Show BREEDER REEnEr ADVISES TO PROTECT Attorney General Gives Opinion In Connection With Huntsville Huntsville Hunts- Hunts S ville yule Scandal Republican Special Service I J uric June o S. viiu m Halverson has received a formal opinion from Attorney General Breeden Breed Breed- en which bids C fair lr to end n all dispute sardine re-sardine the th rh rights h ts of ot Individuals conc concerned In th the huntsville scan scan- dal J U. Breeden contends contend that State I and arid Game Warden Cromar had no right to authorize seining In any public waters The rite attorney general holds th that stata warden did not have c the the- right t to to- permit some resi i-esi- dents of ot Il to seine elne the tho pub pub- lic to catch trout oven though he fi fish h were werl alle alleged ed to have han escaped unless the same same- rl ht was to lo all The rhe opinion In full Lul follows Dear Dar Sir Your favor or of or the thc nd received and contents note noted In mj my my I opinion fish pon ponds s placed and ancl maintained In the nat natural ral chan- chan jiel nel pf streams In the manner In wl teh Vou ou havo described certain ponds to 1 ho 10 0 now flOW maintained in ill Weber COUnt county counts are arc Illegally maintained and andare andare are ae public nuisances and taking of or fio fish h b by means of such ponds Is a a. direct violation viola viola- tion of oC the provisions pro of Chapter nf or of the laws v ln nt ot 1901 1901 and further the use or of the screens in conn connection with such ponds In the tho manner as you U do- do scribe Is a violation of or Section 14 of said ald nl Chapter You ask me to advise you TOU what action I think should bo be tak taken n In such sucha a a. case caie as S you have outlined The party part maintaining such spelt pond or 01 pon ponds s could certainly be prosecuted 1 tot for a misdemeanor meanor foi fot taking or 01 catching fish from th the thc public streams by means of such pond or ponds and further he would be lie guilty of a mis misdemeanor for tor maintaining in connection with such pond or ponds or traps tras for fOI the purpose e of catching the fish or holding them Within such POT pond Section 18 IS of f Chapter ChaNer ll 11 laws of or 1907 provides pro for tor a seizure OC or of seme seine nets tact tackle le etc and all other m means ans 01 or devices for or the unlawful taking 01 or catching of oC fish of any kind and in my hid upon a conviction con for Cor a misdemeanor mis mis- demeanor under Chapter uS of or the Jaws of oC 1907 such ponds or rather the artificial means u ed 11 In lit connection with Ith such ponds Jon could be seized under seized un under or oran n an order ndel of or the magistrate and dis- dis IU L I 1 a also o b believe c that such pond would be declared re l to be a public nuisance under inder sub division 3 of or Section J 1275 of oC the tho Revised Statutes of oC 1898 It is m. m r oi p Ii It unlawfUl nl r i-r nr r and ob obstruction oc Of a a. public stream and ana Ji It might mig be advisable to bring a proper a on tub the part of the state to cn- cn join pd pond 1 as being public nuts nuts- an antes and a n wrongful 1 interference with the he nubile stream Yours very ery r truly M SM 1 A. A BREEDEN Attorney General |