The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1911-09-20
SENATOR CARNEY SPEAKS

In Behalf of His Game Law, Which
he Believes Is In Defense Of the
Birds and the Rights of the
People
Editor Evening Star:
In your daily issue. a short time
ago, appeared an article, headed,
Marion County's Game Law" writ
ten by Rev. w. H. Coleman
To this article / wish to make re-
ply.
In the first place, the article had
some sarcasm, and a great deal of
egotism, as well as misinfOrmation.
And though the author of the article
may have taught civil government
for more than ten years, as he states,
it strikes me that he knows more of
the theory of ethics than he knows of
law.
Mr. Coleman begins by saying:
Knowing that the underlying pur-
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-
cifically reserved to itself. In like
mo of Of oiu RI
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 eonsti-
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
ters 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 81 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 thre is not now a
county in the state that has not new
or many local laws. We of Marion,
up to the time that our new game law
went into effect, were operating un.
der local game law, as we'll as many
other local laws.
If Mr.. Coleman was posted even
upon some of the states supreme
courts rulings he would know that
this able body of men say that when
a local law conflicts with a general
statute (nOt 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 complica
tions or ambiguity, and called for a
ber and October in each year. The
conflicting dates occurred in an at
tempt to amend the bill, but only sec
ton 1 was amended, leaving section
| recently passed on our new game
| law, holding some parts valid and
| other parts not. L understand the
matter will be taken to the higher
courts for final adjustment.
Mr.. Coleman should know thai
even if one clause of a law shoull
| be made Intellectual, from constitu
tional defects or other causes, i
would not necessarily kill the whole
| bill Such has been the condition o
| the local game laws that We have liv
ed under for the past two years. The
first idea in the original bill was tt
| shorten the hunting season from fOu
months. as heretofore, to two months
thereby giving all game bette
chance to increase The changing o
| dates of open season in Marion coun
ty was intended to give our owl
home people the benefit of all gam,
that might be in our county, KNOWN.
that the hunters outside of the stat,
would not come to Florida in Septem
ber and October.
Mr. Coleman. as stated above, says
Knowing that the underlying pun
poses of this new game law was 70
class legislation etc. Now, if tn