The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1909-01-01
MICHIGAN HUNTERS SUFFER
Continued from page ! J

cago, was detained by Mr. Ansorge OF
Green Bay. Deer were taken from car
and put in cold storage and reported TO
Mr.. Stone, the state warden. Seizure
first made because car was billed to
Chicago.
few days later car containing Oh
deer was stopped at Green Bay by
Deputies Harry Bowman aud Robert
Hltchon and by them held pending the
advice OF the state warden
The thrf - ne'd up on Novem-
Der 20 ny same deputies tosetner with
Deputy A. l.. Stoves. On December 2
the fourth car, containing 26 deer, was
stopped by Deputy Ansorge, who took
out three deer belonging to or shipped
by Nelson at St Joe. These were sent
to Milwaukee, and / am told, released
there and sent to their destination. The
balance of car was sent to Milwaukee to
the wardens there, but it never reached
Milwaukee, PROBABLY being sent by DIFF
ferent route by the railroad company.
The state warden ordered the deputies
to sell all the deer seized that they
could for Is cents a pound Mr.. An
sorge sold IL deer in Green Bay and
turned in SEQ for the same, he tells me.
The remaining 1903 deer were sent to
Milwaukee and the deputies there have
sold what they could for Is cents
pound and hold the balance for the
same price, Mr.. McMannus of Miwau
kee selling most of them. Mr.. McMan-
nus tells me that Mr. Stone released II
or 10 of the number on showing to him
that deer we're legally killed and shipped
nave been able to get very little in
formation from the railroad company or
from the wardens, but have learned that
all the deer bore a legal license, and
shipped from points in upper Michigan
to points in lower Michigan, and Mr..
Ansorge tells me that he thinks all deer
were killed and shipped in good faith by
Michigan men.
lst The reason given for seizure was
that the deer might be stopped and sold
In Chicago, and would, il allowed, open
up route by which illegal deer could
find its way into the Chicago market.
! 2ud. Also that the car being sealed
and no mark on car was a violation of
the act requiring packages of fish ADD
game to be plainly marked.
3rd That it was violation of the
| u ) laws, viz: Section Of Lacey act
As to the first reason do not think
il will take, because there must be some
thing to indicate that some law has been
violated and the intent was To put the
deer in market to warrant seizure,
and if anyone was at fault, it was che
railroad company for sending in sealed
car TO Chicago, the sender acting in good
/ faith aud in accordance with section
| $50 OF the Mich gan law relating to fish
and game
As to the second reason, | do not
| THU k the act can oe construed to mean
a box car carrying freight of different
cCusgnments to different parties. This
/ is clearly defined in section 4 OF the
! Lacey act, aud / can find no vioat ~
here, as each shipper shipped without
cover or box. The position is not well
/ taken.
Bird. There can surely not be viola
tiou OF this section unless some Mich
| igan law has been violated or some Wis
consin law violated, and | can find that
20 law of either state has been violated.
| think | understand the Michigan
law and have read the Wisconsin and
the Lacey act carefully, together with
the court opinions 10 Wisconsin con.
cerniug the shipment of game, and am
of the opinion that no law has been
violated, and any reasons given are
merely excuses for an illegal seizure.
The Wisconsin law does not require
and court action to condemn game, fish
or apparatus, and the courts have sus
tanned the law There the action is
/ peculiar, not giving person any chance
! to get into court on the original action
have talked with attorneys IN WIS
consin who believe the action was un-
warranted and without authority and
say it is a tortuous action, aud if judg.
meut for damages Is secured i'm that
state, the person can be imprisoned for
not paying judgment. Action can either
be bad against the authorities or the
railroad company, but there would be
better grounds against railroad company,
as the parties hold receipt of company
for delivery.
Any further information | can obtain
will be forwarded.
Very respectfully,
(Signed G. X. HoYT,