The Sisseton weekly standard. (Sisseton, Roberts County, S.D.) 1892-1929, 1916-06-23
Can ship
GAME FISH
Judge Smith $ Ruling Pleases
Sportsmen.

interest to the SpOrtSmen Ot South
Dakota was tried in Webster, Tues
day, the case of State VS.. Wesley
+. kading. In the complaint the
defendant was charged with the
crime of violating the law prohibit
ing the shipment of game fish with.
in the state. l.. w. Bicknell APP
peared for the defendant when the
case was brought OIL for hearing
before Justice Albert Smith, and
filed demurrer setting forth that
the complaint contained insufficient
facts to establish a violation of the
state game law in SO far as there
was no provision in the statute
against the shipment of fish within
the state. After hearing the argu-
ment of counsel in the case, Justice
Smith sustained the demurrer and
the case was dismissed.
IF Attorney Bicknell's interpre-
tation of the law holds good. the
intention of the Legislators has evil
IDENTIFY miscarried in this matter, as
they certainly intended to prohibit
the shipment of game fish within
the state, which is evident from
the fact that in another section
they provide penalty tor such
shipment,
However, taking issue with
Mr.. Bickuell and Juktice Smiths
Interpretation of the law, quoting
from section 20, of the Game and
Fish Laws of South Dakota, Gun
lawful ,c sell OF TRANSPORT. +" Taking
the latter part of the section on
which Attorney Bicknell bases the
demurrer 1T shall be unlawful to
sell or offer for sale any trout, bass
shad, croppie, pike or pickerel talk
Ell or killed iii anv of the waters of
this state or to ship or transport
them out of the state. But inn
mediately following this is this
clause, which we think fully covers
the proposition of shipment within
the state. 1t shall be unlawful
for any expr ess company or other
carrier, to receive, ship or trans
port any of the fish aforesaid taken
or killed i'll any of the public waters
of the state
The next section of the law
section 80, provides: Any person
or persons or officers or servants of
any corporation convicted of violat-
ing the provisions of the last sec
ton shall be fined in the sum of
not less than $50 and not more
than S1OO for any offense.,
AT the best the law is not very
clear on the proposition and rather
confusing. The case as to Kading
may be Questionable, but the liabil
ity of the carrier receiving and
shipping game fish as set out III
the law seems to us to be unques-
toned and that an action would lie
against the Wells Fargo Express
company or its agents for receiving
and shipping the fish in contro-
versy. - Webster Reporter and
Farmer.
Architects for the 100000
stock company, which has purchas-
ed the Bonanza spring property
were on the grounds last week and
report that plans will be rushed
with the expectation of having
their sanitarium completed and
ready for business early next
spring. The springs is all ideal
place for an institution of this
kind and the stockholders of the
company are all prominent doct ors
who know what they are going in
to. 1t is planned to run boat at
regular intervals from Ortonville
until such time as the Luce electric
lime reaches the lake to accommo-
date patrons. -Beardsley News.
For Sale Siberian and B. c. Mill
let. Inquire of A. o. Gross.