The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-04-30

for mounting purposes, ana taXlder-
mists handle all the available supply
and clamor for more
ITO anyone who has ever seen the
various breeds of pheasants, it would
be needless TO dilate on their merits
and the great beauty of their plumage-
Ladies who think they are wearing
bird of-paradise feathers in their hats
are really wearing pheasant plumes,
While the pIumage OF the Hoochee
pheasants resembles that of the os-
trich. The pheasants are the turkeys
OF Asia. as the guineas are of Africa
and the peacocks of Europe. They are
All true turkeys.
Now as to the legal phase of the
matter. The cruX of the question is,
Are pheasants, grouse, quail and other
like birds, raised in captivity, game
birds? The state law refers to game
birds and TO them only. Here is the
definition of a game bird from Bouv-
ier's law dictionary, conceded in by
Wharton:
Game applied to birds, is any
bird fit for food taken from the wild
by enfowling or hunting In this con-
nection the law of various states holds
that when the game pheasant is put
llIlO ii coup AiIdl pICu IS SlIll SdtiiSS
but its progeny, the hatch, raised in
lai5,ivity, ale domestic and may be
sold in the market the same as may
chickens.
1T is held that pheasants Matched
by a, hen are domestic Go Cox 9. c.,
%; F. and F., 347; 1 F. and F., $50; L.
r. l. c. c., 1881.
While in Olympia last week in con-
TOW, =, |, r fI,ic
matter up with Attorney General At
kinson, and he gave it to me as his
opinion - though not officially = that
there is nothing in our state law re-
lating to game birds to prohibit farm
ers, or anyone. from. selling these
pheasants and kindred birds Matched
and raised in captivity Notice that
the law says, any grouse. any pleas
ant, any quail, found hanging in the
market is prima facie evidence that
the owner of that market has been
guilty of a misdemeanor.' 'Prima I
facie, however, means simply on its
face leaving the matter zen for |
proof that the birds are domestic.
If the game wardens of the state in
sist that these birds raised in cap
tivity, are still game, they may, with
equal reason, class horses and cattle |
as game animals and prevent their sale |
in the markets.
Some of the wardens have suggest
ed rnat a bill be introduced in the |
empowering citizens to sell |
these birds raised in captivity, pro-
vided they paid a license and tagged |
the birds they sold. We contend, how
ever, that there is no necessity of peo
pies paying license 70 do what they |
nave the right to do without such pay
ment, which right is given them by
The present law of the state
In Indiana, New York and Illinois, |
where the farmers have the right to
sell these birds, raised in captivity, |
the game laws are as strict as ours. !,
and as silent regarding the sale of /
domestic birds.
The game wardens may say. Wait
and give US a chance to get a start Il
before making the game laws any
harder of enforcement We believe,
that there is much more
game here now than there is in the
states 1 have mentioned, where the
people enjoy the privilege of Matching
md rearing these birds in captivity.
ind at will placing the same for sale
Upon the open market.
Il believe this offers promising
ield for the poultry raisers of this
ection, and from the wording of the
aw and from my conversation with |
he attorney general, the people I'M
oubtedly have the right to engage
n this business. The Breeder and I
portsman.
.&ksa&---