Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-12-02
Lincoln to Secure Ruling Of
Supreme Court on Game
Shipping Clause
GAME LAWS ARE ENDANGERED
Des Moines Court Recently Held That
Game Could Be Shipped in Any
ouantity-charees to Be Brought
Against Some Of the Deputy Wardens
Guard Row Tempest in Teapot.
to r,mes-repup,ican.

Special to Republican
Des Moines, Dec. 2.-Game Warden
Lincoln may appeal to the supreme
court the case decided in Justice of
Peace Fred Cope's office in this city
in which it was held that. in effect,
there is no law against the shipment
of game in this state. 1t is claimed
that there are scores Of cases all over
the state in which the charge against
the person arrested has been that of
shipping game. The position taken is
that If the shipment of game is pro-
hibited the killing of game can prac-
tically be stopped for the hunters that
do the damage are those that go from
the cities to the hunting grounds and
ship their game home. -.
In the case before Justice Cope the
argument of the attorney was that
there is no direct prohibition and hence
the law is imperative. The law says
person may ship" certain num-
ber Of ducks each day. The argument
is that by falling to prohibit the ship
Inent Of greater number the law Is
imperative as to the person who ships
the ducks or game tho there are other
provisions of the law that do prohibit
railroads of express companies from
transporting a greater number. The
game wardens argue that the intent OF
the legislature was clearly to limit the
number shipped and it will be on that
ground that the case will be appealed
if at all.
Some Of the nimrods who have Wis
tied the regions of the Iowa lakes
claim that the real vital point in the
matter of shooting game is the pot
hunters who hunt for game in the
regions Of the lakes and sell their pro-
duct to less fortunate and less skillful
chaps. 1t is alleged that this is one
of the chief activities Of some men
and some of them make their living in
that manner.
In the meantime there is some criti-
cism also of some of the deputy game
wardens and it is understood that
with application for their removal from
office has been made to the governor
and by him forwarded to Game Ward
en- Lincoln at Cedar Rapids. 1t is
charged that in recent case here after
arresting some Des Moines hunters
who had been at the lakes they offered
to settle the matter for a considera-
ton out of court and drop the prose-
cution. In other words it is claimed
they had their hands out. This was
refused and the governor was seen.
On the same day a Des Moines man
and his wife saw the governor on the
claim that they were followed home by
the deputy game wardens and their
house entered and searched without
warrant for game which was not there
and so was not found.
The troubles of the Fifty-sixth reg
iment of the Iowa National guard are
tempest in tea pot, according to the
best informed members Of the guard
and will very shortly blow over and
nothing will remain to show that there
was ever any trouble. Experienced
National guard men say that in the
are not and cannot be conducted with
the rigidity Of a general state election.
There are leniencies of the law every
time there is an election but they
charge that there is never corruption
or fraud and an election registers a
fair and equitable expression of the
wishes of the men. There is always
electioneering. Major Parker charges
that the election of Major Chantland
to the position was accomplished by
electioneering and aside from this the
only charge against Chantland is that
he forged doctors certificate to get
Chiquet enlisted as member of the
Webster City company.
1t has been claimed that the ap-
pointment of Captain w. H. Thrift, of
Dubuque, as adjutant general was ac-
complished for the sole purpose Of
knocking out John 7. Hume as as
sistant adjutant general. The fact is
that General Byers, who was adjutant
general, was so unsatisfactory to the
majority in the guard that there had
to be a change in order to keep the
guard in shape. After deciding to
remove Byers, an acknowledged stand
4
was serving under Governor Cummins,
announced that he would appoint as;
adjutant general the man who got the
most endorsements in the guard, and
that all other considerations or en-.
dorsements would not be considered
at ALL 1t was the number of endorse
ments entirely. Thrift was resident
Sf Dubuque and was not political
friend of Governor Cummins, but he
was appointed solely because he got
the most endorsements.
The best informed guard men see
in the trouble in the Fifty sixth now
the tail end of the old Byers follow
ing that caused the necessity for the
removal of Byers in the first place.
Major Chantland will be tried be-
fore the same military court that
hears the charges against Captain
Kulp, of Davenport. 1t is understood