Daily Kennebec journal., 1910-07-11
Interesting Opinion Handed
Down by The Attorney General.
Maine Central Plans to EnIares
Xatefvllle Freight Yard.
STATE HOUSE CALENDAR.
Next Meeting of Governor and Council,
Friday, July 20, at 10 A. M,


birds could not be taken nv .nv
private citizen to have in possession in
this State or for transportation out of
it His letter covering the point at
issue addressed to Hon. James w
Brackett of Phillips. the chairman of
the commission on inland fisheries and
same, is as follows:
"a am in receipt of your favor of
July enclosing letter from Mr.. A.
J. Wilson of Moosehead. Maine in
which he makes inquiry as to the right
to transport Il pair of gulls out of this
State: also whether in case of anv
prohibition. he could obtain consent
from any official to transport the
birds.
you will understand, of course that
our laws relating to fish and game.
recognize q distinction between birds
which might be called game birds and
those which would be more properly
called wild birds only. While the
statute does not in terms make this
distinction or attempt the definition
OF game birds. yet it is generally un-
derstood that there are certain species
of birds and animals which inhahit va
rious portions Of the world which are.
by common consent. designated as
game This designation does not in
clude all ferae naturae but only those.
which are good for food or else by
their presence are dangerous to man or
to domestic animals. 1t will be neces-
sary then to determine whether the
gull is a game bird or otherwise Here
our statute has assisted us in the in
depreciation 50 far as our State is
concerned.
Chapter 80. Section 3 of the Re
vised Statutes. as amended by Sec
ticn l. of Chapter 1872 of the Public
Laws of 1905 and Section : of Chapter
90 Of the Public Laws of 100? provides:
"'No person shall. within the state.
kill or catch or have in his or her pos
session. living or dead. any wild bird
other than 4 game bird. nor purchase.
offer or expose for sale. any such wild
bird after it mas been killed or caught.
No part Of the plumage. skin or body
of any bird protected ny this section
shall be sold or had in possession for
sale: and for the purposes of this act
the following only shall be considered
game birds; the anatidae. commonly
known as swans, geese. brant and
fi't' anu cF' '''h0 'llt itiI''hN- ''iIi-
monty known as rails. coots. and gal
linues: the limicalae. commonly known
as shore birds. plovers surf birds.
snipe. woodCcCk. sandpperS. tltiers
and curlews; the galIinae. commonly
known as wild turkeys. grouse. prairie
chickens. pheasants. partridges and
quails.'
From this you will see that the
game birds. according to our statute.
are only those which are found within
the groups known as aratidae rallidae,
limico'ae and the gallinae. The gull
fmore poeticallv known in old English
as the mev). belongs to the genus
larus and does not fall within anv of
the classes which our statutes have
declared to he game birds. 1t follows.
therefore. that tho gull or new would
he considered under ouI law as wild
bird and not as q game bird. The pro
visions of the statute which | have
Just quoted ire plain and imperative
that no person within this State snail
Kill, catch or have in possession. living
Oh dead. any wild bird which does not
fall within the list of game birds. and
It therefore follows that as the gull
does not fail within the list of game
birds. no person can lawfully kill. catch
or have in possession any gull or NEW,
whether living or dead. Furthermore.
our statute does not authorize any Of
hcta| to give right or authority to any
one to have in possession those wild
birds except a. provided in Chapter 81.
Section ~. Of the Revise Statutes.
Here care should be observed also TO
distinguish between game birds and
wild birds
r' The early part of Section 40 Allows
the commissioners on inland fisheries
and game. for certain purposes. TO take
hsh and game of any kind. when. Where
and ir such manner as they choose ana
authorize written permits TO other per
sons to take fish and game for the same
purposes 'rhis. however. is not broad
enough to cover wild birds. Later in
II the section there is a provision IN the
following language:
The commissioners of inland nsn-
cries and game NAV grant permit to
take moose. caribou. deer and birds TOT
park purposes in the state under soco
ru'Ns. regulations and conditions as
htv shall este hlish
The broad and unqualified use OF
1 N'o NJIu IhllS Wtultt
allow th' commissioners of inianI ''s"
cries and game to take wild biroS 'o'
park purpose; in this state hut ''.et
would not allcw them to he taken '"i
,ahV other purposes or even 10 p''
purposes outside of the state
Summarizing. therefore. IT Is "'S
opinion that tic eulls being Wlld pi'uN'
could not be- taken by any private c,',-
zen to have N possession IN ,','n
state or for transportation out oi H.
announcement was made AZ the VI
nee of the Board of Railroad Comnl'S
sloners Saturday OF the receipt VI ="
petition from the Maine Central Ran
load Co. asking the approval ny tnc
ooard to the taking by the company y.
certain piece of land in the city ol
materville. for an addition to It's ter
mlnal yard The representations pun
'gned in the petition are in part DIS
follows:
sli That your petitioner deems 1t nee
essary and expedient for the con
yenient operation of it's railroad 70
axe and hold, as for public uses. al
qtional land in Waterville, Kennebec
yupty. Maine, said land being requlr-
y for the purpose of necessary tracks
mo side tracks for an addition to 1ts