SEIZURE. 55 



States only Louisiana is included and of the Eastern only Maine, Con- 

 necticut, New Jersey, New York, and Pennsylvania. Arkansas has a 

 provision permitting common carriers to open and examine any pack- 

 age delivered to them for transportation out of the State that they 

 suspect contains game, and the Texas game law of 1907 contains a 

 similar provision, as follows: 



That such express company, or other common carrier, or its agents, servants or 

 employes shall have the privilege of examining any suspected package for the pur- 

 pose of determining whether such package contains any of the articles mentioned 

 herein [all game]. (House Bill No. 345, sec. 10.) 



Ohio does not vest her officers with power to search without war- 

 rant, but provides that in case of refusal of the owner or person in 

 charge of any package, box, coat, clothing, or other receptacle to 

 permit a warden or officer to inspect them, such officer may procure a 

 search warrant to do so from any competent court. Penalizing the 

 refusal of any person to permit an inspection of his place or recep- 

 tacles, the interposition of or hindrance or interference with such search, 

 accomplishes much the same result as direct authorization of search 

 with or without warrant. Such provisions are as follows: 



Kansas. — Persons engaged in trade of meat, fish, and game are required, under 

 penalty of $10-$50, to permit an inspection of their places of business by a warden. 



Minnesota. — Any person in possession or control or in charge of any hotel, restaur- 

 ant, storage plant, or house commonly used in storing meat, game, or fish for private 

 parties refusing or failing to permit any member of the game commission or its war- 

 dens to enter such place or receptacle therein for the purpose of making an inspec- 

 tion thereof is punishable by a fine of $50-$100 or imprisonment for 30-90 days. 



West Virginia. — Any person who hinders, obstructs, or interferes with a game 

 warden in the discharge of any of his duties (among which is the duty to search for 

 evidence of the violation of law ) is punishable by a fine of $10-$50, and in default 

 of payment shall be imprisoned until it is paid, but not exceeding 30 days. 



Michigan, Oregon, and West Virginia, render evasions of their laws 

 still more difficult or more certain of detection by making hindrance 

 or obstruction to officers in their search for evidence or fruits of 

 violations, prima facie evidence of violation of law. The Michigan 

 provision is as follows: 



And any hindrance or interference, or attempt at hindrance or interference, with 

 such search and examination shall be prima facie evidence of a violation of the law 

 by the party or parties who hinder or interfere with such search and examination. 



Details of the right to search without warrant are given in the table 

 on pages 46-49. 



SEIZURE. 



SEIZURE OF GAME. 



Complementary to the right of search and only another step in that 

 process is the right to seize game or the implements with which it has 

 been unlawfully taken. Before the warden undertakes to exercise 

 435S— No. 28—07 5 



