by the Secretary of Agriculture, and shall organize by electing one member chairman and one member secretary, and shall determine by lot the terms of the members, other than the term of the executive officer.

That a majority of the members shall constitute a quorum for the transaction of business. All investigations, inquiries, hearings, and decisions of a commissioner shall be deemed to be the investigations, inquiries, hearings, and decisions of the commission, when approved by it and entered by it in its minutes, and every order made by a commissioner, when approved and confirmed by the commission and ordered filed in its office, shall be and be deemed to be the order of the commission. The commission shall have an official seal. SEC. 5. DUTIES AND POWERS OF THE COMMISSION, WARDENS, AND OFFICERS.That the commission shall have authority to employ and remove game wardens, deputies, clerks, and such other assistants as may be necessary, to fix their periods of service and compensation, to rent quarters, and to incur other expenses, including printing, necessary for the enforcement of this act and for which appropriation has been made; but, subject to review by the commission, the executive officer may suspend or remove any game warden or other employee for cause, including insubordination.

That each member of the commission, any warden, any person appointed by the Secretary of Agriculture or by the commission to enforce this act, any Forest Service employee, marshal, deputy marshal, collector or deputy collector of customs, officer of a Coast Guard vessel, special officer of the Department of Justice, or licensed guide shall have power, in or out of the Territory, and it shall be his duty, to arrest without warrant any person committing a violation of this act in his presence or view, and to take such person immediately for examination or trial before an officer or court of competent jurisdiction; he shall have power to execute any warrant or other process issued by an officer or court of competent jurisdiction for the enforcement of the provisions of this act; and he shall have authority, with a search warrant, to search any place at any time. Any officer or employee empowered to enforce this act shall have with respect to camps and vessels of the United States like authority and powers of search as are conferred with respect to such vessels upon wardens appointed by the Secretary of Agriculture for the protection of land fur-bearing animals in Alaska, by the act of June 30, 1921 (Forty-first Statutes at Large, page 694, at page 716). The several judges of the courts established under the laws of the United States and United States commissioners may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue warrants in all such cases. All guns, traps, nets, boats, dogs, sleds, and other paraphernalia used in or in aid of a violation of this act may be seized and all animals, birds, or parts thereof, or nests or eggs of birds taken, transported, or possessed contrary to the provisions of this act, shall be seized within or outside the Territory, by any officer or person authorized to enforce this act, and upon conviction of the offender or upon judgment of a court of the United States that the same were being used or were taken, transported, or possessed in violation of this act shall be forfeited to the United States and disposed of as directed by the court having jurisdiction, and if sold the proceeds of sale shall be transmitted by the clerk of the court to the executive officer to be disposed of as are other receipts of the commission. Any property, animals, birds, or parts thereof, or nests or eggs of birds seized by a licensed guide shall be safely held and promptly delivered by him to the commission, a game warden, or to a marshal or a deputy marshal. It shall be the duty of the Secretary of the Treasury and the Postmaster General, upon request of the Secretary of Agriculture, to aid in carrying out the provisions of this act.

SEC. 6. BOND OF COMMISSIONERS.-That before entering upon the duties of his office each member of the commission, other than the executive officer, shall execute and file with the Secretary of Agriculture a bond to the people of the United States in the sum of $1,000 with sufficient sureties, and the executive officer shall so file such a bond in the sum of $20,000, and each game warden or other person authorized by the commission to sell licenses shall so file such a bond in the sum of $500, conditioned for the faithful performance of their respective duties, and for the proper accounting and paying over, pursuant to law of all moneys or property received by them respectively. Each member of the commission and each of such game wardens or other persons shall have reimbursed to him on proper voucher the premium paid by him on his bond.

SEC. 7. ESTIMATES AND REPORTS.-That the commission, on or before the 15th day of July of each year, shall file with the Secretary of Agriculture a detailed

estimate of the appropriation necessary for the service during the following fiscal year, and on or before the 1st day of October of each year shall submit a detailed report to him covering the administration of the law, including all expenditures and other operations for the preceding fiscal year, and such estimates shall be subject to revision by him.

SEC. 8. TAKING OF ANIMALS AND BIRDS RESTRICTED.-That, unless and except as permitted by this act or by regulations made pursuant to this act, it shall be unlawful for any person to take, possess, transport, sell, offer to sell, purchase, or offer to purchase any game animal, land fur-bearing animal, wild bird, or any parts thereof, or any nest or egg of any such bird, or, except under regulations of the Secretary of Agriculture, to molest, damage, or destroy beaver or muskrat houses: Provided, That nothing in this act shall be construed to prevent the collection or exportation of animals, birds, parts thereof, or nests or eggs of birds for scientific purposes, or of live animals, birds, or eggs of birds, for propagation or exhibition purposes, under a permit issued by the Secretary of Agriculture and under such regulations as he may prescribe. Land fur-bearing or game animals which escape from captivity, unless recaptured by their owners, and all fur and game animals hereafter introduced into Alaska are declared to be wild fur-bearing or game animals and shall be subject to the provisions of this act.

SEC. 9. POISON, USE PROHIBITED.-That no person shall at any time use any poison to kill any animal or bird protected by this act or put out poison or a poisoned bait where any such animal or bird may come in contact with it; but a game warden or predatory animal hunter employed by or under the direction of the commission may use poison to kill wolves, coyotes, or wolverines, under such regulations as the commission may adopt; and no person shall sell or give any strychnine or other poison designated by the commission to any hunter or trapper, including native Indians or Eskimos who hunt or trap. No hunter or trapper, including native Indians or Eskimos who hunt and trap shall have any strychnine or other poison designated by the commission in his possession, and any such poison found in the possession of any such person shall be seized and disposed of in such manner as the commission may determine. Any person selling or otherwise disposing of any strychnine, or any other poison designated by the commission, shall keep a record in a special book showing the name and address of each person purchasing or otherwise procuring it and the kind and amount thereof, which record shall at all times be open to inspection by any game warden or other officer authorized to enforce this act, and he shall transmit such information monthly to the commission.

SEC. 10. REGULATIONS.-That the Secretary of Agriculture, upon consultation with or recommendation from the commission, is hereby authorized and directed from time to time to determine when, to what extent, if at all, and by what means game animals, land fur-bearing animals, game birds, nongame birds, and nests or eggs of birds may be taken, possessed, transported, bought, or sold, and to adopt suitable regulations permitting and governing the same in accordance with such determinations, which regulations shall become effective ninety days after the date of publication thereof by the Secretary of Agriculture; but no such regulation shall permit any person to take any female yearling or calf moose, any doe yearling or fawn deer, or any female or lamb mountain sheep except under permit for scientific, propagation, or educational purposes; or to use any dog in taking game animals; or to sell the heads, hides, or horns of any game animal, except the hides of moose, caribou, deer, and mountain goat which the regulations may permit to be sold for use within the Territory but not for export; or to use any shotgun larger than a number ten gauge; or to use any airplane, steam, or power launch, or any boat other than one propelled by paddle, oars, or pole in taking game animals or game birds; or to sell any game animals, game birds. or parts thereof, to the owner, master, or employee of any coastal or river steamer or commercial power or sail boat, or to procure for serving and to serve any such game animals, game birds, or parts thereof, in any cannery mess house or to employees on any such steamer or boat; nor, except as herein provided, shall prohibit any Indian or Eskimo, prospector, or traveler to take animals or birds during the close season when he is in absolute need of food and other food is not available, but the shipment or sale of any animals or birds or parts thereof so taken shall not be permitted, except that the hides of animals so taken may be sold within the Territory, but the Secretary by regulation may prohibit such native Indians or Eskimos, prospectors, or travelers from taking any species of animals or birds for food during the close season in any section of the Territory within which he shall determine that the supply

of such species of animals or birds is in danger of extermination; nor shall any such regulation contravene any of the provisions of the migratory bird treaty act and regulations.

SEC. 11. LICENSES: SUBDIVISION A. NONRESIDENT HUNTING LICENSE. That except as otherwise permitted by this act, or by regulation made pursuant thereto, no nonresident shall take or possess any of the animals or birds protected by this act without first having procured a nonresident hunting license as herein provided.

SUBDIVISION B. RESIDENT SHIPPING LICENSE.-That no resident of the Territory shall export any game animal or part thereof, except that he may export for mounting and return to the Territory in any one year, but not for sale, not to exceed two heads or trophies of each species of game animal legally killed by him, upon first procuring a resident shipping license as herein provided, but the Secretary may, by regulation, permit a citizen of the United States who has been a resident of the Territory for at least two years and who is removing his residence from the Territory, to export trophies of game animals legally taken by him not to exceed the number he could legally have taken during the two years immediately preceding his removal from the Territory, upon first procuring a resident shipping license as herein provided.

SUBDIVISION C. RESIDENT HUNTING AND TRAPPING LICENSES.-That the commission, whenever it shall deem expedient, may by regulation require residents of the Territory to procure resident hunting and trapping licenses, authorizing them to take animals and birds protected by this act, and when such licenses shall have been required of residents the fee therefor shall be as follows: For each hunting license the sum of $2, and for each trapping license the sum of $2, but no such license shall be required of native-born Indians, Eskimos, or halfbreeds. After the expiration of sixty days from the adoption of such regulation, no resident shall take any animal or bird protected by this act without having first procured resident hunting and trapping licenses as herein provided.

SUBDIVISION D. REGISTERED GUIDE LICENSE.-That only a resident citizen or a resident native Indian or Eskimo of the Territory may act as guide for a nonresident in any section of the Territory where the commission by regulation requires nonresidents to employ guides, and he shall first register with the commission in a book which it shall keep for this purpose, and procure a registered guide license as herein provided, and the commission shall determine by regulation the qualifications required of such guides. No person other than a registered guide shall act as guide for a nonresident in any section of the Territory where -guides are required by regulation of the commission to be registered.

SUBDIVISION E. ALIEN SPECIAL LICENSE.-That no alien shall take any of the animals, or to deal in furs, is issued, shall, on or before thirty days after the rifle, or other firearms, except under an alien special license issued as herein provided.

A

SUBDIVISION F. REPORTS.-Each person to whom a license to take birds or animals, or to deal in furs, is issued, shall, on or before 30 days after the expiration of his license, make a written report to the commission on a form prepared and furnished by it, stating the kind and number of each species of bird or animal taken, purchased, or otherwise procured under such license. licensee who willfully fails or neglects to make such report shall not be entitled to, nor shall he be granted, a license to take birds or animals or deal in furs for one year from the date such report is due, but no other punishment shall be imposed.

SUBDIVISION G. FUR-FARM LICENSE.-That no person shall engage in the business of farming land fur-bearing animals or possess them for purposes of propagation without first having procured a fur-farm license as herein provided.

SUBDIVISION H. FUR DEALERS, LICENSES, FEES.-No person shall buy or sell the skins of fur-bearing animals, or engage in, carry on, or be concerned in the business of buying, selling, or trading in the skins of fur-bearing animals protected by this act without first having procured a license as herein provided, but no license shall be required of a native-born resident Indian. Eskimo, or half-breed, or of a hunter or trapper selling the skins of such animals which he has lawfully taken, or of a person not engaged or employed in the business of trading in such skins to purchase them for his own use, but not for sale.

The applicant for such a license shall accompany his application by the required fee as follows:

(a) If the applicant is a resident of the Territory, the sum of $10; (b) If the applicant is a nonresident of the Territory, who is a citizen of the United States, or is a corporation, association, or copartnership or

ganized under the laws of the Territory or of a State of the United States, the sum of $250;

(c) If the applicant is an alien, or is a corporation, association, or copartnership not organized under the laws of the Territory or of a State of the United States, the sum of $500;

If a resident agent for a fur dealer within the meaning of clause (c) of this section, the sum of $10;

If a nonresident who is a citizen of the United States and an agent for a dealer within the meaning of said clause (c), the sum of $250;

SUBDIVISION I. FEES AND APPLICATIONS FOR, AND ISSUANCE OF LICENSES.Licenses, with the exception of alien special licenses and resident shipping licenses, shall be issued by the commission through its members, game wardens. and other persons authorized by it in writing to sell licenses. Alien special licenses shall be issued only by the executive officer, and resident shipping licenses shall be issued by the collector of customs at the port of shipment. Application blanks for licenses shall be furnished by the commission and shall be in such form as the commission may by regulation determine; and each application shall be subscribed and sworn to by the applicant before an officer authorized to administer oaths in the Territory; and the members of the commission, and its game wardens and other persons authorized in writing by it to issue licenses are hereby authorized to administer oaths to applicants for such licenses. The applicant for a license shall accompany his application with a license fee as follows: Nonresident big game hunting license $50; Nonresident trapping license, $50;

Nonresident small game license, $10;

Resident shipping and return license, $1 for each trophy;

Resident removing from Territory, $20 for each moose trophy, and for each other trophy of big game, $10.

Registered guide license, $10;

Alien special license, $100;

Fur farm license, $5;

SUBDIVISION J. FALSE STATEMENT IN APPLICATION FOR AND ALTERATION AND EXPIRATION OF LICENSES.-That any false statement in an application for license as to citizenship, place of residence, or other material fact shall render null and void the license issued upon it. Any person who shall make any false statement in an application for a license shall be deemed guilty of perjury, and upon conviction thereof shall be subject to the penalties provided for the commission of perjury. No person shall alter, change, loan, or transfer to another any license issued to him in pursuance of this act, nor shall any person other than the one to whom it is issued use such license; and each of such licenses shall expire the 30th day of June next succeeding its issuance. SUBDIVISION K. PROCEEDS OF LICENSES, DISPOSITION OF.-That each officer or person selling licenses shall, as soon as practicable after the first day of each month transmit the proceeds thereof with a report of such sales to the executive officer, who shall keep accurate records thereof and of receipts from all other resources and promptly transmit 50 per centum thereof to the Secretary of Agriculture, to be covered into the Treasury of the United States as miscellaneous receipts, and 50 per centum thereof to the treasurer of the territory to be covered into the territorial school fund.

SEC 12. COLLECTORS OF CUSTOMS, DUTIES OF.-That it shall be the duty of collectors of customs at ports of entry in the United States to keep accurate accounts of all consignments of game birds, game animals, skins of land fur-bearing animals, and parts thereof received from or returned to the territory, except birds, nests, and eggs shipped under a scientific permit issued by the Secretary of Agriculture; and it shall be the duty of all collectors of customs to enforce the provisions of regulations adopted pursuant to this act with respect to shipments of animals or birds or nests or eggs of birds.

SEC. 13. UNITED STATES ATTORNEYS, DUTIES OF.-That it shall be the duty of the United States attorney for the division in which any wild animal or wild bird, or part thereof, or nest or egg of such bird, or any gun, trap, net, boat, dog, sled, or other paraphernalia has been seized, or has been used, taken, transported, bought, sold, or possessed contrary to the provisions of this act, to institute an action in rem against it for the forfeiture thereof to the United States in any case in which the disposition of such articles is not involved in a criminal prosecution; the possession of any wild animal,

bird, or part thereof, or nest or egg of such bird, during the time when the taking of it is prohibited, shall, in any such action, constitute prima facie evidence that it was taken, possessed, bought, sold or transported in violation of the provisions of this act, and the burden of proof shall be upon the possessor or claimant of it to overcome the presumption of illegal possession and to establish the fact that it was obtained and is possessed lawfully; and in case of judgment being rendered in favor of the United States, it shall be disposed of as directed by the court having jurisdiction, and if sold, the proceeds of sale shall be transmitted by the clerk of the court to the executive officer to be disposed of as are other receipts of the commission.

SEC. 14. TRANSFER OF FUNDS.-That the unexpended balances of any sums appropriated by the Agricultural appropriation act for the fiscal years ending June 30, 1924 and 1925, for enforcing the provisions of section 1956 of the Revised Statutes, as amended, so far as it relates to the protection of land furbearing animals in the Territory, or by the sundry civil act for the fiscal years ending June 30, 1924 and 1925, for the protection of game in the Territory, are hereby made available until expended for the expenses of carrying into effect the provisions of this act and regulations made pursuant thereto.

SEC. 15. PENALTIES.-That unless a different or other penalty or punishment is herein specifically prescribed, a person who violates any provision of this act, or who fails to perform any duty imposed by this act or any order or regulation adopted pursuant to this act, is guilty of misdemeanor and upon conviction thereof shall be fined not less than $25 nor more than $500, or be imprisoned not more than six months, or both; and, in addition thereto, the conviction of any licensed hunter for a violation of any of the provisions of this act shall cause a forfeiture of his license and he shall surrender it upon demand to any person authorized by the commission to receive it; that all moneys from fines shall be transmitted by the clerk of the court to the executive officer to be disposed of as are other receipts of the commission.

That any licensed guide who shall fail or refuse to report promptly to the commission any violation of this act of which he may have knowledge shall be guilty of a violation of this act, and in addition thereto shall have his license revoked and shall be ineligible to act as a licensed guide for a period of five years from the time of his conviction therefor or of the establishment to the satisfaction of the commission of definite proof of such offense.

SEC. 16. EXISTING LEGISLATION CONTINUED IN FORCE TEMPORARILY.-The provisions of existing laws relating to the protection of game and fur-bearing animals, birds, nests and eggs of birds in the Territory shall remain in full force and effect until the expiration of ninety days from the date of the publication of regulations of the Secretary of Agriculture adopted pursuant to the provisions of this act.

SEC. 17. DATE EFFECTIVE.—The provisions of this act relating to the creation and organization of the commission and with respect to making or adopting regulations shall take effect on its passage and approval. All other provisions of this act shall take effect ninety days from the date of the publication of regulations of the Secretary of Agriculture.

Hon. G. N. HAUGEN,

House of Representatives.

DEPARTMENT OF AGRICULTURE,
Washington, February 14, 1924.

DEAR MR. HAUGEN: I have your letter of January 24, requesting my opinion on the proposed new Alaska game law (H. R. 5949).

This proposed law would take the place of existing statutes for the protection of game and fur-bearing animals, which, owing to changed conditions, have become obsolete and practically ineffective for the adequate protection of wild life in the Territory. Furthermore, the residents of Alaska for some time have felt that they should have something to say in regard to the control of game in the Territory. This bill contains provisions to that end through the establishment of a game commission.

The salient features of the bill are:

(1) The creation of the Alaska Game Commission, to consist of five members, four of whom shall be appointed by the Secretary of Agriculture--one member from each of the four judicial divisions of the Territory-and each of whom shall be a resident citizen of the district from which he is appointed,