CALIFORNIA PISH AND GAME. 



187 



CALIFORNIA FISH AND GAME 



A pubUcatlon devoted to the conserva- 

 tion of wild life and published quarterly 

 by the California State Fish and Game 

 Commission. 



Sent free to citizens of the State of Cali- 

 fornia. Offered in exchange for ornitho- 

 logical, mammalogical and similar period- 

 icals. 



The articles published in California Fish 

 AND Game are not copyrighted and may be 

 reproduced in other periodicals, provided 

 due credit is given the California Fish and 

 Game Commission. Editors of newspapers 

 and periodicals are invited to make use of 

 pertinent material. 



All material for publication should be 

 sent to H. C. Bryant, Museum of Verte- 

 brate Zoology, Berkeley, Cal. 



October 21, 1919. 



PERSUASION VERSUS COMPULSION 

 IN FISH AND GAME CONSERVA- 

 TION. 



Legislati n is the time-honored method 

 by which the body politic attempts to 

 attain an object. When new roads are 

 desired, the legislature is asked to enact 

 the proper laws. When the public health 

 is to be safeguarded, an act of the legis- 

 lature is demanded. But beyond the mere 

 placing of a law on the statute books is 

 the necessity of making the law effective 

 by means of law enforcement. Where the 

 ueed for the laws is well realized there is 

 little need of law enforcement ; where 

 they are poorly understood, time, energy 

 and money must be spent to attain the 

 object sought. 



When, in fish and game conservation, 

 we turn to this same time-honored 

 method, the difficulties are just begun, for 

 laws passed by the legislature must be 

 enforced. Because of the failure of peace 

 officers to do their duty, a large number 

 of specially appointed game wardens must 

 force people to obey the law. 



Is there not a belter way of attaining 

 the same object? More and more we find 

 campaigns of education being instituted 

 to prepare the way 'or proper legislation. 

 A city does not think of holding a bond 

 election until after the people have been 

 educated to the need for which the bonds 

 are to be issued. Successful liberty loans 

 have been effected by proper publicity 

 almost to a greater extent than by the 

 actual systematic canvass. The best 

 example of accomplishment by means of 

 an educational method rather than a 

 legislative method is to be found in the 



success of the United States' Food Ad- 

 ministration. 



How much better to have attained the 

 goal by means of persuasion rather than 

 compulsion ! 



If it is evident in attaining an object 

 that the educational is of more worth 

 than the legislative method because more 

 fundamental, it scams reasonable that 

 more time and energy should be devoted 

 to this method in attempting the conserva- 

 tion of natural resources. 



THE ANGLER VERSUS THE NET 

 FISHERMAN. 



The old controversy between the 

 angler for sport only and the net fisher- 

 men for profit only, over the waters ad- 

 jacent to Santa Catalina Island, has been 

 revived recently. 



It was thought that this matter had 

 been definitely settled by action of the 

 1917 legislature in making two districts 

 around the island, one in which net fisher- 

 men could operate and one for the benefit 

 of the sportsmen only. 



The promise of the cannery interests 

 and net fishermen that they would not 

 operate in a district dediceted to the 

 sportsmen, provided a certain part of the 

 waters surrounding the island be made a 

 district in which net fishing should be 

 perm'tted, would certainly seem to have 

 settled the matter. However, it appears 

 that this gentleman's agreement was not 

 considered binding by some of the con- 

 tracting parties. 



About the middle of August, twenty- 

 two canneries operating around San 

 Pedro and some 340-odd alien fishermen 

 who, not being able to maintain an action 

 in the state court, cloaked themselves 

 under the protecting wing of the can- 

 neries, obtained from the presiding judge 

 of the Superior Court of Los Angeles 

 County an order restraining certain in- 

 dividuals from interfering with their nets 

 and l)oats, and further restraining them 

 from making searches and seizures. This 

 Older was petitioned for under the plea 

 that irreparable damage would be caused 

 liy the act-on of these certain named de- 

 feudants, operating without due process 

 of law. 



The order was granted without pre- 

 vious notice to any of the defendants 

 named in the petition. No mention was 

 made in the petition that all of these 



