This is the
history of every law in every civilized
Kingdom and state and it will ever be
thus as long as men have q being in
the world.
The development of the laws or III"
protection of the fish and game of
Maine is not an exception to this rule.
From crude conditions these Laws have
gradually evolved as demands have in
creased by reason of a marked rero-
luton which has gradually taken place
in the habit of the people of this coun-
try, in the enjoyment of vacations and
the seeking of sport and recreation in
the woods and upon the mountains and
lakes, with rod and gun, and from 9th IT
causes.
The rule Of law upon which is found
ed the right of the people of Maine To
control, restrict. or regulate the kill
ing and taking of game. has come down
to us through the centuries and rests
upon the fundamental doctrine that
the absolute ownership of this game
is in the Sovereign The property of
such animals 0crrd ndtrrid) as are
known as game, with the right of pur-
suing, taking and destroying them, is
prerogative and is vested in the King
alone" 2 Blackstone's Commentaries
Page 4l0 The State being our Sow
ereign it follows that the people of
Maine. through their legislative au-
thority and by virtue of its police
powers reserved to it by the federal
constitution. has complete and I'M
limited control of this game to the end
that the State may preserve it or de-
stroy it as its wisdom may dictate
The federal courts and many state
courts have recognized the people
ownership of this game in decisions
which are familiar to lawyers and &c
many others.
The State of Maine. which was for
merly the District of Maine ard I part
OF the Commonwealth of Massachu-
sets. was admitted into the Union Of
States in 1920. One of its first enact
mcnts was an act approved March ~
1921. prohibiting the killing of pickere
and trout with spears in the night
time. This was all that existing condi-
tons seemed to demand at that time
From that time onward substantially al
of the enactments of this character
were for many years applied only Il
the protection of salmon, shGd and al
wives.
This pickerel and trout law was re-
pcoied in 1910 and no further laws re.
lating to inland fish appeared until tn,
wear 1856 when the taking of trout il
Moosehead Lake with SeinS was pro
hibited This law was strengthened b,
further acts in 1858. but ii was not un
III 1867 that a similar law was passed
applying to the Rangeley Lakes. IL
1865 a Fish Commission was establish
ed and a general law enacted making
n close time for taking trout salmon
ard togue in the months of Novembe
and December only.
The first statute protecting larg
game was an act approved March Id
1898, and provided that if any person
shall. after the passing of this act. be
tween the first day of January and tn
first day of September. in any yea!
hunt and kill any moose or deer in thi
State he shall forfeit and pay for an.
moose or deer so killed, the sum o
Fifteen Dollars"
Mr.. President. only cite these earl
enactments in support of my conten
tion that the code has developed an
EXPANDED as the industrial condition
of Maine have changed. In the lish
of these facts it is pertinent to enquir
whether or not present conditions dc
mand n further change in our system
And right here l would ask why d
we preserve this game at all and VIII
do We not repeal all laws and ALLOW
the poacher to destroy il ana save a
this fuss and expense.
The answer is that the preseryatio
If our game and the preservation an
nrorp, ton of our game-tish is eS
sential to the material prosperity an
progress of many portions of the Stat
This fact is undeniable and is fraukl
admitted today by conservative an
intelligent business men. care not {
whom you make the inquiry. whethe
1t be cashiers of banks, through whic