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

ton Of the law. may easily enter the
waters OF the reservoir. In fact. they
might accumulate there. where they
might be taken win IMMUNITY nv per-
sons who were not required TO pay a
license. II has been held that. since
there j. an opportunity for fish To go
from the fishery of one riparinn
owner TO other waters over which
the state has control. the state has
an interest In the fish which enables
IL to make reasonable regulations as
TO their taking. and this h but an
other statemen of he rule that the
fish belong to the public. This MAY
be illustrated further by an applica-
ton OF the law relative TO kiilink
game. " the state has no right te
Impose a license for the taking ~
fish in this reservoir, IL would have
no right 10 impose a license for the
killing OF game upon the adjacent
land. which belongs to the federal
government. Immediately outside az
his reservation. the game Of the state
Is protected by the state laws, hut,
as IL would cross the line. II might be
killed by persons upon the reserva-
ton who had no license. Such game
might likewise he killed out of sea-
SON.. Again applying this doctrine
such game as elk. mountain sheep. or
antelope might be slaughtered upon
the government reservation. and the
state would be powerless TO afford
protection. From these illustrations.
the faIlacy Of a contention that the
state has no RICH, to exact a license
for fish taken In these waters h very
apparent.
My attention has been called 50
the letter written you by 4. W. Dent,
district counsel Tor the United States
reclamation service. which includes
the Elephant Butte project In his let
ter. %contending against the exercise
of the states authority IN this matter
he urges two reasons IN support OF
his contention. lie insists, first, that
the government n the absolute owner
~ this land. and. for that reason. has
the ontrol of same. To the exclusion
of the state aud the operation OF
state laws. II such contention IL well
founded, the state has no jurisdictici'
ns To- h enforcement of the game
and fish law upon forest reserve 10
Gated within The state The govern
ment is likewise the absolute owner
Of more than "a. O00. 000 acres Of pub
iic land within the state. Also, the
government IL the owner ~ lands held
aud occupied bv homestead cntrymen
uhtil patent H. issued. Considering
the vast amcunt Of land owned by the
United States government within inc
boundaries uf this state. the conte q
ion urged in this particular b. too ah-
srrd 60 require further discussion.
The other contention advanced 10y
Mr.. Dent Is thtt various Texas water
users hold the view that, the lake be-
ing government property for which
thry viii ultimately pay. Ia part at
least. the, should bee permitted to fish
iu the reservoir without payment ~
license and without molestation ~
the state authorities. II these Texas
water users are correct in their claim
that they have a property interest In
he waters Of the Rio Grande, hey
I can come on up. and he Joined by the
water users Of this state 81 New Mex
leo. when the water users of the two
| states may assume the same attitude
with reference to the state of Colo
RADIO. ana the water claimants III
Texas. New Mexico and the republic
Of Mexico could fish IN the water
Of the Rio Grande IN the state OF
Colorado Ia defiance 81 al game ana
fish laws and regulations. Again. the
water users OF the pecos. living In the
state 81 Texas. may. with equal pro
ptiety. fish IA the waters ~ thai
trenm from the south line of ths
state ~ Sew Mexico lea the head al
the pecos II auch rights should h'