H 
 
 Laws of Indiana 
 
 RELATING TO THE 
 
 Conservation of Natural 
 Resources 
 
 Including the Laws Relating to Geology, Natural Gas, Entomology, 
 Forestry, Lands and Waters and Fish and Game 
 
 Prepared Under the Supervision of Richard Lieber 
 Director of the Department of Conservation 
 
 >. V^O ' J3 
 
 By Charles Kettleborough, Director of the 
 Legislative Reference Bureau 
 
 INDIANAPOLIS 
 
 1919 
 
 WM. B. BURFORD, CONTRACTOR FOR STATE PRINTING AND BINDING 
 1919 
 
Agric. -Forestry. Main 
 
PREFACE 
 
 This compilation contains all of the laws of the State of 
 Indiana now in force relating to the conservation of natural 
 resources, including the law creating the Department of Con- 
 servation and prescribing its powers and duties, together with 
 the laws governing the departments of Geology, Natural Gas, 
 Entomology, Forestry, Lands and Waters, and Fish and Game, 
 which the Department of Conservation is required to execute 
 and administer. Burns' Annotated Indiana Statutes, Revision 
 of 1914, and the Supplement of 1918 have been used as the 
 basis for the compilation but all laws included therein which 
 are clearly obsolete or are repealed or superseded by the Con- 
 servation Act of 1919 have been eliminated. 
 
 An appendix contains that part of the Migratory Bird 
 Treaty Act which pertains to the .laws of the State of Indiana. 
 Attention is called to the fact that state and federal legisla- 
 tion is not entirely concurrent. 
 
 The laws embodied in this collection are arranged by sub- 
 jects and numbered by compiler's sections in consecutive 
 order. The first number, given in bold face type, is the com- 
 piler's section number; then follows the general descriptive 
 title of the section and this is succeeded by the original num- 
 ber of the section as assigned in the session laws. At the 
 close of each section is given the citation to the page of the 
 session laws where the section is found, and to the correspond- 
 ing section in Burns' Annotated Statutes of 1914 and the Sup- 
 plement of 1918. Words, phrases, clauses and sentences 
 printed in italics have been repealed or superseded by provi- 
 sions of the Conservation Act and words inserted in brackets 
 indicate the correct reading where changes have been effected. 
 Following the sections will be found annotations in smaller 
 type giving the substance of the decisions of the higher courts 
 in construing and interpreting the law. 
 
 RICHARD LIEBER, 
 Director of the Department of Conservation. 
 
 Indianapolis, June, 1919. 
 
 (3) 
 
 491384 
 
DIRECTORY 
 The Department of Conservation 
 
 JAMES P. GOODRICH, Governor. 
 
 CONSERVATION COMMISSION 
 
 W. A. Guthrie, Chairman. 
 
 John W. Holtzman. 
 
 Stanley Coulter. 
 
 Richard M. Holman, Secretary. 
 
 DIRECTOR OF CONSERVATION 
 Richard Lieber. 
 
 DIVISION CHIEFS AND STAFF 
 GEOLOGY 
 
 W. N. Logan, State Geologist. 
 
 B. J. Malott, Assistant State Geologist. 
 
 Arthur J. Coleman, Curator of Museum. 
 
 ENTOMOLOGY 
 
 Frank N. Wallace, State Entomologist. 
 Charles 0. Yost, Chief Inspector Apiaries. 
 
 FORESTRY 
 
 Charles C. Deam, State Forester. 
 
 L. E. Deam, Custodian Forest Reserve. 
 
 LANDS AND WATERS 
 
 Richard Lieber, Superintendent. 
 
 R. P. Luke, Superintendent State Parks. 
 
 FISH AND GAME 
 , Superintendent Fisheries and Game. 
 
 George Berg, Superintendent Hatcheries. 
 
 OFFICES 
 
 Rooms 5-10 Southeast Section Basement, State House, In- 
 dianapolis. 
 
 (4) 
 
PART I 
 DEPARTMENT OF CONSERVATION 
 
 1. Department of Conservation. Section 1. That there 
 shall be and hereby is created an administrative department 
 to be known as the Department of Conservation. (Acts 1919, 
 p. 375.) 
 
 2. Commission, Nomination and Appointment of Mem- 
 bers. Sec. 2. The powers and duties of the Department of 
 Conservation shall be vested in a conservation commission 
 which shall consist of four (4) members who shall be ap- 
 pointed by the Governor, and not more than two (2) of whom 
 shall be adherents of the same political party. Upon the 
 taking effect of this act, the Governor shall appoint the four 
 (4) members of the conservation commission, one (1) of whom 
 shall be designated to hold office for one (1) year, one (1) for 
 two (2) years, one (1) for three (3) years and one (1) for 
 four years, and until their successors have been appointed 
 and qualified: Provided, That at least one (1) member of 
 such commission may be appointed by the Governor from a 
 list of persons nominated by the Indiana Academy of Science, 
 and the successors of such appointee may in like manner be 
 so nominated and appointed. At the expiration of the term 
 of office of each of the commissioners so appointed, and every 
 four (4) years thereafter, the Governor shall appoint a suc- 
 cessor to hold office for the term of four (4) years, and until 
 his successor has been appointed and qualified. The Gov- 
 ernor v shall fill any vacancy occurring in the membership of 
 the commission and may remove any member of the commis- 
 sion after a hearing for cause. The members of the com- 
 mission shall serve without compensation but shall receive 
 their traveling and other necessary expenses when engaged 
 upon their official duties. (Acts 1919, p. 375.) 
 
 3. Director, Salary. Sec. 3. The commission shall ap- 
 point a director w r ho shall be chosen solely for fitness irrespect- 
 ive of political beliefs or affiliations, who shall serve at the 
 pleasure of the commission, who shall be the executive officer 
 
 (5) 
 
:-.::'::::.- '; ..: 6: 
 
 of the department who shall act as chief of one or more of the 
 divisions hereinafter created, and who shall receive a salary of 
 not to exceed four thousand dollars ($4,000.00) annually, to be 
 fixed by the commission, subject to the approval of the Gov- 
 'ernor. The director shall have power, with the approval of 
 the commission, to appoint, and remove for cause, chiefs of 
 divisions, and, upon the recommendation of said chiefs, to ap- 
 point and remove all assistants, inspectors and employees 
 thereof. (Acts 1919, p. 376.) 
 
 4. Duties of Director, Fish and Game Wardens. Sec. 4. 
 The director shall have the supervision of the work of the de- 
 partment and of each of the divisions. He shall have the con- 
 trol of all officers, deputies, inspectors and employees charged 
 with the enforcement of the penal provisions of this act or of 
 the rules and regulations of the commission. He shall have 
 direct charge of the fish and game deputies and wardens in 
 the enforcement of the laws relating to fisheries and game. He 
 may, with the approval of the commission, co-operate with any 
 other department of the state government in the enforcement 
 of law, and to that end may assign deputies to aid such de- 
 partment in making inspections and in the prevention or de- 
 tection of crime and may receive like assistance from the 
 deputies of any other state department. Whenever deputies 
 or employees of one department are assigned to another de- 
 partment, such deputies or employees shall be paid from the 
 funds of the department to which they are assigned. (Acts 
 1919, p. 376.) 
 
 5. Chiefs of Divisions and Assistants. Sec. 5. Chiefs of 
 divisions, and all assistants, inspectors and employees, shall 
 be chosen solely for fitness for the position, professional or 
 practical, as the nature of the position shall demand, irrespect- 
 ive of political beliefs or affiliations, which fitness may be de- 
 termined by examination or otherwise, as the commission shall 
 determine. They shall each receive a compensation to be de- 
 termined by the commission, upon the recommendation of the 
 director, subject to the approval of the Governor. (Acts 
 1919, p. 376.) 
 
 6. Election of Officers, Rules and Regulations. Sec. 6. 
 Immediately upon the taking effect of this act and the ap- 
 pointment of the commission, and annually thereafter, the 
 
commission shall meet and organize by the election of one (1) 
 of its members as chairman, who shall hold office for one (1) 
 year. Three (3) members shall constitute a quorum to do 
 business. The commission shall have power to make rules and 
 regulations for the conduct of its meetings, and, upon the 
 recommendation of the director of the department, for the 
 conduct of the work of the department, and its several divi- 
 sions. The commission may make rules and regulations 
 authorized by this act and such others as may be necessary 
 in their judgment to carry out its provisions, and such rules 
 and regulations, when approved by the Governor, and promul- 
 gated as hereinafter provided, shall have the force and effect 
 of law, and any person, firm or corporation who shall violate 
 any of the provisions of such rules or regulations shall be sub- 
 ject to a fine of not less than ten dollars ($10) nor more than 
 three hundred dollars ($300) for each offense, to which may 
 be added imprisonment in the county jail for not less than 
 thirty (30) days nor more than six (6) months. In issuing 
 such rules, the conservation commission shall have full author- 
 ity to prescribe reasonable fees for any inspection or other like 
 service within* the purview of this act, and performed by the 
 commission or any of its assistants or employees. All such 
 rules and regulations issued by the conservation commission 
 shall bear the seal of the commission and be attested by the 
 director and signed by the Governor, and shall state specifically 
 therein the date on which such rules and regulations shall be 
 promulgated by the conservation commission by publishing 
 the same in pamphlet or leaf form and supplying at least 
 twelve (12) copies thereof to the clerk of the circuit court of 
 every county in the state, not less than ten (10) days prior to 
 the date on which such rules and regulations will become ef- 
 fective. (Acts 1919, p. 377.) 
 
 7. Powers of the Department. Sec. 7. The Department 
 of Conservation shall have power to investigate, compile and 
 disseminate information and make recommendations concern- 
 ing the natural resources of the state and their conservation ; 
 including the drainage and reclamation of lands ; flood preven- 
 tion ; development of water power ; culture and preservation of 
 forests ; fish and game ; the preservation of soils ; the pre- 
 vention of the waste mineral resources; the prevention and 
 
 * Note. Through an error in transcribing, the law as passed reads "without." 
 
8 
 
 methods of control or [of] plant diseases, infections and pests ; 
 the prevention and methods of control of bee diseases and the 
 increased production of honey and the use of bee appliances; 
 and such other questions or subjects as may be contemplated 
 in this act; and shall have power to co-operate with the ap- 
 propriate departments of the federal government in conduct- 
 ing topographical and other surveys, experiments or work of 
 joint interest to the state and the federal government. (Acts 
 1919, p. 378.) 
 
 8. Co-operation with Public or Private Institutions. Sec. 
 8. The Department of Conservation shall have the right to 
 co-operate with any public or private institution or with indi- 
 viduals, societies or associations of individuals in making scien- 
 tific investigations, compiling reports or otherwise in such 
 manner and to such extent as the commission in its discretion 
 may deem necessary or advantageous in carrying out the pur- 
 pose of this act. (Acts 1919, p. 378.) 
 
 9. Power to Administer Oaths and Examine Records. 
 
 Sec. 9. Each of the members of the conservation commission 
 and each of the chiefs of divisions of the department of conser- 
 vation, shall have the power to administer oaths, and to certify 
 to official acts. The conservation commission, and each of the 
 chiefs of divisions of the department of conservation, shall 
 have the power to require information for any lawful purpose 
 under this act from public officers, corporations, associations 
 and individuals; to issue subpoenas, to require the attend- 
 ance of witnesses; to examine witnesses under oath; to re- 
 quire the production of books, accounts, papers, records, docu- 
 ments and testimony, for any lawful purpose under this act. In 
 case of disobedience on the part of any person or persons to 
 comply with any lawful order of the commission, or of any 
 member of the commission, or of any chief of division, or 
 any lawful subpoena, or on the refusal of any witness to test- 
 ify to any matter regarding which he may be lawfully in- 
 terrogated before the commission, or by any member of the 
 commission, or by any chief of division, it shall be the duty 
 of the circuit court or superior court of any county, or the 
 judge thereof, having jurisdiction of the person or persons 
 on application of the conservation commission, or of any mem- 
 ber of the conservation commission, or of any chief of divi- 
 sion, whose order or subpoena has been disobeyed, to compel 
 
9 
 
 obedience to the requirements of the subpoena, to compel 
 obedience to the order of the conservation commission, or of 
 the member, or of the chief of division, and to compel the pro- 
 duction of books, accounts, papers, records, documents and 
 testimony, and upon failure, refusal or neglect of any person 
 or persons to comply with the order of the court, or judge 
 thereof, made on the application of the conservation commis- 
 sion, or of the member of the conservation commission, or of 
 a chief of division, as herein provided, such person or per- 
 sons shall be punished for contempt of court. (Acts 1919, p. 
 378.) 
 
 10. Report to the Governor. Sec. 10. The commission 
 shall, on or before the first day of December in each year, pre- 
 sent to the Governor a report of the department which shall 
 contain, in addition to such information and recommendations 
 as the commission shall see fit to include, the reports of the di- 
 rector and of the several divisions of the department. The re- 
 port, or such part or parts thereof as the commission may 
 deem to be of the most general importance, may be published, 
 with the consent of the Governor, and the expense thereof 
 paid out of the appropriation for the board of public printing. 
 The commission shall likewise prepare and submit a condensed 
 annual report of the work of the commission and the several 
 divisions thereof, in such form as the Governor may prescribe, 
 to be incorporated in the Indiana Year Book. (Acts 1919, 
 p. 378.) 
 
 11. Publication of Information. Sec. 11. The commis- 
 sion may in its discretion cause to be prepared such technical 
 and non-technical literature and information relating to mat- 
 ters within the field of work of the department of any divir 
 sion thereof, as they shall deemed [deem] suitable and worthy 
 of publication, and shall disseminate the same through the 
 public press and otherwise, and the same may be published in 
 bulletin form by the commission with the approval of the Gov- 
 ernor, and the same shall be paid for out of any funds appro- 
 priated for the expenses of the department. (Acts 1919, p. 
 379.) 
 
 12. Divisions of Department, and Chiefs. Sec. 12. The 
 Department of Conservation shall consist of the following di- 
 visions : 
 
10 
 
 1. Geology. 
 
 2. Entomology. 
 
 3. Forestry. 
 
 4. Lands and Waters. 
 
 5. Fish and Game. 
 
 The chief of the division of geology shall be known and 
 designated as the State Geologist; the chief of the division 
 of entomology, as the State Entomologist; the chief of the 
 division of forestry, as the State Forester; the chief of the 
 division of lands and waters, as the Superintendent of Lands 
 and Waters; and the chief of the division of fish and game, 
 as the Superintendent of Fisheries and Game. 
 
 Divisions, other than those hereinbefore enumerated, may 
 be created from time to time by the conservation commis- 
 sion, with the approval of the Governor, as the work of the 
 commission develops and as it may be desirable or necessary to 
 differentiate the work of the department. But in the creation 
 of such divisions the commission shall have no authority to 
 exercise any powers and duties not otherwise conferred by 
 the provisions of this act. (Acts 1919, p. 380.) 
 
 13. Chiefs to Have Supervision and Management. Sec. 
 13. The chief of each division, under the direction of the di- 
 rector, shall have immediate supervision and management, 
 and shall be responsible for the work of the division. On 
 or before the fifteenth day of November in each year, he 
 shall make a complete report to the director of his activities 
 during the preceding year, and he shall make such additional 
 reports from time to time as the director may require. (Acts 
 1919, p. 380.) 
 
 14. Power to Execute and Serve Warrants and Processes. 
 
 Sec. 14. Any member of the conservation commission, or the 
 director, or the chief of any division, or any regularly ap- 
 pointed assistant, inspector or employee is hereby authorized 
 and empowered to execute and serve all warrants and 
 processes issued by any justice of the peace or any court 
 having jurisdiction under any of the provisions of this act 
 or under any of the provisions of any act which the conserva- 
 tion commission is by this act empowered to execute and ad- 
 minister, in the same manner as any constable or sheriff may 
 serve and execute such warrant or process and to arrest and 
 detain without a warrant, any person found by them violat- 
 
11 
 
 ing any of the provisions of this act or of any of the provi- 
 sions of any act which the conservation commission is by this 
 act empowered to execute and administer, until a legal war- 
 rant can be obtained. (Acts 1919, p. 381.) 
 
 DIVISION OF GEOLOGY 
 
 15. Geology. Sec. 15. The Department of Conservation 
 shall have the following rights, powers and duties : 
 
 1. It shall continue the geological, scientific and topo- 
 graphic survey of this state and the work of discovering, de- 
 veloping and preserving its natural resources. 
 
 2. It shall recommend and secure the enforcement of laws 
 for the conservation and development of the natural re- 
 sources of the state. 
 
 3. It shall collect and disseminate information concern- 
 ing the agricultural, mining and manufacturing advantages 
 of the state and shall give special attention to the discovery 
 of minerals, stone, clay or other natural substances useful in 
 agriculture, road making, manufacture or the mechanical arts 
 and to the prevention of waste of minerals and mineral prod- 
 ucts and coal. 
 
 4. The commission shall have charge of the state geolog- 
 ical cabinet, museum, apparatus and library, and shall, from 
 time to time, as may be practicable, add specimens thereto. 
 (Acts 1919, p. 381.) 
 
 DIVISION OF ENTOMOLOGY 
 
 16. Entomology. Sec. 16. The Department of Conserva- 
 tion shall have power and it shall be its duty: 
 
 1. To enforce the laws relating to horticulture and bee- 
 keeping. 
 
 2. To inspect orchards, nurseries, nursery stock, fields, 
 fruits and all horticultural and agricultural plants and plant 
 products; all supplies, packing houses, warehouses and other 
 places where fruit or other horticultural and agricultural 
 plants and plant products are packed, stored or shipped, as 
 well as other trees and properties, to ascertain whether the 
 same are infected or infested with any disease or pest in- 
 jurious to fruit, fruit trees or other horticultural or agri- 
 cultural plants, and to compel the owner to disinfect, fumigate 
 or destroy the same and to prevent the spread thereof. 
 
12 
 
 3. To require the disinfection, fumigation or other treat- 
 ment of all trees, ornamental shrubbery, orchards, nurseries 
 and nursery stock, fruit or vegetable packing houses, or any 
 other places infested with any pest, fungi or disease injurious 
 to horticultural or agricultural plants or plant products. 
 
 4. To inspect and examine orchards, fruits, nursery stock, 
 fields and all horticultural and agricultural plants and plant 
 products, at the request of the owner thereof, for the purpose 
 of ascertaining the existence of any disease or pest and to re- 
 port to the applicant the results of such inspection and to 
 prescribe proper remedies or treatment therefor. 
 
 5. To prevent the introduction and spread of diseases or 
 pests injurious to fruits, fruit trees, horticultural and agri- 
 cultural plants and plant products and bees, and to specify the 
 means and methods to be employed for the prevention, sup- 
 pression or control of such diseases or pests. 
 
 6. To formulate rules and regulations for the guidance of 
 inspectors in making inspections and investigations under the 
 provisions of this act. 
 
 7. To examine any apiaries consisting of one (1) or more 
 hives for the purpose of discovering, treating and preventing 
 diseases that may exist among bees, and to destroy all colonies 
 and appliances affected by foul brood and other diseases when- 
 ever in the judgment of the inspector such destruction is 
 necessary, he being sole judge of such necessity; and to make 
 rules and regulations to prevent the spread of bee diseases. 
 
 8. To require all bees to be kept in movable frame hives. 
 
 9. To teach bee keepers how to keep bees in the most 
 approved manner, to hold field or other demonstrations, make 
 exhibits at the state fair, and at other places, and on other 
 occasions in the state. 
 
 10. To regulate all shipments of trees, shrubs, vines, 
 plants or other nursery stock into or within the state. 
 
 11. To require licenses of all dealers and agents engaged 
 in the business of buying or selling trees, shrubs, vines, plants 
 or other nursery stock, and to make such rules and regulations 
 as may be necessary to regulate the same. The cost of such 
 license shall be one dollar ($1) and shall be good for one (1) 
 year from date of issue. 
 
 12. To destroy any infected nursery stock, fruit trees, or 
 other horticultural or agricultural plants, or plant products, 
 
13 
 
 whenever, in the judgment of the commission, the same may 
 be necessary to prevent the spread of plant diseases or pests. 
 
 13. To formulate and enforce necessary quarantine regu- 
 lations, subject to the approval of the Governor. 
 
 14. To prepare, print, post or distribute printed matter 
 relating to fruit, horticultural, floricultural or agricultural 
 plants or plant products and bees and bee-keeping and the dis- 
 eases and pests affecting the same, and make investigations 
 and experiments in regard to bees, bee-keeping and diseases 
 and pests. 
 
 15. To inspect all foreign grown nursery stock shipped 
 into the state, unless the same has been inspected by a state 
 or government inspector. 
 
 16. To issue certificates of inspection to nurseries and 
 dealers or other persons on stock inspected. 
 
 17. To make all necessary rules and regulations for the 
 enforcement of the law relating to horticulture and bee-keep- 
 ing and the prevention of plant diseases and pests. (Acts 
 1919, p. 382.) 
 
 DIVISION OF FORESTRY 
 
 17. Forestry. Sec. 17. The Department of Conserva- 
 tion shall have the~ following powers, duties and authority : 
 
 1. To have the care, custody and control of the forest 
 lands owned by the state/ exclusive of state parks. 
 
 2. To make necessary rules and regulations to secure 
 proper enforcement of the provisions of this act. 
 
 3. To establish, operate and maintain nurseries for the 
 production of trees to be used in reforestation. Such trees 
 may be used to reforest any land owned by the state ^ sup- 
 plied to owners of private land at a price not exceeding cost of 
 production ; or used for planting on public roads or lands under 
 such % terms as may by the department of conservation be 
 deemed to be for the public benefit. 
 
 4. To prepare, print, post or distribute printed matter 
 relating to forestry. 
 
 5. To make investigations or experiments with regard to 
 forestry questions. 
 
 6. Subject to the approval of the Governor, to purchase 
 lands and forests. For the purpose of acquiring lands and 
 forests, the commission may exercise the right of eminent do- 
 main, in the manner hereinafter provided. 
 
14 
 
 7. To receive and accept in the name of the people of the 
 state, by gift or devise, the fee or other estate therein of lands 
 or forests. 
 
 8. To examine the forest lands owned by the state, or 
 by any state institution, for the purpose of advising and co- 
 operating in securing proper forest management of such lands. 
 
 9. To employ with the approval of the authorities having 
 control of any state penal institutions, convicts committed to 
 any penal institution, for the purpose of producing or planting 
 trees, building roads or doing other work in the forests and 
 in clearing, draining or developing lands purchased or acquired 
 by the state for forestry purposes. 
 
 10. To propagate trees and shrubs for the several state 
 institutions or for planting along highways. Any common 
 carrier may transport trees or shrubs grown by the state at 
 a rate less than the established tariff to and from points 
 within the state. 
 
 11. To have the custody of all abstracts of title, papers, 
 contracts or memoranda relating thereto, except original deeds 
 to the state, for any lands purchased or received under the 
 provisions of this section. 
 
 12. To examine private forest lands upon request of the 
 owners thereof, at the expense of such owners, for the pur- 
 pose of advising the owners as to the proper methods of for- 
 est management. (Acts 1919, p. 384.) 
 
 DIVISION OF LANDS AND WATERS 
 
 18. Lands and Waters. Sec. 18. The Department of 
 Conservation shall have the following powers, duties and 
 authority : 
 
 1. To have the care, custody and control of the several 
 preserves and parks owned by the state, other than the state 
 forest reserves. 
 
 2. To make necessary rules and regulations to secure 
 proper enforcement of the provisions of this act. 
 
 3. To prepare, print, post or distribute printed matter re- 
 lating to the state parks and preserves. 
 
 4. Subject to the approval of the Governor, to purchase 
 lands for parks or preserves and scenic and historic places. 
 For the purpose of acquiring lands for parks or preserves and 
 scenic and historic places, the commission may exercise the 
 right of eminent domain, in the manner hereinafter provided. 
 
15 
 
 5. To receive and accept in the name of the people of the 
 state by gift or devise, the fee or other estate therein of lands 
 or scenic or historic places. 
 
 6. To employ, with the approval of the authorities hav- 
 ing control of any state penal institution, the convicts com- 
 mitted to any such penal institution, for the purpose of pro- 
 ducing or planting trees, clearing, improving, repairing, drain- 
 ing or developing lands purchased or acquired by the state for 
 parks or as scenic or historic places. 
 
 7. To have the custody of all abstracts of title, papers, 
 contracts or memoranda relating thereto, except original deeds 
 to the state, for any lands purchased or received for parks 
 or preserves or as scenic or historic purposes under the provi- 
 sions of this section. 
 
 8. To investigate lakes and streams and springs of the 
 state for the purpose of protecting them against impurities 
 or pollution by industrial, municipal or other sewage waste. 
 In cases of existing pollution, it shall make investigation and 
 report on the method of sewage purification and disposal and 
 shall take such steps as it may deem necessary to prevent 
 further pollution, except in such territory in this state where 
 sanitary districts have been created or may hereafter be 
 created under existing law or amendment thereto and to exe- 
 cute the laws of this state and the rules and regulations of 
 the commission issued thereunder, relative to the pollution of 
 lakes, streams and springs. 
 
 9. To have general charge and supervision of the navi- 
 gable streams and water courses of the state within the gov- 
 ernment survey meander lines except otherwise provided in 
 this act. 
 
 10. To issue permits to any person, firm or corporation 
 to take coal, sand or gravel from or under the bed of any 
 navigable stream or water course or from or under the bed of 
 any lake wholly within the state; to fix a reasonable amount 
 per cubic yard or ton which any such person, firm or corpora- 
 tion shall pay for the privilege of taking such coal, sand or 
 gravel; to prescribe the areas within which it shall be unlaw- 
 ful to take coal, sand or gravel ; to fix the dates on which any 
 such person, firm or corporation shall report to the commis- 
 sion the amounts of coal, sand or gravel taken for any previous 
 determinate period of time; to fix the amount of the bond 
 which any such person, firm or corporation shall execute, con- 
 
16 
 
 ditioned for the payment of all sums of money due the state by 
 reason of the taking of such coal, sand or gravel during the 
 year, ending December 31st, in which the permit was issued; 
 to revoke or suspend any such permit at any time for the 
 failure or refusal of any such person, firm or corporation to 
 comply with the provisions of this act or the rules and regula- 
 tions of the commissions issued thereunder; to adopt and pro- 
 mulgate all necessary rules and regulations for the enforce- 
 ment of the laws relating to the taking of coal, sand or gravel 
 from or under the bed of any navigable stream or water course 
 or from or under the bed of any lake within the state. All 
 such rules and regulations of the commission issued under 
 this sub-section, when approved by the Governor shall have 
 the force and effect of law, and any violation thereof shall 
 subject the offender to a fine of not to exceed three hundred 
 dollars ($300) and each day's violation shall be deemed to con- 
 stitute a separate and distinct offense. (Acts 1919, p. 385.) 
 
 DIVISION OF FISH AND GAME 
 
 19. Fish and Game. Sec. 19. The Department of Con- 
 servation shall have power and authority and it shall be its 
 duty: 
 
 1. To examine the various lakes, rivers, streams and 
 water courses in this state and ascertain whether they can be 
 rendered more productive in the supply of fish, and what 
 measures are desirable and expedient to effect this object 
 either in propagating and protecting the fish that at present 
 frequent the same, or in the selection and propagation of other 
 species of fish therein, or both. 
 
 2. To inquire into and test the best modes of the arti- 
 ficial propagation of fish in the various waters of the state, 
 and procure and superintend the procuring of such fish, fish 
 eggs and spawn, as shall be necessary for said waters and the 
 propagation of same therein. 
 
 3. To inquire into the best methods of preserving and 
 propagating the game, game birds and song birds now in 
 the state, and introduce such varieties of game and game 
 birds, foreign to the state, as may be deemed for the best 
 interests of the people of the state. 
 
 4. To take or cause to be taken, any fish or game, in any 
 manner and at any time, for the purposes connected with fish 
 
17 
 
 or game culture, protection, preservation or propagation, or 
 with scientific observation. 
 
 5. To acquire lands or water and build or acquire the 
 necessary equipment for the propagation of fish and game, 
 and to engage in the propagation of such species of fish and 
 game as the commission may determine to be for the best 
 interests of the state. 
 
 6. To see that all laws for the protection of fish and game 
 are enforced, and institute proceedings for the punishment 
 of any person or persons violating said laws within the State 
 of Indiana. 
 
 7. To encourage and assist, in so far as is consistent with 
 this act, the organization and establishment of fish and game 
 protective associations in the several counties of the state, to 
 the end that the work of the conservation department and the 
 laws of the state relating to the propagation and conserva- 
 tion of fish and game may be made more effective. (Acts 
 1919, p. 387.) 
 
 20. Clerks to Report to Department. Sec. 20. Each 
 clerk and appointee authorized by law to issue licenses to hunt 
 or fish shall report to the department on the first day of each 
 and every month, informing them of the number of licenses 
 issued by such clerk or appointee during the preceding month, 
 the names of the licensees and the number of blank licenses 
 remaining in his possession. Such clerks and appointees shall 
 at the time of making such report, remit to the department all 
 moneys collected for such licenses as shall have been issued 
 and the said clerks shall also remit therewith all moneys re- 
 ceived by them from fines or other sources that may be due to 
 the department. Each clerk or appointee shall be entitled to 
 charge for his services the sum of ten cents (lOc) for each 
 license issued by him. Justices of the peace or other officers 
 who shall collect moneys due the department for violation of 
 any of the provisions of the fish and game laws of the state 
 shall promptly remit the same to the department. The de- 
 partment shall on the first day of each month, pay to the audi- 
 tor of state all moneys received by them from all such sources 
 during the preceding month. The Auditor of State shall keep 
 a record of the amounts so received, and shall, upon the re- 
 ceipt of such amounts, turn the same over to the Treasurer of 
 State. The moneys so paid to the Treasurer of State, together 
 
 216367 
 
18 
 
 with such other sums as may be appropriated or set apart for 
 that purpose, shall constitute a fund to be known as the fish 
 and game protective and propagation fund, which shall be 
 used for the purpose of protecting and propagating game, fish 
 and tirds in the state, and paying the salaries and expenses 
 of the fish and game warden deputies: Provided, That the 
 salary of the chief of the division of fish and game and such 
 pro-rata share of the salary of the director of the Conserva- 
 tion Department, of the expenses of the members of the con- 
 servation commission and such general office expenses as the 
 conservation commission may determine shall be paid out of 
 the fish and game protective and propagation fund. (Acts 
 1919, p. 388.) 
 
 21. Regular and Specific Appropriations. Sec. 21. All 
 regular and specific appropriations made for the maintenance 
 and support of the department of geology and natural re- 
 sources, the gas inspection department, the fish and game 
 commissioner, the department of state entomologist and the 
 state board of forestry and unexpended on the taking effect 
 of this act shall -revert to the general fund. The sum of 
 thirty thousand dollars ($30,000) or so much thereof as may 
 be necessary is hereby appropriated to defray the expenses of 
 the department of conservation from the date this- act takes 
 effect up to and including September 30, 1919. All fees as- 
 sessed and collected by any of the foregoing offices and de- 
 partments which are by this act abolished shall be placed at 
 the disposal of the commission to be expended in the man- 
 ner and for the purpose hereinafter enumerated. Beginning 
 with October 1, 1919, the sum of sixty thousand dollars ($60,- 
 000) or so much thereof as may be necessary, is hereby ap- 
 propriated annually out of the state treasury for the use of 
 the department. The amounts received from licenses to hunt 
 or fish and fees for violation of the fish and game laws of the 
 state shall be held in a separate fund known as the fish and 
 game protection and propagation fund, and shall be used by 
 the department for the work of the division of fish and game, 
 and the amount received from licenses to hunt and fish is 
 hereby appropriated for the use of the division of fish and 
 game in the department, and shall be expended by the de- 
 partment for the purpose of protecting and propagating game, 
 fish and birds in the state, and paying the salaries and ex- 
 
19 
 
 penses of the fish and game wardens and deputies. All fines 
 or license fees received by any other division of the depart- 
 ment, together with all money received from fines and license 
 fees by any office or department by this act abolished and 
 placed at the disposal of any division of the department on 
 the taking effect of this act, shall be expended by the depart- 
 ment exclusively for the work of the appropriate division, 
 except as provided in section 20 of this act. (Acts 1919, 
 p. 389.) 
 
 22. Revolving Fund, Surplus to Revert to State. Sec. 22. 
 All funds accruing to the use of any division of the Depart- 
 ment of Conservation, other than regular or specific appropria- 
 tion made by the general assembly, shall be deemed to con- 
 stitute a revolving fund for the use of the respective divisions 
 and no part of such, fund shall revest to the state treasury at 
 the close of any fiscal year until any such revolving fund 
 credited to the use of any division of the department shall 
 reach the amount of fifty thousand dollars ($50,000), in which 
 event all sums in excess of fifty thousand dollars ($50,000) 
 shall revert to the state treasury at the end of each fiscal year 
 and shall be added to the general funds of the state. (Acts 
 1919, p. 389.) 
 
 23. Power of Eminent Domain. Sec. 23. The conserva- 
 tion commission is hereby endowed with the right and power 
 of eminent domain and is hereby authorized to exercise the 
 right and power of eminent domain in so far as the same may 
 be necessary or proper for the carrying out of the provisions 
 of this act. Whenever the conservation commission shall 
 deem it necessary or proper to appropriate any real estate or 
 acquire any right for the carrying out of the provisions of 
 this act, the conservation commission shall adopt an appro- 
 priate resolution setting forth a specific description of the 
 real estate or right deemed by the conservation commission 
 necessary or proper for the carrying out of the provisions of 
 this act, the purpose for which the real estate or right is to be 
 used, and such other facts as are necessary under the law 
 of this state for the proper preparation of a complaint for 
 the condemnation of the said real estate or right, and shall 
 refer such- resolution to the Attorney-General of this state. 
 Thereupon the Attorney-General shall commence in the proper 
 court an action in the name of the State of Indiana on the 
 
20 
 
 relation of the conservation commission for the condemnation 
 of the said real estate or right and shall proceed under the 
 laws of this state providing for condemnation under the power 
 of eminent domain to condemn the said real estate or right for 
 the carrying out of the provisions of this act. 
 
 All expense incurred in conducting condemnation proceed- 
 ings and in acquiring any real estate or rights by condemna- 
 tion for any of the purposes of this act shall be paid out of 
 any funds appropriated or otherwise available for the use of 
 the department of conservation, and not otherwise expended 
 in the work of the Conservation Department as herein pro- 
 vided. (Acts 1919, p. 390.) 
 
 24. Rights and Powers Conferred. Sec. 24. All the 
 rights, powers and duties conferred by law upon the Natural 
 Gas Supervisor, the State Geologist, the State Board of For- 
 estry, the State Forester, the Superintendent of State Forest 
 Reserves, the State Entomologist, the Commissioner of Fish- 
 eries and Game and the State Inspector of Apiaries, in so far 
 as such rights, powers and duties are not inconsistent with 
 the provisions of this act, are hereby transferred to and con- 
 ferred upon the Department of Conservation,, and the office 
 of State Geologist, the Department of Geology and Natural 
 Resources, the office of Supervisor of Natural Gas, the State 
 Board of Forestry, the office of State Forester, the office of 
 Superintendent of State Forest Reserves, the office of State 
 Entomologist, the office of Commissioner of Fisheries and 
 Game and the office of State Inspector of Apiaries, as now 
 provided by law, are hereby abolished. 
 
 All work or proceedings begun under the provisions of any 
 law which the conservation commission is by this act em- 
 powered to execute and administer shall be concluded and de- 
 termined by the conservation commission in accordance with 
 the provisions of such law and nothing contained in this act 
 shall be construed to affect pending litigation growing out of, 
 connected with or based on proceedings had under such laws. 
 (Acts 1919, p. 391.) 
 
 25. Penalty for Obstructing or Hindering Commission. 
 
 Sec. 25. Any person who shall obstruct or hinder any mem- 
 ber of the conservation commission or the director or any 
 chief or regularly appointed assistant or employee in the law- 
 ful discharge of his duties as prescribed in this act shall be 
 
21 
 
 deemed guilty of a misdemeanor and upon conviction thereof 
 shall be fined such an amount as the court in its discretion 
 shall determine not to exceed three hundred dollars ($300). 
 Any person who shall violate any provision of this act where 
 a specific penalty is not provided shall be deemed guilty of a 
 misdemeanor and upon conviction thereof shall be subject to a 
 fine of not less than such an amount as the court in its dis- 
 cretion shall determine not to exceed fifty dollars ($50). (Acts 
 1919, p. 391.) 
 
 26. Concurrent Power to Attorney- General and Prosecut- 
 ing Attorneys. Sec. 26. The Attorney-General is hereby 
 given concurrent power with the several prosecuting attorneys 
 of the State of Indiana, and it is made the duty of both the 
 Attorney-General and the several prosecuting attorneys of In- 
 diana to attend to a rigid enforcement of all of the provisions 
 of this act. (Acts 1919, p. 392.) 
 
 27. Constitutionality of Act. Sec. 27. If the courts 
 should declare any section or provision of this act unconsti- 
 tutional and void, then such decision shall affect only the 
 section or provision so declared unconstitutional and void and 
 shall not affect the validity of any other section or provision 
 of this act. (Acts 1919, p. 392.) 
 
 28. Emergency. Sec. 28. This act shall take effect and 
 be in force from and after April 1, 1919. (Acts 1919, p. 392.) 
 
PART II. 
 NATURAL GAS SUPERVISOR 
 
 29. Natural Gas Supervisor, Duties. Section 1. That 
 the office of Natural Gas Supervisor is hereby established,* 
 and within thirty days after the taking effect of this act 2 the 
 State Geologist of Indiana shall appoint 3 a skilled and suitable 
 person, who has a practical knowledge of geology and natural 
 gas, 4 and who is not directly or indirectly interested in piping 
 or selling natural gas, as Natural Gas Supervisor of the State 
 of Indiana. Such supervisor shall serve for a term of four 
 years, and until his successor is appointed and qualified, and in 
 case of a vacancy occurs in the office of Natural Gas Super- 
 visor from any cause, the State Geologist shall fill said va- 
 cancy by appointment as herein prescribed: 5 Provided, how- 
 ever, The State Geologist shall have power to remove such 
 supervisor at any time for violation or neglect of duty. 6 Such 
 supervisor shall receive an annual salary of twelve hundred 
 dollars, 7 and the further sum of six hundred dollars for travel- 
 ing and other expenses, and an annual appropriation of 
 eighteen hundred dollars is hereby made out of any moneys 
 in the state treasury not otherwise appropriated for the sal- 
 ary and expenses of such supervisor. 8 The State Geologist 
 shall issue' to such Natural Gas Supervisor a certificate of ap- 
 pointment, and said supervisor shall, within ten days there- 
 after, make arid execute a bond in the sum of one thousand 
 dollars, payable to the State of Indiana, with his oath of 
 office endorsed thereon, which bond shall be for the faithful 
 performance of duty, and shall be approved by and filed with 
 the Secretary of State. 9 Such supervisor, when he has quali- 
 
 1 Abolished by Conservation Act, Sec. 24. 
 
 2 Obsolete. 
 
 3 Superseded by Conservation Act, Sec. 3. 
 
 4 For qualifications of employees and inspectors, see Conservation Act, Sec. 5. 
 
 5 Terms of office under the Conservation Act are for indefinite tenure and vacancies 
 are filled as in case of original appointments. See Sec. 3. 
 
 6 Repealed by Conservation Act, Sec. 3. 
 
 7 Repealed by Conservation Act, Sec. 5. 
 
 8 Repealed by Conservation Act, Sec. 21. 
 
 9 The provisions of this section relative to a certificate of appointment, bond and oath 
 have probably not been repealed. 
 
 (22) 
 
23 
 
 fied according to law, shall devote all his time to the business 
 of his office, and he shall work at all times under the direction 
 of the State Geologist. 10 He shall make personal inspection 
 of all the gas wells of the state, so far as practicable, and shall 
 see that every precaution is taken to insure the health and 
 safety of workmen engaged in opening gas wells and laying 
 mains and pipes, and of those who, in any manner, use gas 
 for mechanical, manufacturing, domestic or other purposes. 
 He shall see that all the provisions of law pertaining to the 
 drilling of wells and the piping and consumption of natural 
 gas are faithfully carried out and that the penalties of law 
 are strictly enforced against any person or persons who violate 
 the same, 11 and promptly report all violations of law to the At- 
 torney-General of the State. 12 He shall collect and tabulate in 
 his annual report to the State Geologist, which shall be made 
 on the second Monday in January of each year, and published 
 in the report of the State Geologist, the following facts : The 
 number of gas wells, with location ; a record of the geological 
 strata passed through in drilling wells, depth at which salt 
 water is reached in the various wells, and the height to which 
 it rises ; the volume of gas produced by each well, so far as it 
 can be ascertained, and also the initial or rock pressure of the 
 same; the increase or decrease in pressure of the various 
 wells, so far as it can be ascertained, and also the increase or 
 decrease in volume of gas produced; the number of miles of 
 mains laid for the transportation of gas and capacity and cost 
 of the same ; the amount of capital invested Jn the gas in- 
 dustry and the number of persons employed in the same; the 
 cost of gas as fuel at the various points at which it is used; 
 the amount of capital invested in manufactories located on ac- 
 count of natural gas and the number of the same, together 
 with the amount and kind of products and number of em- 
 ployees, and such other facts and information as the State 
 Geologist 14 may require. (Acts 1891, p. 379. Burns', 1914, 
 Sec. 9056.) 
 
 Power of state to prevent and sue to inhibit the waste of natural gas. Townsenu v. 
 State, 147 Ind. 624, 47 N. E. 19 ; State v. Ohio Oil Co., 150 Ind. 21, 49 N. E. 809 ; Given 
 v. State, 160 Ind. 552, 66 N. E. 750. 
 
 10 Subject, of course, to the director. Conservation Act, Sec. 4. 
 
 11 By Sec. 4 of the Conservation Act, the supervisor works under the supervision of 
 the director in enforcing the penal provisions of the act. 
 
 12 See Conservation Act, Sec. 26. 
 
 13 Nov. 15. See Conservation Act, Sec. 13. 
 
 14 Or the director of the Conservation Department. 
 
24 
 
 30. Duties. Sec. 2. It shall be the duty of the Natural 
 Gas Supervisor to inspect all natural gas pipe lines in this 
 state, at least once in each year, and as often as may be neces- 
 sary, or whenever he may be directed by the State Geologist, 1 
 and he shall have the power to condemn any pipes or portions 
 of lines that he may deem unsafe or dangerous to life or 
 property. And any person or persons using or causing to be 
 used any pipe line or portions thereof after the same has been 
 condemned, shall be guilty of a misdemeanor, and upon con- 
 viction shall be fined in any court having jurisdiction of mis- 
 demeanors in any sum not exceeding one hundred dollars, and 
 any person, or persons, in this State owning natural gas wells 
 or natural gas pipe lines, or who controls the same, who re- 
 fuses to allow the same to be inspected by the Natural Gas 
 Supervisor, upon conviction shall be fined in any sum not ex- 
 ceeding fifty dollars : Provided, further, That whenever any 
 responsible person shall file with such Gas Supervisor 1 an affi- 
 davit charging the owner or owners of such gas plant or wells, 
 or any person using the same, or their employees, with the 
 violation of any of the laws regulating the use of natural gas 
 and particularly specifying the violation complained of, it 
 shall be the duty of such supervisor 2 to examine and inquire 
 into the alleged violation of the law as set forth in the affi- 
 davit, and if he finds the facts as charged it shall be his duty 
 to see that the law is complied with. (Acts 1891, p. 379. 
 Bulks', 1914, Sec. 9057.) 
 
 31. Leakage. Section 1. That it shall be and is hereby 
 made the duty of the Natural Gas Supervisor of the State of 
 Indiana, upon the discovery of any leak in any pipe line for 
 transportation of natural gas, or in any machinery, apparatus, 
 appliance or device used in the regulation or distribution 
 thereof, to forthwith notify, in writing, the owner or superin- 
 tendent of said pipe line, machinery, apparatus, appliance or 
 device, to have the same repaired within two days from the 
 time of receipt of said notice. In case such leak has not been 
 repaired within two days from the time of receiving such 
 notice it shall be the duty of said Natural Gas Supervisor to 
 make such repairs as may in his judgment be necessary to 
 stop said leak; and such Natural Gas Supervisor shall have 
 a lien upon said pipe line and all wells with which the same 
 
 1 Or the director of the Conservation Department. 
 
 2 Or the supervisor under the supervision of the director. 
 
25 
 
 may be connected, for the cost of making such repairs, for the 
 enforcement of which, with all costs of suit, and a reasonable 
 attorney's fee, an action may be maintained by him in any 
 court of competent jurisdiction; and the judgment so obtained 
 shall be collectible without relief from valuation or appraise- 
 ment laws of the state. In case of any pipe line, machinery, 
 apparatus, appliance or device, owned by a corporation, part- 
 nership, or by a non-resident of or absentee from the State 
 of Indiana, the notice herein provided may be served upon 
 any person, in charge of such pipe line. (Acts 1899, p. 83. 
 Burns', 1914, Sec. 9058.) 
 
 Liability of companies for injuries caused by leakage of gas. Mississinewa Co. v. Pat- 
 ton, 129 Ind. 472, 28 N. E. 1113 ; Lebanon Co. v. Leap, 139 Ind. 443, 39 N. E. 57 ; Leb- 
 anon Co. v. Griffin, 139 Ind. 476, 39 N. E. 62 ; McGahan v. Indianapolis Co., 140 Ind. 335, 
 37 N. E. 601 ; Consumers' Co. v. Perrego, 144 Ind. 350, 43 N. E. 306 ; Richmond Co. v. 
 Baker, 146 Ind. 600, 45 N. E. 1049 ; Consumers' Co. v. Corbaley, 14 App. 549, 43 N. E. 
 237 ; Metzger v. Schultz, 16. App. 454, 43 N. E. 886, 45 N. E. 619 ; Logansport Co. v. 
 Coate, 29 App. 299, 64 N. E. 638. 
 
 32. Pipes for Carrying, Pressure. Section 1. That any 
 person or persons, firm, company or corporation, engaged in 
 drilling for, piping, transporting, using or selling natural gas, 
 may transport or conduct the same through sound wrought or 
 castiron casings and pipes tested to at least four hundred 
 pounds pressure to the square inch : Provided, Such gas shall 
 not be transported through pipes at a pressure exceeding three 
 hundred pounds per square inch: Provided, That the pro- 
 visions of 'this act shall not affect the costs in any pending 
 litigation. (Acts 1891, p. 89, as amended, by Acts 1903, p. 
 110. Burns', 1914, Sec. 9060.) 
 
 The legislature has power to regulate the manner of transporting natural gas as pro- 
 vided in this act. Jamieson v. Indiana Co., 128 Ind. 555, 28 N. E. 76. 
 
 Presumptions as to compliance with" law in transporting gas. Indiana Co. v. Jones, 
 14 App. 55, 42 N. E. 487. 
 
 Persons who do not suffer a special injury by the transportation of gas through pipes 
 at a higher pressure than is permitted by statute can not enjoin such transportation. 
 Manufacturers' Gas Co. v. Indiana Gas Co., 155 Ind. 566, 58 N. E. 851, 156 Ind. 679, 69 
 N. E. 169, 60 N\ E. 1080 ; Chicago Ry. Co. v. Indiana Gas Co., 161 Ind. 445, 68 N. E. 
 1008. 
 
 The legislature can not prohibit natural gas from being taken out of the state. State 
 v. Indiana Co., 120 Ind. 575, 22 N. E. 778 ; Manufacturers' Co. v. Indiana Co., 155 Ind. 
 545, 58 N. E. 706. 
 
 Pumping gas through pipes is not prohibited unless the use of such pumps increases 
 the flow of gas from the wells. Richmond Gas Co. v. Enterprise Gas Co., 31 App. 222, 
 66 N. E. 782 ; Consumers' Gas Co. v. American Glass Co., 162 Ind. 393, 68 N. E. 1020. 
 
 Negligence in transporting gas, liability of companies for damages. Lebanon Co. v. 
 Leap, 139 Ind. 443, 39 N. E. 57 ; Lebanon Co. v. Griffin, 139 Ind. 476, 39 N. E. 62 ; 
 Consumers' Co. v. Perrego, 144 Ind. 350, 43 N. E. 306 ; Alexandria Co. v. Irish, 16 App. 
 534, 44 N. E. 680. 
 
 Unusual pressure of gas, liability of company for damages caused. Indiana Gas Co. 
 v. Long, 27 App. 219, 59 N. E. 410. 
 
 Note. Section 2 of the Act of 1891, P. 89, was repealed by the Act of 1908, p. 110. 
 
26 
 
 33. Penalty. Sec. 3. Any person or persons, firm, com- 
 pany or corporation violating any of the provisions of this act 
 shall be fined in any sum not less than one thousand dollars 
 ($1,000) or more than ten thousand dollars ($10,000), and 
 may be enjoined from conveying and transporting natural gas 
 through pipes otherwise than in this act provided : Provided, 
 That nothing in this section shall operate to prevent the use 
 of nitroglycerine or other explosives for shooting any well or 
 wells from which the gas is procured. (Acts 1891, p. 89. 
 
 Burns', 1914, Sec. 9061.) 
 
 
 
 34. Gas Confined in Pipes. Section 1. That it shall be un- 
 lawful for any person, firm or corporation having possession 
 or control of any natural gas or oil well, whether as a con- 
 tractor, owner, lessee, agent or manager, to allow or permit 
 the flow of gas or oil from any such well to escape into the 
 open air, without being confined within such well or proper 
 pipes, or other safe receptacle for a longer period than two 
 (2) days next after gas or oil shall have been struck in such 
 well. And thereafter all such gas or oil shall be safely and 
 securely confined in such well pipes or other safe and proper 
 receptacles. Any person, firm or corporation violating any of 
 the provisions of this section shall be fined in any sum not 
 less than fifty dollars, nor more than two hundred dollars, and 
 for any second or subsequent violation of this section he shall 
 be fined in any sum not less than two hundred dollars ($200) 
 nor more than five hundred dollars. (Acts 1893, p. 300, as 
 amended Acts 1913, p. 66. Burns', 1914, Sec. 9062.) 
 
 This statute is a proper exercise of legislative power. Given v. State, 160 Ind. 552, 
 66 N. E. 750. 
 
 Waste of gas, power of state to prevent. Townsend v. State, 147 Ind. 624, 47 N. E. 
 19 ; State v. Ohio Oil Co., 150 Ind. 21, 49 N. E. 809. 
 
 Persons who fail to comply with the statute requiring natural gas to be confined in 
 wells, and who permit the gas to escape into the open air, are liable for the penalty pre- 
 scribed by the statute. Given v. State, 160 Ind. 552, 66 N. E. 750. 
 
 Persons who negligently permit natural gas or oil to flow from pipes may be liable 
 for all damages that result to the property of other persons by such gas or oil being set 
 on fire. Rock Oil Co. v. Brumbaugh, 59 App. 640, 108 N. E. 260. 
 
 The statute requiring the confining of natural gas in pipes, wells or other receptacles, 
 creates two offenses, and, if a person is charged with one of such offenses, and the evi- 
 dence shows him to be guilty of the other offense, he can not be convicted. Bailey v. 
 State, 163 Ind. 165, 71 N. E. 655. 
 
 Note. Sections 2 and 3 of the Act of 1893,. p. 300, were repealed by the Act of 1903, 
 p. 212. 
 
 35. Civil Liability. Sec. 4. Whenever any person or cor- 
 poration in possession or control of any well in which natural 
 gas or oil has been found shall fail to comply with the provi- 
 
27 
 
 sions of this act, any person or corporation lawfully in posses- 
 sion of lands situate adjacent to or in the vicinity or neighbor- 
 hood of such well may enter upon the lands upon which such 
 well is situate and take possession of such well from which 
 gas or oil is allowed to escape in violation of the provisions of 
 section one of this act, and pack and tube such well and shut 
 in and secure the flow of gas or oil, and maintain a civil ac- 
 tion in any court of competent jurisdiction in this state 
 against the owner, lessee, agent or manager of said well, and 
 each of them jointly and severally to recover the cost and 
 expense of such tubing and packing, together with attorney's 
 fees and costs of suit. This shall be in addition to the pen- 
 alties provided by section three of this act. 1 (Acts 1893, 
 p. 301. Burns', 1914, Sec. 9063.) 
 
 36. Recovery of Expense of Plugging. Sec. 5. When- 
 ever any person or corporation shall abandon or cease to oper- 
 ate any natural gas or oil well, and shall fail to comply with 
 the provisions of section two 1 of this act, any person or cor- 
 poration lawfully in possession of lands adjacent to or in the 
 vicinity or neighborhood of such well may enter upon the 
 lands upon which such well is situated and take possession of 
 such well, and plug and fill the same in the manner provided 
 by section two of this act, 2 and may maintain a civil action 
 in any court of competent jurisdiction of this state against 
 the person, persons or corporations so failing, jointly and 
 severally, to recover the costs and expense of such plugging 
 and filling, together with attorney's fees and costs of suit. 
 This shall be in addition to the penalties provided by section 
 three of this act. 3 (Acts 1893, p. 301. Burns', 1914, Sec. 
 9064.) 
 
 37. Plugging Abandoned Wells. Section 1. That before 
 the casing shall be drawn from any well drilled into gas or 
 oil-bearing rock for the purpose of abandoning the same, it 
 shall be the duty of any person, firm or corporation having 
 the custody of such well, or having charge of removing the 
 casing therefrom for the purpose of abandoning the same, 
 
 1 Section 3 was repealed by the Act of 1903, p. 212 ; and the Act of 1903 was super- 
 seded by the Act of 1909, p. 234, Sections 37-43, below. 
 
 2 Section 2 was repealed by the Act of 1903, p. 212 ; and the Act of 1903 was super- 
 seded by the Act of 1909, p. 234, Sections 37-43, below. 
 
 3 Section 3 was repealed by the Act of 1903, p. 212 ; and the- Act of 1903 was super- 
 seded by the Act of 1909, p. 234, Sections 37-43, below. 
 
28 
 
 at the time of such abandonment, to properly and securely 
 stop and plug each of said wells so abandoned in the following 
 manner : Such hole shall first be solidly filled from the bottom 
 thereof to a point at least twenty-five (25) feet above such 
 gas or oil-bearing rock with sand, gravel or pulverized rock, 
 on the top of which filling shall be seated a dry pine wood plug 
 not less than two (2) feet long and having a diameter of one- 
 fourth of an inch less than the inside diameter of the casing 
 in such well ; above such wooden plug such well shall be solidly 
 filled for at least twenty-five (25) feet with the above men- 
 tioned filling material, immediately above this shall be seated 
 another wooden plug of the same kind and size as above pro- 
 vided, and such well shall again be solidly filled for at least 
 twenty-five (25) feet above said second plug with such filling 
 material. After the casing has been drawn from such well 
 there shall immediately be seated at the point in said well 
 where such casing was seated a cast-iron ball, the diameter of 
 which ball shall be greater than that of the hole below the 
 point where such casing was seated, and above such ball such 
 well shall again be solidly filled with the above mentioned fill- 
 ing material for a distance of fifty (50) feet. Any person, 
 firm or corporation owning or having charge or supervision of 
 any well which has been drilled into gas or oil-bearing rock, 
 or having charge or control of removing the drive pipe or 
 casing from any such well, and from which the drive pipe 
 and casing or the drive pipe alone has been or shall be pulled, 
 leaving therein the tubing, casing, or both, shall give notice 
 to the Natural Gas Supervisor, and under the supervision and 
 direction of said supervisor, or one of his assistants, shall 
 plug such tubing, where such tubing only remains in such 
 well, and shall fill from the bottom up not less than three hun- 
 dred (300) feet with cement and clean sand, one part Port- 
 land cement to four parts of sand, and where the casing and 
 tubing remains in any such well, such well shall be filled on the 
 packer with not less than fifty (50) feet of Portland cement 
 and sand, and if there be no such packer, with not less than 
 one hundred (100) feet of Portland cement and sand in the 
 proportions hereinbefore indicated, and in all cases where the 
 drive pipe and casing or either the drive pipe or casing are 
 removed from any such well and the tubing is left therein said 
 tubing shall be plugged as herein provided, and if any part of 
 the tubing, drilling stem or other substance prevent the plug- 
 
29 
 
 ging of any such well or wells as hereinbefore provided, such 
 well or wells shall be filled to a point within twenty-five (25) 
 feet of the top part of said tubing, drill-stem or substance 
 with sand, gravel or crushed stone, and shall thereupon be 
 filled to a point twenty-five (25) feet above such part of tub- 
 ing, drill-stem or substance with Portland cement and sand, all 
 proportioned as above provided. (Acts 1909, p. 234. Burns', 
 1914, Sec. 9065.) 
 
 38. Notice to Supervisor, Fee. Sec. 2. Any person, firm 
 or corporation, before proceeding to plug any such well so 
 drilled into any gas or oil-bearing rock, or to pull the casing 
 or drive pipe therefrom, shall notify the state Natural Gas 
 Supervisory or one of his authorized assistants, of such in- 
 tention, and the time and place where such plugging is to be 
 done, and it shall be the duty of said Natural Gas Supervisor 
 or his duly authorized assistants to be present in person all 
 the time while such plugging is being done, and the same shall 
 be done under his instructions and supervision and such per- 
 son, firm or corporation so plugging such well shall file, or 
 cause to be filed, in the office of the recorder of the county in 
 which any such well is located, within fifteen days after the 
 same has been plugged, as provided in section one (1) hereof, 
 a written statement of such state Natural Gas Supervisor, 
 or his duly appointed assistant, showing that such well was 
 duly plugged under his personal supervision and instruction 
 and in the manner herein prescribed and required, which 
 statement shall be recorded in the miscellaneous records in the 
 office of such recorder. And for supervising and superin- 
 tending the plugging of any such well said person, firm or 
 corporation plugging such well or having the same done, shall 
 pay in advance of doing any such work or plugging a fee of 
 five dollars ($5.00) to the state Natural Gas Inspector or his 
 assistant, to be by them turned into the state treasury. (Acts 
 1909, p. 235. Burns', 1914, Sec. 9066.) 
 
 39. Assistants to Supervisor, Compensation. Sec. 3. For 
 the purpose of enforcing the provisions of this act and super- 
 vising the plugging of said wells the state Natural Gas In- 
 spector shall appoint such assistants as he may deem neces- 
 sary, who shall receive for their services for such supervi- 
 sion in the plugging of each well the sum of five dollars 
 ($5.00), to be paid by the Treasurer of State each month, 
 
30 
 
 upon a warrant drawn by the Auditor of State, upon a veri- 
 fied statement made by said assistants showing the wells 
 plugged by him during such month, their location, the date 
 when plugged and by whom the fee has been paid, and file 
 the same with the Auditor of State. Such verified statement 
 shall, before any warrant is drawn thereon or therefor, be ap- 
 proved by the state Natural Gas Supervisor, and in no event 
 shall any such assistant be paid any such fee until the same 
 shall have been paid into the treasury of state as herein pro- 
 vided. (Acts 1909, p. 236. Burns', 1914, Sec. 9067.) 
 
 40. Salt Water or Oil, Control. Sec. 4. It shall be the 
 duty of every person, firm or corporation who sinks or main- 
 tains a well to the depth of the oil or salt-bearing strata to 
 prevent the salt water or oil of such well from flowing into 
 fresh water strata of that or any other well. (Acts 1909, 
 p. 237. Burns', 1914, Sec. 9068.) 
 
 41. Fresh Water, Casing Off. Sec. 5. It shall be the 
 duty of any person, firm or corporation sinking a well into 
 any gas or oil-bearing rock, or maintaining the same after it 
 has been sunk, to case off and keep cased off all fresh water 
 from such well until such well has been plugged as herein 
 provided. (Acts 1909, p. 237. Burns', 1914, Sec. 9069.) 
 
 42. Right of Entry and Police Powers. Sec. 6. For the 
 purpose of enforcing the provisions of this act the state Nat- 
 ural Gas Supervisor is hereby authorized and empowered to 
 enter upon any land at any time for the purpose of examining 
 or testing any such well or wells for the purpose of plugging 
 the same, and said Supervisor and his assistants are hereby 
 given police power to arrest persons found violating any of 
 the provisions of this act. (Acts 1909, p. 237. Burns', 1914, 
 Sec. 9070.) 
 
 43. Penalty. Sec. 7. Any person, firm or corporation 
 violating any of the provisions of this act shall, on conviction, 
 be fined in any sum not less than one hundred dollars nor 
 more than one thousand dollars, to which may be added im- 
 prisonment in the county jail not to exceed six months. (Acts 
 1909, p. 237. Burns', 1914, Sec. 9070a.) 
 
PART III 
 STATE ENTOMOLOGIST 
 
 44. Duties, San Jose Scale, Report. Sec. 2. The State 
 Entomologist shall devote his entire time to the discharge of 
 the duties of his office. He shall co-operate with any local 
 horticultural society or individual in the state in any efforts 
 to locate, check or eradicate the San Jose scale or any insect 
 pest injurious to orchard or field crops, or to shade and orna- 
 mental trees. He shall also assist in identifying and combat- 
 ing fungus or other destructive diseases to plant life. 1 In the 
 discharge of his duties he shall go to any part of the state 
 where his services are requested and his duties will permit. 
 He shall, immediately upon taking his office, prepare and cause 
 to be published and from time to time thereafter in pamphlet 
 form, all available information relating to San Jose scale and 
 other injurious plant diseases, with the methods of detecting 
 the same and the modes of treatment. He shall send a copy 
 of, such pamphlet to each township trustee, city clerk, public 
 school teacher, and any other citizen of the state applying for 
 the same for the purpose of informing the people of the his- 
 tory, habits and methods of eradicating injurious insects and 
 plant diseases. He shall make an annual report to the Gov- 
 ernor of the work done by his office and with other matters 
 contained in that report shall be a list of all townships in the 
 state where the San Jose scale is known to exist. 2 (Acts 
 1907, p. 291. Burns', 1914, Sec. 7824.) 
 
 45. Nursery Inspection. Sec. 3. The State Entomologist 
 shall inspect all nurseries in Indiana, where trees, shrubs, 
 vines, plants or other nursery stock are grown and offered 
 for sale, 3 at least once each year, not earlier than June first 
 nor later than October first, at such time as he may elect, and 
 he shall notify in writing the owners of such nurseries, the 
 Secretary of State Board of Agriculture, the Director of the 
 State Experiment Station, and the President of the State 
 
 1 See Conservation Act, Sec. 8 ; and Sec. 16, Sub-Sec. 2, 3 and 4. 
 
 2 Repealed by Conservation Act, Sec. 7, 8, 10, 11 and 13; and Sec. 16, Sub-Sec. 14. 
 Superseded by Conservation Act, Sec. 16, Sub-Sec. 2. 
 
 (31) 
 
32 
 
 Horticultural Society of the presence of any San Jose scale 
 or other injurious insects or fungi on trees, shrubs, vines, 
 plants or other stock of such nurseries, and shall notify in 
 writing the owner of any affected stock that he is required OP 
 or before a certain day to take such measures for the de- 
 struction of such insect or fungus enemies of nursery stock as 
 have been shown to be effectual for this purpose. 1 The said 
 State Entomologist is hereby empowered with the authority 
 to enter upon any premises and examine all trees, plants, 
 shrubs, vines and fruits whatsoever in the discharge of his 
 duties prescribed by law. (Acts 1907, p. 291. Burns', 1914, 
 Sec. 7825.) 
 
 46. Nurserymen, Duties, Penalty. Sec. 5. The owner of 
 any affected nursery stock shall within the times specified 
 take such steps for the destruction of the San Jose scale or 
 other destructively injurious insects and fungus enemies pres- 
 ent as will exterminate the same, and it shall be a misde- 
 meanor to ship or deliver any such stock, punishable by a fine 
 of twenty-five dollars for every such offense, the fine recover- 
 able before a justice of the peace, or by indictment of the 
 grand jury of the county in which the nursery is situated, 
 or of that to which the stock may have been shipped. (Acts 
 1907, p. 291. Burns', 1914, Sec. 7827.) 
 
 47. State Entomologist, Trees and Shrubs, Certificate of 
 Examination. Sec. 6. Whenever a nurseryman, seller of 
 trees, shrubs, vines, plants, or other nursery stock, or any 
 other person who is a resident of this state shall ship or de- 
 liver any such goods, he shall attach to each package so 
 shipped, or delivered, a written, or printed certificate stating 
 that such stock has been examined by the State Entomologist 
 and found to be to the best of his knowledge and belief to 
 be free from San Jose scale or other injurious or destructive 
 insects or fungus enemies. Said certificate shall become 
 invalid on the first day of June following the date of its issue. 
 Failure to attach to each package of nursery stock so shipped 
 or delivered, such certificate, or to furnish a false certificate, 
 or the use of an invalid certificate, shall be deemed a misde- 
 meanor and any person upon conviction thereof shall be fined 
 as is provided in section 9 of this act. Persons desiring to 
 sell or ship nursery stock shall make application in writing 
 before July 1st of each year to the State Entomologist for an 
 
33 
 
 inspection of their stock. Persons failing to comply with this 
 provision shall be liable for extra charges to cover the travel- 
 ing expenses of the inspector. Every person receiving di- 
 rectly or indirectly any nursery stock from foreign countries 
 shall notify the State Entomologist of the arrival of such ship- 
 ment and the contents thereof, name of the consignor, and 
 shall hold such shipment unopened until duly inspected or re- 
 leased by the State Entomologist. In case any infested or in- 
 fected stock is discovered, the shipment shall be subject to 
 destruction or treatment according to the directions of the 
 State Entomologist. (Acts 1907, p. 291, as amended by Acts 
 1915, p. 200. Burns', 1918 S., Sec. 7828.) 
 
 48. Dealers' License. Sec. 2. All dealers within the 
 meaning of this act located either within or without the state, 
 engaged in selling or soliciting orders for nursery stock in this 
 state, shall secure a dealer's license by furnishing a sworn affi- 
 davit that he will buy and sell only stock that has been duly 
 inspected and certified by an official inspector and that he will 
 maintain with the State Entomologist a list of all sources from 
 which he secures his stock. The term "dealer" shall be con- 
 strued to apply to any person, whether he be a grower of nur- 
 sery stock or not, who buys nursery stock for the purpose of 
 reselling or reshipping. (Acts 1915, p. 202. Burns', 1918 S., 
 Sec. 7828a.) 
 
 49. Agents' License. Sec. 3. All agents within the 
 meaning of this act selling nursery stock for any nurseryman 
 or dealer located within the state or outside the state shall be 
 required to secure and carry an agent's license bearing a copy 
 of the certificate held by the principal. Said agent's license 
 shall be issued only by the State Entomologist and to agents 
 authorized by their principal or upon the request of the prin- 
 cipal. The term '"agent" shall be construed and 'applied i*> 
 any person selling nursery stock under the partial or full con- 
 trol of a nurseryman or of a dealer or other agents. This 
 term shall also apply to any persons engaged with a nursery- 
 man, dealer or agent, in handling nursery stock on a co-oper- 
 ative basis. (Acts 1915, p. 202. Burns', 1918 S., Sec. 7828b.) 
 
 50. Licenses to Firms Outside the State. Sec. 4. Nur- 
 serymen, dealers, agents, or other persons whose place of 
 business is outside the state, desiring to sell or solicit orders 
 for nursery stock. in this state, may upon the filing of a certi- 
 
 316367 
 
34 
 
 fied copy of his original state certificate with the State Ento- 
 mologist of this state obtain a license permitting such persons 
 to sell or solicit for nursery stock in this state. (Acts 1915, 
 p. 202. Burns', 1918 S., Sec. 7828c.) 
 
 51. Misrepresentation of Stock. Sec. 5. It shall be un- 
 lawful for any persons to wilfully misrepresent to any other 
 person the grade, character, variety or quality of stock in a 
 nursery or of stock offered for sale by any nurseryman, dealer 
 or agent, or to cause any concealment of stock from inspec- 
 tion, or to withhold any information requested by the State 
 Entomologist for the purpose of preventing the proper en- 
 forcement of this act. Each person selling or soliciting orders 
 for nursery stock in this state, shall, if requested, furnish the 
 State Entomologist with copies of his order forms, contracts 
 and agreements with his customers, which are furnished for 
 the use of agents or customers or both. (Acts 1915, p. 203. 
 Burns', 1918 S., Sec. 7828d.) 
 
 52. Certificate Revoked. Sec. 6. The State Entomologist 
 shall at any time have the power to revoke any certificates or 
 licenses for sufficient cause, including any violation of section 
 5 of this act, or non-conformity with any rule or regulation 
 promulgated under this act. (Acts 1915, p. 203. Burns', 
 1918 S., Sec. 7828e.) 
 
 53. License Fee. Sec. 7. A fee of $1.00 shall be col- 
 lected by the State Entomologist for each dealer's and agent's 
 license issued either to parties or firms within the state or out- 
 side the state, said fees to be deposited monthly with the 
 State Treasurer and become a fund to aid in defraying the ex- 
 penses incidental to regulating dealers and agents and inspect- 
 ing nursery stock received by them, prior to or subsequent 
 to its delivery. 1 (Acts 1915, p. 203. Burns', 1918 S., Sec. 
 7828f.) 
 
 54. Entomologist, Filing of Certificates. Sec. 7. When 
 the State Entomologist examines any trees, shrubs, vines, 
 plants, or other nursery stock in this state, under the supervi- 
 sion of this act, and finds such nursery stock free from San 
 Jose scale or other destructively injurious insects and fungus 
 enemies, he is hereby authorized and directed to make out 
 and deliver in writing, to the owner of such stock a certificate 
 stating that he has inspected such stock and found the same 
 
 1 See Conservation Act, Sec. 16, Sub-Sec. 11. 
 
35 
 
 free from San Jose scale and other destructively injurious in- 
 sects and fungus enemies, and he shall file similar certificates 
 with the secretary of the State Board of Agriculture, the 
 President of the State Horticultural Society, and the director 
 of the State Agricultural Experiment Station, which certif- 
 icates shall at all times be subject to public inspection. (Acts 
 1907, p. 293. Burns', 1914, Sec. 7829.) 
 
 55. Shipments Into State, Certificates. Sec. 8. Every 
 package of trees, shrubs, vines, plants or other nursery stock 
 shipped into the state from another state or shipped within 
 the state from one point to another shall be labeled on the 
 outside with the name of the consignor, the name of the con- 
 signee, and a certificate signed by a state or government in- 
 spector, showing that the contents have been examined by 
 him and that to the. best of his knowledge and belief such 
 stock is free from San Jose scale, or other destructive insects 
 or fungus enemies. (Acts 1907, p. 291, as amended Acts 
 1909, p. 189. Burns', 1914, Sec. 7830.) 
 
 56. Shipments Without Certificates, Penalties. Sec. 9. 
 Whenever any trees, shrubs, vines, plants or other nursery 
 stock are shipped into or within the state without such certif- 
 icate plainly fixed on the outside of the package, box or car 
 containing the same, the fact must be reported within twen- 
 ty-four hours to the State Entomologist, by the agent of the 
 railway, express or steamboat company or other person or 
 persons carrying or receiving the same. And any agent of 
 any railway, express or steamboat company, or other person 
 or persons who shall violate the provisions of this section, 
 shall be deemed guilty of a misdemeanor and upon conviction 
 thereof shall be fined in any sum not less than twenty-five dol- 
 lars ($25.00) nor more than one hundred dollars ($100.00) 
 and costs, or imprisonment in the county jail not less than 
 five (5) nor more than thirty (30) days, or may be so fined 
 and imprisoned in the discretion of the court, and any such 
 fines within the provisions of this act shall be paid over to the 
 state treasury. On notification of the receipt of such uncerti- 
 fied package or packages of trees, shrubs, vines or plants, the 
 State Entomologist shall examine or cause to be examined said 
 package or packages, at the expense of the express, railroad, 
 or steamship companies or other person or persons carrying 
 the same, and if found to be free from injurious insects and 
 
36 
 
 plant diseases he may allow them to pass to their destination, 
 otherwise he shall cause the same to be burned and destroyed. 
 But in no case shall the agent of the railroad or other trans- 
 portation company allow said package or packages to pass out 
 of his possession under penalty until the same has been duly 
 inspected by the State Entomologist or his deputies. (Acts 
 1907, p. 294, as amended by Acts 1909, p. 189. Burns', 1914, 
 Sec. 7831.) 
 
 57. State Inspector of Apiaries. Sec. 4. The State En- 
 tomologist shall be and is hereby constituted State Inspector 
 of Apiaries 1 and as such inspector it shall be his duty to aid 
 and assist in the development and protection of the bee and 
 honey industry in this state, and to adopt and carry out 
 proper measures for the prevention and suppression of con- 
 tagious and infectious diseases among bees. (Acts 1909, p. 
 191. Burns', 1914, Sec. 7832a.) 
 
 58. Powers as to Apiaries. Sec. 5. The State Entomolo- 
 gist shall have full power and authority at his discretion to 
 visit and examine any apiaries for the purpose of discovering 
 whether or not any disease may exist among bees in any part 
 of the state. 1 When notified of the existence or the probable 
 existence of foul brood or other contagious or infectious dis- 
 eases among bees in any apiary in the state he shall visit 
 and examine said apiary so reported, and all other apiaries 
 in the same neighborhood that he may be informed about by 
 diligent inquiry or otherwise, for the purpose of determining 
 whether such disease exists or not. Whenever he shall be 
 satisfied of the existence of foul brood or other diseases in 
 their malignant form in any apiary it shall be his duty to 
 order all colonies so affected, together with all hives occupied 
 by them, and the contents of those hives and all tainted appur- 
 tenances that cannot be disinfected and that might cause the 
 further spread of the disease to be immediately destroyed by 
 fire under his personal supervision and care, but where said 
 entomologist, who shall be the sole judge thereof, shall be 
 satisfied that the disease exists in incipient stages, and is 
 being or may be treated successfully, and he shall have rea- 
 son to believe that it may be entirely cured, then he may in 
 his discretion omit to destroy or order the destruction of the 
 
 1 Abolished by Conservation Act, Sec. 16, Sub-Sec. 7. 
 1 Repealed by Conservation Act, Sec. 16, Sub-Sec. 7. 
 
37 
 
 colonies or hives in which the disease exists. Whenever the 
 disease shall be found to exist and the treatment for the same 
 shall be ordered by the State Entomologist, he shall give to 
 the owner or to the person in charge of the apiary instruc- 
 tions as to the manner of treatment of such apiary, and to 
 see that such treatment be carried out, and should the said 
 owner or person in charge of said apiary refuse or fail to 
 carry out the said instructions to the complete eradication of 
 the disease or the satisfaction of the State Entomologist, he 
 shall destroy or order to be destroyed all said diseased colonies 
 by fire as provided for in case of disease in this malignant 
 form. (Acts 1909, p. 191. Burns', 1914, Sec. 7832b.) 
 
 59. Transfer of Bees. Sec. 6. The State Entomologist 
 shall have full power in his discretion to order any owner, pos- 
 sessor or person having charge of bees dwelling in box hives 
 (having mere boxes without frames), in apiaries where dis- 
 ease exists, to transfer such bees to movable frame hives, 
 within a specified time, and in default of such transfer he 
 shall order destroyed or destroy all such box hives and the 
 bees dwelling therein. 1 (Acts 1909, p. 192. Burns', 1914, 
 Sec. 7832c.) 
 
 60. Right of Entry Into Premises. Sec. 7. The said 
 State Entomologist shall have the right to enter for the per- 
 formance of his duties upon any premises where bees are 
 kept. (Acts 1909, p. 192. Burns', 1914, Sec. 7832d.) 
 
 61. Annual Report. Sec. 8. The State Entomologist 
 shall include in his annual report to the Governor [director 
 of the Department of Conservation] such information in re- 
 gard to the work of the apiary inspection and bee culture as 
 he may deem of importance to the state. (Acts 1909, p. 192. 
 Burns', 1914, Sec. 7832e.) 
 
 62. Diseased Bees or Appliances, Penalty. Sec. 9. Any 
 owner of any apiary where disease exists or any person or 
 persons, company or corporation, who shall sell, barter, or give 
 away, or import into this state, any colony or colonies of bees 
 or appliances infected with disease, or expose to the danger 
 of other bees any comb, honey, bee hives or appliances or 
 things infected with disease, or conceal the fact that disease 
 exists among his or their bees when disease is known to exist, 
 
 1 See Conservation Act, Sec. 16, Sub-Sec. 8. 
 
38 
 
 or refuses to allow the State Entomologist to inspect or treat 
 any apiary or appliances or shall resist, hinder or impede him 
 in any way in the discharge of his duties under the provi- 
 sions of this act, shall be guilty of a misdemeanor and upon 
 conviction shall be fined in any sum not less than $10.00 nor 
 more than $25.00. (Acts 1909, p. 192. Burns', 1914, Sec. 
 7832f.) 
 
 63. Duties to Beekeeper. Sec. 10. Every beekeeper or 
 other person who is aware of the existence of foul brood or 
 other infectious or contagious diseases either in his own apiary 
 or elsewhere shall immediately notify the State Entomologist 
 of the existence of such disease, and in default of so doing shall 
 be guilty of a misdemeanor, and upon conviction shall be fined 
 in any sum not more than $10.00. (Acts 1909, p. 193. Burns', 
 1914, Sec. 7832g.) 
 
 64. Definitions. Sec. 11. Apiaries within the meaning 
 of this act shall be any place where one or more hives, swarms 
 or colonies of bees shall be kept. (Acts 1909, p. 193. Burns', 
 1914, Sec. 7832h.) 
 
 65. Treatment of Trees and Bee Hives. Sec. 12. When- 
 ever, as the result of an official inspection, the State Ento- 
 mologist or any of his deputies shall order the treatment or 
 removal of any trees, vines, shrubs or plants, or shall order the 
 treatment or destruction of any bee hives, frames, or other 
 appurtenances connected with apiculture, he may require that 
 an affidavit shall be filed by the owner or person in charge of 
 the property so affected, in which it shall be stated that the 
 treatment ordered has been carried out to the best of the af- 
 fiant's ability, and that the work has been effective for the 
 purpose prescribed. The State Entomologist is hereby em- 
 powered to prevent the removal or transportation from any 
 private or public place or any area of the state which con- 
 tains dangerously infested or infected plant material of any 
 kind, and also bees or bee appliances infected with disease, for 
 such periods and under such conditions as is in his judgment 
 necessary in order to prevent the further spread of the in- 
 festation or infection, giving such notice thereof either per- 
 sonally, by deputy, or by letter; and during the existence of 
 such order no person shall remove or ship from this area any 
 such plant material, bees or bee appliances as set forth in the 
 order, except by special permit issued by the State Entomolo- 
 
39 
 
 gist. Tn case the owner or person in charge of any infected or 
 infested premises or apiary shall refuse or neglect to carry out 
 the order issued by the State Entomologist within the period 
 of time allowed for the performance of the work, the State 
 Entomologist may proceed to destroy or treat the infested or 
 infected plants or plant material, colonies of bees or bee ap- 
 pliances. The expense thereof shall be certified by the State 
 Entomologist to the county auditor of the county wherein 
 such infested or infected premises, or apiary is situated, and 
 such county auditor shall place the amount so certified upon 
 the tax duplicate, and such amounts shall be collected at the 
 same time and in the same manner that the State and county 
 taxes are collected. The amount of such expense when col- 
 lected shall be paid to the State Treasurer by the county treas- 
 urer of such county -at the time when and in the manner in 
 which he makes his next succeeding semi-annual settlement 
 with the State Treasurer. All amounts so collected and paid 
 into the state treasury shall become a part of the fund used 
 to enforce the provisions of section 8 of this act. (Acts 1909, 
 p. 191, as amended by Acts 1915, p. 203. Burns', 1918 S., Sec. 
 7832L) 
 
 66. Penalty. Sec. 9. Any person violating any section 
 of this act or any rules or regulations promulgated under this 
 act, shall be guilty of a misdemeanor and on conviction thereof 
 shall be fined in the sum of not less than $10.00 nor more 
 than $100.00 for each offense. It shall be the duty of each 
 prosecuting attorney to whpm the State Entomologist or any 
 of his deputies shall present satisfactory evidence of viola- 
 tion of any provisions of this act to prosecute without delay 
 such violations in the proper court. (Acts 1915, p. 205.) 
 
 67. Notice of Disease. Sec. 8. Whenever a nurseryman, 
 agriculturist or fruit grower in this state shall know or have 
 good reason to believe that his trees, shrubs, vines or plants 
 are affected with San Jose scale, yellows, rosette or other 
 destructive insects or fungus enemies, he shall have the priv- 
 ilege and it shall be his duty to notify the State Entomologist, 
 who shall proceed in person or by his assistant to examine 
 the same without delay, and advise the proper remedies for 
 the destruction of such insect or fungus enemies as may be 
 present. In case the owner or owners, or person in control of 
 said affected trees, shrubs, vines or plants do not apply the 
 
40 
 
 proper remedies recommended by said State Entomologist 
 within a certain specified time, the owner or owners, or per- 
 son in control shall be liable to a fine of not more than $25.00 
 or less than $10.00 and costs in the judgment of the court, 
 for every such offense, the fines to be recoverable in the same 
 manner as provided for in section five of this act: 1 Provided, 
 That in case of objection to the findings of the State Ento- 
 mologist an appeal may be taken to the circuit court, whose 
 decision shall be final. Said appeal must be taken within three 
 days and shall operate as a stay of proceedings until it is heard 
 and decided. (Acts 1899, p. 224. Burns', 1914, Sec. 7840.) 
 
 68. Corporation, Horticulture, Diseases Among Trees. 
 
 Section 1. That horticultural and quarantine districts, to be 
 administered by voluntary associations and their duly elected 
 officers, may be organized, under the provisions of this act, 
 for any or all of the following purposes : 
 
 First. To prevent the spread of contagious diseases 
 among fruit, fruit trees and fruit-bearing plants; 
 
 Second. To provide for the prevention, treatment, cure 
 and extirpation of fruit pests and diseases of fruit, fruit trees 
 and fruit-bearing plants; 
 
 Third. To provide for the purchase and maintenance of 
 spraying machines, wagons or other necessary apparatus to 
 adequately spray fruit trees or other fruit-bearing plants and 
 to hire men and teams to perform the required labor, and to 
 incur the necessary expense to carry out the purposes of this 
 act; 
 
 Fourth. To hire experts to inspect the fruit trees and 
 fruit-bearing plants found within such horticultural and 
 quarantine district and to prescribe the proper methods of 
 treatment of any diseases of such trees or plants which may 
 be found to exist. (Acts 1915, p. 557. Burns', 1918 S., Sec. 
 4276a.) 
 
 69. Articles of Association. /Sec. 2. That any number 
 of persons, not less than ten (10) who may be the owners of 
 the land constituting any contiguous area, upon which lands 
 are situated orchards or fruit trees or other fruit-bearing 
 plants, may voluntarily associate themselves together for the 
 
 1 Section 5 of the Act of 1899 provides that the fine is recoverable before a justice of 
 the peace or before a grand jury. Burns' 7837. The remainder of the Act of 1899, being 
 Sections 7833-7843 of Burns' 1914 Revision, was clearly repealed by the Act of 1907. 
 
41 
 
 purpose of organizing a horticultural and quarantine district. 
 The articles of association shall be in writing and shall be 
 signed and acknowledged by each person who "desires to be- 
 come a member of such organization. The articles of associa- 
 tion shall specify: 
 
 First. The corporate name of such association; 
 
 Second. The object of such association, generally; 
 
 Third. The name and residence of each incorporating 
 member; 
 
 Fourth. The term of existence of such association, which 
 in no case shall exceed ten (10) years; 
 
 Fifth. The number of directors who shall manage the 
 affairs of the association. 
 
 Such association shall have no capital stock. The articles 
 of association may be amended at any time such action may 
 be deemed advisable, by supplementary and amended articles, 
 signed and acknowledged by a majority of the members of the 
 association at the time of such amendment, and recorded in 
 the same manner as the original article. (Acts 1915, p. 558. 
 Burns', 1918 S., Sec. 4276b.) 
 
 70. Elections of Directors. Sec. 3. Three (3) or more 
 members of the association may give notice that at a time 
 specified, and at a convenient place named within or near the 
 proposed horticultural and quarantine district, an election will 
 be held for the purpose of choosing directors of the associa- 
 tion to administer the affairs of the horticultural and quaran- 
 tine district. The notice may be published in one newspaper 
 in the county and of general circulation among the members 
 of the association or such notice may be delivered in person. 
 (Acts 1915, p. 558. Burns', 1918 S., Sec. 4276c.) 
 
 71. Term of Office. Sec. 4. On the day and hour and at 
 the place specified in the notices, and if a majority of the 
 members of the association shall be present, such members 
 shall proceed to elect by ballot, three (3) of their number as 
 directors of the association, and such directors shall determine 
 by lot immediately the terms of their office, which shall be re- 
 spectively, one, two and three years, and they shall serve until 
 their successors are elected and qualified. Annually there- 
 after, the directors shall call a meeting of the members of 
 the association, in the manner provided in section three (3) of 
 
42 
 
 this act, and such members shall meet at the time and place 
 fixed by the directors and elect one director who shall hold his 
 office for a term of three (3) years. (Acts 1915, p. 558. 
 Burns', 1918 S., Sec. 4276d.) 
 
 72. Filling Vacancy. Sec. 5. If a vacancy occurs in the 
 office of directors the remaining directors shall fill the vacancy 
 by a pro tern, appointment from among the members of the 
 association, which appointment shall continue until the next 
 annual election. .(Acts 1915, p. 559. Burns', '1918 S., Sec. 
 4276e.) 
 
 73. Articles Filed. Sec. 6. The association shall, either 
 before or after the election of directors, cause their articles 
 of association to be filed in the office of the Secretary of State 
 and shall also cause to be recorded in the recorder's office of 
 each county in which any part of the proposed horticultural 
 and quarantine district may be situated a duplicate 'copy of 
 such articles of association and thereafter such association 
 shall be a body politic and corporate by the name and style 
 so adopted, and shall have and possess all the rights, powers 
 and privileges given to corporations, to sue and be sued, plead 
 and be pleaded, answer and be answered in any court of compe- 
 tent jurisdiction, borrow money and levy assessments upon 
 the owners of the lands, orchards and trees and other fruit- 
 bearing plants situated therein, as hereinafter provided and 
 to rent, lease, purchase, hold, sell and convey such personal 
 property as may be necessary and proper for the purposes and 
 objects of the corporation. A majority of the members of 
 such association shall have the power to adopt by-laws for 
 the government of such horticultural and quarantine district 
 and make such rules as may be necessary to carry the same 
 into force and effect. (Acts 1915, p. 559. Burns', 1918 S., 
 Sec. 4276f.) 
 
 74. Boundary of Quarantine District. Sec. 7. The boun- 
 dary of such horticultural and quarantine district shall coin- 
 cide with a line inclosing the lands owned by the members of 
 the association. Any person who is the owner of lands contigu- 
 ous to such horticultural and quarantine district shall be enti- 
 tled at any time to become a member of the association by 
 signing the articles of association. Horticultural and quaran- 
 tine districts may be increased in size progressively by the 
 
43 
 
 annexation of contigous territory in the manner prescribed 
 in this section, but no such horticultural or quarantine district 
 shall contain in excess of twenty (20) square miles of terri- 
 tory. Contiguous horticultural and quarantine districts may 
 be consolidated if the combined area of the consolidating dis- 
 tricts does not exceed twenty (20) square miles. The ques- 
 tion of consolidation may be submitted to the members of the 
 respective associations at a joint meeting called for that pur- 
 pose and if a majority of those entitled to vote shall be in 
 favor of such consolidation, a new district comprising such 
 districts so consolidated shall be formed and the proper papers 
 and documents shall be filed as prescribed in section six (6) 
 of this act. Directors of the new district may be chosen at the 
 meeting called to determine the question of consolidation 
 or at any subsequent meeting. (Acts 1915, p. 560. Burns', 
 1918 S., Sec. 4276g.) 
 
 75. Members Entitled to Vote. Sec. 8. All persons who 
 have signed the articles of association and have paid the as- 
 sessments levied against them from time to time shall be en- 
 titled to vote at any meeting of the members of the associa- 
 tion on any and all questions which may lawfully come before 
 such association, and each member shall be entitled to one 
 vote on any and all questions. (Acts 1915, p. 560. Burns', 
 1918 S., Sec. 4276h.) 
 
 76. Officers' Duties. Sec. 9. The directors shall elect one 
 of their number president and one secretary. The secretary 
 shall likewise be treasurer of the association and shall have 
 the custody of all the money of the association. He shall be 
 required to execute a bond with good freehold surety for 
 double the amount of money which will probably come into 
 his hands at any time during his term of office. The secre- 
 tary shall keep a record of the transactions of the association, 
 including brief minutes of all meetings, the results of the vari- 
 ous elections, an itemized account of all receipts and expendi- 
 tures, and such secretary shall present a report of all such 
 transactions to the members of the association at their annual 
 meeting. (Acts 1915, p. 560. Burns', 1918 S., Sec. 4276L) 
 
 77. Warrants. Sec. 10. No money shall be drawn from 
 the treasury of such association except upon the order of a 
 majority of the board of directors and all warrants drawn 
 
44 
 
 shall be signed by the president of the board of directors and 
 attested by the treasurer. (Acts 1915, p. 561. Burns', 1918 
 S., Sec. 4276J.) 
 
 78. Meetings Called. Sec. 11. A majority of the board 
 of directors, or any five (5) members of the association, may 
 call a special meeting of the members of the association at 
 any time. A majority of the members shall constitute a 
 quorum to transact ordinary business not required by law 
 to be transacted at the regular meeting prescribed by law. 
 (Acts 1915, p. 561, Burns', 1918 S., Sec. 4276k.) 
 
 79. Purposes of Corporation. Sec. 12. The board of di- 
 rectors of any association shall administer the affairs of such 
 association under the provision of this act, for any or all of 
 the following purposes: 
 
 First. To prevent the spread of contagious diseases among 
 fruit, fruit trees, and fruit-bearing plants ; 
 
 Second. To provide for the prevention, treatment, cure 
 and extirpation of fruit pests and diseases of fruit and fruit- 
 bearing plants ; 
 
 Third. To provide for the purchase and maintenance of 
 spraying machines, wagons, or other necessary apparatus, to 
 adequately spray fruit trees or other fruit-bearing plants, 
 and to hire men and teams to perform the required labor, 
 and to incur the necessary expense to carry out the purposes 
 of this act; 
 
 Fourth. To hire experts to inspect fruit trees and fruit- 
 bearing plants found within such horticultural and quarantine 
 district and to prescribe the proper methods of treatment of 
 any diseases of such trees or plants which may be found to 
 exist ; 
 
 Fifth. To levy such assessments on the members from 
 time to time as may carry out the provisions of this act and 
 the purposes of such association; 
 
 Sixth. To actively co-operate with the State Entomolo- 
 gist and the county agents in precautionary measures to pre- 
 vent the spread of injurious insects and plant diseases within 
 the district; 
 
 Seventh. To advise, direct and encourage the activities of 
 the association. 
 
 The board of directors of any association may hire experts 
 to inspect fruit trees and fruit-bearing plants, and to pre- 
 
45 
 
 scribe the proper methods of treatment of any diseases of 
 such trees or plants which may be found to exist, if directed 
 to do so by the majority of vote of the members taken at any 
 special or regular meeting. (Acts 1915, p. 561. Burns', 1918 
 S., Sec. 42761.) 
 
 80. State Entomologist, Co-operation. Sec. 13. The 
 State Entomologist shall co-operate with any horticultural or 
 quarantine association in the state in any efforts to prevent, 
 locate, check, or eradicate any injurious insects or fruit dis- 
 ease. He shall from time to time, or upon request, send all 
 available information relating to injurious insects and plant 
 diseases with the methods of detecting the same and the 
 modes of treatment, to the board of directors of any horti- 
 cultural or quarantine association. (Acts 1915, p. 561. 
 Burns', 1918 S., Sec. 4276m.) 
 
 81. County Agents Ex-Officio Deputy. Sec. 14. In 
 counties having a county agent, the county agent shall be ex- 
 officio deputy state entomologist for such county; he shall 
 be authorized and required to carry out the instructions of 
 the State Entomologist; and shall under the direction of the 
 State Entomologist, co-operate with any local horticultural 
 association or society in any efforts to prevent, locate, check, 
 or eradicate any injurious insects or fruit diseases. He shall 
 receive no additional compensation for the performance of 
 such duties. (Acts 1915, p. 562. Burns', 1918 S., Sec. 
 4276n.) 
 
 82. Members Assessed. Sec. 15. For the purpose of 
 raising money necessary to meet the expenses of horticultural 
 and quarantine associations, the board of directors shall assess 
 the individual members of the association in proportion to 
 the service derived, procured, or otherwise obtained from 
 such association, on the basis of the acreage, or number of 
 trees, plants, vines, or other herbaceous plants in such equit- 
 able proportion as such aforesaid directors may deem just. 
 (Acts 1915, p. 562. Burns', 1918 S., Sec. 4276o.) 
 
PART IV 
 STATE FORESTER 
 
 83. Funds State Forest Reservation and Bond. Sec. 4. 
 The secretary of the board [State Forester] shall receive all 
 money to which the state may be entitled by reason of the 
 sale of any timber, leases, contracts for the mining and re- 
 moval of minerals or from any source whatever from such 
 land, and he shall immediately pay the same over to the State 
 Treasurer as a part of the revenues of the state, and the sec- 
 retary [State Forester] shall give his bond, to the Governor 
 of the state, in the sum of five thousand dollars for the faith- 
 ful discharge of his duty. 1 (Acts 1903, p. 132. Burns', 
 1914, Sec. 7459.) 
 
 84. Rights of Way. Section 1. That the State Board of 
 Forestry [conservation commission] shall have the right to 
 grant and convey by deed rights of way to electric and steam 
 railroads and to telegraph and telephone companies to con- 
 struct and operate their lines across the lands of the Indiana 
 state forest reservation, laboratory of forestry demonstration 
 and state nurseries. (Acts 1907, p. 81. Burns', 1914, Sec. 
 7460.) 
 
 85. Approval. Sec. 2. The terms and conditions upon 
 which such rights of way are granted and conveyed by deed 
 shall be submitted to and approved by the Governor, the At- 
 torney-General and the Auditor of State, before the same shall 
 become operative or possession taken thereunder. (Acts 
 1907, p. 81. Burns', 1914, Sec. 7461.) 
 
 86. Arbor Day. Section 1. That for the purpose of en- 
 couraging the planting of shade and forest trees, shrubs and 
 vines, the third Friday of April in each year is hereby desig- 
 nated as a day for general observance and to be known as 
 Arbor Day. (Acts 1913, p. 422. Burns', 1914, Sec. 7461a.) 
 
 87. Proclamation. Sec. 2. The Governor shall make 
 proclamation of said day in each year at least thirty days 
 prior thereto. (Acts 1913, p. 422. Burns', 1914, Sec. 7461b.) 
 
 1 The provision requiring the state forester to give bond is probably still in force. 
 
 (46; 
 
47 
 
 88. School Exercises. Sec. 3. Appropriate exercises 
 shall be introduced in all the schools of the state; and it shall 
 be the duty of the several county and city superintendents to 
 prepare a program of exercises for that day to be observed 
 in all the schools under their respective jurisdictions. The 
 exercises on Arbor Day shall give due honor to the conservors 
 of forestry, and the founders of the study and conservation 
 of Indiana forestry. And especially to the leading spirit of 
 Indiana forestry conservation, Charles Warren Fairbanks. 
 (Acts 1913, p. 422. Burns', 1914, Sec. 7461c.) 
 
PART V 
 FISH AND GAME 
 
 89. Traps and Deadfalls. Section 1. No person shall 
 trap or set any steel trap or deadfall on the land of another 
 person without the written consent of the occupant, owner 
 or lessee of said land, and without at the time of said trap- 
 ping or setting of said steel trap or deadfall, he has in his pos- 
 session said written consent and exhibits to any one demand- 
 ing to examine it: Provided further, That any person set- 
 ting or placing a steel trap on the lands of another person 
 shall set or place such steel trap eighteen (18) or more inches 
 within the entrance of said hole, cave or hollow log, so as to 
 be inaccessible to domestic animals, dogs or fowls: Provided 
 further, That any person setting or placing any steel trap or 
 deadfall on the land of another person shall inspect the same 
 within each thirty-six (36) hours thereafter, and shall remove 
 therefrom any animal or fowl caught therein: Provided, 
 further, That any person finding any of the devices mentioned 
 in this section set or placed contrary to the provisions of this 
 act, may seize and destroy all devices so found. Any person 
 violating any of the provisions of this section, or any part 
 thereof, shall be deemed guilty of a misdemeanor, and upon 
 conviction of the same, shall be fined in any sum not less than 
 five ($5.00) dollars, nor more than fifty ($50.00) dollars for 
 each offense, to which may be added imprisonment in the 
 county jail not exceeding thirty (30) days. (Acts 1917, p. 
 438. Burns', 1918 S., Sec. 2511a.) 
 
 90. Separate Offense. Sec. 2. The setting of each sepa- 
 rate steel trap or deadfall contrary to the provisions of sec- 
 tion one of this act, shall constitute and be deemed a separate 
 offense, and shall be punished accordingly, and two or more 
 offenses may be joined in the same affidavit or indictment 
 therefor, and the person so offending, if convicted, shall be 
 punished as provided in section one (1) of this act. (Acts 
 1917, p. 439. Burns', 1918 S., Sec. 2511b.) 
 
 91. Evidence of Violation. Sec. 3. The catching of any 
 domestic animal, dog or fowl, in any steel trap shall be prima 
 
 (48) 
 
49 
 
 facie evidence, that said steel trap was placed and set con- 
 trary to the provisions of section one of this act, and of guilt 
 under said section of this act. (Acts 1917, p. 439. Burns', 
 1918 S., Sec. 2511c.) 
 
 92. Closed Season. Sec. 4. No person shall take, trap, 
 shoot or kill any beaver, raccoon, fox, otter, opossum or skunk 
 in the State of Indiana from the second day of February, to 
 the twentieth day of November of any year: Provided, how- 
 ever, That when any of the animals mentioned in this sec- 
 tion, are found injuring or doing damage to or destroying -any 
 property, the person whose property is being injured, dam- 
 aged or destroyed, may at any time kill them on his own 
 premises when necessary for the protection of his own prop- 
 erty. Any person violating this section, or any of the pro- 
 visions thereof, shall be deemed guilty of a misdemeanor, and 
 shall upon the conviction thereof, be fined in any sum not less 
 than five ($5.00) dollars, nor more than fifty ($50.00) dollars 
 for each offense, to which may be added imprisonment in the 
 county jail not to exceed thirty (30) days. (Acts 1917, p. 
 439. Burns', 1918 S., Sec. 2511d.) 
 
 93. Penalty. Sec. 5. The taking, trapping, shooting or 
 killing of any of said animals contrary to the provisions of 
 section four of this act, shall be punished as herein provided, 
 and two or more offenses may be joined in the same affidavit 
 or indictment therefor, and the person so offending, if con- 
 victed, shall be fined and punished for each offense, as pro- 
 vided in section four (4) of this act. (Acts 1917, p. 440. 
 Burns', 1918 S., Sec. 2511e.) 
 
 94. Possession of Animal. Sec. 6. The having in posses- 
 sion of any of the animals mentioned in section four, or the 
 freshly skinned hide or fur thereof, between the second day 
 of February and the twentieth day of November of any year, 
 shall be prima facie evidence of guilt under section four of 
 this act: Provided, That nothing in this act shall be con- 
 strued to prohibit the having in possession of any of the ani- 
 mals mentioned herein for breeding purposes. (Acts 1917, 
 p. 440. Burns', 1918 S., Sec. 2511f.) 
 
 95. Hunting with Ferrets Prohibited. Section 1. It 
 shall be unlawful for any person to hunt, attempt to hunt, 
 catch or in any manner take any rabbit or other species of 
 
 416367 
 
50 
 
 game anywhere in this state with or by means of any ferret 
 at any time. (Acts 1913, p. 17. Burns', 19l4, Sec. 2511a.) 
 
 96. Penalty. Sec. 2. Whoever shall violate or attempt 
 to violate the provisions of section one (1) of this act shall be 
 deemed guilty of a misdemeanor and upon conviction thereof 
 shall be fined not less than ten dollars ($10.00) nor more than 
 twenty-five dollars ($25.00) for each offense. (Acts 1913, p. 
 17. Burns', 1914, Sec. 2511b.) 
 
 97. Hunting with Searchlight. Section 1. That it shall 
 be unlawful for any person to hunt, or attempt to hunt, by 
 means of any searchlight or other artificial light attached to 
 an automobile, any species of game upon any highway or 
 within one hundred fifty yards on either side of said highway 
 anywhere in the State of Indiana. (Acts 1915, p. 111. 
 Burns', 1918 S., Sec. 2511g.) 
 
 98. Shooting on Public Highways. Sec. 2. It shall be 
 unlawful for any person to shoot, or cause to be shot, any 
 firearm of any description across, along or upon any public 
 highway in the State of Indiana, except officers of the law 
 when in discharge of their duty. (Acts 1915, p. 111. 
 Burns', 1918 S., Sec. 2511h.) 
 
 99. Penalty. Sec. 3. Any person who violates any of 
 the provisions of this act shall be deemed guilty of a misde- 
 meanor, and upon conviction, shall be punished by a fine of 
 not less than one dollar ($1.00), nor more than fifty dollars 
 ($50.00), for each and every offense, or imprisonment for not 
 less than ten (10) days nor more than sixty (60) days. (Acts 
 1915, p. 111. Burns', 1918 S., Sec. 2511i.) 
 
 100. Wild Deer, Turkey, Pheasant. Sec. 593. Whoever 
 shoots or destroys or pursues for the purpose of shooting 
 or destroying, or has in his possession, dead or alive, except 
 for breeding purposes, any wild deer, buck, doe or fawn, wild 
 turkey, or any pheasant of any species or kind? killed or bred 
 in this state, shall, on conviction, be fined not less than fifty 
 dollars ($50) nor more than two hundred dollars ($200) for 
 each wild deer, buck, doe, fawn, wild turkey or pheasant of 
 any species or kind so shot or destroyed, pursued or had in his 
 possession : Provided, That the provisions of this section shall 
 not apply to any person or persons owning or having under 
 
 1 See Sec. 101 below. 
 
51 
 
 his domain or control, any deer, buck,doe, or fawn, bred or 
 raised in any private deer park. (Acts 1905, p. 584, as 
 amended by Acts 1907, p. 385. Burns', 1914, Sec. 2512.) 
 
 Power of states to regulate the killing and transportation of wild game. Geer v. 
 Connecticut, 161 U. S. 519. 
 
 The legislature has power to enact statutes for the protection of wild game. Smith 
 v. State, 155 Ind. 611, 58 N. E. 1044. 
 
 101. Prairie Chickens, Pheasants, Partridges. Section 1. 
 That it shall be unlawful for any person, firm or corporation 
 to hunt, shoot or kill, pursue for the purpose of shooting or 
 killing or have in his possession dead or alive, or to sell or 
 offer for sale, except for breeding purposes, any prairie 
 chicken, any ring-neck Mongolian pheasant, any green Jap- 
 anese pheasant, any copper pheasant or scholmeringer, any 
 tragopan pheasant, silver pheasant, golden pheasant, Hun- 
 garian pheasant, or Hungarian partridge at any time during 
 the year, except that it shall be lawful to hunt, shoot and kill 
 prairie chickens during the period from October fifteenth (15) 
 to November first (1) of any one year: Provided, That dur- 
 ing that period no one person shall be entitled to kill more 
 than five (5) prairie chickens in any one day. (Acts 1915, 
 p. 528. Burns', 1918 S., Sec. 2514a.) 
 
 102. Penalty. Sec. 2. Any person violating the provi- 
 sions of this act shall be deemed guilty of a misdemeanor and 
 on conviction thereof shall be fined in any sum from ten dol- 
 lars ($10) to fifty ($50) dollars. (Acts 1915, p. 528. Burns', 
 1918 S., Sec. 2514b.) 
 
 103. Homing Pigeons. Section 1. That whoever pursues, 
 hunts or kills any homing pigeon shall be deemed guilty of 
 a misdemeanor and on conviction thereof shall be fined in 
 any sum not less than $10.00 nor more than $100, or im- 
 prisonment in the county jail not less than ten days nor 
 more than thirty days, or both, in the discretion of the court. 
 (Acts 1913, p. 57. Burns', 1914, Sec. 2514a.) 
 
 104. Quail, Netting or Trapping. Sec. 594. Whoever 
 nets or traps, or attempts to net or trap any quail; or who- 
 ever has in his possession any net or trap for the purpose of 
 netting or trapping any quail at any time, shall, on convic- 
 tion, be fined not less than ten dollars nor more than fifty dol- 
 lars for each offense. Each act of netting or trapping, or 
 attempting to net or trap quail, or each day's possession of 
 
52 
 
 such net or trap, shall be deemed and held to be a separate 
 and distinct offense and punishable as such. (Acts 1905, p. 
 584. Burns', 1914, Sec. 2515.) 
 
 105. Quail, Season for Hunting. Sec. 8. It shall be un- 
 lawful for any person, firm or corporation to hunt, shoot or 
 kill, pursue for the purpose of shooting or killing, or have in 
 his or its possession, dead or alive, except for breeding pur- 
 poses, and then only by permission of the commissioner 
 [Superintendent] of fisheries and game, any quail or ruffed 
 grouse at any time from the twentieth day of December of 
 any year to the tenth day of November of the following year. 
 Whoever shall violate any of the provisions of this section 
 shall be deemed guilty of a misdemeanor, and upon conviction 
 thereof shall be fined ten dollars ($10.00) for each quail or 
 ruffed grouse so hunted, shot, killed, pursued or possessed. 
 (Acts 1913, p. 368. Burns', 1914, Sec. 2516.) 
 
 106. Quail, Bag Limit. Sec. 596. Whoever shoots, kills, 
 or has in his possession more than fifteen quail in any one day 
 between the tenth day of November of any year and the first 
 day of January of the succeeding year, 1 shall be deemed 
 guilty of a misdemeanor, and upon conviction thereof shall 
 be fined ten dollars for each quail so shot, killed or possessed 
 in excess of fifteen: Provided, That any person having 
 hunted three days or more in succession may have a total 
 of not to exceed forty-five quail, killed by himself during 
 such hunt. (Acts 1905, p. 584, as amended by Acts 1907, p. 
 378. Burns', 1914, Sec. 2517.) 
 
 107. Quail, Selling. Sec. 577. Whoever sells, or offers 
 for sale, directly or indirectly, at any time, any quail, shall, 
 on conviction, be fined ten dollars for each quail sold or of- 
 fered for sale. (Acts 1905, p. 584. Burns', 1914, Sec. 2518.) 
 
 Persons may be convicted of having unlawful possession of game, although when such 
 game came into their possession it was not unlawful to receive the same. Smith v. State, 
 155 Ind. 611, 58 N. E. 1044. 
 
 108. Geese, Ducks and Brant. Sec. 598. Whoever 
 shoots or kills, or pursues for the purpose of shooting or 
 killing or whoever has in his possession any wild goose, wild 
 duck, brant or other waterfowl at any time from the fif- 
 teenth day of April of any year to the first day of September 
 
 1 These dates were fixed by the Act of 1913, Sec. 105 above from Dec. 20th to Nov. 
 10th. 
 
53 
 
 of the same year, or whoever at any time between sunset 
 of any day and sunrise of the succeeding day shoots, kills, 
 pursues for the purpose of shooting or killing any wild goose, 
 wild duck, brant or other waterfowl or whoever at any time 
 pursues any wild goose, wild duck, brant or other waterfowl 
 with or by means of a naphtha, electric or steam launch or 
 boat, or any other kind of boat except a row boat or push 
 boat, shall be deemed guilty of a misdemeanor and upon con- 
 viction thereof shall be fined ten dollars ($10) for each wild 
 goose, wild duck, brant or other waterfowl so shot, killed, pos- 
 sessed or pursued. 1 (Acts 1905, p. 584 as amended by Acts 
 1909, p. 327. Burns', 1914, Sec. 2519.) 
 
 109. Wild Ducks, Geese, Brant, Etc., Bag Limit. Sec. 
 599. Whoever shoots or kills, or whoever has in his posses- 
 sion more than fifteen wild ducks, wild geese, brant, or water- 
 fowl in any one day at any time from the first day of Septem- 
 ber of any year to the fifteenth day of April of the succeed- 
 ing year, shall be deemed guilty of a misdemeanor, and upon 
 conviction thereof shall be fined ten dollars for each wild 
 goose, wild duck, brant or other waterfowl so shot, killed or 
 possessed in excess of fifteen (15) : Provided, That any per- 
 son having hunted three days or more in succession may have 
 a total of not to exceed forty-five (45) wild geese, wild ducks, 
 brant or other waterfowl killed by himself during such hunt. 2 
 (Acts 1905, 584 as amended by Acts 1909, p. 327. Burns', 
 1914, Sec. 2520.) 
 
 110. Squirrels, Closed Season. Sec. 601. Whoever 
 shoots or destroys, or pursues for the purpose of shooting or 
 destroying, or has in his possession any wild squirrel, from 
 the first day of December of any year to the first day of 
 August of the succeeding year, shall, on conviction, be fined 
 ten dollars ($10) for each squirrel so shot, destroyed, pursued 
 or had in his possession. (Acts 1905, p. 584, as amended by 
 Acts 1907, p. 136 and Acts 1917, p. 140. Burns', 1918 S., Sec. 
 2521.) 
 
 111. Squirrels in Public Parks. Section 1. That it shall 
 be unlawful for any person in the State of Indiana to take, 
 kill, or shoot at, or in any manner disturb any squirrel in any 
 public park or state grounds, or within one-half mile thereof, 
 
 1 See, Sees. 109 and 119. 
 
 2 See Sees. 108 and 119. 
 
54 
 
 in the State of Indiana. (Acts 1911, p. 163. Burns', 1914, 
 Sec. 2521a.) 
 
 112. Penalty. Sec. 2. Any person violating any of the 
 provisions of this act shall be deemed guilty of a misdemeanor 
 and upon conviction therefor shall be punished by a fine of 
 not less than ten dollars ($10) nor more than fifty dollars 
 ($50). (Acts 1911, p. 163. Burns', 1914, Sec. 2521b.) 
 
 113. Wild Birds. Sec. 602. It shall be unlawful for any 
 person to kill, trap or possess any wild bird, or to purchase 
 or offer the same for sale, or to destroy the nest or eggs of 
 any wild bird, except as otherwise provided in this section. 
 But this section shall not apply to the following named game 
 birds: The anatidae, commonly called swans, geese, brant, 
 river and sea duck; the rallidae, commonly known as rails, 
 coots; mud-hens and gallinules ; the linicolae, commonly known 
 as shore birds, plovers, surf birds, snipe, woodcock, sand 
 pipers, tatlers and curlews ; the gallinae, commonly called wild 
 turkeys, grouse, prairie chicken, quail and pheasant; nor to 
 English or European house sparrows, black birds, crows, 
 hawks, or other birds of prey. Nor shall this section apply 
 to any person taking birds or their nests or eggs for scien- 
 tific purposes under permit as provided in the next section. 
 Any person violating the provisions of this section shall, on 
 conviction, be fined not less than ten dollars ($10.00) nor more 
 than fifty dollars ($50.00). (Acts 1905, p. 584, as amended 
 by Acts 1907, p. 378, and Acts 1913, p. 593. Burns', 1914, 
 Sec. 2522.) 
 
 114. Permit to Take Birds and Eggs. Sec. 603. Per- 
 mits may be granted by the commissioner [superintendent] 
 of fisheries and game to any properly accredited person, per- 
 mitting the holder thereof to collectkbirds, their nests or eggs 
 for strictly scientific purposes. In order to obtain such per- 
 mit the applicant for the same must present to such commis- 
 sioner [superintendent] written testimonials from two well- 
 known scientific men certifying to the good character and fit- 
 n'ess of such applicant to be entrusted with such privilege, 
 and pay to such commissioner [superintendent] one dollar 
 therefor, and file with him a properly executed bond in the 
 sum of two hundred dollars ($200), payable to the State of 
 Indiana, conditioned that he will obey the terms of such per- 
 mit, and signed by at least two responsible citizens of the state 
 
55 
 
 as sureties. The bond may be forfeited, and the permit re- 
 voked upon proof to the satisfaction of such commissioner 
 [superintendent] that the holder of such permit has killed 
 any bird or taken the nest or eggs of any bird for any other 
 purpose than that named in this section. (Acts 1905, p. 584. 
 Burns', 1914, Sec. 2523.) 
 
 115. Permit to Hunt. Sec. 604. Whoever hunts with 
 dog or ferrets, or whoever hunts or shoots with any kind of 
 firearms, upon any land without first securing the consent of 
 the owner or tenant thereof, shall, on conviction, be fined not 
 less than ten dollars ($10) nor more than twenty-five dollars 
 ($25). Acts 1905, p. 584. Burns', 1914, Sec. 2524.) 
 
 It is not necessary in charging an offense under this section to particularly describe 
 the lands ; naming the owner or occupant and the state and county is sufficient. Winlock 
 v. State, 121 Ind. 531, 23 N. E. 514 ; State v. Smith, 7 App. 166, 34 N. E. 127. 
 
 116. Injury to Property While Hunting. Sec. 605. Who- 
 ever, while hunting upon the lands of another, carelessly or 
 wantonly injures any cow, horse, hog, sheep, chicken, turkey, 
 duck, or other property, either real or personal, of any person, 
 shall, on conviction, be fined not less than the value of the 
 property destroyed, or amount of the injury done, nor more 
 than double the value of the property destroyed, or amount of 
 the injury done. (Acts 1905, p. 584. Burns', 1914, Sec. 
 2525.) 
 
 117. Sunday Hunting. Sec. 606. Whoever hunts or 
 shoots wild birds, rabbits, or any species of game with any 
 kind of firearms on the first day of the week, commonly called 
 Sunday, shall, on conviction, be fined not less than one dol- 
 lar nor more than fifty dollars ($50). Acts 1905, p. 584. 
 Burns', 1914, Sec. 2526.) 
 
 118. Woodcock, Sale. Sec. 607. Whoever hunts, shoots, 
 kills or has in his possession, any woodcock at any time from 
 the first day of January of any year to the first day of July 
 of the same year shall be guilty of a misdemeanor, and upon 
 conviction thereof shall be fined ten dollars ($10) for each 
 woodcock so hunted, shot, killed or possessed. (Acts 1905, p. 
 584, as amended by Acts 1907, p. 378. Burns', 1914, Sec. 
 2527.) 
 
 119. Closed Season. Sec. 7. It shall be unlawful to hunt 
 any kind of game except wild duck and other waterfowl, at 
 any time from the twentieth day of December to the first day 
 
56 
 
 of April of the following year. Any one guilty of violating 
 any of the provisions of this section shall, on conviction, be 
 fined not less than five dollars ($5) nor more than fifty dollars 
 ($50) for each offense, and every day this section is violated 
 shall constitute a separate and distinct offense : Provided, That 
 nothing in this act shall be construed to prevent the hunting 
 of rabbits between the twentieth day of December and the 
 tenth day of January of the following year. 1 (Acts 1913, p. 
 371. Burns', 1914, Sec. 2528.) 
 
 120. Birds and Animals Reared in Captivity. Section 1. 
 That all birds and animals reared and bred in captivity, shall 
 be considered domestic fowls and stock, and the owner or 
 raiser thereof may keep, sell, ship, transport or otherwise dis- 
 'pose of them, and the same shall not be affected or covered 
 by the laws prohibiting or regulating the killing or disposi- 
 tion of birds and animals grown or propagated in a wild state. 
 (Acts 1915, p. 100. Burns', 1918 S., Sec. 2528a.) 
 
 121. Resident Hunting and Fishing License. Sec. 609. 
 It shall be unlawful for any person who is a resident of the 
 State of Indiana to hunt or fish anywhere within the State 
 of Indiana without first procuring a license to do so, and he 
 may then hunt or fish only during the respective periods of 
 the year when it shall be lawful to do so. In every county 
 of this state having a population of less than two hundred 
 thousand inhabitants according to the last preceding census, 
 it shall be the duty of the clerk of the circuit court to issue 
 such license to any resident of such county upon application 
 of such person. Such license shall contain a description of 
 such person, giving his age, weight, height, color of hair, color 
 of eyes, complexion, and any distinctive mark or marks, and 
 shall be signed by him in ink. Such license shall contain the 
 signature of the commissioner [Superintendent] of fisheries 
 and game, and shall be countersigned by the clerk or agent 
 issuing the same, and shall be good for one year from the 
 date of issue. In all counties of this state having a popula- 
 tion of two hundred thousand or more inhabitants, according 
 the last preceding census, the commissioner [Superintendent] 
 of fisheries and game, or agents, appointed by him for that 
 purpose, shall issue licenses as described above to the resi- 
 dents of such county. The commissioner [Superintendent] 
 
 Sections 108 and 109 
 
57 
 
 of fisheries and game shall furnish all necessary blank appli- 
 cations and licenses to the said clerks and appointees. Be- 
 fore the issuance of any such license the applicant shall pay to 
 such clerk, commissioner [Superintendent] of fisheries and 
 game or his appointee, the sum of one dollar. Any person 
 securing such license shall have the same in his possession 
 when hunting or fishing, and shall show the same to the com- 
 missioner [Superintendent] of fisheries and game or his dep- 
 uty upon request : Provided, That no license shall be issued 
 to any person under the age of fourteen years unless the ap- 
 plication is endorsed in writing by the parent or guardian of 
 such applicant: Provided, further, That the resident owner 
 or owners of farm lands, their children living with them, or 
 their tenants may fish or hunt upon the lands of which he or 
 they are the bona fide owner, owners or tenants, during the 
 respective seasons of the year when it shall be lawful so 
 to do, without procuring such license: Provided, further, 
 That any person may fish in the county in which he resides 
 or in any county adjacent thereto without procuring such 
 license: Provided, further, That all children under the age 
 of eighteen, and the wife of a man who has procured a license 
 under the provisions of this section shall be permitted to fish 
 only without securing a license : and, Provided, further, That 
 licenses to hunt in effect at the time of the taking effect of 
 this act shall entitle the holders of them to hunt and fish, the 
 same as licenses issued under this section. Whoever shall 
 violate any of the provisions of this section shall be deemed 
 guilty of a misdemeanor, and upon conviction thereof shall 
 be fined not less than five dollars ($5) nor more than twenty- 
 five dollars ($25), and every day this section or any of its pro- 
 visions is violated shall constitute a separate and distinct of- 
 fense. (Acts 1905, p. 584, as amended by the Acts of 1907, p. 
 378 and by the Acts of 1913, p. 310. Burns', 1914, Sec. 2529.) 
 
 122. Funds. Sec. 2. The funds created by this act 
 shall become a, part of and be included in the fish and game 
 protective and propagation fund, and said fund shall be ex- 
 pended in the propagation, protection and purchase of fish 
 and game as provided by law. The Commissioner [superin- 
 tendent] of Fisheries and Game may employ such deputies 
 and other assistants as may be necessary to render effective 
 this and all other acts pertaining to fish, game, fur bearing ani- 
 
m 
 
 mals or wild birds that are now or may hereafter be in force. 1 
 (Acts 1913, p. 310. Burns', 1914, Sec. 2529a.) 
 
 123. Hunting and Fishing, Soldiers and Sailors. Section 
 1. That any honorably discharged soldier, sailor or marine 
 of the United States who shall have served in the civil war 
 shall be entitled to fish or hunt during any open season for 
 fish or game in the State of Indiana without procuring a li- 
 cense as required by law. (Acts 1915, p. 99. Burns', 1918 
 S., Sec. 2529a.) 
 
 124. Carrying Game Outside of State. Sec. 610. It 
 shall be unlawful for any railroad company, express company, 
 or other common carrier, or other pers6n, to transport, take or 
 carry or receive for the purpose of transporting, taking or 
 carrying beyond the limits of this state, any wild deer, buck, 
 doe or fawn, any quail, wild duck, brant, wild goose, or other 
 waterfowl, ruffed grouse, pinnated grouse, prairie chicken, 
 woodcock, wild turkey, or any pheasant of any kind or species 
 (except as provided in the next section). Any railroad com- 
 pany, express company or other common carrier, or other per- 
 son violating any of the provisions of this section shall, on 
 conviction, be fined one hundred dollars ($100) for each such 
 wild deer, buck, doe or fawn transported, taken or carried or 
 received for the puipose of transportation, taking or carrying 
 beyond the limits of this state; fifty dollars ($50) for each 
 pheasant of any kind or species, or wild turkeys so -trans- 
 ported, taken or carried beyond the limits of this state, and 
 ten dollars ($10) for each quail, wild duck, brant, wild goose, 
 or other wild waterfowl, ruffed grouse, pinnated grouse, prairie 
 chicken or woodcock transported, taken or carried or received 
 for the purpose of being transported, taken or carried beyond 
 the limits of this state. (Acts 1905, p. 584. Bums', 1914, Sec. 
 2530.) 
 
 125. Non-resident License. Sec. 611. It shall be unlaw- 
 ful for any person who is a non-resident of the State of In- 
 diana to hunt any of the wild animals, fowls or birds that 
 are protected by law during any part of the year, without 
 first procuring a license so to do, and then only during the 
 respective seasons of the year when it shall be lawful so to 
 do. Such license shall be procured' in the following manner, 
 
 1 With the approval of the director of the Conservation Commission. 
 
59 
 
 to wit: The applicant shall fill out a blank application, to be 
 furnished by the clerk of the circuit court of any county in 
 the state, setting forth the name, place of residence, occupa- 
 tion, age, height, weight, complexion, color of hair, color of 
 eyes, and any distinctive mark or marks of the applicant, 
 which application shall be sworn to before some person 
 authorized to administer oaths in the State of Indiana, or the 
 state in which the applicant resides. Upon the presentation 
 of such application, together with a photograph of the appli- 
 cant, to the clerk of the circuit court of any county in this 
 state, such clerk shall issue to applicant a license to hunt any- 
 where in the State of Indiana. Such license shall have at- 
 tached thereto the said photograph of the licensee, shall be 
 good for one year from date of issue, and shall be substantially 
 in the following form, to wit: 
 
 State of Indiana, County of ss : 
 
 This certifies that , a resident of 
 
 county, State of , has this 
 
 day complied with the law authorizing the issuance of hunt- 
 ing licenses to non-residents of the State of Indiana, and is 
 hereby authorized to hunt anywhere in the State of Indiana 
 for the period of one year from this date. . 
 
 Description of licensee : Age, years ; height, 
 
 feet inches ; weight, pounds ; 
 
 complexion, ; color of hair, ; color 
 
 of eyes, ; distinctive mark or marks, 
 
 Witness the signature of the clerk of said county and the 
 
 seal of the circuit court of said county this the day 
 
 of . ,19.. 
 
 Clerk of County Circuit Court. 
 
 Before the issuance of any such license the applicant shall 
 pay to such clerk the sum of fifteen dollars and fifty cents, 
 ($15.50), fifteen dollars of which shall be paid by said clerk to 
 the Treasurer of State as a part of the fish and game protective 
 fund, as hereinafter provided, and fifty cents of which shall 
 be reserved by the said clerk and disposed of as other fees 
 of his office are disposed of. Any licensee under the provi- 
 sions of this section is hereby authorized to kill and remove 
 from this state not to Exceed fifteen game birds of all kinds 
 each day that he hunts in this state, which shall be carried 
 
60 
 
 openly for inspection together with his license: Provided, 
 That any licensee under this section who has hunted three days 
 or more in succession may take beyond the limits of this state 
 a total of not to exceed forty-five game birds of all kinds killed 
 by himself during such hunt. Whoever shall violate any of 
 the provisions of this section shall be deemed guilty of a mis- 
 demeanor, and upon conviction thereof shall be fined not less 
 than twenty-five dollars ($25) nor more than one hundred dol- 
 lars ($100), to which may be added imprisonment in the 
 county jail for any period not less than thirty days nor more 
 than sixty days. (Acts 1905, p. 584, as amended by Acts 1907, 
 p. 378. Burns', 1914, Sec. 2531.) 
 
 126. Seines, Traps or Spears in Possession. Sec. 613. 
 Whoever has in his possession any seine, dip net, gill net, pond 
 net, or other kind of net, spear, gig or trap, or any part 
 thereof, except as otherwise provided in this section, shall, 
 on conviction, be fined not less than five dollars ($5) nor more 
 than two hundred dollars ($200) for each offense, to which 
 may be added imprisonment in the county jail for any deter- 
 minate period, and every day's possession of such articles, or 
 any of them, shall constitute a separate and distinct offense 
 under this section : Provided, This section shall not apply to 
 persons who have in their possession nets, seines, traps or 
 other fishing tackle for the purpose of taking fish from Lake 
 Michigan, the Ohio river, or the Wabash river in so far as it is 
 the boundary line between the States of Indiana and Illinois, 
 except that persons having such nets, seines and other devices 
 for use in any of the said waters, shall keep the same within 
 two miles of such waters: Provided, also, That this section 
 shall not apply to owners of private ponds who keep a seine 
 for use only in such ponds : Provided, also, That this section 
 shall not apply to minnow traps or minnow seines not more 
 than twelve feet long, four feet deep, and the meshes of which 
 shall not be larger than one-fourth of an inch. (Acts 1905, 
 p. 584. Burns', 1914, Sec. 2532.) 
 
 Legislative power to exempt streams from the operation of the fish laws. Gentile v. 
 State, 29 Ind. 409 ; Stuttsman v. State, 57 Ind. 119. 
 
 Power of legislature to make it a crime to have articles in possession for catching 
 fish. State v. Lewis, 134 Ind. 250, 33 N. E. 1024 ; Lewis v. State, 148 Ind. 346, 47 N. E. 
 675. 
 
 Jurisdiction of justices of the peace in prosecutions under a section of this character. 
 Pritchett v. Cox, 154 Ind. 108, 56 N. E. 20. 
 
 As to the sufficiency of a charge for unlawfully taking fish with a spear. Stuttsman 
 v. State, 57 Ind. 119. 
 
61 
 
 127. Seizure. Sec. 2. It shall be the duty of the Com- 
 missioner [Superintendent] of Fisheries and Game and his 
 deputies to seize and destroy any seine more than twelve (12) 
 feet long and four (4) feet wide, dip net, gill net, set net, 
 trammel net, pond net, cast net or other kind of net, trap or 
 spear, and for each seine more than twelve (12) feet long and 
 four (4) feet wide, dip net, gill net, set net, trammel net, 
 pond net, cast net, or other kind of net or trap, the officers 
 so seizing and destroying the same shall be paid out of the 
 county treasury of the county, where the same is seized and 
 destroyed the sum of five dollars ($5), and for each spear or 
 gig so seized and destroyed such officer shall in like manner 
 be paid the sum of one dollar ($1) : Provided, That no such 
 sums shall be paid to such officer unless the owner or the per- 
 son in whose possession such article or articles are found shall 
 have been convicted and fined for using or having such article 
 or articles in possession. (Acts 1907, p. 501. Burns', 1914, 
 Sec. 2533.) 
 
 128. State Breeding Grounds. Section 1. It shall be the 
 duty of the Commissioner [Superintendent] of Fisheries and 
 Game, in each of the lakes in this state having shallows and 
 bays in which fish make their beds and hatch their young, 
 to set apart such shallows and bays and designate them as 
 breeding grounds by means of appropriate signs bearing the 
 words, "State Breeding Ground." Any person who shall 
 knowingly, in any manner, take, catch or kill, or pursue for 
 the purpose of taking, catching or killing, any fish whatever 
 from any such breeding ground or grounds, after the same 
 shall have been set apart and designated as hereinbefore set 
 out, at any time between the twentieth day of March and the 
 first day of July of any year, shall be fined not less than 
 five dollars ($5) nor more than twenty-five dollars ($25) for 
 each fish so taken, caught, killed or pursued: Provided, That 
 this section shall not be construed to prohibit the removal of 
 marl from the waters of this state for manufacturing purposes. 
 (Acts 1913, p. 36&. Burns', 1914, Sec. 2533a.) 
 
 129. Prohibited Fishing Devices. Sec. 2. Whoever 
 fishes in any of the waters of this state with any trot line or 
 set line of any kind having any hook or hooks thereon smaller 
 than five-sixteenths (5/16) of an inch from point of hook 
 to the shank, or with any line and hook of any kind attached 
 
62 
 
 to any bottle, or to any floating device whatever, when more 
 than fifteen such bottles or floating devices are used, shall, 
 on conviction, be fined not less than five dollars ($5.00) nor 
 more than fifty dollars ($50.00) for each offense: Provided, 
 That the provisions of this section shall not apply to the Ohio 
 river, Lake Michigan, nor the Wabash river so far as it is the 
 boundary line between the States of Indiana and Illinois. 
 (Acts 1913, p. 368, as amended by Acts 1915, p. 32, as 
 amended by Acts 1919, p. 728. Burns', 1918 S., Sec. 2533b.) 
 
 130. Carrying Fish Out of State. Sec. 6. It shall be un- 
 lawful for any railroad company, express company, or other 
 common carrier to transport, take or carry or receive for the 
 purpose of transporting, taking, or carrying beyond the limits 
 of this state any pike, pickerel, wall-eyed pike, perch, blue-gill, 
 black bass, green bass, rock bass or other species of bass, and 
 it shall be unlawful for any person or persons to deliver or 
 offer to deliver to any railroad company, express company or 
 other common carrier, any of said species of fish for the pur- 
 pose of transporting, taking, or carrying the same beyond 
 the limits of this state: Provided, That none of the provi- 
 sions of this section shall prevent any common carrier from 
 transporting fish which have been taken from private ponds, 
 nor to prevent any person other than a common carrier, from 
 personally taking a total of not to exceed twenty-four (24) 
 of the said species, caught by himself, beyond the limits of 
 this said state, which said fish shall be carried by such per- 
 son openly for inspection by any officer of the Indiana Fish 
 and Game Commission .- 1 Provided, further, That before 
 any common carrier shall transport any fish from private 
 ponds, the owner of said ponds shall present an affidavit stat- 
 ing that said fish were taken from said private ponds. The 
 words "private ponds/' as used in this act, shall be construed 
 to mean and include any body of water not greater than 
 twenty acres in area, .lying wholly within or upon the land 
 of any landowners. Whoever shall violate any of the pro- 
 visions of this section shall, upon conviction thereof, be fined 
 ten dollars ($10) for each fish transported, taken or carried, or 
 received for the purpose of transporting, taking or carrying, 
 or delivered or offered for delivery, for the purpose of trans- 
 porting, taking or carrying beyond the limits of this state. 
 (Acts 1913, p. 368. Burns', 1914, Sec. 2533c.) 
 
 1 Fish and game division or Conservation Commission or director. 
 
63 
 
 
 
 131. Fish Trap Prohibited. Sec. 614. Any person who 
 shall construct any fish trap or other device for catching 
 fish, or shall shoot, spear, gig, or in any manner take or kill 
 any fish within one thousand feet of any fish ladder can- 
 structed on any dam in the State of Indiana, save and ex- 
 cept by hook and line, shall, on conviction, be fined not less 
 than twenty-five dollars ($25) nor more than seventy-five dol- 
 lars ($75), and the township trustee shall, or any other person 
 may, destroy any fish trap or other device for catching fish 
 found within one thousand feet of any such fish ladder. 1 (Acts 
 1905, p. 584. Burns', 1914, Sec. 2534.) 
 
 132. Sale of Fish Prohibited. Sec. 615. Whoever shall 
 sell or offer for sale any pike, pickerel, wall-eyed pike, perch, 
 blue-gills, black bass, green bass, rock bass, or other species 
 of bass caught in any of the waters of this state, at any time, 
 shall, on conviction, be fined five dollars ($5.00) for each fish 
 caught, sold or offered for sale, and proof that any of the 
 varieties of fish mentioned in this section were sold or of- 
 fered for sale shall be considered prima facie evidence that 
 said fish were caught in the waters of this state. (Acts 
 1905, p. 584, as amended by Acts 1907, p. 86. Burns', 1914, 
 Sec. 2535.) 
 
 133. Protection and Propagation of Trout. Section 1. 
 The Commissioner [Superintendent] of Fisheries and Game 
 may, on his own initiative, and shall, on petition of any. in- 
 terested person or persons, as hereafter provided, prohibit 
 all .fishing for a period of three (3) years, in any river, 
 stream, lake, watercourse or other body of water, or any part 
 or parts thereof, which abounds with trout or which may be 
 planted or stocked with trout spawn or eggs. Any person or 
 persons who may desire to have any river, stream, lake, 
 watercourse or other body of water, or any part or parts 
 thereof, closed against fishing, for the purpose of planting 
 or stocking the same with trout or protecting the trout which 
 already abound therein, may file a petition for that purpose 
 with the Commissioner [Superintendent] of Fisheries and 
 Game. Such petition shall set forth the name of the peti- 
 tioner or petitioners ; a description and general location of the 
 river, stream, lake, watercourse or other body of water, or the 
 portion or portions thereof which they desire enclosed; the 
 
 1 For regulations as to fish traps, see Sections 170-177. 
 
64 
 
 
 
 purpose for which such enclosure is to be used; the relative 
 abundance of trout in such waters; whether or not such 
 waters have been stocked or planted with trout or the fry, 
 spawn or eggs thereof ; the general suitability of the proposed 
 enclosure as a breeding ground for a habitat of trout. Such 
 petition shall be verified and shall be signed by at least ten 
 (10) freeholders, in addition to the petitioner or petitioners, 
 who are legal residents of the township or townships through 
 which such stream, river, or watercourse flows, or in which 
 such lake or other body of water, or the portion or portions 
 to be enclosed is situated. Such attesting witnesses shall be 
 familiar with the location and character of the river, stream, 
 lake, watercourse or other body of water, or such portion 
 or portions thereof as are designed to be enclosed and utilized 
 as a breeding ground; the nature and abundance of trout 
 therein; and the suitability of such stream as a practicable 
 breeding ground. If the commissioner [superintendent] is 
 satisfied that such petition is executed in good faith ; that the 
 proposed breeding grounds described in such petition are suit- 
 able for the propagation of trout ; and that the closure of such 
 proposed breeding grounds is desirable or necessary for the 
 protection and propagation of trout, the commissioner [super- 
 intendent] or one of his authorized deputies shall designate the 
 general extent, limits ancf periphery of such breeding grounds 
 by appropriate and substantial markers, and shall establish an 
 appropriate and durable sign bearing the words, "State Breed- 
 ing Grounds," in conspicuous letters, and the date on which 
 the closure of such breeding ground will expire, which shall be 
 not less than three (3) years from the date on which such en- 
 closure was established. The commissioner [superintendent] 
 or his authorized deputies shall visit such breeding grounds 
 periodically to see that the markers are in serviceable condi- 
 tion and that the law is being complied with. The sign bear- 
 ing the words, "State Breeding Ground," shall be designed and 
 provided by the Commissioner [Superintendent] of Fisheries 
 and game and the inspection and supervision of such breeding 
 grounds shall be performed by the Commissioner [Superin- 
 tendent] of Fisheries and Game as a part of his regular duties. 
 (Acts 1917, p. 102. Burns', 1918 S., Sec. 2535c.) 
 
 134. Closed Season. Sec. 2. It shall be unlawful for any 
 person to take, catch or kill, or attempt to take, catch or kill 
 
65 
 
 any trout in any of the waters of this state at any time from 
 the first day of SeptemLer, of any year to the first day of 
 April of the following year. Whoever shall violate any of 
 the provisions of this section shall be deemed guilty of a mis- 
 demeanor and upon conviction thereof shall be fined in any 
 sum not less than five dollars ($5) nor more than ten dollars 
 ($10) for each trout so taken, caught or killed. (Acts 1917, 
 p. 102. Burns', 1918 S., Sec. 2535d.) 
 
 135. Size of Trout Taken. Sec. 3. It shall be unlawful 
 for any person, knowingly or intentionally, to take, catch or 
 kill in any of the waters of this state or to have in his pos- 
 session at any time any trout less than seven (7) inches in 
 length. In case any such trout is taken or caught, the per- 
 son taking or catching it shall immediately return it to the 
 waters from which it was taken without unnecessary injury. 
 Any person who shall violate any of the provisions of this 
 section shall be deemed guilty of a misdemeanor and upon 
 conviction thereof shall be fined in any s*um not less than five 
 dollars ($5) nor more than ten dollars ($10) for each trout 
 so taken, caught, killed or possessed less than seven (7) 
 inches in length. (Acts 1917, p. 102. Burns', 1918 S., Sec. 
 2535e.) 
 
 136. Day's Catch. Sec. 4. It shall be unlawful for any 
 person to take, catch, kill or have in his possession more than 
 twenty (20) trout in any one day. Whoever shall violate any 
 of the provisions of this section shall be deemed guilty of a 
 misdemeanor and upon conviction thereof shall be fined in any 
 sum not less than five dollars ($5) nor more than twenty- 
 five dollars ($25) for each trout so taken, caught, killed or 
 possessed in excess of the number prescribed in this section. 
 (Acts 1917, p. 102. Burns', 1918 S., Sec. 2535f.) 
 
 137. Trout Fishing. Sec. 5. Except as otherwise pro- 
 vided in this act, it shall be unlawful for any person to take, 
 catch or kill or attempt to take, catch or kill any trout in any 
 of the waters of this state in any manner or by any other 
 means than by the use of hook and line, equipped with artifi- 
 cial bait or any form of natural bait, not otherwise prohibited 
 by law, except trout, fry or trout minnows. It shall be un- 
 lawful for any person to take, catch, or capture or attempt 
 to take, catch or capture any minnows of any variety within 
 
 516367 
 
66 
 
 the limits of any state breeding ground established for the 
 breeding and propagation of trout. Any person who shall 
 violate any of the provisions of this act shall be deemed guilty 
 of a misdemeanor and upon conviction thereof shall be fined 
 in any sum not less than five dollars ($5) nor more than ten 
 dollars ($10) for each separate offense. (Acts 1917, p. 102. 
 Burns', 1918 S., Sec. 2535g.) 
 
 138. Trout Defined. Sec. 6. The term "trout" as used 
 in this act shall be construed to include all varieties of the 
 salmonidae found in inland waters, comprising salmon trout, 
 steel-head trout, mountain trout, rainbow trout, speckled trout 
 and brook trout. None of the provisions of this act shall 
 apply to the Ohio river, to Lake Michigan or to the Wabash 
 river so far as it is the boundary line between the states of 
 Indiana and Illinois. (Acts 1917, p. 102. Burns', 1918 S., 
 Sec. 2535h.) 
 
 139. Fishing Through Ice. Section 1. That it shall be 
 unlawful to take, catch or kill, or attempt to take, catch or 
 kill, any fish in the waters of any fresh water lakes in the 
 State of Indiana having a water area of not more than two 
 and one-half square miles, and not less than two square miles, 
 as shown by the twenty-fifth annual report of the Depart- 
 ment of Geology and Natural Resources of the State of In- 
 diana, for the year of 1900, when the waters of such lakes are 
 covered in whole or in part with ice. (Acts 1907, p. 53. 
 Burns', 1914, Sec. 2537.) 
 
 140. Penalty. Sec. 2. Whoever shall violate any of the 
 provisions of this act shall be fined in any sum not exceeding 
 five dollars ($5) for each and every attempt to so take, catch or 
 kill any fish, and not less than five dollars ($5) nor more than 
 twenty-five dollars ($25) for each fish so taken, caught or 
 killed from the waters of such lakes. (Acts 1907, p. 53. 
 Burns', 1914, Sec. 2538.) 
 
 141. Shooting Fish. Sec. 617. Whoever at any time 
 shoots or shoots at any fish of any kind in any of the waters 
 of this state, shall, on conviction, be fined not less than five 
 dollars ($5) nor more than fifty dollars ($50) for each offense, 
 to which may be added imprisonment in the county jail not 
 exceeding thirty days. (Acts 1905, p. 584. Burns', 1914, Sec. 
 2539.) 
 
67 
 
 142. Catching of Fish Regulated. Sec. 619. Whoever 
 shall take, catch or kill, or attempt to take, catch or kill any 
 fish in any of the waters of this state by means of any gig, 
 spear, seine, net, or trap of any kind, except as otherwise 
 provided in this section; or whoever shall kill or destroy, or 
 attempt to kill or destroy any fish by the use of Indian cockle, 
 fish berries or other substances which have a tendency to 
 stupefy or poison fish, shall, on conviction, be fined not less 
 than ten dollars ($10) nor more than twenty dollars ($20), to 
 which may be added imprisonment in the county jail ^for any 
 period not to exceed thirty days, and for a second or -subse- 
 quent offense he shall be fined not less than fifty dollars ($50) 
 nor more than two hundred dollars ($200), to which may be 
 added imprisonment in the county jail for any period not to 
 exceed sixty days : Provided, That the provisions of this sec- 
 tion as to the use of a gig, spear, seine, net or trap of any 
 kind shall not apply to the waters of Lake Michigan, private 
 ponds, the Ohio river, or the Wabash river so far as it is the 
 boundary line between the States of Indiana and Illinois ; but 
 in such case, it shall, nevertheless, be unlawful to use any net, 
 seine or trap in the Ohio river or Wabash river so far as the 
 same is the boundary line between the States of Indiana and 
 Illinois, within one hundred yards of the mouth of any stream 
 emptying into said rivers from the Indiana side; nor to per- 
 sons catching minnows for bait with a minnow trap or min- 
 now seine, which seine shall not be more than twelve feet long, 
 four feet deep, and the meshes of which shall not be larger 
 than one-fourth of an inch. (Acts 1905, p. 584. Burns', 1914, 
 Sec. 2541.) 
 
 The legislature may exempt certain streams in the state from the operation of the 
 fish laws. Gentile v. State, 29 Ind. 409 ; Stuttsman v. State, 57 Ind. 119. 
 
 Legislative power as to regulating the time and manner of catching fish. Gustavel 
 v. State, 153 Ind. 613, 54 N. E. 123. 
 
 Sufficiency of a charge for unlawfully taking fish with a spear. Stuttsman v. State, 
 57 Ind. 119. 
 
 143. Sizes of Fish that May Be Taken. Sec. 620. No 
 pickerel or pike perch, commonly called wall-eyed pike, less 
 than twelve inches "in length, or rock bass, or crappie, less 
 than six inches in length, or black bass less than ten inches 
 in length, shall be intentionally taken from the waters of this 
 state, or possessed, and in case any such fish is taken the per- 
 son taking it shall immediately return it to the waters from 
 which it was taken without unnecessary injury. Any per- 
 
68 
 
 son violating the provisions of this section shall, on conviction, 
 be fined not exceeding ten dollars ($10). (Acts 1905, p. 584. 
 Burns', 1914, Sec. 2542.) 
 
 144. Protection of Fish in Lake Michigan. Section 1. 
 All fish of whatever kind found in the waters of Lake Michi- 
 gan, within the jurisdiction of the State of Indiana, shall be, 
 and are hereby declared to be the property of the State of 
 Indiana, and shall be taken, transferred, sold and possessed 
 only in accordance with the provisions of this act, or any 
 other provisions of the laws of this state relating thereto. 
 (Acts 1917, p. 94. Burns', 1918 S., Sec. 2542a.) 
 
 145. Nets. Sec. 2. It shall be unlawful for any person 
 to use in the waters of Lake Michigan and the bays and 
 harbors thereof, within the jurisdiction of this state, any 
 pound or trap net, gill net, seine, or any fixed, set or movable 
 net of any kind or description whatever, the meshes of which 
 are different than prescribed by this section as follows: Gill 
 nets with meshes of not less than four (4) inches may be used 
 for the taking of whitefish and trout ; gill nets with meshes of 
 two and one-fourth (21/4) inches may be used for the pur- 
 pose of taking perch, herring and other rough fish wherever 
 and whenever they will not take more than fifteen per cent. 
 (15%) of immature whitefish and lake trout, such percentage 
 to be determined by the state Commissioner [Superintendent] 
 of Fisheries and Game by inspection of the fish taken in such 
 nets by lifts made on same grounds, for a period of six (6) 
 days in succession: Provided, That uninjured immature 
 fish shall be returned to the water. Said state Commissioner 
 [Superintendent] of Fisheries and Game is hereby given 
 authority to remove or cause the removal from said waters of 
 such nets whenever and wherever from the inspection herein 
 provided he. shall determine that such nets are taking more 
 immature whitefish or trout than allowed by the provisions 
 of this section. Gill nets with meshes of not less than one 
 and one-half (1%) inches nor more than two (2) inches may 
 be used for the purpose of taking bait for hook and line fish- 
 ing when and where such nets will not take immature fish. 
 Gill nets with meshes of not less than two and one-half (21/2) 
 inches may be used for the purpose of taking chubs. Pound 
 nets with the pot, crib or pocket being that part of the net in 
 which fish are finally captured, having meshes of not less than 
 
69 
 
 two and one-half (21/2) inches in the bottom, sides and 
 front, as found in use, extension measure, from center of 
 knot to center of knot when fully extended, with back having 
 meshes of not less than two (2) inches, extension measure, 
 as manufactured, with the lead having meshes of not less than 
 five (5) inches, the funnel and the heart having meshes 
 of not less than four (4) inches, extension measure, as manu- 
 factured, may be used for taking white-fish and trout; pound 
 nets with the front, sides and bottom of the pot, crib or 
 pocket, also that part of the funnel inside of the pot, crib or 
 pocket having meshes of not less than two and one-half (21/2) 
 inches, and the back two (2) inches, the funnel inside of the 
 pot, crib or pocket two and one-fourth (21/4) inches, and such 
 part of the funnel outside of crib or pocket with the heart 
 and lead four (4) inches, as manufactured. The measure- 
 ment of the meshes of gill nets as prescribed in this section 
 shall be by extension measure from center of knot to center 
 of knot when fully extended as used for the purpose of tak- 
 ing fish. (Acts 1917, p. 94. Burns', 1918 S., Sec. 2542b.) 
 
 146. Legal Nets. Sec. 3. All nets in use at the time of 
 the passage of this act, and which are legal nets under the 
 laws in force at that time, may be used until January one 
 (1), nineteen hundred nineteen (1919), even though made il- 
 legal by the provisions of this act. (Acts 1917, p. 94. 
 Burns', 1918 S., Sec. 2542c.) 
 
 147. Bass and Trout. Sec. 4. It shall be unlawful for 
 any person to take or catch with any kind of a net in any 
 of the waters mentioned in this act black bass of any kind, 
 any brook trout, rainbow trout, German brown trout, Loch 
 Leven trout, or any other species of brook trout, or to sell 
 or offer for sale or to have in possession at any time any of 
 the said fish taken with nets. Any such fish found in any 
 net shall at once be returned to the waters from which taken 
 with as little harm as possible to said fish. (Acts 1917, p. 
 94. Burns', 1918 S., Sec. 2542d.) 
 
 148. Identification; Sec. 5. It shall be unlawful for any 
 person, firm or corporation to set or use nets in any of the 
 waters mentioned in this act without marking the location of 
 and identifying said nets by attaching to the buoys of gill 
 nets flags at least three (3) feet above the surface of the 
 water, said flags or buoys to show in plain figures the boat li- 
 
70 
 
 cense number of the person or corporation using the nets. 
 (Acts 1917, p. 94. Burns', 1918 S., Sec. 2542e.) 
 
 149. Fish, Offal or Filth. Sec. 6. All fish, offal or filth 
 of any description whatsoever, accruing from the catching and 
 curing of fish in or near the waters mentioned in this act shall 
 be cooked or burned, or buried ten (10) rods distant from 
 the beach or shore. (Acts 1917, p. 94. Burns', 1918 S., Sec. 
 2542f.) 
 
 150. License Fees. Sec. 7. It shall be the duty of the 
 state Commissioner [Superintendent] of Fisheries and Game, 
 when application is made by any person, firm or corporation 
 in accordance with this act, to issue the license provided for 
 in this act upon payment by the applicant, if a resident of 
 this state, of the following fees: For each sail or r,ow boat 
 propelled by means of a sail, five dollars ($5) per year; for 
 each boat propelled by steam, gasoline, naphtha, electricity 
 or other motive power of less than five (5) tons, gross ton- 
 nage, ten dollars ($10) per year; for each boat propelled by 
 steam, gasoline, naphtha, electricity, or other motive power of 
 over five (5) tons, or not more than fifteen (15) tons, gross 
 tonnage, ten dollars ($10) per year; boats of over fifteen 
 (15) tons, gross tonnage, twenty-five dollars ($25) per year. 
 If he desires to make use of one (1) or more nets of any kind 
 for the purpose of fishing without a boat or under the ice 
 during the winter months, he shall pay a fee of one dollar 
 ($1) per year. If a non-resident of this state, he shall pay 
 the following fees: For each sail or row boat propelled by 
 means of a sail or oars, ten dollars ($10) per year. For 
 each sail boat propelled by steam, gasoline, naphtha, elec- 
 tricity or other motive power, the said boat being less than 
 ten (10) tons, gross tonnage, fifty dollars ($50) per year; 
 for each boat propelled by steam, gasoline, naphtha, elec- 
 tricity or other motive power or more than ten (10) tons, 
 gross tonnage, five dollars ($5) for each gross ton per year: 
 Provided, however, That no non-resident person, firm or cor- 
 poration shall be required to pay more than three hundred 
 dollars ($300) on any one (1) boat in one (1) year; if he 
 desires to fish with one or more nets without the use of a 
 boat or under the ice during the winter months, he shall pay 
 the sum of one hundred dollars ($100) per year: Provided, 
 further, That for the purpose of this act computation of the 
 
71 
 
 amount each person shall pay for the use of boats shall be 
 made upon the gross tonnage of boats as computed and reg- 
 istered by the United States government inspectors: Pro- 
 vided further, That for the purpose of this act any corpora- 
 tion in which less than seventy-five per cent (75%) of its 
 stock is and has actually been owned by bona fide residents of 
 this state for more than six (6) months prior to the time of 
 making application for license, shall be considered non-resi- 
 dents. (Acts 1917, p. 94. Burns', 1918 S., Sec. 2542g.) 
 
 151. License. Sec. 8. Upon the payment of the fee pro- 
 vided for in this act, the state Commissioner [Superintend- 
 ent] of Fisheries and Game shall have prepared and shall is- 
 sue to persons, firms or corporations entitled to the same, 
 a printed or written license signed by him, setting forth the 
 date of issuing the same, to whom issued, the date on which 
 it will expire, and the name of boat, tug, launch, net or nets 
 for which said license was issued. (Acts 1917, p. 94. Burns', 
 1918 S., Sec. 2542h.) 
 
 152. Record of Licenses, Funds. Sec. 9. All boat li- 
 censes shall expire on the first day of June following their 
 issue. The state Commissioner [Superintendent] of Fish- 
 eries and Game shall keep a record of all applications and 
 licenses. On the first day of each month, the state Commis- 
 sioner [Superintendent] of Fisheries and Game shall pay 
 over to the State Treasurer all moneys received by him under 
 the provisions of this act, and said moneys shall be credited to 
 the fund for the propagation of fish and game and shall be 
 disbursed by the auditor for services of the state Commis- 
 sioner [Superintendent] of Fisheries and Game and his depu- 
 ties and their expenses in enforcing the laws for the pro- 
 tection of fish, and for the purchase of patrol boats and other 
 apparatus to be used for that purpose by the state Commis- 
 sioner [Superintendent] of , Fisheries and Game on bills sworn 
 to by the person presenting the same, when certified to by 
 the state Commissioner [Superintendent] of Fisheries and 
 Game. (Acts 1917, p. 94 Burns', 1918 S., Sec. 2542i.) 
 
 153. Limitations. Sec. 10. Nothing contained in this 
 act shall be deemed as authorizing the taking of fish or the 
 use of illegal nets, or of the setting of nets at a place or places 
 or times or otherwise forbidden by law. (Acts 1917, p. 94, 
 Burns', 1918 S., Sec. 2542J.) 
 
72 
 
 154. Penalties. Sec. 11. Any person, persons, firm or 
 corporation violating any of the provisions of this act shall 
 be deemed guilty of a misdemeanor, and upon conviction 
 thereof for the first offense before any court having jurisdic- 
 tion, shall be punished by a fine of not more than one hundred 
 dollars ($100) and costs of prosecution, or by imprisonment 
 in the county jail for a period not exceeding sixty (60) days, 
 or both such fine and imprisonment, in the discretion of the 
 court: Provided, however, That each violation shall be 
 deemed a separate and distinct offense. (Acts 1917, p. 94. 
 Burns', 1918 S., Sec. 2542k.) 
 
 155. Number of Fish that May Be Taken. Sec. 3. No 
 person shall catch, kill, or have in his possession more than 
 fifty bluegills, sunfish or crappies or more than twelve bass, 
 in any one day. Where two or more persons are fishing or 
 angling from the same boat, the aggregate number of bass 
 taken, caught, killed, or possessed by the occupants of said 
 boat shall not exceed twenty: Provided, That none of the 
 provisions of this section shall prevent the owner of private 
 ponds from taking fish from said private ponds in any manner 
 or in any number. Whoever shall violate any of the provi- 
 sions of this section shall, on conviction, be fined not less than 
 five dollars ($5) nor more than twenty-five dollars (25) for 
 each fish so taken or possessed, in excess of the number as lim- 
 ited in this section. (Acts 1913, p. 368. Burns', 1914, Sec. 
 2543.) 
 
 156. Obstruction of Streams. Sec. 622. Whoever 
 stretches or places any obstruction other than a dam across 
 any of the streams of the state which prevents the fish from 
 ascending or descending any such stream shall be fined not 
 less than ten dollars ($10) nor more than one hundred dollars 
 ($100) . (Acts 1905, p. 584. Burns', 1914, Sec. 2544.) 
 
 157. Nets Near Ohio River. Sec. 210. Whoever 
 stretches or places any net or other obstruction across any 
 creek emptying into the Ohio river in this state, and within 
 one mile of the mouth of such creek, in order to prevent the 
 ingress of fish into such creek from such river above such ob- 
 struction, or their egress from such creek into such river, 
 shall for every day such obstruction is continued be fined not 
 more than twenty dollars ($20) nor less than five dollars ($5). 
 (Acts 1881, p. 174. Burns', 1914, Sec. 2545.) 
 
73 
 
 158. Pollution of Streams. Sec. 4. It shall be unlawful 
 for any person, firm or corporation, to cause, suffer, or per- 
 mit any dye-stuff, acid, coal-tar, oil, logwood, or any refuse 
 matter or substance whatever to be thrown, run or drained 
 into any of the waters of this state in quantities sufficient to 
 injure or destroy the lives of fish which may inhabit the same 
 at or below the point where any such substance is discharged 
 or permitted to flow into such waters. Whoever violates any 
 of the provisions of this section shall, on conviction, be fined 
 not less than fifty dollars ($50) nor more than one thousand 
 dollars ($1,000) for each offense, and each day's violation of 
 the provisions of mis section shall constitute a separate of- 
 fense : Provided, That the provisions of this section shall not 
 abridge the rights of owners of gas or oil wells to drain the 
 waters from such wells into the waters of the state, as now 
 permitted by law. (Acts 1913, p. 368. Burns', 1914, Sec. 
 2546.) 
 
 159. Poisoning Fish. Sec. 166. Whoever throws or 
 places in any stream, lake or pond, any lime or other deleteri- 
 ous substance with the intent to injure fish or any drug, medi- 
 cated bait, cocculus indicus or fish berries, with intent thereby 
 to poison or catch fish, shall be fined not more than fifty dol- 
 lars ($50) nor less than ten dollars ($10). a (Acts 1881, p. 
 174. Burns', 1914, Sec. 2547.) 
 
 160. Explosives Prohibited. Sec. 624. Whoever uses 
 dynamite or other explosives in any of the waters of this 
 state, except for mining or mechanical purposes, by special 
 permission of the Commissioner [Superintendent] of Fish- 
 eries and Game, or his chief deputy, shall, on conviction, be 
 fined not less than two hundred and fifty dollars ($250), nor 
 more than one thousand dollars ($1,000), to which may be 
 added imprisonment in the county jail not less than thirty 
 days nor more than one year ; and for a second or subsequent 
 offense he shall be fined five hundred dollars ($500) and im- 
 prisoned in the state prison not less than one year nor more 
 than three years. (Acts" 1905, p. 584. Burns', 1914, Sec. 
 2548.) 
 
 161. Electrocuting Fish and Hand Fishing Prohibited. 
 
 Sec. 5. Whoever shall take, catch, kill, stun or stupefy any 
 fish in any of the waters of this state by discharging or pass- 
 
 1 Probably in force. 
 
74 
 
 ing an electrical current into or through the waters which 
 constitute the habitat of such fish; or whoever shall take, 
 catch or kill, any fish with the hands unassisted by any me- 
 chanical device, or with any gaff hook or grappling hook or 
 similar device held in the hands, shall on conviction be fined 
 not less than ten dollars ($10) nor more than fifty dollars 
 ($50) for each fish so unlawfully taken, caught, killed, stunned 
 or stupefied: Provided, That the provisions of this section 
 shall not apply to persons who use a gaff hook or similar de- 
 vice for securing any fish that shall at the time be hooked on 
 any legal hook and line, nor for the taking of carp, garfish, 
 dogfish, or suckers. (Acts 1913, p. 368. Burns', 1914, Sec. 
 2548a.) 
 
 162. Private Fish Ponds. Section 1. That it shall be 
 unlawful for any person other than the owner or persons 
 authorized by him to take, catch or attempt to take, catch or 
 make way with any fish, eels or other property in or about 
 a private fish pond, and any person found guilty of any of 
 the provisions of this section shall be deemed guilty of a mis- 
 demeanor and shall be fined in any sum not less than five dol- 
 lars ($5) nor more than one hundred dollars ($100), to which 
 may be added imprisonment in the county jail not less than 
 ten days, nor more than one hundred days. (Acts 1899, p. 26. 
 Burns', 1914, Sec. 2549.) 
 
 163. Killing Fish in Private Ponds. Sec. 2. Any person 
 other than the owner or persons authorized by him who shall 
 kill, or destroy, or attempt to kill or destroy any fish, eels, 
 or other property in or about any private fish pond by means 
 of dynamite, or other explosive, compounds or substance, or 
 by the use of Indian cockle, fish berries, or any other poison- 
 ous substance shall be deemed guilty of a felony and upon 
 conviction thereof, shall be imprisoned in the state prison for 
 a period of one year. (Acts 1899, p. 26. Burns', 1914, Sec. 
 2550.) 
 
 164. Trespassing. Sec. 625. No person shall enter upon 
 any enclosed land for the purpose of setting a trot line, nor 
 shall any person fish in any private pond, without first ob- 
 taining the consent of the owner, lessee or tenant of such 
 premises. Whoever shall violate or attempt to violate the 
 provisions of this section shall, on conviction, be fined not 
 less than five dollars ($5) nor more than twenty-five dollars 
 
75 
 
 ($25). (Acts 1905, p. 584, as amended by Acts 1907, p. 86. 
 Bums', 1914, Sec. 2551.) 
 
 165. Mink and Muskrat. Section 1. It shall be unlaw- 
 ful for any person to take, trap, hunt, shoot or kill any mink 1 
 or muskrat, in the State of Indiana, during the months of 
 April, May, June, July, August, September and October, of 
 any year: Provided, That nothing in this act shall prevent 
 any owner or occupant of real estate in this state, or the 
 owner or manager of any levee, dyke, dam or public drain 
 from killing any of said fur-bearing animals when necessary 
 for the protection of their property. (Acts 1911, p. 8. 
 Burns', 1914, Sec. 2551a.) 
 
 166. Muskrat House. Sec. 2. It shall be unlawful for 
 any person or persons to injure or destroy any muskrat house 
 at any time except where such muskrat house is an obstruc- 
 tion to public or private ditches or watercourses. (Acts 
 1911, p. 8. Burns', 1914, Sec. 2551b.) 
 
 167. Penalty. Sec. 3. Any person who shall violate any 
 provision of this act shall, upon conviction thereof, be deemed 
 guilty of a misdemeanor, and shall be punished by a fine of 
 not less than two dollars ($2.00) nor more than five dollars 
 ($5.00) for each offense. (Acts 1911, p. 8. Burns', 1914, 
 Sec. 2551c.) 
 
 168. Fee to Superintendent of Fisheries and Game, Duties. 
 
 Sec. 9." In all cases of conviction or on pleas of guilty of 
 violating any of the provisions of this act or of any act in 
 relation to or for the protection of fish, game, fur-bearing 
 animals or wild birds, there shall be taxed against each de- 
 fendant so convicted, in favor of the Commissioner [Superin- 
 tendent] of Fisheries and Game, a fee of five dollars ($5), as 
 part of the costs. Said fee shall be promptly paid by the officer 
 collecting the same to the Commissioner [Superintendent] of 
 Fisheries and Game and shall become a part of the fish and 
 game protective and propagation fund. And the Commis- 
 sioner [Superintendent] of Fisheries and Game and his dep- 
 uties are hereby authorized and empowered to make arrests 
 for violations of the laws relating to wild birds and fur-bear- 
 ing animals that are protected by law the same as they are 
 
 1 The words "raccoon, opossum, skunk" were formerly in this act at this place, but 
 were repealed by the Act of 1917, 'p. 438, Sec. 92 above. 
 
76 
 
 now empowered to enforce the laws for the protection of fish 
 and game. (Acts 1913, p. 368. Burns', 1914, Sec. 2553a.) 
 
 169. Powers of Superintendent Not Abridged. Sec. 621V2- 
 Nothing contained in this act shall in any way abridge or re- 
 peal the powers conferred on the Commissioner [Superin- 
 tendent] of Fisheries and Game by the act creating his of- 
 fice, but all the powers and privileges conferred on him by 
 said act are hereby reaffirmed. (Acts 1905, p. 584. Burns', 
 1914, Sec. 2553.) 
 
 170. Fish Ladders. Section 1. The owner or owners of 
 any dam across any of the rivers, streams or water courses 
 in this state, when such dam is of the height of four feet or 
 over, shall, within six months after the passage of this act, 
 construct and maintain fish ladders on such dam sufficient to 
 allow the fish belov/ such dam to pass over such dam into the 
 waters above the same. Such fish ladders to be constructed 
 in such manner and of such material as shall be directed by 
 the Commissioner [Superintendent] of Fisheries of Indiana. 
 (Acts 1885, p. 51. Burns', 1914, Sec. 7442.) 
 
 171. Fish Ladders, Owners Failing to Construct, Town- 
 ship Trustee to Erect. Sec. 2. If the owner or owners of 
 any such dam shall fail or refuse to comply with the provi- 
 sions of the first section of this act, then it shall be the duty 
 of the trustee of the township in which such dam is situated, 
 notwithstanding it may be within some incorporated city or 
 town, to proceed to erect on said dam such ladders as will 
 afford a passage for such migrating fish below over into the 
 waters above such dam, and the cost thereof shall be a debt 
 due from the owner or owners of such dam to said trustee, 
 and shall be a first lien on said dam and water-power, and so 
 much of the real estate on each side of said dam as may be 
 used in connection therewith, belonging to such owners, and 
 necessary to a proper use and enjoyment of such dam and 
 water-power, and if the owner of such dam shall fail or re- 
 fuse to pay the amount thereof to such trustee, on demand, 
 he shall sue and recover the same, and may also have fore- 
 closure of such lien as in case of foreclosure of mortgages, 
 and the court shall order the sale of such dam, water-power 
 and real estate as other real property is sold on execution, 
 without relief from valuation or appraisement laws; and 
 wherever any dam is now located or may be constructed 
 
77 
 
 across any river, stream or water-course forming the bound- 
 ary line between two townships, or between two counties, 
 then the trustee of either township in which any part of said 
 dam is situate, in case of such failure, may construct such 
 ladder and have the same remedy against such owner or 
 owners as is above provided where any such dam is situate 
 wholly intone township. (Acts 1885, p. 51. Burns', 1914, 
 Sec. 7443.) 
 
 172. Fish Ladders on New Dams. Sec. 3. When any 
 dam shall hereafter be constructed across any river, stream 
 or water-course in this state of the height specified in the 
 first section of this act, the owner or owners shall construct 
 on the same such fish ladders as are above provided for, and 
 the duties of township trustees in relation thereto shall be 
 the same as are in this act above provided, and they shall havo 
 the same remedies against the owners thereof on failure to 
 comply with the provisions of this act. (Acts 1885, p. 51. 
 Burns', 1914, Sec. 7444.) 
 
 173. Repairs. Sec. 4. When any such fish ladder shall 
 get out of repair, it shall be the duty of such owner or own- 
 ers to put the same in repair, and if out of repair for thirty 
 days after being notified by such trustee, then the trustee 
 shall make such repairs and recover the cost thereof from 
 such owner or owners in the same manner as above provided 
 in cases of failure to construct such fish ladders. (Acts 
 1885, p. 51. Burns', 1914, Sec. 7445.) 
 
 174. Penalty. Sec. 5. Any person who shall construct 
 any fish trap or other device for catching fish, or shall shoot, 
 spear, gig, or in any manner take or kill any fish on or near 
 any fish ladder constructed on any dam in the State of In- 
 diana, save and except by hook and line, shall be deemed 
 guilty of a misdemeanor, and upon conviction shall be fined 
 in any sum not less than twenty-five dollars ($25) nor more 
 than seventy-five dollars ($75), and the township trustee shall, 
 or any other person may, destroy any fish trap or other device 
 for catching fish, found on or near any such fish ladder. (Acts 
 1885, p. 51. Burns', 1914, Sec. 7446.) 
 
 175. Penalty. Section 1. If any owner of any such dam 
 shall violate or attempt to violate the provisions of the first 
 section of the act to which this act is* supplemental, 1 he shall be 
 
 1 The act referred to is embraced in Sections 170-174 above. 
 
78 
 
 deemed guilty of a misdemeanor, and upon conviction thereof 
 shall be fined not less than ten dollars ($10) nor more than 
 twenty-five (25) dollars. (Acts 1903, p. 193. Burns', 1914, 
 Sec. 7447.) 
 
 176. Duties of Superintendent. Section 2. It shall be the 
 duty of the Commissioner [Superintendent] of Fisheries and 
 Game, or his deputy, to prosecute all violations of the pro- 
 visions of this act, and he is hereby given the authority for 
 such prosecution as he has in the fish and game laws of the 
 state. (Acts 1903, p. 193. Burns', 1914, Sec. 7448.) 
 
 177. Repairs. Sec. 3. When any such fish ladder shall 
 get out of repair it shall be the duty of such owner or owners 
 to put the same in repair within thirty days after being 
 notified by the Commissioner [Superintendent] of Fisheries 
 and Game, or his deputy. Whosoever shall violate or at- 
 tempt to violate the provisions of this section shall be deemed 
 guilty of a misdemeanor, and upon conviction thereof shall 
 be fined not less than ten ($10) dollars nor more than twenty- 
 five ($25) dollars. 1 (Acts 1903, p. 193. Burns', 1914, Sec. 
 7449.) 
 
 178. Academy of Science. Sec. 2. * * * That in all 
 cases of scientific observation he [the Superintendent] shall 
 require a permit from the Indiana Academy of Science. Said 
 Commissioner [Superintendent] shall have power 
 to appoint a deputy or deputies in any county of the state 
 for the purpose of aiding in the enforcement of such laws. 
 * * * (Acts 1899, p. 44. Burns', 1914, Sec. 9360.) 
 
 179. Chief Deputies. Sec. 4. The Commissioner [Su- 
 perintendent] of Fisheries and Game is hereby authorized to 
 employ two chief deputies * * *. (Acts 1911, p. 679. 
 Burns', 1914, Sec. 9366d.) 
 
 180. Fish Hatching by United States. Section 1. That, 
 in order to promote fish culture and the increase of useful 
 food and game fishes in the lakes and streams of the State of 
 Indiana, full authority is granted to the United States Com- 
 missioner of Fisheries and his duly authorized agents to con- 
 duct fish hatching and all operations and investigations con- 
 nected therewith in any manner and at any time that may 
 by them be considered necessary and proper, any fishery or 
 
 1 See Section 174 above. 
 
79 
 
 game laws of the state to the contrary notwithstanding. 
 (Acts 1913, p. 414. Burns', 1914, Sec. 9366e.) 
 
 181. Non-resident Fishing License. Section 1. It shall 
 be unlawful for any person who is a non-resident of the State 
 of Indiana to fish in the waters of this state, without first 
 procuring a license so to do. It shall be the duty of the clerk 
 of the circuit court of any county of this state to issue such 
 license to any non-resident, upon the application of such non- 
 resident person. Such license shall contain a statement of 
 the residence, age, weight, height, color of hair, color of eyes, 
 complexion, and distinctive mark or marks of such licensee, 
 and shall be signed by him in ink. ' Such license shall contain 
 the signature and seal of the Commissioner [Superintendent] 
 of Fisheries and Game, or appointee issuing the same. The 
 Commissioner [Superintendent] of Fisheries and Game may 
 issue such licenses provided for in this section, and shall have 
 power to appoint persons to issue such licenses. Said Com- 
 missioner [Superintendent] of Fisheries and Game shall fur- 
 nish all necessary blank applications and licenses to the said 
 clerks and appointees, and said Commissioner [Superintend- 
 ent] of Fisheries and Game shall give to each appointee as 
 herein provided a certificate showing said appointee to be 
 authorized to issue such license. Before the issuance of any 
 such license, the applicant shall pay to such clerk, Commis- 
 sioner [Superintendent] or appointee, the sum of one dol- 
 lar. Each clerk and appointee shall remit fees collected by 
 virtue of this section and report to the Commissioner of Fish- 
 eries and Game, every thirty days, on the .first day of each 
 month. The Commissioner of Fisheries and Game shall re- 
 port and remit same to the Auditor of State, as a part of 
 the fund hereinafter designated "The Fish and Game Pro- 
 tective and Propagation Fund." 1 Any person securing such 
 license shall have the same in his possession when fishing and 
 shall show the same to the Commissioner [Superintendent] of 
 Fisheries and Game or his deputy upon request: Provided, 
 That the provisions of this act shall not apply to children un- 
 der the age of eighteen years nor to the wife of a man who has 
 procured a license as provided in this section: And, Pro- 
 vided further, That a license to any non-resident person to 
 hunt shall also entitle such non-resident to fish without pro- 
 
 1 Repealed by Conservation Act, Sec. 20. 
 
80 
 
 curing the license as provided in this section, upon his show- 
 ing same to the Commissioner [Superintendent] of Fisheries 
 and Game or his deputy. Whoever shall violate any of the 
 provisions of this section shall be deemed guilty of a mis- 
 demeanor and upon conviction thereof shall be fined not less 
 than five dollars ($5) nor more than twenty-five dollars ($25), 
 and every day this section or any of its provisions is violated 
 shall constitute a separate and distinct offense. (Acts 1911, 
 p. 677. Burns', 1914, Sec. 9366a.) 
 
 182. Bounty for Wolf and Fox Scalps. Section 1. The 
 commissioners of each county may cause to be paid out of 
 the county treasury a sum not exceeding twenty dollars 
 ($20.00) to any person who shall exhibit to them a wolf scalp, 
 and a sum not exceeding five dollars ($5.00) to any person 
 who may exhibit to them a fox scalp: Provided, That such 
 person shall take and subscribe an oath that the wolf or fox, 
 to which such scalp belonged, was killed in the county, and 
 that no reward therefor has been paid him out of such treas- 
 ury. But no more than three dollars ($3.00) shall be paid for 
 the killing of any wolf under the age of six months, nor more 
 than one dollar and fifty cents for the killing of any fox 
 under the age of six months. (Acts 1875, p. 178. Burns', 
 1914, Sec. 6032.) 
 
 183. Bounty for Woodchuck, Owl or Hawk. Section 1. 
 That the board of commissioners of each county may cause 
 to be paid out of the county treasury a sum not exceeding 
 two dollars ($2.00) to any person who shall exhibit to the 
 auditor of the county a woodchuck scalp, or the head of any 
 owl or hawk: Provided, That such person shall take and 
 subscribe an oath that the woodchuck, owl or hawk, to which 
 such scalp or head belonged, was killed in the county, and 
 that no reward therefor has been paid him out of the county 
 treasury: And, provided also, That the provisions of this 
 act shall not apply to sparrow-hawks or screech owls. (Acts 
 1883, p. 190. Burns', 1914, Sec. 6033.) 
 
 184. Crows, Bounty for Killing or for Eggs. Section 1. 
 The county councils and boards of county commissioners of 
 each county in the State of Indiana may appropriate and 
 cause to be paid out of the county treasury a sum not exceed- 
 ing ten cents to any person who shall deliver to the auditor 
 
81 
 
 of the county the head of any common crow, and the fur- 
 ther sum of five cents for each and every crow's egg so ex- 
 hibited in lots not less than ten: Provided, That such per- 
 son shall first take and subscribe an oath that the crow to 
 which such head belonged, was killed in the county, and that 
 such eggs so produced were taken from a crow's nest in the 
 county: Provided, That this act shall not apply to hawks 
 or owls. (Acts 1911, p. 332. Burns', 1914, Sec. 6033a.) 
 
 185. Search Warrants. Sec. 56. Justices of the peace 
 may issue warrants to search any house or place for gill nets, 
 seines, or for any implement or device used or kept for use, 
 for taking fish unlawfully from any of the lakes or streams 
 of this state. (Acts 1905, p. 584. Burns', 1914, Sec. 1923.) 
 
 186. Duty of Township Trustees. Section 1. It shall be 
 the duty of the road supervisors 1 [township trustees] to 
 arrest, or cause to be arrested, and to prosecute, or cause to 
 be prosecuted, any or all persons violating any of the pro- 
 visions of the acts, or any law heretofore or hereafter to 
 be enacted, for the protection of game and fish. And said 
 road supervisors [township trustees] shall be allowed a fee .of 
 five dollars ($5), to be taxed as costs against each person con- 
 victed of violating any of the provisions of said laws. (Acts 
 1889, p. 449. Burns', 1914, Sec. 7810.) 
 
 187. Penalty. Sec. 2. Any road supervisor [township 
 trustee] who shall fail or refuse to discharge the duties of 
 constables as aforesaid, and make or cause to be made said 
 arrests, and prosecute or cause to be prosecuted all cases com- 
 ing to his knowledge of violation of the game or fish laws 
 of the state, shall, upon conviction, be fined in any sum not 
 less than five ($5) nor more than twenty-five dollars ($25). 
 (Acts 1889, p. 449. Burns', 1914, Sec. 7811.) 
 
 1 Acts 1917, page 657 : The office of township road supervisor is hereby abolished and 
 the duties now required of such supervisors shall hereafter be performed by the township 
 trustee. 
 
 616367 
 
82 
 
 Form of Affidavit for Non-resident Hunting or Fishing Without a License. 
 
 The State of Indiana, County, ss: 
 
 Before me, a Justice of the Peace in 
 
 and for the County of and State of Indiana, 
 
 personally came , who, being by me first 
 
 duly sworn, deposes and says: That on or about the day of 
 
 , A. D. 19 , in the County and State 
 
 aforesaid, one did unlawfully, purposely 
 
 and wilfully ( 1 ) 
 
 he, the said , , not then and there being a 
 
 resident of the State of Indiana, and not then and there having obtained 
 a license to (2) within the State of Indiana, contrary to the statute in 
 such case made and provided*, and against the peace and dignity of the 
 State of Indiana. 
 
 Sworn to before me and subscribed in my presence this. 
 day of , A. D. 19 
 
 Justice of the Peace. 
 
 (l)'With gun or dog hunt certain game, describing it, or take or 
 attempt to take, by fishing, certain fish from certain waters of this State, 
 naming them. 
 
 (2) Hunt or fish. 
 
 General Form of Affidavit for Violation of the Fish and Game Laws. 
 
 The State of Indiana, County, ss: 
 
 Before me, a Justice of the Peace in 
 
 and for the County of '. and State of Indiana, 
 
 personally came , who, being by me first 
 
 duly sworn, deposes and says : That on or about the day of 
 
 , A. D. 19 , in the County and State 
 
 aforesaid, one did unlawfully, purposely 
 
 and wilfully (1) 
 
 contrary to the statute in such case made and provided, and against the 
 peace and dignity of the State of Indiana; and further affiant saith not. 
 
 Sworn to before me and subscribed in my presence this, 
 day of , A. D. 19 
 
 Justice of the Peace. 
 (1) Describe the offense. 
 
PART VI. APPENDIX. 
 
 MIGRATORY BIRD TREATY ACT.* 
 
 [Approved July 3, 1918. Public, No. 186, 65th Congress S. 1553.] 
 
 AN ACT To give effect to the convention between the United States and 
 Great Britain for the protection of migratory birds concluded at 
 Washington, August sixteenth, nineteen hundred and sixteen, and for 
 other purposes. 
 
 Be it enacted by the Senate and House of Representatives 
 of the United States of America in Congress assembled, That 
 this Act shall be known by the short title of the ' 'Migratory 
 Bird Treaty Act." 
 
 Sec. 2. That unless and except as permitted by regula- 
 tions made as hereinafter provided, it shall be unlawful to 
 hunt, take, capture, kill, attempt to take, capture or kill, pos- 
 sess, offer for sale, sell, offer to purchase, purchase, deliver 
 for shipment, ship, cause to be shipped, deliver for transporta- 
 tion, transport, cause to be transported, carry or cause to be 
 carried by any means whatever, receive for shipment, trans- 
 portation or carriage, or export, at any time or in any man- 
 ner, any migratory bird, included in the terms of the con- 
 vention between the United States and Great Britain for the 
 protection of migratory birds concluded August sixteenth, 
 nineteen hundred and sixteen, or any part, nest, or egg of any 
 such birds. 
 
 Sec. 3. That subject to the provisions and in order to 
 carry out the purposes of the convention, the Secretary of 
 Agriculture is authorized and directed, from time to time, 
 having due regard to the zones of temperature and to the 
 distribution, abundance, economic value, breeding habits, and 
 times and lines of migratory flight of such birds, to deter- 
 mine when, to what extent, if at all, and by what means, it 
 is compatible, with the terms of the convention to allow hunt- 
 ing, taking, capture, killing, possession, sale, purchase, ship- 
 ment, transportation, carriage, or export of any such bird, or 
 any part, nest or egg thereof, and to adopt suitable regula- 
 
 * To obtain complete Game Laws and Service and Regulatory Announcements write to 
 Bureau of Biological Suryey and ask for Farmer's Bulletin 1010 and S. R. A. B. S. 23. 
 
 (83) 
 
84 
 
 tions permitting and governing the same, in accordance with 
 such determination, which regulations shall become effective 
 when approved by the President. 
 
 Sec. 4. That it shall be unlawful to ship, transport, or 
 carry, by any means whatever, from one state, territory, or 
 district to or through another state, territory, or district, 
 or to or through a foreign country, any bird, or any part, nest, 
 or egg thereof, captured, killed, taken, shipped, transported, or 
 carried at any time contrary to the laws of the state, territory, 
 or district in which it was captured, killed, or taken, or from 
 which it was shipped, transported, or carried. It shall be 
 unlawful to import any bird, or any part, nest, or egg thereof, 
 captured, killed, taken, shipped, transported, or carried con- 
 trary to the laws of any province of the Dominion of Canada 
 in which the same was captured, killed, or taken, or from 
 which it was shipped, transported, or carried. 
 
 Sec. 5. That any employee of the Department of Agricul- 
 ture authorized by the Secretary of Agriculture to enforce 
 the provisions of this act shall have power, without warrant, 
 to arrest any person committing a violation of this act in his 
 presence or view and to take such person immediately for ex- 
 amination or trial before an officer or court of competent juris- 
 diction; shall have power to execute any warrant or other 
 process issued by an officer or court of competent jurisdiction 
 for the enforcement of the provisions of this act; and shall 
 have authority, with a search warrant, to search any place. 
 The several judges of the courts established under the laws 
 of the United States, and United States commissioners may, 
 within their respective jurisdictions, upon proper oath or af- 
 firmation showing probable cause, issue warrants in all such 
 cases. All birds, or parts, nests, or eggs thereof, captured, 
 killed, taken, shipped, transported, carried, or possessed con- 
 trary to the provisions of this act or of any regulations made 
 pursuant thereto shall, when found, be seized by any such 
 employee, or by any marshal or deputy marshal, and upon 
 conviction of the offender, or upon judgment of a court of 
 the United States that the same were captured, killed, taken, 
 shipped, transported, carried, or possessed contrary to the 
 provisions of this act or of any regulation made pursuant 
 thereto, shall be forfeited to the United States and disposed 
 of as directed by the court having jurisdiction. 
 
85 
 
 Sec. 6. That any person, association, partnership, or cor- 
 poration who shall violate any of the provisions of said con- 
 vention or of this act, or who shall violate or fail to comply 
 with any regulation made pursuant to this act, shall be deemed 
 guilty of a misdemeanor and upon conviction thereof shall be 
 fined not more than $500 or be imprisoned not more than six 
 months, or both. 
 
 Sec. 7. That nothing in this act shall be construed to pre- 
 vent the several states and territories from making or enforc- 
 ing laws or regulations not inconsistent with the provisions 
 of said convention or of this act, or from making or enforc- 
 ing laws or regulations which shall give further protection to 
 migratory birds, their nests, and eggs, if such laws or regula- 
 tions do not extend the open season for such birds beyond 
 the dates approved by the President in accordance with sec- 
 tion three of this act. 
 
 Sec. 8. That until the adoption and approval, pursuant to 
 section three of this act, of regulations dealing with migra- 
 tory birds and their nests and eggs, such migratory birds 
 and their nests and eggs as are intended and used exclusively 
 for scientific or propagating purposes may be taken, captured, 
 killed, possessed, sold, purchased, shipped, and transported for 
 such scientific or propagating purposes if and to the extent 
 not in conflict with the laws of the state, territory, or district 
 in which they are taken, captured, killed, possessed, sold, or 
 purchased, or in or from which they are shipped or trans- 
 ported if the packages containing the dead bodies or the nests 
 or eggs of such birds when shipped and transported shall be 
 marked on the outside thereof so as accurately and clearly 
 to show the name and address of the shipper and the con- 
 tents of the package. 
 
 Sec. 9. That the unexpended balances of any sums ap- 
 propriated by the agricultural appropriation acts for the fis- 
 cal years nineteen hundred and seventeen and nineteen hun- 
 dred and eighteen, for enforcing the provisions of the act ap- 
 proved March fourth, nineteen hundred and thirteen, relat- 
 ing to the protection of migratory game and insectivorous 
 birds, are hereby reappropriated and made available until ex- 
 pended for the expenses of carrying into effect the provisions 
 of this act and regulations made pursuant thereto, including 
 the payment of such rent, and the employment of such per- 
 
86 
 
 sons and means, as the Secretary of Agriculture may deem 
 necessary, in the District of Columbia and elsewhere, co-oper- 
 ation with local authorities in the protection of migratory 
 birds, and necessary investigations connected therewith: 
 Provided, That no person who is subject to the draft for serv- 
 ice'in the Army and Navy shall be exempted or excused from 
 such service by reason of his employment under this act. 
 
 Sec. 10. That if any clause, sentence, paragraph, or part 
 of this act shall, for any reason, be adjudged by any court of 
 competent jurisdiction to be invalid, such judgment shall not 
 affect, impair, or invalidate the remainder thereof, but shall 
 be confined in its operation to the clause, sentence, paragraph, 
 or part thereof directly involved in the controversy in which 
 such judgment shall have been rendered. 
 
 Sec. 11. That all acts or parts of acts inconsistent with 
 the provisions of this act are hereby repealed. 
 
 Sec. 12. Nothing in this act shall be construed to pre- 
 vent the breeding of migratory game birds on farms and 
 preserves and the sale of birds so bred under proper regu- 
 lation for the purpose of increasing the food supply. 
 
 Sec. 13. That this act shall become effective immediately 
 upon its passage and approval. 
 
 REGULATIONS, MIGRATORY BIRD TREATY ACT. 
 
 (In so far as they pertain to the State of Indiana.) 
 
 REGULATION 1. DEFINITIONS OF MIGRATORY BIRDS. 
 
 Migratory birds, included in the terms of the convention 
 between the United States and Great Britain for the protec- 
 tion of migratory birds, concluded August 16, 1916, are as 
 follows : 
 
 1. Migratory game birds: 
 
 (a) Anatidae, or waterfowl, including brant, wild ducks, 
 geese, and swans. 
 
 (6) Gruidae, or cranes, including little brown, sandhill, 
 and whooping cranes. 
 
 (c) Rallidae, or rails, including antes, gallinules, and 
 sora and other rails. 
 
 (d) Limicolae, or shorebirds, including avocets, curlews, 
 dowitchers, godwits, knots, oyster catchers, phalaropes, 
 
87 
 
 plovers, sandpipers, snipe, stilts, surf birds, turnstones, willet, 
 woodcock, and yellowlegs. 
 
 (e) Columbidae, or pigeons, including doves and wild 
 pigeons. 
 
 2. Migratory insectivorous birds: Bobolinks, catbirds, 
 chickadees, cuckoos, flickers, flycatchers, grosbeaks, hum- 
 mingbirds, kinglets, martins, meadowlarks, nighthawks or 
 bullbats, nuthatches, orioles, robins, shrikes, swallow, swifts, 
 tanagers, titmice, thrushes, vireos, warblers, waxwings, whip- 
 poor-wills, woodpeckers, and wrens, and all other perching 
 birds which feed entirely or chiefly on insects. 
 
 3. Other migratory nongame birds: Auks, auklets, bit- 
 terns, fulmars, gannets, grebes, guillemots, gulls, herons, 
 jaegers, loons, murres, petrels, puffins, shearwaters and terns. 
 
 REGULATION 2. DEFINITIONS OF TERMS. 
 
 For the purposes of these regulations the following terms 
 shall be construed, respectively, to mean 
 
 Secretary. The Secretary of Agriculture of the United 
 States. 
 
 Person. The plural or the singular, as the case demands, 
 including individuals, associations, partnerships, and corpora- 
 tions, unless the context otherwise requires. 
 
 Take. The pursuit, hunting, capture, or killing of migra- 
 tory birds in the manner and by the means specifically per- 
 mitted. 
 
 Open Season. The time during which migratory birds 
 may be taken. 
 
 Transport. Shipping, transporting, carrying, exporting, 
 receiving or delivering for shipment, transportation, carriage, 
 or export. 
 
 REGULATION 3. MEANS BY WHICH MIGRATORY GAME BIRDS 
 
 MAY BE TAKEN. 
 
 The migratory game birds specified in Regulation 4 hereof 
 may be taken during the open season with a gun only, not 
 larger than number 10 gauge, fired from the shoulder., ex- 
 cept as specifically permitted by Regulations 7, 8, 9, and 10 
 hereof; they may be taken during the open season from the 
 land and water, from a blind or floating device (other than 
 an airplane, powerboat, sailboat, or any boat under sail), 
 with the aid of a dog, and the use of decoys. 
 
88 
 
 REGULATION 4. OPEN SEASONS ON AND POSSESSION OF CER- 
 TAIN MIGRATORY GAME BIRDS. 
 
 For the purpose of this regulation, each period of time 
 herein prescribed as an open season shall be construed to in- 
 clude the first and last days thereof. 
 
 Waterfowl (except wood duck, eider ducks, and swans), 
 rails, coot, gallinules, black-bellied and golden plovers, greater 
 and lesser yellowlegs, woodcock, Wilson snipe or jacksnipe, 
 and mourning and white-winged doves may be taken each 
 day from half an hour before sunrise to sunset during the 
 open seasons prescribed therefor in this regulation, by the 
 means and in the numbers permitted by Regulations 3 and 5 
 hereof, respectively, and when so taken, each species may 
 be possessed any day during the respective open seasons 
 herein prescribed therefor and for an additional period of 10 
 days next succeeding said open season. 
 
 Waterfowl (except wood duck, eider ducks, and swans), 
 coot, gallinules, and Wilson snipe or jacksnipe. The open 
 seasons for waterfowl (except wood duck, eider ducks, and 
 swans), coot, gallinules, and Wilson snipe or jacksnipe shall 
 be as follows : 
 
 In Indiana, the open season shall be from September 16 
 to December 31. 
 
 Rails (except coot and gallinules.) The open season for 
 sora and other rails (except coot and gallinules) shall be 
 from September 1 to November 30. 
 
 Black-bellied and golden plovers and greater and lesser 
 yellowlegs. The open seasons -for black-bellied and golden 
 plovers and greater and lesser yellowlegs shall be as f ollows : 
 
 In Indiana, the open season shall be from September 16 to 
 December 31. 
 
 Woodcock. The open seasons for woodcock shall be as 
 follows : 
 
 In Indiana, the open season shall be from October 1 to 
 November 30. 
 
 REGULATION 5. BAG LIMITS ON CERTAIN MIGRATORY GAME 
 
 BIRDS. 
 
 A person may take in any one day during the open seasons 
 prescribed therefor in Regulation 4 not to exceed the follow- 
 ing numbers of migratory game birds : 
 
89 
 
 Ducks (except wood duck and eider ducks.) Twenty-five 
 in the aggregate of all kinds. 
 
 Geese. Eight in the aggregate of all kinds. 
 
 Brant. Eight. 
 
 Rails, coot, and gallinules. Twenty-five in the aggregate 
 of all kinds. 
 
 Black-bellied and golden plovers and greater and lesser 
 yello'wlegs. Fifteen in the aggregate of all kinds. 
 
 Wilson snipe, or jacksnipe. Twenty-five. 
 
 Woodcock. Six. 
 
 REGULATION 6. SHIPMENT AND TRANSPORTATION OF CERTAIN 
 MIGRATORY GAME BIRDS. 
 
 Waterfowl (except wood duck, eider ducks, and swans), 
 rails, coot, gallinules, black-bellied and golden plovers, greater 
 and lesser yellowlegs, woodcock, Wilson snipe or jacksnipe, 
 and mourning and white-winged doves and parts thereof 
 legally taken may be transported in or out of the state where 
 taken during the respective open seasons in that state, and 
 may be imported from Canada during the open season in the 
 province where taken, in any manner, but not more by one 
 person in one calendar week than the number that may be 
 taken under these regulations in two days by one person; 
 any such migratory game birds or parts thereof in transit 
 during the open season may continue in transit such addi- 
 tional time immediately succeeding such open season, not to 
 exceed five days, necessary to deliver the same to their desti- 
 nation; and any package in which migratory game birds or 
 parts thereof are transported shall have the name and address 
 of the shipper and of the consignee and an accurate state- 
 ment of the numbers and kinds of birds contained therein 
 clearly and conspicuously marked on the outside thereof; but 
 no such birds shall be transported from any state, territory, 
 or district to or through another state, territory, or district, 
 or to or through a province of the Dominion of Canada con- 
 trary to the laws of the state, territory, or district, or 
 province of the Dominion of Canada in which they were taken 
 or from which they are transported ; nor shall any such birds 
 be transported into any state, territory, or district from an- 
 other state, territory, or district, or from any state, territory, 
 or district into any province of the Dominion of Canada at a 
 
90 
 
 time when such state, territory, or district, or province of the 
 Dominion of Canada prohibits the possession or transporta- 
 tion thereof. 
 
 REGULATION 7. TAKING OF CERTAIN MIGRATORY NONGAME 
 BIRDS BY ESKIMOS AND INDIANS IN ALASKA. 
 
 In Alaska Eskimos and Indians may take for the use of 
 themselves and their immediate families, in any manner and 
 at any time, and possess and transport auks, auklets, guille- 
 mots, murres, and puffins and their eggs for food, and their 
 skins for clothing. 
 
 REGULATION 8. PERMITS TO PROPAGATE AND SELL MIGRATORY 
 
 WATERFOWL. 
 
 1. A person may take in any manner and at any time 
 migratory waterfowl and their eggs for propagating purposes 
 when authorized by a permit issued by the Secretary. 1 
 Waterfowl and their eggs so taken may be possessed by the 
 permittee and may be sold and transported by him for propa- 
 gating purposes to any person holding a permit issued by the 
 secretary 1 in accordance with the provisions of this regula- 
 tion. 
 
 2. A person authorized by a permit issued by the secre- 
 tary 1 may possess, buy, sell, and transport migratory water- 
 fowl and their increase and eggs in any manner and at any 
 time for propagating purposes; and migratory waterfowl, 
 except the birds taken under paragraph 1 of this regulation, 
 so possessed may be killed by him in any manner except by 
 shooting, and the unplucked carcasses and the plucked car- 
 casses with heads attached thereto of the birds so killed may 
 be sold and transported by him in any manner and at any time 
 to any person for actual consumption, or to the keeper of a 
 hotel, restaurant, or boarding house, retail dealer in meat or 
 game, or a club, for sale or service to their patrons, who may 
 possess such carcasses for actual consumption without a per- 
 mit. 
 
 3. Any package in which such waterfowl or parts thereof 
 or their eggs are transported shall have plainly and conspicu- 
 ously marked on the outside thereof the name and address 
 
 1 In Indiana, a further permit must be obtained from the director of the Department 
 of Conservation at Indianapolis, Indiana. 
 
91 
 
 of the permittee, the number of his permit, the name and 
 address of the consignee, and an accurate statement of the 
 number and' kinds of birds or eggs contained therein. 
 
 4. Applications for permits must be addressed to the 
 Secretary of Agriculture, Washington, D. C., and must con- 
 tain the following information: Name and address of appli- 
 cant ; place where the business is to be carried on ; number of 
 acres of land used in the business and whether owned or 
 leased by the applicant ; number of each species of waterfowl 
 in possession of applicant; names of species and number of 
 birds or eggs of each species if permission is asked to take 
 waterfowl or their eggs; and the particular locality where it 
 is desired to take such waterfowl or eggs. 1 
 
 5. A person granted a permit under this regulation shall 
 keep books and records which shall correctly set forth the 
 total number of each species of waterfowl and their eggs 
 possessed on the date of application for the permit and on the 
 first day of January next following; also for the calendar 
 year for which permit was issued the total number of each 
 species reared and killed, number of each species and their 
 eggs sold and transported, manner in which such waterfowl 
 and eggs were transported, name and address of each person 
 from or to whom waterfowl and eggs were purchased or sold, 
 together with number and species and whether sold alive or 
 dead; and the date of each transaction. A written report 
 correctly setting forth this information shall be furnished the 
 secretary, during the month of January next following the 
 issuance of the permit. 2 
 
 6. A permittee shall at all reasonable hours allow any 
 authorized employee of the United States Department of 
 Agriculture to enter and inspect the premises where opera- 
 tions are being carried on under this regulation and to inspect 
 the books and records of such permittee relating thereto. 
 
 7. Permits issued under this regulation shall be valid only 
 during the calendar year of issue, shall not be transferable, 
 and may be revoked by the secretary, 3 if the permittee violates 
 any of the provisions of the Migratory Bird Treaty Act or of 
 the regulations thereunder. 
 
 1 An application containing the same information must be addressed to the director of 
 the Department of Conservation at Indianapolis, Indiana. 
 
 2 And a duplicate of the report to the director of the Department of Conservation at 
 Indianapolis, Indiana. 
 
 3 Or by the director of the Department of Conservation, as the case may be. 
 
92 
 
 8. A person engaged in the propagation of migratory 
 waterfowl on the date on which these regulations become ef- 
 fective will be allowed until September 30, 1918/to apply for 
 the permit required by this regulation, but he shall not take 
 any migratory watrefowl without a permit. 
 
 REGULATION 9. PERMITS TO COLLECT MIGRATORY BIRDS FOR 
 SCIENTIFIC PURPOSES. 
 
 A person may take in any manner and at any time migra- 
 tory birds and their nests and eggs for scientific purposes 
 when authorized by a permit issued by the secretary, 1 which 
 permit shall be carried on his person when he is collecting 
 specimens thereunder and shall be exhibited to any person 
 requesting to see the same. 
 
 Application for a permit must be addressed to the Secre- 
 tary of Agriculture, Washington, D. C. 1 and must contain the 
 following information: Name and address of applicant and 
 name of state, territory, or district in which specimens are 
 proposed to be taken and the purpose for which they are in- 
 tended. Each application shall be accompanied by certifi- 
 cates from two well-known ornithologists that the applicant 
 is a fit person to be entrusted with a permit. 
 
 The permit will authorize the holder thereof to possess, 
 buy, sell, and transport in any manner and at any time mi- 
 gratory birds, parts thereof, and their nests and eggs for 
 scientific purposes. Public museums, zoological parks and so- 
 cieties, and public scientific and educational institutions may 
 possess, buy, sell, and transport in any manner and at any 
 time migratory birds and parts thereof, and their nests and 
 eggs for scientific purposes without a permit, but no speci- 
 mens shall be taken without a permit. 
 
 Permits shall be valid only during the calendar year of 
 issue, shall not be transferable, and shall be revocable in the 
 discretion of the secretary. 1 A person holding a permit shall 
 report to the secretary 1 on or before January 10 following 
 its expiration the number of skins, nests, or eggs of each 
 species collected, bought, sold, or transported. 
 
 Every package in which migratory birds or their nests or 
 eggs are transported shall have clearly and conspicuously 
 marked on the outside thereof the name and address of the 
 
 And the director of the Department of Conservation at Indianapolis, Indiana. 
 
93 
 
 sender, the number of the permit in every case when a per- 
 mit is required, the name and address of the consignee, a 
 statement that it contains specimens of birds, their nests, or 
 eggs for scientific purposes, and, whenever such a package is 
 transported or offered for transportation from the Dominion 
 of Canada into the United States or from the United States 
 into the Dominion of Canada, an accurate statement of the 
 contents. 
 
 REGULATION 10. PERMITS TO KILL MIGRATORY BIRDS INJURI- 
 OUS TO PROPERTY. 
 
 When information is furnished the secretary that any 
 species of migratory bird has become, under extraordinary 
 conditions, seriously injurious to agriculture or other inter- 
 ests in any particular community, an investigation will be 
 made to determine the nature and extent of the injury, 
 whether the birds alleged to be doing the damage should be 
 killed, and, if so, during what times and by what means. 
 Upon his determination an appropriate order will be made. 
 
94 
 
 (I) BIRDS OPEN SEASON; DAY'S BAG LIMIT 
 
 (Where the laws conflict, the Federal law prevails) 
 
 Actual Open Season in Black-facd Type. 
 
 Species 
 
 Open Season 
 
 Bag Limits 
 
 State Law 
 
 Federal Law* 
 
 State Law 
 
 Federal 
 Law 
 
 Black-bellied Plover 
 
 
 Sept. 16-Dec. 31 
 (Half hour before sun- 
 rise o sunset). 
 
 
 15 
 
 Brant 
 
 Sept. 1-Apr. 15 
 (Sunrise to Sun- 
 set). 
 
 Sept. 16-Dec. 31 '... 
 (Half hour before sun- 
 rise to sunset) . 
 
 15 and not to exceed 
 45 for 3 or more 
 successive days. 
 
 8 
 
 Coot 
 
 
 Sept. 16-Dec. 31. ... 
 (Half hoar before sin- 
 rise to sunset). 
 
 
 25 
 
 Ducksf 
 
 Sept. 1-Apr. 15 
 (Sunrise to Sun- 
 set). 
 
 Sept. 16-Dec. 31 
 (Half hour before sun- 
 rise to sunset). 
 
 15 and not to exceed 
 45 for 3 or more 
 successive days. 
 
 25 
 
 Gallinules 
 
 
 Sept 16.-Dec. 31 
 (Half hour before sun- 
 rise to sunset). 
 
 
 25 
 
 Geese 
 
 Sept. 1-Apr. 15... 
 
 Sept. 16-Dec. 31 
 (Half hour before sun- 
 rise to sunset). 
 
 15 and not to exceed 
 45 for 3 or more 
 successive days. 
 
 8 
 
 Golden Plover 
 
 
 Sept. 16-Dec. 31 
 (Half hour before sun- 
 rise to sunset.) 
 
 
 15 
 
 Greater Yellowlegs.. 
 
 
 Sept. 16-Dec. 31 
 (Half hour before sun- 
 rise to sunset). 
 
 
 15 
 
 Jack Snipe 
 
 
 Sept. 16-Dec. 31 
 (Half hour before sun- 
 rise to sunset). 
 
 
 25 
 
 Lesser Yellowlegs.. . 
 
 
 Sept. 16-Dec. 31 
 (Half hour before sun- 
 rise to sunset). 
 
 
 15 
 
 Prairie Chicken 
 Quail 
 
 Oct. 15-Nov. 1... 
 Nov. 10-Dec. 20. 
 
 
 5 
 
 15 and not to exceed 
 45 far 3 or moie 
 successive days. 
 
 
 
 Rails 
 
 
 Sept. 1-Nov. 30 
 (Half hour before sun- 
 rise to sunset. 
 
 
 25 
 
 Ruffed Grouse 
 
 Nov. 10-Dec. 20.. 
 
 
 None 
 
 
 Wilson Snipe 
 
 
 Sept. 16-Dec. 31 
 (Half hour before sun- 
 rise to sunset). 
 
 
 25 
 
 Woodcock 
 
 July 1-Jan. 1 
 
 Oct. 1-Nov. 30 
 (Half hour before sun- 
 rise to sunset). 
 
 None 
 
 6 
 
 *In all cases includes first and last days given. 
 fDoes not include wood duck or eider dJck. 
 
95 
 
 (2) BIRDS PERENNIAL CLOSED SEASON 
 
 
 (State or Federal Law or both) 
 
 
 Auks 
 
 Hummingbirds 
 
 Shrikes 
 
 Auklets 
 
 Hungarian Partridges 
 
 Silver Pheasant* 
 
 . \vo.-vts 
 
 Hungarian Pheasants'] 
 
 Snipes 
 
 Bitterns 
 
 Jaegers 
 
 Stilts 
 
 Bobolinks 
 
 Kinglets 
 
 Surf Birds 
 
 Bullbats 
 
 Knots 
 
 Swallows 
 
 Catbirds 
 
 Little Brown Cranes 
 
 Swans 
 
 Chickadees 
 
 Loons 
 
 Swifts 
 
 Copper Pheasants 
 
 Martins 
 
 Tanagers 
 
 Cranes 
 
 Meadowlarks 
 
 Terns 
 
 Cuckoos 
 
 Mourning Doves 
 
 Thrushes 
 
 Cfertan 
 
 Murres 
 
 Titmice 
 
 Doves 
 
 Night Hawks 
 
 Tragopan Pheasants 
 
 Dowitchers 
 
 Nuthatches 
 
 Turkeys 
 
 Eider Ducks 
 
 Orioles 
 
 Turnstones 
 
 Flickers 
 
 Oyster Catchers 
 
 Vireos 
 
 Flycatchers 
 
 Partridges 
 
 Warblers 
 
 Fulmars 
 
 Petrels 
 
 Waxwings 
 
 Gannets 
 
 Phalaropes 
 
 Whip-poor-wills 
 
 Godwits 
 
 Pheasants 
 
 White Winged Doves 
 
 Golden Pheasants 
 
 Pigeons 
 
 Whooping Cranes 
 
 Grebes 
 
 Puffins 
 
 Willets 
 
 Green Japanese Pheasants 
 
 Ring-Neck Mongolian 
 
 Wood Ducks 
 
 Grosbeaks 
 
 Pheasants 
 
 Woodpeckers 
 
 Guillemots 
 
 Robins 
 
 Wrens 
 
 Gulls 
 
 Sandhill Cranes 
 
 
 Herons 
 
 Sandpipers 
 
 All other Insect. ivoros Perching 
 
 Homing Pigeons 
 
 Shearwaters 
 
 Birds 
 
 Birds of Prey 
 Black Birds 
 
 (3) BIRDS PERENNIAL OPEN SEASON 
 
 Crows Hawks 
 
 E iglish Sparrows 
 
 (4) GAME OPEN SEASON 
 
 Species 
 
 Open Season 
 
 Any kind of game, except Rabbits 
 Beaver* 
 Fox* 
 Minkt 
 Muskratf 
 Opossum * 
 Otter* 
 Rabbits 
 Raccoon* 
 
 April 1- December 20. 
 November 20-February 2. 
 November 20-February 2. 
 November 1-April 1. 
 November 1-April 1. 
 November 20-February 2. 
 November 20-February 2. 
 December 20-January 10. 
 November 20- February 2. 
 
 Skunk* 
 Squirrels 
 
 November 20-February 2. 
 August 1-December 1. 
 
 *Any person may kill beaver, raccoon, fox, otter, opossum and skunk during the closed season, on 
 his own premises, when found injuring or destroying property, and may have them in his possession for 
 breeding purposes. 
 
 fAny owner or tenant may kill mink and muskrats during the closed season when found injuring any 
 evee, dike, dam or public drain. 
 
96 
 
 (5) FISH NUMBER AND LENGTH LIMIT 
 
 Species 
 
 Number Limited Which May 
 Be Taken in One Day 
 
 Species 
 
 Minimum Length Which 
 May Be Taken 
 
 Bass... 
 Bluegills 
 
 12; 20 for total occupants of boat.. . 
 50 
 
 Black Bass 
 
 10 inches 
 
 Crappies . . . 
 
 50 
 
 Pickerel 
 
 12 inches 
 
 Sunfish 
 Trout* 
 
 50 
 20 
 
 Pike-Perch 
 Rock Bass 
 
 12 inches 
 6 inches 
 
 
 
 Trout* 
 
 
 
 
 Wall-Eyed Pike 
 
 12 inches 
 
 
 
 
 
 *The open season for trout is from April 1 to September 1. 
 
 (6) BOUNTIES ON PREDATORY ANIMALS 
 
 The following schedule of bounties on predatory animals may be paid by the several counties of th 
 state in the discretion of the Board of Commissioners. 
 
 Maximum Amount 
 
 Crow* 
 
 Crows' Eggs 
 
 Fox (Adult) 
 
 Fox (under 6 months) . . 
 
 Hawkf 
 
 Owlf 
 
 Wolf (Adult) 
 
 Wolf (under 6 months) . 
 Woodchuck 
 
 I .10 
 .05 
 5.00 
 1.50 
 2.00 
 2.00 
 
 20.00 
 3.00 
 2.00 
 
 *Does not include hawks or owls. 
 
 "When exhibited in lots of not less than ten. 
 
 fExcept sparrow hawks and screech owls. 
 
INDEX 
 
 Page 
 
 Abstracts, Custody of 15 
 
 Academy of Science 
 
 nomination of members of conservation commission 5 
 
 permits for investigations 78 
 
 Acid 73 
 
 Affidavits, Form 
 
 non-resident hunting or fishing 82 
 
 violation of fish and game laws 82 
 
 Agent, Nursery Stock 12, 33, 34 
 
 Agriculture 11 
 
 Agriculture, Board of 31, 35 
 
 Airplane, Taking Game 87 
 
 Anatidae 54, 86 
 
 Animals, Bred in Captivity 56 
 
 Antes '. 86 
 
 Apiaries 
 
 definition 38 
 
 inspection 12 
 
 state entomologist inspector 36 
 
 Appeals, Destruction of affected nursery stock 40 
 
 Appropriations 18 
 
 Arbor Day 46 
 
 Artificial Bait, Trout 65 
 
 Assistants in Conservation Department 
 
 appointment 6 
 
 assigned to other departments 6 
 
 compensation when assigned to other departments 6 
 
 examination to test qualifications 6 
 
 qualifications 6 
 
 removal 6 
 
 salary 6 
 
 supervision of director 6 
 
 warrants and processes 10 
 
 Attorney-General 
 
 concurrent powers t 21 
 
 eminent domain 20 
 
 rights of way 46 
 
 violations of gas laws 23 
 
 Auditor of State, Rights of Way 46 
 
 Auklets 87, 95 
 
 Auks 87, 95 
 
 Automobiles, Hunting with prohibited 50 
 
 Avocets 86, 95 
 
 7-16367 (97) 
 
98 
 
 Bag Limits Page 
 
 brant 89 
 
 black-bellied plover 89 
 
 coot 89 
 
 ducks 89 
 
 eider ducks 89 
 
 gallinules 89 
 
 geese 89 
 
 golden plover . . . . 89 
 
 greater yellowlegs 89 
 
 jack snipe 89 
 
 lesser yellowlegs 89 
 
 rails 89 
 
 Wilson snipe 89 
 
 woodcock . . /. 89 
 
 wood ducks 89 
 
 Bait 
 
 for trout 65 
 
 in Lake Michigan 68 
 
 medicated 73 
 
 Bass 
 
 bag limit 72, 96 
 
 sale 63 
 
 transporting 62 
 
 Beavers, Closed Season 49 
 
 Bee Culture, Report. 37 
 
 Beekeepers, Foul Brood 12,38 
 
 Beekeeping 11 
 
 Bees 
 
 appliances 8 
 
 control of diseases 8 
 
 diseases 13, 36, 37 
 
 inspection /. . . 12, 36 
 
 transfer 37 
 
 Birds 
 
 bag limits 88, 94 
 
 bred in captivity 56 
 
 carrying out of state 58 
 
 closed season 95 
 
 collections 92 
 
 hunting on Sunday 55 
 
 migratory bird treaty act 83 
 
 non-resident hunting licenses 58 
 
 open season 88, 94 
 
 permits to take 54 
 
 possession 88 
 
 propagation 16 
 
 resident hunting licenses 56 
 
 scientific purposes 54, 85 
 
 shooting, sale, trapping 54 
 
Birds' Eggs Page 
 
 destruction 54 
 
 migratory act 83 
 
 permits to take 54 
 
 scientific purposes 54 
 
 Birds' Nests 
 
 destruction 54 
 
 migratory act 83 
 
 permits to take 54 
 
 scientific purposes 54 
 
 Birds of Prey 54, 95 
 
 Bitterns 87, 95 
 
 Black Bass 
 
 in Lake Michigan 69 
 
 length limits 67, 96 
 
 sale 63 
 
 transportation 62 
 
 Black Birds .' 54, 95 
 
 Blackbellied Plover 
 
 bag limit 89, 94 
 
 open season 88, 94 
 
 Blue Gills 
 
 bag limit . . . , 72, 96 
 
 sale 63 
 
 transportation 62 
 
 Board of Agriculture 31, 35 
 
 Boats 
 
 fishing Lake Michigan 70 
 
 hunting with 53, 87 
 
 Bobolinks 87, 95 
 
 Bottles, Fishing with 62 
 
 Bounties 80, 96 
 
 Brant 
 
 bag limit ' 89, 94 
 
 carrying out of state 58 
 
 closed season 52, 94 
 
 definition 86 
 
 lawful to shoot 54 
 
 Breeding Animals 
 
 authorized 49, 50, 51 
 
 birds under migratory act 86 
 
 quail * 52 
 
 ruffled grouse 52 
 
 Breeding Grounds 
 
 establishment 61 
 
 for trout 64 
 
 Brook Trout 
 
 defined 66 
 
 in Lake Michigan 69 
 
100 
 
 Page 
 
 Bullbats 87, 95 
 
 Bulletins, Conservation Commission 9 
 
 Canada, Migratory Bird Act 83, 89 
 
 Carp 74 
 
 Cast Net 61 
 
 Cat Birds 87, 95 
 
 Chickadees 87, 95 
 
 Chickens, Injury while hunting 55 
 
 Chiefs of Divisions 
 
 administration of oaths 8 
 
 appointed and removed by director 6 
 
 certification of official acts 8 
 
 director as acting chief 6 
 
 examination to test qualifications 6 
 
 information 8 
 
 list of '. 10 
 
 management of divisions. : 10 
 
 production of documents and testimony 8 
 
 qualifications 6 
 
 recommend appointment and removal of inspectors, assistants 
 
 and employees 6 
 
 report 10 
 
 salary 6 
 
 subpoenas 8 
 
 warrants and processes , 10 
 
 witnesses 8 
 
 Children, Fishing Licenses 79 
 
 Chubs 68 
 
 Circuit Court 8 
 
 Clay 11 
 
 Clerk of Circuit Court 
 
 hunting license 56, 59 
 
 non-resident fishing licenses 79 
 
 resident fishing license 56 
 
 rules of conservation commission 7 
 
 Closed Season 
 
 beaver 49, 95 
 
 birds 95 
 
 black-bellied plover 88 
 
 brant 52 
 
 breeding grounds 61 
 
 coots 88 
 
 defined 88 
 
 ducks 52, 88 
 
 eider duck 88 
 
 fox 49, 95 
 
 gallinules 88 
 
 game 95 
 
M 
 
 Closed Season Continued Page 
 
 geese 52 
 
 golden plover 88 
 
 greater yellow legs 88 
 
 jacksnipe 88 
 
 lesser yellow legs 88 
 
 mink 75, 95 
 
 mourning doves 88 
 
 muskrat 75, 95 
 
 opossum 49, 95 
 
 otter 49, 95 
 
 partridge 51 
 
 pheasant 51 
 
 prairie chicken 51 
 
 quail 52 
 
 rabbits 56, 95 
 
 raccoon 49, 95 
 
 rails - 88 
 
 ruffled grouse 52 
 
 skunk 49, 95 
 
 squirrels 53, 95 
 
 sora 88 
 
 swans 88 
 
 trout 65 
 
 waterfowl 52, 55, 88 
 
 whitewinged doves 88 
 
 Wilson snipe 88 
 
 woodcock 55, 88 
 
 wood duck 88 
 
 Coal 11, 15 
 
 Coal-Tar 73 
 
 Cocculus Indicus 73 
 
 Cockle 67 
 
 Collections, Birds, Eggs, Nests 92 
 
 Columbidae 87 
 
 Commission, Conservation 5 
 
 Commissioners of County, Bounties 80 
 
 Common Carrier 
 
 carrying fish out of state 62 
 
 carrying game out of state 58, 89 
 
 carrying trees 14 
 
 nursery stock 35 
 
 Conservation Commission 
 
 administration of oaths 8 
 
 appointment '. 5 
 
 appointment of director 5 
 
 salary of director 6 
 
 approve appointment of chiefs of divisions 6 
 
 approve co-operation with other state departments 6 
 
 approve removal of chiefs of divisions. . 6 
 
102 
 
 i 
 
 Conservation Commission Continued Page 
 
 certification of official acts 8 
 
 chairman 7 
 
 compensation 5 
 
 co-operation in making investigations and reports 8 
 
 determine compensation of employees 6 
 
 granting rights of way 46 
 
 investigations , 7 
 
 membership 5 
 
 nominations by Academy of Science 5 
 
 vacancies 5 
 
 obstructing 20 
 
 organizations 7 
 
 political divisions 5 
 
 powers and duties 7, 8 
 
 production of documents and testimony 8 
 
 publications 9 
 
 quorum 7 
 
 removal of commissioners 5 
 
 report to governor 9 
 
 require information 8 
 
 rules and regulations 7 
 
 subpoenas 8 
 
 tenure of office 5 
 
 testing of fitness of employees 6 
 
 traveling expenses and allowances 5 
 
 warrants and processes 10 
 
 witnesses 8 
 
 Conservation, Department of 5 
 
 Conservation of Natural Resources 7 
 
 Contempt of Court 9 
 
 Convicts, Use by Conservation Commission 14, 15 
 
 Coots 54, 88, 89, 94 
 
 Copper Pheasant 51, 95 
 
 County Agent, Deputy State Entomologist 45 
 
 County Commissioners, Bounties 80 
 
 County Council, Bounties 80 
 
 Cow, Injury while hunting 55 
 
 Cranes 86, 95 
 
 Crappie 
 
 bag limit 72, 96 
 
 length limit 67, 96 
 
 Crops 31 
 
 Crows, Bounties 80, 96 
 
 Crows, Lawful hunting 54, 95 
 
 Crows' Eggs, Bounties 80, 96 
 
 Cuckoos 87, 95 
 
 Curlews . 54, 86, 95 
 
Hi:; 
 
 Dams Page 
 
 fish ladders 76 
 
 fish traps 63 
 
 injury to ' 75 
 
 Deadfalls 
 
 destruction 48 
 
 inspection and removal of animals caught 48 
 
 manner of setting 48 
 
 written consent 48 
 
 Dealer's Licenses Nursery Stock 
 
 fees 34 
 
 issuance 12, 33 
 
 misrepresentation 34 
 
 revocation 34 
 
 Decoys 87 
 
 Deeds, Custody of 15 
 
 Deer 
 
 carrying out of state 58 
 
 hunting prohibited 50 
 
 Department of Conservation 
 
 co-operation in investigations 8 
 
 creation 5 
 
 powers and duties 7 
 
 Deputies of Department of Conservation 
 
 appointment 6 
 
 assigned to other departments 6 
 
 compensation where assigned to other departments 6 
 
 examination to test qualifications 6 
 
 qualifications 6 
 
 removal 6 
 
 salary 6 
 
 supervision by director 6 
 
 warrants and processes 10 
 
 Dip Net 60 
 
 Director of Conservation Commission 
 
 appointment 5 
 
 appointment and removal of assistants, inspectors and employees 6 
 
 appointment of chiefs of divisions 6 
 
 assigns deputies to other departments 6 
 
 attests all rules and regulations 7 
 
 chief of divisions 5 
 
 control of subordinate officers . ( 6 
 
 co-operation with other departments 6 
 
 enforcement of fish and game laws 6 
 
 enforcement of penal provisions 6 
 
 enforcement of rules and regulations of commission 6 
 
 executive offices of department and divisions 5, 6, 10 
 
 fish and game wardens and deputies 6 
 
104: 
 
 Director of Conservation Commission Continued Page 
 
 permits to collect birds, eggs and nests 92 
 
 permits to propagate birds 90 
 
 qualifications 5 
 
 receives assistance from deputies of other departments 6 
 
 recommends compensation of employees 6 
 
 recommends rules and regulations 7 
 
 removal of chiefs of divisions 6 
 
 salary 6 
 
 tenure of office 5 
 
 warrants and processes 10 
 
 Diseases 
 
 of bees 12, 36 
 
 of plants 11, 31 
 
 Ditches 75 
 
 Divisions of Department of Conservation 
 
 director as chief of division 6 
 
 entomology 11 
 
 fish and game 16 
 
 forestry i3 
 
 geology 11 
 
 lands and waters 14 
 
 list of 10 
 
 new divisions ' 10 
 
 rules and regulations 7 
 
 supervised by director 6 
 
 Dogfish 74 
 
 Dogs 
 
 catching in steel trap 48 
 
 hunting with 55, 87 
 
 Domestic Animals, Catching in Steel Trap 48 
 
 Domestic Fowls 56 
 
 Domestic Stock . . 56 
 
 Dominion of Canada 84 
 
 Doves 87, 88, 95 
 
 Dowitchers 86, 95 
 
 Drainage 7 
 
 Drains 75 
 
 Drugs, Killing fish 73 
 
 Duck 
 
 bag limit 89, 94 
 
 Carrying out of state. 58 
 
 closed season 52, 94 
 
 definition 86 
 
 injury while hunting 55 
 
 lawful to shoot 54, 55 
 
 Dye-Stuffs 73 
 
 Dykes '. . 75 
 
 Dynamite, Fish . .73, 74 
 
105 
 
 Page 
 
 Eels 74 
 
 Eggs, Birds 
 
 collection 92 
 
 destruction 54 
 
 permits to take 54 
 
 propagation 90 
 
 scientific purposes 54 
 
 Eider Ducks 88, 89, 95 
 
 Electric Boats, Lake Michigan 70 
 
 Electric Launch, Hunting with 53 
 
 Electrical Currents, Killing Fish 73 
 
 Eminent Domain 13, 14, 19 
 
 Employees in Conservation Department 
 
 appointment 6 
 
 assigned to other departments 6 
 
 compensation when assigned to other departments 6 
 
 examination to test - qualifications 6 
 
 qualifications 6 
 
 removal 6 
 
 salary 6 
 
 supervision by director 6 
 
 warrants and processes 10 
 
 English Sparrows 54, 95 
 
 Entomologist 
 
 certificates of examination 32, 34 
 
 co-operation with horticultural societies . . . 31 
 
 dealers' licenses 33 
 
 duties 31 
 
 foreign nursery stock 33 
 
 inspection of nurseries 31 
 
 inspector of apiaries 36 
 
 plant pests 31 
 
 report 37 
 
 revocation of licenses 34 
 
 right of entry 32, 37 
 
 shipment without certificate 35 
 
 Entomology 10, 11, 31 
 
 European House Sparrow 54 
 
 Experiment Station 31, $5 
 
 Explosive, Killing Fish 73, 74 
 
 Express Company 
 
 carrying fish out of state ^. 62 
 
 carrying game out of state 58, 89 
 
 nursery stock 35 
 
 Fairbanks, Charles Warren 47 
 
 Federal Government, co-operation with 8 
 
 Fees 7, 18, 75 
 
106 
 
 Page 
 
 Ferrets, Hunting with 49, 55 
 
 Fields, Inspection 11 
 
 Firearms 
 
 lawful use of , 87 
 
 use on Sunday 55 
 
 Fish 
 
 breeding grounds 61 
 
 carrying out of state 62 
 
 catching near fish ladders 77 
 
 catching through ice 66 
 
 catching with hands 73 
 
 conservation of 7 
 
 electrocuting 73 
 
 killing by explosives 73 
 
 ladders 76 
 
 length limit 67, 96 
 
 number taken 72, 96 
 
 obstructions in streams 72 
 
 pollution of streams 73 
 
 protection and propagation. . 16 
 
 sale prohibited 63 
 
 shooting, spearing, gigging 63, 66 
 
 spearing, seining, etc 67 
 
 use of poison 67, 73, 74 
 
 Fish and Game, Deputies and Wardens 6 
 
 Fish and Game, Division of .10, 16 
 
 Fisheries and Game Laws, Director 6 
 
 Fish and Game Protective Associations 17 
 
 Fish and Game Protective and Propagation Fund... 18, 57, 59, 71, 75 
 
 Fish berries 67, 73, 74 
 
 Fish Hatcheries, U. S. Government 78 
 
 Fish Hooks 61 
 
 Fish Ladders 63, 76 
 
 Fish Lines 62 
 
 Fish Offal, Lake Michigan 70 
 
 Fish Trap 63, 77 
 
 Fishing Licenses 
 
 affidavit 82 
 
 ^ children 57 
 
 fee 57, 79 
 
 Lake Michigan 70 
 
 non-resident 70, 79 
 
 report 17 
 
 resident 56 
 
 soldiers and sailors 58 
 
 tenants 57 
 
 Flickers 87, 95 
 
 Floating Devices, Fishing with 62 
 
107 
 
 Page 
 
 Floating Devices, Game 87 
 
 Flood Prevention 7 
 
 Flycatchers 87, 95 
 
 Forest Demonstration 46 
 
 Forest Laboratory 46 
 
 Forest Nurseries 46 
 
 Forest Preservation 
 
 control of 13, 14 
 
 rights of way 46 
 
 timber, leases 46 
 
 Forester 46 
 
 Forestry 
 
 arbor day 47 
 
 department ^ . . 46 
 
 division of 10, 13 
 
 Forests 13, 46 
 
 Forests, Culture and Preservation 7 
 
 Foul Brood 12, 36, 38 
 
 Fowls 
 
 bred in captivity 56 
 
 catching in steel trap 48 
 
 Fox 
 
 bounties 96 
 
 closed season 49 
 
 Fox Bounties 80 
 
 Fruits, Inspection '. 11, 12 
 
 Fulmars 87, 95 
 
 Funds 
 
 deputies assigned to other departments 6 
 
 fish and game protective 57 
 
 Fungus ; 31, 32, 34, 39 
 
 Fur of Animals, Possession evidence of guilt 49 
 
 Gaff Hook 74 
 
 Gallinae 54 
 
 Gallinules 54, 86, 88, 89, 94 
 
 Game 
 
 carrying out of state 58 
 
 closed season 55, 95 
 
 conservation 7 
 
 hunting on Sunday 55 
 
 non-resident license 58 
 
 protective fund 57 
 
 resident license 56 
 
 soldiers and sailors 58 
 
 Gannets 87, 95 
 
 Garfish 74 
 
 Gas .22 
 
103 
 
 Gas Mains Page 
 
 confined in pipes 26 
 
 construction 23 
 
 Gas Pipes 23, 25 
 
 Gass Wells 
 
 drainage into streams 73 
 
 plugging 27 
 
 regulation 23 
 
 water and oil 30 
 
 Gasoline Boat, Lake Michigan 70 
 
 Geese 
 
 bag limit 89, 94 
 
 carrying out of state 58 
 
 closed season 52, 94 
 
 definition 86 
 
 lawful to shoot 54 
 
 Geological Museum 11 
 
 Geological Survey 11 
 
 Geology 10, 11 
 
 German Brown Trout 69 
 
 Gifts, Forest Land 14, 15 
 
 Gigging Fish 63, 67 
 
 Gigs 60, 67 
 
 Gill Net 
 
 search warrants 81 
 
 use generally 60 
 
 use in Lake Michigan 68 
 
 Godwits 86, 95 
 
 Golden Pheasant 51, 95 
 
 Golden Plover 
 
 bag limit 89, 94 
 
 open season 88, 94 
 
 Governor 
 
 appointment of members of conservation commission 5 
 
 approves purchase of forest lands 13, 14 
 
 approves quarantine regulations 13 
 
 approves rules and regulations 7 
 
 approves rules for taking sand, gravel and coal 16 
 
 approves salary of director 6 
 
 approves salaries of employees 6 
 
 arbor day proclamation 46 
 
 filling vacancies in conservation commission 5 
 
 removal of members of conservation commission 5 
 
 report to 9 
 
 rights of way forest lands 46 
 
 signs rules of conservation commission 7 
 
 state forester's bond 46 
 
 Gravel 15 
 
 Great Britain, Migratory Bird Act 83 
 
109 
 
 Greater Yellowlegs Page 
 
 bag limit 89, 94 
 
 open season 88, 94 
 
 Grebes 87, 95 
 
 Green Bass 62, 63 
 
 Green Japanese Pheasant 51, 95 
 
 Grosbeaks 87, 95 
 
 Groundhog, Bounties 80 
 
 Grouse 
 
 carrying out of state 58 
 
 regulations 54 
 
 Gruidae 86 
 
 Guillemots 87, 95 
 
 Gulls 87, 95 
 
 Guns 87 
 
 Hawks, Lawful Hunting 54, 95 
 
 Hawk Bounties : 80, 81, 96 
 
 Herons 87, 95 
 
 Herring 68 
 
 Hides of Animals, Possession evidence of guilt 49 
 
 Highways, Hunting Prohibited 50 
 
 Historic Places 14 
 
 Hives of Bees 37 
 
 Hog, Injury while Hunting 55 
 
 Homing Pigeons 51, 95 
 
 Honey 
 
 inspection 36 
 
 production 8 
 
 Hook and Line, Catching Trout 65 
 
 Hooks, Fish 61 
 
 Horses, Injury while hunting ' 55 
 
 Horticultural Districts 40 
 
 Horticultural Societies 31, 35 
 
 Horticulture 11 
 
 Hummingbirds 87, 95 
 
 Hungarian Partridge 51, 95 
 
 Hungarian Pheasant 51, 95 
 
 Hunting Licenses 
 
 affiddavit 82 
 
 children 57 
 
 fee : 57, 59 
 
 non-resident 58 
 
 removal of game from state ' 59 
 
 report 17 
 
 resident 56 
 
 right to fish 79 
 
 soldiers and sailors 58 
 
 tenants 57 
 
 Hunting on Lands of another 55 
 
110 
 
 Ice Page 
 
 fishing through 66 
 
 in Lake Michigan 70 
 
 Impurities, Waters of State 15 
 
 Indian Cockle 67, 74 
 
 Indiana Academy of Science, See Academy of Science. 
 
 Information, Conservation Commission 8 
 
 Insect Pests 31, 32, 34, 39 
 
 Insectivorous Birds 87 
 
 Inspection Fees, Prescribed by Conservation Commission 7 
 
 Inspector of Apiaries 36 
 
 Inspectors in Conservation Department 
 
 appointment 6 
 
 assigned to other state departments 6 
 
 compensation when assigned to other departments 6 
 
 examination to test qualifications 6 
 
 qualifications 6 
 
 removal 6 
 
 salary 6 
 
 supervision of director j6 
 
 warrants and processes 10 
 
 Investigations by Conservation Commission 7, 8 
 
 Jacksnipe 
 
 bag limit 89, 94 
 
 open season 88, 94 
 
 Jaegers 87, 95 
 
 Japanese Pheasant 51 
 
 Justices of the Peace 81, 17 
 
 Kinklets 87, 95 
 
 Knots 86, 95 
 
 Laboratory, Forestry 46 
 
 Ladders, Fish 63 
 
 Lake Michigan 60, 62, 66, 67, 68 
 
 Lake Trout '. 68 
 
 Lakes 
 
 breeding grounds 61 
 
 fishing through ice 66 
 
 pollution of 15 
 
 Lands and Waters 10 
 
 Launch, Hunting with .' 53 
 
 Leakage of Gas Pipes 24 
 
 Leases, Forests 46 
 
 Lesser Yellowlegs 88, 89, 94 
 
 Levees 75 
 
Ill 
 
 Licenses Page 
 
 agents selling nursery stock 33, 12 
 
 dealers in nursery stock 33, 12 
 
 fees 12, 34, 57, 59 
 
 fishing on Lake Michigan 70 
 
 non-resident fishing 79 
 
 non-resident hunting 58 
 
 removal of game from state 59 
 
 resident fishing 56 
 
 resident hunting 56 
 
 revocation nursery licenses 34 
 
 Lights, Hunting with prohibited 50 
 
 Limicolae 54, 86 
 
 Little Brown Crane 86, 95 
 
 Loch Leven Trout 69 
 
 Logwood 73 
 
 Loons 87, 95 
 
 Mains 23 
 
 Manufactures 11 
 
 Marines, Fishing and hunting without license 58 
 
 Marion County, Hunting and fishing licenses 56 
 
 Marl, Removal from breeding grounds 61 
 
 Martens 87, 95 
 
 Meadowlarks 87, 95 
 
 Meander Lines 15 
 
 Medicated Bait 73 
 
 Meshes 60, 67, 68 
 
 Michigan, Lake 60 
 
 Migratory Bird Treaty Act 83 
 
 Migratory Game Birds 
 
 regulations 86 
 
 scientific collections 92 
 
 shipment 89 
 
 Migratory Insectivorous Birds '. .' 87 
 
 Migratory Non-game Birds 87 
 
 Migratory Waterfowl ." 90 
 
 Mineral Resources 
 
 conservation 7 
 
 development 11 
 
 leases ' 46 
 
 Mines 11 
 
 Mink 75 
 
 Minnow Seines 60, 67 
 
 Minnow Traps 60, 67 
 
 Minnows , I 
 
 catching in breeding grounds 65 
 
 for bait 67 
 
 use of trout minnows .65 
 
112 
 
 Page 
 
 Mongolian Pheasant 51 
 
 Mountain Trout 66 
 
 Mourning Doves 88, 95 
 
 Mud-hens 54 
 
 Murres 87, 95 
 
 Museum, Geological 11 
 
 Muskrat Houses 75 
 
 Muskrats 75 
 
 Naphtha Launch 
 
 fishing Lake Michigan 70 
 
 hunting with 53 
 
 Natural Gas 22 
 
 Natural Gas Supervisor 
 
 assistants 29 
 
 bond and oath 22 
 
 inspection of gas wells 23 
 
 inspection of pipes 24 
 
 leakage of gas pipes 24 
 
 qualifications 22 
 
 report 23 
 
 right of entry 30 
 
 Natural Resources 7, 11 
 
 Navigable Streams 15 
 
 Nests, Birds 
 
 collections 92 
 
 destruction 54 
 
 permits to take 54 
 
 scientific purposes 54 
 
 Nets 
 
 identification in Lake Michigan 69 
 
 license fees Lake Michigan 70 
 
 prohibited 67 
 
 regulation .... 1 60 
 
 use in Lake Michigan 68 
 
 Nighthawks 87, 95 
 
 Nurseries 
 
 forest 13, 46 
 
 inspection 31, 11, 12 
 
 Nurserymen 
 
 care of nursery stock 31, 32 
 
 certificate of examination 32 
 
 dealers' licenses 33 
 
 fees 34 
 
 foreign stock 33 
 
 misrepresentation of stock 34 
 
 notification of affected stock 39 
 
 revocation of certificates 34 
 
113 
 
 Nursery Stock Page 
 
 certificate of examination 32, 34 
 
 dealers' licenses 33 
 
 destruction of pests 32 
 
 foreign 33 
 
 inspection 11,12 
 
 misrepresentation of stock 34 
 
 notification of affected stock 39 
 
 regulation 31 
 
 revocation of certificates 34 
 
 shipping affected stock / 32 
 
 shipment into state 35, 12 
 
 shipment without certificate 35 
 
 Nuthatches 87, 95 
 
 Oaths, Commissioners and Chiefs of Divisions 8 
 
 Obstructions in Streams 
 
 generally 72 
 
 muskrat houses 75 
 
 near Ohio river 72 
 
 Offal, Fish, Lake Michigan 70 
 
 Officers of Department of Conservation 
 
 appointment 6 
 
 examination to test qualifications 6 
 
 qualifications 6 
 
 removal 6 
 
 salary 6 
 
 supervision of director 6 
 
 Ohio River 
 
 exempt from law 60, 62, 66, 67 
 
 nets and obstructions 72 
 
 Oil 73 
 
 Oil in Gas Wells 30 
 
 Oil Wells, Drainage into streams 73 
 
 Open Season, See Closed Season. 
 Opossum 
 
 closed season 49 
 
 old laws 75, note 
 
 Orchards 31, 11, 12 
 
 Orioles 87, 95 
 
 Ornamental Trees '. 31, 12 
 
 Otter, Closed season 49 
 
 Owl, Bounties 80, 81, 96 
 
 Oyster Catchers !' 86, 95 
 
 Packing Houses, Inspection 11,12 
 
 Parks 13, 14 
 
 Partridges 51, 95 
 
 Patrol Boats 71 
 
 Penal Provisions of Laws, Enforced by Director of Department of 
 
 Conservation 6 
 
 816367 
 
114 
 
 Penalties Page 
 
 bag limit on fish 72 
 
 bag limit on quail 52 
 
 bee diseases 38 
 
 carrying fish out of state 62 
 
 carrying game out of state 58 
 
 catching fish in private ponds 74 
 
 catching fish near fish ladders 77 
 
 catching fish of unlawful size 67 
 
 catching fish, through ice 66 
 
 catching fish with hands 74 
 
 catching over twenty trout in day 65 
 
 catching trout 66 
 
 catching trout less than prescribed length 65 
 
 destroying birds 54 
 
 destroying muskrat houses 75 
 
 destruction of affected nursery stock 40 
 
 electrocuting fish i 74 
 
 escapage of gas 26 
 
 failure of trustee to execute fish and game laws 81 
 
 failure to construct fish ladder 77 
 
 failure to destroy infested hives 38 
 
 failure to repair fish ladders 78 
 
 fishing for trout 65 
 
 fishing in Lake Michigan 72 
 
 fishing on breeding grounds 61 
 
 fishing without license 80 
 
 for violation of rules and regulations 7 
 
 foul brood, failure to notify 38 
 
 hunting deer, turkey or pheasants 50 
 
 hunting game 56 
 
 hunting geese, ducks and brant 52 
 
 hunting homing pigeons 51 
 
 hunting mink and muskrats 75 
 
 hunting on Sunday 55 
 
 hunting prairie chicken, pheasants and partridges 51 
 
 hunting quail and ruffled grouse 52 
 
 hunting with boat or launch 53 
 
 hunting with ferrets 50 
 
 hunting with searchlights 50 
 
 hunting without license 60 
 
 hunting without permit 55 
 
 hunting woodcock 55 
 
 injury to property 55 
 
 killing fish with explosives 73 
 
 maintaining fish traps 63 
 
 migratory bird act 85 
 
 misrepresenting nursery stock 34 
 
 netting and trapping quail 51 
 

 
 115 
 
 Penalties Continued Page 
 
 obstructing conservation commission 20 
 
 obstructing gas inspector 24 
 
 obstructing state apiarist 38 
 
 obstructions in streams nean Ohio River 72 
 
 poisoning or stupefying fish 67, 73, 74 
 
 pollution of streams \ 73 
 
 possession of seines, traps and spears 60 
 
 sale of fish 63 
 
 selling quail 52 
 
 setting traps or deadfalls 48 
 
 shipping affected nursery stock 32 
 
 shipping nursery stock without certificate 32, 135 
 
 shooting across highways 50 
 
 shooting fish 66 
 
 shooting or trapping certain wild animals 49 
 
 shooting squirrels 53, 54 
 
 size of hooks 61 
 
 trespassing 74 
 
 using condemned gas pipes 24 
 
 using floats 62 
 
 violation of gas laws 26, 30 
 
 Perch 
 
 net meshes Lake Michigan 68 
 
 regulation 62 
 
 sale 63 
 
 Perching Birds 87 
 
 Permits 
 
 birds, birds' eggs and nests 54, 90 
 
 fee and bond 54 
 
 fishing without license 57 
 
 hunting without license 57 
 
 testimonials 54 
 
 to hunt on land of another 55 
 
 to take sand, gravel and coal 15 
 
 Pests of Plants 8, 11, 31 
 
 Petrels 87, 95 
 
 Phalaropes 86, 95 
 
 Pheasants 
 
 carrying out of state 58 
 
 closed season 95 
 
 hunting prohibited 50, 51 
 
 lawful hunting '.' 54 
 
 Pickerel 
 
 length limit 67 
 
 regulation 62 
 
 sale 63 
 
 Pigeons '. 87, 95 
 
 Pigeons, Homing 51 
 
116 
 
 Pike Page 
 
 length limit . . 67, 96 
 
 regulation 62 
 
 sale 63 
 
 Pike Perch, Length limit 67, 93 
 
 Pinnated Grouse, carrying out of state 58 
 
 Pipes , 23, 24 
 
 Plants 
 
 certificates 34 
 
 control of disease 8,31 
 
 inspection 11 
 
 notification of disease 39 
 
 pests 31, 32 
 
 shipment 12 
 
 Plovers 54, 87, 88, 89 
 
 Plugging Gas Wells 27 
 
 Poison, Use to kill fish 67, 73, 74 
 
 Police Powers 10 
 
 Pollution of Waters of State 15 
 
 Pond Net 60 
 
 Ponds, Private 60, 62, 67, 72 
 
 Pound Net, Use in Lake Michigan 68 
 
 Powerboats, Game 87 
 
 Prairie Chicken 
 
 bag limit 51, 94 
 
 carrying out of state 58 
 
 lawful hunting 54 
 
 open season 51, 94 
 
 Preserves of State 14 
 
 Pressure of Gas Pipes 25 
 
 Private Ponds 60, 74 
 
 Processes 10 
 
 Proclamation, Arbor Day 46 
 
 Property 
 
 injury by wild animals 49 
 
 injury while hunting 55 
 
 Prosecuting Attorneys 21 
 
 Protective Associations 17 
 
 Publications, Conservation Commission 9, 13, 14 
 
 Puffins 87, 95 
 
 Push Boat, Hunting with 53 
 
 Quail 
 
 bag limit 52, 94 
 
 carrying out of state 58 
 
 closed season 52, 94 
 
 lawful hunting 54 
 
 netting and trapping prohibited 51 
 
 selling 52 
 
117 
 
 Page 
 
 Quarantine Districts 40 
 
 Quarantine Regulations 13 
 
 Rabbit 
 
 hunting on Sunday 55 
 
 hunting with ferrets prohibited * 49 
 
 open season 56 
 
 Raccoon 49, 75, note 
 
 Railroads. 
 
 carrying fish out of state 62 
 
 carrying game out of state 58, 89 
 
 nursery stock 35 
 
 rights of way over forest lands 46 
 
 Rails 54, 86, 88, 89, 94 
 
 Rainbow Trout - 66, 69 
 
 Rallidae 54, 86 
 
 Reclamation of Lands , 7 
 
 Reforestation 13 
 
 Regulations of Conservation Commission, See Rules and Regulations. 
 Reports 
 
 chiefs of divisions '. 10 
 
 entomologist 37 
 
 natural gas supervisor 23 
 
 Reports by Conservation Commission 
 
 co-operation in preparing 7, 8 
 
 to governor 9 
 
 Resident Fishing Licenses 56 
 
 Resident Hunting Licenses 56 
 
 Revolving Fund 19 
 
 Right of Entry 30 
 
 Rights of Way, Forest Lands 46 
 
 Ring-Neck Mongolian Pheasant 51, 95 
 
 River Duck 54 
 
 Rivers, Fish Ladders 76 
 
 Roads, Hunting prohibited 50 
 
 Robins 87, 95 
 
 Rock Bass 
 
 length limit 67, 96 
 
 regulation 62 
 
 sale i 63 
 
 Rosette 39 
 
 Row Boat , 
 
 hunting with 53 
 
 Lake Michigan 70 
 
 Ruffled Grouse 
 
 bag limit 94 
 
 carrying out of state 58 
 
 closed season 52, 94 
 
 lawful hunting 54 
 
118 
 
 Rules and Regulations of Conservation Commission Page 
 
 adoption 7 
 
 attested by director 7 
 
 date of promulgation 7 
 
 enforced by director 6 
 
 entomology 13 
 
 forestry ' , 13 
 
 lands and waters 14 
 
 pollution and sewage 15 
 
 promulgation 7 
 
 publication 7 
 
 recommended by director 7 
 
 seal of commission 7 
 
 signed by governor 7 
 
 taking coal, sand and gravel 16 
 
 Sail Boats 
 
 Lake Michigan 70 
 
 use in hunting 87 
 
 Sailors, Fishing and hunting without license 58 
 
 Salmon Trout 66 
 
 Salmonidae 66 
 
 Salt Water in Gas Wells 30 
 
 Sand 15 
 
 Sandhill Crane 86, 95 
 
 Sandpipers 54, 87, 95 
 
 San Jose Scale 31, 32, 34, 39 
 
 Scenic Places 14 
 
 Scholmeringer 51 
 
 Schools, Arbor Day Exercises 47 
 
 Scientific Purposes, Birds' Eggs 54, 92 
 
 Scientific Societies, Collections of Birds 92 
 
 Screech Owls 80 
 
 Sea Duck 54 
 
 Seal, Rules and Regulations 7 
 
 Search Warrants 81 
 
 Searchlight, Hunting with prohibited 50 
 
 Secretary of Agriculture, Permits 90, 92, 93 
 
 Seines 
 
 minnows 67 
 
 prohibited ' 67 
 
 regulations 60 
 
 search warrants 81 
 
 use in Lake Michigan 68 
 
 Set Lines 61 
 
 Set Net 61 
 
 Sewage Waste 15 
 
 Shade Trees 31 
 
 Shearwaters 87, 95 
 
119 
 
 Page 
 
 Sheep, Injury while hunting 55 
 
 Shipment, Birds and Game 89 
 
 Shipment, Trees and Shrubs 12 
 
 Shooting Fish 63, 66 
 
 Shore Birds 54, 86 
 
 Shrikes 87, 95 
 
 Shrubbery 
 
 shipment 12 
 
 treatment ' "... 12 
 
 Shrubs 
 
 arbor day 46 
 
 certificates 34 
 
 insect pests 32 
 
 notification of affected stock 39 
 
 Silver Pheasant 51, 95 
 
 Skunk 
 
 closed season - 49 
 
 old law 75, note 
 
 Snipe .54, 87, 88, 89, 95 
 
 Soil Preservation 7 
 
 Soldiers, Fishing and hunting without license 58 
 
 Sora 86 
 
 Sparrow Hawks 80 
 
 Sparrows 54, 95 
 
 Spearing Fish . . .^ 63, 67 
 
 Spears 
 
 prohibited 67 
 
 regulation ^ \ . 60 
 
 Speckled Trout T . . 66 
 
 Springs 15 
 
 Squirrels 
 
 open season '53 
 
 shooting in public parks and state grounds 53 
 
 State Breeding Grounds 
 
 for trout 64 
 
 regulation ^ 61 
 
 State Entomologist .* 10,31 
 
 State Forest Nurseries 46 
 
 State Forester 
 
 bond 46 
 
 division of 10 
 
 funds ..., 46 
 
 minerals 46 
 
 timber sales 46 
 
 State Geologist 
 
 appointment of Natural Gas Inspector 23 
 
 division of , 10 
 
 State Inspector of Apiaries 36 
 
120 
 
 Page 
 
 State Parks 13 
 
 Steamboat Companies, Nursery Stock 35 
 
 Steam Launch 
 
 hunting with 53 
 
 Lake Michigan 70 
 
 Steel-Head Trout 66 
 
 Steel Traps 
 
 destruction 48 
 
 inspection and removal of animals caught 48 
 
 manner of setting 48 
 
 written consent 48 
 
 Stilts 87, 95 
 
 Stock, Domestic 56 
 
 Stone 11 
 
 Streams 
 
 fish ladders 76 
 
 pollution of 15 
 
 Streams 
 
 obstruction 72 
 
 pollution 73 
 
 Subpoenas 8 
 
 Suckers 74 
 
 Sun Fish, Bag Limits 72, 96 
 
 Sunday, Hunting on 55 
 
 Superintendent of Fisheries and Game 
 
 breeding grounds 61 
 
 deputies 78 
 
 division of 10 
 
 enforce fish and game laws 78 
 
 fees in prosecutions 75 
 
 fishing in Lake Michigan 68 
 
 fishing licenses 56 
 
 fish ladders 76 
 
 hunting licenses 56 
 
 licenses to fish on Lake Michigan 70 
 
 non-resident fishing licenses 79 
 
 permits for taking birds, eggs, nests. 54 
 
 permits for taking quail and ruffled grouse 52 
 
 permits to Academy of Science 78 
 
 repair of fish ladders 78 
 
 seines, nets and spears 61 
 
 trout breeding 63 
 
 use of explosives 73 
 
 Superintendent of Lands and Waters 10 
 
 Superior Court 8 
 
 Supervisor of Natural Gas 22 
 
 Supplies, Inspection 11 
 
 Surf Birds 54, 87, 95 
 
 Surveys, Topographical - 8, 11 
 
121 
 
 Page 
 
 Swallows 87, 95 
 
 Swans 54, 86, 88, 89, 95 
 
 Swifts 87, 95 
 
 Tanagers 87, 95 
 
 Tatlers 54 
 
 Telegraph Companies, Rights of Way 46 
 
 Telephone Companies, Rights of Way 46 
 
 Terns ' 87, 95 
 
 Thrushes 87, 95 
 
 Timber, sale of 46 
 
 Titmice 87, 95 
 
 Topographical Surveys 8, 11 
 
 Township Trustee 
 
 construction of fish ladders 76 
 
 destruction of fish traps 63, 77 
 
 fish and game officers 81 
 
 Tragopan Pheasant : 51, 95 
 
 Trammel Net 61 
 
 Transportation, Birds and Game 89 
 
 Trap Net, Use in Lake Michigan 68 
 
 Traps 
 
 destruction 48 
 
 inspection and removal of animals caught 48 
 
 manner of setting 48 
 
 near fish ladder 63 
 
 prohibited 67 
 
 unlawful to keep 60 
 
 written consent 48 
 
 Treaty, Migratory Bird Act 83 
 
 Trees 
 
 arbor day 46 
 
 certificates 34 
 
 insect pests 32 
 
 notification of disease 39 
 
 shade and ornamental 31 
 
 shipment 12 
 
 treatment 12 
 
 Trespassing 55, 74 
 
 Trot Lines 61, 74 
 
 Trout 
 
 breeding grounds '. 63 
 
 closed season * 64, 93 
 
 day's bag limit 65, 96 
 
 definition 66 
 
 devices for catching 65 
 
 Lake Michigan 63 
 
 minimum length prescribed 65, 96 
 
 propagation 63 
 
122 
 
 Turkey Page 
 
 carrying out of state 58 
 
 closed season 95 
 
 hunting prohibited 50, 54 
 
 injury while hunting 55 
 
 Turnstones 87, 95 
 
 United States Government, Fish Hatcheries 78 
 
 Vines 
 
 arbor day 46 
 
 certificates 34 
 
 insect pests 32 
 
 notification of disease 39 
 
 shipment 12 
 
 Vireos 87, 95 
 
 Wabash River 60, 62, 66, 67 
 
 Wall-Eyed Pike 
 
 length limit .* 67, 96 
 
 regulations 62 
 
 sale 63 
 
 Warblers 87, 95 
 
 Wardens, Fish and Game, Under control of Director 6 
 
 Warehouses, Inspection 11 
 
 Warrants 10 
 
 Water Power 7 
 
 Waterfowl 
 
 - carrying out of state 58, 89 
 
 closed season 52, 55, 88 
 
 definition 86 
 
 Waxwings 87, 95 
 
 Wells, Gas and Oil 73 
 
 Whip-Poor-Wills , 87, 95 
 
 Whitefish 68, 69 
 
 White- Winged Doves 88, 95 
 
 Whooping Cranes 86, 95 
 
 Willet 87, 95 
 
 Wilson Snipe 
 
 bag limit 89, 94 
 
 open season 88, 94 
 
 Witnesses 8 
 
 Wives of Licensees 79 
 
 Wolf Bounties 80, 96 
 
 Woodchuck Bounties 780, 96 
 
 Woodcock 
 
 bag limit 89, 94 
 
 carrying out of state 58 
 
 definition 87 
 
 open season 55, 88, 94 
 
 regulations 54 
 
123 
 
 Page 
 
 Wood Duck 88, 89, 95 
 
 Woodpeckers 87, 95 
 
 Wrens 87, 95 
 
 Year Book, Report 9 
 
 Yellowlegs 87, 88, 89 
 
 Yellows 39 
 
 Zoological Parks, Collections of Birds 92 
 
Y,C 82647 
 
 UNIVERSITY OF CALIFORNIA LIBRARY