Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1911-05-12
WILL BRING
ELKS HERE
Carload, of Antlered Animals
To Be Distributed In
Our Forests
IMPORTANT DECISION GWEN
Acting Attorney General Out
lines Powers of Game War
den and Deputies.

Game Warden Thomas P Gable viii!
leave on Sunday morning for Steam.
boat Springs, Colorado, to bring from
there into New Mexico, a car load OF
elk to be distributed in three national
forests for propagating purposes thus
adding valuable game animal, an
effort that will be much appreciated
by sportsmen.
For the Treasury.
Territorial Treasurer M. A. Otero
has received the sum of $S93.SS from
James Sutherland, of Chaves county;
$472.50 from Cleofes Romero as con-
victs' earnings, and $3.50 from Game
and Fish Warden Gable.
Officials Away.
Territorial Superintendent ]. E.
Clark of the department of education
has gone to Springer on official busi-
ness.
Land Commissioner r. P. Ervien Is
in Clayton looking after business for
the land Office.
Notaries Appointed.
Governor Mills. has appointed
Charles NJ. Marshall of Chama, Rio
Arriba county, and Bessie J. Crockett
of Vaughn, Guadalupe county, nota-
ries public.
Appointed Forest Clerk.
E. e. Epperson has returned from
Truchas, Rio Arriba county, and has
taken position as clerk in the Of
flee of Forest Supervisor B. M.
Thomas.
Back at His Office.
Supreme Court Clerk Jose D. Sena
was back at his Office today, getting
up from sick bed to attend to some
urgent business. Mr.. Sena has been
quite i'll with a severe cold and an
attack of lumbago and he Is still
scarcely able to speak. His many
friends will be glad to know that he
is on the road to improvement, how
ever
Examination for Forest Service.
Supervisor B. M. Thomas announces
an examination for forest clerk, male
on June 8, at Santa Fe, Roswell, Ra
ton, East Las Vegas and Albuquerque
to fill vacancies paying from $1,000 to
$1,000 a year The principal subjects
of the examination will be spelling
stenography, typewriting, bookkeep.
ing, arithmetic, penmanship and let
ter writing. The time allowed for the
examination will be seven and halt
hours. Those applying must be be-
\ tween Is and 40 years, must be free
from tuberculosis and applications
must be in by May 20.
Important Decision.
Territory of New Mexico, office of the
attorney general, Santa Fe, May 10,
1911.
Hon. Thomas p Gable, Game and
Fish Warden.
Santa Fe, New Mexico.
Dear Sir-Referring to our conversa-
ton of recent date in which you ask
ed for an opinion from this office re-
garding the powers and duties of the
game. and fish warden and his depu-
ties, two questions were submitted
by you, which may be stated as fol-
lows:
First. Is the warden and his depu-
ties authorized by our statute to ar
rest without warrant person or per-
sons discovered in the act of violat-
ing any of the provisions of the game
and fish law?
Second. Is he authorized to search
the game bags, wagons, packs, fish
baskets and camps of persons sus-
pected of violating the game or fish
law, for the purpose Of securing evil
dence of such violations?
Replying to the first question, /
have to say that by the provisions of
section of chapter 4S of the laws of
1908, the warden and his deputies are
authorized and required to arrest all
violators Of the game and fish laws,
and for any failure to make such ar.
rest they make themselves liable to
fine or imprisonment. Section OF
chapter SO of the laws of 1909 makes
the possession of game or fish at any
time unaccompanied by proper and
valid license, certificate, permit or in
voice, prima facie evidence that such
game or fish was unlawfl4ly taken
The possession of game or fish dur
ing the closed season is prima faci,
evidence of guilt, and it would be pre-
posterous to hold that the warden
cannot Immediately arrest the holder
OF such game or fish without procur
ing a warrant of arrest issued out o1
some court of competent Jurisdiction;
in fact, the warden would be derelic,
in his duty II he failed to make the
arrest, and would make himself liza
able under the provisions of section
3 of the act of 1908 above referred to
by adopting any other course, the
guilty person would be afforded every
opportunity OF making his escape, ant
the ends of justice would be defeated
/ am therefore Of opinion that 1t b,
comes the duty of the warden or any
OF his deputies, upon discovering s
violation of the fish or game law, tt
at once place the offender under ar
regt and present him to some cour
having jurisdiction by the filing o
q proper accusation.
Replying to the second question
(Continued on Page 81