Can't Shoot Till October 2oth

The following letter explains more fully the matter of open season on birds, mentioned in Monday's Argus:

Portland, Mich., Sept. 29, 1902.

Dr. W. H. Hutchings, Ann Arbor, Mich.:

Dear Sir:  Confirming my telephone of even date, permit me to say that in accordance with the Attorney General's opinion this department holds that the open season on quail, partridge, woodcock and spruce hen, in the lower peninsula, is from October 20th to November 30th.

Section 10 of Act 217, P. A. 1901, which provided for the protection of these birds, as engrossed and signed by the Governor varied materially from the section as passed by both houses of the legislature, to-wit: this section as passed by both houses of the legislature provided that quail, partridge, woodcock and spruce hen could not be killed in this state save only from October 15th to November 30th, both inclusive, in each year, provided that in the upper peninsula partridge may be killed from October first to November 30th, both inclusive, in each year. While the section as engrossed and signed by the Governor provided that no quail, partridge, woodcock or spruce hen could be killed in this state save only from October first to November 30th-- thus owing to this material difference rendering the section invalid under our constitution, and under the holdings of our Supreme Court in similar cases makes inoperate the repealing clause, so far as it applies to these birds and leaves in force the law of 1899 applying thereto, which provided an open season on said birds from October 20th to November 30th, both inclusive, in each year, and also permitted the shooting of partridge in the upper peninsula from October first to November 30th, both inclusive, in each year, thus leaving so much of sections 13 and 14 of Act 159, P. A. 1897, as amended by Act 45, P. A. 1899, still in force, so far as they relate to quail, partridge, woodcock and spruce hen.

I have taken especial pains both last season and this to give publicity to my ruling, based upon the opinion of the Attorney General of the state, in effect that the season for shooting quail, partridge, woodcock and spruce hen would open October 20th and close November 30th. This ruling deprives no person of any rights, is purely in the interest of protection and should have the unqualified support of every true sportsman. In conclusion permit me to say that I shall use my best efforts to enforce this ruling until the Supreme Court shall have held that it is wrong, and will therefore prosecute any person against whom I can procure the necessary evidence, that shoots quail, partridge, woodcock and spruce hen in the lower peninsula before October 20th. I sincerely hope I may have the support of yourself and every true sportsman in your vicinity in enforcing this ruling, and that you will give as wide publicity to the facts as herein stated as possible.

Thanking you for your interest and co-operation, I remain,

Very respectfully yours,

GRANT M. MORSE, Warden.