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within which a conviction has been had can not legally remit any portion of the fine imposed.

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Actions under game and fish law must be brought within six years. Section 2900, 2 M. A. S.

April 28, 1906.

HON. J. M. WOODARD,

Game and Fish Commissioner,

State Capitol.

Dear Sir-In reply to your inquiry as to the length of time within which a civil action must be brought under the game laws for the recovery of possession of game illegally taken or held, or for the value of such game, I am of the opinion that such actions should be construed as being governed by the sixth clause of 2 M. A. S., 2900, which reads:

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"The following actions shall be commenced within six years after the cause of action shall accrue and not afterwards. Sixth-All actions of replevin and all other actions for taking, detaining or injuring goods or chattels."

Respectfully submitted,

N. C. MILLER,

Attorney General.

By I. B. MELVILLE, Assistant Attorney General.

GAME AND FISH DEPARTMENT.

Game and Fish Commissioner has no authority to issue a lake license for waters not on lands helds by private ownership, or held under the laws relating to reservoirs or irrigation.

May 4, 1906.

HON. J. M. WOODARD,

State Game and Fish Commissioner,,

Denver, Colorado.

Dear Sir-In reply to your request for an opinion from this office, as to whether or not you have the authority to issue a lake license to private persons not the owners or lessees of the land upon which the lakes are situated, I beg to advise you that division C of the game laws provides for the licensing of public and private parks, lakes and preserves and designates which of these shall be public and which private, and sections 4 and 23 of said division state that such a license shall only include the waters upon lands held by private ownership or under the laws relating to reservoirs or irrigation.

In accordance with the plain provisions of this law, there. fore, you can only issue licenses for waters upon lands held by private ownership, or under the laws relating to reservoirs or irrigation.

Respectfully submitted,

N. C. MILLER,

Attorney General.

By I. B. MELVILLE, Assistant Attorney General.

GAME AND FISH.

Game and Fish Commissioner can not abandon site for hatchery and select site for a new hatchery unless authorized by the Legislature.

HON. A. E. BENT,

May 16, 1906.

Auditor of State,

Denver, Colorado.

Dear Sir-I have your letter of May 14th, enclosing a communication received by you from the Game and Fish Commis

sioner, relative to the right to use $1,191.91, now standing to the credit of the maintenance fund of the Routt County Hatchery for the biennial period of 1905 and 1906, for the purpose of moving such hatchery from its present location to a point within the town of Steamboat Springs.

The communication from the Game and Fish Commissioner shows the desirability and advantage of the proposed change. It therefore is to be regretted that it is not within the power of the Game and Fish Commissioner to do as he thinks for the best interests of the State.

"That there is hereby appropriated, out of any money in the State treasury not otherwise appropriated, the sum of twentyfive hundred dollars for the purpose of purchasing a site for a branch State fish hatchery in the county of Routt, to be selected by the State Fish Commissioner, or by the officer who shall discharge the duties heretofore discharged by the State Fish Commissioner, and for the erection and stocking of said hatch

ery."

3 Mills (Revised), section 1963u.

"The said Fish Commissioner shall, within sixty days after this act shall take effect, select a site for said hatchery at Steamboat Springs, Routt county, Colorado."

3 Mills (Revised), section 1963v.

The latter section provides that the Fish Commissioner shall, within sixty days after the act takes effect, select a site, and after he has selected a site it becomes the property of the State, and the sum of money placed at his disposal for this purpose is expended, the trust is executed and the official power of this officer in that regard is discharged and terminated. He has not the power later to select a new site and expend an additional sum of money unauthorized by the Legislature for the purchase of a new site.

It will require an act of the Legislature to authorize the Game and Fish Commissioner to abandon the old site, when once selected, and to purchase land again for the benefit of the State and expend its money therefor.

None of the boards or officers of the State of Colorado have the right to purchase land unless authorized by the State, and then they may only do so in the particular manner pointed out by the statute authorizing them; and when the duty is once discharged the power is at an end.

Yours truly,

N. C. MILLER,
Attorney General.

GAME AND FISH.

One-fourth of each license fee collected by the county clerk can be retained by him.

January 19, 1905.

HON. J. M. WOODARD,

State Game and Fish Commissioner,

State Capitol, Denver.

Dear Sir-In reply to your request for an interpretation of section 6, division G, of the game laws, I beg to advise you that the wording of this section provided that a fee of one dollar shall be charged for issuing a license by the county clerk, one-fourth of which shall be paid by him into the general fund of the county, one-half to you as Commissioner, and one-fourth shall be retained by him as his compensation "for filing the application, issuing the license, keeping a record thereof, making a report as hereinafter provided, and all other services connected therewith."

You say that certain counties claim not only the fee al lowed to them by this statute, but also contend that the county clerk must turn the fee apportioned to him into the county fund, the same as other fees of his office.

While it is true that the county clerk is a county officer, whose salary and fees are regulated by law for his services, rendered in that behalf, this section imposes other and different duties upon him, entirely foreign to those of his regular duties as county clerk, and for such services one-fourth of said fee is allowed him.

That this was the intention of the Legislature in passing this law, is not only shown by the wording itself, above quoted, but it is further shown by the balance of the section which provides that "one-fourth shall be by him paid into the general fund of his county, thus providing for the distribution of the entire fee of one dollar, and one-half paid over by him to the Commissioner," by allowing one-fourth to the clerk, one-fourth to the county and one-half to the Commissioner. Whereas, if the contention should prevail that he must turn the one-fourth allowed to himself into the county fund, the county would be receiving one-half of such fee, which would be contrary to the express provision of this section.

I am, therefore, of the opinion that one-fourth of each license issued by said county clerk should be retained by him,

over and above his regular salary received as county clerk and recorder of his county.

Yours truly,

N. C. MILLER,

Attorney General.

By I. B. MELVILLE,

Assistant Attorney General.

GIFT ENTERPRISE.

The Legislature can not make something a gift enterprise which is not fairly within the meaning of that expression. The Legislature can not deprive a person of the right to handle his property as he sees fit and to conduct his business in any enterprising manner he may devise, unless in doing so he violates the liberty and rights of others.

April 14, 1905.

HON. JESSE F. McDONALD,

Governor of Colorado,

State Capitol.

Dear Sir-In compliance with your request, I return herewith Senate Bill No. 202, with my opinion thereon, as follows: The gist of this bill is as follows:

Section 1. It shall be unlawful for any person, etc., to en gage in or patronize any gift enterprise of any nature, or to sell, give, receive or exchange gift enterprise tickets or stamps.

Sec. 2. The term "gift enterprise" is defined to include the selling or giving by any person to another person, in consideration of the purchase of any goods, any ticket or stamp which entitles the recipient to demand or receive any goods undetermined or unknown to the purchaser at the time of the receipt of the ticket or stamp.

Sec. 3. The term "gift enterprise" shall include the receipt or acceptance by a purchaser of goods of any ticket or stamp which entitles such purchaser to demand or receive or exchange any article of goods, undetermined and unknown at the time of the receipt of the ticket or stamp.

Sec. 4. The term "gift enterprise" shall include the ex change of any article or goods for any ticket or stamp in consid eration of the purchase of goods, wares or merchandise to be so exchanged, it being indefinite and unknown to the purchaser at the time of the receipt of the stamp.

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