$25 license fee of market hunters. Colorado issues storage licenses at $1, importation licenses at $1, and park licenses at $1-$100. California, Colorado, and Oregon issue special permits upon application to the fish commissioners or game wardens, allowing shipment of game out of the State for breeding purposes. It might be well if the practice of issuing permits in the case of birds intended for propagation were more general. It is not in conflict with the spirit of nonexport laws, and under State supervision will hardly interfere with their proper enforcement, while, on the other hand, it may materially assist in obtaining a supply of birds for restocking covers in other States. Details in regard to nonresident licenses are given in the following table. In a few States an additional clerk's fee, 25 cents to $1, is required to cover cost of issuing the license, but this item is not included in the fees given below. Moose, $5: deer, $2; pair of In cities of more than 3,000 in- Baltimore, Caroline, Carroll, Do. Limited to 1 year. Includes animals and birds, and applies only to citizens of States having restrictive laws against nonresidents. 1 Licenses not required for shooting or trapping certain waterfowl on Patuxent in case of citizens of St. Mary, Prince George, Charles, Anne Arundel, and Calvert counties. South Dakota Nonresident.. 10.00 County treasurer. ..do Resident ..... 1.00 do Virginia.. Commissioner of revenue. Nonresident.. 10.00 | County auditor.. Washington. ..do Nonresident.. 25.00 Clerk of county court Secretary of state.. ...do.. County clerk Justice of the peace 1 Expires December 31. Necessary outside of county of domicile. Expires Dec. 31. Expires December 31. Expires December 31. Not required for hunting by citizen on his own lands. Nonresident. Expires December 31. Nontransferable. County license for big game. Issued Nov. 1. Expires Dec. 31. Nontransferable. Do. County license for 1 year. For 1 season. Big game. Not required of army or navy Minister of agriculture and Any animals or birds. Surveyor - general; chief Any game or game birds. Moose and caribou only. accompanying anyone into woods to hunt moose or caribou. Resident accompanying anyone into woods to hunt moose or caribou. Nonresident accompanying anyone going into woods to hunt moose or caribou. "The Attorney-General of Montana has decided that a nonresident of that state who is a stockholder in a corporation in the State, or who owns other property in the State upon which he pays taxes, can hunt in the State without taking out a nonresident's license; but that if a nonresident holds property in the State upon which he does not pay taxes, he must take out a nonresident's license before he can legally hunt or fish within the State." (Am. Field, Vol. LVI, p. 61, July 27, 1901.) The Superior Court of Spokane has declared the license law of Washington unconstitutional, so far as it relates to residents of that State, on the ground that it discriminates in favor of persons under 16 years of age. (Am. Field, Vol. LVI, p. 164, Aug. 31, 1901.) Licenses for hunting game—Continued. Provinces. Kind of Fee. By whom issued. Newfoundland.. Nonresident.. $40.00 Stipendiary magistrate; jus Nonresident.. 50.00 tice of the peace; minis- .do Remarks. 2 stag and 1 doe caribou. Good for 4 weeks. (Fee not required of officer of British warship stationed on coast of Newfoundland for fisheries protection.) 3 stag and 1 doe caribou. Good for 6 weeks. 5 stag and 2 doe caribou. Good for 2 months. Employment of guide, laborer, or bearer. Commissioner of agricul- Expires Dec. 31. 1.00 ture at Regina. Game guardian.. For guests (not residents of adjacent Provinces or States) of residents and hunting with them. Good for 5 days. All game. Good for 1 year from Aug. 1. Birds, hares, and rabbits. Good for 1 year from Aug. 1. Two licenses may be obtained by 1 hunter on certain conditions. Moose and caribou. Deer. General license to hunt. Game animals. Game birds. Good for season.2 Licenses not required of taxpayers, or of former residents, who are members of the Game and Fishery Protection Society, and in government employ, under certain conditions. *Separate license required for shooting game birds in Gulf of St. Lawrence. In this connection it may be well to call attention to the Canadian law regarding nonresident hunters. Those who visit Canada for the purpose of hunting, camping, etc., are required to deposit with the customs officer at the port of entry an amount equal to the duty (30 percent of appraised value) on such guns, canoes, tents, cooking utensils, kodaks, etc., as they take with them. If these articles, properly identified, are taken out within six months at the same port at which they were carried in, the deposit will be returned. But members of shooting or fishing clubs that own preserves in Canada and have filed a guarantee with the Canadian commissioner of customs, may present club membership certificates in lieu of making the deposit. They must, however, pay duty on all ammunition and provisions carried in. RESTRICTIONS AS TO PURPOSES FOR WHICH GAME MAY BE KILLED. Not only are limits set to the time for killing game and the methods of hunting, but in many instances the killing or possession of game for certain purposes is prohibited. Restrictions of this kind may be con veniently considered under the four heads Market hunting,' 'Killing for hides,' 'Possession and storage,' and 'Sale.' MARKET HUNTING. Traffic in game, especially since the advent of railroads in the West and the introduction of modern methods of refrigeration, has grown to large proportions, and in several instances threatens with extermination some of the most valuable game in the United States. The amount killed for sport or for food, however large it may be, is small in comparison with that killed for market. With a view to preventing extermination of their game, some States have prohibited killing for sale, and others the sale of all game taken within the State or protected by its laws. Ohio prohibits killing for sale of squirrel, quail, ruffed grouse or pheasant, prairie chicken, wild turkey, Mongolian, English or ring-neck pheasant, and woodcock; Pennsylvania, deer, elk, quail, partridge, grouse, pheasant, wild turkey, and woodcock; Indiana, quail, ruffed grouse, and pinnated grouse; Iowa, these and woodcock; Tennessee, deer, quail or partridge; Wyoming, big game. The Province of Ontario prohibits the employment of any one to kill game for sale; and Nebraska and the Indian Territory the slaughter of game for any purpose except food. In many States that do not absolutely prohibit killing for sale, such killing is greatly restricted by laws requiring hunters to secure licenses, and limiting the number that may be killed (see pp. 44-50). Oregon requires nonresident market hunters to obtain a special license, the fee for which is $10. Georgia has a general law forbidding killing for sale, except under license, but it is not operative in any county until recommended by the grand jury of that county. KILLING FOR HIDES. Killing for hides may be regarded as a special phase of market hunting and one which has proved extremely destructive to big game in certain States of the West. Of late years legislation ha been directed toward stopping this source of waste. Wyoming prohibits purchase of hides or horns of deer, elk, moose, antelope, mountain sheep, and goat; and in some other States dealers are required to obtain special licenses for handling hides of deer and moose or other big game. (For restrictions on shipment of deer hides see page 60). POSSESSION AND STORAGE. One of the most important features of game legislation has been the gradual increase of provisions making the possession of game out of season an offense. Prohibitions against killing can be enforced only against the hunter, who may be merely the agent of the dealer; but penalties for possession can be enforced alike against hunter and dealer, agent and employer. The enforcement of such provisions has given rise to cases which have been carried to the highest courts. Acknowledgment has been slow of the principle that States can impose restrictions on possession of game, or that birds lawfully purchased in open season can become contraband simply by being kept a few days in storage. It is unnecessary here to review the history of this litigation; but reference may be made to a case recently decided by the supreme court of Indiana, in which the appellant was convicted of having in his possession on February 5, 1900, a single quail, which he had obtained lawfully on December 30 previous and had kept in his refrigerator, notwithstanding that the law of Indiana prohibited possession of quail in that State after January 1. In deciding this case the court summarized the whole question briefly in the following words: The individual has no natural right to take game, or to acquire property in it, and all the right he possesses or can possess in this respect is granted him by the State. The power to grant embodies the power to impose conditions. The citizen when he accepts the State's grant, accepts it impressed with all the restrictions and limitations laid upon it, and when he acquires property under such license he does so with full notice of his qualified right; and so, if he loses that which he has taken, or held possession of, upon forbidden terms, he has lost nothing that belonged to him, and there has been no taking of property without due process of law, or without just compensation. (Smith e. State, 58 N. E. Reporter, 1045.) Similar decisions have been rendered in Minnesota (State v. Rodman, 58 Minn. 393) and other western States. The supreme court of Missouri has even gone so far as to hold that under a law prohibiting possession during the close season, a contract on the part of a coldstorage company to keep game during the close season is illegal. (Haggerty. St. Louis Ice Co., 44 S. W. 1114.) In Ontario game. 1 Michigan (Acts of 1893, p. 312) and Minnesota (Laws of 1897, p. 413) have declared that birds protected by law shall always remain the property of the State. When their killing is not prohibited, they may be used in the manner and for the purposes authorized, but not otherwise. |