396 



A. The original act is defective in that regard. 



Q. That is to show there is power to make rules and regulations, 

 but no power to enforce ? 



A. No penalties prescribed for a violation. 



Chairman Ryan. — I don't understand that last. 



Q. We can't punish the violation of those rules and regulations 

 which we have authority by our act to pass and put into practice. 



Mr. Hitt. — You have power by your act to ordain certain rules 

 and regulations, that a violation of those without any special pro- 

 vision is a misdemeanor. 



Mr. Fiero. — It don't make it a misdemeanor. 



Mr. Hitt. — An act forbidding and no punishment prescribed — 

 doesn't it make it a misdemeanor ? 



Mr. Hessbeeg. — There is such a provision in the Penal Code, where 

 it isn't defined by law as a crime it shall be regarded as a misde- 

 meanor, but it only relates to the statutory provisions. 



Mr. Hitt. — Some violation of some act forbidden by statute. 



Mr. Hessbebg. — But does not relate to any rule made by any com- 

 mission or board of the State. 



Mr. Adams. — Why could not the forest commission attach penalties 

 to their ordinances the same as a municipal corporation ? 



Mr. Hessberg. — Because a municipal corporation gets the special 

 right by its charter to do it, there is no such power given to 

 to these bodies or subordinate divisions of the State government; 

 every village charter and every municipal charter provides its common 

 council or board of trustees may adopt rules and regulations, and 

 define what the penalty may be and generally puts a maximum sum 

 as a fine and a certain number of days imprisonment, and I think you 

 will find by examination of Dillon, unless that power is given, they 

 haven't any right to prescribe any punishment. 



Chairman Ryan. — Were these commissioners by the act created — 



Mr. Hessbeeg. — The Attorney-General gave such an opinion, I am 

 told by Mr. Basselin. 



Chairman Ryan. — Were these commissioners by the act created a 

 commission not authorized to make certain rules and regulations ? 



Mr. Hessbeeg. — They are. 



Chairman Ryan. — Was there any authority given them to enforce ? 



Mr. Hessbeeg. — No authority to impose penalties; I have just been 

 informed the opinion of ,the Attorney-General was asked upon the 

 question, and he advised the commission they had no power to impose 

 penalities; I haven't any doubt at all but what that is sound law; 



