CALIFORNIA FISH AND GAME. 75 



We were through Modoc Coimty daily between 1896 and 1904. While 

 we had plenty of grass and water, as we have today, we had practically 

 no brush or forest reproduction. We had also very few mule deer, which 

 is considered the most popular game animal of the western states. 



We have more than two hunters now where there was one in the 90 's, 

 and yet the entire forested area of the county has now a growth of pine, 

 fir and cedar, young trees that range in height from 4 to 12 feet. The 

 reason for this young growth is due solely to added fire protection and 

 scientific conservation of the forests. At present hunters have no difli- 

 culty in finding the mule deer. However, the hunter must be a good 

 marksman if he gets a deer, because of the splendid cover afforded by 

 the forests. Between 1890 and 1904 one could walk or ride for ten 

 miles over most parts of Modoc County without even seeing a deer 

 trail. At the present date it is quite common to hear a rancher say: 

 "There are fifteen or more deer feeding on my meadow; we see them 

 nearly every day somewhere about the ranch." These deer go back to 

 the edge of the forest and rest in the brush during the heat of the 

 day and feed early and late. They are found in the shade of thickets 

 of young pine trees, which make a fine resting place for them. Were 

 these sheltering trees and bushes burned, the deer would leave that 

 locality. 



We have observed that if the area is thickly forested, even where young 

 brush and grasses, which are the natural food of deer, are entirely lack- 

 ing, there are sure to be mule deer. We have never known of deer 

 standing out in the open, say in a grainfield, where they could see for 

 a mile in every direction; the thick timber is their natural habitat. 

 Consequently, we believe that forest conservation has proved a great 

 factor in the protection of game. 



Further protection for the deer of this region is found in the fact that 

 the officers of the Modoc National Forest are all game wardens, and that 

 they have convinced the public that they are here to enforce the laws. 

 The Forest Service thus becomes of double utility in game protection. 



SUPREME COURT DECISION ON PARCEL POST SHIPMENT OF GAME. 



(Reported 170 Pac. Rep. 412) 

 In re FRANK PHOEDOVIUS, on Haleas Corpus. 



Application for Writ of Habeas Corpus. 



For Petitioner — Nathan Moran. 



For Respondent — Carl Westerfeld. 



W. H. Lamar, Solicitor for the Postoffice Department, Washington, D. C, 

 amicus curiw. 



The petitioner was convicted of a violation of the provision of section 627& of the 

 Penal Code, which declares that "any person who ships any of the wild birds or 

 wild animals or fish by parcel post is guilty of a misdemeanor," and adjudged to pay a 

 fine of $25.00, and in default of such payment to be imprisoned. Held in the custody 

 of the sheriff of San Mateo County by virtue of this judgment, he seeks his discharge 

 on habeas corpus, claiming that this provision of law is invalid. 



Said section 627&, as amended July 27, 1917 (Stats. 1917, p. 651), contains various 

 provisions as to the conduct of common carriers and individuals in the matter of the 

 shipment and the receiving for shipment of wild birds, wild animals and fish, and 

 the transportation thereof, violation of any of which provisions is declared to be a 

 misdemeanor. These provisions, which prohibit the receipt by a common carrier 



