The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1917-07-14

A few dEfs ago Attorney teneinl
Patton handed down an opinion to
the effect that persons from Texas,
or any other stste. required a license
from the fish and same warden of
New Mexico before q would be perl
missible for them to FISH in the wat
crs OF the Elephant Butte reservoir.
The editor Of the ~ Paso Times pro
cceds TO poke fur at our attorney ger.
crai because Of this ruling. He says
''The Morning Times has receive i
y copy OF an opinion rendered by the
attorney general Of New Mexico. at
the rcqres; O Z the FISH M gam war
den Of the state. relative 80 the neces-
atty Of procuring licenses TO fish In
the waters OF the reservoir OF the
Elephant Butte dam. II II an inter-
cstlng ACCOMPLISHMENTS interest
ing. IL il a profound document. also.
for sitter careful reading we fan 20
discover anything IN the vas Of a lie
gal- opinion. founded upon anything
WHICH mas INV EtNNN'AANhf - A'E
justice or law: and Il there Ia con
cealsd within its cicht typewrittcn
pages a valid excuse or a rational
reason FOR upholdIng the contention
that licenses must he had before fish
can be taken out OF h lake by hook
and lire. Il H. most skilfully hidden
between the lines.
However. after an exhibition OF.
sober and sedate augmentation. tho.
attorney general declares that II any
one desires 20 indulge in the great
American sport of Turing the finny
tribe from its native eiement-as that
elemen. IL constituted behind the Ele-
phsnt Butte dam-ho must first pro-
yide himself wit Ia state license He
admits that this dam - a reclamation
project provided for by act OF con-
gress. n that the United States gov
eminent is the owner thereof-"own-
ey OF the dam. the reservoir and the
land upon which IL IL located - but he
goes on TO say that the whole thing is
subject to the Jurisdiction Of the state
~ New Mexico-and then quotes from
the constitution Of the United states
thereby injecting into his opinion
something really worth while. II II
had only mad some reference To the
subject. lie Also quotes somewhat
$500 - AF.s.. a.nafNgNFtgr
and at length from an opion rendered
by hia predecessor in office. h hap
pence to be a LAWYER, All this IL for
the purpose Of UNFOLDING the wish
~ some OF the state officials that a
license be required OF the would-be
fishers. but ne falls to get very close
20 the point in issue.
RE then ROW facetious. and In
dulges his imagery IN a proposed fish
ing party going from the republic Of
Mexico 10 fish In the waters Of the
Rio Giande in the state % Colorado
which no doubt can be done with the
greatest Of impunity lie also ad-
mits that the district counsel FOR the
United states reclamation service
which has control Of the Elephant
Butte project. declares that the state
authorities ave no Jurisdiction over
the fish In the waters there. for the
very sufficient reason that the gov
eminent Is the absolute owner OF ihe
lama and has the control of same To
the exclusion ~ the state ana the OPP
Grafton OF the state law. And yet n
you fish in the Elephant Butte dam
you viii pay a state license or De pat
10 the trouble % defending your cause
ia the New Mexico courts.
The trouble with Attorney General
Patton. Of New Mexico. BE- that he Be-
trying 20 blow hot and cold. lie feels
that the state needs the none and h
f. trying To help gel Il. despite the
fact that he has no authority iu law
or comon sensc a. make such AN az
tempi-to render such an opinion AZ
the present time there Is no question
that the government has exclusive
control Of The Elephant Butte dam
and lake There are also game pro-
lection REGULATIONS provided h' the.
federal acts whirh control aud nome
Of them require licenses 10 eaten o.
mess Of fish-nOt even m the Elephant
Butte lake. ~ NeW Mexico wants to
BE- unique. she will be- 80 when the
opinion 81 the attorney senerul be-
comes known. New Mexico lawyers
% note hold there u nothing IN h
game aud fish law Of that state which
contemplate meLing u one pay "a
license 10 catch ans ~ the varieties ~
fish that abound in the lake AZ File
plant Butte and that the laws pre-
scribe only thai there shall pc no
wh,iesale slaughtoring 81 fish Dnt
when a person takes has line and rod
end Ms little can OF bait. or mis- ny