Laws of Georgia for the protection of game birds and fish : instructions to wardens and suggestions to the public / Georgia Department of Game and Fish

GEORGIA
Department of Game and Fish
BULLETIN NO. 1,
LAWS OF GEORGIA
For the Protection of Game, Birds and Fish. Instructions to Wardens and Suggestions to the Public.
by-
JESSE E. MERCER,
State Game and Fish Commissioner.
Fitzgerald, Georgia. December, 1911.

STATE GAME AND FISH DEPARTMENT.
The Commissioner invokes the vigilance of Wardens^ the assistance of Sportsmen, and the good will of all Law-
New abiding Citizens in securing the enforcement of the Game and Fish Law,
I will appreciate the interest of any good citizen of
Georgia who in the name of Law Enforcement will report
to this office,. County Wardens or Deputies any infractions that may come under his observation, and such informations will be treated inviolate.
Signed,
JESSE E. MERCER,
Commissioner, (Fitzgerald, Ga., Nov. 25th, 1911.)

Department of Game and Fish Established.
An Act for the protection of game animals and birds and fish; to establish the Department of Game and Fish; to declare what
shall be game animals and birds; to provide for the appointment of a State Game and Fish Commissioner, and the appointment of Wardens and Deputy Wardens, prescribing their
duties and their purposes, and to provide penalties for violations of this Act.
Section 1. DEPARTMENT OF GAME AND FISH.
COMMISSIONERS' term of office.
Be it enacted by the General Assembly of Georgia, That the department of game and fish be established, to be in charge of the game and fish commissioner, who shall be appointed by the governor, and the term of whose office shall be for a period of two years, beginning September 1, 1911, or until his successor is appointed and qualified. Any vacancy in this office by death or otherwise shall be appointed by the governor.
Section 2. COMMISSIONER'S SALARY.
Said commissioner shall receive a salary of not exceeding $2,000 per annum, payable alone out or the fund hereinafter mentioned, and provided by virtue of this act, and he shall give his entire time
to the service of the state as such game and fish commissioner.
Section 3. COMMISSIONER'S DUTIES. BOOKS AND ACCOUNTS; SEAL OF OFFICE.
Said commissioner shall give bond in the sum of $4,000 payable to the governor of the state, with two or more solvent securities,
conditioned for the faithful performance of the duties of his office
and a proper accounting of all moneys that may come into his hands as commissioner. He shall keep a public record correctly disclosing all moneys received and expended, the number of hunter's licenses, the number of wardens employed, with their names, and counties In which they serve. Also the name of each person prosecuted for violation of this act, with the amount of fines imposed and collected in each case, and all such other information as may be necessary

GEORGIA GAME AND FISH LAWS.
to the affairs of the department. The books and accounts of said commissioner shall be audited in the same way as other books and
accounts of the other departments of the state are audited. He
shall have a seal of office.
Section 4--COMMISSIONERS TO SEE
THAT PRESENT LAWS AND FUTURE LAWS ENACTED ARE OBSERVED; SEIZE GAME AND BIRDS WARDENS AUTHORIZED TO
|
SERVE CRIMINAL PROCESS.
It shall be the duty of said commissioner to see that the laws
now or hereafter enacted for the protection, propagation and preservation of game animals, game birds or other birds and fish in
this state are observed, and that violations of said laws are promptly and speedily prosecuted. It shall be his duty to seize or cause to
be seized game birds, or other animals and fish caught or killed at
a time or in a manner, or which have been shipped, contrary to the
provisions of this act. Such game or fish so seized shall be donated to some charitable institution in this state, except live game birds, animals or fish, which shall be liberated. He shall, with wardens
and deputy wardens and ex-officio wardens, be authorized to serve all criminal process for violations of this act which could be served by the sheriff and constables of this state,
Section 5. COMMISSIONER TO APPOINT COUNTY WARDENS.
warden's duties, per diem and fees; share of fines; warden's records in clerk's office.
He shall appoint game and fish wardens and deputy wardens in
each county of this state, such appointeees to hold their office for the term of two years unless sooner removed for cause by the commissioner. Such wardens and deputy wardens shall enforce all the
provisions of this act and all other laws in reference to game and
fish in their respective counties. Such wardens and deputy wardens shall receive three dollars per day while acting under the special directions of the commissioner, with reference to the discharge of
their duties, which sum shall be paid out of the game protection fund provided for by this act. Each county warden shall receive
one-fourth of all fines and forfeitures and penalties collected in the county in which he holds office imposed for violation of this act, where he does not furnish the evidence necessary to convict. If he does arrest, or cause the arrest, and furnish the evidence necessary to convict then he shall have three-fourths of such fines, forfeitures
and penalties. Any person arresting or causing to be arrested of-

GEORGIA GAME AND FISH LAWS.
fenders under this Act and furnishing the evidence necessary to convict such offenders shall receive one-half of fines, forfeitures and penalties imposed and collected from such offenders and legal fees paid to constables. The remaining portion of fines imposed and
collected shall be forwarded to the state game commissioner and by him turned into the treasury to the credit of the game protection fund. The county warden shall receive twenty-five cents for each
county license issued by him, one dollar for each state license and three dollars for each non-resident license issued by him.
All county wardens shall keep a reeord in the office of the clerk of the court in their respective counties, which record shall be open to the public, giving names of all parties holding resident, county and state license and non-resident state license issued by him. This record shall also show the names, offences and fines imposed on all
persons convicted for a violation of the fish or game laws of this
state in the county of his jurisdiction.
Section 6. LICENSES, HOW ISSUED, DESCRIPTION.
FEES REMITTED--HUNTING AND FISHING ON OWN LAND AND MILITIA DISTRICT.
Any resident of the state may procure a license to hunt in his resident county upon the payment of the sum of one dollar. Li-
cense to such resident shall be issued authorizing him to hunt throughout the state upon the payment of three dollars. Licenses shall be issued to non-residents of the state upon the payment of the sum of fifteen dollars, which shall authorize such non-residents to hunt throughout the state. All licenses shall bear the date of issuance if the license is issued in the open season, and shall authorize the person named therein to hunt during the then open season, and if issued in the closed season shall authorize said person to hunt during the next succeeding open season. Such licenses shall be signed by the commissioner and countersigned by the game warden of the county in which the license is issued and numbered. It shall contain the residence, age, sex and postoffice address of the person
to whom issued; also shall state the race, approximate height and
weight, and the color of the applicant's hair and eyes. The license fees, less the warden's fees, shall be remitted by the warden to the
commissioner not later than the first of the following month. A
person may hunt or fish in the open season in his own militia district or on his own land without a license. Tenants and their families by
and with permission of the owner of the land shall be permitted to

GEORGIA GAME AND FISH LAWS.
hunt and fish on the lands leased and rented by them without a license. All licenses shall terminate on the first day of February
following the date ofjssuance.
Section 7. LAND OWNER'S PERMISSION ALWAYS REQUIRED.
No person shall hunt or fish upon the lands of another with or
without license without first having obtained permission from such land owner.
Section 8. GAME PROTECTION FUND.
SURPLUS TO GO TO SCHOOL FUND. All moneys received by the commissioner arising under this act shall constitute a fund known as the game protection fund, and shall be devoted to the payment of the salary of the commissioner, his necessary incidental expenses and the salary of the game wardens and deputy wardens when acting under the special instructions from him. Such*salaries and expenses shall not be a charge upon the state funds, nor payable out of any other fund than the game
protection fund. No voucher for said salaries or expenses shall be paid unless there shall be at the time sufficient money to the credit of said fund in the treasury. If there should be any money in the treasury at the end of the year to the credit of the game protection
fund the account so remaining shall become a part of the public school fund of the state.
Section 9. CLERKS OF COURT to REPORT to COMMISSIONER.
The clerk of each court in which prosecutions may be instituted
for violations of this act shall promptly report to the commissioner the result of said trial and the amount of fines, forfeitures and
penalties collected, which said sum shall, after the deductions mentioned in section 5 of this act, be forwarded to the game commissioner and be placed to the credit of the game protection fund
Section 10. JUDGES SHALL CHARGE GRAND JURIES.
It'shall be the duty of the various judges of the superior courts to specially mention in their charges to their respective grand juries
the provisions of this act.
Section 11. GAME BIRDS AND ANIMALS NAMED.
The following shall be deemed game birds and animals: Quail, commonly known as Bob White Partridges, doves, snipe, woodcocks and curlews, wild turkeys, grouse, pheasants, deer, squirrels and summer or wood duck.

GEORGIA GAME AND FISH LAWS.
Section 12. MISDEMEANOR TO PURCHASE OR SELL OR OFFER TO SELL.
Any person who shall purchase or sell, or export for sale, or offer to sell any of the game birds or animals named in section 11 of
this act shall be guilty of a misdemeanor, and upon conviction punished by a fine of not less than ten nor more than one hundred dollars, and all costs for each offense, or to work on the public works not less than five nor more than thirty days, and any one or more of
these punishments may be ordered in the discretion of the judge.
Section 13. TRANSPORTATION FORBIDDEN.
NESTS AND EGGS PROTECTED. Any person who shall transport or ship, or offer to transport or ship, any of the game birds or animals mentioned in section 11 of this act, without the limits of the state, or from the county in which the game was killed into another county in this state, or who
shall sell or offer for sale, or purchase or offer to purchase any part
of the plumage, skin or body of any of the game birds or animals mentioned in section 11 or who shall take or willfully destroy the
nests or eggs of any of said birds, shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed by section 12 of this act provided it shall be lawful for any person duly au-
;
thorized to hunt to personally transport, openly, the game actually killed by him from the county in which it was killed to any county of this state, or without the state, but the person killing said game must in each instance accompany the game so killed. Each person hunting shall carry with him his license and exhibit the same promptly upon request of any game warden or deputy warden or
ex-ofncio warden.
Section 14. OPEN SEASON DEFINED.
POSSESSION A CRIME. DOVE BAITING FORBIDDEN--INCREASED PENALTY. Any person who shall hunt, kill or destroy by any means whatsoever or who is in possession of the following named birds or animals, except between the following dates, shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed in section 12 of this act: Quail, commonly known as Bob White partridges, doves, wild turkey gobblers, plovers, from December 1st to
March 1st following, snipe from December 1 to May 1 following; wood-cock, summer or wood duck, from Dec. 1 to Jan. 1 following;
deer, fox squirrels and gray squirrels from October 1 to January 1

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GEORGIA GAME AND FISH LAWS,

following of each year. It shall be unlawful any time of the year to scatter upon the lands of any person, whether it be the owner of the land or not, any corn, wheat or grain or other bait for the purpose of drawing to the lands where such bait are scattered or
placed, game birds or doves, for the purpose of shooting or allowing to be shot at, or killing such game birds or doves at or near
such lands so baited, and it shall be unlawful for any person to
shoot at or kill any dove or other game bird at, upon, over or near any land baited or baited field or land, and for a violation of this provision such person or persons shall be guilty of a misdemeanor
and punished as prescribed in section 1065 of criminal code.
Section 15. THREE DEER, THREE TURKEYS SEASON LIMIT.
TWENTY FIVE GAME BIRDS, FORTY SNIPE OR DOVES BAG LIMIT.
During the open season no one person shall be authorized to kill more than three male deer, nor more than three wild turkey gobblers during any one season. Nor more than twen-
ty-five game birds of any one specie in any one day, except snipe or doves, of which one person may kill forty in one day. Any person violating this section shall be guilty of a misdemeanor and punished
as prescribed in section 12 of this act.
Section 16. PHEASANT, GROUSE, DOE, TURKEY HENS.
PROTECTED FIVE YEARS. Any person who shall catch or kill any wild pheasant, grouse, wild doe or fawn, or wild turkey hens, or any imported game birds or game animals prior to December 1, 1916, shall be guilty of a misdemeanor and upon conviction, punished as prescribed in section
12 of this act.
Section 17. SNARES, NETS, POISON FORBIDDEN.
Any person who shall at any time kill or capture or wound any game bird or animal by the use of any pitfall, deadfall, snare, trap,
net, pen or other device, or by the use of any poison, drug or ex-
plosive, or who shall hunt., catch, or kill any game birds or animals
at night shall be guilty of a misdemeanor, and upon conviction pun-
ished as is prescribed in section 12 of this act.
Section 18. LICENSE AND CONSENT NECESSARY
Any person who shall hunt without first obtaining a license, except on his own land, or in his own miliria district, or who lends or transfers his license to another, or who shall hunt upon the lands

GEORGIA GAME AND FISH LAWS.
of another without first having obtained his consent to do so, except persons following hounds in pursuit of foxes or deer, or anyother animals not mentioned in this act, shall be guilty of a misdemeanor, and upon conviction, punished as prescribed in section 12 of this act.
Section 19.-COMMON CARRIER SHALL NOT SHIP.
Any common carrier who shall ship or transfer or carry any game bird or animal without the limits of this state shall be guilty
of a misdemeanor and upon conviction, punished as prescribed in section 12 of this act provided the terms of this section shall not
;
apply to game in the personal possession of the party killing the
same, provided such party has obtained a license then of force.
Section 20.--AGENTS OF COMMON CARRIERS
SHALL NOT HANDLE
Any agent or employee of a common carrier who shall receive any game birds or animals for shipment without the state, or from
one county to another within this state, shall be guilty of a misdemeanor, and upon conviction, punished as prescribed in section 12 of this act.
Section 21. -PENALTY FOR WARDENS AND DEPUTIES.
Any warden, deputy warden or ex-officio warden who shall fail to perform any act or duty placed upon him by this act shall be guilty of a misdemeanor, and upon conviction shall be punished as
prescribed in section 12 of this act.
Section 22.--MONEY TO BE DEPOSITED TO THE CREDIT OF GAME PROTECTION FUND.
All monies received by the commissioner arising from the pro-
visions of this act shall be deposited in the state treasury to the
credit of the game protection fund, and said fund shall not be drawn upon or used for any purpose save such as is designated in
this act.
Section 23.--ALL BIRDS PROTECTED-EXCEPTIONS.
It shall be unlawful for any person in this state to kill, catch or have in his possession any wild non-game bird, or to take or destroy the nest or eggs of any non-game bird, or to have the same in his or her possession. Such persons violating the provisions of this section shall be guilty of a misdemeai or, and upon conviction,

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GEORGIA FISH AND GAME LAWL.

punished as is prescribed in section

12

of this

act provided ;

this

section shall not apply to the following birds : English sparrows,

owls, hawks, eagles, crows and rice birds, except persons may ship

into this state birds mounted for millinery purposes.

Section 24. WARDENS TO ENFORCE FISH LAWS.

The game commissioner and wardens shall see that the laws
pertaining to fish are rigidly enforced.

Section 25. All laws and parts of laws in conflict with this act are hereby repealed.

Approved August 21, 1911.

(Tenth Division -Article 35--Page 119, Criminal Code.)
Terrapins, Turtles, Fish and Oysters.
Section 595. TIME WITHIN WHICH TERRAPINS MAYBE
CAPTURED.
If any person shall capture terrapins in any of the rivers, estuaries, bays, sounds, creeks, or tide-waters of this State, by means of seines, nets, traps, or other device, from the first day of March to the twenty-fifth day of July, he shall be guilty of a misdemeanor.
Section 596. FEMALE TERRAPINS OF CERTAIN SIZE NOT TO
BE CAPTURED.
No person shall capture in any manner, or at any time, female
terrapins of a less size than five and one half inches, measured lengthwise on the lower shell ; and when any such terrapins are caught, they shall be at once returned to the waters from which they were taken. The violation of this section shall be a misdemeanor.
Section 597. EVIDENCE AND EXCEPTION.
It shall be prima facie evidence of a violation of the provisions of the two preceding sections for any person, or persons to be found in possession of any terrapin of a less size than five and one half inches, measured lengthwise on the lower shell, at any season of the year, or of any terrapin of any kind between the first of March

GEORGIA GAME AND FISH LAWS.

11

and the 25th of July provided, that nothing in this section shall ;
be so construed as to apply to persons owning and maintaining a bona fide and duly established terrapin crawl, or pen in which ter-
rapins may be kept for the purpose of raising and cultivation.
Section 598. REGULATIONS AS TO NETS.
If any person shall at any time use any seine, net, trap, or other device for the capture of terrapins, with meshes or openings smaller than five and one half inches stretched, or four and one fourth inches loose measure, he shall be guilty of a misdemeanor.
Section 599. TURTLES, WHEN TO BE TAKEN.
If any person shall take turtles within tide-water at any time
other than from the first day of May to the first day of September,
he shall be punished as for a misdemeanor.
Section 600. FISHING REGULATED. No person shall inhabit, occupy, or reside in any vessel, ark. or
flat on any river of this State, which shall not be engaged in the lawful commerce of said river in the carriage of goods or produce to or from market, unless owned by the proprietors of the shores, or their lessees provided, nothing in this section shall be construed
;
to prevent the owners of the land on said rivers, or their lessees, from taking fish in the river opposite their banks ; but no seine shall be permitted to be used in said river either by such owners or lessees, from twelve o'clock Saturday night to twelve o'clock Sunday night; and provided also, that every lease or license to fish shall be recorded within ten days after the granting thereof in the clerk's office of the superior court of the county where the land lies. Aviolation of any of the foregoing provisions shall be punished as for a misdemeanor.
601. ILLEGAL FISHING. No person, other than the proprietors of the shores and banks
of salt creeks, estuaries, and rivers, (or such person as shall be by any such proprietor authorized,) shall take fish, or attempt to do so, with any line, net. or contrivance, on any estuary, or river, where an artificial shell-reef, beds or fishing grounds have been constructed within one hundred yards thereof. Nor shall one proprietor construct or use such places opposite the shore or bank of another proprietor beyond the center of creek, estuary, or river opposite his own shore or bank. Any person violating the provisions of this section shall be guilty of a misdemeanor.

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GEORGIA GAME AND FISH LAWS.

Section 602 TRAPS, Etc., UNLAWFUL, EXCEPT BY CONSENT.
If any person shall put any trap, wire, trot-line, set-line, or other like contrivances, for catching fish for sale, in any of the lakes or other waters of the State, upon or within the lands of another, without the written consent of the owner thereof, he shall be guilty of a misdemeanor.
Section 603. OBSTRUCTING PASSAGE OF FISH.
If any person shall place in the waters of any river or creek, or any fresh water drain, any dam, trap, net, seine, or other device for catching fish, unless the main channel of such stream is left open for a space of ten feet for rivers and one third channel of creek, at low-water mark, unobstructed for the free passage of fish up or
down such stream, he shall be guilty of a misdemeanor, and the sheriff of the county, upon complaint of persons in the territory of such obstruction shall have authority to break and open any dam, net, or other obstruction that may be placed in such waters in violation of this section. This section does not apply to dams for milling or manufacturing purposes. The words "low-water mark" shall not apply to fresh water drains.
Section 604. KILLING FISH WITH DYNAMITE, OR FIREARMS.
If any person shall use fire-arms, dynamite, or other explosive or destructive substances for the purpose of killing fish, he shall be guilty of a misdemeanor.
Section 605. NETS, ETC., EXTENDING TO OR OBSTRUCTING MORE THAN ONE HALF THE STREAM.
If any person shall use nets, seines, or other contrivances covering, extending to, or obstructing more than one half of the stream, for catching or taking shad in any of the streams of this State, he shall be guilty of a misdemeanor.
Section 606 CLOSED TIME AND MESHES OF NETS FOR SHAD.
There shall be a "closed time" in the rivers in which shad are
caught, of forty-eight hours, commencing at sunrise on Monday morning of the next week, during which "closed time" no shad or
other migratory fish shall be caught by nets, wires, pounds, or any other means whatever; neither shall such nets, wires, pounds, or other apparatus be left in said rivers during said "closed time." The meshes of nets or other apparatus for catching said fish shall not be less than five inches.

GEORGIA GAME AND FISH LAWS.

13

Section 607. WHEN SHAD SHALL BE TAKEN.
No shad shall be taken, except between the first day of January
and the twentieth day of April of each year, except for spawning purposes, to carry out the provisions of the law for propagating
fish.
Section 608. PENALTY. A violation of either of the two preceding sections shall be amis-
demeanor.
Section 609. SEINING OR NETTING FOR MOUNTAIN TROUT.
If any person shall seine or net for fish in any of the streams in which mountain trout exist, or are placed, he shall be guilty of a .misdemeanor.
Section 611. POISONING FISH.
Any person who shall directly by himself, or by aiding or abet-
ting others, put walnut hulls, walnut leaves, devil shoestring, or any poisonous substance whatever of any kind in any waters, either running streams or standing waters, such as lakes, ponds, or eddy places in any river or creek within the limits of this State, which will be likely to drive away or poison the fish therein by contaminating said waters, shall be guilty of a misdemeanor.
Section 612.-CLOSEI) PERIOD-SEINES, NETS, GIGS, SPEARS
If any person shall catch or take any fish with seine, net, gig, or spear, or like device from any of the waters of this State, between the first day of February and the first day of July in each year, except with hook and line, he shall be guilty of a misdemeanor.
Section 613.--SHAD.
In the case of shad the above prohibition as to dates shall apply only between the 15th of April and the 1st of July.
Section 614. DRIFT-NETS, WHEN THEY SHALL NOT BE USED.
Whoever shall catch any shad or other fish, or use for the purpose of catching shad or other fish, in any of the waters of this state, any net or nets known as drift-nets, between the hours commencing at sundown on Thursday of each week and ending at sunrise on Monday morning of the next week, shall be guilty of a misdemeanor.

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GEORGIA GAME AND FISH LAWS.

Section 615. TIME FOR TAKING OYSTERS.
If any person shall prick, tong,dredge or in any other manner take or catch oysters from any of the waters of this state, except from private beds, from the first of May to the thirty-first day of August, inclusive, except for the purpose of replanting the same in the waters of this state, or shall take them for any purpose during any season from one hour after sunset on Saturdays until one hour before sunrise on the succeeding Mondays, he shall be guilty of a misdemeanor.
Section 616. UNLAWFUL TO ROUGH TAKE OYSTERS.
If any person shall ''rough" take or catch oysters from any of the public beds within the waters of this state, unless the same shall be culled over the beds from which they may be taken, except when the weather is such as to render it dangerous to remain at the beds, he shall be guilty of a misdemeanor. This section shall not applyto the taking of oysters for the purpose of replanting the same in any of the waters of this state.
Section 617. REMOVING OYSTERS FROM PRIVATE BEDS, OR REMOVING OYSTER-MARKS.
If any person shall, without authority from the owner, take or catch any oysters from any private bed, or remove or deface any oyster-marks, he shall be guilty of a misdemeanor.
Section 618. HOW OYSTERS MAY BE TAKEN.
If any person shall take or catch oysters by the use of any other instrument than the oyster tongs heretofore in general use for taking ovsters, within the waters less than one-thousand feet distance from the shore-line at ordinary mean low tide, he shall be guilty of a misdemeanor.
Section 619, EXCEPTIONS.
The foregoing section does not apply to oysters taken by any means from private beds by the owner or lessee thereof. Nor does it apply to oysters taken from unleased territory within said limits, for the purposes of transplanting to other beds in this state, with the consent and approval of the ordinary and board of county commissioners as provided by law.

GEORGIA GAME AND FISH LAWS.

15

Section 620. CERTAIN PERSONS SHALL NOT PROCURE OYSTER BEDS IN THIS STATE.
If any person, corporation, or agents thereof, who are engaged
in any other state in the business of shipping or canning oysters, shall procure oyster beds of this state, it shall be a misdemeanor.
Section 621. TONGING OR CATCHING AT NIGHT.
If any person shall tong or catch oysters between sunset and sunrise, unless an unobstructed light, six feet above the gunwale, be carried on board the boat used for such purpose, he shall be guilty of a misdemeanor.
Section 590. OTOSSUMS.
If any person shall hunt or catch o'possum between the first day of March and the first day of October of each year, he shall be guilty of a misdemeanor.

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GEORGIA GAME AND FISH LAWS,

Sportsmen and the New Law.
Georgia has been a little slower than her sister states in the
matter of game protection. All the states of the union, except Florida and Mississippi, have laws similar to ours or more stringent;
and they are easily and evenly enforced as soon as the people fully
understand their purport and come to know the merits of the new system. The laws that have been upon our statute books for several
years have been constantly and conspicuously violated, mainly for the reason that there was no organized effort to enforce them; of
course every good citizen wanted to see the birds and game protected; but when the average citizen realized that the "pot hunter" and "game hog" were taking advantage of his respect for the law the sportsman himself joined in the general slaughter, which has gone on until some of our game, turkey and deer in particular,are almost extinct. But the enforcement of the present statute, which is guaranteed by the warden system, will soon restore the normal con-
dition in field and stream.

The Law and the Land Owner.
The new law is aimed primarily at the "game hog," who is not satisfied with a reasonable amount of game; and the "pot hunter," who scours the woods and drags the streams in search of game and fish for the market, and who has no regard for the law, or the rights of the land owners; who tears down or shoots down the trespass notices and who would soon entirely destroy the most desirable game. Under the new law everybody's land is "posted," and it is a crime for any man to go on the lands of another for the purpose of hunting without the land owner's consent. The land owner is relieved of the embarrassment of the prosecutions by the machinery of the present law, which requires the wardens and deputy wardens
to act. A land owner may not be willing to see his game and fish
killed, caught and destroyed by others, and yet not be disposed to prosecute, even call the matter to the attention of the grand jury, and the new law relieves him of that necessity. The law is automatic and provides strong inducements in the form of fees and fines, and in addition makes it a misdemeanor for warden or deputy warden to fail in his duty.

GEORGIA GAME AND FISH LAWS.

17

Poisoning and Dynamiting Fish.
Probably the ugliest crime connected with the destruction
of game and fish, and one that is devoid of the semblance of
sport, is the practice of poisoning the waters, or dynamiting the ponds and streams, destroying all life for the sake of a day's supply
of fish. For a mess of flesh many average citizens have been
thoughtless enough to at least aid and abet in this inexcusable
practice. IT WILL BE THE POLICY OF THIS DEPARTMENT
TO RELENTLESSLY HUNT DOWN AND VIGOROUSLY PROSE-
CUTE EVERY PERSON PARTICIPATING IN SUCH INFRAC-
TIONS OF THE LAW THAT COMES TO OUR KNOWLEDGE.
And the department should have the assistance and encouragement
of every good citizen in checking this tremendous draft on the supply of fish; and to restore a normal condition, which is that of an abundant supply of fish in every stream of the state.

Dove Baiting.
Next to dynamiting fish is the barbarous practice of baiting doves and slaughtering them by the thousand. Certainly it is great sport, but the fascination leads to the destruction of large numbers, often five and six thousand in a single morning in one small field, a wanton destruction of one of the finest of game birds. But let us hope that that has become a reminiscence, that it has passed into history, to be remembered by future generations as a species of barbarism. It must not be attempted in Georgia now, and every warden or deputy warden who fails to do his duty in bringing into court those who infract this wholesome provision of the law will surely receive the censure of this office ; and every good citizen who fails will be censured by a quickened conscience. Let's have no more dove baiting in Georgia.

The Protection of Migratory Birds.
There are those who claim that because doves are of a migratory nature that to kill them in large quantities does not materially
effect the supply. It is a selfish view of the matter, to assume that the laws of Georgia, or any other state, should totally ignore the rights of the people in any other state, or the rights of the generations to come, for it is the coming generations who will enjoy the

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GEORGIA GAME AND FISH LAWS.

full fruition of our present excellent laws. The robin is another migratory bird and fine for the table. They are loved and petted by the people in the states to the north of us where they nest in summer. Because they are migratory is no reason why they should be decimated by the "pot hunter." It is against the Georgia law to kill a robin at any time.

National Uniformity.
To insure the most, salutary effect in the matter of the preservation of migratory birds, national laws are necessary, and inevitable, for we are making progress in that direction. Congress will, probably, at no distant day, establish a national department of game and fish or provide for the supervision of that work by the department of agriculture.

The Game Law and its Benefits.

The new Georgia law primarily protects the rights of the land

owner and of the true sportsman and as a rule they are its best

friends. The restrictions of the right to hunt and fish has the sal-

utary effect of reducing the number of those who visit the fields

and streams for the purpose of taking game, thereby giving a cor-

responding advantage and opportunity for

the

game to increase ;

the natural result is that the number of legitimate sportsmen is

really increased under the system, for the wearied business man

will now find inducements to go into the woods and to visit the

rivers and creeks in search of game and fish. But that is not the

most important advantage of our warden-enforced law, which es-

tablishes a reasonable rule for the guidance of all and under the

operation of which the selfish and gluttonous is deprived of the ad-

vantage he has taken of the more reasonable citizen who has, under

the old system, been at a disadvantage with the "game hog" and

the "pot hunter." Let every man observe the rules or make up

his mind to abide the consequences, for this department will make

it uncomfortable for him. He should not want to take the advan-

tage of his neighbor by hunting out of season or killing game that

is protected under the law, which is nothing more than taking the

advantage of his law-abiding neighbor. But possibly the greatest

of all the advantages or benefits from the law is that it will restore

GEORGIA GAME AND PISH LAWS.

19

to Georgia forests, fields and streams and abundance of game, birds and fish for the enjoyment of all the people, and for the protection of the crops and of life itself. There are those who believe that the destruction of birds has given an unnatural advantage to insect life, resulting in the destruction of crops and, sometimes, in
greater calamities. The best informed men, who have studied the subject, believe and argue with reason that the Bob White part-
ridge, familiar in every county in this state, is our best protection against the dreaded boll weevil.

This Department Self- Sustaining.
The legislature passing the new Georgia game law took great care to provide that no man should be taxed for the support of this department, but that it should oe sustained by the sportsmen who enjoy hunting the game that it is sought to protect. Not a dollarwas appropriated from the state treasury and the department has
been organized and put in motion without a cent to start it with, and the commissioner expects to turn over to the public school fund
at the end of the year quite a sum, that we trust will be applied to the increase in teachers' pay. The department is entirely dependent upon the very reasonable fees charged for hunting license, which will be much more than enough to meet all the expenses
leaving the fines and penalties, or that part of it reserved to the state after paying for prosecution, entirely for the school fund. Thus the infractors of the law, those who are not willing to abide by the rule that has been established for the government of all hunters will have the satisfaction, at least, of knowing that the fine money, the state's share of it, will go for the education of the chil-
dren, who, we hope, will knew better than to infract so good a law.
Public Sentiment.
Public sentiment, usually against any law until it has been tried,
is rapidly crystalizing in favor of the strict enforcement of the new game law. The public demands the prosecution and conviction of those who violate the law. Unless the law is evenly enforced it would naturally become unpopular and difficult to enforce at all, and this department may be expected to use every legitimate means
to secure a uniform observance of its provisions in every county of

20

GEORGIA GAME AND FISH LAWS.

A Georgia.

healthy public sentiment is essential to the successful

and uniform enforcement of the law and for that reason the de-

partment will distribute in every county in the state this booklet

and other literature calculated to prepare the public mind for the

strict enforcement of the law. The commissioner believes that,

generally, county officers have been rather lax in the matter of law

enforcement, and every intelligent man understands that the fail-

We ure to enforce one law leads to the violation of other laws.

ap-

peal to every law abiding citizen to put the weight of his influence

on the side of law enforcement, and the new game law will soon

become one of the most popular of the Georgia statutes.

The Warden's Duty.

The duty of the county warden and his deputies is plain as laid

down in the law, but when left to act upon their own initiative it

is naturpl that even the best of them will become indifferent, or at

least forgetful of the important work they have in hand, as they

become absorbed in their business affairs, particularly in the closed

season when the fees are light and prosecutions are infrequent.

For that reason this central office has been established, and it will

be our pleasure and duty to constantly remind the wardens of the

necessity for vigilance and strict enforcement by prosecution, if

necessary, of those who are willing to break the law. Wardens are

warned against rash and ill advised prosecutions; and this depart-

ment will undertake to discourage any warden who uses his office

to gratify a spleen he may hold against his neighbor. He must

know the difference bstween persecution and prosecution; arid

while the law should be enforced evenly, it is not necessary to en-

force it rashly. It is the duty of the warden to so conduct his

prosecutions as to make friends of the neighbors of the violator he

pros-cures. It should be his purpose to see that the game law is

the most popular as well as the best enforced law in the state, and

to do that there must be no discrimination between persons or

We classes. When in doubt, write, wire or 'phone this office.

are

here to be troubled.