THIRTY-SECOND BIENNIAL REPORT 83 



REPORT OF LEGAL BUREAU 



Eugene D. Bennett, Attorney 



The work and activities of the legal bureau of the division may be 

 summarized as follows : 



(a) The rendition of legal advice and opinions to the Fish and 

 Game Commissioners, their staff and field force, as well as to sportsmen 

 and commercial interests, and to the public generally concerning fish 

 and game laws. The division counsel is continually called upon to 

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

 upon the request of district attorneys throughout the State. 



(b) The preparation and approval of leases and agreements for 

 the leasing or acquisition of game refuges, bird sanctuaries, hatcheries, 

 egg taking stations, etc. ; also agreements of sundry character in which 

 the commissioners are parties. 



(c) The defense of all actions instituted in the Federal and State 

 courts against the Fish and Game Commissioners, their staff and 

 employees, for and on account of acts arising out of their official duties. 



(d) Prosecution of civil actions in the superior courts to enjoin 

 public nuisances which arise from the pollution of waters, the mainte- 

 nance of dams without fish ladders, the diversion of waters without 

 fish screens, as well as the prosecution of other civil actions required 

 for the preservation and protection of fish and game, as well as the 

 operative property of the division. These actions are instituted in the 

 name of the People of the State of California and are, therefore, 

 brought in conjunction with the office of the Attorney General. The 

 attorney for the division, however, appears as counsel of record in 

 these cases and actually handles the preparation and the trial thereof. 



(e) Prosecution of criminal cases in the justices' or police courts 

 throughout the State involving violations of fish and game laws where 

 special issues of importance are involved, or upon appropriate request 

 by district attorneys. In the usual misdemeanor case, the deputy fish 

 and game commissioner presents the case. Where a jury has been 

 demanded, or where facts surrounding the case present some unusual 

 features, counsel for the division appears. Thirteen of these cases were 

 prosecuted by the division counsel during the biennium. 



From time to time the legal bureau of the division is also called 

 upon to resist applications for writs of habeas corpus. 



(f) Under section 636a of the Penal Code it is the duty of the 

 division to institute proceedings of condemnation of nets seized by 

 violation of the fish laws. These actions are brought in the superior 

 courts. In compliance with this section the commission started one 

 hundred and sixty-eight separate proceedings. In each instance, except 

 as to those cases now pending, judgment of condemnation was obtained. 



(g) In accordance with various fish and game statutes the division 

 is obliged to conduct and hold hearings to determine facts incidental 

 to the regulation of fish and game ; such as the necessity of fish screens 



