Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-04-19
ROD AND STREAM
by PERRY MILLER.

A one-act drama was enacted last
week In q small Maryland town nest
ling close to the Cacotin Mountains
The place was Thurmont, well known
to thousands Of anglers. The actors
were a justice of the peace, a game
warden and a man accused of having
in his possession one understood fish.
When the curtain rose, Justice OF
the Peace Frank l.. Cady was seated
at his desk, Benjamin F. Phebus, who
played the part of game warden was
seated at his right. and the prisoner,
Don L. Carpenter of Washington, D. c.,
upon entering the court room took his
place at the left of the court. Two
character witnesses for the defendant,
DR.. M. Darcy Magee and Perry Miller:
also of Washington, were assigned
chairs directly In front of the court.
The title Of the drama might well
be There Amt No Justice, No How"
The usual court proceedings were dis
pensed with and Perry Miller addressed
the court as q character witness for
the prisoner. He told of the great work
done by the defendant in conservation
measures, his integrity and the general
opinion of the fishing fraternity of
this city in regard to his acts on and
on streams and produced o letter from
Glen c. Leach, chief of fish culture OF
the United States Bureau of Fisheries,
praising the defendant, saying that he
thought such a man should not be
convicted on q technicality because he
was sure there was no intent to violate
the law
The plot for the drama was written
Sunday, April 6, when Don L. Car
penter visited Hunting Greek in quest OF
trout. His lines in the play as told
to the court follow:
II had been fishing all morning and
had caught about IS or 80 trout, which,
being understood, had returned to the
water. On the next strike my fish swal-
lowed the hook and was bleeding badly
that it was almost dead and instead OF
returning 1t to the water to die placed
it in my creel. Just as was landing
another trout, this one about eight
inches, the game warden approached
dressed as an officer of the law, and
asked me If I had had any luck.
replied that had caught quite a few,
but had returned them to the water
with the exception of one, which, on
account of swallowing the hook, had
died. reached into my creel and
produced the fish. The warden got his
measure and the fish, instead of being
seven inches in length. was only six
and three-quarter inches. The warden
then said he was sorry, but that he
would have to place me under arrest. ]
was then driven in his motor cycle
side car and brought before you and
had the case postponed. Technically
am guilty of violating the law. but
not Intentionally. / was not asked to
show my fish, but did so on my own
volition, and, had I not done so. the
warden assured me that he would not
have searched my creel. but would have
taken my word. To me this would ap-
pear conclusively that had no inten-
ton Of violating the law
The next development in this little
play was when Warden Phebus ad-
dressed the court. He said: ION the
Sunday in question had observed thai
not many fish were being caught. Wher
I approached Carpenter and askeC
him II he had had any luck was sur.
prised to hear him say be had caught
as or 80, but had returned them II
the water. did not ask him il he hat
any in his creel, but when he told me
he had one and showed it to me i'm
mediately saw it was under sized ano
upon measuring 1t found 1t was be.
tween So and 81 inches in length
He did not say I have an under sized
CIOub WHICH Ildu SWALLOWED The nOOk
and would have died IL had returned
1t to the water II he had I would
have asked him to throw 1t away and
would not have placed him under ar
rest"
At this point DR.. Magee asked per-
mission to address the court, and said
II am sure Don Carpenter had no in.
tention of violating the law. AS mat
ter of fact I would be just as surprised
to hear that DR.. Henry Ward, the presi.
dent of the Izaak Walton League oil
America, had been apprehended fol
taking an under sized fish as 1 was
when learned of this case. May I ask
the court what discretion 1t has?" and
the court replied, II am not here to
give justice, but to enforce the statute
law I have no Jurisdiction to say
whether there was intent to violate the
law or not, but as Mr. Carpenter has
admitted that he had in his possession
trout less than legal size, I can only
impose fine of $25 and costs" And
thus the drama ended.
WHAT the anglers Of Washington
w and particularly this column