Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-11-22
STATE HOUSE.
I0pinion Handed Down BY
Attorney Gen, Phi|brook.
Railroad Commissioners Will
Meet at Map'eton Nov. rs.
Farmers Institute Dates for York
and Cumberland Counties. \
STATE HOUSE CALENDAR.
Next Meeting Of Governor and Coun
Gil Tuesday, Nov. 20, at $50 A. M.

The following opinion has been handed
down by Attorney General Philbrook &c
Chairman Bracket of the Commission Of
Inland Fisheries and Game, relative rC
the issuance of licenses to buy and sell OF
J. w. Bracket Esq,
Chairman of Commrs. of Inland
Fisheries and Game,
Augusta, Maine.
Dear Sir:
Some time ago your department sub
mitted questions relating to X. s. Chap.
-, Sec 50 as amended by Chap. 22G of the
p l.. of 1907 relating to the issuance Of
licenses to buy and sell or tan deer skins
and other valuable skins.
your department were % "can more
than one person buy deer skins and the
skins of otter. sable and fisher under
one license: CD can a corporation SEND
ont more than one of its regular en-
ployces to buy skins under the license
issued to Il corporation: CO can per-
son, not Il corporation, to whom one OF
these licenses has been issued employ
agents TO buy those skins for him under
hi, license"
have tried TO examine the statute as
carefully AS possible and while am OF
the opinion that q clearer statement of
its intention might have been made by
the Legislature and possibly the incom-
Ing Legislature may well be asked to re-
move the ambiguity or doubt by amend
ment, yet from a reading OF the statute
as it now stands and from an eXamina-
ton OF cases involving similar elements
reported in the courts OF last resort in
other states. | am constrained 10 answer
your questions as follows:
% Only one person should be allowed
to buy deer skins or skins of Ottor. Sa-
bic and fisher under one license. 20 a
corporation should not send out more
than one of its regular employees to buy
such skins and l am inclined moreover
to the opinion that if the employee is
sent out by the corporation the license
should stand in the name of the en-
plOyea rather than in the name OF the
corporation. OF course it naturally fol-
lows that other employees of the car
poraton if also licensed might be prop
crly sent out. 60 That n person not I
corporation to whom one of the licenses
has been issued may not employ agents
to buy those skins for him under the IL
cense issued to the employer.
/ do not find the precise question in
volved to have been passed upon by any
of the courts of last resort but do iini
some cases relating to licenses issued /"
principle involved between buying an
selling seems to he so similar that / am
inclined to apply the principles Of law tn
TINS case which We're applied to thoSt.
cases where the liceuSce was selling III
stead of purchasing. OF course the fact
that in given states the statute yaric-
from the one unde, consideration nl;tkc-
som" difference in the weight or appirI-
| ton of any citations t0 which I may ~
fer but Their. seems to br an underlyin2
principle in all. on which we i. y r;.f (.
( rely.
| In Standard Oil Co. vs. Commonwealth i
| -. = W. $, discussing It Kentucky sta
! tIto relating to p"d,ilng the court says
: indeed, 4 iiccnS" cannot he issued to Il
/ corporation to sell. cXccIt that license
| d"@iGnat"s some person, by name ANA de-
| statute there was a requirement that the
| person who was licensed to sell should
! furnish n certain description of himself
| Again in s. y i. 30, we find the follow
J ing: "a license is II privilege granted to
n person or persons ana not to in&nimatc
/ things Ia lursl" some OCCUPATION, or to
| exercise som" right. which has been de-
| ciaf"d unlawful except upon compliance
with certain conditions.
In state VS. Morrison found in ~ = T.,
| 800 is the discussion of II case " here n
! corporation WaS granted Il license. t., sell
pianos ana ORGANS. The corporation Sont
| out several agents each of whom tray-
/ 'led ana sold under that ono license \
| prosecution having been Instituted
! against ion" Of tho agents for selling
| without Il license an attempt WIS made
| t" justify through lr"ns" Which was
| h'l1 by the corporation. The court do
| Jared that tn" license "authcypzcs only
! M person having it in Possession to sell
! under it, Ohylouely. if there were but
| one ilrrilS" and that held by the corpora
! ton each ANA all of the various agents
| could not have it in possession. In the
| sine rhS" the court went further and
shld such has always been the policy
| 81 IN" law. except when the statute an
| thhrizrd the issuance of certified dunli.
cafe or copies of the licensc' II is
needless I" say that our statute does NOT
authorize such issuance
| Without cXtcndino this discussion to a
n Tonf1n'm me, .nSth think l have snm-
| clehtiE indicated the reasons which lead
m" to the answers which | have given
! Respectful yours.
Warren c. philbrook
| Attorney General