Cawsey v. Brickey

Citations

• 82 Wash. 653
• 144 P. 938

Syllabus

<p>Statutes — Title and Subjects — Scope. The title to a game code, indicating its broad scope as a complete code regulating the protection and taking of game birds and fish is sufficient to embrace as germane thereto, 3 Rem. & Bal. Code, § 5395-4, authorizing county game commissioners to set aside limited game preserves wherein game shall not be taken within such time as they may fix.</p> <p>Game — Title to — Constitutional Law — Vested Rights — Police Poweb. There being no private right in the citizen to take game, the title being in the state, the state’s right to control or prohibit the taking of game is an inherent incident of the police power; and 3 Rem. & Bal. Code, § 5395-21, to the above effect, is but declaratory of the common law, and therefore does not deprive any one of property rights or vested privileges.</p> <p>Constitutional Law — Class Legislation — Creation of Game Pbeseeves. 3 Rem. & Bal. Code, § 5395-4, providing that the county game commission shall have power to set aside limited game preserves wherein no game bird, animal, or fish can be taken or killed within such times as the commission shall determine, is not unconstitutional as class legislation in that it bears unequally upon persons smilarly situated, since a person having land peculiarly suited for game preserves occupies a different relation to the purpose of the law from others whose lands are not so suited, and the law operates equally on all persons similarly situated.</p> <p>Constitutional Law — Legislative Powebs — Delegation. 3 Rem. & Bal. Code, § 5395-4, providing that the county game commission shall have power to set aside limited game preserves wherein no game bird, animal or fish can be taken or killed within such times as the commission shall determine, is not unconstitutional as an unlawful delegation of legislative power, since the law is a complete law in itself delegating the making of no substantive law, but only the power to determine a fact or condition upon which i