The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1917-09-15
ALLY YOU
PLEASE SUNDAY:
!. COURT WILLING
Shooting of Crows as Private Di-
version Doesn't Constitute
Sabbath Breaking
SEASON OPENS AT 12:01
TONIGHT AS LAW STATES
Fields Will Be Filled Tomorrow
With Thousands. of Sportsmen e
Cunning for Birds

North Dakota spOrtsmen have the
permission of the supreme court to
shoot their heads off tomorrow. The
opinion Of the court holding Sunday
shooting not a crime, written by
Judge Robinson, follows:
"The shooting of crows as private
diversion not witnessed by the public
generally in such a way as not to
attract crowd or to injure anyone
does not constitute the crime of SAB
both breaking"
To shoot or not to shoot beginning
at midnight tonight remained a debat-
Dakota sportsmen until this afternoon,
when the supreme court announced
it's decision.
The law says tina: the season for
prairie chicken, duck and other water
fowl opens at midnight
The law also says that all manner
of shooting shall be prohibited on
Sunday 1l3..
Attorney General LANCER had orally
denied responsibility for oral opinions
ascribed to him to the effect that
game wardens should be held respon
sible for the enforcement OF the ban
on Sunday shooting. He had not,
however, intimated that he would not
undertake the enforcement Of this law
through the states attorneys.
Fields Will Be Filled.
The only danger of law-breaking
confronting the North Dakota sports.
man tomorrow Is that he may injure
someone. The fields will be filled
with gunners as a result Of the courts
decision: A general exodus is now in
progress Evening trains will carry
scores to favorite meadows and duck
runs. Bright and early tomorrow
morning, before the sun is up, auto
mobile-loads of eager sportsmen will
be on their way.
Taken by Surprise. -
Some 10000 city spOrtsmen, who
have little chance to hunt on Sunday,
apparently did not awake to the fact
that the last legislature had more or
less specifically prohibited this sport
until an oral opinion came from the
Office of Attorney General LANCER to
the effect that the ban on Sunday
shooting would be enforced and that
the season would not open this fall on
Sept 16, because that date fell on
Sunday, but that sportsmen must re-
frain from blazing away until 1901
a. m. Monday, Sept. II. To test the
validity of the section prohibiting Sun
day shooting, a friendly suit was insti-
tuted in Judge Coles court in Cass
county, with A. X. Davis as the de-
ForAort onI ;r,r, oI I;ofo x,oo
taken to the supreme court, where the
case was advanced on the docket for
hearing Friday, in order that a de-
cision might be reached, if possible,
before the opening of the hunting sea-
son.
Can't Store Birds.
SpOrtsmeu received one setback Fri
day, when Judge Nuessle in the Bur-
leigh county district court ruled that
the legislature meant business when
it prohibited the storage of prairie
chickens last fall This decision came
in denying an, application of Game
Warden William Reko of Mandan for
a writ OF mandamus compelling Secre-
tary George NJ HOgue of the North
Dakota game and fish board to issue
permits for storing prairie chickens.
Judge Nuessle ruled that the old law
permitting the storage of prairie
chickens is superseded by the act of
the last session prohibiting storage,
even though the latter does not spe-
officially repeal the former.
The Open Season.
Prairie chicken, snipe, grouse and
partridge may be killed between Sept.
Continued on pags ~