The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1916-02-09

York. New Hampshire. Missouri, Min
| nesota, Louisiana and Colorado. Yer
mont adopted this form in 1912. Fo
period previous to 1912 the law
were in more or less jumbled condi
| tion due to amendments of yariou.
kinds by different sessions Of the leg
islature. 1t was considered desirable
to get them into better shape and as
a result codification was completed
All law relating to given subject Is
placed in one section or under one
heading. The convenience of an ar
rangment of this kind is obvious
Since 1912 some 100000 copies of the
fish and game laws have been distri
buted. Not less than $4,000 copies
will be distributed this year under
the plan which provides that every
applicant for a license shall receive a
copy of the laws, and the additional
copies given out upon application.
The expense Of q complete codifica-
tion was considerable: it was quite
largely borne by organizations OF
sportsmen and nature lovers, but it
has been a good investment for the
state In that it has materially reduced
the number Of bills brought before the
legislature for consideration The
prohibitive form afforded an ever
present opportunity for Offering an
amendment tacking on still another
prohibition. AS it stands today. pro-
hibitiye amendments are seldom re-
quired, because everything is pro-
hibited except that which is speci-
fically permitted.
There has been some discussion
relative to change from the present
tive form on the plea that other chap
ters Of the statutes are prohibitiye.
Fish and game laws are protective
measures designed to conserve and
save wild life. Crimes against per-
son and property are somewhat diff
ferent in character, and have their
origin in different impulses, although
perhaps fundamentally similar when
1t is considered that the wild life of
state belongs to the people in their
sovereign capacity The enforcement
of fish aid game laws rests with GER
tain officers selected for that speci-
flc work. The successful prosecution
OF violations Is usually more difficult
than successful prosecution Of viola
tions against persons and property,
for reasons apparent to persons famil-
lar with the subject. Under the per-
missive form successful 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. un-
mistakable provisions of law There
is little advantage to a state when 1t
makes laws which provide way for
the easy escape of violators. Escape
on technicality, in a broader sense,
is perhaps the strongest factor III the
problem of the growing disrespect for
justice as administered by the courts.
of natiopal prominence, widely ex-
plotted by sensational newspapers.
The too frequent remark that there is
one law for the poor and another for
the rich ought not to have any foun
dation in fact in Vermont An at
tempt to change the present satisfac-
tory form to the old and unsatisfac-
tory form, means the probable over
looking OF important features and pro
visions. each and all the result of
careful observation extending over
years. \ the possible use of no incon
siderable amount of time by the legis-
lature of 1917 and the education of
the public to the change-and it u.s.
ually takes more than one year for a
change in the statute to become rea-
sonably well understood.
"Sportsmen and all persons inter
ested In the conservation of wild life
may very consistently oppose
change from the present satisfactory
form to form known to be unsatis-
factory involving expense in 1917 and
later on, omissions leading to weak
ness In the structure of certain
statutes which omissions become ap-
parent only as experience in prosecu-
tions reveals them, not due to lack of
care, but to the fact that the human
mind cannot foresee future develop
ments, not to mention the upset of
whole system of procedure. When q
statute permits the taking of a bird.
an animal or fish at a certain time.
in certain way but at no other time
and in no other way, the intent and
letter of such provision Is clear
and 1t can be regarded as nothing
other than progressive, safe and sane
legislation as viewed from the stand
point of the layman who is not con-
cerned with historic and legal
niceties, but who is concerned in Sc
curing an effective statute that will
accomplish that for which it is de-
signed. 1t is interesting to note that
no state which has adopted the per
missive form has reverted to the pro-
hibitive. Should Vermont do so. 1t is
felt by many interested persons that
il would be taking a step backward