253 P. 918 | Cal. | 1927
Petition for writ of habeas corpus. The petitioner is in the custody of the constable of Sausalito township, county of Marin, under a warrant of arrest issued out of the justices' court of said township upon a complaint charging that on or about the twelfth day of March, 1926, he unlawfully transported and carried crabs from fish and game district number 1 1/2 into the county of Marin, state of California.
Under the authority conferred upon the legislature by section 25 1/2 of article IV of the constitution the state has been divided into some sixty-seven fish and game districts. By section
"For the purposes of this act a live car shall be any box, crate or pen in which live crabs are kept."
The seven districts mentioned in said subdivision (c) are situated in the northwestern part of the state and they form one compact and contiguous body of land and water. No part of the county of Marin is in any of said districts. It is apparent, therefore, that the complaint against petitioner charges a violation of this subdivision (c) of section
Petitioner asserts that by this amendment to the constitution the legislature is given authority to divide the state into fish and game districts and make any other legislation applicable to any one of said districts, but that it has no power to make regulations applicable to two or more of said districts without making the same apply to the state generally. We find nothing in the language of this constitutional provision that would indicate that it should be given such a narrow construction. Neither is petitioner's contention supported by any of the authorities cited in the argument of counsel or in the briefs filed herein. The cases relied upon by petitioner for this purpose, in so far as this state is concerned, are Paladini v.Superior Court,
This section of the constitution is remedial in character and should be given a liberal construction. "It is well settled that a remedial statute must be liberally construed, so as to effectuate its object and purpose. Although due regard will be given the language used, such an act *479 will be construed, when its meaning is doubtful, so as to suppress the mischief at which it is directed, and to advance or extend the remedy provided, and bring within the scope of the law every case which comes clearly within its spirit and policy. Clearly, the remedial effect of provisions should not be impaired by construction, . . ." (23 Cal. Jur. 801.) In construing this section of the constitution the court should consider the subject matter with which it deals in its endeavor to ascertain the true meaning of the language used. As we have already seen, it was the purpose of this amendment to the constitution to take from local authorities the right to regulate the fish and game of the state and to invest such power exclusively in the legislature. In so doing the powers of the legislature to protect the fish and game of the state were increased over those previously entrusted to that body. As we read the section, we think it most apparent that its purpose was to clothe the legislature with ample power to adequately protect the fish and game of the state. This was to be accomplished by authorizing the legislature to divide the state into fish and game districts and to enact such laws for the protection of the fish and game as the legislature might deem appropriate for the respective districts. The fish and game of the state are made up of various kinds and species, differing from each other in so many respects that it would be difficult, if not impossible, to enumerate such differences. On account of this great variety of kind and species it was necessary that the regulations adopted by the legislature for the protection of the fish and game be in some measure commensurate with the various kinds and species of fish and game existing in the different parts of the state. Very often in a given territory there may exist a number of different varieties of fish and game, each requiring special legislation in order that they may be properly protected. It may be necessary on account of the peculiar and varied conditions under which the deer in this district are found to divide the area into a number of different game districts in order to properly protect the deer found therein. On the other hand, the conditions under which the quail in this territory are found appear to be the same in the several parts of this territory. It is necessary, however, on account of the deer therein, to divide *480 this territory into a number of districts. Such a regulation would not be necessary when it comes to the protection of quail, but after the territory has been divided into the several districts for the protection of the deer, there is nothing in this constitutional provision which prevents the legislature from enacting one general regulation as to quail throughout said territory and make it applicable to all the districts therein. In our opinion a reasonable construction of section 25 1/2 of article IV clearly implies that the power to pass such an enactment has been left to the discretion of the legislature.
There are also other considerations which might determine the legislature in the enactment of laws, the purpose of which is to protect the fish and game of the state. One of such considerations is the desire on the part of the legislature to permit the largest use of fish and game compatible with the reasonable protection thereof. The legislature undoubtedly found it necessary to divide the territory comprising the seven districts enumerated in subdivision (c) of section
It is well established in this state that the legislature has most extensive powers over the fish and game within its jurisdiction. As was said by this court in Ex parte Maier,
This language has been frequently referred to with approval (People v. Haagen,
Seawell, J., Richards, J., Shenk, J., Waste, C.J., Preston, J., and Langdon, J., concurred.