CALIFORNIA FISH AND GAME. 131 
State Board of Health. Discretionary powers have been given to these 
boards by the state legislature, so that it would not be without precedent 
were the Fish and Game Commission given similar powers. 
GAME COMMISSIONS IN OTHER STATES HAVE DISCRETIONARY 
POWERS. 
California would not be taking an untried step if the Fish and 
Game Commission was allowed to use its discretion in times of necessity. 
In Maine, newly-stocked streams are closed to fishing at the direc- 
tion of the Fish and Game Commission. 
The New York Conservation Commission has power to change the 
deer season according to the conditions that may arise in the different 
localities. 
In Washington, the commission has the power to close any lake or 
stream for fishing, should in their opinion the fish in these streams or 
lakes require additional protection. 
In Oregon, the commission has power to close or suspend the open 
season for the taking of game or fish at will. 
In Nevada, the Board of County Commissioners can change the 
open season on many different species of game. 
In Michigan the state game, fish and forest fire commissioner of the 
Public Domain Commission, has the power to suspend, abridge or other- 
wise regulate the open season on any kind of game or fur-bearing 
animals or game birds found in a wild state in any designated area, 
where it becomes necessary to assist in the increase or better protection 
of any particular kind or species of such game. 
Similar authority is delegated to game commissions in other states. 
Congress has placed in the hands of the Department of Agriculture 
discretionary powers in order that the Federal Migratory Bird Law 
may be properly enforced. 
According to the Minister of Game and Fisheries of Canada, no 
provision in the game act of that country has proven so useful as has 
the section under which the Lieutenant Governor in Council may make 
legislation preventing the hunting of game that may appear to require 
more protection than is given by the act. 
SOME SOLUTION NECESSARY. 
The conditions above outlined, which are of more or less regular 
occurrence, demand attention. It is evident that present laws applied 
to these conditions do not allow a solution of the problems presented. 
Some provision must be made to better care for such situations. Other 
states have given discretionary powers to the Fish and Game Commis- 
sion or to the Governor and we could improve conditions in the same 
way. Without such powers the Fish and Game Commission can not do 
efficient work. 
HISTORY OF LAW GIVING DISCRETIONARY POWERS. 
As early as 1895, the importance of allowing the Fish and Game 
Commission the right to make certain regulations during the interim 
between the meetings of the legislature was recognized. But the sug- 
gestion was opposed by those who felt that autocratic powers were being 
given the commission. Increasing difficulty in properly conserving wild 
life under the present system of laws led the Fish and Game Commission 
