42 THE GAME BREEDER 



AN IMPORTANT DECISION. 



The Court of Appeals, New York, proper legislation, of course, permits food 



has decided that the state is not liable producers to protect their crops from 



for damage to timber of private individ- trespassing state animals as well as from 



uals committed by beavers purchased and privately owned trespassing animals, 



freed in the Adirondacks. Where thousands of pheasants are reared 



The court said, "It is true that one in a field the food is more important 



who keeps wild animals in captivity than the fur of several minks is. An 



must see to it at his peril that they do Iowa farmer once went to jail when 



no damage to others. But it is not true convicted for killing a mmk which de- 



that whenever an individual is liable stroyed upwards of fifty of his hens in 



for a certain act the state is liable for the a night. He declined to pay any fine, 



same act. In liberating these beaver the There was a time when women were 



state was acting as a government. hanged because they stole property of 



"Wherever protection is accorded, sniall value from linen-drapers in order 



harm may be done to the individual, to clothe their naked children. But the 



Deer or moose may brouse on his. crops ; enthusiasts who seek legislation of this 



mink or skunks kill his chickens ; robins character have become back numbers and 



eat his cherries. In certain cases the the modern tendency of our legislation is 



legislature may be mistaken in its belief to permit people who have hay or fruit 



that more good than harm is occasioned, or fowls, including pheasants, ducks and 



But this is clearly a matter which is con- other game birds, to protect their proper- 



fided to its discretion!" ty against trespassing animals which once 



In Phelps V. Racey the court said if were said to belong to kings who can do 

 regulations protecting game operates in ^o wrong and later are said to belong 

 any respect unjustly or oppressively, the ^o states because they have no other 

 proper remedy must be applied by 'that owner. There is a place for every- 

 body, thing and the rule that everything 



The legislatures in many states have should be kept in its proper place ap- 



taken the proper view of the matter of P^i^^ to food producers. We are in- 



compensation for damages done by state clined to believe that a state which in- 



animals. In some states the damage is troduces beavers in. a park should not 



ascertained and paid, but other states permit them to go out and destroy trees 



also permit the farmer or other land- on private property and that if it does 



owner to protect his crops and poultry so it should respond in damages. The 



from the ravages of animals said to be- legislature should, of course, make the 



long to the state because they have no laws and the courts are right in saying 



other owner. that the remedy for the unfortunate 



In Aldrich v. Wright, a New Hamp- situations created when animals are pro- 

 shire case (53 N. H. 398), it was said tected is to amend the laws so as to re- 

 in an elaborate opinion that a farmer Quire the state to pay damages and to 

 might shoot mink even in the closed sea- permit farmers, including game farmers, 

 son should he find them threatening his ^° protect their property from highly 

 geese. destructive state animals. 



The shepherd naturally is inclined to We are quite firmly of the opinion 



kill a state wolf when found eating sheep ; that a wise discretion should be the rule 



the game-keeper in all civilized countries of the destroyer. That he should be 



kills state snakes, skunks, minks, weasels, educated not to destroy wantonly and 



crows, hawks and other vermin when they not to destroy species believed to be 



are observed to be dining liberally on the beneficial and not harmful until they 'be 



excellent food he is producing. The caught in the act of taking game. Nat- 



