Sree i aan cee Se a en eo MOSSE SESS ES SSS Se 4 U.S. DEPARTMENT OF AGRICULTURE FOREST SERVICE, MissouLA, Mont. FRED MORRELL, District Forester TRESPASS ON NATIONAL FORESTS OF FOREST SERVICE DISTRICT 1 Digest of Fire, Game, Property, Timber, Occupancy, Grazing, Stock and Herd, Sanitation, and Mis- cellaneous Trespass Laws, both Federal and State, Applicable within _the National Forests AND A Compendium of the Rules of Evidence, Investiga- tive Methods, and Criminal Procedure before United States Commissioner and State Magistrates, together with Speci- men Criminal Forms Prepared by P. J. O'BRLEN UNDER THE DIRECTION OF THE DISTRICT FORBSTER WASHINGTON GOVERNMENT PRINTING OFFICH rs , 1922 se yFat ean) peas tA deat 4 iM. U.S. DEPARTMENT OF AGRICULTURE FOREST SERVICE, MISSOULA, MONT. FRED MORRELL, District Forester et TRESPASS ON NATIONAL FORESTS OF FOREST SERVICE DISTRICT’ 1 Digest of Fire, Game, Property, Timber, Occupancy, Grazing, Stock and Herd, Sanitation, and Mis- cellaneous Trespass Laws, both Federal and State, Applicable within the National Forests AND A Compendium of the Rules of Evidence, Investiga- tive Methods, and Criminal Procedure before United States Commissioner and State Magistrates, together with Speci- men Criminal Forms Prepared by P. J. O'BRIEN UNDER THE DIRECTION OF THE DISTRICT FORESTER WASHINGTON GOVERNMENT PRINTING OFFICE 1922 LIBRARY OF CONGRESS _ RECEIVED MAY 17192. DOCUMENTS biVisION FOREWORD. The object of this handbook is to give to the members of the Forest Service of district 1 a ready reference to the gist of the several criminal trespass laws, both Federal and State, having application on national forest lands and to the personal property of the Government. Instead of giving in full the text of each trespass law, it was deemed advisable to digest such laws, since it is felt that access to the full text of any statute is not necessary for the proper handling of a criminal trespass case by the field force. While the various trespass statutes have been con- densed, it is believed that forest officers can acquire a com- prehensive knowledge, from the digest, of the substance of the trespass laws which they are required to enforce. With this knowledge in their possession, forest officers ought to be able to apply it intelligently to the facts of a criminal trespass case. The big things for forest officers to learn relative to law enforcement are the substance of criminal trespass statutes, the best methods of investiga- tion, and how to identify material evidence of the offense committed. The technical work of handling criminal trespass cases conformably to the rules of practice in justices’ and pro- bate courts is generally attended to by the local county or prosecuting attorney, after consultation with the forest employee making the complaint. However, it frequently happens that a criminal tres- pass case is tried before some justice of the peace, situated in an isolated locality,-where it is inconvenient for the county attorney to attend. On occasions of this kind, the complaining forest officer or employee should have suf- ficient knowledge of criminal procedure to assist the jus- ticein handling the case properly. Justices of the peace and probate judges generally rely on the prosecuting officer of the county to advise them in matters of this kind. Many (35 4 of them, however, handle the criminal trespass cases brought before them without assistance from the county or prosecuting attorney. Whenever, therefore, a justice of the peace or probate judge is willing to proceed with the trial of a person charged with an offense within the jurisdiction of the court, the local forest officer should present the evidence of guilt of the accused in its natural order, so that the justice’s or probate court, as the case may be, may understand fully the facts relied upon to prove the guilt of the offender. To enable forest officers to conduct the prosecution of an offender in the inferior courts referred to, an effort has been made in this digest to define the ordinary steps to be taken to comply with the statutory requirements. These are very simple and with a little study can be compre- hended easily by any forest employee. If the offense committed be a felony under the State law, the accused must be tried in the district or superior court for the county where the crime was committed. The codes of the various States contain more or less detailed outlines of criminal procedure applicable in justices’ and probate courts. Notes on the criminal practice of Montana and Idaho are embraced in this book, for the guidance of forest officers. Generally speaking, these rules are framed for the protection of the accused. Hence it is that strict adherence to them by the prosecut- ing officer and the court is necessary. The prosecution is always required to prove the guilt of the accused beyond a reasonable doubt, and hearsay or opinion evidence, which is generally inadmissible, is not sufficient to es- tablish a case under this rule. The important part of law-enforcement work is investi- gation. In order properly to investigate a given case, the forest officer should have some idea of what con- stitutes evidence of the facts to be established. In this digest there is a brief summary of the nature and prin- ciples of evidence, followed by some useful hints on investigation. Experience has shown that some forest officers have unwittingly failed to appreciate the evi- i ») dentiary nature of things and events connected with criminal trespass cases until opportunity for collecting definite information regarding them has vanished. It 1s realized, of course, that special talent is required for thorough investigative work, and not every forest officer can be a professional in this line. However, each one can improve his opportunity through a willingness to learn something of the commoner methods employed by experts. It may require more time to put a case through a Federal court than a State court. When the oéfense charged is against a Federal statute, the first step in the proceeding, after the arrest of the offender, where arrest is considered necessary to prevent his escape, is a preliminary hearing before a United States commissioner, who, upon a showing of probable cause, will commit the defendant to jail or admit him to bail pending action of the grand jury; after this the case is usually referred to the United States Attorney General, who forwards it to the proper United States attorney for presentation to a Federal grand jury. But where prompt action is necessary, the case may be taken up directly by the assistant to the solicitor with the United States attorney, since the latter has general authority to proceed in criminal matters without instruc- tions from Washington. If the accused is indicted, he is generally tried at the following term of the United States district court. Consequently, the presence of Govern- ment witnesses may in some instances be required on three different occasions to comply with the Federal pro- cedure. Ii the crime is a misdemeanor (an offense not not punishable by death or imprisonment exceeding one year or at hard labor), the United States attorney may begin criminal action in the district court by what is known as an information without first obtaining an indict- ment. A preliminary hearing before a United States com- missioner is not necessary in any case unless the accused has been arrested and, unless necessary, is inadvisable, since it adds to the expense and discloses the Govern- ment’s case. y) The aid of the local justice or probate court may be invoked in criminal trespass cases unless the act committed is a serious offense for which the State law does not afford an adequate penalty, or the act is not a violation of State law. If the offender should be prosecuted in a Federal court, a trespass report following in general Form 874-20 should be submitted to the district forester for reference to the assistant to the solicitor for consideration before any court proceedings are initiated, unless the immediate arrest of the offender is gecessary to protect the interests of the United States, or the trespasser is likely to escape or remove from the jurisdiction. Forest officers and employees are empowered by statute to make arrests without warrant for offenses committed in their presence against the national forest laws or regula- tions. With a warrant, a forest officer or employee may make arrests for offenses against national forest laws and regulations committed in or out of his presence. As a general proposition, however, it is always safer to secure a warrant from a United States commissioner or from a justice of the peace or probate judge or other magistrate and use it as a visible sign of authority to make the arrest. Only in rare cases is it necessary to make an arrest without a warrant. When it is made under the stress of circum- stances, a full report of the facts of the trespass and of the action taken should be submitted immediately to the ‘district forester, so that the assistant to the solicitor may attend the preliminary hearing before the United States commissioner or the magistrate before whom the prisoner will be required to appear. Ii it be unusually difficult or impracticable in a criminal trespass case to assemble all the facts and have them in the hands of the district forester in time for proper consideration prior to the pre- liminary hearing, a partial report should be sent by ordi- nary mail or night letter telegram. Forest officers are not authorized to make arrests for offenses against Federal laws not applicable to national forests. United States marshals and their deputies are charged with this duty. 7 The right of national forest employees to make arrests with or without warrant for violation of State fire, game, and other trespass laws is defined by the statutes of each State within this district. Laws on these subjects are to a degree dissimilar, and forest officers selected as deputy fire or game wardens should consult this manual, under ‘‘Criminal procedure” in Montana and Idaho, in order to be sure of their authority in this regard. When an arrest is made by a forest employee acting in his capacity of State deputy game or fire warden, the offender should be taken before a justice or probate court having jurisdic- tion, for immediate trial, and all facts and evidence should be submitted promptly to the prosecuting attorney of the county where the offense was committed. li the offense be one over which the justice or probate court has no jurisdiction to impose punishment, the offender will be committed to jail or bound over for trial in a higher court of the State. Every assistance possible should be given to the prosecuting attorney in handling the case. The fees of witnesses and other expenses incidental to a criminal trespass trial in a State court are paid by the county in which the offense was committed. These ex- penditures do not include the costs of investigation, and, as a rule, are limited to those incurred after the State court has acquired jurisdiction of the offender through the issuance of a warrant for his arrest, or his voluntary appearance for trial. Sometimes the State law limits the number of witnesses to appear for the prosecution at the expense of the county, subject to the right of the presiding judge to increase the number should the administration of justice demand it. A similar rule is in force for pre- liminary hearings in criminal trespass cases before United States commissioners. A forest employee will be reimbursed from forest funds for necessary expenses incurred in taking an offender arrested without warrant before the justice or other State court for formal accusation. After the filing of the formal criminal charges against the accused the court acquires jurisdiction and all subsequent costs are legally charge- able to the county. Under special agreements the fish & and game bureaus of Montana and Idaho have consented to reimburse forest employees for certain expenses neces- sary in making arrests without warrant for violations of the fish and game laws. (See circular letters on this sub- ject. Examine also Circular Letter O-991, relative to the reimbursement of Government witnesses which can not be legally made by the county. ) In order that forest employees may become familiar with the form and substance of the simpler papers used in crimi- nal practice, before district, justices’, and probate courts and before United States commissioners, such as aflida- vits, complaints, warrants of arrest, search warrants, sub- poenas, commitments, etc., specimen copies are printed in this book. This handbook is divided into four parts. Part I con- tains the substance of Federal criminal statutes and regu- lations concerning fire, game, property, timber, occu- pancy, grazing, and miscellaneous trespasses. | Part II covers the laws of Montana on the same sub- jects, although the lines of classification of the different trespasses are not so clearly marked. The trespass laws of Idaho are treated in Part III. Part IV contains a substantial outline of criminal pro- cedure applicable to hearings before United States com- missioners, justices of the peace, and probate courts in {tdaho, and before justices’ courts in Montana. To this have been added hints on investigative methods, a short explanation of the nature of evidence, and a number of specimen criminal forms in use by United States commis- sioners and State magistrates. An index completes the work. It is realized that this manual will not supply full imfor- mation to fit the divergent facts of every trespass case likely to develop in the field. It is felt, however, that it will be of material help to the field force in the prosecu- tion of trespass cases, if its contents are carefully studied and noted, notwithstanding its limited scope. If a forest employee is in doubt as to how to proceed in any instance and the manual does not contain the help he desires, he should ask the district forester for instructions. ‘ PART f. DIGEST OF FEDERAL FIRE LAWS. United States Criminal Code (35 Stat. 1088). OFFENSE. SECTION 37. It is unlawful for two or more persons to conspire to set on fire any timber or forested lands of the United States. SECTION 52. Willfully setting on fire or causing to be set on fire any timber, brush, or grass, on the public domain, etc. “SECTION 52. Leaving a fire to burn *\nnattended near any timber or ixflammable material on the _public domain, etc. @™
) Regulation T-8 of the Secretary of Agriculture. OFFENSE. It is unlawful to violate any of the provisions of Regulation T-8, which prohibits the squatting or settlement on national forest lands, or the maintenance or con- struction of any works, or any business enterprise, or any fence, structure, or inclosure, without a | permit. This has no application to road construction by States and counties. PENALTY. A fine of not more than $500, or im- prisonment for not more than 12 months, or both. Regulation P-4 of the Secretary of Agriculture. OFFENSE. It is uniawful to violate any of the provisions of Regulation P-4, which applies only to national forest lands. This regulation prohibits having or leaving in an exposed or insanitary condition camp refuse or débris, or deposit- ing any polluted substance or substance likely to cause pollu- tion in any of the streams, lakes, or waters within or bordering on national forests. | PENALTY. A fine of not more than $500, or im- prisonment for not more than 12 months, or both. DIGEST OF FEDERAL GRAZING TRESPASS LAWS AND REGULATIONS. Regulation T-6 of the Secretary of Agriculture. OFFENSE. It is unlawful to violate any of the provisions of Regulation T-6, | which prohibits the grazing upon or driving across national forest lands of any live stock without permit, or grazing stock on closed area, etc., or handling stock con- trary to the terms of a permit. PENALTY. A fine of not more than $500, or im- prisonment for not more than 12 months, or both. 17 Act of May 29, 1884 (23 Stat. 32). OFFENSE. It is unlawful for any railroad company or the owners of any steam, or sailing vessel to receive for transportation or to transport from any State to another any live stock affected with any | contagious, infectious, or com- ._ municable disease, or for any person to deliver to any railroad ’ company or owner of a vessel for transportation stock so infected. It is also unlawful to drive in- fected cattle from one State to another. { | | | | | ! PENALTY. A fine of not less than $100 nor more than $5,000, or imprison- ‘ment for not more than 1 year, or both. Act of February 2, 1993 (32 Stat. 792). OFFENSE. | 1 PENALTY. | It is unlawful to violate any of the | A fine of not less than $100 nor terms of the stock sanitary regu- | lations, made by the Secretary of Agriculture, to prevent the introduction or dissemination of contagious, infectious, or communicable animal diseases through the movement of stock from one State to another. MISCELLANEOUS I more than $1,000, or by im- prisonment for not more than 1 year, or both. FEDERAL TRESPASS LAWS. U. S. Criminal Code (35 Stat. 1088). OFFENSE. SECTION 32. It is unlawful for any PENALTY. | A fine of not more than $1,000, or person falsely to assume or | pretend to be an officer or em- ployee of the United States, with | intent to defraud the United States or any person, or to demand or obtain in such pre- tended character any money, paper, document, or other valuable thing. 110118—-22—-__2 imprisonment for not more than 3 years, or both. 18 OFFENSE. SECTION 31. It is unlawful to ad- minister oaths, or to take and certify acknowledgments relative to any bond, contract, proposal, undertaking, or other matter in which an oath is required by law or regulation, unless the person taking such oath be present. SECTION 37. It is unlawful for two or more persons to conspire either to commit an _ offense against the United States, or to defraud the United States in any manner or for any purpose, and if one or more of such parties do any act to effect the object of the conspiracy, each of the persons involved is criminally liable. SECTION 125. Perjury.—Any per- son who takes an oath required by a Federal statute to testify and depose truthfully is guilty of perjury if, willfully and contrary | to such oath, he testifies or sub- scribes falsely as to any material fact. Section 40. It is unlawful to take or carry away without authority from the United States, from the place where it is filed or kept by authority of the United States, | any certificate, affidavit, deposi- tion, written statement of facts, receipt, voucher, record, paper, ete., with ‘intent to use it to procure payment of money from the United States. SEcTION 58. The use of threats or foree to hinder, interrupt, or prevent the survey of public | lands is forbidden. or | } i PENALTY. A fine of not more than $2,000, or by imprisonment for not more than 2 years, or both. A fine of not more than $10,000, or by imprisonment for not more than 2 years, or both. A fine of not more than $2,000, or imprisonment for not more than 5 years. A fine of not more than $5,000, or by imprisonment for not more than 10 years, or both. A fine of not more than $3,000, or imprisonment for not more than 3 years. 19 OFFENSE. SECTION 98. Contracting to pay for the construction, repairing, or furnishing of a public building more than the amount appro- priated for such purpose is illegal. SECTION 39. Whoever shall prom- ise, offer, or give any money or other valuable thing to any officer of the United States with intent to influence his decision or action on any question, mat- ter, cause, or proceeding pending before him is guilty of a feldny. SECTION 85. Any officer or em- ployee of the United States, who under color of his employment commits any act of extortion, is guilty of a crime. SECTION 136. It is unlawful for two or more persons to conspire to deter by force, intimidation, or threat any person from testifying for the United States fully and truthfully in any court of the United States, or before any United States commissioner. SEcTION 118 - 122. It is legally wrong for any Federal officer or employee to solicit or receive any money from any other Federal officer or employee, or to degrade, discharge, or promote any Fed- eral employee for failing to make any political contribution. It is also contrary to law for a Fed- eral officer or for any one to solicit funds in a public building for political purposes. PENALTY, A fine of not more than $2,000, or by imprisonment for not more than 2 years. A fine equal to three times the value of the thing otfered, prom- ised, or given, and imprisonment for not more than 3 years. A fine of not more than $500, or imprisonment for not more than 1 year, or both. A fine of not more than $5,000,. or imprisonment for not more than 6 years, or both. A fine of not more than $5,000, or imprisonment for not more than 3 years, or both. PART II. DIGEST OF MONTANA FIRE TRESPASS AND BRUSH DISPOSAL LAWS. Revised Code of 1921. OFFENSE. SECTION 11476. It is unlawful for any one willfully and maliciously to burn any bridge valued at ‘more than $50, or any building, snowshed, vessel, grain stack, growing or standing grain, grass, tree, or fence, not his property. SECTION 1834. Failure of any paid fire warden (and sheriffs, deputy sheriffs, game wardens, and deputy game wardens are deemed paid fire wardens) to prosecute, etc., for violations of the law. SECTION 1835. Failure of able-bod- ied citizens between the ages of 18 and 50 yearsy residing in the : vicinity, on formal request of a fire warden, to assist in putting out fires, except for good and suf- ficient reason, it being provided that no citizen shall be called upon to fight fire a total of more than five days in one year. SECTION 1838. Destroying, defac- ing, removing, or disfiguring fire notices posted under provisions of the act. SECTION 1839. Failure of county attorney to prosecute upon proper complaint filed with him, fora violation of the act, etc., or of any magistrate. PENALTY. Imprisonment in the State prison for hot less than 1 year nor more than 10 years. Fine of not less than $20 nor more than $1,000, or imprisonment in county jail for not less than 10 days nor more than 12 months, or both, and forfeiture of office. Fine not less than $15 nor more than $50, or imprisonment in > county jail for not less than 1 nor more than 30 days, or both. Fine of not less than $15 nor more than $250, or imprisonment in county jail for not less than 10 days nor more than 3 months, or both. Fine of not less than $100 nor more than $1,000 and his office de- clared. vacant by the district court. (20) OFFENSE. SECTION 2765. No person (except a settler who is clearing his land for agricultural. purposes not including the burning of slash- ings, or in case brush to be burned is piled up and there is a clear space of 30 feet around such pile) shall burn any forest mate- rial from June 1 to September 30, inclusive, without first obtaining a written permit from the State forester, a warden, or a ranger. Setting out a fire contrary to the. terms of the permit. Setting out a fire more than 10 days after date of permit. Setting out the fire when the wind is blowing to such an extent as tocause danger of the fire spread- ing beyond control of the person setting it. Setting out a fire without sufficient tools and help present at the time of setting it out, and there- after to control it. Failure of the person setting out the fire to watchit untilit is out. SECTION 2766. Any person who shall set or leave any fire on any land within the State which shall spread and damage or de- stroy property of any kind not his own. Any person who shall maliciously set a fire on his own or on an- other’s land with intent to de- stroy property not his own, ete. Kindling a camp fire during the closed season, on land not his own, in or dangerously near any forest material, and leaving the | same unquenched. PENALTY. Fine of not less than $25 nor more than $500, or imprisonment in county jail for not less than 10 days or more than 90 days, or both. The same. The same. The same. The same. The same. Fine of not less than $10 nor more than $500. Felony. Imprisonment in the State penitentiary for not less than 1 year nor more than 50 years. Fine not. less than $10 nor more than $100, or imprisonment in the county jail for not more than 60 days. OFFENSE. Throwing away any lighted cigar, cigarette, or matches, or using firearms, or any other act which shallstart a firein forest material not his own, and leaving the same unquenched. SECTION 2768. For failure of any magistrate having jurisdiction to prosecute for the violation of the act. SECTION 2769. Any person who shall set or leave any fire on his own or on another’s land that shall spread and damage or de- stroy property of any kind not his own, etc. SECTION 2771. Any person, firm, or corporation (except actual set- tler clearing his land for agricul- tural purposes, notincluding the burning of slashings) failing to burn or otherwise dispose of within 1 year from date of cut- tings, brush, slashings, and other inflammable material resulting from timber cuttings. SECTION 2772. Failure to dispose of or burn within 2 years of date of this act, brush slashing and infiammable material resultIng from cuttings made since Octo- ber 1, 1918. SECTION 2773. Burning such brush slashing, or other inflammable material from June 1 to Septem- ber 30, inclusive, without obtain- ing a permit in writing from State forester or any of his sub- ordinates. Violations of the terms of the per- mit or the rules and regulations for burning. Failure of actual settler to obtain permit to burn slashings. PENALTY. Fine of not less than $10 nor more than $100, orimprisonmentin the county jail for not exceeding 60 days. Fine of not less than $100 nor more than $1,000 and dismissal from uffice. Liable in a civil suit for all dam- ages caused thereby: also for all costs and expenses incurred by the State of Montana, or by any forestry association, or by any person in extinguishing or pre- venting the spread of such fire. Fine of not less than $25 nor more than $500, or by imprisonment in the county jail for not less than 10 nor more than 90 days, or both. The same. The same. The same. The same. 23 DIGEST OF THE FISH AND GAME LAW OF MONTANA. Revised Code of 1921. OFFENSE. PENALTY. SECTION 3716. It is unlawful to. A fine of not less than $25 nor more have in possession any seine, net, or similar device for captur- | ing fish. than $500, or imprisonment in the county jail for not less than 10 days nor more than 180 days, or both. Note.—This does not apply to owners of private fish ponds as defined under the statute, nor to persons having unexpired seine or net license; nor does it apply to a landing net used in connection with a fishing pole. SECTION 3717. Catching, stunning, | A fine of not less than $500 nor or killing fish with the aid of giant powder, or other explosive | compound, or through the use of corrosive or narcotic poison or | other deleterious substance is | prohibited. SECTION 3718. It is unlawful for any person or corporation oper- ating a sawmill on or near any stream, pond, lake, or river to deposit sawdust, bark, shavings, oil, ashes, cinders, or débris in any of such waters or in any place where such débris is likely to be earried into such waters. | | | | more than $1,000 or by imprison- ment in the county jail for not less than 6 months nor more than 1 year. A fine of not less than $25 nor more than $500, or imprisonment in the county jail, for not less than 10 days nor more than 180 days, or both. SECTION 3719. Killing or capturing | The same. moose, bison, buffalo, caribou, or antelope at any time is for- bidden. SECTION 3720. Chasing with dogs any deer, elk, moose, buffalo, caribou, antelope, mountain goat, or mountain sheep is pro- hibited. SECTION 3721. Trapping for the purpose of sale or domestication ofany buffalo, elk, moose, moun- tain sheep, or mountain goat is forbidden. The same. The same. 24 » OFFENSE. | PENALTY. : | SECTION 3742. It is unlawful to | A fine of not less than $25 nor more sell or offer for sale any game animal or bird, or part thereof, | except that game specimens may | be sold under permit from the State game warden. SECTION 3722. Trapping or killing | of beaver without a special license from the State game warden is | forbidden. Failure to make written report of the number of beaver killed and the manner in which they were disposed of, within 30 days of the date of such killing, to the State fish and game warden is a misdemeanor. Killing or capturing of marten is prohibited except under special license from the State fish and game warden. The period with- in which the killing of marten | may be legally authorized is from September 15 to May Il. SECTION 3679. Any person, firm, or corporation violating any rule, regulation, or order of the State | fish and game commission made | pursuant to law, or any officer who fails to enforce the fish and game laws, is guilty of a crime. SECTION 3682. It is unlawful for any person to take, hunt, shoot, | pursue, or kill any game, game | birds, or animals without first | having procured a license, and | in the manner and within the period prescribed by law. | \ than $500, or imprisonment in the county jail for not less than 10 days nor more than 180 days, or both. The same. The same. The same. A fine of not more than $300, or by imprisonment in the county jail for not more than 90 days, or both, and forfeiture of license. A fine of not more than $500 nor less than $25, or by imprisonment in the county jail for not less than 10 days nor more than 180 days, or both, and forfeiture of license for not less than 1 year. ' NoTE.—Game animals are defined by law as deer, elk, moose, antelope, bison or buffalo, caribou, mountain sheep, and mountain goat. Game birds are quail, Chinese pheasant, Hungarian pheasant, partridge, wood duck, curlew, swan, loon, turtle dove, grouse, prairie chicken, sage hen, sage grouse, fool hen, pheasant, wild geese, wild ducks, and brant. OFFENSE. Taking fur-bearing animals with traps or other devices without a license is forbidden by law. Note.—Fur-bearing animals fox, sable, muskrat, and fisher. It is unlawful to take, capture, or fish without having first pro- cured a license. SECTION 3684. It is unlawful to misrepresent any facts as to citi- zenship or alienage with intent to obtain any kind of a license for a feeless than that established by law. | PENALTY. __A fine of not less than $25 nor more than $500, or by imprisonment | in the county jail for not less than 10 nor more than 180 days, or both. are defined by law as marten, otter, A fine of not less than $25 nor more than $500, or by imprisonment in the county jail for not less than 10 nor more than 180 days, or both. The same. Norte.—Licenses are classified as: (a) resident, general; (b) non- resident, general; (c) nonresident, limited; (d) nonresident, fish- ing; (e) alien, general; (f) alien, SECTION 3689. No person to whom a license has been issued shall be entitled to take fish, birds, or animals of the species specified in the act unless at the time of taking he shall have such license in his possession. To refuse to exhibit a license on the request of a warden or other . Officer or person is unlawful. fishing; (g) trapper’s. A fine of not less than $25 nor more than $500, or by imprisonment in the county jail for not less than 10 nor more than 180 days, or both, and forfeiture of license for a period of not less than 1 year. The same. NOTE: Persons under 15 years of age may hunt and fish during the open season without a license. SECTION 3692. It is illegal to alter or change in a material manner, or loan, or transfer to another a license, or to make any false ‘statement in an application for a license. SECTION 3694. Capturing, shooting, killing, or attempting to capture or kill any game animal or bird - from an automobile, or with the aid of any set gun, light, trap, snare, or other device (not in- cluding blinds or overdecoys in shooting wild water fowl) is for- bidden. A fine of not less than $25 nor more than $500, or by imprisonment in the county jail for not less than 10 nor more than 180 days,.or both, and forfeiture of license for a period of not less than 1 year. The same. Nw OFFENSE. It is contrary to law to kill or hunt game animals or birds from any airplane, power boat, sail boat, or any floating device towed by a power or sail boat. It is unlawful for a person to have | in his possession in forest or field | while hunting any device de- signed to silence or muffle or | minimize the report of a firearm. It is unlawful to catch in the public waters of Montana in any one day more than 50 game fish of a gross weight of 25 pounds, and not more than 10 of such fish shall be less than 6inchesinlength. It is unlawful for a person to have in his or her possession at any time more than 50 game fish of a gross weight of 25 pounds. Itis unlawful to catch any game fish through ice. PENALTY, A fine of not less than $25 nor more than $500, or by imprisonment in the county jail for not less than 10 nor more than 180 days, or both, and forfeiture of license for not less than 1 year. The same. The same. é The same. Note. Game fish are defined as mountain trout, rainbow trout, eastern brook trout, grayling, Rocky Mountain whitefish, steel- head trout, black bass, Dolly Varden trout, and Lock Levin trout. For law relative to the taking of fish from ponds or lakes privately owned or controlled, see section 14a of chapter 238, Montana Session Laws of 1921. SECTION 3696. The killing, shoot- ing, hunting, or capturing of any elk between the 15th day of November of any year and the 15th day of October of the fol- lowing year, or the killing, shoot- ing, hunting, or capturing of more than one elk, or the leaving in the field or woods of any por- tion of an elk suitable for food is forbidden. The hunting, killing, sheoting, or capturing of elk at any time within the counties closed by law and not subsequently de- A fine of not more than $1,000 nor - less than $500, or by imprison- ment in the penitentiary for not less than 6 months nor more than 1 year, or both, and forfeit- ure of license for a period of not less than 1 year. It is doubtful if a violation of this portion of the section is more than a misdeaneanor punishable by a fine of not less than $25 nor ? OFFENSE. clared open for hunting by the | Fish and Game Commission. | | | PENALTY. more than $500, or by imprison- ment in the county jail :for not less than 10 days nor more than 180 days, or both, and forfeiture of license for a period of not less than 1 year. Nore.—All counties of the State are closed for elk hunting through- out the year, except Flathead, Park, Sweet Grass, Teton, Pondera, Hacier, and Madison Counties, and that portion of Lewis and Clark County drained by the South Fork of the Flathead River, and that part lying north of the Dearborn River not included in a game pre- serve. Hunting is permitted also during the open season in those parts of Missoula and Powell Counties lying west of the North Fork of the Big Blackfoot River and north of the Main Big Blackfoot River west of the confluence of the two streams. Also, hunting during the open season is allowed in those portions of Missoula and Powell Counties drained by the waters of the South Fork of the Flathead River and within those portions of Missoula County lying east of Belmont Creek from its source, north of the Big Blackfoot River and east of the confiuence of said Belmont Creek with the Big Blackfoot River at the west end of Nine Mile Prairie, also that por- tion of Missoula County drained by streams flowing into Swan River, also that portion of Gallatin County north of the North Fork of Sixteen Mile Creek. SEcTION 3697. It is unlawful to | hunt, shoot, kill, or capture any | deer in the closed season or more | than one deer with visible horns | in the open season, or to kill or | capture at any time any female | deer. | A fine of not more than $500 nor less than $25, or by imprison- ment in the county jail for not less than 10 nor more than 180 days, or both, and forfeiture of license for not less than 1 year. NotE.—The open season for deer hunting is from November 1 to December 1, inclusive of each year in a limited number of counties in Montana. SECTION 3698. The law declares it to be a misdemeanor to destroy evidence of the sex of any deer killed. SECTION 3699. It is illegal to hunt, shoot, kill, or capture any Rocky Mountain sheep or goat in any part of Montana prior to October 1, 1926. A fine of not more than $500 nor less than $25, or by imprison- ment in the county jail for not less than 10 nor more than 180 days, or both, and forfeiture of license for not less than 1 year. The same. OFFENSE. SEcTION 3700. Under this section the hunting, shooting, killing, or capturing of quail, Chinese pheas- ant, Hungarian pheasant, wood duck, curlew, swan, loon, or turtle dove at any time or place within the State is prohibited. SEcTION 3701. It is unlawful to hunt, shoot, kill, or capture any grouse, prairie chicken, sage hen, sage grouse, fool hen, pheasant, or partridge, except from Octo- ber 1 to October 15 inclusive of each year, and then it is lawful only in the counties of Flathead, Missoula, Lincoln, and Sanders before September 15, 1923. It is illegal, too, for any person to shoot, kill, or capture in any one _ day more than five birds of any kind, or for any person to have in possession more than five of | any kind at any one time. | PENALTY. A fine of not more than $500 nor less than $25, or by imprison- ment in the county jail for not less than 10 nor more than 180 days, or both, and forfeiture of license for a period of not less than 1 year. A fine of not less than-$25 nor more than $500, or by imprisonment in the county jail for not less than 10 nor more than 180 days, or both, and forfeiture of license for not less than 1 year. ° NotEe.—The Fish and Game Commission of Montana has discre- tionary: power to close any territory for hunting or fishing and to modify the law relative to closed or open periods (Chap. 193, Session Laws, 1921). SECTION 3703. It is unlawful to hunt, shoot, kill, or capture any wild geese, wild duck, or brant, except from the 16th day of Sep- tember of any year to the Ist of January of the following year, or to shoot, kill, or capture more than 20 ducks, 8 geese, or 8 brant. SECTION 3704. The law prohibits the shooting, killing, trapping, or capturing of marten, otter, fox, sable, muskrat, or fisher, except from the ist day of No- vember of any year to the Ist day of April of the following year. A fine of not less than $25 nor more than $500, or by imprisonment in the county jail for not less than 10 days nor more than 180 days, or both, and forfeiture of license for a period of not less than 1 year. The same. OFFENSE. PENALTY. SECTIONS 3761 TO 3770. Violation | A fine of not less than $25 nor more of the terms of the laws which than $500, or imprisonment in created the Flathead, Gallatin, the county jail for not less than Highwood, Powder River, Pryor 10 days nor more than 180 days, Mountain, Snow Creek, Snowy or both. Mountain, Sun River, and Twin Buttes:Game Preserves. SECTIONS 3771 AND 3772. Violation | A fine of not less than $50 nor more ofthe provisionsof the law which than $500, or imprisonment in created the South Moccasin the county jail for not more than Game Preserve. 90 days, or both. SECTIONS 3775 AND 3776. Violation | A fine of not less than $25 nor more of the provisions of thelaw which than $100, or imprisonment in created the Beaverhead Fish and the county jail for not less than Game Preserve. 30 days nor more than 6 months. or both. - SECTIONS 3773 AND 3774. Violation | A fine of not less than $25 nor more of the provisions of the Act which than $500, or by imprisenment . created the Blackleaf Game and in the county jail for not less than . Bird Preserve. 10 nor more than 100 days, or both. Note.—Should any Forest officer desire to be informed of the boundaries of any of the Game Preserves of Montana, he should request the information from the District Forester. DIGEST OF MONTANA PROPERTY TRESPASS AWS. Revised Code of 1921. OFFENSE. PENALTY. SecTION 11345. Maliciously burn- | Imprisonment in the State prison ing in the nighttime an inha- for not less than 5 years. bited building in which there is at the time some human being. Maliciously burning withintent to | Imprisonment in the State prison destroy any building, house, for not less than 1 nor more than edifice, structure, vessel, railroad 10 years.. car, tent, camp wagon, sheep wagon, or other erection capable of affording shelter. SECTION 11348. Any person who | Imprisonment in the State prison shall enter in the nighttime any for not less than 1 nor more than house, room, apartment, tene- 15 years. ment, shop, warehouse, store, 3 OFFENSE. mill, barn, stable, outhouse or other building, tent, vessel, rail- road car, with intent to commit grand or petit larceny, or any felony, is guilty of burglary in the first degree. Any person who shall enter in the daytime any of the structures de- fined in the last section, with | intent to commit grand or petit larceny, or a felony, is guilty of burglary in the second degree. SECTION 11352. Any person who shall commit burglary with the use of. nitroglycerin, dynamite, gunpowder, or other high explo- | sive. SECTION: 11482. It is unlawful for | any person to tear down, break, or injure any fence or other en- | closure for the purpose of enter- ing on the land of another with- out.the consent of the owner or the occupant. | SECTIONS 11373 AND 11374, Any | person who takes any property with intent to defraud the true owner Of his property, or the use | and benefit of the same, or ob- tains possession of the property, by the aid of any fraudulent or false representation, or makes any check, order, or draft for the payment of money, upon any | bank, knowing at the time of | such making, or drawing, that | sufficient funds are not available, | etc., is guilty of larceny. If the value of the thing taken or ob- tained exceeds in value the sum of $50, or if the property is taken from the person of another, it is grand larceny. If the value of the thing taken or obtained is 0 PENALTY. | Imprisonment in the State prison for not more than 5 years. Imprisonment in the State prison for not less than 15 years nor more than 40 years. . A fine of not less than $10 nor more than $500, orimprisonment in the county jail not exceeding 6 months, or both. For grand larceny the penalty is imprisonment in the State prison for not less than 1 nor more than 14 years. For petit larceny the punishment prescribed is a fine of not more than $500, or imprisonmentin the county jail for not more than 6 months, or both. less than $50, the crime is petit | larceny. dl OFFENSE. SECTION 11476. It is unlawful for any person willfully and mali- ciously to burn any bridge ex- ceeding $50 in value, or any stack of grain or hay, or any growing or standing grain, grass, tree, or fence belonging to another. SECTION 11481. It is unlawful will- fully or maliciously to cut down, destroy, or injure any kind of ‘wood or timber growing or stand- ing on the land of another, or carry away from such lands any timber or wood, or maliciously to injure or sever any property from such land. To destroy, deface, or injure any - door, window, or other portion of a vacant residence or other building or maliciously opening any closed door or window of such building without the con- sent of the owner, tenant, etc., isacrime. SECTION 11487. It is a crime will- fully and maliciously to cut, break,injure,or destroy any dam, bridge, canal, flume, aqueduct, levee, embankment, reservoir, or other structures erected to create. hydraulic power, or for mining, manufacturing, agri- cultural, or municipal purposes. SECTION 11488. Maliciously to cut, sink, break, injure, or set adrift, any boat or vessel the property of another is a crime. SECTION 11489. Every person who unlawfully obstructs the naviga- tion of any navigable stream, is guilty of a misdemeanor. SECTION 11491. Defacing, destroy- ing, or tearing down any copy of or extract from any law of the United States, or of the State of PENALTY. Imprisonment in the State prison for not less than 1 nor more than 10 years. A fine of not more than $500 or im- prisonment in the county jail for not more than 6 months, or both. The same. A fine of not less than $100, or im- prisonment in the county jail for not more than 2 years, or both. A fine of not more than $500, orim- prisonment in the county jail for not more than 6 months, or both. The same. A fine of not more than $100, or imprisonment in the county jail for not more than 3 months, or both. OFFENSE. Montana, or any proclamation, advertisement, or notification set up at any place in the State of Montana by authority of any law of the United States or of Montana, is prohibited. SECTION 11499. Willfully break- ing, digging up, obstructing, or - injuring any pipe or main con- - ducting water or gas, or any works erected for supplying buildings with water or gas, is a misdemeanor. SECTION 11512. Willfully adminis- tering poison to any auimal, the property of another, or exposing the same with intent to have it taken by an animal, the property of another, is a felony. SECTION 11528. Willfully leaving open the gate leading in or out of any inclosed premises is a mis- demeanor. = i SECTION 11233. Any person who maintains anything injurious to health, orindecent or offensive to the senses, or anything that isan obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life and property by a commu- nity or neighborhood, or any con- siderable number of persons, etc., is guilty of maintaining a public nuisance. SECTION 11235. Putting dead ani- mals or the offal of a slaughter pen or butchershop in any river, creek, pond, reservoir, or public highway, or on the borders of any stream, lake, etc., from which the water supply ofa city or town is taken, is illegal. | | | | PENALTY. A fine of not more than $500, or imprisonmentin the county jail for not more than 6 months, or both. Imprisonment in the State prison for not more than 3 years or in the county jail for not more than 1 year, or a fine of not more than $500, or both. A fine of not more than $25. A fine of not more than $500, or imprisonment in the county jail for not more than 6 months, or both. A fine of not more than $1,000, or imprisonment in the county jail for not more than 1 year, or both. OFFENSE. SEcTION 11210. Defacing marks upon logs, lumber, or wood, or placing false marks thereon, with intent to prevent the owner from identifying or discovering his property, is a crime. SECTION 11194. Willfully poison- ing food, medicine, or water, or drink, or any well or spring or reservoir of water, is a felony. SECTION 11474. Every person who maliciously injures or destroys any real or personal property not his own is guilty of a crime. PENALTY. A fine of not more than $500, or imprisonment in the county jail for not more than 6 months, or both. Imprisonment in the State prison for not less than 1 nor more than 10 years. A fine of not more than $500, or imprisonment in the county jail for not more than 6 months, or both in case of a misdemeanor and in case of felony, confine-- ment in the State penitentiary for a term of not less than 1 year and not more than 5 years. DIGEST OF MONTANA GRAZING TRESPASS AND STOCK SANITATION LAWS. Revised code, 1921. OFFENSE, SECTION 3317. It is unlawful to re- move from Montana any horse, mule, mare, colt, or foal without the same being inspected by a stock inspector, or the sheriff of the county. SECTION 3324. It is illegal for any person, association, or corpora- tion to remove any stock or neat cattle from one county to an- other within the State of Mon- tana, by railroad or otherwise, until they are inspected for brands, by a stock inspector. PENALTY. A fine of not more than $300 nor less than $50, or imprisonment in the county jail in default of payment of fine until such fine is discharged at the rate provided by law. A fine of not less than $50 nor more than $500, or imprisonment in the county jail for not more than 6 months, or both. _ Nore. This act does not apply to stock driven by the owner from one county to another for the purpose of pasturing, feeding, or changing range, etc. dO oo Ss 34 OFFENSE. It is illegal for any railroad com | pany to ship any stock or neat cattle without receiving an in- spection certificate covering such stock. SECTION 3288. To violate the rules of the Montana Stock Sanitary Board is a crime. SECTION 3269, It is unlawful to sell for human food any part of an animal slaughtered under insan- | itary conditions. SECTION 3287. It is unlawful for any owner or agent in charge ofa domestic animal to permit such animal torun at large on the pub- lic range or on a public highway while it is suffering from or ex- posed to any infectious, contagi- ous, or communicable disease. SECTION 11211. Maliciously to mark or brand, or alter any brand, with intent to steal any kind of stock or prevent its identification by the owner is a felony. SECTION 3306. Violation of the law of 1921 providing for the reg- ulation, artificial marking branding of live stock, and recording of marks and brands is a misdemeanor. SECTION 11263. To knowingly sell or offer for sale any animal hay- ing glanders, farcy, or any conta- gious disease is a crime. SECTION 11543. To drive any horses, cattle, mules, or sheep through Montana, which are brought from another State with- out being properly branded, is a misdemeanor. SECTION 11549. It is unlawful to drive any cattle, horses, mules, or sheep from their customary range without the consent of the owner. OG >} PENALTY. A fine of not less than $50 nor more than $500, or imprisonment in the county jail for not more than 6 months, or both. A fine of not more than $500, or im- prisonment in the county jail for not more than 6 months, or both. The same. The same. A fine of not more than $500, or im- prisonment in the State prison for not more than 5 years, or both. A fine of not more than $1,000, or imprisonment in the county jail for not more than 1 year, or both. A fine of not more than $500, or im- prisonment in the county jail for not more than 6 months, or both. A fine of not less than $50 nor more than $300. A fine of not more than $100, or im- prisonment in the county jail for not moreethan 90 days, or both. Bo OFFENSE. SECTIONS 3403 to 3405. It is unlaw- ful for any person, firm, com- | pany, or corporation to turn upon or allow to run at large on | the open range of the national | forest reserves any bull, other than a pure-bred one of recog- nized beef type, or in case such person permits female breeding cattle to run at large, any pure- bred bull less than 15 months or more than 8 years of age. SECTION 3340. It is unlawful for any person to take into possession for his own use and benefit any estray without owner’s consent. PENALTY. A fine of not less than $25 nor more than $250. A fine of not less than $25 nor more than $100, or imprisonment. in the county jail for not exceeding 60 days, or both. Notre.—An ‘“‘estray”’ is defined as any mare, gelding, stallion, colt, foal, mule, jack, jennet, cow, ox, steer, bull, stag, heifer, or calf, running at large away from its accustomed range, or any of the animals defined, the owner of which can not be found upon reason- able diligence. DIGEST OF MISCELLANEOUS TRESPASS LAWS OF MONTANA. Revised Code of 1921. Grouped under this head is the substance of several Montana trespass laws applicable within as well as without national forests. They are dissimilar in many respects to other trespass laws; therefore it is deemed appropriate to set out a digest of them apart from the others. OFFENSE. SECTION 1729. The failure of the person responsible for encroach- ment by any fence, building, or otherwise on a public highway, to remove the same immediately upon the request of the proper road supervisor. SECTION 10894. Any person who destroys any book, paper, instru- ment,.or writing, or other mat- ter or thing, knowing that the same is about to be required as evidence at any trial or investi- gation required by law, or con- ceals the same is guilty of a mis- demeanor, PENALTY. Forfeiture of $10 for each day that the encroachment remains un- moved after due notice. A fine of not more than $500, or im- prisonment in the county jail for not more than 6 months, or both 36 OFFENSE. SEcTION 10895. Preventing or dis- suading a witness from appearing at a trial authorized by law. SECTION 10916. Refusal of any peace officer to arrest a person properly charged with the com- mission of a crime. SECTION 10898. If two or more per- sons conspire to commit a crime of any kind, it is a criminal con- spiracy. SEcTION 11464. It is unlawful ma- liciously to injure a public high- way or obstruct the same. PENALTY. A fine of not more than $500, or imprisonment in the county jail for not more than 6 months, or both. A fine of not more than $5,000, or imprisonment in the county jail for not more than 5 years. A fine of not more than $1,000 or prisonment in the county jail for not more than 1 year, or both. A. fine of not more than $1,000, or imprisonment in the State prison for not more than 5 years, or in the county jail for not more than 1 year, or both. Nore. A highway is defined by law as any highwom road, lane, rv. street, alley, court, place, or bridge laid out or erected the public or traveled or used by the public, or laid out or erected and dedicated by others to public use, or made a public highway upon petition. SEcTION 2649. It is illegal to pol- lute in any manner any water which is used as a source of sup- ply for any city, town, Federal, State, or county institution, or render it injurious to health, or to violate the rules of the State Board of Health. i‘ SECTION 11303. Carrying concealed weapons outside of the limits of any city or town is a crime. A fine of not more than $1,000, or imprisonment for not more than 1 year, or both. A fine of not less than $25 nor more than $300, or by imprisonment in the county jail for not less than six months nor more than 1 year, or both. Nore. This law does not apply to peace officers, game wardens , forest officers, etc. PART IIL. DIGEST OF IDAHO FIRE TRESPASS AND BRUSH DISPOSAL LAWS. Compiled Statutes of 1919. OFFENSE. SECTION 2943. Failure of any per- son, firm, or corporation engaged in the cutting and removal of timber, etc., to pile and burn or dispose of the brush incident to cutting, in a manner prescribed | by the fire warden of the district. SECTION 2947. Setting out a fire | by any logger, camper, farmer, | } | | individual, firm, or corporation | from June 1 to October 1,°in | slashings, fallen or down timber, or on timberlands, or in the vicinity of grain fields, for the purpose of clearing brush, grass, or other inflammable material, without obtaining a written per- mit from the fire warden of the district. Setting out a fire when the wind is blowing to such an extent as to cause danger of the same getting beyond contro! of the person setting out the fire. Failure of the person setting out the fire to watch it until it is out. Failure to have sufficient help present to control the fire. SECTION 2943. Failure to conform to the rules made by the fire warden of the district regarding brush disposal. PENALTY. Fine of not less than $100 nor more than $500, or imprisonment in the county jail for not less than 30 days nor more than 6 months, or both fine and imprisonment. Fine of not less than $100 nor more than $300, or imprisonment in the county jail for not less than 30 days nor more than 6 months. The same. The same. The same. Fine of not less than $100 10r more than $500, or imprisonment in the county jail for not less than 30 days nor more than 6 months, or both fine and imprisonment. OFFENSE, SECTION 2945. Operating in a tim- ber district any locomotive, logging engine, portable engine, traction engine, or stationery engine without a good and effi- cient spark arrester. SECTION 2946. Failure of warden or deputy warden or other person lawfully commanded to assist in the enforcement of the firelaw to perform his duty without suffi- cient cause. Kindling a fire on or near to forest or prairie lands and leaving the same unextinguished. Using other than incombustible wads for fire arms. Carrying a naked torch, firebrand, or exposed light in or near to forest land. Defacing, destroying, or removing any abstract or notice posted under this chapter. SECTION 2948. Failure of railroad operator to keep clear of com- bustible material a strip 50 feet on each side of center of line from June 1 to October 1. Railroad employees leaving or de- positing fire, live coals, or ashes in the immediate vicinity of woodland or lands liable to be overrun by fire. Failure of railroad operator to have posted in each station fire-warn- ing placards. Failure of railroad operator to give fire-prevention instruction to (his) employees at the beginning of the fire season. SECTION 8346. Willfully or care- lessly setting on fire or causing to beset on fire any timberlands, thereby destroying the timber. PENALTY. Fine of not Jess than $25 nor more than $100 for each day that such engine or locomotive is so used. Fine of not less than $10 nor more than $100. The same. The same. The same. The same. Fine of not more than $100 for each offense. Fine of not less than $5 nor more than $50. Fine of not more than $100. The same. Fine of not mare than $300, or imprisonment in the county jail for not more than 6 months, or both. 39 OFFENSE. PENALTY. Willfully setting on fire or causing | Fine of not more than $300, or to be set on fire prairie lands, imprisonment in the county jail thereby destroying the grass or | for not more than 6 months, or grain on such lands. | both. Building a camp fire in any woods | The same. or on any prairie and leaving the same without totally extinguish- | ing the same. { Railroad company willfully and | carelessly permitting fire to | spread from its right of way to | adjoining lands. The same DIGEST OF IDAHO FISH AND GAME TRESPASS LAWS. Compiled Statutes of 1919. OFFENSE. PENALTY. SECTION 2686 (as amended by the | A fine of not less than $25 nor more session laws of 1921). It is un- than $300, or imprisonment for lawful for any person to hunt, not less than 30 days nor more trap, or angle for any of the wild than 6 months, or both. animals, birds, or fish in the State of Idaho unless in the man- ner provided by law and then only after procuring the required license. Note.—Game animals are defined by the Idaho law (§2679 as amended in 1921) as moose, elk, deer, caribou, mountain goat, mountain sheep, antelope, bear, snowshoe and cottontail rabbits, and bear. Game birds are defined (§2680) as swan, geese, brant, river and sea ducks, rails, coot or mud hens, plover, surf birds, snipe, sandpipers, tattlers, curlews, sage hens, grouse, prairie chick- ens, pheasants, partridges, quail, and turtle doves. Game fish are . defined (§2681) as trout, char, black bass, perch, sun fish, red fish, white fish, ling, grayling, sturgeon, salmon, land-locked salmon, cat fish, bull head, and bull frog. It is unlawful to carry any uncased ; A fine of not less than $25 nor gun in the fields or forests with- | more than $300, or imprison- out first having procured a li- | ment for not less than 30 days cense. nor more than 6 months, or both. SECTION 2687 (as amended by the | The same. Session Laws of 1921). It is un- | lawful to hunt any game or fur- bearing animal without having procured a license. Nore.— Fur-bearing animals are defined (§2683 as amended in 1921) as beaver, otter, marten, mink, muskrat raccoon, fox, and fisher. 40 OFFENSE. PENALTY. It is unlawful to fish in the public | A fine of not less than $25 nor waters of the State without first more than $300, or imprison- having procured a license. . ment for not less than 30 days nor more than 6 months, or both. Note.—Under the law ($2688 as amended in 1921) children under 12 may take fish without a license. Veterans of the Civil War may take fish, game animals, and game birds withcuta license. Itis also provided that $2687 shall not apply to such children and yeterans. SECTION 2689. The law prohibits A fine of not less than $25 nor any child under 12 years of age more than $300, or imprisonment from having in his possession for not less than 30 days nor any shot gun, rifle, or firearm | more than 6 months, or both. while in the field or forest or in any tent, camp, or auto. SECTION 2698. Failure to produce The same. a license on the request of any game warden or any assistant or deputy. _ Nore.—There are three classes of licenses, viz, citizen and bona fide resident licenses, nonresident licenses, and alien licenses. These are further divided into: Licenses which grant authority to hunt or kill game animals, game birds, and game fish during the open season: licenses which authorize the hunting or killing of game birds only, in the open season; licenses to catch fish in the open season in the manner provided by law; license to trap fur- bearing animals within specified periods; licenses to carry a rifle for the protection of stock but not for hunting. SECTION 2686. It is unlawful to | A fine of not less than $25 nor hunt or fish without a properly more than $300, or imprisonment issued license in your possession. for not less than 30 days nor more than 6 months, or both. SECTION 2705 (as amended in | A fine of not less than $25 nor 1921). . Selling or offering for more than $100, or imprisonment sale, shipping or offering for | for not less than 10 nor more shipment any salmon, whitefish, or Sturgeon without first secur- ing a permi! is a misdemeanor. SECTION 2708 (as amended in | A fine of not less than $25 nor than 60 days, or both. 1921). It is unlawfal for anyone more than $300, or imprisonment to :ell or keep for sale any part for not less than 30 days nor or parts of any game animal more than 6 months, or both. (except bear), except the hides, horns, or heads, and they may Fi be sold only when accompanied by an affidavit in the frm cfa shipping permit. | 41 OFFENSE. PENALTY. SECTION 2710 (as amended in | A fine of not less than $25 nor more 1921). A shipment of “game than $300, or imprisonment for animals or parts thereof in | not less than 30 days nor more transit at the close of the open | than 6 months, or both. season may continue to destina- | tion but not for more than 5 days after such close. Possession except as authorized by this or other provisions of the law is a misdemeanor. SECTION 2723 (as amended in The same. | | 1921). It is unlawful for any person, company, or corporation to offer for sale, or sell, or have in possession for such purpose any game animals, game birds, game: fish, or parts thereof, except as provided by law. Note.—This law is not applicable to the owners of private fish ponds. SECTION 2725 (as amended in 1921). ; A fine of not less than $25 nor more It is a misdemeanor for any per- than $300, or imprisonment for son, company, or corporation to not less than 30 days nor more store or receive for storage any than 6 months, or both. game or fish except during the | open season therefor and from | the lawful possessor and unless the license tag is attached and | the affidavit and storage permit are received from the owner. NOoTE.—Migratory waterfowl may be possessed or stored for 10 days only next succeeding the open season therefor. SECTION 2726 (as amended in 1921). | A fine of not less than $25 nor more The possession ofany game, dead than $300, or imprisonment for or alive, during the closed season not less than 30 days nor more unless it was procured lawfully than 6 months, or both. during the open season is a crime. EXCEPTION.—Migratory birds may be retained in captivity for decoy purposes only under permits from the State Fish and Game Warden and the Federal Government. OFFENSE. SECTION 2730 (as amended in 1921). It is unlawful to catch, attempt tocatch, or killany species of fish | with any seine, net, spear, weir, fence, basket, trap, gill-net, trammel] net, or other contriv- ance. 42 | | PENALTY. A fine of not less than $50 nor more than $300, or imprisonment for not less than 20 days nor more than 6 months, or both. Nore.—This does not apply to the spearing of ling in the Kootenai River in Boundary County, nor to the capture of sturgeon with a set line, nor (see §2732) to the capture of salmon in certain parts of the Snake and Clearwater Rivers. Under permit from the fish and game warden (§2734 as amended in 1921), whitefish, herring, ling, suckers, mullet, chub, carp, and squawfish may be taken with anyjof the above contrivances. SECTION 2735 (as amended in 1921). Itis unlawful to catch or attempt to catch trout in any manner during the months of April or May, except in Jakes and navi- gable streams. Note.—For definition of navigable streams, see section fish and game laws. SECTION 2739 (as amended ini 1921). It is unlawful to catch any kind of fish through the ice, except in Bear Lake, Pend Oreille Lake, Payette and Warm Lakes, Koo- tenai River, Clearwater River up to the town of Lowell, North Fork of the Clearwater River up | to the mouth of Beaver Creek, Salmon River up to the Sun- | beam Dam, Snake River up to the Wyoming State line. } A fine of not less than $25 nor more than $300, or imprisonment for not less than 30 days nor more than 6 months, or both, rey, 273) 6 of the A fine of not less than $25 nor more than $300, or imprisonment for not less than 30 days nor more than 6 months, or both. Nore.—Section 2740 permits trout fishing through the ice in Kootenai River and Pend Oreille and Bear Lakes. SECTION 2741. The law prohibits fishing within.300. feet of a fish ladder or dam in any stream. A fine of not less than $25 nor more than $300, or imprisonment for not less than 30 days nor more than 6 months, or both. 43 OFFENSE. SEcTION 2742 (as amended in 1921). As to certain species it is unlawful to catch more than 15 pounds and 1 fish in any one day or to have in pos- session more than 30 pounds, or to catch in one day more than 50 or to have in possession more than. 100 fish. SECTION 2743. It is unlawful to kill or destroy or have in possession any trout or black bass less than 6 inches in length. SEcTION 2744. Fishing for trout from the back of any animal is forbidden. SECTION 2746. The taking of bull- frogs without a license is forbid- den. SECTION 2747. It unlawful to hunt, catch, or kill bullfrogs from April 15 to May 31, or to sell or purchase any bullfrogs or parts thereof. SECTION 2756 (as amended in 1921). The law prohibits hunting for, is shooting at, shooting, killing, | ete., of ducks, geese, or migratory birds from any launch or boat propelled by motor power of any kind. It prohibits also the shooting, ete., of any game ani- mal or game bird from a power boat, sailboat, automobile, or airplane. SECTION 2759. The ensnaring or trapping of game birds, unless under permit, is prohibited. SECTION 2760. It is unlawful to kill bandtailed pigeons, cranes, swans, or curlews and certain other migratory birds prior to December 7, 1926. PENALTY. A fine of not less than $25 nor n ore than $800, or imprisonment fo: not less than 30 days nor tore than 6 months, or both. The same. The same. The same. The same. The same. The same. The same. 44 OFFENSE. SECTION 2761 (as amended in 1921). The law prohibits the killing, attempted killing, or destruction of wild duck, geese, woodcock, black-breasted and golden plover, yellow legs, Wilson or jack snipe, except from October 1 to December 31, or the killing in one day or having in posses- sion at any time more than 12 ducks, 2 geese, 6 plover, 6 yellow legs, or 12 Wilson or jack snipe, or the killing or having in posses- sion at any one time a total of more than 20 of these birds. SECTION 2762 (as amended in 1921). It is unlawful to kill or destroy any mourning dove at any time or to kill in one day or havein possession a total of more than 6 partridges, sage hens, native pheasants, or grouse, or more than 8 quail. PENALTY. A fine of not less than $25 nor more than $300, or imprisonment for not less than 30 days nor more than 6 months, or both. The same. Note.—Under sections 2763, 2764, and 2765 as amended in 1921 the openseason for grouse and native pheasantin Boundary, Bonner. Kootenai, Benewah, and Shoshone Counties is from October 1 to October 31, inclusive. The open season in Latah, Clearwater, and Nez Perce Counties is from September 15 to October 15, inclusive. Hungarian partridge may be killed in Nez Perce County from November 1 to November 30, inclusive. j In Latah and Kootenai Counties the open season for Hungarian partridge is from November 1 to November 15, inclusive. The open season for sage hen is from August 15 to September 15, inclusive. Quail may be taken in Nez Perce County from November 1 to November 30, inclusive, and in Kootenai County from November 1 to November 15, inclusive. for quail hunting. SECTION 2767 (as amended in 1921). It is unlawful to kill Chinese, Mongolian, or ringneck pheas- ants in Latah and Nez Perce Counties, except from November 1 to November 30, inclusive, or to kill more than 4 of such birds or to sell or offer for sale such birds. Other northern counties are closed A fine of not less than $25 nor more than $300, or imprisonment for not less than 30 days nor more than 6 months, or both. + -OFFENSE. SECTION 2768. It is contrary to law to hunt, kill, capture, or destroy any song, insectivorous, or inno- cent birds with certain excep- tions. — SECTION 2771. It is unlawful to pursue, capture, or kill any moose, buffalo, antelope, caribou, calf elk, spotted fawn, or moun- tain sheep at any time. It is unlawful to kill beaver with- out a permit from the State fish and game warden. SECTION 2772. It is unlawful for anyone to have beaver hides in possession without a permit from the State fish and game warden. SECTION 2773 (as amended in 1921). The hunting, killing, or pursuing of elk and mountain goat is pro- hibited in Idaho and Clearwater Counties, except from October 1 to November 15, inclusive. It is unlawful to hunt, kill, or pur- sue any deer in Boundary, Bon- ner, Benewah, Kootenai, Sho- shone, Latah, Nez Perce, Idaho, or Clearwater Counties, except from October 1 to November 15, inclusive. SECTION 2774. It is inlawful to kill or capture any deer, elk, moun- tain sheep, or mountain goat by means of any pitfall, trap, or snare, or at any deer lick, or to hunt, capture, or pursue any of these animals with dogs. SECTION 2776. No more than one elk, one deer, and one mountain goat can be legally killed or cap- tured by any person. SECTION 2777. To have in posses- sion more than 30 pounds of dried, smoked, evaporated, or | jerked venison is unlawful. (uj ¢ PENALTY. A fine of not less than $25 nor mor ~ than $100. A fine of not less than $25 nor mor than $300, or imprisonment for not less than 30 days nor mor than 6 months, or both. The same. The same. The same. The saine. The same The same. The Sa ote 46 OFFENSE. SECTION 2778 (as amended in 1921). To make use of any dog in hunt- ing, pursuing, or killing any game animal (except bear, fur- bearing, or predatory animals) is unlawful. It is unlawful to watch or lie in wait upon or near any dry or wet stands, licks, creeks, rivers, or lakes that game animals other than bear, fur-bearing, or preda- tory animals are accustomed to use, with intent to take, kill, injure, or destroy any of these animals. It is unlawful to shoot or kill elk or deer while any of these animals are in the water or upon the ice of any stream, lake, or pond. PENALTY. A fine of not less than $25 nor more than $300, or imprisonment for not less than 30 days nor more than 6 months, or both. The same. The same. Note.—If the animal taken be a deer, antelope, mountain goat, or mountain sheep, the penalty is a fine of not less than $100 nor more than $300, or imprisonment in the county jail for not less than 30 days nor more than 6 months, or both (§2779). : If the animal taken bea moose, elk, buffalo, or caribou, the "pen- alty is a fine of not less than $150 nor more than $300, or impris- onment for not less than 60 days nor more than 6 months, or both ($2780). If the animal taken be a calf elk, spotted fawn, or young mountain sheep, the penalty isa fine of not less than $25 nor more than $100, or imprisonment for not less than 10 days nor more than 60 days, or both (§2781). If the animal taken be a snowshoe or cottontail rabbit, the penalty is a fine of not less than $25 nor more than $300, or imprison- ment for not less than 30 days nor more than 6 months, or both. SECTION 2783 (as amended in 1921). It is unlawful to trap muskrats, mink, raccoon, or otter except from December 1 to May 1. The trapping of marten, fox, or fisher is prohibited except from October 1 to February 1. It is unlawful to kill bear in th counties of Boundary, Bonner, Kootenai, Shoshone, or Bene- wah except from September 16 to May 30, inclusive. It is unlawful to trap beaver at any time of the year. A fine of not less than $25 nor more than $300, or imprisonment for not less than 30 days nor more than 6 months, or both. The same. The same. The same. eOFFENSE. SECTION 2784. It is unlawful to use the flesh of any game animal or bird for bait in trapping fur- bearing animals. SECTION 2788. It is a criminal of- fense for a trapper to fail to make the report required each year by the State fish and game warden. SECTION 2800. It is a misdemeanor to injure or destroy any rack or trap erected by the United States Bureau of Fisheries in any of the streams of Idaho, or to kill, de- stroy, or molest any salmon or game fish within 2 miles of any such rack or trap. SECTION 2804. Maliciously to waste any game or fish is a misde- meanor. SECTION 2424. To violate the law applicable to game preserves is a misdemeanor. he PENALTY. A fine of not less than $25 nor more than $300, or imprisonment for not less than 30 days nor more than 6 months, or both. A fine of not less than $10 nor more than $100, or imprissnment for not less than 5ncr. 2 than 30 days, or both. A fine of not less than $25 nor more than $300, or imprisonment for not less than 30 days nor more than 6 months, or both. The same. The general penalty is a fine of not less than $100 nor more than $500, or imprisonment for not less than 3 months nor more than { year, or both. Specific penalties are provided as tosome preserves . NotE.—l{ specific information as to the boundaries of any game preserve be desired, it may be obtained from the district forester or from the pamphlet known as “‘ Fish and Game Laws of Idaho.” DIGEST OF IDAHO PROPERTY TRESPASS LAWS. Idaho Compiled Statutes of 1919. OFFENSE. SECTIONS $426 AND 8427. Larceny is the felonious stealing, taking, carrying, leading, or driving away the personal property of another, or the converting of lost property to one’s own use with- out making reasonable search for the owner. } ! PENALTY. See sections $431, 8432, 8434, S43%. and 8474. OFFENSE. SECTION 8429. Grand larceny is committed if the property taken exceeds in value the sum of $60, or if the property is taken from ’ the person of another, or if the property taken be a horse, mare, gelding, cow, steer, bull, calf, mule, jack, goat, jenny, sheep, or hog. SECTION 8432. Ifthe property taken does not exceed $60 in value, the offense is petit larceny. SECTION 8438. Itis unlawful to pre- vent the owner of personal prop- erty from gaining possession of it, or to buy or receive any per- sonal property, knowing the same to have been stolen. SEctTION 8474. Every person who knowingly and designedly by false or fraudulent representa- tion or pretenses defrauds any other person of money or prop- erty or obtains credit by false representations or pretenses is guilty of a crime. SECTION 8439. It is unlawful for a person to bring into this State property which he has stolen in another State or received therein knowing it to have been stolen. SECTION 8441. Every person who willfully and without authority takes, with intent to deprive the owner thereof, any saw logs, timber, lumber, railroad ties, poles, rails, posts, or cord wood on any river or creek, or adjoin- ingland, which may have fioated down a river or creek, or removes or attempts to remove such logs, ete., or otherwise destroys or injures them, is guilty of a mis- demeanor. PENALTY. Imprisonment in the State prison for not less than 1 nor more than 14 years. A fine of not more than $300, or im- prisonment for not more than 6 months, or both. A fine of not more than $1,000, or imprisonment in the county jail for not more than 6 months, or imprisonmentin the State prison for not more than 5 years, or both. The punishment is the same as for larceny. The same. A fine of not less than $25 nor more than $300, or imprisonment for not less than 30 days nor more than 6 months, or both. 49 OFFENSE. SECTION 8442. To deface marks, remark, mutilate, or change the marks on logs, lumber, or wood, with intent to prevent identity © - being discovered by the owner, is a misdemeanor. SECTION 8516. It is unlawful mali- ciously to place any obstruction on the rail or track cf any rail- road. SECTION 8517. It is a felony to maliciously dig up, remove, dis- _ place, break, injure, or destroy any public highway or any pri- vate way lawfully laid out or any bridge on either of such ways. SECTION 8520. Willfully or negli- gently depositing débris of any kind on any highway, easement, or street used by the public for travel, which is likely to injure any stock, or person, ete., is a misdemeanor. SECTION 8521. Maliciously to take down, remove, obstruct, or in- jure any telephone or telegraph line or any part thereof is un- lawful. SECTION 8522. To obstruct, injure or damage in any manner any public road, street, or highway is a crime. PENALTY. A fine of not more than $500, or imprisonment not exceeding 6 months, or both. Imprisonment in the county jail for not less than 6 months, or in the State prison for not more than 5 years. Imprisonment in the county jail for not more than 1 year, or in the State prison for not more than 5 years. A fine of not more than $25, or im- prisonment for not more than 10 days. A fine of not less than $25 nor more than $300, or imprisonment for not less than 30 days nor more than 6 months, or both. The Same. NoTEe.—A highway is a road, street, alley, or§bridge laid outTfor erected by the public, or, if laid out by others, dedicated or aban- doned to the public. SECTION 8527. Willfully to burn, cut down, or materially injure any telephone, telegraph, or elec- tric-light pole or to shoot at or injure any insulator or wire, etc., is a misdemeanor. 110113—22—_4 1 (§ 1302.) A road not worked or used for a period of 5 years ceases to be a highway for any purpose. (§ 1305.) A fine of not less than $25 nor more than $100. 50 OFFENSE. SECTION 8539. Every person who shall maliciously injure or de- stroy any real or personal prop- erty not his own is guilty of a misdemeanor. SECTION 8541. Willfully to admin- ister any poison to any animal, the property of another, or ex- pose the same with intent that it shall be swallowed by such ani- mal is a crime. SECTION 8556. Willfully and mali- ciously to burn any bridge ex- ceeding $50 in value, or any building, snowshed, or vessel not the subject of arson, or any stack of grain or hay, or standing or growing grain, or grass or fence is a felony. SECTION 8559. It is a misdemeanor to injure or destroy any standing crop, grain, cultivated fruits, or vegetables, the property of another. SECTION 8563. Willfully and mali- ciously to cut, break, injure, or destroy any dam, bridge, canal, flume, aqueduct, levee, em- bankment, reservoir, or other structure erected to create hy- draulic power, or to drain or reclaim land, or to conduct water for mining, agricultural, manu- facturing, or reclamation pur- poses, etc., is a felony. SECTION 8564. It is a misdemeanor willfully and maliciously to burn, mark, brand, injure, de- face, or destroy any piling, tele- graph pole, telephone pole, elec- tric transmission line pole, fence post, pile, or raft of wood, plank, boards, or lumber, or to cut loose and sink or set adrift any raft or vessel. | | | | | | | | | | PENALTY. A fine of not less than $25 nor more than $300, or imprisonment for not less than 30 days nor more than 6 months, or both. A fine of not more than $500 and imprisonment in the county jail for not more than | year, or in the State prison for not more than 3 years. Imprisonment in the State prison for not less than 1 nor more than 10 years. A fine of not less than $25 nor more | than $300, or imprisonment for not less than 30 days nor more than 6 months, or both. A fine of not more than $1,000, or imprisonment for not more than 2 years, or both. A fine of not more than $300, or im prisonment in the county jail for not more than 6 months, or both. D1 OFFENSE. SECTION 8565. Intentionally tearing down, defacing, obliterating, or destroying any copy or extract of any State or Federal law, procla- | mation, notice, or advertisement, set in place by authority of the United States or the State, or any court, before the expiration of the time set for it to remainin place, is a misdemeanor. SECTION 8566. Maliciously to muti- late, destroy, tear, deface, or obliterate any written instru- | ment, the property of another, the false making of which would be forgery, is a felony. SECTION 8573. It is unlawful inten- tionally to deface, obliterate, de- stroy or tear down any posted | notice ofa miningclaim, or ditch, | or water right, or location, or to | take down, destroy or remove any post or monument erected to mark such property, etc. SECTION 8579. Any person who willfully, maliciously, or mis- chievously drives or causes to be | drivenany nail, spixe, iron, steel, or metallic substance, or rock or stone, into any log or timber in- tended to be manufactured into boards, lath, shingles, or lumber, | or marketed for such purpose, is guilty of a felony. SECTIONS 8580 AND 8581. To advo- cate crime, sabotage, violence, terrorism, or unlawful methods, as a means to accomplish indus- | trial or political reform, is a felony. PENALTY. A fine of not less than $20 nor more than $100, or imprisonment for not more than 1 month. Imprisonment in the State prison for not less than 1 year nor more than 5 years. A fine of not less than $25 nor more than $300, or imprisonment for not less than 30 days nor more than 6 months, or both. A fine of not more than $5,000, or imprisonment in the State prison for not more than 5 years, or in the county jail for not less than 6 months. | A fine of not more than $5,000, or | | | imprisonment in the State prison for not more than 10 years, or both. NotEe.—This crime may be committed by word of mouth, or by writing, printing, publishing, circulating, selling, distributing, or displaying any book, paper, or document advocating the com- mission of the abave crimes, or by justifying the attempt or action of another in the advocacy of such acts, or by organizing or helping to organize societies for such purposes, or by being present at a meeting of such society, or by membership in such society. : 52 OFFENSE. SECTION 8583. It is a misdemeanor for the owner of any building, after notice to him of such build- ing being used for syndicalist meetings, to permit such as- semblage. SECTION 8389. Willfully to cut, de- stroy, or injure without author- ity any timber or wood, growing or standing on lands of the State | of Idaho, is a misdemeanor. SEcTION 8390. Willfully to cut without authority timber or wood on State lands for the pur- pose of shipping it out of the State is a felony or to ship out of the State timber or wood cut upon State lands. PENALTY. A fine of not more than $500, or imprisonment in the county jail for not more than 1 year, or both. A fine of not less than $25 nor more than $300, or imprisonment for not less than 30 days nor more than 6 months, or both. A fine of not more than $5,000, or imprisonment in the State prison for not more than 5 years, or both DIGEST OF IDAHO GRAZING TRESPASS AND STOCK SANITATION LAWS. Idaho Compiled Statutes of 1919. OFFENSE. SECTION 1853. It is unlawful for any person, firm, or corporation to bring or cause to be brought into the State any animal af- fected or infected with any con- tagious, infectious or communi- cable disease. SECTIONS 1847 and 1876. It is a crime to violate any of the regu- lations of the United States Sec- retary of Agriculture restraining the importation of diseased cattle and suppressing contagious dis- eases among domestic cattle, after such rules have been ac- cepted by the Governor of the State. | PENALTY. A fine of not less than $100 nor more than $5,000. The same. 53 OFFENSE. SECTION 1860. To violate any of the quarantine regulations for the prevention or suppression of sca- bies or contagious, infectious, or communicable diseases in sheep, is a crime. SECTION 1985 (as amended in 1921). . This statute requires every user of the public range during the breeding season to place upon such range a registered bull of beef breed not less than 15 months nor more than 8 years of age, for every 25 head or fraction thereof of female breeding cattle pastured by him on such range. No bull shall be run on the same range for more than three succes- sive breeding seasons. A viola- tion of this law is a misdemeanor. 4 PENALTY. A-fine of not less than $100 nor more than $5,000. A fine of not less than $25 nor more than $100. Note.—This law does not apply to the owner of female dairy cattle taken up each night to be milked, provided such owner has for breed- ing such cattle a registered bull for every 50 head. DIGEST OF IDAHO MISCELLANEOUS TRESPASS LAWS. Compiled Statutes of 1919. OFFENSE. SEcTION 8204. It is criminal con- spiracy for two or more persons to conspire to commit any crime. SECTION 8339. To maintain or com- mit a public nuisance is a mis- demeanor. | | | | PENALTY. A fine of not more than $1,000, or imprisonment for not more than 1 year, or both. A fine of not less than $25 nor more than $300, or imprisonment for not less than 30 days nor more than 6 months, or both. Notre.—A public nuisance is anything which is indecent or inju- rious to health, or offensive to the senses, or an obstruction to thefree use of property so as to interfere with the comfortable enjoyment of it by an entire community or neighborho od, or unlawfully obstructs the free passage of any navigable lake, river, stream, street, highway, etc. PART IV. (1) Evidence. (2) Investigation. (3) Criminal Procedure Before United States Commissioners. (4) Criminal Procedure Before Justices’ Courts in Montana. (5) Criminal Procedure Before Justices’ and Probate Courts in Idaho. (6) Criminal Forms. (7) Index. EVIDENCE. : In lezal acceptation the word “evidence” includes all the means by which any alleged matter of fact, the truth of which is sub- mitted to investigation, is established or disproved. Proof should not be confused with evidence. Proof is the effect of the evilence or what results from the evidence. Evidence is the medium by which truth is established. Matters of fact are proved by moral evidence alone. Proof beyond a reasonable doubt does not mean proof beyond all doubt, as is sometimes understood by the layman. When we consider the limitations of the human mind and the chance for error in observation and calculation, it would be un- reasonable to expect a showing of proof beyond ali doubt. Satisfactory evidence is that which impresses the mind of the average person, after it has been tested by the customary legal rules of examination, that. the alleged fact under investigation is proved or disproved. lvidence must be competent and admissible, satisfactory and convincing. It must be sufficient. In civil cases it must preponderate in favor of one party or the other to the controversy, to entitle either one to a verdict; in criminal cases it must be beyond a reasonable doubt. Competency and admissibility are entirely distinct from the sufficiency and the effect ofevidence. The former is exclusively the province of the court to decide, and the latter is for the jury to analyze and value as they are guided by their experience in the common affairs of life. Cumulative evidence is that of the same kind bearing directly on the same point. To illustrate: Smith made a certain oral statement to Fisher relative to his presence at a particular place at a specified time. On another occasion, Smith made a similar statement concerning the same point to Russell. The testimony of Fisher and Russell on this point would be cumulative. Circumstantial evidence is of two kinds—certain, or that from which a reasonable conclusion follows; uncertain, or that from which a conclusion does not necessarily or immediately follow, but which renders the thing probable. Additional evidence of other circumstances connected with the point under investigation would be necessary before the truth would be disclosed or proper deductions could he made with a sufficient degree of certainty. There are mistaken notions as ‘to circumstantial evidence, especially as to its reliability and directness. There are persons who feel that (54) DD direct proof of every alleged fact ought to be and must le presented to a court and jury to warrant a conclusion as to what the facts are. This conception is erroneous, because circumstantial evidence, when properly tied together, is just as good as direct evilence. In fact, circumstantial evidence is direct evidence, and very often under a strong chain of it there is less chance to do injustice than under what is popularly known as direct evidence. The rule in criminal cases is that evidence of the circumstances relied upon to prove the guilt of the accused must be such as to produce a moral cervainty in the mind of the jurors of the guilt of the prisoner and to exclude every other reasonable assumption or conel ision. In the nature of human activity there is always evidence of a thing done or accomplished or of the failure to do what one’s duty to society requires. Often it is erroneously said that there is no evidence of a fact, or no evidence to connect the preparator with the crime. There is always evidence of the fact to be proved or to connect the perpetrator with the crime. The difficulty is in revealing the evidence to prove the crime and the guilt of the accused. Evidence ofa fact always exists; therefore it is not proper to say there is no evidence. Another common error is the assumption that because of family ties, or local animosity to existing governmental regulations, or a desire not to be a witness in a case, or because of the prospect of being adversely criticized by local inhabitants should a prospective witness discuss the circumstance of a crime, he will naturally misrepresent the facts within his knowledge. Men naturally speak truth. They are naturally inclined to truthfulness. The truth is always spoken unless selfish or other considerations influence the mind not to exercise its natural tend- ency. Even the greatest liar speaks the truth much more often than he falsifies in the course of everyday events. Therefore the statement of a person in regard to any matter under investigation should not be rejected. or considered unimportant because the investigator has learned that the person interrogated has had or has the reputation of being untruthful at times. Furthermore, even though some untruth might be found in the state- ment of a person having personal knowledge of a fact, still, on account of the natural tendency of his mind, there might be truth mingled with untruth in his version of the affair. And the investigator, from the limited truth presented, might be able to use the valuable part of the statement as a leader or guide to other sources of truth which would, if disclosed, be sufficient when correlated with what had already been ascertained to prove the matter under investigation. For this reason an investigator who understands his business will never reject an item having cither a direct or an indirect bearing on the subject matter. Moreover, in nearly every statement made by the ordinary man in which are described the occurrences connected with and surrounding the point to be proved, there are immaterial allegations. The duty of the investigator is to select and utilize the material part and disregard the immaterial. A keen mind can nearly always separate the valueless stuff from that which has a tendency to prove the point under investigation. D6 As men in general do not violate the penal code, the law presumes every man innocent. But some men do transgress the law; therefore reliable and sufficient evidence is required to rebut this presumption. This legal presumption of innocence is to be regarded by the jury as evidence favorable to the accused; and, if the guilt of the accused is to be shown by circumstantial evidence, the proof ought to be net only con- sistent with the prisoner’s guilt but inconsistent with any other rational conclusion. While there is a presumption of innocence, evidence of certain circumstances may raise also a presumption of guilt which might outweigh the presumption of innocence. For instance, the possession by the accused of the missing property of another would warrant a presumption that he stole it unless the possession is explained by him. Also, in a case of arson, the finding of property in the possession of the accused, which was known to be in the burned building a short time prior to its destruction would warrant a presumption that the accused was in some way connected with the crime. The presumption of guilt may also be proper if a person destroys or suppresses something which would evidence the truth cf the matter under investigation. This is on the ground that proof of the truth would operate against the accused. These presumptions are, however, for the jury to weigh and pass on accordingly. They are not conclusive presumptions upon which the court could render judgment in a criminal case. Every person accused of crime ought to have his case tried according to established rules of procedure in order that he may not be convicted through inadmissible and incompetent evidence which might be given undue weight by a jury to the injury of the accused, or which might be misinterpreted through prejudice or wantoniess or ignorance or mistake. Hence, certain rules of law are prescribed in order to regulate the intro- duction of evidence and to safeguard the legal rights of the accused. The production of evidence to a jury is, therefore, governed by four general principles: 1. The evidence must correspond with the allegation and be con- fined to the point in issue. 2. The evidence is sufficient if the substance only of the issue be proved. 3. The burden of proving a proposition, charge, or issue lies on the party holding the affirmative. 4. The best evidence of which the case, in its nature, is susceptible must always be produced. It 1s not necessary, however, that the evidence bear directly upon the issue or charge. It is admissible if it tends to prove the issue or is a link in the chain of proof. Also acts and declarations of the accused made at a former time are admissible to prove the intent of the same person at the time of the commission of the crime. Acts and declarations of the accused, after the time of the commission of the crime, are competent if they tend to establish his guilt. It should always be remembered that in every criminal case the burden of proof is on the Government to convince the jury of the guilt of the accused, according to the manner and form of the complaint or indictment. In a criminal case, proof of OK 7 the doing of an act by a specific person is not sufficient for conviction. It must be shown, in addition, that the act is unjustifiable and unlawful. That the best evidence of which the case is susceptible must be pro duced is a well-established rule of judicial procedure. This does not mean the greatest amount of evidence. The design of the rule is to prevent the introduction of secondary evidence while the original is in existence, and while it is within the power of the party to produce it. It is well to remember, too, that this rule does not comprehend the strength or weakness of evidence. The scope and intent of the rule is to prohibit substitution while the original is available. For instance, the production of the original written document is the best evidence ofits contents. A copy ofit or a statement ofits substance by a person who read it would be secondary evidence. There are, however, some exceptions to this rule. On account of the inconvience incidental to the removal of public records from their permanent depository, certified copies of these records are accepted in courts of justice instead of the originals. All forest officers should realize that hearsay evidence is never accepted by courts of justice as proof ofany fact. Sometimes officers and laymen find it hard to distinguish between hearsay evidence aud other evidence. We are so prone in the everyday affairs of life to accept as true what others say regarding any occurrence not subject to our own observation, or tested by our senses, that we unconsciously pass it on to our neighbors as truth. Courts of justice, however, do not allow a person to testify as to any matter unless he has acquired his knowledge by personal observation of the transaction, occurrence, or thing, or acquired his knowledge through the exercise of his other senses upon the subject matter covered by his testimony. If John Smith tells you he saw Howe commit a specific crime, you can not testify as to what Smith told you about Howe. Smith must appear to testify as to this fact. Of course, if Howe himself admitted to you that he did the act or the wrong, you could testify as to the conversation, since this would not be hearsay. There are some variations of this rule, but the above explanation covers the general practice. The practice of admitting evidence of general reputation or of good character in a community might be men- tioned as exceptions to the rule relative to hearsay evidence. Another exception is the statement or admission of one of the parties to an illegal conspiracy. After the conspiracy has been entered into, the statement of one of the members of it is bindingon the others, even though they were not present when the statement was made. A confession of guilt is also good evidence, provided it is made voluntarily. If it be made under intimidation or under the flattery of hope, it is not admissible. All of the conversation in which the admission of guilt was made must be recited and left for the jury to judge and weigh. The means of proof or the instruments of evidence are divided into two general classes, viz, unwritten and written, or, in other words, oral tes- timony and documentary evidence—maps, charts, weapons used in the commission of crime, articles of clothing and adornment, personal prop- erty of various kinds, models, specimen exhibits, etc. D8 INVESTIGATION OF TRESPASSES. Investigator. The greater a man’s ability, the more he can accomplish in this as in any other work. Qualifications peculiarly necessary for an investigator are observation, commion sense, and ability to work. Nothing is so small as to be safely overlooked; a whole case may turn on what seems a most unimportant detail. On the other hand, many details are un- important. The correct judging of what is important depends largely upon the imaginative power to picture constantly in the mind the whole case and its probable development. Beware of letting anything go as unimportant without thus carefully weighing it. Catching a criminal is a battle of wits; the side which thinks hardest all the time wins. Success in difficult cases requires special aptitude, and only with hard, intelligent thinking will an officer be successful. Preliminary information. Success demands thorough preparation. This includes not only a knowledge of the laws and procedure under which we work, but an intimate knowledge of the region of the crime, such as tepegraphy, trails, and other get-away avenues; of the persons existing in every community who know all about the rest of the community; of the habits, rendezvous, and associates of general community suspects, and of their family, business, and other relationships, so that in seeking informa- tion form others you may not unwittingly kill your own game by ap- proaching one of their close sympathizers. Starting out. Investigative work, especially in fire cases, demands even greater speed in get-away thanin suppression. If footprints lie for days, or even until after the suppression crew has tramped over the ground, before they are investigated, not only may they be obliterated by others, but the defense will not be slow to take advantage, in a court trial, of the possibility that tracks proved to be those of the defendant could have been made after the offense was committed. The latter danger applies to other trespasses as well as fire. Our only safety lies in starting inves- tigation on the ground with all possible speed. How many men. Never rushina mob. Unless something is wrong with the protection organization, even fire suppression should not require sending many men at first. For investigative purposes two officers are desirable. By this system, an additional witness is provided to support the charges in the event of the trial of the offender. What to do. The first man or men at a fire must look for clues and preserve any found. The manin charge of the fire crew should, of course, be the lead- er in the search for cluesin the vicinity of the fire or the point where any offense has been committed. If the,tracks of men or animals or means of conveyance are found, an effort should be made to prevent their obliteration, or injury to their distinctive features until a qualified a9 . officer shall have opportunity to examine them, and make casts of them if necessary. The men and animals engaged in suppressing the fire should be required to keep outside of the area containing the imprints if this is at all practicable. . Require men in charge of fire fighting to keep eyes open for cliaes) and to note people met on trails, with time of meeting, especially outsiders first on the scene of a fire, who may be the setters, with an irresistible desire to see it burn; to keep ears open for boastful or antagonistic re- marks of fire fighters, who may themselves have set the fire or know or those who did; and to report anything learned at once to the range for other forest officer in the vicinity. Searching for clues. What are clues? No deed is done without leaving a clue; the only question is our ability to find it. A no-clue case means only that we are not up to the scratch in finding one or more. Anything is a clue which has any connection with the offense or its author. Tracks, camp-fire, or lunch remains, ‘plant’? used to set off a fire, blanket, or other threads pulled off by brush or trees, hairs, scraps of paper or other things carelessly or unintentionally left by the offender, ete., areexamples. A good working rule is that everything is to be held as a clue which can not be accounted for without reference to the offense. But nothing is really a clue without the interptetation which can con- nect it with the deed. Some things, such as tracks, the forest officer can interpret better than any outside expert; in other words, we are ourselves the best experts. Other things can be interpreted only by those with special training, as for example, by the microscopist, the chemist, or some other specialist. The working theory. To guide the investigator in the interpretation of clues or evidence, two things are necessary: (1) Every bit of knowledge he can gather, before leaving for the scene or on the way, as to the offense, including its occurrence, surrounding circumstances, probable author, and motive; and (2) the building of a mental picture or reconstruction of all that one knows of the case. Constant revision and coordination are necessary. Nothing else will prevent wandering, loss of time, and possible failure. ~ At the start it may consist only of a “‘hunch”’ as to who set the fire or where to look for clues; but every new thing found should be considered carefully. The theory first set up may afterwards prove to be erroneous: but it has very frequently happened that the theory, though a false one, was the bridge which led to the truth. How to search. After arriving on the scene, first locate the critical point, for example, the origin ofa fire. Ifthe point of origin is not evident, beware of jump- ing to conclusions; the incendiary or other criminal does not do the obvious thing if he has any sense. Then examine minutely the imme- diate area. Definite system is absolutely necessary in this search. Go systematically around the circle, widening the circles each time; but keep them close enough together. : 60 Notebook record. Record must be kep of everything found and done, and of all material conversations held or information gathered. Describe in the proper notebook everything that is found, so that the notes may be used later to refresh your memory should you be called to testifiy relative to those things. The time of every occurrence or find should be recorded. Also be sure to ascertain the exact time the fire was started, or discovered, when fighting commenced, and all other significant circumstances. The time of making material entries in the notebook should be entered in the notebook, and such time records should be based on actual exam- ination of a well-regulated watch. Important information should be entered in the notebook immediately after it is obtained. Testimony based on a notation made immediately after an occurrence is much more convincing to a court and jury than that based on an entry made at the end of the activities of the day or later. Maps and photographs. Accurate maps and photographs are the best means of showing in court many of the facts of a trespass, and are nearly always necessary. It is unusually difficult to present the facts of intricate cases to the court and jury in an understandable way without the aid of these guides. Maps should be as accurate as possible and should represent the area in diagrammatic outline with as little printed or written data as possible. Symbols should be used to identify material points and to aid the maker of the map in explaining to the jury the relation of topography, culture, etc., to the trespass area. Printed matter indicating the guilt of the accused should not be put on the map, since it would prohibit its use as an exhibit at the trial. In taking pictures a proper note should be made of the film used, and of the time, place, and circumstances under which the object was photographed. Photographic record No. 166 should be used for preserving the data. In civil cases the same strictness relative to printed or written matter on maps is not enforced. (See pp. 169 and 170.) Remember that photographs involving scenery are more desirable if taken from the level of the eyes. The photographic record should show the point where the camera was set, the direction * from which the picture was taken, angle of view included, etc. Objects. The finder must put on each object found a private mark, in a hidden or inconspicuous place, by which he can himself identify it in court as the identical object found. This, together with the notebook record of the circumstances of finding, arranged in their chronological order in a bound notebook, is the best safeguard against an intimation by a defense attorney, possibly to the serious prejudicing of a jury, that evidence has been “‘planted’’ by the prosecution. All object which may be needed as evidence should be guarded with the utmost care to avoid possibility of loss, misplacement, or theft. ‘The forest officer should take personal charge of all such articles, unless it be desirable to turn them over to the custody of the district forester or county attorney. If the forest officer turns them over to the county 61 attorney, he must, of course, take a receipt and enter them in his note- book record so that they will not be overlooked in working up his ma- terial for the case. The plan of campaign or working theory. You start with a few facts, and a tentative theory based upon them and your best surmises. Whenever new clues or facts are found, ask yourself: (2) Whatinstructions, ifany, are therein respect to a situation like this? (6b) What does this act mean? (c) On the basis of facts to date, if were the criminal, what would [donext? Sit downandsmoke a pipe overit, ifthat willhelp. Thereisnotime to be wasted; but right interpretation of tacts,and right action respecting them, are soessential that the time necessary to insure these will yield bigger dividends than half-baked hasty action. The simplest working theory which will explain the facts is always preferable; but the theory is never complete until the case is closed. At alltimes, but especially at first, when the theory is based on few facts, it must be lightly held, subject to modification at any time by what shal! be discovered next, regardless of whether the new evidence agrees with the previous theory or not. Such open-mindedness, the viewing of every new fact on its own merits, is harder to maintain than many people suppose and requires constantand definiteeffort. It is extraordinarily easy to overvalue new facts which coincide with one’s theory already built, and to undervalue those which do not. Nothing is more common among inexperienced officers or more fatal to success than holding such a preconceived theory. Usually its holder will not change the theory even when evidence con- trary toit appears, but willinstead discredit the evidence regardless of its weight. Therefore it is necessary systematically to review one’s theory frequently in the light of all facts to date. In building a sound theory there are four steps: (a) Get aclear definition of the problem. This may not be what first appears; be sure you know what the difficulty is. - (6) Cast about for possible solutions—not only the first one which occurs to you, but as many as you can figure out; then compare their merits and select the most probable one. (c) Reason out the developments of this idea to its conclusion; by pushing it to a final conclusion you will probably be able to determine whether or not your idea or theory of the problem is warranted. (d) Constantly test your theory by searching for further evidence, or by experiment. Keep your eyes open for and give honest weight to. evidence indicating some other theory to be more probable. To be complete, the case must answer the following questions: (a) What was the offense? (6) Where wasit committed? (c) When was it done? (d) How wasit accomplished? (e) Who did it? (f) Why did he: do it? Memorize these six words, what, where, when, how, who, why, and fre- quently test by them the completeness of both your theory and the facts so far actually established. This will be one of the greatest helps in planning what remains to be done. 62 Whenever a fact is found which points to a material conclusion, ask yourself: (a) Does this sufficiently prove the conclusion? (6) What else, ifanything, will be necessary to establish or corroborate it in court? A jury will only be convinced by a complete chain of circumstantial evidence, both as to facts, and the proof that they arefacts. Constantly review this chain while following clues, to be sure no link is omitted. Also bearin mind that any onechain may be broken somewhere by the defense; therefore, build all the lines of evidence possible to your con- clusion. Tracks. Tracks are among our most important clues. Ifa fire was set, or other o Tense committed, by human agency, a man walked or rode there to do it. He may sidestep or cover up tracks in the immediate vicinity of the offense, or the tracks may be burned over or obliterated by others. Far- ther out he willsettle down toa normal gait. If no tracks are found at or near the origin, widen out. Begin this wider search at the most likely points; but until the tracks are found conduct the seareh on a rigid system, so that no area will be overlooked. Identification of tracks. Study of details is essential; dimensions and shape of imprint, nails (present and missing), seams, creases, cracks or other Cistinctive marks; Wear, repairs; age of track, methods of putting down the foot (twist as foot strikes the ground, etc.); angle of feet (toes out, straight ahead, or in);; and differences, if any, between the feet in this angle; barefoot, smooth, or rough-shod horse tracks; specially shaped or weighted shoes, and gait of animal (as trot or pace). Age of track. , This is shown by sharpness of impression, by moisture and color, whether leaves and dirt lumps have fallen into it, or tracks of insects, birds, ete., or other man-caused tracks, have yet crossed it; and by the condition of broken green twigs, etc. One of the best indications is the condition of manure dropped by an animal. A trail made at night is often known by the way it bumps into or makes detours around obstacles. Other indications. Speed may be approximately shown by degree of slide at heel, depth of heel edge and toe edge, length of drag at toe, and distance between tracks. The class of person or animal can sometimes be deduced from tracks (high-heeled vaquero boots, new or pointed-toe city man’s shoes, horse shoes or mule shoes, etc.); also whether drunk or sober; carrying burden or free (feet wider apart, steps shorter, and more unsteady with burden); and existence of bodily defects (step is shorter on lame leg; injured knee or hip twists foot tracks, etc.). A confidential talk with the local shoemaker or blacksmith, if there is one, will often throw light on the ownership of shoes which make a peculiar track. Foilowing tracks. This requires experience and skill. Points sometimes overlooked are the folowing: In dry pine needles, breakage or minute differences in eolor are often discernible on hands and knees, though the needles 63 have sprung back to position and no trace is visible while standing. Tracks in dry grass also require extremely close attention; barring wind, grass will usually hold what impression is made until the coming of night dew, fog, or rain. Through brush a trail can be followed by broken or skinned twigs near the ground although no signs are visible on the ground itself. When the trail is broken or lost, circle ahead in the probable direction of the trail. Stakes set by tracks found will help line up the course. Comparing tracks. To convince a jury we must absolutely identify tracks found with known tracks of the suspect. A track may be compared with a foot or shoe for identifying marks. In respect to dimensions it is better to compare tracks, and also moving tracks with moving tracks, since tracks made in soft earth, especially at high speed, are always shorter than the foot making them, due to push toward center at heel and toe. Keep in mind that as a general proposition a track is little more than a clue. Standing alone, the cast of a track of an accused man is not very convincing to ajury. There must be other evidence on which to secure a conviction. For the purpose of comparing the tracks found with those of the sus- pect, or of the horse or other animal of the suspect, induce him or the animals to traverse some soft surface in the vicinity of his home or out- buildings where distinctive tracks are likely to result. This will give opportunity for comparison at the proper time. However, examination or measurement should be made at the earliest possible date before ob- literation or partial change in the track occurs. Proficiency in tracking. Whether the tracks are those of autos or men or animals, proficiency in interpreting them can be gained only by actual practice and plenty of tt. Trackers can not be made from books, but one tracker can often tell another new kinks, and we can all learn more by study of the work. Let every man keep his eyes open, and report new things of which he learns, or describe clues familiar to him but not mentioned here. Moreover, many who know can not tell how they know. The impor- tance of this must not be overlooked. In court we shall surely be asked this question, and the opposing attorney will discredit our testimony if we can’t tell. “You must not only know that you know, but also know how you know.” Record of tracks. The original track, or a cast or replica of it, is the most convincing evidence in respect to it. The orignial footprint may often be solidified sufficiently to be dug out and preserved by means of water glass. This is specially useful in sand or sandy soils. If the soil containing the print is firm enough not to be displaced by it, the water glass may be poured directly into the print. If the soil is not firm enough, dig a shallow trench, 2 inches wide and of the same depth, around the print and 2 inches distant from it, and flow the water glass into the trench until it has been soaked up by the soil and shows on the surface of the print. 64 Then let it stand for a day. The print can not be pried out, but must be carefully freed by digging the soil away from around and under it. It must also be handled with much care thereafter, and this reduces the value of the method when conditions, such as transportation, are not favorable to the required care. In this and many other cases a more desirable method is to make a cast of thetrack with dental plaster of Paris. Plaster of Parissets quickly. From the cast a replica of the track can then be made, or not, as desired. When the soil composing the print is firm enough, the dry plaster may be placed on a large spoon and the arm of the spoon tapped lightly and frequently to allow the dry plaster to drop very slowly into the imprint, until the plaster bed has a thickness of one-eighth to one-fourth inch. Then with the fingers sprinkle clear water very lightly into the dry plasterin theimprint. Pourin seme more dry plaster and again sprinkle with water. Repeat this process until the plaster cast is at least 1 inch inthickness. Let thecast rest in theimprint for at least 30 minutes, then cut around it with a jack knife and excavate the dirt deep enough to be sure that the cast will not be injured in removal. Take the cast and attached dirt to a pool of water, or stream, or trough, and wash off the dirt. For two or three hours the cast should be handled carefully until it has hardened sufficiently for transportation. Iftheimprint is shallow, a dam of earth should be built around it before the plaster of Paris is poured into it. To make a replica of the original track from a cast, the upper surface of the cast should be as level as possible. The cast should be washed clean, and then greased, either with an oil which is fluid at air tempera- ture, or, if thicker, heated untilit is very fluid, so that no crevices or other — marks may be filled up and thus be obliterated in the replica. The greasing is to prevent sticking. The cast is then laid, top down, in a suitable box or other flat-bottomed receptacle, and wet-mixed plaster or cement is flowed over it and reinforced, as in making a cast. The original cast or replica so made may be expected to be slightly too small to accommodate the boot or foot which made the track, by the time it gets to court, and care should be taken not to allow a jury to be prej- udiced by this fact. Ifit is not feasible to secure the footprint itself, or a cast of it, the best remaining method is to photograph the track. The camera lens must be exactly parallel to the surface photographed, to avoid distortion of the perspective. This-may be done most conveniently by the aid of a clamp for attaching a camera to a board or other similar support at any required angle. For use in court the photograph may be enlarged to the exact size of the original. Ifin photographing, however, arule is placed alongside the footprint, the scale of measurement will appear in the photograph itself, regardless of the size of the latter. Restoring mutilated papers. In piecing torn paper together, first hunt for corner pieces, then for edges, and afterward work up the interior. As the back of the paper may be important, it is advisable to paste the fragments on a trans- 65 parent medium like tracing linen, or to lay them between clean glass plates which may be bound together. If the writing on paper is not in copying ink or indelible pencil, the paper may be moistened by the spray from an atomizer or by the steam from a teakettle. This helps to straighten it out ifit is badly curled or bent. Dim writing comes out plain in a photograph. Worn or fragile papers may be made indestructi- ble for handling by dipping them in a solution of 1 part of stearine to 3 parts of collodion, and allowing them to dry 15 minutes. Preserving perishable evidence. Perishable evidence is often best preserved by placing it in cold storage. It may often be preserved in alcohol. In the absence of cold storage, formalin, or formaldehyde, is best for fish or game meat. These presery- atives however destroy the natural color. If it is impossible to preserve any article of evidence, be sure to have witnesses to its finding, and its nature or identity, while it is yet in its original condition. Making use of experts. To the layman one of the most striking services of the expert is that of the microscopist, who deals with a world invisible to the unaided eye. He can tell from a hair, for example, whether it is from deer or beef, horse, dog, or human being, and the race, habits, and probable age ofan original human possessor; from carpet sweeping dust the number, age, character, habits, food, and recent occupation of, as well as visitors recently entertained by, the occupants of the room from which taken: from finger-nail deposits the food, occupation, habits, and whereabouts of the person from whom they are taken, for a week or so prior to that time; and often substantially the same information from a shred of clothing, or even knives or other articles much handled by him. The microscopist can identify beyond question deer or other game meat or blood as distinguished from that of beef, chicken, ete. It should also be bornein mind that expert testimony, which is usually in the nature of opinion rather than fact, must be given by the expert responsible for it and not by proxy, and arrangements should be antici- pated for his attendance at court. Getting a lead. In deciding to whom to go for possible evidence, eliminate at once the busybodies, who always know all about it but generally know nothing worth much, and go after those who really know most or were first on the ground. Unless the act be incendiary or malicious, or done stealth- ily, the person to interview first is the one who committed the act, if this be practicable. No one knows more about the crime than the man who committed it, and the best results are generally obtained by getting in touch with him promptly. As a rule, under clever and prudent interrogation, the offender will invariably say something of value in the case. And heis liable to do this even when he is determined to suppress information relative to the offense. The same is true regarding those offenders who desire to suppress facts which might implicate them. Until the officer investigating a malicious or incendiary crime has sound 110113—22 5 66 reasons for suspecting a particular person, that person should not be interviewed relative to the offense. No person should be directly charged with an offense by a forest officer. It is much better to discuss the crime on general grounds with the suspect. In other words, ‘‘speak softly.’ Always remember that a confession obtained after a threat or promise of leniency is not admissible as evidence to prove the guilt of the accused. Hints on interrogation. Knowledce of men is essential; nothing else can make up for a lack of it in this work. A witness will tell nothing or make but inaccurate and unimportant statements to an investigating officer without shrewdness and tact, while the very same witness will make precise, true, and impor- tant statements to an officer who can read him and knows how to handle him. The confidence of a man is often obtained by apparent interest in his business or hobby. Persons having no interest in the offense or the offender will generally tell the truth; the testimony of those who have such an interest should at least be taken with caution. However, it should not be overlooked, that one of the latter class may be upright enough to tell the truth. Truthful witnesses may be divided into those who are willing to tell what they know and those who are reluctant to do so. Most people are of the latter kind; the average American not only has an exaggerated unwillingness to ‘‘peach,’”’ even on a wrongdoer, but is himself so busy that he dosen’t want to get mixed up in other peoples’ troubles if he can avoid it. Attitude of officer. Much of the suecess to be gained depends upon the aptitude of the officer. Judge yourman. Be firm and diplomatic with the bold, patient and considerate with the timid. Unnecessary officiousness or insolence will cause most men to refrain from further discussing the crime. After you have collected valuable information from any person you should then test his source of information, that is, whether he has acquired the knowledge by personal observation or through hearsay. This is very important, since many men unconsciously restate what they have heard as if they were the original discoverers of the information. Too much eare can not be exercised in this regard. Getting the story. There are two considerations: (1) To get as complete a statement from the witness as possible. Be sure nothing essential is omitted, but don’t let himrambleaim/essly. (2) To besure heis telling the truth. The latter may not follow, even with willingness on his part. The best safeguard is a clear mental picture of the case thus far, which shows us what we want to get, and thus prevents the omission of impor- tant items. The six watchwords of a complete case are again valuable reminders. The method to be used depends much upon the witness. Unless he wanders beyond forbearance, it is best to let him tell his story straight through in his own way. Then question and rehash until it is certain OF that he can not or will not add anything more ofvalue. Take sufficient time, no matter how hurried you feel. Better not ‘‘start something” in the first place than be in too much ofa hurry to permit getting the factsafter you havestartedit. Read to the witness what you have written, word for word; ask him if it is correct; change any items which he may desire corrected; have him sign it; and have his signature properly witnessed. _ In case a witness refuses to make or to sign a written statement, but willtalk, get him to talk in the presence of two or more reliable witnesses, and afterwards write down the essential parts, as nearly verbatim as possible, of the first witness’ statements, either yourself or in collabora- tion with the others, to which they willswearin court. In addition to the record of what wassaid, put down in your notebook the circumstances of the conversation, persons, witnesses, time, and also all the conclusions for future guidance which you can draw from the facts thus learned. Some men can not be induced to make a statement, but say if they are put on the stand they will tell the truth. If their resolution not to talk can not be shaken, the only thing to do is to try to get indirectly as shrewd an idea as possible of what they can testify about. Unintentional offenders. The genera] methods indicated for the interrogation of witnesses apply largely to this class of trespassers, such, for example, asthose who thought- lessly leave camp fires burning, especially if they are inexperienced and did not realize the danger. Courteous treatment and an evident pur- pose only to do one’s duty, with regret for the inconvenience necessarily inflicted, are usually more effective than treating them like common criminals, and will often induce confession, with a readiness to ‘“‘take their medicine’’ and not doit again. Inaccuracy in statement. When a man is willing to tell the truth, untrue statements may result from the following causes: (a) Poor observation —A man may see only part of a total action and have a very inadequate or mistaken notion of the whole; a man some- times sees what he expects to see; people often hear imperfectly or mistakenly. (b) Poor comprehension and reasoning.—Inference is a part of every mental operation. When we see a clock face, we take for granted a clock is behind it, but this is not necessarily true; a tenderfoot thinks mountains are much nearer than they are, because he infers the distance which the given appearance implies in low country; illiterate people distort long sentences, and piece out by inference to a twisted meaning. (c) Poor memory.—This is very common. Beware of people who re- member everything; their testimony is usually open to suspicion. Memory can be helped by talting of the event in question, often as to unimportant incidents, or of a man’s occupation connected with the thing to be remembered. But give him time; don’t hurry. Do not press an emotional witness too far; there is real danger, especially with 68 such a person, that you may make him remember what he never saw or knew, except for your forcible suggestion. (d) Influence of other peoples’ statements —Untrained persons who have seen or known part of an exciting incident unconsciously try to complete the matter by fitting what they have seen or know to details told by others. They may even end, without untruthful intent, by weaving the whole garbled mess into their own story as what they saw and heard and know. (c) Strong feeling —Excitement and fear often lead one to exaggerate, but sometimes to overlook important details. (f) Temperameni, age, occeupation.—A ranger looking at a bunch of cattle sees also whether the range is overgrazed, or grazed in patches due to poor salting or water development; a city man sees cattle, but not the other factors, and couldn’t be expected to give an intelligent statement on such matters. (g) Fear of consequences.—Be sure to relieve a witness’s mind of a possible impression that you want to implicate him, etc., if such infer- ences are without cause. Frightened people, imagining themselves suspected, always shuffle in testimony. This should be a danger signal, although the cause of the shuffling may not always be the one here discussed. (h) Poor questioning.—Good questioning requires hard thinking. Be sure nothing is missed. Follow your own course and do not be led or pushed, either designedly or accidentally, by the witness. Increasing the accuracy of statement. Much can be done by careful questioning and suggestion to clear up obscure statements or supply omissions. Check the witness’ accuracy, for instance, as to height of people; ask him if the man he mentions is as tall as yourself; check distances by asking about something in sight; verify his power of recogni ing persons, estimating numbers, ete. It is sometimes necessary to verify statements oneself, independently of the witness. The main case. Arrange the material so that it tells the story in chronological order. Confine the main case to the material essential to a clear and complete chain of evidence. This gains the advantage of clearness of impression on the jury; too great a mass of evidence may muddle the main issue in their minds. Any additional material should be carefully worked up with a view toits usein rebuttal, or in connection with surprise defenses. Have your record perfectly clear as to exactly what part of the chain the testimony of each witness and each piece of documentary evidence will cover, and just what link each exhibit will support. Avoid repeti- tion as far as possible. Appendix. A list of the witnesses, with brief notation of the exact facts to which each will testify, together with all documentary evidence and a list of exhibits, should be collected in an appendix, each separate item being designated by letter, as, for example, ‘‘ Exhibit A.” At the appropriate 69 points in the narrative record, these documents, etc., should then be referred to only by exhibit designation. This helps both in completeness and in keeping the narrative clear. Use of maps in civil! suits. The trespass map must show completely the facts of trespass and damage suffered. It should inelude, therefore, land section, township and range, boundaries, and should cover species or type, size of timber, and nature and extent of damage. The court map. The map to be presented in court should be on a scale large enough to be legible when hung up so that all the jury can see it at once since it is much more effective when used in this way. It should be confined to the data essential for the purpose, but it should show this with the utmost clearness. Its legend should also give its ‘‘approximate scale,” and, if angles of view are material, a statement that these are correct. Every care should then be used to see that they are correct. Any ‘‘trespass” or other designation on the original, to which the defense could object as tending to prejudice the jury in advance, must be carefully omitted. As to land boundaries, the proclamation diagrams of the national forests can always be found in the biennial volume of the United States Statutes at Large, covering the yearin which they were issued. Private land boundaries can be gotten from Forest Service status, and verified and certified by the Unied States Land Office if desired. Report to district forester. A report in accordance with special form (see Criminal forms) must be made and forwarded to the district forester on each case prosecuted in a State court as soon as possible after the trial shall have ended. This is absolutely necessary in order that proper check may be made of the pro- gress of law-enforcement work and in order that the assistant to the solicitor may be furnished with the data for his monthly report to the solicitor. Reports on cases to be prosecuted in the Federal courts must be submitted to the district forester before legal action is initiated. Should the prosecuting attorney of the county or the supervisor desire assistance in the handling of a criminal trespass in the State court, a special report of the circumstances should be sent immediately to the district forester. Expenses of forest employees in criminal prosecutions. Forest officers will be officially reimbursed for all necessary expenses incurred in accordance with the fiscal and administrative regulations of the Department of Agriculture in the transportation of a person arrested without warrant, by a forest employee,and for necessary subsistence of such person at hotel, etc.,.until heis delivered to the jurisdiction of a United States commissioner or to the jurisdiction of a police judge, pro- bate judge, or justice of the peace. If an offender is brought before a United States commissioner or a State magistrate on a warrant, all ex- penses incurred after the issuance of the warrant (except the forest offi- cer’s salary and expenses) are chargeable to the Federal court through the commissioner, or to the proper city or county through the police judge, probate judge, or justice of the peace, as the case may be. Sub- 10 pcenaes should be issued for Government witnesses so that their mileage and fees may be paid by the United States commissioner, or by the local justice if the case be prosecuted in a State court. The Forest Service can not legally pay mileage or fees of offenders or witnesses already under the jurisdiction of Federal or State courts. Expenses, as well as the time of forest officers for other needed duties, may often be saved to the Forests Service by making use of sheriffs and constables and United States deputy marshals for the serving of warrants and subpzenas, and for other such assistance. In particular, the hiring of men for posse needs, or to accompany officers for identification of witnesses, in State cases can appropriately be assumed by the counties, and its expenses should by the above means be transferred to them when it is feasible to do so. However, it sometimes happens that neither the Federal court nor the State court can pay the mileage or fees of a necessary Government witness because of legal restrictions. In a case of this kind, local administration would justify the hiring by the Forest Service of the proposed witness as temporary laborer during the period necessary to attend the hearing and trial. Under these circumstances the temporary laborer would receive reimbursement for his transportation and other expenses incurred while attending the hearing and trial, on Form 4 accompanied by subvoucher 4a. It is impossible to frame general instructuons which will fit every contingency. In case of any doubt, specific advice should be sought be- fore incurring the contemplated expense. Search without search warrant. Forest employees who, pursuant to the laws of Idaho and Montana, have been appointed or designated as deputy fish and game wardens may without a warrant search certain places and articles for any species of game animals or fish or fur-bearing animals or game birds illegally obtained. No authority is conferred by law on any officer whether Federal or State to search a man’s home or the outbuildings connected with his home without a search warrant. Onder the Montana law, deputy game wardens, sheriffs, deputy sheriffs, State forest officers, constables, and other peace officers are empowered to search without warrant for game animals, fish, fur-bearing animals, or game birds, or parts thereof, any camper’s tent, boat, car, automobile, or other vehicle, box, locker, basket, creel, crate, game bag, or other package. With a search warrant any of these officers may search a residence or other building, or places, or articles, not defined above. The Montana law does not specifically authorize national forest employees to act as deputy game wardens. They must be appointed by the State fish and game warden before they can legally perform the duties of such wardens. National Forest supervisors, deputy supervisors, and rangers located in Idaho are specifically empowered by statute to perform the duties of deputy game wardens. Other national forest employees in Idaho must be appointed by the State fish and game warden before they can legally act. In practice all forest officers in Idaho receive from the game bureau a commission asevidence of their right to enforce the game v1 laws. Deputy game wardens and all other peace officers of Idaho may search without warrant depots, cars, warehouses, cold-storage rooms warerooms, restaurants, hotels, lodging houses, markets, baggage, packages, tents, wagons, autos, vehicles, and camps, upon reasonable suspicion, for game animals, fish, or birds, or fur-bearing animals, cap- tured in violation of law. Other places and personal effects may be searched for game animals, game fish, game birds, and fur-bearing animals, under authority of a search warrant. A search warrant should be read to the owner or occupant of the place or thing to be searched. CRIMINAL PROCEDURE BEFORE UNITED STATES _ COMMISSIONERS. United States commissioners. A United States commissioner is an officer of the United States dis- trict court in the district for which he is appointed. He exercises crim- inal jurisdiction within very narrow limits. He has no power to impose a penalty for any offense. Neither can he inflict punishment for con- tempt of his court. All he can do regarding contempt offenses is to report them to the proper United States district judge for disposition. Powers and duties. In criminal matters a United States commissioner is authorized by Federal law to issue warrants, upon proper complaint, for the arrest of offenders against the laws of the United States, and cause them to furnish bail pending trial. He may cause any alleged offender to be imprisoned pending trial by the United States district court if the- accused fails to furnish satisfactory bond for his appearance for trial. Criminal complaints. Unless a sufficient complaint under oath is filed with a United States commissioner and a showing of probable cause for holding the accused for trial be made, there is no legal authority for keeping the defendant under bail or in prison. The laws of each State in Forest Service district 1 require a criminal complaint to be sworn to and based on the personal knowledge of the person making the charge. Therefore a criminal complaint filed by a forest employee or other person, with a United States commissioner, must be supported by oath, and the facts showing the crime, and that in all probability it was committed by the accused, must be within the personal knowledge of the deponent. A form of criminal complaint is incorporated in this book. A certified copy of the complaint should be attached to the warrant of arrest in order to inform the defendant of the substance of the charge against him. Criminal complaint; general features. The complaint must designate the specific offense committed and specify the statute and section violated, with such particulars of time, place, person, and property as will enable the defendant to understand clearly the character of the offense charged. Extreme care should be ray (2 used in drawing the complaint, since not only the arrest but the case in court will be based uponit. Inthe wording of the complaint the lan- guage of the law invoked should be closely followed. Include only what you are sure you can prove. In a larceny case, for example, the. exact items and numbers charged as stolen must be proved or the case willfail. Charge the easiest offense to prove, for instance, having gamie in possession out of season, rather than killing, unless evidence on the latter is ironclad. Fach offense, whether under the same or separate sections of the statute, should be made a separate count. Ifseverai men are taken for one offense, they should be charged jointly, since this saves time and expense in multiplication of eases. Arrest of the accused; serving the warrant. There are two ways by which a person known to have committed an offense against any Federal forest law may be brought before a United States commissioner for preliminary hearing. (1) Any employee of the Forest Service may arrest any person found by such employee violating any law or regulation relating to the national forests. After arrest the prisoner should be taken immediately before a United States commissioner, where a written or printed complaint under oath must be filed by the forest employee who made the arrest or by any other person who has personal knowledge that the prisoner committed the crime. (2) The forest employee may first file a complaint under oath with the United States commissioner, who. will issue a warrant for the arrest of the accused. This warrant may be directed to the forest employee for execution, or to the United States marshal or his deputy, provided the offense charged is a violation of any law or regulation applicable to national forests. If it be necessary to expedite the arrest, the forest employee may execute or serve the warrant. If the offense charged be against some other Federal law, such as that governing the stealing or embezzling of personal property or money. of the United States, a forest employee is without authority to execute the warrant, even though he is the complaining witness. The arrest must be made by a United States marshal or one of his deputies. Whether the arrest be made by a forest employee or by an employee of the United States marshal’s office, the complaining forest employee and the other Government witnesses in the case should appear at the preliminary hearing before the United States commissioner, in order to prove to the commissioner that there is probable cause on which to require the prisoner to appear for trial in the United States district court. Attendance of witnesses. Just as soon as the forest employee files, or has caused to be filed, a formal criminal complaint with a United States commissioner, he should furnish the commissioner with the names and post-office addresses of the witnesses for the Government, other than forest employees. Forest 3 employees should appear voluntarily at the preliminary hearing, if necessary. The commissioner will then issue a subpoena for each witness desired, not, however, exceeding four. Only four witnesses can be legally sub- pewnaed at the expense of the United States to testify at a criminal preliminary hearing before a United States commissioner, unless under specific authority from the United States district attorney. Subpeena and service thereof. A subpcena issued by a United States commissioner can not be served legally by a forest employee. This function is performed by the United States marshal or his deputy. Usually the delay incidental to the ser- vice of a subpoena by the United States marshal’s office causes consid- erable inconvenience in getting action before the United States com- missioner. Generally speaking, however, the Forest Service will have little difficuity in expediting preliminary hearings, since it is seldom necessary to have at the hearing other than forest employees to establish probable cause. Arraignment of the accused. Upon arraignment before the United States commissioner the criminal complaint should be read and explained to the accused. The defendant should be given reasonable opportunity to employ legal counsel, should he desire to do so, before any testimony is introduced. The defendant may waive hearing and ask to have his case sent to the United States grand jury for consideration. In the latter case there is, of course, no need for the introduction of evidence. Postponement of preliminary hearing. It is within the power of a United States commissioner to postpone from day to day a preliminary hearing so long as he does not abuse the privilege. Witnesses. A witness in a criminal case may be required by the United States commissioner, presiding at the preliminary hearing, to give bond or recognizance for his appearance to testify in the United States district court at the trial of the accused. If the bond required is not furnished the United States commissioner may commit the witness to prison until the date of the trial. Witness fees. In criminal proceedings before United States commissioners the wit- ness fees prescribed by law are limited to $1.50 per day and 5 cents per mile for travel each way. crete siete tare estate ola] ic et ee) (Deponent’s signature.) Subscribed and sworn to before me, this ......-.-- day offs32.2.. : A. D. 19—. [SEAL.] ee U. S. Commissioner as aforesaid. CRIMINAL COMPLAINT. (Larceny of United States property.) UNITED STATES OF AMERICA, a Sn See ERR Oo \ es Before me, ....-. , a United States commissioner for the ...... district Ole few. greta division, personally appeared this day ...... , who, being by me first duly sworn, deposes and says that .....- , on or about theses. day Of..2- ie. , 192—, in the county of ...... , in said district, and within the jurisdiction of this court, in violation of section 47 of the Penal Code of the United States, did then and there unlawfully and felo- niously take, steal, and carry away from another, to wit, from.......... non cree. eee , then and there a forest officer at ......, (Name of forest officer.) County, in the State of .....-. , personal property belonging to the United States, which said personal property then and there consisted of ...-.. ; the said unlawful and felonious taking and carrying away being with the intent then and there to steal the said property and deprive the United States thereof, contrary to the form of the statute in such case made and provided and against the peace and dignity of the United States of America. ee ) United States Commissioner as aforesaid. CRIMINAL COMPLAINT. (State specimen.) [This form is applicable in the States of Montana, Idaho, and Wash- ington with slight modification. If used in Idaho, the word precinct should be inserted instead of township.] In the justice court of Hellgate Township of the State of Montana in and for the county of Missoula, before Oscar Jensen, justice of the peace. 93 THE STATE OF MONTANA, PLAINTIFF, v. Complaint. GEORGE W. PAINE, DEFENDANT. STATE OF MONTANA County or Missoula \ Personally appeared before me this day John H. Clack who, being first duly sworn according to law, complains and says: That George W. Paine, accused by this complaint of the crime of leaving unquenched a camp fire committed as follows: The said George W. Paine did on or about the 28th day of July, A. D. 1922, at the county of Missoula, in the State of Montana set out a camp fire and did unlaw- fully willfully and maliciously leave the same unquenched, all of which is contrary to the form, force, and effect of the statute in such case made and provided and against the peace and dignity of the State of Montana. Said complainant therefore prays, that a warrant may be issued for the arrest of the said George W. Paine, and that he may be dealt with according to law. JOHN H. CLAcK. (Affiant.) Subscribed and sworn to before me this 3d day of August A. D. 1922. OSCAR JENSEN, Justice of the Peace of Hellgate Township, Missoula County, Mont. WARRANT OF ARREST. (Federal form.) The President of the United States of America, to the Marshal of the United States for the ...... District of ...... , and to his deputies, or any or either of them:1 Whereas; ooc<. < has made complaint in writing under oath before me, the undersigned, a United States commissioner for the ...... district of Seb ccece , ----.. division, charging that ...... late of ...... county, in the State of .....- did, on or about the ...... day.of ret doly we seecelses igi dolew do pastes shies ge: and whieh are possessed contrary to the form of the statute in such case made and provided. 96 You are therefore hereby commanded, in the name of the President of the United States, to enter said premises with the necessary and proper assistance, and there diligently to investigate and search for any such wie apse and to seize and secure the same, if any such be found, and to hold and dispose of the same subject to the order of the District Court of the United States for the .....-. District of ...... , and what you shall have donein the premises, do you then and there make return thereof, together with this writ. Given under my hand and seal on this ...... Gay0l se. 5 eee [SEAL.] United States Commissioner for Su tone District of ....... NoTE.— Unless a United States commissioner is specifically authorized by Federal law, he can not legally issue a search warrant. AFFIDAVIT FoR SEARCH WARRANT. (Federal form.) UNITED STATES OF aaa Soe DISTRICIA@K a5 Be it remembered, that on this ...... dayofac-e ,19.., before me, Adeeee ,a United States commissioner for the ...... District of ...... CAMO occ , who being by me duly sworn, deposes and says that he has good reason to believe, and does verily believe, that within a certain ..... being the premises of ...... , and being situated in the city of ...... ,in county of ...... , and State of.. Sap , and within the district above named, and which are possessed contrary to the form of the statute in such case, made and provided. United States Commissioner for the seeks District. of. as SEARCH WARRANT. (State form.) In the justice court of Hellgate Township (or precinct) for the State OTs eee: : County of 2 5.<-% The State of ...... to any sheriff, constable, marshal, or policeman in the county of ....... Proof by affidavit having this day been made before me by Henry Standish who has good reason to believe, and does believe, that there are held and concealed unlawfully certain property described as follows: ) 402.2. 2ie2. 22. Sh eee (which was stolen, or which was held with intent to use it in committing a public offense, or which is evidence of violation of the game laws of the ———————— 970 State, as the case may be) in the premises described as the dwelling house situate on the ranch of John Smith, and occupied by the said John Smith, in section 35, T. 49 N., R.3 E. within the county of ...... State or... .). ‘You are therefore commanded to make immediate search in the day- time of the premises above described for the property defined by this warrant, and if you find the same or any part thereof, to bring it before me forthwith, together with your return on this warrant. Given under my hand, and dated this .... Gay Ofc 192. . PHiLiIr COHEN, Justice of the Peace. Nortre.—lIf the offense be against the game laws of either Montana or Idaho, the words ‘‘ game warden”’ may be inserted in a search warrant after the word “policeman.” AFFIDAVIT FOR SEARCH WARRANT. (State form.) COUNTY OF MISSOULA,)_. STATE OF MONTANA, } ‘ ’ Thomas Spencer, being duly sworn, deposes and says: That he has good reason to believe, and does believe, that within a certain dwelling house, the premises of (or occupied by) Ezra Breckenridge, and situate on section 4, T. 13 N., R. 24 W., M. M. county of Missoula, State of Montana, there are held and concealed unlawfully the bodies of two deer or parts thereof, which were killed in violation of the laws of Mon- tana and which are possessed contrary to the form of the statute in such case made and provided. ee THOMAS SPENCER. “Subscribed and sworn to before me this ...... day of ....... y 192% . JOSEPH DESCHAMPS, Justice of the Peace for Hellgate Township, Missoula County, Montana. SUBPCGNA. (Federal form.) UNITED STATES OF Mo ‘\ss == DISTRICT . Cannes event aeons ONES, Division. The President of the United States of America, to the marshal of the .....- desirict of 22... , greeting: You are hereby commanded to summon ...... 1 ea ee be found in your district, to be and appear before me, ...... ; 2 United States com- missioner for the district of ....-.. Brcctials division aforesaid, at my office, Geeeee a OU LHe... |. day of -...::; 19.., at...... o’clock .. m., to give 110113—22 7 98 testimony, and the truth to say, in a cause pending before me, wherein the United States is complena shave Oke e defendant. In behalf of ...--.. Hereof fail not, under the penalty of the law, and have you then and there this writ. Given under my hand and seal, this ...... day Of... 3.4028 ae st eees [SBAL ls tei AW ban See eee eee U.S. Commissioner as aforesaid. Notg.—A United States marshal or his deputy is the only person authori ed by Federal law to serve a subpoena. SUBPCENA, (State form.) In the justice court of Hellgate township (or precinct) of the State of The State of ..-...- to Richard Buckhouse-: You are commanded to appear before Isaac Hodgins, a justice of the peace of Hellgate township (or precinct) in Missoula County on July 24, 1925, at 10.30 a. m. at the office of the said justice in the city of Missoula, as a witness in a criminal action prosecuted by the State of Montana against Abram Bornstien. Given under my hand this 14th day of July, 1925. TSAAC HODGINS, Justice of the Peace, Hellgate Township, Missoula County, Mont. Novre.—A similar subpoena may be issued by the county or prosecut- ing attorney when he is investigating a criminal offense committed in his county. SUMMONS TO CORPORATION. (State form.) COUNTY (OK -2 222 Cx SS: SrA sO (sae \ Tothe Northern Pacific Railway Co., a corporation. You are hereby summoned to appear before me, at my office in Mis- soula, Mont., on July 28, 1921, at 9.30 a. m., to answer a charge made against you on the complaint of Duncan O’Reilly for setting on fire and burning slashings within the county of Missoula, State of Montana, , without first having obtained permission in writing to burn the said slashings, from a forester, or from a forest ranger, or from a fire warden, of the State of Montana. Dated at the city of Missoula, State of Montana, this 29th day of July, 1921. ADOLPH SCHAUER, Justice of the Peace, Hellgate Township, Missoula Gounty, Mont. 99 RETURN AND CERTIFICATE OF SERVICE OF SUMMONS ON A CORPORA- TION. (State form.) STATE OF IDAHO, \ ss: COUNTY OF BONNER, IT hereby certify that I received the annexed summons on the 4th day of August, 1921, and personally served the same, together with a copy of the complaint in said action, on the defendant corporation named in said summons, by delivering to and leaving with Amos Switzer, the president of the said corporation, personally, on the 5th day of August, 1921, in the said county of Bonner, State of Idaho, a copy of said sum- mons and a copy of said complaint. Dated this 6th day of August, 1921. PATRICK HENRY, Sheriff of Bonner County, Idaho. Note.—Any competent person over 18 years of age may serve a summons. Ifserved by a person other than an officer, such as a sheriff, constable, etc., the return or certificate of service should be in the form ofan affidavit of the person who made theservice. Thesubstance ofthe affidavit should be similar to the return above outlined. RETURN AND CERTIFICATE OF SERVICE OF SUBPG:NA IN A CRIMINAL ACTION. (State form.) STATE OF IDAHO, \ Ss: COUNTY OF KOOTENAI, I hereby certify that I served the within subpeena on the 9th day of August, 1921, on Roger McParland, being the witness named in said subpeena, at Kootenai County, by showing the original to the said witness personally and informing him of the contents thereof. Dated August 10, 1921. BRIAN MCMAHON, Sheriff of Kootenai County, Idaho. Note.—Any com»etent person over 18 years of age may legally serve a subpoena issued by a State magistrate. Should it be served by a private citizen, his return should be in the form of an affidavit similar in substance to the certificate above outlined. COMMITMENT OF DEFENDANT. (Federal form.} UNITED STATES OF AMERICA, SS: S245 SISTRICT OF... \ 79 Shes Oe Division, The President of the United States of America, to the marshal of the ...... district of ...... Meee and to the keeper of the jail of ...... , in the SCO) (or of any other jaik within the ...-.-. MiS7Ch Opiates , to whom these presents may come), greeting: Whereas, ....-- ,ha.. been arrested upon the oath of...... , for having, on or about the .....- day OF ic. 25: , 19...., in said district, in 100 violation of section ..-.-. of the Revised Statutes of the United States, nla willy” 2 ode eels bie P55 = eee he Moewine oo = gee ee tose e se And, after an examination being this day had by me, it appearing to me that said offense had been committed and probable cause being shown to believe said .....- committed said offense as charged, I have directed that said -..... be held to bailin the sum of -...-.. dollars, to appear at the first day of the next term of the district court of the United States for the ...... district of -....- division, at ......,and from time to time thereafter to which the case may be continued and he having failed to give therequired hail: Now these are therefore, in the name and by the authority aforesaid, to command you, the said marshal, to commit the said ...... to the custody of the keeper of said jail of .....- (or ofany other county in the district above named to whom this commitment may be presented) and toleave with said jailer a certified copy of this writ; and to command you, the keeper of jail of said county, to receive the said ...... , prisoner of the United States of America, into your custody, in said jail, and sutEie safely to keep until ...... be discharged by due course of law. In witness whereof, I have hereto set my hand and seal at my office in, said district, this -—.-- day. otic... 6.5 An DOs [SEAL. ] wietsle oye ¢ velotelneld ayia hee een U.S. Commissioner, AES District of......., ----.- Dimon: COMMITMENT OF WITNESS. (Federal form.) UNITED STATES OF AMERICA,\., . DISTRICT OF . pe The “President of the United States of America, to the marshal of the Bere district of ...... and to the keeper of the jail of .-.... county im the “State of»... 2: , or of any other jail within the ...-.. district of i a io whom these presents may come, greeting; Whereas, ...--- , has been arrested upon the oath of ..-... , for having, on or about the .....- ay OF te A2% , 192..,in said district, in violation of section ...... of the Revised Statutes of the United States, unlawfully — ee And, after an examination bettie this day had by me, and it appearing to me that said offense has been committed, and probable cause being shown to believe said ...... committed said offense as charged, and I having directed that the said .....- be held for the grand jury of the United States for said district, and Whereas, it appears that ...... and 225555 , are material and necessary witnésses on behalf of the United States in relation to the said charge, and the judge of this court having directed that the said w itnesses, in default of their furnishing a recognizance for their appearance before the said grand jury, be committed by the undersigned, and 101 Whereas, I have directed that the said witnesses be recognized in the Sri? Of .....- dollars each, to appear at the first day of the next term of the district court of the United States for the ...... district of <..-.. ; Bis... 7 Ol thet 522 aay Of os... , 192-, and from time to time there- after to which the case may be continued, and they having failed to give the required recognizance: ' Now, these are therefore, in the name and by the authority aforesaid, to command you, the said marshal, to commit the said ...... and ...... as detained witnesses, to the keeper of the jail of .....- county, or of any other county in the district above named to whom this commit- ment may be from time to time presented, and to leave with said jailer a certified copy of this writ; and to command you, the said keeper of said jail of said county, to receive the said ...... and Serene , detained witnesses of the United States of America into your custody, in said jail, and them there safely keep until they be discharged by due course of law. In witness whereof, I have hereunto set my hand and seal at my office in said district, this ...-... day Ofc ss755 AD LOS. 3 U. S. Commissioner, eee District Of oc oe COMMITMENT OF DEFENDANT. (State form.) COUNTY OF oe (s STATE OF MONTANA, f°’ The State of Idaho to the sheriff of the county of Boundary: An order having been this day made by me, that A. B. be held to answet upon a charge of (stating briefly the nature of the offense, and giving as near as may be the time when and the place where the same was committed), you are commanded to receive him into your custody and detain him until he is legally discharged. Dated this 12th day of July, 1921. JAMES MONROE, Justice of the Peace of Bonner’s Ferry Precinct, Boundary County, Idaho. DISTRICT 1 FOREST SERVICE OUTLINE FOR LAW ENFORCEMENT REPORT. [To be submitted to the District Forester, immediately after the termina- tion of each criminal trespass proceeding, prosecuted in a State court, on complaint or recommendation of a Forest Service employee.] Re Noe Sia ee cs ea ad pe aha eyAP S & ak ae a ee en i iy bl lll i ee ee ee ee | Offense committed 2. 22.22 e082 doje eae ae a a Date committed... 5.2 <.c0c aa gshcpcwe ance eee ee ee eee LOCATON esi 55 5 Sek kok pd oe aelg gen see Shp a aah See Saree If a tire, givename, area, and brief reportsy-22._ ose eee ae eee eee Section of State penal code under which prosecuted..................-.- Plesioldeiendantisy caso se ose: aoe Date... 3,204 Tried before Judge... 6 ia. < as es ee Ae e cles Aes oe ee of . (Name) hi UP VAPOR VIS RRS RANI 9 a Court at... oo. occ cuepe tle eee ee (Justice’s, Police, County, District) (Location) Se Na foe RT teas SRY ULE Date. 2. cj fejek = hice a 6 V CLGICL Ee near eee (Court of jury trial) Sentence: Imprisonment (days)...... Suspended, if any (days)...... (Total) BIN Seip we ee Amount suspended (if any) $_...............-. (Total amount assessed) Any other action. 22.22... 02.2.0 eS. Se einen ae eee Name of investigating officer, and assistants if any..................... Date investigation started and closed... 3. 5.2.22 5224-e5-e eee eens Brief summary of evidence secured and action taken.......-........-.. Publicity .jo..h.0cs fh, osc cke od ewe c Sanne oe a eee Personal description of trespasser: ! Age...... Height...... Weight... - Wyes-cece- 03 2) pe Any peculiarities aiding in identification. ....... Ocempatione ss: SiS Pees ees ee Habits bearing on identifi- cation'or apprehension.) 292. (2252252020 Set sae eee ee eae eee eee General reputation sv ese, Phe ee eee ASSOCIATES ee oe Seow e ee ten ons one eee Additional remarks: -. o0: 2S S020 0 eee. Ie ne on ee (Signature) (Place) ee ee a (Title) 1 Necessary only for willful trespassers. INDEX. A. Page Account, penalty for presentation of false, fictitious, or fradulent. . 18 Acknowledgment, penalty for officer certifying falsely...........- 1s Action: Limitation of, for offenses against Federallaw................ 76 Limitation of, for offenses against Montana law..............- 7 Limitation of, for offenses against Idaho law....._. PO eee cigs x9 Affidavit: Forms of, in usein Federal and State practice. (See Forms.).. 91-162 TTT Sei Se es RSE LICR a tn a Sh Agreement, penalty for entering into for purpose of defrauding the "i TUT Ds ESERIES, Ae le he i er EE ne 19 Animals, Game, Federal laws: Penalty for transportation of wild animals or parts thereof, kalWedim violation of local/laws. 2-22.22. 22 eesi sci ei ce 12 Penalty for receiving animals shipped or transportd in viola- RICE ee ne Sh ae ae se Mee Sos ese nes 12 Antelope: Penalty for shooting, killing, or capturing in Montana........ 23,25 Henarey tor dorring in Montana. -2.. 2.2.25 5. 0222022222. .22.8: 23 Penalty for pursuing, killing, or capturing in Idaho.......... 45 Appeal, may be made within 10 days after judgment........._.. 80, 85 Arrest: Power of forest officers to make, under Federal law............ OE Power of forest officers to make, under Montana law........-. 7s Power of forest officers to make, under Idaho law............. (eis May be ordered for a Federal offense by a State judge, magis- trate, mayor, chancelor, or justice of the peace.............- 74 May be ordered by United States commissioner upon filing of PTAC SITE GG LETTS LG Tia Seas lel lp a eer a a Et al ie ep Sa fi Person making arrest may take from accused all weapons... . 79 All force necessary to execute the warrant may be used....... 79 Assessments, political penalty for making, etc.................... 19 Automobile, penalty for shooting, killing, taking, or capturing ELON E cA ATO aha 4 ol tel gt a ea BN Ne a nee EL ee Spake? SIR cs B. Bail, may be allowed by United States commissioners, justices, probate judges ,and other magistrates................... 71,73, 80 Bear: . Penalty for killing in Idaho during closed season—exceptions. . 46 Defined by Idaho law as a game animal.............2..2..-.- 40 (103) 104 Beaver: Page. Penalty in Montana for killing without a special license......- 24 Penalty in. idaho for killing’? iT. 2 2s. 2. oe) ee 46 Penalty in Idaho for having hides in possesion, Seeger as pro- WGC Si. 222 nn ck adic ap secaeee cece as hele 15 Birds, Federal laws: (See also distinctive names, like ‘‘ Duck,” ‘*Geese,”’ ‘‘Brant,”’ “Grouse,” etc.) Penalty provided by Federal law for wilfully disturbing, hunt- ing, trapping, capturing on United States reserves game birds; evel. 222 2. oad thee ee ee i ec 12 Penalty for transporting by common carrier, if killed in viola- tion of local laws). ....2..4..\,..se 4: 45qss5eceee eee eee 12 Dead bodies to be clearly marked with name and address of shipper, if shipped in interstate commerce...........-....-. vil: Misratoryeec. ost 22 ci: 5 oo Ree ae 10,11,42,43, 44 Game, defined... 30.2 20.22155 52+ eee eee 24, 40 Penalty for killing, shooting, capturing, or attempting to kill, shoot, or capture from automobile. -_.-22 2 ee pee eee 25 Penalty for killing, shooting, capturing through aid of arti- ficial light, set;sun, trap, OF SMare-.. 22 2. eee 25 Penalty for killing or hunting from an airplane, power-boat, or Sailboat. ose ee 2c) cicsienjoaee ooh aaa 26 Penalty for taking without license in possession at time of 1 ah) i ne ene ALTER mr 25 Penalty for shooting, killing, or capturing from within the | bounds, of a;public highway. 2:2. 2 4-2 once eee eee : 25,43 Persons under 15 years of age may hunt, kill, etc., game birds, without a license during the open season, in Montana...... 25 Bison: Penalty for shooting, killing ,or capturing, under Montana law. 23 Penalty for catching, trapping, or restraining for the purpose ofsale jor, domestication... 2. gee ees ee eee , 23 Boundary, jurisdiction of crime committed near county line.....-. 81 ATAU Geek eles wis ae Gels Ser ota ele ek Se eee 11,28 Bribery: Penalty for offering, ete:, bribe... a os 5 eee rs tO Brush: Penalty for failure to dispose of new cuttings within one year from date of cutting, in’ Montana --- 2255. ee eee eee eee 22 Penalty for failure to dispose of old cuttings, cut since Oct. 1, 1918, before March,7, 1921, in Montana:. 2.242) eee eee 22 Penalty in Idaho for not disposing of, according toinstructions of fire warden.-......... ci eehes see oss a gee ee are Buffalo: ; Penalty for shooting, killing, or capturing, under Montanalaw. 23 Penalty for shooting, killing, or capturing, under Idaho law. 45 Bullfrogs, penalty under Idaho law for hunting, killing, or catch- ingin public waters. 2.2 J..scs..s aces see eee 43 tie ; Caribou: Page. Penalty under Montana law for killing or capturing or dogging. 23,24 Penalty under Idaho law for DUrStane killing, or capturing. . 45 SCLIN) FE Os Sees eee hs Se TE? OT OT ae ose 9, 21,39 Challenge. (Se¢ jury, selection of.) CaP yase a pea sete iy saet nace wae Liod seuusiveaueted sdigued . 22 CTPA i Learn ste. eete io Ssereinyss rad Cees yes) ak eee 22,87 Commitment: Hormmoru wseins Federal practice... 2... ...--Ws 4asss Jaye 99,100 NWoGnEorMUuseim State practice........2... 4.265.022 5- 4st 101 Common carrier, penalty under Federallaw for transporting game birds or game animals in interstate commerce..........----2--. 12 Complaints: sit HMOrmMs Of muse in Mederal prachicesetin: ui. seus Jed. jse7 1 ge 91,92 Hormns/of, in\use in State practice: .s-054 codes ieee elses 92,93 Conspiracy: Benaltydor, under Federallawos (i220. SS eis 9,18,19 Benaltvior under Montana lawts:setscu 2 ads Yous BE gsi ge 36 Penaloyiorsunder Idabollawos: 3231) tet esse oe). a ee 53 Horporarion, Mow prosecuted. for enimes Jiit 24262 cass M8 Bee 8&3 PRIETO VE LOUMOG Ye er Papi a Aiea: = es pie hed oie) iselsntel seh lapse 88 Crime, limitation of time foraction. (See Felony and Misdemeanor. ): Crimunalnesponsi bility; defineds +2229. jih-45 4. yok. setl sds sten &7 Curlews: Penalty for shooting or killing, etc., in Montana.........-...-- 28 Penalty under Idaho law, for killing prior to Dec. 7 1926. setae 44 D. Deer: Montana law— (See also Animals.) Petia tbyitor dogeina im’ Montamas sey 24. oad 2 ieee ote os 23 Penalty for hunting without a license... .....-..--2+.-4.;-- 24 Penalty for hunting during closed scason.......--- ee 26 Penalty for shooting, killing, hunting, or capturing more than one male with visible horns..............-.- siete. 26 Penalty for shooting, killing, hunting, or cantiene any PEAR te et pe oa ot Smo irs + se Gap “meet yaarawne SSIReEe 26 Penalty for shooting, killing, hunting, or capturing in CLOSCOICOLMUICS OF LELLIUOLY <=. s25----- 2-2-6 ae Be Ose ey | 2 Penalty for destroying evidence of sex.........-------..- pies 27 Idaho law— (See also Animals.) : Penalty for hunting without a license......-..--.---.---- 39 Penalty for pursuing, hunting, or killing in closed season established for various counties.......-.-.-..--.-: sent? < 45 Penalty for trapping, snaring, or killing at deer licks... .. 45 Penalty for catching or pursuing wilh dogs.........- deters 45,46 106 Deer—Continued. Idaho law—Continued. Defendant, rights of... .050222 2 229 ee eee ee eee 75, Penalty for capturing or killing more than one in the open season... -.- phe ie potions LTE PEE Fe eee Penalty for shooting or killing in water or on the ice of any stream, lake, or pond:....../ 4. G902¢ . aa eee Penalty for shooting or killing while being pursued by dogs. Penalty for pursuing, hunting, killing, or capturing spotted fawn {2220200 2.05 Saee ae en or ee ee Deposition: Distinguished from affidavit When it may be taken Doves: Bag limit for one day under Federal law Turtle, penalty for killing, etc., in Montana Mourning, penalty for killing at any time in Idaho Duck: Bag limit for one day under Federallaw. ......-..../...----. Penalty in Montana for killing, etc., during closed season. -- - Penalty in Montana for killing, etc., more than 20 in one day. Penalty in Idaho for killing, etc., during closed season es eee eee Penalty in Idaho for killing, ete., more than 12 in one day.... Penalty in Idaho for having in possession more than 12 in one day Elk: Montana laws— (See also Animals.) Penalty for dogging in Montana22222 2 j2202 eee Penalty for catching, trapping, or restraining for sale or domestication.in Montana: a 22 252 see 2s nce se eee Penalty for hunting without a license..-...-....-.-.--... Penalty for hunting, etc., during closed season. ........-- Penalty for'taking more than'on@.\2) 222-25. 2 - eee eee Penalty for leaving part of, fit for food, after removing héadand teeth shi 2205. eee yee ee cee eee Penalty for shooting, killing, hunting, or capturing within closed counties and territory Idaho laws— (See also. Animals.) Penalty for pursuing, killing, or capturing calfelk......-.- Penalty for pursuing, killing, or capturing elk in the closed seasons established for designated counties and territory. Penalty for trapping, snaring or killing at deer licks... ..- Penalty for catching or pursuing with dogs.........-.---- Penalty for capturing or killing more than one in the open season Page. 26 107 Elk—Continued. Idaho laws—Continued. lage, Penalty for shooting or killing in water, or on the ice of any STREETER IEW EE AraY 0'C0) 0 Ke eee Re a ra rm ne ARE ye 46 Penalty for shooting or killing while being pursued by dogs 45,46 Evidence: ACh ML CMIUUDIOMN Obey oe ok suse sce oe kA a Lt 54 Competency and admissibility to be determined by the court. 54 Sufficiency of, to be determined by the jury.......-..:...<:.. 54 Be Perm PERTTI rtes iste thahecn att cig Sa tae a altos tacts clef n)e 57 ESS APG (17007277 |e » 54 SSPE CUIRMLS CARVE L CLOUT OC a5 12a outa oo also olen poh Spm ine cinBleys @ wos 54,55 In criminal cases must be convincing beyond a reasonable RR POR OREN Bin eke Pn, Se Fat Ih ne cco bye biped Ae ee eh pag icide 54 Principles governing the production of Be ed ew ee oe es aes 56 Pees GTS, DE SUUDTIULEE OG. | 9 car 3m cache Semin Sialets SieiSe w cles ge.ntsinns 57 Distinction between original and secondary...............-.. 57 Copies of documents not admissible as a general rule. ........ 57 Burdenyol proot on the Government... 62 .nce, a: 2% s-dsccei- - 56 Certified copies of public records admissible. ................. 57 Should be submitted in logical order to the court and jury... 74,84 PEM MUSHNANS | PHOLOSTADNS, CLC... o2 2.01 ct. - ims ceinntjeGesntesc es 60,69 nn rss ETES” DECOM or re of Gb te aban no Fig Biqunichm wpiF oe = eee 26 Penalty for fishing without alicense....................-. 25 Penalty for catching game fish through ice................ 26 Penalty for taking without license in possession at time of CAKAN Ge eae one oe pec ye tin ate e Cae nee 25 yame fish may be taken in any manner, except through use of explosives or poisons, from artificiallales or ponds upon the owner securing a license and filing a bond..... 26 Game fish detinted «0.02 fies css 52> soe o ee eae ee ee eee 26 Persons under 15 years of age may fish without a license. . 25 Idaho laws— Penalty for fishing without a license in the public waters ofthe States. loch see ec cn ot ete mes «eee aoe eee eee 39 Penalty for selling whitefish, salmon, without a permit... 41 Penalty for selling sturgeon without a permit.......-..--- 41 Penalty for having in possession fish taken unlawfully.... 43 Penalty for killing or catching with seine, net, spear, weir, fence, basket, gillnet, or dipnet, etc., except salmon in certain waters within specified periods and as otherwise PLOVIdEds | Hts hot these Seen os ee eee 42 Penalty for taking fishin Bear Lake at any time oftheyear with seine; met; or’set limet <2)... 20S. eee 42 Penalty for catching trout in any of the public waters of the State except lakes and navigable rivers during the months of April. and May: 2°02. 2)... ae eee ee 42 Penalty for catching trout in Elk River above the falls in Clearwater County in October or November.........-..- 42 Penalty for catching fish through the ice except in the rivers and lakes specified! : 25.02 2. Sree See eee 42 Penalty for catching trout through the ice except in Kootenai and Pend Oreille Rivers and Bear Lake..... 42 Penalty for catching more than 15 pounds of fish in one ‘day of. certain:speaies 3.): ats so. Pa Re eer 43 Penalty for having in possession more than 30 pounds at one time of certail Species. .2 <4. 2265 cs eee ss eee eee 43 111 Fish—Continued. Idaho laws—Continued. Penalty for having in possession more than 100 of certain Beene emEC LenS ary mor rie oa ake fet : Penalty for catching more than 50 of certain Speciesin ase. Penalty for having in possession or for catching or killing black bass less than 6 inches Mele TAS ea eee nie kia aw let ee malls, oe i i iy Supervisors, deputy supervisors, and rangers, ex-officio game en merbne Sel ee LO May search certain places for game held illegally without mere Che de bank liad WARE Goi Wek) SO SO SAS Ne aim wee a ras wie, anne wwe mtnaa ee eel el a Fox: Penalty in Montana for killing, etc., during closed season... Penalty in Idaho for killing; ete., during closed season...._... Page. 112 G. Game: (See also Animals, Fish, Birds, and distinctive names of ani- mals and birds): Preserves, penalty under idaho law for violation of act which Page 4 ChOBTOD sae ects k oe Hie oe oe pb ee eie eh Saeelhe p ee eeeeee 47 Preserves, penalty under Montana law for violation of act which created: ae oc scctoieg, «code ais ast se eos Eee 39 Wardens may search for in certain places without search war- TOG. 2 cee reels co shin’ sed dso peed eau a at ee ee 7,70, 78 Geese: Bag limit for one day under the Federallaw...............-.- 11,28 Penalty in Montana for killing in closed season............... 28 Penalty in Montana for taking more than eight in one day.... 28 Penalty in Idaho for killing in closed season................-- 44 Penalty in Idaho for killing or having in possession more than two in one day: 2. s- esse WSs. bi ceakt pope eee ee 44 Goat: Montana law— Mountain goat, penalty for dogging.....2............-.... 23 Mountain goat, penalty for catching for sale or domestica- BON) 32. ses ede pkeeth fie tele eee "ay aie He 23 Mountain goat, penalty for hunting, killing, etc., before Ocbs 1; 192620 .<).2% 3 pnadte sites Mies soe eee ee 27 Idaho laws— (See also Keirnale ) Penalty for pursuing, hunting, killing, or capturing in . closed season in designated counties and territory...... 45 Penalty for catching or pursuing with dogs........... pied 45 Penalty for capturing more than one in the open season.. - 45 Grazing: Federal laws— Secretary of Agriculture to regulate, within the national LOVOSUS Coes so se cok oo a2 bn co sibs ae elena eR Ee ee 16 Penalty for violation of Secretary’s regulations..-......... 16 Penalty for grazing on or driving across national forest lands without (a permit: oo s.0 22-2225 -6 5 ee 16 Penalty for violation of the terms of a grazing or crossing PORMNIG «oo ee Sons cea c Cae sie ie eC 16 * Penalty for grazing live stock on an area closed to grazing. . 16 Penalty for grazing of class prohibited on area close tothat __ CLASS )5.2:cish22 oie Sk wien Sigmon Sete a ee 16 Penalty for allowing unpermitted stock to drift on to national forest lands.....4/sees5 00% 4664512 see a pee 16 Penalty for refusing to remove stock from national forest lands upon request of a forest officer..............------ 16 Montana laws— ; Penalty. for failure to have horses and mules’ inspected before removal from the State.............. eS SE *) 33 113 Grazing—Continued. Montana laws—Continued. Page. Penalty for failure to have live stock inspected for brands before removal from one county to another............ Penalty for railroad company shipping stock without PS MECULOM aa Faso Lasts oe wee ees oe eT Penalty for permitting animals suffering from infectious or contagious or communicable diseases to run at large on the public domain or public highway................... Penalty for violation of the regulations of the Live Stock UaPEAOREMG= 3980 bs Seve BS aes dat as See Penalty for selling for human food the carcass of an animal slaughtered under unsanitary conditions..............- Penalty for marking or branding or altering or defacing such marks or brands of live stock of another with in- tent to steal, or to prevent identification by owner...... Penalty for failure to record or re-record marks or brands within the specified period...............22..2......... Penalty for knowingly selling or offering for sale any horse, mule, or other animal affected with glanders, farey, or other contagious disease....................2-. Penalty for driving unbranded animals through the State. Penalty for driving animals from their customary range Without consent of owner............----.-.-.--.J2Hsogls ‘ Penalty for running on the public domain or within a national forest any but a pure-bred bull....-............ Penalty for ranning pure-bred bulls on the public domain or on the national forests of an age less than 15 months wore than § years Of AC << =e. cscs -ddasede~ ond neem Penalty for taking an estray into possession for one’s own use without the consent of the owner................--- Jdaho laws— Penalty for violation of any regulation made by the U.S. Secretary of Agriculture regarding live-stock sanitation. . Peaalty for placing on public range an unregistered bull. . Penalty for placing on public range a bull less than 15 months or more than 8 years old..................-...- Penalty for placing a bull on the range with more than 25 PTE PRETO UL at Pasa an ES ooo ous pe myalenpeotinete Penalty for running a bull on the same range more than three successive breeding seasons...............--..---- Penalty for violation of the stock quarantine laws of the BueLeNeClatiVe: LO SNEED... 2a. 086) o- 0s ce Sesinecdeasctiier Penalty for bringing diseased animals into the State...... Grouse: ' Penalty in Montana for shooting, hunting, killing, or captur- SPR PMEEE EEIUGOG, SCASOM. oes oo ane n-ne gnen cent cecinceuee 110113—22——__& 33 34 34 34 34 34 34 34 34 28. 114 Grouse—Continued, Page. Penalty in Montana for shooting, hunting, killing, or captur- ing, in, closed counties 2.54 4--45iecst Le tee eee Penalty in Montana for taking more than five in one day..... Penalty iB Montana for having in possession more than five at ONETIME. <5... cba s Sec lct eee eee a Penalty in Idaho for killing during closed season, which varies. Penalty in Idaho for having in possession more than six at one TUNG 22 ot ok ce node Zee eee Syl ee ee ee ee i: Highway: Penalty in Montana for destroying, injuring, removing, break- ing, or displacing: 30g 99 2 psa ees Soe ee eee Asidefined by, Montanadlawe. sioio5 59: 2 eee Penalty under Idaho law for injuring, destroying, ete......... Definition of, under Idaho law Indictment, under Federal law must be found within three years except for murder Information: Under Federal law must be instituted within three years..... Can be instituted only in cases of misdemeanor, under Federal PLACWCOS {82 eee Cake ek Re ea a te ee ee ee oe oe et Investigation, useful hints on Judgment: May in case of misdemeanor be rendered ina bsence of accused. May be rendered not less than six hours or more than two Gays alter, VOEdICts 3. 8. es ena soe oe ee Juror, qualifications of Jury: Grand, composed of seven persons under Montana law......- Comprises six persons in justice’s court of Montana, or parties May sores on lesser hitnber...-- . . seo ee ee Under Montana law judicial, civil, and military officers of United States exemipt from: service ---- 2. - 2.25. ee eee Under Idaho law judicial, civil, and military officers of United States exempt from service...........-..--+-0-.20... 222 6..02 ee. Sal ae ee 23 Penalty for catching, trapping, or restraining for sale or adpmestication, 1 Montand S2een) be2 see ee) See 23,24 Idaho laws— (See also Animals.) Penalty for pursuing, killing, or capturing...........--.-- 45,46 N. Nuisance: Peaplieras defined by Idaholaw 2. 222/222 52.22. 20.22.2205. 53 Penalty under Idaho law for maintaining or committing... .- 53 Public; as defined by Montanalaw-.-.........2..22.20.2...2- 32 Penalty under Montana law for maintaining or committing. - 32 oO. - Oath: Penalty for false certification by officer, as to personal appear- TLE nn oe Se et Se a ora 18 Penalty for false, before any officer, court, or tribunal of TO Towsinveyg! (SUA TRESS a oes wage a Be Sat a a A a er 18 Occupancy, Federallaw: Penalty under Federal law for maintaining, erecting, con- structing enclosures on public lands of United States....... 15 Penalty under Federal law for preventing by intimidation, etc., lawful occupancy of publiclands......-..-......-.. 10, 15,18 Penalty for maintaining fences, works, or structures on na- PIOMMMOLe SL AMMOS. 2.528... Meee . RAR CU SLING i, 16 Penalty for leaving camp refuse on national forest lands. -.--- 16 Penalty for polluting streams, ete., on national forest lands. -- 16 Offenses, jurisdiction when committed on train or vessel in Idaho. 89 Officer: (See also Forest officer.) Penalty under Federal law for personating an oflicer of UETIHE GL STARR SSE RS i ie a 2) 17 Penalty under Federal law for stealing, mutilating, or falsify- erie tae erate fee sw goa os ee atl 18 Otter: Penalty in Montana for killing, ete., during closed season... .- 28 Penalty in Idaho for killing, ete., during closed season... ...-- 46 Pe: Page Papers, restoration of mutilated: jo. 22.226 5-4-6022 ee eee ee 64 Partridge: Penalty under Montana law for killing Hungarian partridge. - 28 Penalty under Montana law for killing common partridge in closed season, or in closed counties. =--..2-<-.-2s5e" aque 28 Penalty for killing or having in possession in Montana more than five in.one day a2. foe. ee os soe eee eee 28 Penalty under Idaho law for killing in closed season, which variesin certain territories..... 31... 3-323 SRspe ee eee eee 44 Penalty under Idaho law for having in possession more than Six atonetime........-..egaetteot 262 See as ee 44 Peaceiofficers; who aress2sculss) ee bee ees 2 ee ee eee 36, 81 Penalties. (See distinctive heads such as Fire, Grazing, Property, Animals, Birds, Game, Duck, Deer, Flk, Bribery, Common carrier, etc.) Perjury, penalty under Federal law, for conviction of.........---- 1s Pheasant: Penalty under Montana law for taking Chinese or Hungarian. 28 Penalty under Montana law for killing during closed season... 28 Penalty under Montana law for killing in closed territory... -- 28 Penalty under Montana law for killing more than five in one GAYidvslecteciws spo seedepledodlaceh cel. ce i ei ee See ee 28 Penalty under Idaho law for killing during closed season, WHICH: VaFies..ca.6s selssei ke or ba eee 44 - Penalty under Idaho law for having in possession more than Six‘at onetime: 3 00. eae gs see 44 Penalty under Idaho law for killing Chinese or Mongolian in Closed. S@ASON aie = Sie s-eSe Saco a.no erie ee ee eee 44 Penalty under Idaho law for killing or having in possession morephan four imone day -..2 252 eeeeoeesee see ee eee eee 44 Photographs; Use Of .:2 2 220 «os sce ech ons eee eee eee eee 60,84 Picea, may be made orally im open’ court. --2-. 2-22-22 +2. eee 83 POV ere eA ANS aS EY | SE ee ie ee es eee ee 11,44 Poison, use of forbidden. (See Fish.) Police courts, definition of. 2200 Poti Sh 2 eee 85 Policy, law enforcement, statement of..............----..4.----2- 3-8 Postponement; of hearing ‘or'trial/:. 222055) 5-2 oe ee ee ee 73, 83 Powder, use of forbidden. (See Fish.) Prairie chicken: Penalty under Montana law for killing during closed season. - 28 Penalty under Montana law for killing in closed territory. ...-- 28 Penalty under Montana law for killinfg more than five in one GY. oars ercte pepe oieinnaze oie lore cas ata ie yo rere tions le Se ST ee 28 Penalty under Montana law for having in possession more thanfivein One Gay.-+...+.-.-.0+00024se mevnnmes este eee 28 Probate court, under Idaho law: There must be one at each county seat............--..--.---- 88 Procedure same as in justice’s court in criminal cases... .--.--- 88 119 Page. rosecitiis ahtorney tunectons. Of... 2: 2 dessbis et so.e deck ween eee SS Public land survey, penalty under Federal law for hindrance of. . 1s Publicity, results accomplished to be published after trial.. 102 Property: Federal laws— Penalty for taking or using United States documents to procure, fraudulently, money from United States........ 18 Penalty for robbery of or feloniously taking from United SUD OG Sas eee eee eee eee ee Ss ae ere a 13 Penalty for embezzling, stealing or purloining from United SG AbO Sets tte eter thes Bro te endettdia wint Supine ayes) cenlate we'd o's 13 Penalty for concealing property of United States......-.... 13 Penalty for breeaking or destroying gates ,fences, of \OHMIN ets NS) RCN Ce Cae ced Rees ee ee eS A ee ae a 13 Penalty for permitting stock to destroy grass, etc., on CNClOSUTes Of WmIbAGtStALeS. 2. Vois5 se epreel. ask ccbd cess = - 13 Penalty for defacing or destroying or changing survey COUNELS Of MUMITCGYSEaLESsL seis. sac cisen ewes ee ca tiated: - 13 Penalty for injuring or destroying telephone, telegraph, or eable lines of United States..-.-..-..2.....5-- pve = 15 Penalty for concealing, destroying, etc., maps, books, papers of WmrbedsStatess ee Sl ole 3k 8 hae howie 14 Penalty for injuring, destroying, etc.. historic or prehis- toric ruins on lands of United States. ..........-.--.-..- 14 Penalty for tearing down or defacing a Forest Service sign - 14 Penalty for destroying or injuring property used in ad- MMOISEAION. Of NAWMONAOLOStSs-\=c ince ect act oe cee s- 2 14 Montana laws— Penalty for willful or malicious burning of a building NVM CTL OGeCSt NO Vallis sant Ave) Seuss ye beree Y= 29 Penalty for malicious burning of an inhabited building in LOVES TOUTES Or BOY See eee ene ea RET ere Bremner es renee oe 29 Penalty for entering a building, tent, vessel, or railroad, car withintent to commit larceny or any felony.......-- 29 Penalty for entering a building, tent, vessel, or railroad car in the night time with intent to commit larceny or CUETO GMELIN ye me Mie het eR, BS oka el aie Ajeet = 30 Penalty for entering a building belonging to another with intent to commit felony or other crime by the use of high RISSETLOSICUCS aerate pes OMEN EEE Ne aN oben t= 30 Penalty for tearing down, injuring, or breaking any fence without the consent of the owner.....-.--..------------ 30 Penalty for severing from enclosed land any tree, grass, or other product, without the consent of the owner. -.-- 31 Penang dat pramd darcen ys eee: flee oo. Dd... 30 evalty for petit latceny..... i kiy.el. ii... ds edie. 30 Penalty for larceny of lest property. .-.....------------ ae 30 Penalty for bringing stolen property into the State....... 30 Property—Continued. Montana laws—Continued. Page. Penalty for burning building nof subject of arson, bridge, STOWE CIOPS i sas se ae soe ee Ce ee 31 Penalty for maliciously destroying buildings with gun- powder: or-other explosives ss. 23.2.9: 5 !4.22- eee 30 Penalty for maliciously or willfully cutting, destroying, or ininjuring, etc: Tencets 1) Sac Sse Ae ee eee 30 Penalty for maliciously or willfully cutting, destroying, or injuring, etc., dams, flumes, reservoirs, ete. .-........... 31 Penalty foribarming opinjurine ratts:+--= 02-22 eee 31 Penalty for obstructing navigable rivers.................- 31 Penalty for injuring United States survey monuments..-. 13 Penalty for destroying, defacing, or tearing down notices posted by the State or United States under legal au- thority2e LA Od, Feet Le 31 Penalty for leaving gate of an enclosure open.........:...- 32 Penalty for maintaining a public nuisance..........-...--- 32 Penalty for depositing the careases of dead animals, or part thereof; im rivers) ete] 29. AU) eee 32 Penalty for defacing marks on logs, lumber, or wood. ...-.-. 33 Penalty for poisoning food, medicine, or water............ 33 Idaho laws: Petit larceny defined. 1400220. .2i0 ih eh eee 47 Grand larceny defined 2250.2 Shahi Oo Se eee 48 Penaltyitor petit larceny s25. 22 22 ele a eee 48 Penalty forigrand larceny is. $0. 9s. ae eee 48 Penalty for receiving stolen property................-..-. 48 Penalty for bringing into the State or receiving property know to have been stolen:!))....7: .Y 71 Sige 48 Penalty for stealing lumber, railroad ties, logs, ete. ......-- 48 Penalty for defacing marks on logs, ete. ...-...--. bh log dite es 49 Penalty for placing obstructions on railroads............. 49 Penalty forinjuring a highway or bridge... . .... oe ee 49 Penalty for placing débris on highway..-.-..---..----.-.- 49 Penalty for removing or injuring telegraph or telephone J 110) (See eae ih EN te AE LER ait Mea Ny Pi AE a Ss 49 Penalty for injuring highway by diverting water thereon Or ouher wise. 22245 2605... eee cet Sere ee ee eee 49 Penalty for cutting or injuring telegraph, telephone, or electric wires Or poles: 2: 2242 $2203.46 22 Aste eee 49 Penalty for maliciously injuring or destroying real or per- sonal property. 2.25222) Ua 5 ee ee eee 40 Penalty for poisoning domestic animals. ........--..-.--- 50 Penalty for maliciously burning any bridge, building, etc., of a value not exceeding $20. ._.....-.2....1.....-- 50 Penalty for injuring crops. .... sc2seial 4g se ae 50 Penalty for destroying or injuring dams, canals, ete...... 50 Penalty for destroying telegraph poles, rafts, vessels, etc. . 50 121 Property—Continued. Idaho laws—Continued. Page, Penalty for defacing or tearing down legal notices........ 51 Penalty for mutilating written instruments.-............ 51 Penalty for destroying mining or water-right notices... - - 51 PenauyOmsawoOlarennd es ahi ae oso tbat deppetinsaalees 51 Renalivtorenminal syndicalism 32...2.5.4 jee desk sheers 51 Penalty for owner of building allowing syndicalist meet- PINS G EMMI OMC Oct nr ys)) hee She ke es teh oe abc 52 Penalty for willfully cutting, injuring, or destroying tim- DerrOmstarelamas yet st Lathe ob le ect k eens 52 Penalty for willfully cutting timber for shipment out of SHU ea icc S Sper Ele a ee ey ee 5: Q. Quail: Penalty in Montana for hunting, shooting, killing, or captur- TIE. .ctep Be bets Ge SB Sc eR LEER eee DR eh atelier 28 Penalty in Idaho for killing except in certain specified coun- PSs one badAdmacHiaBTeetteh ances See See ees Belen eaten “oiled Maree 44 Re Rabbits: Cottontail and snowshoe, game animals under Idaholaw..... 40 Jack, predatory animals under Idaho law......-..-..-.---.-- 40 Raccoon, penalty under Idaho law for killing in closed season. . . . 46 Records: | Penalty under Federal law for taking, ete., from legal deposi- See PRET foe AE Ay eA ols a ees a\b winitardssl elie 14,18, 35 MECOOMIPANGCEs 2/5 5 ais cdc cioce esas 1 ee ee RAPES ee eee 7 Regulations (see under proper captions such as Timber, Prop- erty, etc.) Reports, time of, to district forester in Federal and State trespass ae ee eee eee ees 69,74 Reward: Ruins (see Property, Federal laws, and regulations). Ss. Sabie, penalty for killing, etc., during closed season. .....-....---. 28 Sage grouse: Penalty in Montana— For killing, etc., during closed season...........--------- 28 For killing more than five in one day............-------- 28 For having in possession more than five at one time. ..... 28 Sage hen: Penalty in Montana— PameOnne ObC., OUL Of S6aSON «2.2.2 2-...-. --<5~- a+- ssc - 28 For killing more than five in one day........-.-..------- 28 Sage hen—Continued. Penalty in Idaho— Page. For killing in closed'season: ff 22227 2) Se ae eee 44 For having in possession at one time more than six.....-- 4 For killing more than six invone'day 95222 See eee ae 44 Search warrant: In general, United States commissioner not authorized to issue 73 May be issued by State magistrates in Idaho. ....../......--- 8d May beissued by State magistrates in Montana. ........-...-- 85 Sheep, mountain: Montana laws (see also Animals)— Penalty for killing, ete., prior to October 1, 1926.......-.. 27 Penalty for:dogging 223277379) 22325 22253 eee 23 Penalty for catching, trapping, or restraining for sale or domestication). 2). 262026 eee eer 23 Idaho laws (see also Animals)— Penalty for pursuing, killing, or eapturing............... 45 Penalty for trapping, smaring, or killing at deer licks... -. 45 Penalty for capturing or pursuing with dogs. ...........- 45 Penalty for pursuing, capturing, or killing young. .....-- 45 Slashings: Penalty for burning in Montana between June 1 and Septem- ber s0 without permit. 02. en nen oe ee eee 22 Penalty for burning in Idaho between June 1 and October 1 Without permit. 22.2.2. .2-2 seus oss cee ee ene 37 Snipes: <2 22. 5 25320 Sab Te. 2252S eas ee EE 2 eee 11,44 South Dakota, criminal procedure in justices’ courts similar to Montana? i222 sf pcb SUL Se So ee 90 Sora (see Federal law on migratory birds). Stock (see Grazing). Survey-corners (see Property, Federal laws). Survey, publiclands, penalty for hindrance of..............-.--- 1s Subpoena: Form of,in use in Federal practice. 22220" 222s, a5 eee 7 By whom issued under Montanalaw.................-..----- 82 Witness living outside county need not respond under Mon- tanalaw unless indorsed by trial judge-...........--.--.--- 82 General form in use in Montana. . 223-2. <2 epee eee eee 98 Corporation form in use'in Montana ---. 322. 2es eee 98 Formof, im usein Idaho practice... -2:--- 45-4 .-ee- eee 98 May be issued in Idaho by magistrates and county attorney, UG es ss eee oe seh enje tee ae ance a eee een rr §2 Swans: Penalty for lalling in’ Montana: 22.220 2 Soke ee eee 28 Penalty under Idaho law, for killing prior to December 7. 1926. 44 (See also Federal law on migratory birds.) 123 Telephone line (See Property). Telegraph line (Sec Property). Timber: Federallaw— Penalty for wantonly cutting or destroying on public Penalty for shipping or exporting timber cut in trespass on public lands..-...-- Sete IO EIS ACER ERE Penalty for cutting, injuring, or destroying timber on the reserved lands of the United States..................... Penalty for chopping, chipping, or boxing trees of United SUA SMOMUUN CMU CL oe a sctcafe onic vatieinie sit n= seian ois ois = Penalty for chopping, chipping, or boxing trees on the I RUTOTPAN BROLESUGIN hee note Aan nes a nicale = wince scl «sic veis Ss Penalty for cutting before 1t is miatked' or designated by NOM GHOSHOCIVECE ER LRG mei ce csc eis e clces disisicin s ates ores Penalty for removing from point designated for scaling WMIPMOM THOM SGAMPEM st =e cn s6 ola eC cinclne aes erse Penalty forstamping Government timber contrary toregu- IRENA O RY Cute ge BE oe Ra ee ee Montana law— Penalty for cutting, felling, girdling, or destroying on State TC eee yee eee han EMA er, WOE SCR LRA ER FDS 2 Pea ME cle ces es Penalty for cutting, injuring, or destroying on lands of STRVORAV2) oO ST Sa Ye ee A te a Penalty for defacing marks on logs, lumber, or wood... . -- Idaho laws— Penalty for destruction of timberlands of the State......-. Penalty for unlawfully cutting timber on State lands and shipping OUL Of.the State ss.2.22s52seessecu reas s See site. . AUS ne eee Trappers: License to trap required in Montana.........-...---.--------- License to trap required in Idaho...............-..------+---- Penalty for destroying or disturbing traps of, in Idaho....-.... Penalty for not reporting to State game warden within 10 days minencloscor seasomam Id ahOw. 23. e256 seacoast -sinewne Treason, under Federal law indictment must be found within Seed yy Oe Tae AS SOs eer 2 1 1 i dy ee ag SO Trespass (See Fire, Property, Occupancy, Grazing, Fish, Game, Timber, Animals, Birds.) Trial: SUMIEIIOOTECREG feo S gist sete sleds tse scene Sh) Se NS .. Meee reasows fOr Pramiine -:.2<12222250b2..-25-22-6- 22a Entitled to new, in district court after judgment in justice’s TUT VMP LE (0 CEPTS ONG Ka 6 | RA SU eg Page. MO sl qr or 4) we United States commissioner: a Page. PowersianG. ditiesiof.: 3-5. 4ce- see eace oe eetee 2. ee 71 May remand for trial on probable cause a person accused of a Federal offenses. <.... 54.050)... o< neces. 5 so 2e 3 eee eee 71 Has no power to:punish for contempt; - ~~ -.2.----. ste 71 Has no power toimpose a penalty.-.. 02.2. 2. ee eee 71 May issue warrants and Subpoenas. onc .-cienje 246 2 4-4- Sees 71 Forest officers may serve warrants in certain cases..........--. 72 May hold witnesses to testify before a United States district COUN. ...fe ons ae bs ome ast Sorckise eBaetltigs anes eee eee 73 Subpoena of, can not be legally served by forest employee... -. 73 May take recognizance for the appearance of accused and wit- TIOSSOS,- wse.c.ojsis le Tope Wieie inice ciel Seis < areenpe te eee 71,73 Can not require ihe attendance of a witness residing outside of the district without an order from the district court.......-- 75 Arraimnment of accused before. ..22. 2. - -2aeeese ssa eee 73 Must give accused sufficient time to obtain counsel.-.......-..-. 73 Must hold preliminary hearing unless waived by accused..... 73 Writs.of, in generals yc 2j..0 56 baje oc: aic)- ee ieee eee eee 75 May continue preliminary hearing from day to day for good (C121) Cae ~EESAAE s 73 In general not authorized to issue search watrants.....-..-..-- 73 Can not require the attendance of more than four witnesses at expense of Department of Justice, without special order of the United States. district court..........-....-2seeeeeses 73 May approve mileage and fees of witnesses who appear volun- GATUY 2 ot occ ee cade niece cea ecice dda eee ee 73 Forms inusesDyesshs 7S smad vaidele seep eed eee eee eee eee 91, 95,97, 100 District attorney may file information when offense is not in- PAAMOUS 220 kc nae essa eee eae gine ath bi: iene eee a ee 75 Vis Verdict: Must be delivered to court publicly.......- OPO. Gace a 85 In misdemeanors, number ofa jury required for a legal.....-.-- 81,89 Voucher: Penalty for presentation of false, fictitious, or fraudulent...... 18 Ww. Warden, (See Fish, Fire, Game.) Warrant: Of arrest— Bederaltorms. - 2... 52/565. 6. See eee eee 93 Montana forms..=.... 2.02. s2.5.2062255 52-2 eee 95 Idaho forms... .................- ssp ae 94 Who may execute... ..<.)2 255 090014 eee oe eee au We Search— Pederaliorms.......6.022.02% snes se eee slut ts Bete 95 Montana forms: : 220.4... 22.00-8-. oo dene Stdek (ate 96 _ Warrant—Continued. Search—Continned. P$ge. Hed OUIA Samael saat cee nails si cieiais c'se5s)o fuisis\so ensue neers 96 Grounds for issuance in Montana in general.............. 85 Grounds for issuance in Montana under game laws....... 86 Washington, criminal procedure in justices’ courts similar to RIS Mite Roe sia bie ein altos \acjc e's wncukaaceene see 90 Water: Penalty for pollution of, in Montana by depositing sewage MCRL Meer ey tees oe reteinocine tS ccicbeice se cae wt cieibaaeciahers 23, 32,36 Penalty for pollution of, in Montana by sawdust or other debris. 23 Watershed: Penalty in Montana for violation of the regulations of the State BMcounty DOATd OF NCalth: | os. s ccs seen c secawscs ace~e- 36 Penalty for putting the offal of dead or slaughtered animals RE) Oe eee ieee aia ltaa Sein est Bin cine sso Siew Sieeieie/d siniee Caleaec ec 32 Penalty for violation of Regulation T-4 of the Secretary of PEPPERONI EITE FOIA VOUS cc een mnccicctsecdenscsiscassscccsaes 16 Weapons, penalty in Montana, for carrying concealed, exceptions. 36 Witnesses: Federallaw, penalty for conspiring to intimidate............. 19 Montana laws— Penalty for preventing attendance of, at a trial, ete....... 36 Fees for attendance before United States commissioners. . 70,73 Number that can be required to attend before United SEE TUES: Oe C2 OS eae 73 Limit in Idaho as to number that may be subpcenaed........ 90 Siaineations Of,/in Montana. :....cc.2.ces-.c.ce0dsesel Sees 82 Penalty for disobeying subpoena in Montana................. 83. Heesifor attendance in justices’ courts....................06-- 83 a a UN SE ee a er 44 Wood duck, penalty for killing in Montana....................--- 28 Writs. (See Complaint, Warrant, Subpcena, Commitment, etc.) ¥. Yellow legs. (See Federallaw on migratory birds.) ........-.....- 11,44 O eye oer eee ie jc hteenyoat te f ria} nihil ARk hyo, “i arte tread snd te lintite: nine bitin it int. ALND te) tat ey \ CA od we 0H sa = oh ade . P 6 aelnagp da oe Rey >. 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