The Caucasian. (Shreveport, La.) 1900-192?, 1909-02-02

At the sitting Of the Supreme Court
in New Orleans Monday there was rem
dered an important decision which de-
crees the right Of the Parish of Cal
casieu to restrict the shipment of game
which becomes the property of the indi
vidual after having been shot legally.
The States referring to the case says:
The State Supreme Court today hand
ed down a decision which finally settles
the matter of whether or not hunter
can ship game killed in one parish from
such parish into another This is the
case of the State Of Louisiana VS.. c. P.
J. Dudley, ct al, appealed from the
Thirteenth Judicial District Court Of the
Parish Of Calcasieu. at Lake Charles.
The defendants and appellees were ad-
Judged guilty by the Lake Charles Court
of having violated Acts 2o7 and Ell of
1908 in having shipped 60 wild ducks
out of the parish ON November p, 1908,
and were fined under the. police jury
ordinance of the parish So Or thirty
days in prison. They took an appeal
from the judgment OF the lower court,
and today Chief Justice J. A. Breaux,
organ of the State Supreme Court,
handed down a decision reversing the
judgment of the lower court and hold
ing that Act 2o7 OF 1908 is repealed by
A N{ tta tt,cf {,sa
Police Jury OF Calcasieu had 30 right or
power to fix the limit Of the number OF
birds which it is permissible to ship out
Of the parish at a less number than that
fixed in the statute The statute makes
it impossible to regulate the number,
and fixes that number at twenty five,
wherefore the statute authorizes police
juries only to regulate the shipment OF
game" and it is not within the power
of subordinate political division to re-
d,1ce that lumber of the limit,
The State contended that the police
iury's action was warranted by and att
thorized by the first Act No. 2o7, which
delegates to that body the right and
authority to regulate the shipment OF
game. The syllabus Of the Supreme
Court is as follows:
Syllabus. Shipment of Birds: Act
2o7 of the Legislature of 1908 delegates
to police juries the authority to regulate
the shipment of birds within State linz
it's
2. twenty-five the Limit: Act Ell of
the same legislative session, approved
one day after Act 2o7, relates to the
killing of birds, and refers twice in the
text to shipment of dead birds. This
Act limits the number of birds one per-
son may kill each calendar day.
3. Shipping birds as freight. The po-
lice jury sought to exercise its authority
by adopting an ordinance regulating the
shipment of birds.
4. Private use Under the expressed
intention of the statute all birds are
primarily owned by the State. When the
statute has been compile with and the
number of birds (twenty-fve) are killed
in one day, they become private prop
erty; the owner can dispose of them in
accordance with the provisions Of Act
27. After all the provisions of the
statute have been complied with. the
police jury is without authority to re-
strict the disposition which can be made
of the birds, as authorized by statute.
For reasons stated the sentence and
Judgment of the lower court are an
nulled, avoided and reversed. The de-
fendant is discharged and his bond ca1l-
celled
Land, Jr, concurs in the decree.
Provosty, J.. dihsents.