Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1904-07-27
GAME LAWS
IN FORCE
open Season for Prairie Chickens,
Grouse and Pheasant Opens Sep
TENDER First.
AMENDMENT 1908 KNOCKED OUT
Section Held Unconstitutional by the
Supreme Court in Case Of State
VS.. Brown Nov. 80, 1908.

II seems that there is a great I'M
certainty among the sportsmen OF
Ii wistown and vicinity as to the ex'
act status of the game law at the
present time. Many think the season
opens on the 18th day of August, and
Others that the first day OF Septem-
Der is the first day Of the open sea-
son. In order to make ure on this
point the Argus has taken the trouble
TO look the matter up Tor the benefit
of its readers.
Section 5 of house bill No. 10 of the
Session Laws OF Montana. reads as
follows:
Every person who. between the
first day of December and the first
day of September of the following
year, wilfully shoots or kills, or caus-
es to be shot or killed, any grouse or
prairie chicken, fool hen, pheasant,
or partridge, or who between the 18th
day of December and the first day
of August, of the following year, will.
fully shoots or kills or causes to be
shot or killed, any sage hen Dr. turtle
dove or who during the open season
shoots or kills, or causes to be shot
or killed, more Than twenty (20)
grouse or prairie chicken, or fool hen
or pheasant, or sage hen, or turtle
dove, or partridge, in one day, shall
be punished by a fine of not less
than twenty-five (25.00) dollars, nor
more than two hundred and fifty
(250.00) dollars, or by Imprisonment
in the county Jail 10 not exceed three
months, nor less than one month, or
By both such fine and Imprisonment"
This section is now in force and is
the law, all other amendments to the
contrary, notwithstanding. In 1903
an amendment was passed as section
) of Senate bill No. 20, as follows:
Every person who, between the
first day of December and the fifteen
tn day OF August of the following
year, willfully shoots OF kills, or caus
es to be shot OF killed, any grouse or
prairie chicken. fool hen, sage hen,
pheasant or partridge, or who during
the open season shoots or kills, or
causes TO be shot or killed, more than
twenty (20) grouse, or prairie chick
ems, or fool hens, or pheasants, or
sage hens, or cartridges, on any one
day shall be punished by a fine of not
less than twenty-five (25) dollars nor
more than two hundred and fifty (250)
dollars. or by Imprisonment in the
county Jail not exceeding three
months 0 less than one month, or
by both such fine and Imprisonment
This amendment was declared un.
constitutional by the supreme court
of the state of Montana in the case
of the state OF Montana VS.. Brown,
decided November 80, 1903.
Brown was arrested in Helena for
killing turtle Goves. He was found
guilty and fined by the lower court
in accordance with the act of the leg
~islature of 1905 just given, and ap'
pealed the decision to the supreme
court. The higher court found the
act unconstitutional on the ground
that the title of the amendment did
not meet the constitutional require
ments. The whole of senate bill No
20 was thus knocked out and the law
reverted to the House bill No. 10
passed in 1901.
II is well for Lewistown and Fergus
county sportsmen to remember thai
the laws of 1901 are in force and the
season is not open until the first da,
of September.