The L'Anse sentinel. (L'Anse, L.S., Mich.) 18??-current, 1905-11-18
OPINIONS OF
ATTORNEY GENERAL
In Regard to Shipment Of Game Birds
and Deer. Owner Must Accom-
pany Game.

For the information of those de-
string to receive an Interpretation
OF the provisions Of the game laws
enacted by the legislature Of 1905
for the shipment and cold storage Of
game, the following ruling of the
department Of game and fish war
den, based upon the opinions OF the
attorney general are published:
Section % OF Act No. 257 of the
Public Acts of 1905 provides: "No
game birds shall be shipped by ex-
press, freight or baggage, or 10 any
other manner except as hand bag
gage"
Hand baggage" is construed to
mean baggage carried in the hand,
always accompanying the owner in
any public conveyance.
Opinion OF Attorney General, Sept
Z, 1905.
The law containing the language
in question is Section % OF Act No.
257, of the Public Acts of 1905.
This act, while permitting the trans-
portation OF deer skins, under GER
tain conditions, and providing for
the manner OF marking packages,
adds the further proviso as above,
that mo game birds shall be ship
ped by express. freight or baggage
or in any other manner except as
hand baggage.
It is my opinion in answer to the
question you submit, that this Sec
tion clearly contemplates that no
game birds shall be shipped in any
other manner than as hand baggage,
the owner accompanying the ship
ment. The word ''haud baggage"
is defined by the Century Dictionary
as baggage carried in the hand"
AS used in railroad technology, it
imports any package or parcel that
the owner is not required to check
in course OF transportation, but may
carry and keep with him in ordin-
ary passenger coach. The presence
OF the owner or custodian OF the ship
ment is clearly presumed under the
definitions. AS used in the statute
the word hand baggage" would ap-
parently cover all hand packages or
parcels or bundles OF game birds,
which would be transported under
existing railroad regulations by the
owner or custodian in o passenger
car with himself, and which be ac-
companies in course OF shipment.
II, as you suggest, game birds are
packed in hand travelling receptacles
and then shipped by express, un-
accompanied by the owner or custo-
dian, such shipment constitutes q
palpable violation OF the statute, for
the reason that the package In
question then becomes an express
package and is not hand baggage
within the meaning OF the law.
Opinion OF Attorney General.
Is, 1905.
Section 20 of Act 257 OF the laws
OF 1905 prohibits any cold storage
company or any person or persons,
corporation or copartnership from
having in his or its possession, FIVE
days after the closing OF the open
season, the dead body or carcass or
skin ofany animal or bird mention
ed in said act 257 OF the laws OF 1905,
except specimens, heads, or pelts
prepared or mounted for scientific
or educational purposes.
Section 2l OF Act 257 OF the laws
OF 1905 authorizes the state game
and fish warden to issue to any
nonresident OF this state who has
taken out o nonresident license to
hunt for deer in this state,
permit to take one deer out OF this
state, when fully satisfied such deer
was lawfully killed by such nom
r e s / d en- Z. Permits for such
shipnnents can onlv iesua followinU
the killing Of the deer. To avoid
delays and annoyance, notification
should be sent to the state game
aud fish warden by each hunter,
holding a nonresident license, as
soon as the holder may determine
from what station or point such
deer would be liable to be shipped.
giving name plainly written and
post Office address, where such