The Norfolk weekly news-journal., 1906-08-03
Gan NOT TRAIN B RD Do IS
PRAIRIE CHICKENS
is AGAINST THE LAW.
HUNTERS IN NORTH NEBRASKA
Many Sportsmen From Other States
Flock Into Fields OF Northwest Me-
braska to Educate Dogs, But New
Rulina Makes This a Crime.


Ruling Makes This a Crime.
TO pursue prairie chickens or
other game birds in Nebraska during
the closed season. even though one
stops short of killing them and has no
other object in view than training
dogs to follow the fowls, is as much
against the law of the state as to hunt
them with gun. Such Is the intorpre'
tation placed on the game laws by the
attorney generals Office, and such VIII
he the basis of their enforcement by
Chief Game Warden Carter and his
deputies.
I'm northern Nebraska millions or
Young prairie chickens are now tax
ing their first lessons in ilying. TINS
favorable opportunity for dog trainers
had caused many OF them to go out
with their animals and chase the birds
over the prairies. Nebraska Is known
as the best prairie chicken state III
the union, and the result Is to attract
scores of dog owners from all parts of
the country at this time of the year.
They harass the half-grown fowls,
make them wild before the hunting
season, cause the death OF some birds
from exhaustion and sometimes XIII
them deliberately where they consider
| It safe to do SO.
Game Warden Carter has taken mp
the matter on reports that reached his
Office concerning hordes Of dogs that
are being trained by this means III
some of the northern counties. An
annual field trial for CANNES of this
class is to be held at O'Neill for the
week commencing September II, and
I'm preparation for II animals have been
brought by their trainers from ms far
away as Louisiana, New York, Penn
sylvania and California to get them
into practice before the meet
without taking the trouble to pro
cure hunting licenses, which cost non
residents of Nebraska $40 apiece,
these men are appropriating the free
dom of the prairie chicken region for
the purpose of educating their dogs.
Evidently they have supposed that
they had right to chase the fowls,
provided no one should catch them
killing any. But the law appears TO
be the other way, and If this practice
Is not stopped there will be wholesale
prosecutions against the volators.
II is all In the one little word, "pur'
sue" The statute makes 1t an offenso
, to pursue, hunt kill or wound wild
game out of season. The dog trainers
claim they do not hunt the birds, Kill
them or injure them in any way, bu,
there can be no dispute as to the fac'
that they pursue" the prairie. chick
ems. This amounts to double trans
gression of the law, since outsiders arc
; not entitled at any time to hunting
, privileges before they have paid the
license fee. and then only when the
open season Is on. In the case o
prairie chickens, the hunting season
: does not begin until September /.
The question involved in the mere
y pursuit of game, without any purpose
to kill It, was laid by Game WardeI
Carter before the attorney general
In reply, an opinion has just been rem
. dered by Deputy Attorney General w
-. i. DOmDSOD, "HICH odyo'
1--WE have your favor stating tina
certain parties without hunting II
censes and who are non-residents o
the state have appeared in certain
= counties with hunting dogs for the pur
pose of training them on prairie chick
ems before the opening Of the hunting
season for these birds; that the act
= of those parties result in much dam
age to the young chickens, but tha
you are without positive evidence o
l such birds being killed by them. Yo
4 request an opinion as to whether o
| not such pursuit OF prairie chicken
by such parties constitutes an offens
under the laws of this state.
n Section of article 4, chapter 81
Compiled Statutes 1905, provides TO
a fee of ten dollars to be paid by nor
residents for license to hunt and fis
R in this state. Section of the sam
chapter provides as follows:
"It shall be unlawful for any PEI
son not a bonafide resident Of thi
n state to pursue, hunt, kill or woun
d within this state any of the animals
birds or fish, or to fish for or TAX
out of this state any of the birds c
o fish protected by this act, except
d accordance with the provisions heret
e and without first having procured
g license therefor, as in this section pr
vided. Whoever violates the prov
e sions of this section shall be punishe
le by fine not exceeding one hundre
s. dollars ($10O) or by Imprisonment
t the Jail of the proper county not e
Of ceeding sixty (GO) days for each (
10 such offenses'
Id at will be seen that it is much 6
OF offense under this law for unlicensC
ed nonresident hunters to pursue prs
ir rie chickens as it is to kill them.
'il constitute the offense 1t is not nece
h sary that the bird or birds be kill'
ne or that they be found in the possessiC
ss of the accused.