84 GAME COMMISSIONS AND WARDENS. 



SUSPENSION OF PROSECUTIONS. 



It has been maintained that the right to suspend or remit fines is 

 inherent in the judiciary and the function has been quite commonly 

 exercised. There is no question that there are circumstances under 

 which such action is just, humane, and expedient, but this power, like 

 all others, is liable to abuse and allows petty judicial officers to nullify 

 the game laws. Colorado has guarded against this danger by the 

 following provision: 



No fine, penalty, or judgment assef^sed or rendered under this act, or the act to 

 which it is amendatory, shall be suspended, reduced or remitted otherwise than as 

 expressly provided by law. (Div. K, sec. 4.) 



On the other hand the State warden of Tennessee is authorized by 

 the game law to compromise or discontinue cases where the violations 

 are technical, or where he believes the prosecution or fine would be 

 oppressive. A clause in the Pennsylvania game law permits ofienders 

 to sign an acknowledgmentof their ofi'enses and pay the fine prescribed 

 by law to any game warden, whereupon they are entitled to a receipt 

 from the warden which shall be in full settlement of the charge. This 

 course has the intended effect of relieving offenders from public prose- 

 cution and the embarrassment incident thereto. It is questionable, 

 however, whether it is not better that full publicity be given all pro- 

 ceedings for the punishment of violators of the game laws, so that its 

 deterrent influence may have full effect. 



In order to prevent useless and frivolous prosecutions, Tennessee in 

 1907 inserted in the game law a proviso permitting the State warden, 

 when informed of a violation, to visit the place and sunnnon witnesses 

 to testify under oath to any facts bearing upon it. By the statute a 

 penalty of $25 to $50 is imposed upon anyone so summoned who refuses 

 to attend or testify. This is a new feature in the administration of 

 the game laws of this country and, while it has not been in opera- 

 tion long enough to test its practical value, it doubtless has merit, 

 especially when there is reason to believe violations are reported 

 merely for private vengeance or for pecuniary gain. 



SPECIAL OFFENSES IN CONNECTION WITH HUNTING LICENSES. 



In Illinois the alteration of a hunting license in any material manner, 

 or the loan or transfer of it to another, is declared to be forgery and 

 punishable as such. In Michigan, Tennessee, and a few other States 

 procuring a license by false swearing ,is defined as perjury, and in 

 some cases punished as such. In Maine and Vermont substantial fines 

 are imposed upon anyone furnishing to another, or permitting another 

 to use his license, and upon the person receiving such license. Altering 

 or changing a license in any way is also made an offense. 



The penalties sometimes attached to the offense of hunting without 



