14 WILD LIFE PROTECTION FUND 



In the above proviso the word "sale" is not once men- 

 tioned. Section 4 conveys no legal authority whatsoever 

 for the sale of any game, at any time, by "dealers," or by 

 any other persons! The friends of the sale of game take 

 the ground that whatever is not specifically forbidden by 

 law is permitted, and therefore legal. While the above law 

 may have been sufficient in 1902, it is far from being ade- 

 quate now. 



The only clause or sentence in the Alaskan game law that 

 even hints at authorization for the sale of game is a grudg- 

 ing proviso that "dealers" may enjoy a brief privilege to 

 "dispose of" game for fifteen days following the open sea- 

 son — but that privilege is NOT given DURING the open 

 season ! Now, if the contentions of the game-sale defenders 

 is true, why was it ever necessary to convey permission to 

 do a thing that never had been forbidden? 



At all events, that disposal privilege, and the absence of 

 prohibitive law, has been treated by the Department of 

 Agriculture as lawful authority to sell great quantities of 

 moose, sheep and caribou flesh during the open season for 

 game hunting and fifteen days thereafter, everywhere north 

 of Latitude 62 degrees, which is the Latitude of Mt. Wran- 

 gell. 



The first "Regulations for the Protection of Game in 

 Alaska," published by the Department of Agriculture on 

 Aug. 22, 1903, and signed in facsimile by Secretary Wilson, 

 say not one word regarding the sale of game! Just what 

 was actually done in that year and in 1904 regarding sales, 

 we do not know. 



It seems that in 1908, and again in 1913, the Alaskan 

 game act was amended and re-enacted. The writer never 

 knew that such a proceeding was contemplated until long 

 after the new act became a law. Briefly stated, the amend- 

 ments were as follows, and they made no change whatever 

 in Section 4 : 



