The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1916-02-09
LOCAL SPORTSMEN
OPPOSE CHANGE
IN LAW FORM
System Now in Use Has Accom-
plished Results
is GENERALLY UNDERSTOOD
If Statutes Are RemodeIed Benefits
Of Years Of Education VIII Be
Lest.

Bennington county sportsmen, who
believe that they obseI-e the real
spirit and purpose of fish and game
protective laws as well as, if not bet
ter, than the hunters and fishermen
in any other part of the state, are Wit
ally interested In the proposal to
change the legislation from the per-
missiye to the prohibitive form.
In their present form the fish and
game laws specifically state what is
allowable and the seasons are defined
as clearly as it has been possible to
fix these limits. At the same time,
laws as they now stand have come to
be fairly well understood by all clas-
ses of men who frequent the woods
and who follow the water courses OF
the state. Unless they can be con-
vinced that some radical improvement
that will further the preservation of
fish and game is going to be accom-
plished by the proposed change, it is
safe to state that Bennington county
oPOi tShitii do ~ WuOiC " III OC AOulAQ
in favor of setaining the present
form.
The following argument presented
by one of the best authorities on Ver-
nont fish and game conditions gives
some Of the reasons for retaining the
present prohibitiye form of legisla-
tion and points out some of the dan
gers that will be created by a change;
1T is. interesting to note that until
only few years ago laws relating to
the subject of fish and game were uni
formly drafted in the prohibitiye
form, 1t was made unlawful to take
n fish or an animal in certain periods
OF the year and throughout the chap
ter it was succession OF shalt not"
provisions. No human mind appear
ed to foresee all the things that might
be done in violation of the spirit, but
not the letter, of these statutes,
manifested by the violators as by the
makers of these statutes. Therefore,
it was comparatively easy for bright
lawyer to find the necessary techni-
cal loophole by means of which his
client escapes paying penalty. Many
times it was proven that the spirit OF
the law had been broken, but i'll the
absence OF specific prohibition
against an unlocked for contingency
the violator escaped and upon the FISH
aud game department devolved the
expense in warden service and other
expense. To plug up these loop holes
was the duty assumed by succeeding
bodies of legislators. The time thus
spent might have been otherwise en-
ployed and was sometimes subject
of criticism. This constant changing
OF the laws by additions of further
prohibitive features led not only to
increase in bulk but, in some cases,
unexpected and disappointing con-
fiict in the laws. p
Men who have made fish and game
legislation constant study concluded
that better results might be obtained
by making the statutes permissive in
form rather than prohibitive. For in
stance, instead of endeavoring to
state the many and varied ways in
which a certain animal or fish shall
not be taken, the permissive form was
adopted which simply provides that
such certain animal or fish may be
taken between such and such dates
in the manner specified and in no
other way. Thus man quickly and
readily ascertains what he may do
and that anything outside of this per-
mission is a violation not only of the
spirit, but the letter of the law. He
does not have to wade through n
more or less complicated catalogue of
things he must not do.
1T becomes so clear and plain that
any person OF average intelligence
may readily comprehend it, and sim
plicity in statute. that simplicity
which makes it easy of understand
ing, is highly desirable in body po-
| litic that is supposed to be self gov
erning. The so-called ingenious law
breaker, who frequently was able to
defy the law under the provisions OF
prohibitive sections, discovered that
| the new form was a sort of stone wall
| thoroughly plastered and solidiiied
| and containing none of the old. famll
lar loop holes through which he might
by the aid of his attorney equeeze
| through officials charged with EN-
forcement of the laws have found this
form superior to its predecessor. Law
| breakers do not like it.
States other than Vermont which