Arizona republican., 1915-06-04
SAYS DOVES ARE
 NUT PROTECTED
United States Commissioner Jones Dismisscs the Case A gainst Tucson Man Charged With Violating Federal Game Law
Especial to The RepublIcanl

TUCSON, June 3.-United States Commissioner Jones this afternoon dis missed the charge against Horace liar riSon, charged with violating a federal
 law in shooting two doves on Tuesday l June l, the date upon which begins The
 open season for doves and white wings
 In Arizona. Harrison gave himself up
 on Tuesday after shooting two doves
 this being done in order to test the con tention advanced by State Game War
 den Willard that doves and white
 wings are protected at this time under
 federal migratory regulations. The
 commissioner today decided that the
 contention of Warden Willard was
 without merit and discharged Harrison
 who had been released the day before
 on his own recognizance.
 Of the arrest of Harrison. the Ari-
 zona Star on Wednesday mornine.
 had tEis to say
 On charge hat he had killed
 two doves III violation of the federal
 statute forbidding the killing of mi
 giatory birds in Arizona during cer-
 fain times of the year. Horace liar
 rlson, local shooting expert. was ar
 rested yesterday and ararigned before
 United States Commissioner Jones
 His hearing will probably be held
 today. and he was released on his
 own recosnlzance. The case was
 initiated by Mr. Harrison himself
 in order to test the validity of the
 stand taken by State Game Warden
 Willard that a federal law exists pro-
 tectins doves and white wings during any part of the season when the state law authorizes the taking and killing or these birds
 Harrison killed the two doves on the Rillito yesterday morning as soon as the state jaw was in effect. and on his return to the city rendered the birds 10 Deputy Game Warden ". Ii. Thomson and requested that he be arrested Thomson swore out the warrant before Commissioner Jones. and Harrison was notified of his ar rest by Deputy United States Mar shal Brad Duncan, and appeared be- fore Jones later in the afternoon, when arrangements were made for the hearing.
 According to the language Of the complaint sworn to bv Thomson. liar rison is charged with that he did unlawfully shoot ard kill two doves contrary to the provisions of the reg ulations of the department of agri- 1 culture promulgated by proclamation | of the president Of the United States ! of date October l, 1913'
 'QGestioned as to what incentive 1 prompted tie game warden in mak- | ing this arbitrary ruling. Mir. Hlrri- | son said: I think Mir Wilard's of | ficial communication to the Star in i his telegram of May 29 explains the ease. MT. Willard's pet game bill ] died natural death in the IegisIa- ture by reason of the storm of pro test that was made by sportsmen and | farmers throughout the state against some of it's absurd provisions.
 " Possibly some gun and ammuni- ton dealers beside myself joined in the general protest and thereby in cured the displeasdre of this auto cratic official who does not care to see the law enforced" after tie mid dle of July, and it really looks as if this is intended to warn future pos slble offenders against the dignity and 1 will of d public officer who is i'm mune to their displeasure by reason )f holding an appointiVe position Be that as it may, it seems strange that he game warden aid not raise this point in 1914 when the same reg IIa- lions were in force, but on the con rary caused to be printed on the hunting licenses forms:
 Doves and white wings, June O February L. It also seems strange hat no copy of the prohibitory reg llation could be produced by Deputy 1 Thomson when the same was asked | or by me. Is it possible that the game warden has been concealing a egal joker to spring on the unsophis- icated sportsmen of the state? Is | possible that there have been nc iolations of the state law? We lave certainly heard of no attempt 1 O prosecute any in Pima county. and ( there have not been any. why the 2 ecessity for a deputy state game f warden to shoulder the responsibility T f the federal officers? V
 When the state legislature ere r ted the office of state game warden h specifically defined his duties, anu 9 xed the open seasons for game. and urely it is not inconsistent to spCcu- c tie as to whether the present in f. 1mbent has not outgrown his job b hen he finds the limitations Of his n tate functions so restricted that he Il ;tS to abrogate the powers of fed u ral officials b