The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-12-05
Prairie Hens and the Federal Constitu-
ton.

The relation which the Constitution Of the
United States bears to prairie chickens Is
not apparent at first thought. The Supreme
Court of Kansas, however, has lately made
il plain that such n relation exists. and that
it is one of no slight Importance. 1t arises
out of the effort which has been made in
that State to prohibit the export of game.
An act of the Legislature of Kansas
passed last year made it a criminal offence
for any person, railroad corporation, cx-
press company, or common carrier, To ship
or transport, or receive for transportation
or shipment, in or out Of the state of Kan
sas any prairie chickens or other animals
mentioned in the act. 1t made no difference
between animals which had been lawfully
killed. and those killed in violation Of law.
Under this statute an agent of the Adams
Express Company was prosecuted for ship
ping four prairie chickens from Columbus,
Kansas. to Chicago, Illinois. They had
been killed at Il season and in II manner per-
mttcd by the game laws.
There was judgment against the defend
ant. He then appealed To the Supreme
Court Of the State. contcnding that the
statute was unconstitutional and void, be-
cause it violated the provision Of the Con-
stitution of the United States which gives
Congress the power to regulate commerce
among the several States.
This provision has often been considered
by the Federal courts, and their decisions in
regard to its application have not always
been harmonious or uniform. Unless thu
subject Is one upon which Congress has leg
islatcd, it appears to be established by the
weight of authority that n state may prop
erly make many laws whCsc remote or indi-
rect effect is TO interfere somewhat with in
ter-Statc commerce; as where, for example,
| the killing % certain kind Of game Is who'll
ly forbidden at all seasons. The effect of
srch prohibition is to prevent the export
| of that kind Of game 50 long as the statute
continues in force. 1t limits outward traffic
in that article for the time being; yet it is
probably not such direct interference with
commerce a. must be held unconstitutional.
On the other hand, the courts have agreed
| in maintaining that no State law Is valid,
under the Federal Constitution, which di-
rcctly ntcrieres with the free transporta-
ton from State to State of any article which
Is. or may be-, a proper subject of commerce.
! The rule is the same whether there has
boon Congressional legislation on the cub
jet matter or not; direct interference will
not be tolerated.
Following these prcocdcnts, the Supreme
Court Of Kansas held that the act OF this
Legislature under which the express agou'
had been convicted, was an att -
,orrero di.ootl,. with com, apt 10 in
CT. 7, no., ,h,. -.ucrcc between IN,
49,, i,,l,.,,',,.. .cIore declared void. an,
ma -, founded upon it was reversed
- case is II striking example OF that i'm
mediate application Of the national Consti
tuition TO the common affairs OF men il
everyday life, which is "A popularity q
American Jurisprudence 1t is intercstin.
not only on this account, but also AZ Illus
tratng how various and apparently insig
niilcant may be the subjects to which con
stitutionsl principles are applicable.