State v. Dudley

Citations

• 123 La. 436
• 49 So. 12
• 1909 La. LEXIS 725

Syllabus

<p>1. Shipment op Bieds.</p> <p>Act No. 207, p. 311, of the Legislature of 1908, delegates to police juries the authority to regulate the shipment of birds within state limits.</p> <p>2. Twenty-Five the Limit.</p> <p>Act No. 277, p. 405, of the same legislative session (approved one day after Act No. 207, p. 311), relates to the killing of birds, and refers twice in the text to the shipment of dead birds. This act limits the number of birds one person may kill each calendar day.</p> <p>3. Shipping Bieds as Freight.</p> <p>The police jury sought to exercise its authority by adopting an ordinance regarding the shipment of birds.</p> <p>4. Game (§ 4*) — Shipment op Dead Game— Authority op Police Juey — Private Use.</p> <p>Under the express intention of the statute, all birds are primarily owned by the state. When the statute has been complied with, and the number of birds (25) are killed in one day, they become private property; the owner can dispose of them in accordance with the provisions of the statute (Acts 1908, p. 405, No. 277). After all the provisions of the statute have been complied with, the police jury is without authority to restrict the disposition which can be made of the birds, as authorized by statute.</p> <p>[Ed. Note. — For other cases, see Game, Gent, Dig. § 3; Dec. Dig. § 4.*]</p> <p>Provosty, J., dissenting.</p> <p>(Syllabus by the Court.)</p>