58 GAME COMMISSIONS AND WARDENS. 



As seizure of game or arrest of a violator of the game law is likely 

 to occur in remote sections of the State, where it is difficult or impos- 

 sible to secure ordinary means of conveyance, the laws of Colorado 

 and Nebraska permit the officer making the seizure or arrest to use 

 for transportation any- available vehicle. Colorado provides that — 



Where game or fish, while being transported, is seized under this act the officer 

 making such seizure shall have authority, upon payment of reasonable compensation 

 therefor, to also take possession of and use any animals and vehicles used in such 

 transportation for the purpose of conveying the game or fish seized to a convenient 

 railroad station or place of safe keeping or sale, and also for conveying any person 

 arrested for the unlawful possession of such game or fish to a place of hearing or trial, 

 and no liability shall attach to such officer by reason thereof; but this section shall 

 not apply to any animal or vehicle while being used as a public conveyance for pas- 

 sengers or mails, or to any railroad car. (Laws of 1899, chap. 98, sec. 12.) 



The Nebraska provision is practically identical. 



SEIZURE OF ILLEGAL APPLIANCES. 



A number of States denounce certain methods and means of hunting 

 game, and, as a rule, provide that the use of proscribed appliances shall 

 forfeit them to the State and that they shall be destroyed. To facili- 

 tate and legalize such destruction these articles are usually declared to 

 be public nuisances and liable to summary abatement when found 

 in use for capture of game or fish. 



The Supreme Court of the United States has upheld a provision in 

 the New York law authorizing the summary destruction of fish nets 

 illegally used. In Lawton v. Steele, this court declared: u Where the 

 property is of trifling value, and its destruction is necessaiy to effect 

 the object of the statute, we think it is within the power of the legis- 

 lature to order its summary abatement." (152 U. S., 133.) 



In Minnesota guns used in violation of law are frequently seized 

 and, until a few years ago, were sometimes confiscated. The report 

 of the board of fish and game commissioners shows a seizure of more 

 than 60 guns during the period from March 1, 1900, to December 1, 

 1902. Some of these were retained and sold by the commissioners, 

 while the rest were returned to the owners after investigation. The 

 right to confiscate guns, however, was withdrawn under the act of 

 1905. In Nebraska a provision in the law of 1901 authorizing confis- 

 cation of guns was declared unconstitutional by the supreme court of 

 the State in the case of McConnell v. McKillip (99 N. W., 505). 



In South Dakota guns and dogs used in killing game contrary to 

 law may be seized and sold, the proceeds to be paid into the county game 

 fund; in Maine guns of unlicensed aliens who are found hunting may be 

 seized and sold; and in Ohio guns and boats may be seized when used 

 illegally and upon due adjudication by a competent court turned over 

 to the commissioners of fisheries and game to be sold and the proceeds 

 placed in the State treasury to the credit of a fund to be used by the 



