Penalty for vio part of this section, save only between the first day of May Hook and line fishing only for brook trout. Hook and line and spear for all other fishing, fish in Lake Su except white perior. Fish berries, dynamite, etc.. prohibited. lation. SEC. 19. No person shall at any time catch or kill any speckled, river or brook trout in any other manner than by angling for them with a hook and line. No person, except United States and state fish commissioners, shall at any time take, catch or kill any fish of any kind, except white-fish, from any of the waters in the state of Minnesota, excepting Lake Superior, in any other manner than angling for them with a hook and line or spear. No person shall at any time put into any waters within the state of Minnesota any fish berries, dynamite or any deleterious substance whatever, or explode any dynamite therein, with intent to kill or take fish. Any person or persons offending against any of the provisions of this section shall be guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine of not less than fifty (50) dollars nor Penalty for viomore than one hundred (100) dollars, and by the forfeiture of any device, implement or substance used in the commission of the offense, together with the costs of prosecution. SEC. 20. No person shall break up or destroy, take away or in any manner interfere with any nest, or the eggs therein, of any woodcock, snipe, quail, partridge, ruffled grouse, prairie chicken, pheasant, plover, or any species of wild duck, wild goose or brant, nor sell or expose for sale any of such eggs, nor have any of the same in his possession for any purpose. Any company or corporation, and every employe or agent of the same, shall be deemed persons offending against any provisions of this section,' shall be guilty of a misdemeanor, and, upon conviction, shall be punished by a fine of not less than ten (10) dollars nor more than one hundred (100) dollars, and by the forfeiture of such eggs in his or their possession, together with the costs of prosecution. Eggs or nests of wild fowlpenalty for injuring or de stroying. Harmless birds SEC. 21. No person shall kill, cage or trap any whippoor-will, night-hawk, blue-bird, finch, thrush, lark, to be protected. linnet, wren, martin, swallow, bobolink, robin, turtle-dove, cat-bird or any other harmless bird not elsewhere mentioned in this act, excepting black-birds, sparrows and wild pigeons. Any person or persons offending against the provisions of this section shall be punished by a fine of lation. not less than ten (10) dollars nor more than fifty (50) dollars, or the forfeiture of any gun or guns, cage, trap, net or other device or sporting implement in his or their possession, together with the costs of prosecution. Penalty for vio Selling of game or fish in close season. SEC. 22. No person shall sell any game or fish which has been taken or captured in the state of Minnesota at any of the times or during any of the periods when the taking or capturing of such game or fish is prohibited by the provisions of this law or any of the laws of this state. No keeper of a hotel, restaurant or boarding house shall by hotel keepers serve to any of his guests any such game or fish during any of the said periods when the taking of the same is prohibited by the laws of this state. Serving of same out of season. Consignees of game or fish in close season to report same to officers of law. Game warden or other officer to take possession of game or fish out of season. Wanton destruction or wasting of game or fish. Game or fish taken in excess of immediate Any person offending against the provisions of this section shall, upon conviction thereof, be deemed guilty of a misdemeanor and be punished by a fine of not less than ten (10) dollars nor more than fifty (50) dollars and the costs of prosecution for each and every offense. SEC. 23. Whenever any game or fish, during the period of time when the taking of the same is prohibited by the laws of this state, is received or comes into the possession of any person or persons, or corporation, for or on account of or to be held subject to the order of any other person, persons or corporation, the person or corporation so having the same in custody or possession shall at once report the same to a game warden or to a sheriff, constable or police officer, immediately, and such sheriff, constable or police officer shall report to game warden or deputies; and any person or corporation failing to make such report immediately upon receipt of such game or fish, shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not less than ten (10) dollars nor more than fifty (50) dollars and costs of prosecution for each and every offense. SEC. 24. Any game warden or other officer of the law may at any time seize and take into his custody any game or fish, or any carcass thereof or any portion of same, which he may find at any time in the possession of any person or corporation during the period when the capture of such game or fish is not permitted by the laws of this state; Provided, That this section shall not apply to any stuffed carcass or stuffed heads or skins of animals, which was taken or captured during the season allowed therefor. SEC. 25. The wanton destruction or the wasting of the game and fish of this state during any period of time when the taking or capture of such game or fish is permitted, is hereby prohibited and declared a misdemeanor; and any person who shall at any time take, capture or destroy any game or fish in excess of the number or quantity thereof which he can immediately use for food purposes shall be food uses, a mis- deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than ten (10) nor more than fifty (50) dollars and costs of prosecution for each and every animal, bird or fish which he may take or destroy contrary to the provisions of this section; Provided, That not more than twenty-five (25) birds shall be killed by any one gun in one day. demeanor. SEC. 26. In any prosecution or judicial proceeding under the provisions of this law or any other law of this state for the protection and preservation of the game and fish there of, any participant in any violation of such law shall be allowed to testify as a witness therein against any other person without criminating himself. SEC. 27. All fishways heretofore or hereafter erected in any dam or dams across any of the streams for this state shall be at all times under the supervision and control of the board of game and fish commissioners. SEC. 28. Every artificial obstruction built upon and across any river, stream or watercourse in this state in which, before the building of such obstruction, fish were in the habit of passing between the waters below and the waters above the location of such obstruction, shall be provided by the owner or occupant of such obstruction with a durable and suitable fishway for the passage of fish, of such form and capacity and in such location as may be determined by the board of game and fish commissioners, who, when they shall have determined upon the form, capacity and location of any such fishway, shall give written notice thereof to one of the owners or occupants of the obstruction over which such fishway is to be built, and require the same to be built within a time to be therein specified. Participants in violation of law witnesses. may testify as Fishways to be under control of commissioners. Artificial ob structions to be provided with fishways. Fishways to be under control of commissioners. SEC. 29. After the completion of any fishway to the satisfaction of the board of game and fish commissioners, the owners or occupants thereof shall change, alter or repair the same whenever so required by said board, and shall keep the same open and free from obstructions to the passage of fish, in such manner and during such period as the said board may require; and if no period shall be specified by such board, every such fishway shall be kept open When to be kept and free from the first (1st) day of April to the first (1st) day open. of October in each year. Every person who shall fail or neglect to comply with any of the provisions of this or the preceding sections, or with any lawful requirement of the board of game and fish commissioners in the premises, or shall neglect to build and complete to the satisfaction of said board, within the time specified by them, any fishway which may be required by said board, shall be fined not less than five (5) nor more than twenty-five (25) dollars for each day of such neglect. SEC. 30. Every person who shall at any time take or capture any fish from any stream or water within four hundred (400) feet of any fishway, shall be guilty of a misdemeanor, and, on conviction thereof, shall be fined not less than twenty-five (25) or more than one hundred (100) dollars, together with the costs of prosecution. Penalty for tak ing fish near a fishway. Fines under this SEC. 31. All fines collected under the provisions of this act shall be paid into the state treasury, and be placed to act. the credit of the board of game and fish commissioners, to be expended by them in the discharge of their duties and the enforcement of the provisions of this act. Privilege of fish and game commissioner to buy SEC. 32. The board of game and fish commissioners shall have the right at any and all seasons to buy, in any out of season for place or from any person, any animals, birds, fish or spawn stocking. or eggs that may, in their judgment, be required for the purpose of stocking any of the fields or waters of this state, anything in this act to the contrary notwithstanding. Annual appro SEC. 33. The sum of ten thousand (10,000) dollars annupriation, $10,000. ally is hereby appropriated for the purpose of the maintenance and enforcement by the board of game and fish commissioners of the provisions of this act, to be paid for such purpose out of the moneys in the treasury not otherwise appropriated. Repeal of act board of fish commissioners. SEC. 34. Sections one hundred and three (103), one creating former hundred and four (104), one hundred and five (105), and one hundred and six (106) of Chapter six (6) of the General Statutes of eighteen hundred and seventy-eight (1878), and Chapter twenty (20) of the General Statutes of eighteen hundred and seventy-eight (1878), and Chapters two hundred and five (205), two hundred and six (206) and two hundred and seven (207) of the General Laws of eighteen hundred and eighty-nine (1889), are hereby repealed. Repeal of all previous game laws. SEC. 35. This act shall take effect and be in force from and after its passage. Approved April 20, 1891. CHAPTER 10. [H. F. No. 304.] Pools and trusts. AN ACT TO PROHIBIT POOLS AND TRUSTS IN THE STATE OF MINNESOTA. Prohibition of any combination to regulate prices. Be it enacted by the Legislature of the State of Minnesota: SECTION 1. If any corporation organized under the laws of this state or any other state or country for transacting or conducting any kind of business in this state, or any partnership or individual shall create, enter into, become a member of or a party to any pool, trust, agreement, combination or confederation with any other corporation, partnership or individual to regulate or fix the price of oil, lumber, coal, grain, flour, provisions or any other commodity or article whatever, or shall create, enter into, become a member of a party to any pool, agreement, combination or confederation to fix or limit the amount or quantity of any commodity or article to be manufactured, mined, produced or sold in this state, shall be deemed guilty of a conspiracy to defraud, and be subject to indictment and punishment, as provided in the next section. lation. SEC. 2. Any person or corporation found guilty of a Penalty for vioviolation of this act shall be punished by a fine of not less than one hundred (100) dollars, nor to exceed five thousand (5,000) dollars, and stand committed until such fine is paid. SEC. 3. Upon the trial of an indictment against a corporation or a copartnership for a violation of the first section of this act, all officers and agents of such corporation or copartnership shall be competent witnesses against the defendant on trial, and such officers and agents may be compelled to testify against such defendant and produce all books and papers, in his custody or under his control, pertinent to the issue in such trial, and shall not be excused from answering any such question or from producing any books and papers because the same might tend to criminate such witness; but nothing which such witness shall testify to and no books or papers produced by him shall in any manner be used against him in any suit, civil or criminal, to which he is a party. SEC. 4. All acts and parts of acts in conflict with this act be and the same are hereby repealed. SEC. 5. This act shall take effect and be in force from and after its passage. Approved April 20, 1891. CHAPTER 11. [S. F. No. 467.] Who are compe tent witnesses to testify. AN ACT RELATING TO THE SALE OF IMITATION BUTTER. Imitation but Be it enacted by the Legislature of the State of Minnesota: ter. Must be colored SECTION 1. Whoever, by himself or his agent, shall sell, expose for sale or have in his possession with intent to sell, pink. any article or compound made in imitation of butter or as a substitute for butter, and not wholly made from milk or cream, and that is of any other color than bright pink, shall be subject to the payment of a penalty of fifty (50) dollars, and for a second and each subsequent offense, a penalty of one hundred (100) dollars, to be recovered with costs in any court in this state of competent jurisdiction. SEC. 2. Samples or specimens of any articles in imitation of butter, suspected of being of a spurious character, shall be analyzed or otherwise satisfactorily tested as to color and compounds; and a certificate of the analysis, sworn to by the analyzer, shall be admissible as evidence in all prosecutions under this act. SEC. 3. The having in possession by any person or firm of any articles or substance prohibited by this act Certificate of tent evidence. analysis compe |