134 FISH AND GAME COMMISSION 



REPORT OF THE LEGAL BUREAU 



By Eugene D. Bennett, in charge 



The work of the legal department of the Division of Fish and Game 

 probably has more ramifieations than that of am^ other division in onr 

 state government. During the past biennium this work has been car- 

 ried on by i\Ir. Eugene D. Bennett, with the assistance of Mr. Ralph 

 W. Scott, at the office of the division at San Francisco. 



The legal activities of the division may be summarized as follows : 



Prosecution of civil actions in the superior courts to enjoin public 

 nuisances such as pollution of public waters, the maintenance of dams 

 without fish ladders, diversion of waters without fish screens and other 

 actions involving the preservation of fish and game. These actions are 

 instituted in conjunction with the office of the Attorney General and in 

 the name of the people of the State of California. The attorneys for 

 the division appear as attorneys of record in these cases and handle all 

 matters appertaining thereto. 



II 



Defense of all actions instituted in the federal and superior courts 

 or in any of the higher or inferior courts against the division, the Com- 

 mission, or any employees thereof in their official capacities. 



Ill 



Prosecution of criminal cases in the justice or police courts involving 

 violations of fish and game laws, when requested to do so by the various 

 district attorneys. Usually the deputy fish and game commissioners 

 prosecute their own cases. But where a jury has been demanded or 

 where the facts surrounding a case present some unusual features, 

 technical question, or local angle, the attorneys for the division appear. 

 Eleven of these eases were prosecuted by the division during the bien- 

 nium. 



IV 



Rendition of opinions, formal and informal, for sportsmen through- 

 out the state and those identified commercially with fish and game, 

 such as fish packers, game farmers, propagators of domestic trout and 

 the like. The attorneys for the division are constantly called upon to 

 interpret the various fish and game laws for the public generally and 

 for the employees of the division, particularly the men in the field. 



The drafting and preparation of leases and agreements for the leas- 

 ing or acquisition of game refuges, bird sanctuaries, hatcheries, egg- 

 taking stations and the like. 



