Excerpt from Report of the Department of Fisheries: From December 1, 1910, to November 30, 1911
Neither the conduct of the warden or the defendant can be com mended, and whilst the evidence has convinced us of the technical guilt of the defendant, we do not feel as though under all the circum stances as disclosed by the evidence we should impose upon the de fendant so large a penalty of one hundred dollars and costs, yet the act imposes no other penalty, nor have we any discretion as to the amount of the penalty. We are inclined, however, to follow the case of Comm. Vs. Souder, above referred to, which was a case very much like the one in hand. The costs of the case including the costs of the witnesses will be considerable, and the payment of this alone we are satisfied will admonish the defendant of being more careful in the future and to keep better control of his temper in dealing with the officers Of the law.
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