Los Angeles herald., 1905-07-30


By the decree of the court of appeals
for the second appellate district of Cal
ifornia rendered yesterday in the appli-
cation of Lyman d. Prindle for a writ
of habeas corpus the "dove ordinance"
passed by the Los Angeles county
board of supervisors has been declared
invalid and of no force and effect and
the only law bearing upon this subject
is the general state law.
Prindle was recently arrested for vio-
ating the ordinance and pleaded
guilty He was fined and in default of
payment of the fine he was confined
in the county Jail. Application was
made for a writ of habeas corpus on
the declaration that the ordinance was
void and of no effect and the decree
upholds this contention.
1t is the opinion Of the court, in
which Judges Gray and Smith concur
with the opinion rendered by Judge
Allen, that the amendment to the con-
stitution, known as No. 25 1-2, adopted
in 1902, took away the right of the leg
isature to delegate the county boards
of supervisors the right to legislate re-
garding fish and game within their jur-
isdiction and left the sole and exclusive
right to so legislate with the state Leg
isature. This amendment is as fol-
lows:
1.-THE Legislature may provide for the
division of the state into fish and game
districts and may enact such laws for
the protection of fish and game therein
as they may deem appropriate"
Opinion of Court
Several typewriter pages are de-
voted to a discussion of the legal
points involved, the opinion summed
up in the following paragraphs:
"The word may in section rs 1-2
must, therefore, be read must and
ever since its adoption the express COM
mand has been upon the state legisla-
ture to enact such legislation touching
the care and custody of wild game as
is necessary for it's effectual and full
protection, and this with reference to
local conditions, if any such there be,
which would require special legislation
for special localities.
1--WE are unable to see however, any
particular significance attaching to the
manner in which the word may shall
be read in this constitutional amend
ment, inasmuch as it's obvious intent
was to confer upon the state legisla-
ture alone authority to deal with the
subject of fish and game, and in such
legislation to relieve 1t from the neces-
sity of enacting general laws applica-
BILE alike to the whole state, and the ef-
feet of which could only be to remove
the necessity heretofore existing for
delegations Of power to local authorities
1--WE are of the opinion, therefore,
that any authority reposing in the leg
islature to delegate legislative power to
counties in reference to this subject
was revoked by the amendment 25 IL;
and the failure and neglect of the legis-
lature to obey the plain mandate Of the
constitution does not empower the
board of supervisors to assume this
duty reposing in the state alone.
"This ordinance, therefore, having
been adopted since the adoption of sec
tion 25 1-2, and since authority to dele
gate power with reference to this sub
ject has ceased to exist. it must be held
to be invalid.
"Were 1t even a valid exercise of
power, the ordinance upon it's face is
an unreasonable exercise thereof. The
delegated power originally was with
reference to shortening the season.
which can only be held to be period
Of time within which persons might ex-
ercise a natural right to hunt and kill
the game belonging to the public, and
not to enact an ordinance in its nature
prohibitive.
1.-THE ordinance. therefore. being void
it follows that the prisoner should be
discharged. and 1t is so ordered"