American Express Co. v. People

Citations

• 133 Ill. 649
• 24 N.E. 758
• 1890 Ill. LEXIS 1141

Syllabus

<p>1. Game law—preservation of game—constitutionality of the act. The preservation of birds and other game is authorized as a police regulation, and the constitutionality of laws enacted for such object can not be questioned. Any legislation tending to the preservation of game is constitutional.</p> <p>2. Same—hunting and hilling quail■—at what time allowable—and for •what use. The first section of the act to protect game makes it unlawful to hunt or kill quail between the first day of December and the first day of October of each year, but is silent as to October and November. It therefore follows, that a person may hunt or kill quail for his own use and consumption during the last named months,—not, however, for sale, but under the restrictions found in section 2 of the act.</p> <p>3. The person who kills quail at a time this is allowed, has not an absolute property in the dead birds. The ownership of animals and fowls denominated game is in the people of the State, and the person killing the same takes such title or right therein as the legislature may give him, and no more. The law only gives the right to kill for his own use, but no right to sell them or to ship them for sale.</p> <p>4. Same—transportation of game—liability of carrier. Section 2 of the act relating to game, does not prohibit, absolutely, the transportation of quail which have been killed in the State, but only transportation by persons, corporations and carriers knowing the same to have been sold, or knowing that they are to be sold or offered for sale. But any carrier of goods for hire, as, an express company, which transports quail in violation of such prohibition and with such knowledge, will be held amenable to the penalties prescribed in that section.</p>