Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-10-22
FISHING AND HUNTING VS.
WILD LANDS

order OF the Great Northern Paper
Company requiring those who would
hunt upon the wild lands OF that
company to register and have
registered guide II camping thereon
and the controversy which has
arissn. are also likely to be inter-
osted In that part Of the Colonial
Massa chusetts upon which ordinance
this right to hunt Ii supposed to be
based.
Maine Reports. 107. page 229. the
decision being upon a bill In equity.
quotes from the Colonial ordinance.
declared by the General Court Of the
>Massac husetts Bay Colony in 1911.
as amended by the ordinance OF
1e47, which provided that every
inhabitant that is an householder
shalt have free fishing and fowling
In ahy great ponds . within the
precincts OF the town where they
dweH, unless the freemen Of the
same town or the General Court
havd otherwise appropriated them.
provided that this shall not be ex-
tended to give leave to any man to
como upon others propriety without
theii leave"
This was amended In 1897 SO that
towns were forbidden to appropriate
ito any particular person or per-
SONG any great pond containing
moro than ten acres Of land. and
also providing that for great ponds
lyin6 in common, though within the
bounds Of some town. It shall be
free for any man to fish and fowl
there, and may pass and repass on
foot, through any mans proprlety
for that end. 80 they trespass not
upon any mans corn or meadow"
Such ponds exceeding ten acres In
exteMt are deemed great ponds"
The ,opinion finds: "They are public
ponds. The State holds them. and
the tof under them. in trust for the
public. There can be no private
ownership OF them. even by pre-
rcription. The public. in the
absefce OF statute regulation. have
the estricted right to nsh and
fowl upon them. and to make other
uses. Of them. like cutting ice. pro-
vidce they can reach the pond with
out .trespa ssing upon any mans
corn. or meadow These are rights
not Enjoyed under the common law
OF England The ordinance was an
assertion of new rights. and was
subysrsive Of the common law"
The answer OF Justice A. NJ. spear
TO qjestions proponnded to the Court
by order Of the House OF Rep
reseAtatives in 1919 contains refer
cnce. to the right to fish and fowl on
the waters OF the great ponds.
with regard to the question
whether the state In selling lands
enclosing great ponds also conveyed
legal title to those great ponds,
Justice Spear expressed the opinion
that:
Neither the State. nor the
public In an organized capacitE:
acquired the rights conIerreo
Nv
tho. Colonial ordinance amended
/, l6l7. Only 'on foot could
amy man pass and repass. 1t
Was personal privilege. not
state privilege. or society
privilege, Of which the courts.
not the executive nor judicial
department were guardians:
The only riSht that any man
VAS given or could demand was
1,S,
AGAINST an interference with MS
individual right. precisely as
ANY man entitled to an ease
mcnt relies upon the court to
protect his individual right. The
State. BY us executive or lesis-
ia,ise departments. had alb
sclu,ely nothing to do with TINS
ordinance right. 1t acquired
netting as a body polite. Inc
gift Of the ordinance was 10 .ne
y individual. not the State. The
right has never been changed
by any legislative act. 1t has
never been changed by the court.
The right under the ordinance
IS the only question which mas
ever been before the court. ana
AS above seen. the only question
that could come The question
OF ownership was never raised. as
IL MAS never ulAteTt0A " btto
ioyment of the right. To be
permitted to exercise the right
wcs all the individual ever ask
ed. He never claimed any prop.
erty rights, and the State could
claim none. except for his bene-
At. TO he enforced solely by the
courts. The ordinapce never
contemplated a commercial pur-
pose. Nor has IL ever by usage,
custom. or legal Interpretation
been devoted to such . purpose.
The rights under the ordnance
have never been permitted to be
used except by passage ever
Wild land. II q great pond was
surrounded by cultivated land.
not Z single right created by the
ordinance could be exercised"
From these opinions It would ap-
rear that the Great Northern Paper
J. fs0npeay could forbid passing ex.