208 PROBLEMS IN WILD LIFE CONSERVATION 



The protector and whenever possible at least one witness, 

 draw up affidavits setting forth the facts in detail. These 

 are sent to the Division of Game Management 5 at the 

 Biological Survey in Washington. The officers of the Sur- 

 vey go over the facts as presented in the affidavits and if 

 they in truth show a violation of the federal laws, submit 

 the records to the solicitor of the Department of Agricul- 

 ture. He again reviews the facts and if in his opinion 

 legal action can be successfully undertaken, prepares a sug- 

 gested information which is forwarded to the Department 

 of Justice with the request that the Attorney-General in- 

 struct the United States attorney for the district in which 

 the misdemeanor occurred to take action against the accused. 



Upon receiving his instructions from the Department of 

 Justice, the United States district attorney confers with the 

 United States game protector who made the arrest and gets 

 his case in shape. In due course the case is called in the 

 federal district court and the district attorney appears for 

 the United States with the game protector as chief witness. 6 



Federal Enforcement in Practice: This is the procedure 

 that should follow the arrest of a violator of one of the 

 federal game laws; now let us see what actually does hap- 

 pen. Here is a case taken from the files of the Biological 

 Survey. 



Not so many years ago a United States game protector 

 arrested four men in Siskiyou, California, on Trule Lake, 



5 The same procedure would be used if it were a violation of the Black 

 Bass Law except that the arrest would be made by a United States Fish 

 Warden and the prosecution by the Bureau of Fisheries in the Com- 

 merce Department, see p. 139. 



6 In about 57% of the federal cases trial is upon indictment by grand 

 jury rather than information. A great majority of the defendants plead 

 guilty when summoned in the district court and of the remainder all but 

 about 2% waive jury trial. 



