10 



BIENNIAL REPORT OF THE 



not the same ardor in and incentive for shooting- them, con- 

 sequently the present law operates in a sense to protect them. 

 While these birds have increased somewhat during the past 

 two years, especially during the long dry season of 1910, they 

 are not by any means as numerous as they formerly were and 

 should be in INIontana. 



There is, however, one phase of the present law affecting 

 grouse and like game that should be modified and that is the 

 severe penalty attached to violations. At present a violation 

 of this section of the game laws constitutes the commission 

 of a quasi felony as the penalty is not less than $50.00 nor 

 more than $1,000.00 fine or imprisonment for not less than 

 ninety days nor more than twelve months, thus removing 

 the jurisdiction to try these cases from Justices of the Peace 

 and vesting the jurisdiction solely in the District Courts. 

 I believe in modifying the penalty to such an extent that 

 offenses under this provision will constitute misdemeanors 

 and thereby vest final jurisdiction in the Justice Courts. 



As the license law now stands, anyone who has resided 

 in Montana six months and holds papers of declaration of 

 citizenship is entitled to resident citizen hunting and fishing 

 licenses. The provision touching upon first papers has been 

 largely abused by many foreign laborers who repair to the 

 nearest Clerk of the District Court and take out the first 

 papers for a nominal fee and are thus entitled under the 

 present law to all the hunting and fishing rights of a native 

 born resident citizen. In a large majority of the cases it is 

 utterly impossible under the present stringent Federal Statutes 

 for these declarants to complete their citizenship by receiving 

 final papers. I would therefore recommend that if aliens- 

 are compelled to procure a license separate from the resident 

 citizen's class that full citizenship be made one of the 

 requirements of a resident citizen's license, except in instances 

 where the applicant has purchased real estate in Montana 

 or has made filing upon land by virtue of his first papers. In 

 Utah the alien license for hunting and fishing is fixed at the 

 sum of $100.00. 



The sale of alien hunting and fishing licenses during the 

 two years that the law has been in vogue, has not rendered 

 the income to the Department that it should have done. Very 

 few hunting licenses have been sold to this class. Some revenue 



