Ex parte Prindle

Citations

• 7 Cal. Unrep. 223
• 94 P. 871
• 1905 Cal. LEXIS 711

Syllabus

<p>Game—Protection by Local Authorities.—Constitution, article 11, section 11, authorizing any county, city, or town to make and enforce within its limits such local police regulations as are not in conflict with general laws, delegated to the county supervisors, prior to the passage of constitution, amendment, article 4, section 25%, authorizing the legislature to divide the state into game districts, the power to legislate for the complete protection of wild game within the bounds of their respective counties.</p> <p>Game—Construction of Constitution.—Constitution, amendment, article 4, section 25%, authorizing the legislature to provide for the division of the state into fish and game districts and enact appropriate laws for the protection of fish and game therein, is to be construed with other sections of the constitution relative to the uniform application of the laws and the delegation of police power, and in such construction the more specific provision controls the general, without regard to the comparative dates; the different sections operating together, and neither working the repeal of the other.</p> <p>Game.—Constitution, Amendment, Article 4, section 25%, authorizing the legislature to provide for the division of the state into fish and game districts and to enact appropriate laws for the protection of fish and game therein, prevails over earlier conflicting provisions of the constitution; and, while laws previously in force continue in force until substituted by new legislation, legislation subsequently adopted must be in harmony with the amendment.</p> <p>Game—Mandatory Provisions of Constitution—“May.”—Consti-, tution, article 4, section 25%, providing that the legislature “may” provide for the division of the state into fish and game districts and “may” enact appropriate legislation for the protection of fish and game therein, is mandatory, and commands the legislature to enact necessary legislation touching the care and custody of game with refere