The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1908-06-19
THE FISH LAW.
Copy of tire Law Which Prevents
Trapping in tie Edisto.

Editor of The Times and Democrat:
The Audubon Society, Of South
Carolina, which is chartered upder
the laws of the State and clothed
with power for enforcing the bird,
game and fish laws, has information
that there is a number of fish traps
In the Edisto river; great number.
lit appears from information in the
Eposessftion of the society that many
people think trapping fish is Hot
against the laws of South Carolina in
this County.
This is mistake. 1t is against
the laws and the offense is a serious
one, for the penalty for violation is
fine of 5000 or imprisonment for
from three to six months, or both
| fine and Imprisonment in the discre-
tion of the court That part Of Sec
ton SIT, of the criminal code, of
South Carolina, which covers the
case is quoted below. 1t will be seen
that trapping, netting and seigning
are equally against the law and pun
ishable' by the same fine and i'm
prisonment. Here is the section re-
ferred to, the latter part of section
SIT:
And there shall be close time
in all the creeks, streams and inland
waters Of the State, from the set
ting of the sun each Thursday until
the rising Of the sun on each Mon
I day, during which time all seines,
nets, or any plan or device for the
stoppage' or collecting of fish which
obstructs amy portion OF any creek,
stream, or inland waters, other than
a dam for manufacturing purposes,
shall be removed from said creeks,
streams, or inland waters; and any
person using any such seine, net
plan or device in violation of the
provisions of this section shall be
deemed guiltya misdemeanor, ,and upon
conviction thereof before any court
of competent jurisdiction shall be
fined In the sum of Two Hundred
Dollars, one-haIf of which shall go
to the informer and the other half
to the courts in which the case shall
be tried, or be imprisoned for a
period Of not less than three nor
more than six months, or both in
the discretion OF the court trying the
case. Nothing herein contained shall
+o Rr6 yryith din natC ncn6
by hand
\ Now this, section is perfectly clear
and inasmuch as the traps in the
river have not been removed before
sundown Thursday the parties using
same are violating the criminal laws
Of the State.
Where, now call on all good cit
liens to see that this law is enforc-
ed BY complying with it themselves
and BY compelling others to comply
with it.
All parties who Immediately COM
ply with the law will be free ofprose-
cution for past offenses and the evl-
dence. the society has will not be
used against them; but the COM
pliance must be immediate. III 1t is
not, then the society will use every
lawful means to have offenders fined
and imprisoned.
In the same connection is may be
said that the courts of the country,
up to the supreme court Of the Unit
ed States have declared that there is
no private ownership of fish or game;
that game in preserves and fish In
private pond are still the property
OF the State Hence a man may not
violate game or fish laws, even on
his own premises.
The reported use of dynamite IN
the ccHnty is also a grayeasahense
against the criminal laws and any
party found guilty of so doing Is
liable to fine Of One Hundred Dol
lars and six months on the chain
gang, either or both.
James Henry Rice, Jr.,
Bird, Game and Fish Warden, South
Carolina.