Dieterich v. Fargo, 194 N.Y. 359 (1909)

When interpreting a statute, the court must ascertain and give effect to the intention of the legislature, considering the language used, the purpose of the law, and the mischief it seeks to remedy; however, courts cannot add exceptions to a statute where the legislature has not explicitly provided them.

Summary

This case concerns the interpretation of a New York statute prohibiting the transportation of deer. The plaintiff sought to ship deer raised on his private park, arguing the law only applied to wild deer. The Court of Appeals held that the statute’s prohibition against transporting deer did not apply to deer raised in private parks for commercial purposes, as the legislature’s intent was to protect wild deer populations from over-hunting. The court reasoned that the statute aimed to eliminate the market for illegally killed wild deer, and transporting lawfully owned, tame deer did not undermine this purpose.

Facts

The plaintiff owned a private park where he raised deer for commercial purposes, specifically for sale as venison.
He delivered several deer carcasses to the defendant, a common carrier, for transportation.
The defendant refused to transport the deer, citing Section 81 of the Forest, Fish and Game Law, which prohibited common carriers from transporting deer or venison.
The plaintiff argued that the statute only applied to wild deer, not those raised in captivity for commercial purposes.

Procedural History

The trial court ruled in favor of the defendant, finding that the statute prohibited the transportation of all deer, regardless of whether they were wild or tame.
The Appellate Division reversed the trial court’s decision, holding that the statute did not apply to deer raised in private parks for commercial purposes. Dieterich v. Fargo, 119 A.D. 315 (1907).
The Court of Appeals affirmed the Appellate Division’s decision.

Issue(s)

Whether Section 81 of the Forest, Fish and Game Law, which prohibits the transportation of deer, applies to deer raised in private parks for commercial purposes.

Holding

Yes, in the negative. The prohibition against transporting deer does not apply to deer raised in private parks for commercial purposes because the legislature’s intent was to protect wild deer, and this does not include lawfully owned deer intended for commercial purposes.

Court’s Reasoning

The court emphasized the importance of ascertaining the legislature’s intent when interpreting a statute. It noted that the primary objective of the Forest, Fish and Game Law was to protect wild game from depletion due to over-hunting.
The court reasoned that the prohibition on transporting deer was intended to eliminate the market for illegally killed wild deer. Transporting deer raised in private parks, which were lawfully owned and raised, did not undermine this purpose. The court stated, “In order to arrive at the intention of the lawmakers it is proper to consider the mischief sought to be remedied by the statute.”
The court found it significant that the statute made an exception for a single deer carcass when accompanied by the owner, suggesting that the legislature was primarily concerned with commercial trafficking in illegally obtained wild deer.
The court distinguished between wild and privately-owned deer, stating that the rationale for restricting the transportation of wild deer did not apply to deer raised and possessed as property. The court reasoned that “the object of the statute is to protect wild deer, not to interfere with private property.” Therefore, the general language of the statute should be interpreted in light of this objective.
The dissent argued that the statute should be interpreted literally to include all deer, regardless of whether they are wild or tame. The dissent feared that allowing the transportation of tame deer would create a loophole that would make it easier for poachers to transport and sell wild deer illegally. The dissent stated, “The statute should be construed in the light of the evil it sought to remedy, and when it says that deer shall not be transported, making no exception of tame deer, I think it means all deer.”