The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1911-09-01
MARION COUNTY'S GAME LAW
Scientific Dissection of What IL
Probably Self-killed Measure

Editor Star: knowing that the un-
DERIVING purpose Of this so-called law
is class legislation and therefore I'M
constitutional, l decided to go further
into the matter.
For ten years I was a teacher and
taught civil government. which in
cluded the leading principles in legis-
lation. which led me TO believe that
the Florida state constitution must
define the powers of the legislature.
Accordingly l secured a copy. l find
article 3 defines the power of the leg
islature. Section 30 of that article
enumerates certain special acts which
may be passed by the legislature. but
the laws regulating the capture of
wild game is not one of the subjects
for special legislation. Hence the act
is unconstitutional.
Section II of that article declares
that all proposed special legislation
| must have public notices setting out
clearly the proposed legislation posted
and circulated IN the territory to be
affected by the special act. And that
such notice must beg vine at least 90
days before the act is considered in
| the legislature. And that the legisIa-
ture must have conclusive proof that
such notice has been duly given be-
| fore 1t can proceed to consider the
t act. No such notice was given Marion
county and had such notice been given
lit would have been followed by a great
protest and petition. Hence the second
reason for the law being unconstitu-
| tional
| In the third place this law seeks TO
set aside state law of state wide ap-
plication. which no special act can do.
| which is a third reason why the spe-
ciaI act is unconstitutional Hence we
are under the old statewide law. And
| the new law will not protect any man
who shoots game before Nov. LIST.
| I have a little volume giving the
game laws in every state in the Union
and I assure you that no other state
has any such laws as the proposed
new game law for Marion county.
This law means determination of our
game in a very short time. Even the
first of November there are many
coveys of quails so young they can
hardly fly. In September many quails
are setting. Any man or boy who has
any humane feeling in him will shud-
der at the thought Of shooting a
brooding bird or killing the mother
of brood of young quails when the
whole covey will perish for want OF
her care.
When l was a boy in Missouri we
had thousands of quails and an abund-
ance of wild turkeys. Our laws pro
tected them during their breeding sea
son, but for years we had no law pro
hibting trapping and selling game. Ir
a very few years the game was gone
Now the shooting season is only 81,
weeks. from Nov. Is to Jan. l. An6
no game can be trapped or sold. Blu,
!. the effort to conserve the game came
too late. Now they are without game
Just where Marion county will be il
a few years if we try to live under
this new law.
, ! don't think anyone has ever rea(
, any other such stuff in the law book:
of any STATE. Section l prohibit
, shooting until November Is. while tl'
, latter clause in Section ; allows tn
, shooting season to begin the first o
September. Hence the law is self
obstructive and therefore void, ant
there is nothing for our sheriff an.
game warden to do but to work unde
the old law which is state wide.
f AS to the farmers. l have talket
, with a great many Of them and all o
the intelligent condemn this new la "
They are satisfied that whatever gam
rights they have are protected by tn
hunters trespass law. They are ais
aware that when a covey of quailS i
flushed in the latter part of the season
they at once fly to the nearest poste
field. Which results in giving tn
farmer a monopoly of the game. Fo
he can shoot much Is he pleases o.
the outside and then so to his enclos
ure which he has posted and saved TO
himself
For the interests of all the law ough
to be tested at once and set aside. LIE
-, us pull together to conserve our game
= which is valuable asset and stron
= drawing card for Florida.
w. II. Coleman.