2i8 PROBLEMS IN WILD LIFE CONSERVATION 



importance of requiring adequate bail and speedy trial are 

 part of the general reform needed in the administration of 

 justice as a whole and are not problems peculiar to game-law 

 enforcement. 



On the other hand, lack of adequate bail and an unreason- 

 able delay between the time of arrest and trial have as bad 

 an effect on game-law enforcement as upon any type of en- 

 forcement. Here is a case in point. A man by the name of 

 French was arrested, charged with killing a wild swan on 

 Lake Minnetonka just outside of Minneapolis. The prose- 

 cuting officers had a clear case against him but after four 

 years the trial was nol pressed because, in the words of the 

 District Attorney " one of the witnesses was dead and this 

 office was unable to locate the defendant French." The 

 offence was committed November 25, 1925, and informa- 

 tion was filed on March 12, 1927 but the case was not 

 actually called for trial until October 12, 1929, four years 

 after the misdemeanor was committed. In this case the 

 delay in bringing the case to trial was due to the congested 

 condition of the district court's docket. 



Fine or Jail Sentence: It is the usual belief of the law- 

 enforcing officers that a jail sentence is to be preferred to 

 fine as a deterrent of future violations. However it is only 

 reasonable that jail sentences should be reserved for the 

 more serious infractions of the game laws. Such offences, 

 for example, as hunting without a license, shooting after 

 sunset, or fishing out of season could well be punished with 

 a fine, leaving the taking of big game animals, fur poach- 

 ing and market hunting or fishing to be punished by jail 

 sentences. 



The only punishment under the older game statutes was 

 a fine, and if the defendant was impecunious, he escaped 

 punishment altogether. A very considerable proportion of 



