Commonwealth v. Immel

Citations

• 33 Pa. Super. 388
• 1907 Pa. Super. LEXIS 312

Syllabus

<p>Fish laws — Pollution of streams — Act of May 29, 1901, sec. 26, P. L. 302.</p> <p>The twenty-sixth section of the Act of May 29, 1901, P. L. 302, provides as follows: “That from and after the passage of this act it shall be unlawful to fish in any waters in this commonwealth with dynamite, nitro-glycerine, torpedoes, electricity, quick-lime, or with-any kind of explosive or poisonous substances; or to place such substances in any waters whatever, except for engineering purposes, when written permission has been given therefor by the proper national, state, city or county official or officials.” Held (1), that the act applied in its prohibition to the deposit in streams of non-explosive substances of a poisonous kind; (2) that the placing of explosive or poisonous substances in a stream need not be directly connected with the catching of fish; (3) that the word “place” did not mean that the poisonous substances must directly pass from the hand into the stream, but contemplated an intentional act proximately connected with the introduction of the poisonous substances into the stream; (4) that in proving the commission of the prohibited act it is not necessary to prove that the accused was impelled thereto by an evil motive to destroy the fish, but he may be convicted by showing that, although engaged in a lawful business, he intentionally discharged poisonous substances employed in his business so that such substances flowed into the stream.</p> <p>Constitutional law — Title of act — Fish law — Act of May 29, 1901, P. L. 302.</p> <p>The title of the Act of May 29, 1901, P. L. 302, is sufficient to cover the prohibition contained in section 26. of the act, forbidding the placing of explosive or poisonous substances in any waters whatever.</p> <p>An owner of a dye works who deposits in a stream poisonous substances which destroy the fish therein, may be convicted and punished for violating the provisions of section 26 of the Act of May 29, 1901, P. L. 302.</p>