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 LIBRARY OF CONGRESS 
 
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 ame Law 
 
 of Missouri 
 
 AS AMENDED 
 
 BY THE 
 
 46th General Assembly 
 
 
 COMPLIMENTS OF 
 
 JESSE A. TOLERTON 
 
 STATE GAME AND FISH 
 COMMISSIONER 
 
 JEFFERSON CITY, MO. 
 
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 ame Law of Missouri 
 
 ARTICLE II— PRESERVATION OF FISH AND 
 GAME. 
 
 SECTION 
 
 650S. Title to birds, fish and game in state. 
 
 6509. Killing and transporting prohibited — game birds 
 
 defined. 
 
 6.510. Nests and eggs not to be destroyed. 
 
 6511. Penalty. 
 
 6512. Three preceding sections not to apply, when. 
 
 6513. Certificates to be granted by game warden, when. 
 
 6514. Expiration of certificates. 
 
 6515. Certain birds not protected. 
 
 6516. Periods certain birds may be killed — penalty. 
 
 6517. Killing certain birds prohibited — penalty. 
 
 651S. Aquatic birds not to be pursued, how — blinds pro- 
 hibited — penalty — exception. 
 
 6519. Devices, poisons, etc., prohibited — penalty. 
 
 6520. Regulating killing of deer — penalty. 
 
 6521. Regulating killing of squirrel, etc. — penalty. 
 
 6522. Right to kill — numbfer — retain, what length of 
 
 time. 
 
 6523. Consignee to notify warden, when — penalty. 
 
 6524. Game in close season — penalty. 
 
 6525. Selling prohibited — penalty. 
 
 6526. Cost of arrest, how taxed. 
 
 6527. Liable for attempt — accessories liable. 
 652S. Uefinition of terms — sufficiency of indictment. 
 
 6529. Warrant, how served on corporation. 
 
 6530. Imprisonment for failure to pay fine. 
 
 6531. Liable for Vfildfire — penalty. 
 
 6532. Failure of officer to perform duty — penalty. 
 
 6533. Limitation of prosecution. 
 653 4. Printing. 
 
 6535. Obstructing free passage of flsh^penalty. 
 
 6536. Contamination of streams — penalty. 
 
 6537. Explosives prohibited — penalty. 
 
 653S. Poison and explosives not to be used to kill fish. 
 
 6539. Permit to keep explosives. 
 
 6540. AflSdavit of persons keeping explosives. 
 65 41. Permits, form of — to be registered. 
 
 6542. Affidavit of person purchasing explosives. 
 
 6543. Possession of explosives a misdemeanor, when. 
 65 44. Permits to be delivered — fees. 
 
 6545. Officers to enforce law — sections to be given in 
 
 charge to grand juries. 
 
 6546. Violation of law a felony — penalty. 
 
 6547. Disposition of fines recovered. 
 
 654S. LTse of nets or seines prohibited — penalty. 
 
 6 5 49. Fishing near ladder or under ice prohibited — 
 penalty. 
 
 6550. Sale of certain fish prohibited. 
 
 6551. Pearl fishing prohibited — what seasons. 
 
.SECTION 
 »!o52. Owner of mill dams — duty to make flsh chute. 
 
 6553. Game commissioner to prepare plan for fish chute. 
 
 6554. Game commissioner to inspect dams. 
 
 6555. Penalty for dam owner for failure to construct 
 
 chute. 
 
 6556. Corporation owning dam — who liable. 
 
 6557. Governor to appoint game and fish commissioner — 
 
 salary. 
 655S. Game commissioner shall file statement, with 
 whom. 
 
 6559. Game commissioner shall give bond. 
 
 6560. Game commissioner shall keep a seal. 
 
 6561. Game commissioner shall make report to governor 
 
 — when — what. 
 
 6562. Duties of game commissioner. 
 
 6563. Certain articles forfeited to state. 
 
 6564. Game commissioner may examine packages — pen- 
 
 alty for refusal to allow examination. 
 
 6565. Commissioner may serve warrants — may arrest 
 
 witliout warrant, when. 
 
 6566. Commissioner may appoint deputies — compensa- 
 
 tion. 
 
 6567. Commissioner to publish and distribute laws re- 
 
 lating to game. 
 656S. Commissioner may issue permits, when — to whom. 
 
 6569. Taxidermy — who shall engage in. 
 
 6570. Commissioner may transmit specimens to other 
 
 state wardens, when. 
 S571. May remove fish, when. 
 
 6572. Permits to be issued, when — fee. 
 
 6573. Certain officers deputy wardens. 
 
 6574. License to hunt. 
 
 6575. License to nonresidents, how procured — must lieep 
 
 record — license to residents, how procured. 
 
 6576. Application of nonresidents must contain what — 
 
 fee. 
 
 657 7. Resident license, by whom issued — record kept — 
 clerk's fee — monthly remittance and report — 
 penalty. 
 
 657S. Resident or state license, good where — qualifica- 
 tions of applicant — fee — proviso. 
 
 6579. Duties of license collector St. Louis city same as 
 county clerk. 
 
 65S0. License may be inspected, by whom — penalty for 
 refusal. 
 
 6581. Penalty for liunting without license. 
 
 6582. Penalty for fraudulently procuring license. 
 
 6583. Licenses distinguishable in color — distribvition of 
 
 — annual return and report. 
 
 6584. Schedule of game and open dates on back of 
 
 license — licensee shall report to commissioner. 
 C5S5. "Game protection fund," availability and restric- 
 tions. 
 
 6586. Trials, duty to report fines. 
 
 6587. Penalties collected, liow disix)sed of. 
 
 6588. State treasurer to make monthly report to com- 
 
 missioner. 
 
SECTION 
 
 6589. Shipping, owner to accompany game — penalty. 
 
 6590. Transportation company must inquire for license 
 
 before shipping. 
 
 6591. Deer or elk may be shipped, when. 
 4S93a. Trespass. 
 
 Sec. 6508. Title to birds, fish and game in state. 
 
 The ownership of and title to all birds, fish and 
 game, whether resident, migratory or imported, in 
 the state of Missottri, not now held by private 
 ownership, legally acquired, is hereby declared to 
 be in the state, and no fish, birds or game shall be 
 caught, taken or killed in any manner or at any time, 
 or had in possession, except the person so catching, 
 taking, killing or having in possession shall consent 
 that the title of said birds, fish and game shall be 
 and remain in the state of Missouri, for the purpose 
 of regulating and controlling the use and disposition 
 of the same after such catching, taking or killing. 
 The catching, taking, killing or having in possession 
 of birds, fish or game at any tirrie, or in any manner, 
 by any person, shall be deemed a consent of said 
 person that the title of the state shall be and 
 remain in the state, for the purpose of regulating 
 the use and disposition of the same, and said pos- 
 session shall be consent to such title in the state. 
 (Laws 1909, p. 519.) 
 
 Tlie absolute ownership of wild game is ve.sted in the 
 people of the state. The legislature may make any restric- 
 tions it may deem proper, or prohibit the killing of game 
 entirely. State v. Heger, 194 Mo. 707 ; State v. Weber, 
 205 Mo. 36. For a history of legislation on fish and game, 
 and as to disposition of fines and penalties, see State ex 
 rel. V. Warner, 197 Mo. 650. This statute includes fish 
 artificially propagated and game raised in captivity. 
 State V. Weber, 205 Mo. 36. But Sec. 6591 excepts ship- 
 ment of elk and deer from private preserves. 
 
 Sec. 6509. Killing and transporting prohibited — 
 game birds defined. — Xo person shall, within the 
 state of Missouri, kill or catch, or haVe in his pos- 
 session, living or dead, any wild bird other than a 
 game bird, or purchase, offer or expose for sale, 
 transport or ship, within or without the state, anj^ 
 such wild bird after it has been killed or caught, ex- 
 cept as permitted by this article. No part of the 
 plumage, skin or body of any bird protected by this 
 section shall be sold or had in possession for sale, 
 irrespective of whether said bird was captured or 
 killed within or without the state. For the purpose 
 
of this article the following only shall be considered 
 game birds: The anatidae, commonly known as 
 swans, geese, brant, and river and sea ducks; the 
 rallidae, commonly known as rails, coots, mud-hens 
 and gallinules; the limicolae, commonly known as 
 shore birds, plovers, surf-birds, snipe, woodcock, 
 sandpipers, tattlers and curlews; the gallinae, com- 
 monly known as wild turkeys, grouse, prairie chick- 
 ens, pheasants, partridges and quails; the columbae, 
 commonly known as doves and pigeons; all other 
 species of birds, either resident, migratory or im- 
 ported, shall be considered non-game birds. X'oth- 
 ing in this article shall be construed to prevent the 
 possession and sale of live canaries and parrots. 
 (Laws 1909, p. 519.) 
 
 Sec. 6510. Nests and eggs not to be destroyed. 
 No person shall, within the state of Missouri, take 
 or needlessly destroy the nest or the eggs of any 
 wild bird, nor shall have such nest or eggs in pos- 
 session except as permitted bj^ this article. (Laws 
 1909, p. S19.) 
 
 Sec. 651 1. Penalty. — Any person who violates 
 any of the provisions of sections 6509 or 6510 shall 
 be guilty of a misdemeanor, and shall be liable to ♦ 
 a fine of twenty-five dollars for each ofifense, and an 
 additional fine of five dollars for each bird, living or 
 dead, or part of bird, or nest or egg possessed in . 
 violation of this article. (Laws 1909, p. 519.) 
 
 Sec. 6512. Three preceding sections not to ap- 
 ply, when. — Sections 6509, 6510 and 6511. of this 
 article shall not apply to any person holding a cer- 
 tificate giving the right to take birds and their nests 
 and eggs for scientific purposes, as provided for in 
 section 6513. (Laws 1909. p. 519.) 
 
 Sec. 6513. Certificates to be granted by game 
 commissioner, when. — Certificates may be granted 
 by the state' game and fish commissioner to anj' 
 properly accredited person of the age of fifteen 
 years or upwards, permitting the holder thereof to 
 collect birds, their nests or eggs, for stricty scientific 
 purposes only. In order to obtain such certificates, 
 the applicant for the same must present to the state 
 game and fish commissioner written testimonials 
 from two well known ornithologists, certifying to 
 the good character and fitness of said applicant to 
 be intrusted with such privilege; must pay to the 
 
state game and fish commissioner two dollars to de- 
 fray the necessary expenses attending the granting 
 of such certificate. Certificates will become void 
 upon proof that the holder of such certificate has 
 killed any bird, or taken the nest of eggs of any 
 kind, for other than the purposes named in sections 
 6512 and 6513 of this article, and the holder shall be 
 further subject for each ofifense to the penalties pro- 
 vided therefor in section 65 11 of this article. (Laws 
 1909, p. S19.) 
 
 Sec. 6514. Expiration of certificates. — The cer- 
 tificates authorized by section 6513 shall e.xpire on 
 the 31st day of December of the year issued, and 
 shall not be transferable. (Laws 1909, p. 519.) 
 
 Sec, 6515. Certain birds not protected. — The 
 English or European house sparrow, goshawk. 
 Cooper's hawk, sharp shinned hawk, great horned 
 owl, crow and crow blackbird (Bronzed Crackle), 
 are not included among the birds protected by this 
 article. (Laws 1909, p. 519.) 
 
 Sec. 6516. Periods certain birds may be killed — 
 penalty. — No person shall take, capture or kill, by 
 any means whatever, any game birds except the 
 following named game birds between the following 
 dates: Wild turkey, November ist to December 31st 
 of each year; quail (bobwhite, partridge), from No- 
 vember 1st to December 31st of each year; ducks, 
 geese and brant, January ist to April 30th and Sep- 
 tember iSth to December 31st of each year; snipe, 
 January ist to April 30th and September 15th to 
 December 31st of each year; plover, September ist 
 to December 31st of each year; doves, September 
 1st to December 31st of each year. Any one who 
 shall violate any of the provisions of this section 
 shall, upon conviction thereof, be punished by a 
 fine of not less than twenty-five dollars nor more 
 than fifty dollars for each offense, and an additional 
 fine of five dollars for each bird injured, killed or 
 possessed. (Laws 1909, p. 519.) 
 
 Sec. 6517. Killing certain birds prohibited — 
 penalty. — Any person who shall take, capture or 
 kill, except under permit, any woodcock, pinnated 
 grouse (prairie chicken), ruffed grouse (pheasant), 
 Mongolian, Chinese or English pheasant, or other 
 resident, migratory or imported game bird except as 
 provided in section 6516, shall he punished by a fine 
 
8 
 
 of not less than twenty-five dollars nor niore than 
 fifty dollars for each ofifense, and an additional fine 
 of five dollars for each bird captured, killed or pos- 
 sessed. (Laws 1909, p. 519.) 
 
 Sec. 6518. Aquatic birds not to be pursued, how 
 — blinds prohibited — penalty — exception. — Any per- 
 son who, in the pursuit of any wild duck, goose, 
 brant, or other aquatic bird, upon the waters of this 
 state, shall use anj^ sneak boat, or any sail boat, or 
 boat propelled by steam, naphtha, electric or other 
 engine or machinery, or any battery, swivel gun or 
 punt gun, or who shall kill or attempt to kill or 
 pursue, while occupying or using any such boat, any 
 wild geese, duck, brant, or other aquatic bird, or 
 who shall construct or use, for the purpose of hunt- 
 ing, upon the ice, any fixed or artificial blind or 
 ambush, shall be punished by a fine of not less than 
 ten dollars nor more than fifty dollars: Provided, 
 hozvezrr, that it shall be lawful to shoot aquatic birds 
 on the Missouri and IMississippi rivers from motor 
 boats. (Laws 1909, p. 519.) 
 
 Sec. 6519. Devices, poisons, etc., prohibited — 
 penalty. — Xo person shall at any time make use of 
 any pit, pitfall, deadfall, scafifold, cage, snare, trap, 
 net, salt lick, baited hook, or any other similar de- 
 vice, or any drug, poison, chemical or explosive, for 
 the purpose of injuring, capturing or killing any 
 birds or animals protected by the laws of this state, 
 except as otherwise provided. No person shall pur- 
 sue, catch, take or kill any birds, deer, wild turkey, 
 wild ducks, wild geese, brant, or other aquatic bird 
 or fowl, between sunset and the following sunrise. 
 Any person violating any provision of this section 
 shall be punished by a fine of not less than twenty- 
 five dollars nor more than one hundred dollars, 
 (Laws 1909, p. 519.) 
 
 Sec. 6520. Regulating killing of deer — penalty. 
 It is hereby declared unlawful to kill or attempt to 
 kill any deer in the state of Missouri under one year 
 of age. It is further declared unlawful to kill any 
 deer of any age between the first day of January 
 and the first daj' of November of each year, and for 
 the purpose of preventing the extinction of the 
 species it is hereby declared unlawful to kill any doe. 
 It is further declared unlawful to make use of any 
 artificial .light in hunting or killing deer; and the 
 
wearing or having such light on the head shall be 
 prima facie evidence of the violation of this section. 
 It is also declared unlawful for any person to 
 wound, kill or capture any deer in the waters of the 
 streams, ponds or lake's within the jurisdiction of 
 this state, or to have in possession or transport at 
 any time the carcass of any deer, or any portion of 
 such carcass, unless the same has thereon the nat- 
 ural evidence of its sex. Any person violating the 
 provisions. of this section shall be punished by a fine 
 of not less than twenty-five dollars nor more than 
 one hundred dollars. (Laws 1909, p. 519.) 
 
 Deer raised in captivity were held to be included in 
 tlie corresponding section of tlie Laws of 1905, p. 15S. 
 State v. Weber, 205 Mo. 36. See, also, Sec. 6591. 
 
 Sec. 6521. Regulating killing of squirrel, etc. — 
 penalty. — No person shall pursue, injure, capture, 
 kill or destroy any gray squirrel, fox squirrel 
 (American squirrel) or black squirrel only from July 
 1st to December 21st. both inclusive; nor shall any 
 person pursue, injure, capture, kill or destroy any 
 such squirrels at any time in any public or private 
 park. No person shall ca*ch, take or kill, or attempt 
 to catch, take or kill, any otter, beaver or muskrat, 
 between the first day of April and the first day of 
 November: Provided, that any person may protect 
 his premises from the ravages and depredation of 
 animals named in this section at any time and in 
 any way. Any person who shall violate any of the 
 provisions of this section shall be punished by a fine 
 of not less than five dollars nor more than twenty- 
 five dollars. (Laws 1909, p. 519.) 
 
 Sec. 6522. Right to kfll — number — retain, what 
 length of time — penalty. — The right given bj^ this 
 article to take or kill deer or birds, or to have in 
 possession, unless otherwise specified, is limited to 
 food purposes and to one deer, two turkeys and 
 twenty-five birds of any other family for each person 
 in any one calendar day, and no person shall take, 
 kill or have in possession at any one time more than 
 two deer, four turkeys and fifty birds of any other 
 family. No birds, game or fish, protected by this 
 article, shall be held in possession by any persen for 
 more than five days after the close of the season 
 for killing the same. Any person violating any of 
 the provisions of this section shall be deemed guilty 
 of a misdemeanor, and, upon conviction thereof, 
 GL— 2 
 
shall be fined not less than twenty-five dollars nor 
 more than fifty dollars. (Laws 1909, p. 519.) 
 
 Sec. 6523. Consignee to notify commissioner, 
 when — penalty. — Any persons, firm or corporation, 
 to whom is consigned any birds, game or lish, the 
 killing, sale or possession of which is at any time or 
 at all times prohibited, shall, upon receipt of same, 
 immediately notify the state game and fish commis- 
 sioner, or any of his deputies, and safely keep such 
 game, birds or fish in his possession or under con- 
 trol, subject to the order of said game commissioner. 
 Any person violating" any of the provisions of this 
 section shall be deemed guilty of a misdemeanor, 
 and, upon conviction, shall be fined not less than 
 twenty-five dollars nor more than fifty dollars. 
 (Laws 1909, p. 519.) 
 
 Sec. 6524. Game in close season — penalty. — Any 
 person who shall have in his possession or under 
 his control any variety of fish, game or birds during 
 the close season prescribed by law therefor, or any 
 carcass or flesh thereof, except for scientific or prop- 
 agating purposes, shall be punished by a fine of not 
 less than fifty dollars nor more than one hundred 
 dollars. (Laws 1909, p. 519.) 
 
 Sec. 6525. Selling prohibited — penalty. — Any 
 person, firm or corporation who shall at anj' time 
 of the year barter, sell, or offer for sale, in this state, 
 either under the name used in this article or under 
 any other name or guise whatever, any animals or 
 birds protected in this article, whether taken within 
 or without this state, or lawfullj^ or unlawfully 
 taken, shall be punished by a fine of not less than 
 fifty dollars nor more than one hundred dollars, 
 and an additional fine of five dollars for every bird 
 or animal or part of every bird or animal sold or 
 offered for sale. (Laws 1909, p. 519.) 
 
 The provisions of this section are constitutional, and 
 do not interfere with interstate commerce regulations. 
 State V. Heger, 194 Mo. 707; State v. Weber. 20.5 Mo. a6. 
 
 Sec. 6526. Cost of arrest, how taxed. — When an 
 arrest for a violation of this article is made by any 
 commissioner and the defendant is convicted, there 
 shall be taxed as costs in favor of such commissioner 
 making the arrest the same fees as a constable is 
 entitled to in a case of misdemeanor, and, if col- 
 lected from the defendant, shall be paid over to such 
 
a cnmniissiuncr, and shall be Iiis personal perqui- 
 site, for which he need not account, but no fees 
 shall be allowed in case of acquittal, nor shall any 
 county or the city of St. Louis be liable for such fees 
 in any event. (Laws 1909, p. 519.) 
 
 Sec. 6527. Liable for attempt — accessories liable. 
 An}' attempt to violate any provisions of this ar- 
 ticle shall be punished to the same extent as an 
 actual violation thereof. Any such attempt, or any 
 violation by an agent, clerk, officer or employe, 
 while acting for any other person, shall render such 
 party liable also, and an accessory may in all cases 
 be prosecuted and punished as a principal. (Laws 
 1909, p. 519.) 
 
 Sec. 6528. Definition of terms — sufficiency of 
 indictment. — As used in this article, unless other- 
 wise specifically restricted or enlarged, the words 
 herein and hereof refer to the whole article; the 
 words person, owner, proprietor, grantee, lessee or 
 licensee include a firm, association, corporation or 
 municipality; the word commissioner means the 
 state game and fish commissioner or deputy com- 
 missioner provided for herein; the word officer in- 
 cludes every person authorized to enforce this ar- 
 ticle; the words close season mean that season in 
 which the birds, game or fish shall not be killed or 
 possessed, and whenever the possession, use, im- 
 portation, transportation, storage, taxidermy, sale, 
 offering or exposing for sale of fish, game or birds 
 is prohibited or restricted, the prohibition or re- 
 striction shall extend to and include every part of 
 such fish, game or bird, and a violation as to each 
 individual animal, fish or bird, or part thereof, shall 
 be a separate offense, and two or more ofiFenscs may 
 be charged in the same complaint, information or in- 
 dictment, and proof as to a part of a fish, bird or 
 animal shall be sufficient to sustain a charge as to 
 the whole of it; and violations as to any number of 
 animals, fish or birds of the same kind may be 
 charged in the same count and punished as a sepa- 
 rate offense as to each animal, bird, fish or game. 
 (Laws 1909, p. 519.) 
 
 Sec. 6529. Warrant, how served on corporation. 
 In case of a violation of this article by a corporation, 
 the warrant of arrest may be read to tiie president, 
 secretary or manager in this state, or any general 
 
or local agent thereof in the county where the ac- 
 tion is pending, and upon the return of such war- 
 rant so served, the corporation shall be deemed in 
 court and subject to the jurisdiction thereof, and 
 any fine imposed may be collected by execution 
 against the property of such corporation, but this 
 section shall not be deemed to exempt any agent 
 or employe from prosecution. (Laws 1909, p. 519.) 
 Sec. 6530. Imprisonment for failure to pay fine. 
 Whenever, upon conviction, the person convicted 
 fails to pay the fine and costs imposed upon him. 
 he shall be committed to the jail of the county, or 
 the city of St. Louis, or to some workhouse, and 
 shall there be kept confined one day for each dollar 
 of fine and costs adjudged against him, and he shall 
 not be discharged or released therefrom by any 
 board or officer, except upon payment of the por- 
 tion of the fine and costs remaining unserved, or 
 upon the order of the governor of this state. (Laws 
 1909, p. 519.) 
 
 Sec. 6531. Liable for wildfire — penalty. — No per- 
 son shall set fire to any timber or grass on land be- 
 longing to this state or to the United States, or set 
 fire to any place where it is liable to spread to such 
 timber or grass, nor abandon any camp fire unex- 
 tinguished. Any person violating any of the pro- 
 visions of this section shall be deemed guilty of a 
 misdemeanor, and, upon conviction, shall be fined 
 not less than twenty-five dollars nor more than two 
 hundred dollars. (Laws 1909, p. 519.) 
 
 Sec. 6532. Failure of officer to perform duty — 
 penalty. — Any official, officer or commissioner who 
 shall fail to perform any act, dutj' or obligation en- 
 joined upon him by the game and fish laws shall be 
 guilty of misdemeanor, and shall be punished by a 
 fine of not less than one hundred dollars nor more 
 than five hundred dollars and costs of prosecution. 
 (Laws 1909, p. 519.) 
 
 Sec. 6533. Limitation of prosecution. — Prosecu- 
 tions under this article may be commenced within 
 one year from date of violation of any provision 
 of this article, either b}' indictment, complaint or in- 
 formation. (Laws 1909, p. 519.) 
 
 Sec. 6534. Printing. — The blanks and other 
 printing necessary to carry out the provisions of 
 this article shall be printed under the direction of 
 
1.3 
 
 the commissioners of public printing in the form to 
 be prescribed by the state game and fish commis- 
 sioner, to be paid for in like manner and upon the 
 same terms as other public printing. (Laws 1909, 
 P- 519.) 
 
 Sec. 6535. Obstructing free passage of fish — 
 penalty. — It shall be unlawful for any person or per- 
 sons to place, or cause to be placed or erected, any 
 seine, screen, net, weir, lish dam or other obstruc- 
 tion in or across any of the waters, rivers, creeks, 
 ponds, streams, sloughs or other water course with- 
 in the jurisdiction of this state in such a manner as 
 will obstruct the free passage of fish up and down 
 and through such water or water courses. Any per- 
 son violating any of the provisions of this section 
 shall be deemed guilty of a misdemeanor, and be 
 fined, upon conviction, not less than fifty dollars 
 nor more than two hundred dollars, and costs of 
 prosecution. (Laws 1909, p. 519.) 
 
 See Sec. 54 S2 and note.s. 
 
 Sec. 6536. Contamination of streams — penalty. 
 It shall be unlawful for any person or persons, firm 
 or corporation to cause any dye stuff, coal tar, oil, 
 sawdust, poison or deleterious substances to be 
 thrown, run or drained into any of the waters of 
 this state in quantities sufficient to injure, stupefy 
 or kill fish which may inhabit the same at or below 
 the point where any such substances are discharged 
 or caused to fiow or be thrown into such waters: 
 Provided, that it shall not be any violation of this 
 section for any person, firm or corporation engaged 
 in any mining industry to cause any water handled 
 or used in any branch of such industry to be dis- 
 charged on the surface or land where such industry 
 or branch thereof is being carried on. Any person 
 or persons, firm or corporation offending against 
 ai>y of the provisions of this section shall be deemed 
 guilty of a misdemeanor, and, upon conviction, shall 
 be fined not less than two hundred dollars nor more 
 than five hundred dollars for each offense. (Laws 
 1909, p. 519.) 
 
 See State v. Light etc. Co., 212 Mo. 101, holding that 
 a section with the provisions contained in tliis section 
 would be valid. 
 
 Sec. 6537. Explosives prohibited — penalty. — The 
 
 use of dynamite or explosives in any of the waters 
 of this state is prohibited except by the special per- 
 
14 
 
 mission and under the supervision of the state game 
 and fish commissioner, and then only for mining or 
 mechanical purposes, or to recover the bodies of 
 persons. Any person, firm or corporation ofifending 
 against any of the provisions of this section shall be 
 deemed guilty of a misdemeanor, and, upon con- 
 viction, shall be fined not less than fwa hundred 
 dollars nor more than one thousand dollars for each 
 ofifense. (Laws 1909, p. 519.) 
 
 See Sec. 65 3 8 and notes. 
 
 Sec. 6538. Poison and explosives not to be used 
 to kill fish. — No person shall place or use in anj^ of 
 the waters of this state any medicated drug, any 
 cocculus indicus, or fish berry, or any other poison- 
 ous thing or substance, calculated to poison, kill or 
 injure any fish, nor shall by such means kill, catch 
 or take any fish that may be in said waters, and no 
 person shall place any dynamite, giant powder, 
 nitroglycerine or any explosive substance of which 
 nitroglycerine composes a part, or any other ex- 
 plosive substance or preparation, in any of the 
 waters of the state, whereby any llsh that may be in 
 said waters may be killed, injured or destroyed, 
 and no person shall by such means kill, catclv or 
 take any fish from said waters. (R. S. 1899, § 7456.) 
 
 This section and Sec. 6546 were not repealed by Sec. 
 29, Laws 1905, p. 158, wliich was the same as Sec. 6537. 
 They define different offenses with different punishments, 
 and both are valid. State v. Hodges, 214 Mo. 376. See, 
 al.so, State v. Light etc. Co., 212 Mo. 101 ; State v. Hodges, 
 207 Mo. 517. 
 
 Sec. 6539. Permit to keep explosives. — No per- 
 son, corporation or joint-stock company shall have, 
 retain or keep in his possession or under his or its 
 control, nor sell, give away or in any manner or 
 way dispose of dynamite, giant powder, nitroglyc- 
 erine or any explosive substance of which nitro- 
 glycerine composes a part, or any other explosive 
 substance, except gunpowder and blasting powder 
 for ordinary purposes, without first obtaining a 
 permit authorizing the same from the clerk of the 
 county court, or mayor of the city of St. Louis, in 
 whichever county or city such applicant may de- 
 sire to do such business, nor without first making 
 and delivering the affidavit required by the next 
 succeeding section of this article. ( R. S. 1899, § 
 7457.) 
 
15 
 
 Sec. 6540. Affidavit of persons keeping explo- 
 sives. — Any person, corporation or joint-stock com- 
 pany desiring to continue in or engage in the deal- 
 ing or sale of any of the articles mentioned in the 
 foregoing section, shall make the following affidavit 
 before some officer authorized to administer oaths, 
 to wit: 
 
 "(A B), desiring to deal in (here name the articles or 
 part of them described in the foregoing section), do sol- 
 emnly swear that I will not use the same unlawfully, nor 
 use it or any part thereof in catching or killing fish, nor 
 permit any one in my employ so to do, if in my power to 
 prevent it; that I will not sell, give away or in any way 
 dispose of anj- of said articles, or part thereof, to any 
 person until he or they shall deliver to me the affidavit 
 I'equired to be made by purchasers as provided for by 
 sections 6538 to 6547, Revised Statutes, 1909; which affi- 
 davit of such purchaser I will file with the clerk of the 
 
 county court of county (or with the mayor of the city 
 
 of St. Louis), as required !)>■ said sections." 
 
 (R. S. 1899, § 745S.) 
 
 Sec. 6541. Permits, form of — to be registered. 
 
 Any person desiring a permit to deal in any of the 
 explosive articles described in this article may pre- 
 sent to and file with the clerk of the county court 
 of the county in which he desires to do such busi- 
 ness, or if he desires to do such business in the city 
 of St. Louis, then to the mayor thereof, an affidavit 
 as required by the foregoing section, whereupon 
 such clerk, or mayor, shall issue a permit to such 
 person, or to his agent for him, in the words or to 
 the eft'ect following: 
 
 "State of , county of (or city of St. Loui.s). 
 
 A B of , Missouri, is hereby permitted to deal in 
 
 explosives at county, Missouri. AVitness my hand 
 
 and setil, ftc. , date, etc." 
 
 Such mayor or clerk shall keep a book in which 
 shall be recorded a memorandum of all permits 
 granted under this article, and of all affidavits filed 
 with them under the provisions thereof, and shall 
 also carefully preserve all such affidavits, free to 
 the inspection of all citizens of this state: Provided, 
 such affidavit required of corporations or joint-stock 
 companies may be made and filed by any agent or 
 officer thereof. (R. S. 1899, § 7459.) 
 
 Sec. 6542. Affidavit of person purchasing ex- 
 plosives. — Any person, corporation or joint-stock 
 company desiring to procure for their own use any 
 of the explosives described in this article, shall make 
 an affidavit and deliver it to any one authorized 
 
i6 
 
 under this article to deal in such articles, which afifi- 
 davit shall be in the following form or to the effect 
 following, to wit: 
 
 "I (CD), desiring to procure from tlie follow- 
 ing explosives, , to be used for lawful purposes, do 
 
 solemnly swear that I will not use them, or any part 
 thereof, for unlawful purposes, nor In catching nor killing 
 fish in any of the waters of this state, nor permit them to 
 be so used by others, if in my power to prevent it; that I 
 will not sell or give away any of said articles, or permit 
 any of said explosives to go from under my control to any 
 other person." 
 
 trovidcd, that such affidavit may be made by any 
 agent of any corporation or joint-stock company, 
 or officer thereof, in order to procure for its lawful 
 use any of such articles; and such dealer selling or 
 disposing of such articles shall, within five days, file 
 such affidavit so delivered to him with the county 
 clerk, or the mayor of St. Louis, if the purchase is 
 made in that city. (R. S. 1899, § 7460.) 
 
 Sec. 6543. Possession of explosives a misde- 
 meanor, when. — Any person, corporation or joint- 
 stock company not having obtained a permit as re- 
 quired by this article, and all persons, corporaticjns 
 or joint-stock companies not having made and de- 
 livered the affidavit rec|uircd by this article, who 
 shall have in their possession or under their control 
 any of the explosive articles named in this article,' 
 or who shall fail to file the affidavit required of 
 purchasers of them, as required by this article, shall 
 be deemed guilty of a misdemeanor, and on convic- 
 tion, punished by a fine of not less than fifty dollars. 
 (R. S. 1899, § 7461.) 
 
 Sec. 6544. Permits to be delivered — fees. — Tt 
 shall be the duty of the county clerks, and 'of the 
 mayor of the city of St. Louis, to deliver to all per- 
 sons permits who shall comply with the provisions 
 of this article, and for the preparation of and attes- 
 tation to affidavits and executing permits may 
 charge and receive twenty-five cents each from the 
 person to whom issued. (R. S. 1S99, § 7462.) 
 
 Sec. 6545. Officers to enforce law — sections to 
 be given in charge to grand juries. — It shall be the 
 duty of all sheriffs and their deputies, constables 
 and their deputies, and all prosecuting attorneys and 
 their assistants, within their respective counties, and 
 the city of St. Louis, to diligently aid in enforcing 
 the provisions of all laws in relation to the protec- 
 
 m 
 
17 
 
 tion and preservation of fish in the waters of this 
 state, and sections 6538 to 6547 of this article shall 
 be given in special charge to the grand juries, by 
 all courts having criminal jurisdiction, by indictment. 
 (R. S. 1899, § 7463.) 
 
 Sec. 6546. Violation of law a felony — penalty. 
 Any person who shall violate any of the provisions 
 of sections 6538 to 6545, inclusive, or fail to truth- 
 fully observe the provisions and requirements of 
 any affidavit made by him, under the provisions of 
 said sections shall, on conviction, be adjudged guilty 
 of a felony, and punished by imprisonment in the 
 penitentiary for a term not exceeding two years, 
 or by imprisonment in the county jail n,ot less than 
 thirty days, or by line not less than one hundred 
 dollars, or by both such fine and imprisonment. (R. 
 S. 1899, § 7464.) 
 
 Sec. 6547. Disposition of fines recovered. — One- 
 half of all fines collected upon convictions under 
 the provisions of sections 6538 to 6545, inclusive, 
 shall be paid to the informer or prosecutor, and the 
 other half paid into the county school fund, and all 
 officers, their deputies and assistants, required by 
 said sections to aid in their enforcement shall be 
 considered informers and prosecutors in all cases 
 where they shall originate prosecutions for any vio- 
 lations of the provisions of said sections. (R. S. 
 1899, § 7465-) 
 
 Sec. 6548. Use of nets and seines prohibited — 
 penalty. — It shall be unlawful for any person or per- 
 sons to take, catch or kill any fish in any of the waters 
 of this state by means of any seine, trammel net, gill 
 net, fish trap or any other kind of net, trap, device 
 or means other than by ordinary hook and line, gig 
 spear and trotline; Provided, it shall be unlawful 
 for any person to take, catch or kill more than fifty 
 pounds of fish in any one day, with gig or spear, 
 excepting in the Missouri or Mississippi rivers. This 
 law shall not apply to ponds or reservoirs wholly 
 on the premises belonging to any person using such 
 devices. It shall also be unlawful for any person 
 or persons to take, catch or kill any fish in any of 
 the waters of this state by any means whatever dur- 
 ing the month of May, except by ordinary hook and 
 line or trotline. Seining shall be lawful and allowed 
 in the Mississippi and Missouri rivers, but not with- 
 in three hundred yards of the mouth of any stream 
 GL— 3 
 
i8 
 
 emptying into said rivers, during the months of 
 January, February, March, July, August, September, 
 October, November and December with seines, the 
 meshes of which shall not be less than two inches 
 square. Any person may use a small seine, not more 
 than 20 feet in length and four feet in width, known 
 as a minnow seine, for catching minnows to be used 
 for bait only. Any person offending against the pro- 
 visions of this section shall be guilty of a misde- 
 meanor, and shall be subject to a fine of not less 
 than fifty ($50.00) dollars nor more than two hun- 
 dred ($200.00) dollars: Provided, the provisions of 
 this article shall not apply to the netting, seining, 
 or catching in any manner or the selling, buying or 
 shipping of any fish of any description by a bona 
 fide resident of this state whenever any such fish, 
 so bought, sold or shipped, shall have been caught 
 out of any pond or slough, which are of only tem- 
 porary formation in their nature and caused wholly 
 from overflowed waters. Provided, further, that any 
 person or persons owning land along any unnaviga- 
 ble stream, or by permission from said landowner, 
 in this state, may take fish from such stream during 
 the months of July, August and September, for his 
 or their own consumption or table use, with com- 
 mon two-inch mesh net seine: Provided, it shall be 
 a misdemeanor to offer for sale fish so taken. (New 
 section.) 
 
 Approved March 27, 191 1. 
 
 Sec. 6549. Fishing near ladder or under ice pro- 
 hibited — penalty. — Tt is hereby declared unlawful to 
 catch, take or kill any fish in any manner in the 
 waters of this state within a distance of two hun- 
 dred feet on cither side of any fish way or fish ladder 
 erected or maintained in compliance with the laws 
 of the state, or to take, catch or kill any fish in any 
 manner in any water of this state upon the surface 
 of which ice is frozen. Any person violating the 
 provisions of this section shall, upon conviction, be 
 fined not less than ten dollars nor more than fifty 
 dollars. (I.aws 1909, p. 519.) 
 
 Sec. 6550. Sale of certain fish prohibited. — It 
 shall be unlawful to sell or offer for sale any of the 
 following named fishes mentioned below which are 
 less than the length specified for each: Trout, 
 eight inches; pike, eleven inches; jack salmon, eleven 
 inches; crappie, eight inches; bass, eleven inches. 
 
19 
 
 Said fish to be measured from end of nose to fork 
 of tail. (Laws 1909, p. 519.) 
 
 Sec. 6551. Pearl fishing prohibited — what sea- 
 sons. — It is hereby declared unlawful for any person 
 to engage in what is commonly known as "pearl 
 fishing" in any of the waters of this state at any 
 time during the months of March, April, May and 
 June. Any person violating the provisions of this 
 section shall be guilty of a misdemeanor, and, upon 
 conviction, shall be fined not less than twenty-five 
 dollars nor more than one hundred dollars for each 
 offense. (Laws 1909, p. 519.) 
 
 Sec. 6552. Owner of mill dams — duty to make 
 fish chute. — It shall be the duty of the owners or 
 occupants of any dam across any stream in this 
 state, and the owner or occupant of any dam here- 
 after constructed across any stream in this state, or 
 the owner, occupant, firm, corporation, company, 
 persons using such dam or dams, or enjoying the 
 use of the same for any manufacturing purposes 
 whatever, or for the purpose of furnishing water to 
 propel any machinery, to cause to be erected in such 
 dam or dams such permanent chutes or fish ladders, 
 and of such construction and material as shall be 
 prescribed by the state game and fish commissioner 
 of this state, such chutes or fish ladders to be com- 
 pleted and placed in all dams in existence at the date 
 of the passage of this article on or before the first 
 day of November, 1909, and all dams hereafter built 
 shall be constructed with such chutes or fish ladders 
 at the time of building of said dams. All such chutes 
 or fish ladders shall be maintained and kept in good 
 repair by the owners or occupants of such dam or 
 dams or by the person using the water thereof, as 
 aforesaid, during the whole time of the existence of 
 said dam or dams; and they shall keep said chutes 
 and fish ladders open for the free passage of fish 
 during all the months of March, April, May and 
 June of each year: Provided, that on all streams, 
 where there is not a surplus of water for all legiti- 
 mate purposes of the dam owner during the months 
 of March, April, May and June, the said owner 
 shall only be required to keep such chute open when 
 there is waste water and to cause such waste water 
 to pass through such chute suflficient to furnish free 
 passage for fish up such stream. (Laws 1909, p. 
 519.) 
 
Fish Ladder, or Chute, With Specifications 
 
 jis Adopted for Use in Missouri Streams by Jesse A. tolerton^ 
 State Game and Fish Commissioner, 
 
 CRIB OR BULKHEAD. 
 
 Construct of white oak, cypress, pine or other durable wood, 
 2x12 "joist stuff." Mitre and bolt the corners thoroughly in 
 order to resist the drift which might float down and strike bulk- 
 head. Bolt the sides of bulkhead at the bottom at corners with 
 strap irons, full length on sides, and nut and washer on under 
 side of bottom. The top crib on top of bulkhead should project 
 or stand out of the water at least two feet higher than the main 
 chute. 
 
 Fill the crib and bulkhead with heavy stone or concrete, 
 sufficient in weight to anchor the chute firmly down to dam. 
 Always recess the chute into dam, sufficient to let full current of 
 water flow through the fish way at low water mark; the top of the 
 chute must always be under water. 
 
 If current is too strong to put chute in place, a temporary 
 coffer dam of sand bags may be constructed in checking the flow 
 of water until chute is in place and bulkhead weighted down. 
 Sand bags should be removed when chute is completed. 
 
 CHUTE OR RUNWAY. 
 
 Construct the chute of two-inch material (white oak). Build 
 first the chute from the crib, letting 2x12 bottom pieces extend 
 through under bulkhead. In making joints see to it that they 
 come on the arms. Bolt the 2x12 arms to Ijottom and top with 
 two one-half inch bolts to each arm, letting them run clear 
 through. Also use plenty of spikes in securing all parts together. 
 The runway of the chute must extend to within two feet of the 
 bottom of the river, and into the pool below the dam. It may 
 be placed at either one side or in the center of the dam, but must 
 be placed in the channel of the stream and where the greatest 
 depth is always to be found. 
 
 Cover the entire chute with two-inch white oak planks, 
 leaving a two-inch space between the planks for the purpose of 
 cleaning out the pockets. Use plenty of wire nails in the con- 
 struction. Support the slanting chute from the bottom of the 
 stream by knees or horses on proper and sufficiently strong sup- 
 ports. The length of the chute is determined by the height of 
 the dam, the fall being 4 feet to every one foot of height of the dam. 
 In securing the chute to the horses or knees, place an iron band 
 over the chute and extend down and bolt on to the upright sup- 
 ports in order that the two will be securely made fast together. 
 
 At the bottom of horses or supports find or form a solid 
 bottom, and bolt firmly a cross arm from one to the other, ex- 
 tending on either side about 2 feet in the clear of the runway, 
 and on this arm secure by wiring sufficient weight to anchor and 
 hold fast the lower end of chute to within 2 feet of bottom of 
 stream during high or low water, so it will not be inclined to float. 
 Keep both these lower and upper ends of the chutes always clear 
 of debris for the free passage of fish. 
 
 In connecting the slanting part of chute to the level part 
 which lays in the dam, use strap irons bolted to each section 
 securely, place one across each joint, on sides, top and bottom. 
 Should dam be of such height as to need several sections, always 
 put sufficient supports, well secured and bolted and weighted 
 down. 
 
 Estimated amount of material needed to construct a fish chute 
 5 feet wide upon dam with 8 feet fall, the top of dam being 6 feet 
 wide. It will be noted that 8 feet is far in excess of the height of 
 most dams. 
 
 9 — 2x12x8 bulkhead and crib sides 144 ft. 
 
 5 — 2x12x12 bulkhead bottom and level chute 120 ft. 
 
 10—2x12x16 chute bottom, 32-foot run 320 ft. 
 
 5 — 2x12x16 chute sides, 32-foot run 160 ft. 
 
 10—2x10x16 chute top, 32-foot run 268 ft. 
 
 5 — 2x12x10 chute pockets or arms 100 ft. 
 
 5 — 6x 6x16 knees or horses 240 ft., 
 
 1 yard rock to weight bulkhead. 
 
 3 strap bolts, 36 inches long, for bulkhead and crib. 
 12 bolts, ixl2 inches for bulkhead. 
 
 24 bolts, ixl6 inches for arms. 
 
 25 pounds spikes. 
 
 24 strap irons for joints in chute. Carpenter and dray. 
 
Sec. 6553. Game commissioner to prepare plan 
 for fish chute. — It shall be the duty of the state 
 game and fish commissioner of this state to procure 
 a draft of a general plan on a scale of such con- 
 struction as will in his opinion best subserve the 
 free passage of large and small fish, both up and 
 down the small streams at the dam, on which plan 
 shall be designated the greatest allowable slope per 
 foot run on said chutes or fish ladders when in 
 place in the dam; also, the proper width and depth, 
 together with such other details and specifications 
 in respect to materials and construction, and connec- 
 tion with the dam, as will enable an ordinary car- 
 penter to properly construct and place the same. 
 (Laws 1909, p. 519.) 
 
 Sec. 6554. Game commissioner to inspect dams. 
 The state game and fish commissioner is hereby 
 made inspector of dams during his term of office, 
 and it shall be his duty to cause to be constructed 
 by the owner of said dam a fish chute or ladder as 
 provided by the terms of this article, the expense 
 thereof to be paid by the owner or occupant en- 
 joying the use of said dam. It shall be the duty of 
 the state game and fish commissioner to prosecute, 
 in the name of the people, with the aid of the prose- 
 cuting attorney of the county, in all cases where 
 this law is not complied with. (Laws 1909, p. 519) 
 
 Sec. 6555. Penalty for failure of dam owner to 
 construct chute. — If the owner or occupant, or any 
 firm, corporation, company, person or persons, using 
 or enjoying the use of any dam or dams across any 
 stream in this state which is now built, or which 
 may be built hereafter, shall fail to comply with all 
 the provisions of this article with respect to the con- 
 struction and maintenance in good repair of such 
 chutes and fish ladders in any such dam or dams, 
 after having been notified in writing by the state 
 game and fish commissioner to construct the same, 
 he or they shall be guilty of a misdemeanor, and 
 for each thirty days that such owner or occupant 
 shall neglect or refuse to comply with all the pro- 
 visions of this article applicable to him or them, he 
 or they shall be punished by a fine of not less than 
 one hundred dollars nor more than three hundred 
 dollars. (Laws 1909, p. 519.) 
 
 See Sec. 54S2 and notes. 
 
23 
 
 Sec. 6556. Corporation owning dam — who 
 liable. — In respect to the construction and main- 
 tenance of fish chutes or fish ladders at dams owned 
 by corporations, the duties and liabilities imposed 
 l)y this article shall devolve and be imposed upon 
 the president, secretary or manager in this state or 
 any general or local agent thereof. (Laws 1909, p. 
 SI 9-) 
 
 Sec. 6557. Governor to appoint game and fish 
 commissioner — salary. — It shall be the duty of the 
 governor to appoint some person skilled in matters 
 relating to birds, game and fish, a resident of this 
 state, game and fish commissioner, who shall hold 
 his office for a term of four years and until his 
 successor has been appointed and qualified. He 
 shall receive a salary of twenty-five hundred dollars 
 per annum, payable monthly out of tlie game pro- 
 tection fund, in the same manner as other state 
 officers are paid. (Laws 1909, p. 519.) 
 
 Sec. 6558. Game commissioner shall file state- 
 ment, with whom. — The game and fish warden may 
 provide and maintain a suitable office, and may 
 maintain a clerk when necessary. At the end of 
 each calendar month the said game and fish com- 
 missioner shall file with the state auditor an itemized 
 statement, under oath, of all sums of money actually 
 and necessarily expended by him in the discharge of 
 his official duties. Such statement shall include 
 office rent, salary of one clerk at the rate of two 
 and one-half dollars per day while said clerk is em- 
 ployed, salaries and expenses of deputies while 
 traveling under special orders, as hereinafter pro- 
 vided, all necessary traveling expenses, postage, 
 stationery, fuel and such incidental expenses as may 
 be required. The state auditor shall draw his war- 
 rant for such amount, which shall be paid monthly' 
 out of the game fund. (I^avvs 1909, p. 519.) 
 
 Sec. 6559. Game commissioner shall give bond. 
 Before entering upon the discharge of his official 
 duties the game and fish commissioner shall give 
 bond in the sum of five thousand dollars to the state 
 of Missouri, with two or more sureties, to the ac- 
 ceptance of the secretary o£» state, conditioned that 
 he will truly account for and apply all moneys which 
 may come into his hands in his official capacity, and 
 that he will failhfull}- perform the duties enjoined 
 
24 
 
 upon him by law; and he shall take and subscribe 
 the oath or afifirmation required by th.e Constitution 
 of the state. (Laws igog, p. 5ig.) 
 
 Sec. 6560. Game commissioner shall keep a seal. 
 The game and fish commissioner shall keep a seal 
 of office, which shall be used to authenticate all 
 papers and documents issued and executed by him 
 as such ofificer. (I^aws igog, p. Sig.) 
 
 Sec. 6561. Game commissioner shall make re- 
 port to governor — when — what. — In the month of 
 January of each year the game and fish commis- 
 sioner shall make a report to the governor, showing 
 the official business transacted by him. Such report 
 shall show the number of hunters' licenses issued, 
 together with all fees proceeding therefrom. It 
 shall show what moneys have been received by the 
 game and fish department from other fees and other 
 sources. It shall show the number of deputies em- 
 ployed and shall give all necessary information con- 
 cerning the affairs of the game and fish department, 
 said report to be published in pamphlet form. (Laws 
 igog, p. 5ig.) 
 
 Sec. 6562. Duties of game commissioner. — It 
 shall be the duty of the game and fish commissioner 
 to enforce all laws now enacted and which may be 
 hereafter enacted for the protection, preservation 
 and propagation of the game animals, birds and fish 
 of this state, and to prosecute, or cause to be prose- 
 cuted, all persons who violate such laws. Said game 
 and fish commissioner may make complaint and 
 cause proceedings to be commenced against any 
 person for the violation of such laws, and he shall 
 not be obliged to furnish security for costs. Said 
 game and fish commissioner shall at any and all 
 times seize any and all birds, animals and fish which 
 have been caught, taken or killed at a time, in a 
 manner, or for a purpose, or had in possession, or 
 which had been shipped, contrary to the laws of the 
 state. (Laws igog, p. 5ig.) 
 
 Sec. 6563. Certain articles forfeited to state.— 
 The unlawful use of any articles contrary to the pro- 
 visions of the game and fish law shall forfeit the 
 same to the state, and upon their being found by 
 law under any of the conditions prohibited by this 
 article, shall be destroyed. (Laws igog, p. 5ig. ) 
 
 Sec. 6564. Game commissioner may examine 
 
25 
 
 packages — penalty for refusal to allow examination. 
 
 All birds, animals or lish seized by the said game 
 and fish commissioner shall 1)e donated to some 
 charitable institution in the county where such seiz- 
 ure was made. It is hereby made the duty of every 
 warehouse, cold storage plant, merchant or common 
 carrier, agent, servant or employe thereof, to per- 
 mit the game and fish commissioner to examine any 
 package in the possession of said warehouse, cold 
 storage plant, merchant or common carrier, or 
 agent, servant or employe thereof, which the said 
 game and lish commissioner shall suspect or have 
 reason to believe contains fish, birds or game pro- 
 tected by the laws of the state, and not entitled un- 
 der such law to be transported or had in possession, 
 or when the said game and fish commissioner shall 
 suspect or have reason to believe that the said pack- 
 age is falsely labeled. Any person, firm or corpora- 
 tion refusing the game and fish commissioner, oi 
 any officer charged with the enforcement of the 
 game and fish laws, permission to examine or open 
 any such package or impede such action by the 
 game and fish commissioner, shall be punished by a 
 fine of not less than fifty dollars nor more than one 
 hundred and fifty dollars. Said game and fish com- 
 missioner shall not be liable for damages on account 
 oi any search, examination or seizure made in ac- 
 cordance -with the provisions of this article. (Law.-; 
 1909, p. 519.) 
 
 Sec. 6565. Commissioner may serve warrants — 
 may arrest without warrant, when. — Said game and 
 fish commissioner shall have the same power to 
 serve criminal processes as sheriffs or marshals, and 
 shall have the same right as sheriffs or marshals to 
 recjuire aid in the execution of such process; said 
 game and fish commissioner may arrest without 
 warrant any person caught by him in the act of 
 violating any of the laws of the state for the pro- 
 tection or propagation of birds, game and fish, and 
 take such person forthwith before a justice of the 
 peace or any court having jurisdiction, v/ho shall 
 proceed without delay to hear, try and determine 
 the matter, the same as in other criminal cases. 
 (Laws 1909, p. 519.) 
 
 Sec. 6566. Commissioner may appoint deputies 
 — compensation. — The game and fish commissioner 
 
26 
 
 sliall have jxjwcr tf) appoint at any time one or 
 more deputies from each congressional district, who 
 sliall assist him in the discliarge of his duties, and 
 said deputies shall have like power and authority 
 herein provided for the game and fish commissioner; 
 but such deputies shall be subject to the supervision 
 and control of the game and fish commissioner and 
 subject to removal by him. Such deputies shall each 
 receive a per diem of three dollars for each day 
 while under the direct orders of the state game and 
 fish commissioner to perform services in the en- 
 forcement of the fish, game and bird laws, and their 
 actual necessary expenses incurred while working 
 under the direction of the state game and fish com- 
 missioner, which expenses shall be paid monthly 
 upon vouchers verified under oath and approved by 
 the state game and fish commissioner out of the 
 game protection fund. (Laws 1909, p. 519.) 
 
 Sec. 6567. Commissioner to publish and dis- 
 tribute laws relating to game. — The state game and 
 fish commissioner shall cause to be published in 
 pamphlet form, for general distribution, the laws re- 
 lating to game, birds and fish. (Laws 1909, p. 519.) 
 
 Sec. 6568. Commissioner may issue permits, 
 when — to whom. — The state game and fish commis- 
 sioner may issue permits to any person to take, 
 capture, -kill, transport within or without this state, 
 or import into this state, any game, fish or bird 
 mentioned in this article, at any time when satisfied 
 such person desires the same exclusively as speci- 
 mens or for scientific or propagating purposes. Such 
 permit shall be in writing, and shall state the kind 
 and number to be taken and the manner of taking, 
 the name of the person to whom issued, if imported 
 into this state, the name of the state or territory, 
 the name of the person shipping such birds, fisli 
 or game, and shall be signed by him; such permits 
 shall not be transferable, nor shall it be lawful to 
 sell or barter any of the birds, fish or game taken 
 or imported under such permit for food purposes, 
 and the holder of such permit shall be liable to the 
 penalties provided in this article if he violates any 
 of its provisions. Such pennits shall be issued upon 
 payment of five dollars and shall expire December 
 31st of the year issued. (Laws 1909, p. 519.) 
 
 Sec. 6569. Taxidermy — who shall engage in. — 
 
It shall be lawful for any person in the state of 
 INIissouri to engage in the art and business of taxi- 
 dermy after first showing that he is skilled in such 
 business and taking out a permit from the game and 
 fish commissioner therefor, and it shall be lawful 
 for any such licensee to receive from any person 
 the carcass of any wild bird or game animal law- 
 fully killed or any part thereof, to be mounted or 
 preserved by the art of taxidermy, and to ship to 
 any person the same, after being so mounted or 
 preserved, by attaching to such shipment a tag, 
 stating the name of the taxidermist and the number 
 and date of his permit. It shall be lawful for any 
 person in the state of Missouri, being a taxidermist, 
 with permit and holding a permit for scientific col- 
 lecting, to dispose of specimens for scientific and 
 instructive purposes. The permit for the business 
 of taxidermy shall be issued by the state game and 
 fish commissioner upon the payment of one dollar, 
 and such permit shall be good only during the 
 calendar year of issue and shall not be transferable. 
 (Laws 1909, p. 519.) 
 
 Sec. 6570. Commissioner may transmit speci- 
 mens to other state wardens, when. — The state game 
 and fish commissioner may, upon application from 
 the game and fish commissioner, or corresponding 
 officer, of any other state or territory, procure and 
 transmit to such officer live specimens of the game 
 animals, birds or fi.s^h of this state, to be used for 
 scientific or propagating purposes. (Laws 1909, p. 
 519-) 
 
 Sec. 6571. May remove fish, when. — The state 
 game and fish commissioner may take at such time 
 and in such manner from public waters of this state 
 fish which, in his judgment, hinder or prevent the 
 propagation of game or food fish, or when fish are 
 in danger of perishing. Such removal shall be ef- 
 fected by such means and under such regulations 
 as the state game and fish commissioner may pro- 
 vide. So much of such money realized from the 
 sale of fish so removed may be used by the state 
 .game and fish commissioner in continuing the work 
 of removal, and all surplus money must be turned 
 into the game protection fund. The Missouri fish 
 commission may take or cause to be taken under the 
 supervision of the state game and fish commissioner 
 
28 
 
 any fish from public waters in any manner, at any 
 time, for any purpose connected with the fish culture 
 or with scientific observation. (Laws 1909. p. 519.) 
 
 Sec. 6572. Permits to be issued, when — fee. — 
 Upon the payment of two dollars, unless otherwise 
 provided, to the state game and fish cominissioner, 
 he is authorized to issue permits according to the 
 provisions of this article. (Laws 1909, p. 519.) 
 
 Sec. 6573. Certain officers deputy wardens. — 
 All sherififs, deputy sheriffs, marshals, constables 
 and other peace officers are hereby declared to be 
 ex officio game and fish commissioners. (Laws 
 1909, p. 519.) 
 
 Sec. 6574. License to hunt. — U shall be unlaw- 
 ful for any person, after the passage of this article, 
 to hunt in this state without first obtaining a license 
 permitting him or her to do so. Such license shall 
 be dated when issued, and shall authorize the per- 
 son named therein to hunt during the calendar year 
 of issue, and then subject only to the regulations 
 and restrictions provided by law. (Laws 1909, p. 
 519-) 
 
 Sec. 6575. License to nonresidents, how pro- 
 cured — must keep record — license to residents, how 
 procured. — The state game and fish commissioner 
 shall issue licenses to nonresidents for hunting in 
 the manner and imder the conditions hereinafter 
 stated. All fees for such licenses shall be paid by 
 the state game and fish commissioner to the secre- 
 tary of state, and shall be by him paid to the state 
 treasurer. The state game and fish commissioner 
 shall procure the printing of all licenses for hunting, 
 and a record of such licenses issued to nonresidents 
 shall be kept in the office of the state game and fish 
 commissioner. All hunting licenses shall be num- 
 bered consecutively at the time they are ])rintcd. 
 Resident licenses shall be furnished by the state 
 game and fish commissioner to the clerks of the 
 several counties and the Hcen.^e collector of the cit}' 
 of St. Louis, who shall issue the same upon the 
 terms and conditions herein provided. Not more 
 than one license shall be issued to the same person 
 in any one calendar year. (Laws 1909, p. 519.) 
 
 Sec. 6576. Application of nonresidents must 
 contain what — fee. — Any nonresident of this state 
 may secure a license for hunting by filing his (or 
 
29 
 
 her) affidavit with the state game and fish commis- 
 sioner, stating his (or her) name, age, place of resi- 
 dence, postoffice address, color of his (or her) hair 
 and eyes, and the fact whether he (or she) can or 
 cannot write his (or her) own name and paying to 
 the state game and fish commissioner the sum of 
 twenty-five dollars. (Laws 1909, p. 519.) 
 
 Sec. 6577. Resident license, by whom issued — 
 record kept — clerk's fee — monthly remittance and 
 report — penalty. — County clerks and the license col- 
 lector of the city of St. Louis shall issue resident 
 licenses, under the seal of their office, to all persons 
 complying with the provisions of this article, and 
 shall sign the same, and before such license shall 
 become operative, and before the licensee shall have 
 the right thereunder to hunt, he shall sign his name, 
 in ink, on the margin of the license paper. He shall 
 keep a complete record of all licenses issued in a 
 book, to be furnished by the state game and fish 
 commissioner, which record shall remain in his 
 office and be open to the inspection of the public at 
 all times. Such clerk and the license collector of 
 the city of St. Louis shall retain, out of the money 
 received for each license issued, the sum of fifteen 
 cents, which shall cover the swearing of the appli- 
 cant to the affidavit herein referred to, and all other 
 services under this article, and shall pay the balance 
 to the state treasurer on the first day of each month, 
 and report to the state game and fish commissioner 
 the number of licenses issued and the amount of 
 money remitted to the state treasurer on the first 
 day of each month. Any person violating any of 
 the provisions of this section shall be deemed guilty 
 of a misdemeanor, and, upon conviction, be fined 
 not less than twenty-five dollars nor more than one 
 hundred dollars. (Laws 1909, p. 519.) 
 
 See State v. Moody, 202 Mo. 12 0. 
 
 Sec. 6578. Resident or state license, good where 
 — qualifications of applicant — fee — proviso. — Resi- 
 dent licenses shall be issued as county resident li- 
 censes and state resident licenses. A county resi- 
 dent license shall entitle the holder to hunt only in 
 the county wherein such license is issued, and any 
 adjoining county. A state resident license shall en- 
 title the holder to hunt in all counties in the state 
 of Missouri. Any person who has been a bona ^dc 
 
30 
 
 resident of this state for six months last past maj'- 
 secure a license for himself (or herself) by filing his 
 (or her) affidavit with the clerk of the county where 
 he (or she) resides, stating his (or her) age, name, 
 place of residence, postoffice address, the color of 
 his (or her) hair and eyes, and the fact whether he 
 (or she) can or cannot write his (or her) name, 
 paying to said clerk one dollar for a license to hunt 
 in the county in which he resides and any county 
 adjoining same, or five dollars for a state resident 
 license: Provided, that this section shall not apply 
 to owners and tenants of farm lands used exclusively 
 for agricultural purposes, and members of their 
 families under the age of twenty-one years, who 
 may hunt on tlicir own or leased lands without ob- 
 taining a hunting license. (Laws 1909, p. 519.) 
 See Ex parte Helton, 11 7 A. 600. 
 
 Sec. 6579. Duties of license collector St. Louis 
 city same as county clerk. — For the purpose of carry- \ 
 ing on the provisions of this article, the license col- '. 
 lector of the city of St. Louis shall correspond to 
 the county clerks of the various counties in this 
 state. Such license collector sjiall be provided with 
 the necessary license blanks and affidavit blanks and 
 license record. He shall issue resident hunters' 
 licenses and collect therefor the fee required in sec- 
 tion 6578 of this article, and for each license issued 
 such license collector shall retain from such money 
 collected a fee of fifteen cents. He shall keep such 
 records relating to licenses issued and make such 
 reports to the state game and fish commissioner 
 concerning the same as the provisions of this ar- 
 ticle require of county clerks. (Laws 1909, p. 519.) 
 
 Sec. 6580. License may be inspected, by whom 
 — penalty for refusal. — It is hereby declared to be 
 the duty of every person holding a hunter's license 
 in the state to present the same for inspection by 
 the game and fish commissioner or any of his depu- 
 ties, or any other state officer, or any sheriff, mar- 
 shal or constable. Any person holding such license 
 and refusing to present the same when a proper de- 
 mand is made therefor, shall be deemed guilty of a 
 misdemeanor, and, upon conviction, shall be pun- 
 ished by a fine of not less than ten dollars nor more 
 than twenty-five dollars. (Laws 1909. P- SI9-) 
 
 Sec. 6581. Penalty for hunting without license. 
 
31 
 
 Any person who shall hunt in this state without 
 being at the time of such hunting in possession of 
 a license, as herein provided, duly issued to him 
 (or her), which license shall cover the period in 
 which he (or she) shall be hunting, or w^ho shall 
 furnish to another person a license issued to him 
 (or her), shall be fined not less than twenty-five 
 dollars nor more than one hundred dollars and costs 
 of prosecution. (Laws 1909, p. S19.) 
 
 Sec. 6582. Penalty for fraudulently procuring 
 license. — Any person who shall make to any person 
 authorized to issue hunting licenses a false state- 
 ment, or who shall change or alter in any manner 
 a hunting license, shall be punished by a fine of 
 not less than fifty dollars nor more than one hun- 
 dred dollars and costs of prosecution. (Laws 1909, 
 p. 519.) 
 
 Sec. 6583. Licenses distinguishable in color — 
 distribution of — annual return and report. — The li- 
 censes for state residents and county residents and 
 nonresidents shall be printed so different in color 
 as to be easily distinguished. The state game and 
 fish commissioner shall deliver to the clerk of each 
 county and the license collector of the city of St. 
 Louis, as soon as this article goes into effect, and 
 at least ten days before the first day of January of 
 each year thereafter, as many licenses as may be 
 required, and shall charge said clerk and collector 
 with the number so issued to him. On the fifteenth 
 day of December of each year, and within ten days 
 thereafter, each county clerk and collector of St. 
 Louis shall return to the state game and fish com- 
 missioner all unused licenses and unused stubs of 
 the licenses issued, with a report of the number of 
 licenses issued, amount of money received, amount 
 retained by him, and the amount paid over to the 
 state treasurer for hunting licenses issued. (Laws 
 1909, p. 519.) 
 
 Sec. 6584. Schedule of game and open dates on 
 back of license — licensee shall report to commis- 
 sioner. — On the back of each hunting license the 
 state game and fish commissioner shall cause to be 
 printed a table showing the names of birds and ani- 
 mals that may be killed, together with a list of days; 
 and the holder of such license shall set down in the 
 proper place the number and name of each kind of 
 
32 
 
 bird or animal killed, and return such license, with 
 such table properly filled, to the state game and fish 
 commissioner. (Laws 1909, p. 519.) 
 
 Sec. 6585. "Game protection fund," availability 
 and restrictions.— All moneys sent to the state treas- 
 urer in paj'ment of hunting licenses, other licenses, 
 penalties and forfeitures shall be set aside by the 
 state treasurer and shall constitute a fund known 
 as the "game protection fund," for the payment of 
 salary of the state game and fish commissioner and 
 his necessary expenses; for the payment of deputy 
 game and fish commissioners and their necessary 
 expenses; also, the buying, shipping, keeping, prop- 
 agating and preserving of game. The liability of 
 the state for per diem, salaries and expenses of 
 deputy game commissioners appointed under this ar- 
 ticle or otherwise, and for all other services and ex- 
 penses incurred for any purpose or in consequence 
 of this article, shall be limited to the amount of 
 moneys in the game protection fund, and in no event 
 shall the state pay an}' such salaries or expenses, 
 or be liable in any way therefor, except to the ex- 
 tent of such game protection fund, any contract, 
 express or implied, of the state game and fish com- 
 missioner to the contrary notwithstanding. And 
 said state game and fish commissioner shall not is- 
 sue any voucher, nor shall the state auditor approve 
 any voucher if issued by the state game and fish 
 commissioner under the provisions of this article, 
 or otherwise, for any such per diem, salary, serv- 
 ices or other expenses of any kind, unless the money 
 to pay such voucher shall at the time be on hand to 
 pay the same. (Laws 1909, p. 519.) 
 
 Similar provisions in tlie act of 1905, p. 158. for dis- 
 position of "fines, penalties, forfeitures" were lield uncon- 
 stitutional, and the prosecutions and penalties held to be 
 criminal. State ex rel. v. AA'arner, 197 Mo. 650. 
 
 Sec. 6586. Trials, duty to report fines. — It shall 
 be the duty of every justice of the peace, magis- 
 trate or clerk of the court before whom anj' prose- 
 cution under this article is commenced, or shall go 
 on appeal, and within twenty days after the trial or 
 dismissal thereof, to report in writing the result 
 thereof, and the amotmt of fine collected, if any, to 
 the state game and fish commissioner. (Laws 1909, 
 P- 519.) 
 
 Sec. 6587. Penalties collected, how disposed of. 
 
33 
 
 ^loneys collected from penalties or forfeitures un- 
 der this article, belonging to the game protective 
 fund, shall be paid over by the oflficer authorized 
 to collect said money to the state treasurer on or 
 before the first day of each month. (Laws 1909, p. 
 519.) 
 
 Sec. 6588. State treasurer to make monthly re- 
 port to commissioner. — The state treasurer shall re- 
 port on the first day of each month to the state 
 game and fish commissioner the exact amount of 
 money in the game protection fund. (Laws 1909, p. 
 SI9-) 
 
 Sec. 6589. Shipping, owner to accompany game 
 — penalty. — It is unlawful and is prohibited for anj' 
 person who has lawfully killed the same in this 
 state to take, ship or transport out of this state, or 
 ship or transport within the state, any of the birds 
 or game protected by the laws of this state, unless 
 the same shall be in personal possession of or car- 
 ried openly as baggage or express by the owner 
 thereof, and such owner shall have in his (or her) 
 possession at the time a nonresident or resident li- 
 cense duly issued to him (or her) under the pro- 
 visions of law, and shall accompany the said birds 
 or game on the same train or other conveyance of 
 the common carrier. Any person who shall violate 
 any of the provisions of this section shall be pun- 
 ished by a fine of not less than twenty-five dollars 
 nor more than one hundred dollars. (Laws 1909, 
 P- 519.) 
 
 No hunter can lawfully ship s'anie unless he has a 
 license. Ex parte Helton, 117 A. 6 OIL 
 
 Sec. 6590. Transportation company must inquire 
 for license before shipping. — Any person, company, 
 corporation or common carrier, before shipping or 
 transporting any animals or birds, must ascertain if 
 any person offering for shipment such birds or game 
 is in possession of a hunter's license duly issued to 
 him (or her) and covering the period when such 
 shipment is offered. Such birds or game may be 
 shipped or transported, provided it is accompanied 
 by the shipper from place of shipment to 'destina- 
 tion, if within the state, and to state line, if without 
 this state. No transportation company or common 
 carrier shall receive for transportation or transport 
 any of the birds or game protected by this article 
 unless the same shall be received for transportation, 
 
34 
 
 carried and delivered pursuant to the provisions of 
 this article, and shall only be received for shipment, 
 carried or delivered during the season or time 
 which the laws of this state shall fix as the open 
 season for transportation of such birds or game. 
 Any person, corporation, company or common car- 
 rier violating any of the provisions of this article 
 shall be deemed guilty of a misdemeanor, and, upon 
 conviction thereof, shall be punished by a fine of 
 not less than fifty dollars nor more than one hun- 
 dred dollars. (Laws 1909, p. 519-) 
 
 No person can receive for shipment, and no carrier 
 can carry, game unless lawfully killed. The only evidence 
 required that the game has been lawfully killed is that the 
 person having the game and offering it for shipment has a 
 license issued to him. Ex parte Helton, 117 A. 609; State 
 v. Koock, 202 Mo. 2 2.3. 
 
 Sec. 6591. Providing for the shipment and sale 
 of deer and elk. — To encourage raising deer and elk 
 in this state in captivity, nothing in this act shall 
 be construed to prevent the shipment or sale of deer 
 or elk, alive, or dead, from preserves when such deer 
 or elk are raised in captivity, such shipments or 
 sales to be made in a manner pre;scribed by the state 
 game and fish commissioner. (New section.) 
 
 Approved March 27, 191 1. 
 
 An act to amend article 8, chapter 36, of the Re- 
 vised Statutes of Missouri of 1909, entitled "Crimes 
 and punishments," and relating to miscellaneous of- 
 fenses, by adding thereto a new section, to be known 
 as section 4893a. 
 Be it enacted bj' the general assembly of the state 
 
 of Missouri, as follows: 
 
 Section i. That article 8 of chapter 36 of the 
 Revised Statutes of Missouri of 1909, be and the 
 same is hereby amended by adding thereto a new 
 section to be known as section 4893a, which shall 
 read as follows: 
 
 Section 4893a. Every person who shall be found 
 hunting, with gun or dog, upon the enclosed, im- 
 proved or cultivated lands of another, or shall enter 
 the same to catch or kill game of any kind, without 
 the consent of the owner or person in charge of 
 such lands, shall, on complaint of such owner or 
 person in charge of such lands, and upon conviction 
 therefor, be fined not exceeding ten dollars. 
 
 Approved March 27, 191 1. 
 
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