Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1913-06-02
OPINION ON GAME
PRESERVES
Attorney General Gives Views
on Right Of Owners to Kill
Game or Fish Irrespective Of
State Laws.

Santa re. n. NJ, June 2.--'rhe al
torney general has handed down the
following Interesting opinion On the
state game laws:
..eu santa Re. n NJ, May 80.
Hon. Trinidad G. de Haca. Stat. Game
and Fish Warden. Sanin Re. n. M.
Dear sir: have your letter 0f the
goth instant asking for the opinion
of this office as 20 whether there IN
any provision In Division A" o. the
game and fish law. chapter 10 Of the
laws OF 1912. under which the holder
OF license for parks lakes or pre-
serves may XIII OF take game Or tish
al an times during the year,
II Il provided By section Sc ~ the
act above referred 80 that all game
fish. with the natural increase
thereof. held or confined In any park
or lake" which has been daily ~
ccnsed. shall be deemed the property
OF the licensee 10 the exfcnt that Ne
may lawfully retain. pursae. capture.
kill. use. sell or dispose OF the same
in any quantity by conforming 20 the
conditions and subject 10 the restric-
lions prescribed In relation thereto
Section 50 OF the same act refers 20
the "keeplng" within any park. en-
closure. lake or body OF water. sec.
tions 81 and So also refer 10 she
keeping" ~ game and fish In parks
or lakes. and section 50. which pre-
scribes the form OF license Tor a park
or lake. authorizes the llcensee "t'O
keep and propagate therein and dis
pose Of as provided FOR By law" AMI.
mails. birds or fish. IL would seem
that before anyone could be author
ICED 70 XIII game ana sell the same ~
ans season Of the year. that such
game must be kept. held or con-
hned" IN what may be designated as
la park TO hold aud conline a wild
animal. such as deer. Tor example.
must certainly require the erection 81
ia suitable fence over on Through
which a deer would be unable "a
make is way In the absence OF such
am obstruction u can not be- said that
a Wild animal Is being held or con.
fined"
So far as FISH are concerned there
would seem 20 be no question that
II there il not free communication
between the pond IN which the hsh
are confined and any public stream al
the state, the owner OF such pond. by
complying with the law IN regard "a
license may sell and dispose OF ths
fish az any season OF the year. u
would also appear that II such q
fence as above described IL construct
ed that tho animals confined therein
may be killed ana disposed Of by the
owner of the enclosure "a any tim,
OF the year.
= Il has been settled by the courts
] that FISH and game. being Wild ami.
mails, their ownership, 80 far a. the,
are capable OF ownership, Is in ths
state Tor the benefit Of an les pe0pl,
in common, and a private person can
not acquire an exclusive propcrts
J therein except by taking and reduc'
Ing them 90 actual possession. Undel
our statute therefore Il would APP
! pear that game before u can be sold
must be- reduced 10 actual possession
J by imprisonment IN an enclosur,
through which or over which such
lxnme can not make ~ way
! That this View IL a correct one y
emphasized by consideration OF ms
/ fact that unless there ~ such an en-
/ closure there would be nothing q
prevent game animals coming lntg
the so-cnlied park az an times and
there would be no way OF distinguish.
ing between animals 80 coming ~
from tho outside and those which are
, kept. held o. confined. IN thu Inn
, gUage ol the statute. Yours truly.
FRANZ W. ui.AAck,