Show LAWS REGARDING FiSH Judge McDewali Talks With Mtoiney General GAME SHIPPED INTO sTATE Violation of InterState Comm Com-m rco Law Involved Many Cases Cited to Demonstrate That the AttorneyGeneral Is Vlong in His Position Editor Trlbuno It was with i much nur prlsc that 1 read 1mm The Tribune of Fri dya November 13th what was staled to be theopinion the AttorneyGeneral 1 oi the Slate of Ulnh In regard to the fiLth law of this Slate wherein after long examination exami-nation and consideration of the question ho decided that the very plain statute prohibiting the sale of trout In this State at any lime whether taken from any ot thin stream orwatcrsof this Stale or any other State IP I unconstitutional and old as to trout shipped here for sale from another an-other Slat on the ground that the act Is In violation of the InterState Com lolatlo1 mprco law With great respect for the legal ability of our AttorneyGeneral and noticing time many months alleged to have been shrilL by him In examining the law and cI Ions on the subject I am constrained to differ with him on time subject and Insist that reason and the great weight of authority rrcnt thority is against his construction of the law and his opinion thereon as published The tlsh law of Idaho from which the trout I In iiucalloii were shipped > as prated provides among oilier things as follows Sec 1 tunonI But it shall be unlawful for any person or persons to sell or offer for silo any apucies of llfh protected by i this I act at any time of lie I y tar liws I of JOOJ approved March llth In TIme case of Maler the Supreme court of California unanlmousl ilucldod In a case for selling ssaniu in that State lm fully kullofl In another Stale ns follows If a statute dfclarcs that I t very porson In the State who shall at any time sell or offor fop vale the Ijidri or miit of any door cur gull I eicuu or mountain I sheep shall bo 1 guilty of a m immlsiimmmrm nor its application extends to and includes the soiling of the hide or i meat t of any such animals though lawfully killed beyond tIme State In the exercise of the police power of the Slate It may prohibit the taking of wild game and any truffle or commerce In It If doomed necessary nec-essary for Its protection or preservation or the public good and to this und It may make It criminal for any persou to sell or offer for salt any such game whether killed the A 1lel within or without State statute malting It criminal for any person to sell or offrr for smite the hide or meal L of offtiiln specified wild aulmnlH though applicable Id such animals lawfully killed i out of thc State is I not Invalid us an attempted at-tempted and forbidden regulation of IIIUT I State commerce 103 Cat Jlcpls 4it r aiim I i 52 American State reports 120 and notes to some on P P 13S to m inclusive JA statute making it unlawful to par chase sell expose for sale or h parI I possession any of the t bird mentioned I ihoie I I applies to game killed be loud the State all maker the sale or tho having In possession suth game in this t State unlawful A statute making It criminal crim-inal for a person to have lu his possession to I purchase sell certain birds or I Illrchast or sel game s or animals at the limes designated therein Is constiuulunnl though applicable to birds or animals killed outside tho Stale where such killing was lawful Ilolh vs State 91 Ohio State r and Hi i I American State Report SCO A statuto 1 making It I unlawful to sell offer for sole or have In possession for stile an species OL trout at any time t applies with as 1 much fdrco to trout lawfully I caught lu I another Slate shipped into the State and becoming a nart of the general property thereof as docs those caught 1 I herein A State may prohibit the laklng I or sale of fish within Its borders and If llsh arc caught in another State brought into mingled with and become a purl of the mass or the property ot the State where their sale Is prohibited the person who Imports them and violates such law must surfer the penalty prehcribcd thereby State vs Sehuman 3J Oregon 1C and 78 American State Reports 754 A statute making It a misdemeanor for any person to have In Ills possession any game birds or animals or any flesh pieces or pall thereof during the season when the catchIng catch-Ing or killing 1 thereof is prohibited applies i to such birds or animals or any part thereof there-of though killed within the open season Ha erty vs St Louis Ice Manufacturing r and Storage Co H3 Mo 23S und 05 American Amer-ican State Reports 017 A State has power I to make it an offense of-fense to have In possession for the purpose of transportation beyond tho State birds which have been lawfully killed within the State during the open season and a State statute creating this offense does not violate vio-late the IntorSUile Commerce clause of the Constitution of the Pjiltcrt States Although Al-though tho killing of grime and lti sale within a Si ate are allowed It docs not thereby necessarily become the suhJout of hUCrStiitc cornmiMRc In the legal mcnnuit of those words Thc police power of the State to preserve game birds as a valuable valua-ble food supnly for Its people Justifies a statute prohibiting the transportation of such blrclH beyond the State even Jf Inter d OLUU uinuiui uiut uu i iuiunij turn 111 directly affected thereby Ocijr vs State of Connecticut 1G1 U S Supreme Court iilP and eas i cited very lully on tho whole subject I might refer to many other cases on the uulijecu butdeem It unncccssnr as mar of them arc referred to In the aforesaid oululons In conclusion T be to say that I do not think the opinion given by the Attorney General Is a proper construction of the law and that It Is calculated to have a bad effect upon tho effort to protect the llsh and game of thin Slate and therefore suggest thai hn give L few more months tft consideration of tho iiuistlon and guess again Respectfully submitted S MDOWALL Attorney Salt Lako City Nov 1C 1003 |