FOREST RESERVES. 30 Statutes at Large, p. 35. CHAP. 2. An Act Making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-eight, and for other purposes, Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That * * * The Secretary of the Interior shall make provisions for the protection against destruction by fire and depredations upon the public forests and forest reservations which may have been set aside or which may be hereafter set aside under the said Act of March third, eighteen hundred and ninety-one, and which may be continued; and he may make such rules and regulations and establish such service as will insure the objects of such reservations, namely, to regulate their occupancy and use and to preserve the forests thereon from destruction; and any violation of the provisions of this Act or such rules and regulations shall be punished as is provided for in the Act of June fourth, eighteen hundred and eighty-eight, amending section fifty-three hundred and eighty-eight of the Revised Statutes of the United States. [Penalty for unlawful cutting or destroying of timber, a fine of not more than $500 or imprisonment more than 12 months, or both fine and imprisonment in the discretion of the court.] Approved June 4, 1897. GOVERNMENT RESERVATIONS NOT OTHERWISE PROVIDED FOR. 30 Statutes at Large, p. 717. CHAP. 576. An Act To protect the harbor defenses and fortifications constructed or used by the United States from malicious injury, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SEC. 2. That when any offense is committed in any place, jurisdiction over which has been retained by the United States or ceded to it by a State, or which has been purchased with the consent of a State for the erection of a fort, magazine, arsenal, dockyard, or other needful building or structure, the punishment for which offense is not provided for by any law of the United States, the person committing such offense shall, upon conviction in a circuit or district court of the United States for the district in which the offense was committed, be liable to and receive the same punishment as the laws of the State in which such place is situated now provide for the like offense when committed within the jurisdiction of such State, and the said courts are hereby vested with jurisdiction for such purpose; and no subsequent repeal of any such State law shall affect any such prosecution. Approved July 7, 1898. STATE LAWS. The following digest of the laws of the various States relates chiefly to the transportation and sale of game. Sections which contain prohibitions against transportation and sale merely during close seasons are omitted, since they are so common that their repetition seems unnecessary. Hence no extracts will be found from the laws of Kentucky, or Louisiana, and the only section quoted from the laws of Mississippi is one defining game. Definitions of game are quoted also from the statutes of other States which contain such definitions, and a few other sections have been inserted when necessary for the sake of clearness; but as far as possible the extracts have been restricted to those treating of the trade in game. As a rule the statutes are quoted verbatim, but in some cases abstracts only are given, which are placed in brackets. * ALABAMA. General Laws of 1899, pp. 77-83. Sale: SEC. 5. * * It shall be unlawful at any period or season of the year to kill, entrap, or pursue with intent to kill or entrap any deer, fawn, wild turkey, pheasant, grouse, quail, partridge, woodcock or squirrel, in any part of this State, for the purpose of selling the same. It shall be unlawful for the proprietor, manager, clerk or agent of any market, or other person, firm or corporation, to purchase, sell or expose for sale, any deer, fawn, wild turkey, pheasant, grouse, quail, partridge, woodcock or squirrel, killed or entrapped within this State. That it shall be unlawful for the proprietor, manager, clerk or agent of any market, or other person, firm or corporation, to purchase for the purpose of again selling the same, any deer, fawn, wild turkey, pheasant, grouse, quail, partridge or woodcock killed or entrapped within this State. Whosoever shall offend against any of the provisions of this section, shall, on conviction, be fined not less than one hundred dollars for every deer, fawn, so taken, purchased or sold, and twenty-five dollars for every wild turkey, pheasant, grouse, quail, partridge or woodcock so taken, purchased or sold, or by sentence to imprisonment in the county jail for a period of one day for each dollar of penalty imposed. Shipment: SEC. 6. * * * That no person or persons, company or corporation, or the agent or employee thereof, shall at any time, catch, take or kill, or have in his, her or its possession or under his, her or its control, any of the birds or game mammals of this State, the killing of which at any or all times is prohibited by the laws of this State, with intent to ship or remove the same beyond the limits of this State, or with intent to aid in the shipment or removal thereof out of this State; and it shall not be lawful for any person or persons, railroad company, express company, stage driver, or any company or corporation, or person or persons, acting in the capacity of a common carrier, their officers or employees, to knowingly receive for transportation or transport or remove beyond the limits of the State, any of the game birds or game mammals mentioned in this act. [Penalty, $50-$100 for each offense.] * * Counties exceptea: SEC. 14. * Provided, the provisions of this act shall not apply to the counties of Hale, Tuscaloosa, Marengo, Wilcox, Marion, Greene, Pickens, Coosa, Clay, Choctaw, Calhoun, Limestone, Clarke, Washington, Chambers, Lawrence, Coffee, Autauga, St. Clair, Franklin, Geneva, Walker, Randolph, Lowndes, Pike, Lauderdale, Butler, Bullock, Dale, Henry, Russell, Cleburne, Lee, Winston, Hale, Blount, Baldwin, Dallas, Chilton, Talladega, Escambia, Elmore, Lamar, Sumter, Fayette, De Kalb, Mobile, Bibb, Cherokee, Etowah, Marshall, Barbour, Jefferson, Tallapoosa, Shelby, Crenshaw, Colbert, Conecuh and Jackson, and it shall not apply to Montgomery County except in so far as game birds and mammals are concerned. Approved February 8, 1899 ALASKA. [No general provisions concerning transportation or sale. For prohibition against shipment of eggs of certain garie birds see pp. 75–76.] ARIZONA. Acts of 1901, No. 57. Propagation: SEC. 2. Every person who, in the Territory of Arizona, between the 1st day of March and the 15th day of October in each year, shall hunt, pursue, take, kill or destroy, or have in his possession, dead or alive, except for purposes of propagation, any quail, bob-white, partridge, grouse, pheasant or any kind of wild duck, goose, brant, snipe or rail, shall be guilty of a misdemeanor. Shipment: SEC. 15. Any officer, agent, servant or employee of any railroad company, express company, or other common carrier, or private individual, who shall have or receive for transportation, or who shall transport, or assist in transporting, any of the game animals, or game birds,' or fish mentioned in this Act, at or during the time when the killing or taking of the same is prohibited, or for transportation or carriage outside the limits of this Territory at any time, shall be guilty of a misdemeanor. Sale: SEC. 17. Every cold storage company, or person keeping a cold storage warehouse, or tavern or hotel keeper, restaurant or eating house keeper, market man, or any other person who shall at any time sell, or expose for sale in this Territory, any hide, head, horns, or meat of any male or female deer, antelope, elk, mountain sheep or mountain goat, or any carcass of any wild turkey, dove, quail, bob-white, partridge, pheasant or grouse, or of any wild duck, goose, brant, snipe or rail, or any brook, mountain or rainbow trout, or any black bass, strawberry bass or crappie, shall be guilty of a misdemeanor. Penalties: SEC. 18. Any person found guilty of a violation of any of the provisions of the various sections of this Act, shall, upon conviction, be fined not more than $100 and costs, and in default of the payment of such fine and costs shall be imprisoned in the county jail for a period not to exceed one day for each dollar of such fine and costs unpaid. * * * Eggs: Nothing in this Act shall be construed to prohibit the U. S. Fish and Game Commissioner, or the Fish and Game Commissioners of the Territory of Arizona, from taking the eggs of any of the game birds mentioned in this Act at any time, for the purpose of artificial hatching or propagation, or for scientific purposes, and in such amounts as they deem proper. 1Deer, elk, mountain sheep, mountain goat, quail, bob-white, partridge, grouse, pheasant, wild turkey, snipe, rail, wild duck, goose, brant. The sale of doves is pro hibited (by sec. 17), but killing and shipment are not. 5037-No. 16-01-7 ARKANSAS. * * * Sandels and Hill's Digest of the Statutes, 1897, Chap. LXIX, pp. 844-848. SEC. 3416. It shall be unlawful for any railroad company, steamboat, express company, or any other common carrier, to take for carriage any fish or game consigned to points beyond the limits of this State. Examining packages: SEC. 3417. All such common carriers may refuse to receive any package which they may suppose contains fish or game designed for export, and may cause said package to be opened, or may satisfy themselves in any other way that said package does not contain game or fish. Penalties: SEC. 3418. Any common carrier violating the provisions of this act, shall be guilty of a misdemeanor and upon conviction shall be fined in any sum not' less than $50, nor more than $200. Shipment: SEC. 3435. It shall be unlawful for any railroad company, express company, steamboat company, or other company, or corporation, or private person, to have in possession or receive for transportation or carriage, or for any other purpose whatsoever, any of the game or birds mentioned in section 3431 [deer, quail or Virginia partridge, pinnated grouse or prairie chicken, wild turkey], during the season when the killing, catching or injuring the same is prohibited. (See p. 21.) Penalties: SEC. 3436. [Violation of any of the provisions of this act a misdemeanor, punishable by a fine $3-$10 for each bird or nest of eggs, and $10-$20 for each deer, together with costs of prosecution.] Acts of 1901, No. CLXXIV, p. 328. * * * Quail-White County: SEC. 1. It shall also be unlawful to catch or kill for sale shipping or barter or giving away of any quail in White County, and Barren and Glaize Townships, Jackson County, Providing nothing in this bill shall prevent any person or persons to catch or kill such quail for their individual or home consumption. Penalty: SEC. 2. Any person violating the provisions of this Act shall be guilty of a misdemeanor and upon conviction shall be fined in any sum not less than twenty-five nor more than fifty dollars for each offense. Approved, May 23, 1901. CALIFORNIA. Penal Code, 1872, as amended by Statues of 1901, Chap. CCLXXIV, pp. 819-823. Hides: [SEC.] 626h. Every person who buys, sells, offers or exposes for sale, transports or carries, or has in his possession, the skin, pelt, or hide of any female deer, or spotted fawn, or any deer hide, or pelt from which the evidence of sex has been removed, is guilty of a misdemeanor. Sale: [SEC.] 626k. Every person who buys, sells, offers or exposes for sale, barter, or trade, any quail, partridge, pheasant, grouse, sage hen, ibis, or plover, or any deer meat, whether taken or killed in the State of California or shipped into the State from any other State, Territory, or foreign country, is guilty of a misdemeanor. Propagation: [SEC.] 6261. Nothing in this Act shall be held to prohibit the possession for scientific purposes, or the taking alive for the purpose of propagation, any of the animals or birds mentioned in this section; provided, permission to take and possess said birds or animals for said purposes shall have been first obtained in writ ing from the Game Commissioner1 or the State Board of Fish Commissioners, and said permission shall accompany the shipment of said birds or animals, and shall exempt them from seizure while passing through any part of the State. Export: [SEC.] 627a. Every railroad company, express company, transportation company, or other common carrier, its officers, agents, and servants, and every other person who transports, carries, or takes out of this State, or who receives for the purpose of transporting from the State, any deer, deerskin, buck, doe or fawn, or any quail, partridge, pheasant, grouse, prairie chicken, dove, wild pigeon, or any wild duck, rail, snipe, ibis, curlew, or plover, except for the purposes of propagation, or who transports, carries or takes from the State, or receives for the purpose of transportation from the State, any such animal or bird, or any part of the carcass thereof, is guilty of a misdemeanor. The right to transport for the purposes of propagation, or for scientific purposes, must first be obtained by permit in writing2 from the Game Commissioner,1 or the State Board of Fish Commissioners. Restrictions on shipping: [SEC.] 627b. Every railroad company, steamship company, express company, transportation company, transfer company, and every other person, who ships, or receives for shipment, or transportation, from any one person, during any one day, more than twenty-five quail, partridge, grouse, or sage hen, snipe, curlew, or ibis, or more than fifty doves, or more than twenty rail, or more than fifty wild ducks, or who transports any of said birds, or any deer, in any quantity, unless such birds or deer are at all times in open view, and labeled with the name and residence of the person by whom they are shipped, is guilty of a misdemeanor. Trapping for sale: [SEc.] 631. Every person who takes, kills, or destroys, by the use of any net, pound, cage, trap, set line or wire, any quail, partridge, grouse, wild duck, curlew, or ibis, or who transports, buys, sells, or gives away, offers or exposes for sale, or has in his possession, any of the said birds that have been taken, killed, or captured by the use of any net, pound, cage, trap, set line or wire, whether taken in the State of California, or shipped into the State from any other State, Territory, or foreign country, is guilty of a misdemeanor; provided, that the same may be taken for purposes of propagation, or for scientific purposes, written permission having first been obtained from the Game Commissioner,' or the State Board of Fish Commissioners. Penalties: [SEC. 631a. Every person found guilty of a violation of any of the provisions of Sections 626h, 626k, 626m, Sections 627a, 627b, and Section 631 must be fined in a sum not less than twenty-five dollars nor more than five hundred dollars, or imprisoned in the county jail of the county in which the conviction shall be had, not less than twenty-five days nor more than one hundred and fifty days, or by both such fine and imprisonment.] COLORADO. Session Laws of 1899, chap. 98, pp. 188-217. DIVISION A. GENERAL PROVISIONS. Regulations: SEC. 7. The commissioner shall have power to prescribe such rules, regulations and forms as may be required to carry out the true intent of this act, and not inconsistent herewith. 'There is no Game Commissioner in the State. Sec. 435 of the Penal Code provides: "Every person who commences or carries on any business, profession, trade, or calling for the transaction or carrying on of which a license is required by any law of this State, without taking out or procuring the license prescribed by such law, is guilty of a misdemeanor." |