Page 282 - Our Vanishing Wild Life
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260 OUR VANISHING WILD LIFE
no more time to pass a large bill than a small one; and big men prefer to be identified with big measures.
Before you have a bill drawn, advise with men whose opinions are worthhaving. Iftheendyouhaveinmindisagreatandgoodone,go ahead, whether you secure support in advance or not. If the needs of the hour clearly demand the measure, go ahead, even though you start absolutely alone. A good measure never goes far without attracting company.
Drafting a Bill.—As a rule, the members of a legislative body do not have time to draft bills on subjects that are new or strange to them. A short bill is easily prepared by your own representative ; but a lengthy bill, covering a serious reform, is a different matter. Hire a lawyer to draft the bill for you. A really good lawyer will not charge much for drafting a bill that is to benefit the public, and grind no private axe; but if the bill is long, and requires long study, even the good citizen must charge something.
Yourbillmustfullyrecognizeexistinglaws. Itmustbeeitherpro- hibitory or permissive; which means that it can say what shall not be done, or else that which may be done according to law, all other acts beingforbidden. Yourlawyermustdecidewhichformisbest. Formy part, I greatly prefer the prohibitive form, as being the stronger and more impressiveofthetwo. Ithinkitistheprovinceofthelawtoforbidthe destruction of wild life and forests, under penalties.
Penalties.—Every law should provide a penalty for its infringe- ment; but the penalty should not be out of all proportion to the offense. It is just as unwise to impose a fine of one dollar for killing song-birds for foodasitistoprovideforafineofthreehundreddollars. Afinethatis too small fails to impress the prisoner, and it begets contempt for the lawandthecourts! Afinethatisaltogethertoohighisapttobeset asidebythecourtas"excessive." Inmyopinion,thebestfinesforwild life slaughter would be as follows:
Shooting, netting or trapping song-birds, and other non-game birds,eachbird
Killing game birds out of season, each bird Sellinggamecontrarytolaw,eachoffense
Dynamitingfish
Seiningornettinggamefishes Shootingbirdswithunfairweapons Killinganegret,Carolinaparakeetorwhoopingc^ane Killing a mountain sheep or antelope anywhere in the U. S Killing an elk contrary to law
Killing a female deer, or fawn without horns, each offense Trapping a grizzly bear for its skin
$5to $25
10 to 50 100to 200 100to 200
50to 200
10to 100 100to 200 500 50 50 1 00
For killing a man "by mistake," the fine should be $500, payable in five annual instalments, to the court, for the family of the victim.
Whenever fines are not paid, the convicted party should be sentenced to imprisonment at hard labor at the rate of one-half day for each dollar