Daily Kennebec journal., 1913-09-17

desire 10 call public attention TO
the first attempt oftthe Commission
ers nj Inland Fisheries and Game to
make So called Rules and Regula
tions." since the codfication of the
| Fish and Game Laws made by the
last Legislature.
| In the Senate last winter when the
first Private and Special bill came in
fer the local regulation of fishing,
made some very pointed remarks 1s
To the viciousness of this class Of
Legislation. ! stated that | did not
believe that there should be a special
law for every frog pond in the Stafa
of Maine. but that the whole subject
matter should be covered by general
laws. Whether caused by the dis
eHssion or not, widespread demand
for the repeal of the Special Leglsla-
ton and the enactment of general
| laws in relation To Fish and Game,
| followed from all parts of the state.
| This demand became so strong that
an order was introduced into the
| Legislature. authorizing that Com
mittee on Inland Fisheries and Game
to codify all existing laws in relation
to the subject. and to employ for hat
purpose.2sstwo competent attorneys
IGlothssd ssith this authority the com
/ mittees did4employ Hon. l.. 7. Carrie
/ ton and, think, Hon. William r. Pat
Itangall. At any rate, ] know that Mr..
Carleton spent weeks of time in as
| siduous and painstaking labor in re-
! yising and codifying the existing laws
| in relation Ia the subject The labors
of counsel and of a very hard work
| ing committee. of which Senate"
Joseph W. Allen was chairman, final
| Is reported a complete codification OF
the laws in what is now Chapter Two
/ Hundred and Six of the Public Laws
of 1913, making thirty eight pages.
From my general information on the
subject | had become satisfied that
| the principal trouble was with the
authority vested in the Commission
ers of Inland Fisheries and Game,
under Section Thirtysix of Chapter
Thirty-two of the Revised Statutes,
authorizing them TO make Rules and
Regulations" which authority they
had used in the past ad libitum in
closing streams and ponds upon the
petition of few interested citizens.
Under that practice the Commits
sioners of Inland Fisheries and Game,
could, and did close many streams and
ponds, and made it Illegal to fish
therein without the actual knowledge
| of but very few citizens of the State.
| The result was that very many hon
ora bic and law-abiding citizens be-
came law breakers without any inten
! ton of violating any of the laws of
| their state What happened might
have been expected general feei-
ing of hostility towards all Fish AMI
Game Laws prevailed throughout the |
State.
In order to correct this practice, and |
, to make it impossible for the Com
misisoners To defeat the action of the |
Legislature in codifying the laws, | |
introduced a bill taking away from
4, them the authority to make Rules |
and Regulations" | talked with Two |
members of the Commission and sew
eral members of the Legislative Com
| mittee on Inland Fisheries and Game |
and they all agreed with me that the |
i law ought to be repealed. Later ] |
had a talk with Mr. Carleton and he |
suggested that it might be we'll to
leave with the Commissioners. au-
thority to close waters in eases of
emergency. Mr.. Wilson and Mr..
Viles assured me if that provision
were inserted the authority would not
lie used except in cases of actual
emergency, because it was a power
which the Commissioners would oe
!, very glad To surrender.
The result was the bill as reported
:, by the Committee, which became a
law. contained a provision giving 10
the Commissioners of Inland Fish
leries and Game the authority to make
Rules and Regulations" But it was
generally understood that this au
thortv should not be used. except in
eases OF emergency.
| though; knew the feeling of the
Legislature in regard 10 these Special
Acts and Special Rules and Regula-
tions," and | do not believe that the
law would have been passed with tina,
provision in il, had the Legislature
thought that the very first time the
authority was invoked the petition
would be granted as it has been. in
changing the law in Great. Long,
East, North, Ellis, McGraw and Snow
Ponds. so-called, being the Belgrade
chain OF lakes III henheDtc ana Soiii-
erSet counties.
1t is entirely immaterial to me who
the petitioners We're who asked for
a the closing of these waters, or how
, much pressure was brought TO bear
3 Iupon the Commissioners. In view OF
all the circumstances, their action in
/ making these so-called Rules and
!, Regulations is breach of faith with
e the Legislature.
It The people of Maine do not believe
= in, or desire, secret pigeon hole iegi5-
\ lation. The Commissioners have REL
Gently published little pamphlet con-
tanning the Revision of 1913. ana
every citizen of Maine has the right
to believe that that contains all the
laws of this State in relation to the
subject No good can come to the
cause of the protection of fish in this
State by having an innocent fisherman
notified for the first time what the
law Is, under these so-called Rules
and Regulations" by a warden whc