TWENTY-NINTH BIENNIAL REPORT. 21 



governed by rigid rules in regard to the original selection of the depu- 

 ties, and if these deputies work with the regular patrol and not inde- 

 pendently. A deputy can not be made by giving a man a commission, 

 a written manual of instructions and authorizing him to put a gun on 

 his hip and wander at large over the State of California. This Com- 

 mission frowns upon technical arrests; and deputies, both regular and 

 volunteer, must be armed with discretion rather than shooting irons. 

 The Commission can get into hot water just as quickly through irregular 

 practices of a volunteer warden as by the acts of its regularly paid 

 wardens. As rigid rules must govern volunteer wardens as govern 

 regular wardens, otherwise our entire system of their selection and 

 authorization will fall into disrepute. I am strongly of the opinion 

 that the dollar-a-year warden service will prove a success, but it must 

 be carefully watched and its rules must be rigorously enforced. 



PLENARY POWERS. 



It is apparent that this Commission can not properly function unless 

 it has additional powers. These are usually called "plenary powers" 

 but the name is perhaps misleading. As is well known, the constitution 

 of this state gives the legislature the right to divide the state into fish 

 and game districts and to pass legislation appropriate to those districts ; 

 consequently there is a period of two years after the meeting of each 

 legislature during which it is impossible to change districts, or seasons, 

 alter bag limits- or take any immediate steps necessitated by drought 

 or other exceptional conditions. If the forests, for example, are so dry 

 that it is dangerous for hunters to enter, it is beyond the power of this 

 Commission to declare a closed district. Similarly, if drought con- 

 ditions dry up streams to a danger point, we can not forbid the. public 

 from fishing. Also, if we plant small tributary streams we can not stop 

 fishing until the fish mature. We can not close off portions of lakes, 

 as Oregon does, where they allow no fishing at all so as to constitute a 

 fish refuge, which is just as essential as a game refuge. Abnormal 

 water conditions may dictate that it is necessary to curtail the duck 

 season, or to open it later than the law at present allows. The Fish 

 and Game Commission has no power to make any such rules. 



In my opinion legislation should be immediately enacted which will 

 give the Commission power, after proper hearings, to curtail seasons, 

 to diminish the bag limit, to close streams, and generally to safeguard 

 our fish and game. There is a question in my mind whether the legis- 

 lature has the power or authority to delegate these duties and rights 

 to the Fish and Game Commission. 



I therefore suggest that a bill be prepared and presented to the legis- 

 lature giving us these powers, and that there be presented also to the 

 legislature a constitutional amendment with the same purpose. In the 

 event that the legislature passes the bill requested, a test case can be 

 brought to see whether or not it is constitutional. If the courts declare 

 it unconstitutional, then the matter can be brought before the electors 

 bv a constitutional amendment at the next general election in November, 

 1928. 



It is significant that our sister state of Oregon enjoys plenary powers, 

 and those powers have been exercised with such discretion that they are 



