Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-02-05
THE LEGISLATURE.
CONTINUED from page So

1t may deem necessary for the public
welfare"
Now it would seem to be unnecessary
to go farther into this subject. These
decisions from our own Law Court, our
court of last resort, are clear and ex-
plicit, and settle this question of the
proposed on-resident hunters tax
law"
But, IL 1t were desirable to go fur
Their and look into the decisions Of the
courts of other states upon this ques-
ton, we have them at hand.
Bear in mind that the question is one
of the Interpretation of the Constitu-
ton of the United States This ques-
ton has been before the courts of other
states as before the U. S. Supreme
Court.
Thus we find a case reported in Vol.
%, of the Federal Reports at page 295,
where this question was before the
court, THE power of the State to reg
ulate the privileges of hunting" 1t
was an appeal to the u. s.. Supreme
Court from a state court in Illinois.
The Court says: 1.-THE sovereign ow-
nership of wild game is in the state
in trust for the benefit of its citizens.
and a statute requiring the payment of
license by nonresident for the priv
ilege of hunting such game within the
state Is police regulation, within the
power of the state, and not in viola
ton of Article 4, Section 2, of the fed
eral constitution, or of Section l of the
14th amendment, although such fee is
not required of residents of the state,
nor is the validity Of such regulation as
to a particular individual, who is
nonresident of the state, affected by
the fact that he is a stakeholder in a
corporation of the state which owns
lands maintained as a game preserve"
Now other, many other, quotations
of authorities on this point all sustain
ing the constitutionality of the pro-
posed law, might be made. but the
above are all sufficient, coming as they
do from the highest tribunal in this
State and in the United States.
Thus, the state of Massachusetts held
that town having the power by stat
ute to make regulations forbidding the
inhabitants of any other town from
taking CLAIMS within the limits. ia
Mass, page 20.
So / do not think / will take up the
time of this hearing by any further
citations of authorities on the question
of the constitutionality of the proposed
law We shall have no trouble, I as
sure you, on that score.
Now we do not ask you for any in
novation-no new or untried expert
ment. / find that 26 states of the
American Union have a license law to
hunt game and birds, and all of Cam
ada and Newfoundland.
Look at that map, gentlemen of the
committee, and you will see that the
State of Maine, with more than any
of the rs states and countries sur
rounding US, has less protection, less
money for protection than any of them.
1t is admitted on all sides that our
game, if we are to keep it, must have
very much more protection. There is
no difference of opinion on this point.
But the opponents of this measure
say that this money should be raised
by an appropriation by the Legisla-
ture, and not by tax on those who
hunt that the State derives benefit
enough from those coming here to
hunt by the money they leave with us,
so that we can afford to raise by tax
alton a sum sufficient to protect the
big game of the State.
Well, gentlemen, l am not going to
discuss that question of whether the
State ought or ought not to do this.
We are confronted with condition.
not a theory; we are confronted with
the fact that the Legislature won't
raise more than $25, 000.00-the usual
and regular appropriation.
l think ! am right in saying this. I
am believer in liberal appropriations:
l think the State can afford to be lib
eral-not lavish-in its appropriations.
for schools. for agricultural purposes,
for hospitals, for charity to the un-
fortunate, to propagate and protect
the fish, but there is a limit, gentlemen,
and 1t would seem as though the limit
might be reached. this winter, judg-
ing from the sums asked for thus far,
this session-amounting, / am told to
million dolars-for new thingS-all
of them no doubt worthy and deserv-
ing, but there is a limit beyond which
you ought not to go, and, believing this
limit Is reached in fish and game mat
tiers, we ask you to do what all other
states and all other countries do that
have big game to protect, exact a Ii
cense law for revenue alone to pro-
tect it, and the forests in which 1t
roams and lives.
1t has been claimed that this law
will keep sportsmen from coming
here to hunt
1t was once asked, in substance
where the disciples would go, if they
were to leave the Son of Man" The
reply was, Where can We go, for He
alone hath the words of eternal life"
Where will the hunters go If not to
Maine? We alone have the big game,
practically, that is easily accessible.
There is no cause to fear, gentlemen,
but all the hunters our big game can
stand will come, even with a license
law. We will then have the most lib
eral game laws of any State or any
country.
l am prepared to prove to you con-
clusively that this law will not keep
many desirable sportsmen from COM
ing to us.
l have never met personally, and
have met great many, nonresident
accustomed to coming to Maine to
hunt who has made any objection to
l.