The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1916-06-03

the offender, in resentment against the
whole game protection system, which
rests on a popular sentiment none too
well grounded \ few years ago a
bill to abolish the entire code lacked
only a few votes Of passage in the
House
Long ago our lawmakers sawtlle i'll
justice Of cumulative sentences in
other matters and a reasonable limit
was placed. A few instances under
the old prohibitory law where men
were given almost HE terms fur liquor
selling-longer sentences than were
being imposed for burglary, arson or
manslaughter-br this feature
out in so strong a light that cmlula
tive sentences beyond a certain limit
were stopped and this is the law now
There is no sense in furnishing a
man more severely for the infraction
of police regulation of minor impor-
| lance to the well-being of the state
than is done for violations Of the moral
law. If it is continued, there will
come a reaction that may oyerturn the
whole system.
1t is a singular condition that in
respect to the fish and game laws OF
Vermont there now prevails a differ
ent code, patterned on a different
basis, than in respect to any other
form of legal restraint on our statute
books In all other codes there is a
clear statement OF just what the often
der may not do, with the penalty
named if he does it, When it comes tC
the taking Of fish and game, there is q
list OF things that ne may do, under
certain conditions, and a penalty il
he sdoes anything else or does thest
things not in accordance with the pre-
scribed conditions 1t is "Thol
, Indyest," instead of a Thou shalt not.
! The effect is to submit the citizen t
needless risk and burden. He must as
| sumo all doubt that arises concerning
, | the meaning or application OF tn
statute. 1t means in operation a stric
instead of liberal or reasonable cor
struction If man is permitted to d
a few things and forbidden to do a
others, ii may readily be seen tina
either through design or without du
= consideration some of these othe
: things as they appear in actual eXpe
} fence are not natural offences an
were not intended TO be, yet under tn
backhanded frameup of the preseI
o game code the most innocent occu
+ renee. if it is not clearly permitted b
G law. is by the same law is by the SAN
y law prohibited and becomes punis
r able
IS This is not the principle upon whiC
l. penal codes are founded. Man is j
e tended to be a creature of liberty c
n cept so far as it is necessary to Gu
N tail that liberty in certain particula
in order to preserve the rights
others. We do not get our individu
rights by permission OF statute; tn
are restricted in special cases on
when it is shown that the gener
welfare will be best promoted by SUI
restriction We should not look
the fish and game laws to see what
may do lawfully, but to see what
may not do unlawlully, the same as
do in respect to other matters.
- Jehovah himself when He hand
n down the Ten Commandments set t
style in lawmaking. 1t was clear a
unmistakable Thou shalt not do tn
r. and so. Beyond that He left liberty
7, action to mankind This has been
=. style from then until very rece
~ times, when some Of our clever prom
S. ers have sought to improve on it. y
- are to be permitted to 90 tic thin
= they are willing we should do a
J prohibited from doinS the rest.
In respect 20 ish and game legis
,ry ton, would il not be wcll 10 SRI
- back TO the Jehovah ccde?-Rantol
~ Herald and News.