Matter of Application of Mascolo

Petitioner was arrested and held upon a warrant charging him with a violation of the provisions of section 636½ of the Penal Code.

Section 25½ of article IV of the constitution, which was adopted in 1902, provides: “The legislature may provide for the division of the state into fish and game districts, and may enact such laws for the protection of fish and game therein as it may deem appropriate to the respective districts.” Pursuant to this provision the legislature adopted an act, approved March 21, 1911 (Stats. 1911, p. 425), entitled: “An act to divide the state of California into six fish and game districts.” In 1913 this act was amended by an act approved June 16,1913, entitled: “An act to amend an act entitled ‘An act to divide the state of California into six fish and game districts, ’ approved March 21, 1911, by adding a new section thereto.” (Stats. 1913, p. 988.)

Petitioner attacks this act claiming that it is unconstitutional and void. According to-the title, the only change proposed in the amendment was the addition of a new section to the act of 1911, otherwise leaving it as originally enacted. Instead of merely adding a new section, the bill purports not only to…