The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1911-09-22
SENATOR CARNEY ON THE GAME
LAW
To the Editor Ocala Banner.

y
ago appeared an article, headed,
Marion County's Game Law" writ.
ten by Rev: w. H. Coleman.
To this article 1 wish to make re.
ply.
In the first place, the article had
some sarcasm and a great deal If
egotlsm, as we'll as transformation
And though the author of the article
may have taught civil government
Tor more than ten years, as he states.
IL strikes me that he knows more of
the theory of ethics than he knows of
law.
MT. Coleman begins by saving.
knowing that the underlying mr.
pose of this so-called law is class leg
islation, and therefore unconstitution.
al" ETC., he proceeds to dissect him
self and the new law.
The constitution of the United
States delegates all powers to the
states of this union that are not spe-
officially reserved to itself. In a like
manner the state of Florida gives to
the people (and the people act
through the legislature) all powers to
make laws that are not specifically
reserved to herself by the state con-
stitution.
Article 3, section 20, state consti-
tuition says there shall be no local
laws on certain subjects, such as
regulating the practice of courts, col
lecting state and county taxes, etc.
This is as it should be. These mat
tiers are statewide in application for
the general good. This section, when
read by an intelligent, honest man,
shows just the reverse of what is in
tended to be shown by Mr.. Coleman
Section Fl of same article 8 says:
In all cases enumerated in preceding
section 20, all laws shall be general
and of uniform operation throughout
the state; but in all cases not emu
merated, or excepted, in that section
20. The legislature may pass special
or local laws. Local laws have been
in operation all over the state proba-
bly, ever since the state entered the
Union. l believe tire is not now
county in the state that has not a new
or many local laws. We of Marion,
up to the time that our new game law
went into effect, were operating un-
der a local game law, as well as many
other local laws.
If Mr.. Coleman was posted even
upon some of the states supreme
= courts rulings he would know that
z this able body of men say that when
s. local law conflicts with a general
y statute mot the constitution, remem-
ber>, then the local law takes prece-
dence over the general statute.
Mr. Coleman says he has a small
volume giving the game laws in every
state in the Union, and no other state
has any such laws as the new game
law for Marion county.
In reply to this l simply say that
suppose those laws in other states
have been dictated by, and made in
the interest of, the sporting frater-
nifty, as our state game laws have
heretofore been. AS our new local
county game law now stands it is
true that it is conflicting as to dates
of the closed and open season. This
is to be regretted. The bill as orig
inally drawn was without complied
lions or ambiguity, and called for a
general open season, only in Septem-
Der and October in each year. The
conflicting dates occurred in an at
tempt to amend the bill, but only Sec
ton l was amended, leaving section
5 unamended Our lower court has
recently passed on our new game
law, holding some parts valid and
other parts not. | understand the
matter will be taken to the higher
courts for final adjustment
Mr.. Coleman should know that
even if one clause of law should
be made Intellectual, from eonstitu-
tiona1 defects or other causes, it
would not necessarily kill the whole
bill. Such has been the condition of
the local game laws that we have liv-
ed under for the past two years. The
first idea in the original bill was to
shorten the hunting season from four
months. as heretofore, to two months
thereby giving all game a better
chance to increase. The changing OF
dates of open season in Marion coun-
ty was intended to give our own
home people the benefit of all game
that might be in our county, knowing
that the hunters outside of the state
would not come to Florida in Septem-
:. her and October.
Mr.. Coleman, as stated above, says;