Pike County press. (Milford, Pa.) 1895-1925, 1904-06-03
A GAME Law QUESTION
Power Of State TO Protect Game.
validity Of Pennsylvania Game
Law Enacted April IA, 1908

Validity Of Pennsylvania Game
Law Enacted April IA, 1908
It is not the purpose Of this article
to criticise the state of Pennsylvania
because it has been jealous in protect
ing to its residents, the wild game Of
the Commonwealth. The legislature
is to be commended in its effort to
preserve the game from Wholesale
depreciation by both residents and nom
residents. The writer wishes merely
to call attention to the methods pro-
vided by statute 10 protect the game
and to ask the question, rather than
answer it, whether the act, which
went into effect April IA, 1908, requir-
ing nonresident hunters, with certain
Others, to procure q license before
hunting in the Commonwealth, and
providing penalties for violating its
provisions, is valid?
The protection of wild animals
suited for the purpose of food from
indiscriminate slaughter by hunters
has been the object Of legislation from
the most ancient times. The theory
upon which the law making power
assumes to act is that all wild game
belongs to the state i'm its sovereign
capacity as a trustee for the whole of
the public, and that consequently the
state may, subject to constitutional
provisions and in the proper exercise
of its police power, adopt such rules
and regulations with reference to its
preservation, and such penalties with
reference to a violation of such regula-
tions, as are necessary to accomplish
the end desired-the preservation to
the people of the state of the pleasure,
sport and profit derived from the hunt
ing, pursuit and capture of wild
animals.
Section three of the Pennsylvania
act passed April Ia, 1908, provides:
"All officers of the Commonwealth
whose duty it is to protect the game
of the Commonwealth, shall hare
: poi0er to seize all guns and shooting
paraphernalid, and game in possession
Or-6eloHgipg to the suspected parties,
'0ithin the Commonwealth"
Particular attention is called to the
} italicised words. Under the authority
of this section the officer whose duty
it is to protect the game, may arrest
: you on suspicion, summariIy seize all
! your guns, ETC., without a warrant or
, hearing, and this same authority en-
pOwers the officers, not only to seize
, and retain the guns and hunting para
phernalia in actual use while the
owner or pOssessor is unlawfully hunt
, ing, but the language Of the statute
expressly includes all guns, etc. This
may include guns and hunting para
, lphernalia in your house or store. Nc
, doubt the intention of the legislature
was to include only paraphernalia in
actual use at the time of committing
the act, but nowhere in the statute is
such an intention expressly indicated.
The seizure of the property provided
. for by this act is evidently intended
not only to put it out of power Of the
offending person TO carry on the de
struction, but also TO operate as a pen
atty on punishment for the unlawful
act committed by him.
In order that the general greai
3 essential principle of liberty and fre'
y government might be unalterably
r established, the people Of Pennsylvania
a in adopting their constitution, declared
a that an accused person cannot be de
e prived of his property unless by the
d Judgment of his peers as the law O
e the land, and that the people shall bs
a secure in their possessions from un
e reasonable seizures and no warran
d shall issue to seize anything, withOu
e describing it, nor without probable
, cause, supported by oath or affirmation
t subscribed by the aftiant.
" In the light Of these constitutions
e provisions, it may well be asked If tn
act of the Pennsylvania Legislatur
D under consideration, does not authoriz
e the deprivation Of property withou
!. Judgment Of the peers Of the accused
n or the law Of the land. Guns ant
le hunting paraphernalia constitute law
It ful property and the summary depri
It walton Of their use, if not the owner
is ship and title, infringes the subject
as valuable and sacred right of property
especially in the case Of one who dc
pends on the use Of guns and hunting
q paraphernalia as his tools for earnin
Of a livelihood. 1t would seem that tn
y legislature would have no right {
ie authorize such deprivation as is en-
N powered in this act, upon mere sul
IN picion and without any preliminar
= warrant or hearing. Not only doc
al the state constitution prohibit this, br
It the constitution Of the United State
ne forbids a state 10 deprive a person
70 his property without due process