Reports of Cases Argued and Determined in the Supreme Court of the State of Vermont Volume 78; Reported by the Judges of Said Court, Agreeably to a Statute Law of the State (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 Excerpt: ...without having it open to view, tagged, and labelled, as required by No. 94, Acts 1896, in the case of a resident hunter. Information for being possessed of two wild deer during the closed season for hunting, and taking wild deer in violation of No. 94, Acts 1896, as amended by No. 108, Acts 1898. Heard on demurrer to the information at the March Term, 1905, Franklin County, Rozvell, J., presiding. Demurrer overruled, pro forma, and information adjudged sufficient. The respondent excepted. Lee S. Tillotson for the respondent. No. 128, Acts 1904, does not purport to amend any other law. It covers the whole subject of hunting deer in this State by nonresidents, and discriminates in favor of nonresidents. This discrimination renders both No. 128, Acts 1904, and No. 94, Acts 1896, as amended, unconstitutional. State v. Shedroh 75 Vt. 277; State v. Hoyt, 71 Vt. 59; State v. Cadigan, 73 Vt. 251; State v. Insurance Comrs., 33 L. R. A. 288; Am. & Eng. Enc. of Law, 735; Cooley's Const. Lim. (3rd ed.) 186; Harvey v. Com., 20 Fed. Rep. 417. Warren R. Austin, State's Attorney, for the State. The preservation of fish and game is within the police power of the State. Lawton v. Steele, 152 U. S. 133; Canfield v. U. S., 167 U. S. 518. The difference in the regulations governing resident and nonresident hunters does not amount to an unconstitutional r discrimination, if such classification is a just one. 165 U. S. 165; State v. Hoyt, 71 Vt. 59; State v. Cadigan, 73 Vt. 245. Start, J. The respondent demurs to the information wherein he is charged with the offence of having in his possession two wild deer during the closed season for hunting, and with taking wild deer, contrary to the provisions of No. 94 of the Acts of 1896 as amended by No. 108 of the Acts of 1898, and ...