The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1916-01-29

fish and game laws have been dis
tributed. Not less than $4,000 copies
win be distributed this year under the
plan which provided that every appli-
cant for a license shall receive copy |
of the laws, and the additional copies |
given out upon application.
The expense of a complete codifca- |
ton was considerable; it was quite |
largely borne by organizations of |
sportmen and nature lovers, but it has |
been good investment for the state |
in that it has materially reduced the |
number of bills brought before the |
legislature for consideration. The pro-
hibitive form afforded an ever pres
emit opportunity for offering an amend
ment by lacking on still another pro-
hibition AS it stands today prohibit
tive amendments are seldom required,
cept that which is specifically permit
ted.
There has been some discussion rela-
tive to a change from the present per
missive to the old style prohibitive
form on the plea that other chapters
| of the statutes are prohibitive. Fish
and game laws are protective meas
ureS designed to seonserve and save
wild life. Crimes against person and
property are somewhat different in
! character, and have their origin in diff
ferent impulses, although perhaps fun
damentally similar when it is consid-
| cred that the wild life of state be-
longs to the people in their sovereign
capacity. The enforcement of fish and
game laws rests with certain officers
selected for that specific work The
successful prosecution of violations is
usually more difficult than successful
prosecution Of violations against per-
sons and property, for reasons appar-
emit to persons familiar with the sub
jeet. Under the permissive form sue
cessful prosecution of violation of fish
and game laws has become much
more general. Very few appeals to
higher courts have been successful and
not only the department of fisheries
and game, but the state as a whole,
has been better off financially because
of clear, unmistakable provisions OF
law.
; There is little advantage to state
when it makes laws which provide 9
way for the easy escape of violators
Escape on o technicality, in a broader
! sense, is perhaps the strongest factor
= in the problem of the growing disre
spect for justice as administered b.
the courts. This is attested by som
of the cases of national prominence
4 widely exploited by sensational news
papers. The too frequent remark tina
: there is one law for the poor and an
/ other for the rich ought not to hav
: any foundation in fact in Vermont
II An attempt to change the presen
satisfactory form to the old and un
!, satisfactory form, means the probabl
= overlooking of important features an
= provisions, each and all the result o
: careful observation extending owe
!: years, the possible use of no incor
: siderable amount of time by the legi
! lature Of 1917 and the education q
: the public to the change-and it usl
! ally takes more than one year for
= change. in the statute TO become re;
- sonabty we'll understood.
ia sportsmen. Against Change.
ID Sport slifesss Nh ali persons intereste
IN in the conservation of wild life ma
at very consistently oppose a chang
lg from the present satisfactory form
a 2 fornr-known TO be UNSATISFACTORY
he involving expense in 1917 and lat
Ve on, omissions leading to weakness
IN the structure of certain statute
Ist which omissions become apparent on
as experience in prosecution revea
te- them, not due to lack of care, but
p- the fact that the human mind cam
So foresee future developments, not
~ mention the upset of a whole syste
he of procedure.
=. When a statute permits the takii
: Of bird, an animal or fish at a &C
~ tain time, IN ? certain way, but at
~ other time and in no other way, t
~ intent and letter of such a provisi
eS Is clear and it can be regarded
:: nothing other than progressive, sa
~ and sane legislation as viewed fro
NV the standpoint of the layman, who
not concerned with historic and lee
niceties, but who is concerned in
oh curing an effective statute that w
rm accomplish that for which it is {
rk signed.
ia, 1t is interesting to note that
mt state which has adopted the perm
sive form has reverted to the prohi
ere tive. Should Vermont do so, it is Il
ION by many interested persons that
IDS would be taking step backward a
us Vermont during the past few We;
to has secured a reputation of being o
a of the most progressive states in t
ed Union in respect to practical, soul
ect efficient and reasonable laws design
me to afford that necessary protection
ar wild life which is essential to save
u.s. from determination.