The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1905-03-28

The sole object and purpose of the
game laws of this state is to protect game,
and this is the sole duty of the game war
dens under the laws. 1t is not to set traps
to catch unsuspecting law abiding citizens
and to rob them of thousands of dollars
through drastic and wholly technical APP
plications of the statutes No such pur-
pose was in the minds of the Legislators
when the game laws were enacted, no
such results would follow any reasonable
enforcement of them, and no such official
severity is necessary to the proper protec-
ton and care of the game birds of the
state.
The seizure, several days ago, of few
quail, in the storage warehouse in this city
by the state game wardens, is not a
proper or reasonable application of the
law. and it is to be hoped that Mr..
Mundy, the owner of the stored birds, will
contest the case to the end The quail
were lawfully shot last winter in south
ern state, and were lawfully brought
from thence to New Jersey. They were
placed in cold stora ge, not to sell, not as
a source of profit. but for Mr. Mundys
own use at such times as he desired them
on his private table. They were, how
ever. seized by the game wardens and
confscated, and Mr.. Mundy is liable, I'M
der the terms of the law, to fine of $50
for each bird
The sections under which the seizure
was made are Is and 10 of the State game
laws. which provide that it shall be un.
lawful to have in possession any kind OF
game bird or animal, except in the open
season, or not more than fifteen days there.
after, and fixes the penalty at $50 for each
bird so kept in violation of the law. The
season for quail closed on January Is, SO
that technically Mr.. Mundy had game
birds in his possession more than two
months after the statutes declared such
possession to be unlawful. Upon these
facts the game wardens made the seizure
and confiscated the birds
1t is more than probable that the State
law will be declared unconstitutional il
the case is pressed to decision A similar
seizure, under similar laws and involving
million of dollars worth of game. was
made in New York year or two ago
ALI the great cold storage-houses that sup.
ply New York City were involved, and the
case was taken to the Supreme Court.
The decision was handed down by Justice
John M. Kellogg, who declared that game
laws, so far as they prohibit possession OF
fish and game imported from outside the
State during closed seasons, are void un
der the United States Constitution, as in
terfering with the property right and
liberty of citizens.
If the quail in question had been killed
in New Jersey the law might hold good
because this State stocks its coverts at
great expense and the specific purpose Of
the game laws of this State is to prevent
the determination of these birds and tc
discourage pot hunting, market hunting
and all other methods whereby quail and
game are ruthlessly destroyed for mer
cenary ends But where the birds are
killed in foreign State and are legally
brought into this State, the imposition OF
heavy fine for simply having them in
possession after stated date is not rea.
sonable and is not likely to be held valid
and constitutional. Such law does not
protect the game birds and does not lay
its penalties on the proper parties -Neo-
ark Neaos.