Askov American. [volume] (Askov, Pine County, Minn.) 1914-current, 1929-09-12
ATTORNEY GENERAL RULES
RINGNECK PHEASANT SEASON
CANNOT BE OPENED, 1923

The game and fish department has
received requests and petitions from
many parts of the state asking that
the ringneck pheasant season be
opened for limited number of days.
Most of these requests came from
persons laboring under the impress
sion that the Governor could declare
an open season under Section 5640
Mason's Minnesota Statutes 1919.
which is as follows:
Additional protectiOn-Governo
orders Whenever the Governor,
after investigation by the Commits
sioner, finds that any species of wild
animals, as defined herein, for which
an open season is provided, is in dan
ger of undue depletion or extinction,
or when necessary for the proper pro-
lection of propagating any immature
wild animals. he may by an order
provide protection for such species,
additional to that provided by law,
and to that end, may prescribe in
what manner, in what number, in
what places and at what times the
same may be taken"
In an opinion handed down by the
Attorney General he states that this
law referred to above as Section $40,
applies to the case wherein the Com
missioner, after due investigation,
finds that additional protection must
be provided in order that any species
of wild game are in danger of deple-
ton and cannot be in any way associ-
ated with an order calling for the
opening of a season on any particular
species of wild animals or game birds
for which an open season has not been
provided for by law.
In appealing to the Attorney General
the Commissioner of Game and Fish
stressed the fact that an open season
on male ringneck pheasants for a
limited number of days this year
would not only meet with popular ap-
prOval, but that pheasants exist suf-
ficient in numbers to warrant an open
season thereon.
This matter was also discussed with
the Hon. Governor Theodore Christ
ianson who voiced his opinion as be-
ing i'm favor of signing such an order,
should the Attorney General find that
in accordance with the law, it would
be proper for him to do so, having in
mind, of course, that the Game and
Fish Commissioner had recommended,
in accordance with his findings, that
it would not unduly deplete our stock
of ringneck pheasants. The ATTORNEY
General rendered his opinion after
having made an exhaustive study of
the laws pertaining to the propaga-
ton and protection of wild animals
and game birds. Therefore, our in
ability to grant the wishes of the
people in this particular case rests
entirely upon the lack of legislation.
We wish to explain that bills were
presented to the Game and Fish COM
mittees i'm the legislature, but, like
many other pieces of legislation pro-
posed by the department and persons
interested in the welfare of our wild
life, it was not enacted into law.
Because of the request made by our
many friends, and our inability to
grant their wishes, should be suffi-
cient argument to warrant the legis-
lators to enact law which would give
the Game and Fish commissioner
more discretionary power. A law,
similar to that which is in operation
in South Dakota, would enable the
Game and Fish commissioner of Min