188 



CALIFORNIA FISH AND GAME. 



defendants were officers of the law, sworn 

 to enforce the law, and that the actions 

 complained of were performed in the pur- 

 suance of their duties. 



The restraining order was served on 

 H. B. Nidever, W. B. Scllmer and E. L. 

 Hedderly, but no order was served at 

 that time on the Fish and Game Com- 

 mission. The order was also served on 

 Ernest Windle, justice of the peace of 

 Avalon township, Bates and Sutermeir, 

 respectively deputy county warden and 

 constable of Avalon township. 



The hearing of the petition to make 

 permanent the temporary injunction was 

 held before Judge Valentine on August 

 19, 1919. The attorneys representing the 

 plaintiffs in the action attacked the con- 

 stitutionality of section 636 of the Penal 

 Code, relating to nets, and also the de- 

 scription of District 20, as given in the 

 act dividing the state into fish and game 

 districts. They maintained that since the 

 acts were void, the coui't had the right to 

 restrain the public officers from enforcing 

 the provisions of section 036. They also 

 maintained that the state had no juris- 

 diction over the waters surrounding Santa 

 Catalina Island, because the state con- 

 stitution made no mention of a three-mile 

 limit around the island. This latter con- 

 tention was shown to be so absurd that 

 it has since been abandoned. 



The court took the stand that since a 

 temporary order had been granted, it was 

 up to the defendants to show cause why 

 it should not be continued and made per- 

 manent. The defendants were given five 

 days in which to present their opening 

 briefs ; the plaintiffs were given five ad- 

 ditional days for reply, and the defend- 

 ants were allowed five days further for 

 their closing briefs. By this, it can be 

 seen that the cannery interests gained 

 fi^'teen additional days in which to make 

 raids on the fishing grounds in Dis- 

 trict 20. 



Immediately after the hearing, an order 

 was served on the Fish and Game Com- 

 mission restraining it from enforcing the 

 law relating to net fishing in the waters 

 around Catalina Island. 



It is of interest to note, however, from 

 the I'eport of our deputies, that the fisher- 

 men have gained very little by their tac- 

 tics, as their fishing operations have pro- 

 duced very poor results. 



Judge Valentine having set aside the 

 temporary restraining order September 

 10, 1919, the Fish and Game Commission 

 has given instructions to its deputies to 

 enforce the law in District ?0. For the 

 time being, it would seem that this de- 

 cision in favor of the commission's con- 

 tentions will effectually settle the contro- 

 ! versy.— E. C. B. 



Fie. 57. Children on a nature study field excursion, Al Tahoe, evidence of the success of the 

 educational work carried on by the Fish and Game Commission in summer resorts this 

 past summer. 



