The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-09-08
GAME OF STATE Threatened \
WITH NEW DANGER.
ATTACK ON A KINDLY LAW
Statute For Protection Contained Ia
Senate Bill No 20 Attacked
constitutionaIIy.

II the courts sustain the position
assumed by Helena lawyer then the
birds and beasts which at present en-
joy certain amount OF protection
within the state will have to emigrate,
for the partial security given some
and the complete security promised
others will OF necessity have to be
Withdrawn. The lawyer has attacked
the constitutionality OF the game law.
He declares that it's passage was not
in accordance with constitutional pro-
visions and IN consequence the law is
null and void and no legal bar to the
killing Of any and all the game that
may come within the range OF hum
ter's gun.
The law attacked is contained in
what is known as Senate Bill No. ~,
and the question OF it's validity has
been raised in connection with the ar
rest of Helena 'pothunter,'' 4 who was
hailed into court for having been cruel
and heartless enough to kill q number
of innocent turtle doves. His lawyer
has filed a demurrer to the complaint
and it was agreed that the question
should be submitted to the court on
briefs. In order, that the state may
have ample time in which to prepare
it's answer, Judge Smith, before whom
the action is pending, gave the county
attorney 10 days in which to prepare
his brief in answer to the demurrer
The defendants brief has already
been submitted, having been made out
in support OF the demurrer.
The steps prescribed by the con-
stitution as being essential to the
passage OF bill and its enactment
into a law are given in the brief. It
is claimed that Senate Bill No. ~
was not passed in the required man
ner, one material defect being that
the house journal does not show that
it was ever signed. 1t is also alleged
that the act is unconstitutional for
the reason that during the passage of
the bill through the house certain
amendments were made to the original
as received from the senate and which
are now parts OF the enrolled act, but
which were never considered or even
adopted by the house.
Another part OF the demurrer recltes
that the bill was not publicly read "a
either house or senate immedlately
prior to it's being signed by the pre-
siding Office, as prescribed by the con-
stitution shall be done; that IT was
not signed by the speaker in the pres
ence of the house and that the TACT OF
the bill having been signed by me
speaker does not papear upon tne
journal OF the house.
Accompanying the brief are certl-
fed copies OF the portions OF the house
journal relative to the proceedings
then at hand and the proceedings as
they relate to Senate Bill No. 20.
In the brief it is claimed that OF
all the amendments recommended py
the house committee on fish and game
only one is on record and that was
considered by the house only, and also
that certain other amendments not ap-
pearing on the journal were considered
by the house in committee of unes
whole, February rs, Ii days after the
first recommendations and the report
was adopted that the bill be concurreu
in The scope and nature OF these
amendments, it is contended, is shown
neither by the enrolled act, the 1our-
mails nor by the original bill ITSELF
AS II these were not objections
enough, the brief further alleges that
there is no record that the title Of
the bill was ever read, either IN cne
house or the senate Immediately pc
fore it was signed by the presiding
officer and that it was not signed ~
the presence OF the house, the journal
simply reciting the fact that he was
about to sign it, s
American beauty and other chotct