44 
FOREST AND STREAM 
Jan. II, 1913 
Defending the New Jersey Fish and 
Game Commission. 
Jersey City, N. J., Dec. 24.— Editor Forest 
and Stream: My attention has been called to 
the December issue of the “Game Breeder” 
wherein the New Jersey Fish and Game Com¬ 
mission is severely criticised because of the 
arrest of persons having attempted to remove 
game from the State contrary to the New 
Jersey law, the arrest having been made by tbe 
warden in tbe belief that it was New Jersey 
game being so removed. 
In all fairness to the commission, I beg to 
advise that I have on numerous occasions rep¬ 
resented hunters being charged with the viola¬ 
tion of the New Jersey game laws, and I have 
particularly in mind a very recent case wherein 
I represented two gentlemen who had been 
arrested under the above circumstances, and al¬ 
though they were arrested as they were about 
to leave the State with game in their posses¬ 
sion and found guilty of a violation, and the 
time for appealing the same under our laws 
had about expired before I was retained, it 
was therefore incumbent upon me to take 
prompt and decisi\-e steps to protect the in¬ 
terests of my clients before they would have 
lost their remedy. I therefore immediately got 
in communication with these same commis¬ 
sioners on the long distance ’pdone at Trenton, 
and the commission at once sent their chief 
warden. James M. Stratton, to investigate the 
case. The result of the investigation was, that 
the board ordered prosecution in these cases 
dropped, which was entirely satisfactory to me 
and my clients. This is only one of the many 
similar instances wherein immediately any un¬ 
just action is taken by a warden or a justice 
of the peace before whom an arrest is pending, 
if the matter be properly presented to the com¬ 
mission, they will always investigate and see 
that no injustice is done any citizen. 
I am prompted to write you the above as 
an act of justice to the commission, whom in 
private practice at the law and during the sev¬ 
eral years that I have been a member of the 
New Jersey Legislature, coming almost in daily 
contact with the members of said commission, 
I have always found them to be fair and just 
in the enforcement of the fish and game laws. 
The board adjusted the case last before re¬ 
ferred to without taking advantage of any tech¬ 
nicality whatsoever, and did not put my clients 
to the burden of an appeal from the justice’s 
decision before whom they were taken. 
In view of the above I am satisfied that if 
any person who is arrested for the violation of 
any game laws in this State as were my clients, 
would have their attorney, if they have one, 
take the matter up immediately with the fish 
and game commissioners before the penalty that 
may be imposed is remited by the justice im¬ 
posing the same to the State Treasurer, I am 
sure that he will be given the prompt and court¬ 
eous treatment that is uniformly extended to 
everyone. 
I am further convinced of this by reason of 
the fact that I know of similar cases where 
prosecution was immediately dropped upon the 
facts being presented to the board, and the com¬ 
mission of the deputy warden making the arrest 
was revoked. Peter H. James. 
Changes in Game Laws Recommended. 
BY GOLDEN GATE. 
The California Game and Fish Protective 
.Association, one of the most prominent organi¬ 
zations of its kind in the West, has made the 
following recommendations for changes in the 
present game laws, some of these being radical 
ones: 
That whenever, in any county in this State, 
the annual sale of hunting licenses amounts to 
more than $1,000, and said county employs and 
pays a county game warden $1,000 or more a 
year, the State Fish and Game Commission 
shall pay $1,000 a year to such county, the 
money to be expended in fish and game patrol 
work. 
That changes be made in the dates of open¬ 
ing and closing seasons, so that doves and tree 
squirrels may not be hunted and shot during 
the closed season on quail. It is further ad¬ 
vocated that snipe, curlew, plover and other 
shore birds may not be taken during the closed 
season on wild duck. 
That the sale of wild ducks, wdd pigeons 
and black sea brant be prohibited. That the 
limit daily for wild pigeons be twenty, and that 
the limit for tree squirrels be placed at four. 
That a deer tag system be adopted, and 
that the limit be reduced to one buck. That the 
use of dogs in deer hunting be prohibited en¬ 
tirely. 
That the State Fish and Game Commission 
make a test case of that section of the county 
government, delegating the power to super¬ 
visors to shorten fish and game seasons. 
That a law be enacted making it possible 
to try for manslaughter a person killing a 
human being by mistake for game. 
To shorten the open season on deer and 
to make it later. 
Violation of the State fish and game laws 
by any individual shall be penalized by the can¬ 
cellation of such individual’s license for that 
year. 
That the open season for trout be from 
May I to Jan. i, and that the minimum size 
limit be placed at si.x inches. 
That more efficient laws be enacted for pre¬ 
venting the use of the snag-hook, grab-hook, 
spears and other similar devices. 
That the existing law prohibiting the sale of 
trout be changed, so that trout of twelve inches 
in length, or more, only can be marketed. 
That the use of any or all spawn for bait 
be prohibited. 
Providing for a closed season on all trout 
in tide water from Feb. i to April i. 
That no California whitings may be taken 
otherwise than by hook and line, and that a 
district be established off the coast of Southern 
California in which seine fishing is prohibited. 
Game Commission Wins Important Case. 
A DECISION has been reached in the case of 
the American Game and Transfer Company 
against the California Fish and Game Commis¬ 
sion for an injunction to prevent the seizure of 
consignments of ducks. In a sweeping decision 
handed down by Superior Judge Frank J. 
Murasky, every contention of the commission 
was upheld, and it now has the undisputed right 
to seize wild game, no matter who may have 
possession of it, providing it is held contrary to 
the provisions of the fish and game laws. Short¬ 
ly after the opening of the duck season, the game 
and transfer company mentioned, secured a tem¬ 
porary injunction against the commission to pre¬ 
vent the seizure of consignments of ducks and 
sought to make this permanent. In the trial that 
followed, the transfer company attempted to 
prove that it merely accepted consignments of 
game from hunters in the country and delivered 
them, never accepting more than the legal limit 
from any one consignee. The fish and game com¬ 
missioners proved that the company was not act¬ 
ing as a common carrier, but that it had agents 
in the hunting sections, who secured the game 
and shipped it to the local office of the concern 
where it w^as sold. The extent of the business 
can be judged from the fact that during the past 
month over 2.200 sacks of ducks have been 
handled here, each containing the limit of tw’enty- 
five. This means that over 55,000 ducks are 
handled here by transfer companies in one month, 
or a total for the season of almost a quarter of 
a million. When it is considered that similar 
conditions exist in other large cities in the State, 
the extent of the business is realized. Hotels and 
restaurants will be affected by the ruling, and 
the excuse will no longer be permitted that they 
are merely holding game that belongs to private 
parties. The settlement of this point of law is 
one of the most important rulings that has been 
made since the commission commenced the work 
of conserving the game of California. 
The “Uniform” Fish and Game Law. 
Albany, N. Y., Dec. 23. — Editor Forest and 
Stream: Possibly some light may be let in on 
the apparent dissatisfaction with the so-called 
“uniform” fish and game law, which the Con¬ 
servation Commission has recently so earnestly 
defended, if the manner in w'hich the law was 
produced is made known. 
When $15000 w'as appropriated to .=ecure a 
law W'hich W'as to be far ahead of all former 
productions in this State, and which w'ould truly 
conserve the fish and game, it was given out and 
