Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-03-08

perhaps be not commensurate with the
misdemeanor that he had committed.
Now l am very glad that that par
ticular part of it is stricken from the
bill
And now I desire TO say something
about the latter part of the Act,
which says the possession by any per-
son Of any loaded frearm or a firearm
with cartridge or cartridges in the
magazine thereof, in an automobile at
any time. shall be prima facie EVIL
dence of hunting in violation OF this
section. 1t seems to me that the fact
that a person has loaded rifle or
rife with a cartridge in an automobile
being prima facie evidence of the
commission of any misdemeanor, is
going further in the prosecution of
the criminal law than we ought to go.
The class Of cases in which we have
certain particular pieces of evidence
as prima facie evidence Of guilt. has
always been as far as I recollect in
this State. the class of cases which
had TO do with sale and keeping of
intoxicating liquor. Now We are be-
ginning at the present time to add
that particular piece of evidence to the
hunting laws of the state of Maine.
and it seems to me that with the
money that We spend on the hunting
laws. and the men that we hire. and
the great activities that there are in
the hunting districts of Maine in or
der to find people that are violating
the law-and l want to say here that
&c h iAh Fpr fn
take any kind of an automobile. even
Ford. and ride through the woods
hunting for these particular animals
that trey are chasing. SO they must
perforce shoot from their automobile
while they are riding along the road
i want to say that at this time we
are adding n particular feature to the
enforcement OF this particular law,
and it will not be very long before
somebody will come in here and ask
that the possession of some material
in a boat. lobster trap perhaps with
out name on it. is prina facie evil
dence that that man intends to fish
for Holsters without having his traps
marked; and it will not very very long
before We will have all the other laws
of the State of Maine that pretend to
prosecute misdemeanors and crimes,
amended with some such section. so
that the possession of those very arti-
Giles which might be used harmfully
would be a prima facie case against
those men for violating the law.
do not think that this legislation
is demanded. l think it is a danger
Gus piece of legislation to embark
upon. / do not believe that the State
or the department of inland fisheries
and game desire to have this matter
pushed to this extent. I believe the
people do not want it passed.
make the motion therefore that
the whole bill be Indefinitely post
poned.
The PRESIDENT: The pending
question is the adoption Of Senate
Amendment A to H. D. 212. and the
senator from York, Senator Deer
ing
Mr. DAVIES Of Cumberland: Mr..
Aroostook had this matter in charge.
l wish he would be kind enough to
tell US something Of the nature Of the
proposition.
The PRESIDENT: The senator
from Aroostook. Senator futile, hears
the request OF the senator from Cum
berland, Senator Davies.
Mr.. TUTTLE: Mr.. President, I
tabled this bill several days ago, not
that I had any particular interest in
it. only thought that where 1t called
for the forfeiture Of an automobile 1t
was rather drastic. l think that
there is some virtue in the bill and
that it would be Of some assistance
in the protection OF our game. but l
hadn't any special interest otherwise
than that in the bill
Mr.. BABE of Cumberland: Mr..
President, had not thought to say
anything on this bill. l admire, and
l wish l myself could make as good
plea as the honorable senator from
York But being a member OF the
committee on inland fisheries and
game, l want to say this. that the
bill as it was reported had the sig
natures of the full committee. We
are. however. willing to strike out the
forfeiture of the automobile. But be-
fore l pursue this further. l want, If
/ can, to picture to you something of
the situation that has existed in the
state concerning the wild game.
If we look at our state seal we will
see on either side of it the husband
man. the farmer, we will see the fish
erman, we will see the tall pine tree;
the moose, which is typical Of our
wild life in the fields and forests.
Now gentlemen Of the Senate. when
that seal was made. where was the
moose? Where was the deer? Where
was our wild lifeo Almost, as might
say. at ease in the forest. 1t was no:
hunted as it is now. 1t had only the
f,intlock to fear then, and the slow
methods Of travelling existing at that
TINA AS civilization has progressed
and as the modern weapons. nrearm
weapons have increased, we have
found that our game is disappearing
in the forests and I fear that unless
something is done. unless some meas
ures are taken that are stringent. II
will be but a few years before some
of our game will be extinct. Now
have reference to the partridge, that
noble game bird. that beautiful game
bird AS we have had opportunity
IN ride in our automobiles through
this state for the last two years, 1t
has been the exception that we nave
seen the partridge. What has hap
noned, II is being hunted to death