20 REPORT OF STATE BOARD OF FISH COMMISSIONERS. 



game laws has been been better subserved. We are glad to report that 

 these districts are to-day in better condition than ever before. 



Section 626i of the Penal Code, as amended by the last 

 GAME LAWS. Legislature, has unfortunately made some enemies for 

 game protection, since it allows the sale of game birds but 

 two months in the year, while it is made lawful to shoot them during 

 four months. This is indisputably good law, although it has been called 

 class legislation. However unjust the claim may be that it is a dis- 

 crimination in favor of sportsmen, it cannot be denied but that an 

 adverse public sentiment has been aroused, particularly evidenced by 

 the discharge of offenders tried by the Police Court of San Francisco. 



It is an undisputed fact that the game of this State is decreasing. It 

 therefore follows that it needs protection, not only within the confines 

 of this State, but also in Alaska, where the destruction of wild-fowl eggs 

 does more to decrease the abundance of ducks than does hunting them 

 here. Our game is too valuable a resource not to receive the considera- 

 tion it demands at the hands of our people; but, until all classes are 

 united for the common purpose of protection, a law like the present one 

 only serves to incite the aggrieved parties to disobey it, and that leads 

 to the infringement of other laws. 



The repeated failures to convict the dealers arrested for selling game 

 when it could be legally shot but not sold, is, in itself, sufficient to prove 

 that public sentiment does not sustain the law. The law does not place 

 the restriction upon the market-hunter that is claimed for it. Many 

 birds are from the opening of the killing season placed in cold storage 

 until such time as they can be legally sold. Complaints against the 

 workings of this law have been made to your Commission from all sec- 

 tions of the State. The press of the State has voiced public sentiment 

 in its demand that the seasons shall be made alike to all. 



We recommend that restrictions upon the sportsman and the market- 

 hunter be made alike. We realize that this will be opposed by some 

 sportsmen, but the law will then receive public approval and end the 

 effective cry before a jury that it is legislation for the sportsmen against 

 the people, and that sportsmen do not care to protect the game, except 

 for themselves, and not for'a food supply. The marketmen are in favor 

 of game protection, but insist that the open season, be it longer or 

 shorter, shall be the same for all. 



It is well known that kindly feelings do not exist between the so-called 

 sportsmen and the market hunters and dealers. All have their rights, 

 and it is not our intention to advocate laws favorable to any class. We 

 simply recommend that such laws be enacted as will serve the best 

 interests of all. 



A special effort was made to enforce Section 626i, and prohibit the buy- 

 ing and selling of game in the markets of San Francisco, both before and 



