The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1906-09-14
U. S. GAME LAWS
Judge Amidon says They
Do Not Apply in the
Open Season.

Open Season.
In decision rendered late Monday
afternoon. Judge Amidon held that
the fe'eral law relating to the ship
ment of game out of the state does not
apply to game killed in open season.
I he decision was rendered ih dispos-
ing of the demurrer of the indictments
against Charles Thompson and A. R.
Spear.
After commenting on the federal
statues to considerable length. Judge
Amidon concluded his decision as fol-
lows:
~ have reached this conclusion
with good deal of reluctance. The
statute in question is one of highly
benecfiial purpose. An examination
of the debates in congress and the re-.
port of the committee on interstate
commerce Of the house of representa-
tives which had the bill in charge
shows clearly that congress intended
by the statute to require all packages
when shipped by interstate commerce.
which contain the dead bodies of
game birds or animals to be marked.
Two objects were thus sought to be &C.
complished.
''First, it was intended that the
package should show clearly on it's
face the nature of its contents and
where the birds or animals were killed
and the place to which they we're to
be shipped. This was for the purpose
of notifying the carrier or purchaser
of these facts so that they would be
appraised, and on examination of the
package and a comparison of the laws
of the proper state, that the package
was or was not lawful subject of in
terstate commerce.
''The second object had in view
was to aid the local authorities in en-
forcing game regulations. The unfor-
tunate reference, however. in section
4 to section of the act imposes the
limitation which have pointed out
and which was not within the actual
intent Of congress-. as can be learned
by the debates on the bill. .-., ....
I'm constituting a criminal law,
however We are not permitted to go
beyond the language. The statute can
be given large measure of force and
effect by attaching to it the limita-
tion which its words require. A citi-
zen is not calle1 upon to look beyond
the words of a criminal statute to
learn his legal duty, and the court can
only give effect 10 the language of the
act and such implications as clearly
arise from the language. A legisla-
tive intention which cannot be found
by such an Interpretation cannot be
given effect by the courts in admins.
tering criminal law. It necessarily
follows from these views that the de-
murrer must be sustained, and it is 80
ordered.
Thompson is wealthy deaf mute
whose home is in st. Paul ana who
spends most of his time in hunting in
different parts of the country. Spear
is employed as a sort of companion by
Thompson. For some time Spear was
superintendent of the deaf and dumb
institution at Devils Lake and is we'll
known in the northern part of the
state.
Some time ago Thompson bought a
valuable duck pass near Devils Lake
and spent several seasons hunting in
that vicinity. It was reported from
time to time that Thompson bad vio-
lated the provisions of the state game
laws, but the state officials were not
able to secure sufficient evidence again
st him to warrant the commencement
of an action. The federal authori-
ties then took up the case under an act
of congress of 1000.
Indictments were returned against
Spear and Thompson at the last $685.
ion of the federal grand jury in Far.
go. The men were charged specifi-
cally with shipping sixty yfour ducks
from Devils Lake, Sept. ~, 1905, and
not properly labelling the shipment.
The defendants were resented in court
by counsel before the close Of the last
term and demurrer was made to the
indictments.
WILLOW CITY
BY our special correspondent.