Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1901-01-10
GAME LAW OF LACEY
BY SUPPORTING STATE ACTS.
VIOLATORS' PROP is GONE
The Plea That Interstate Commerce
Rights Permit Violations of Local
Enactments Is Settled by Congress
A Lacey Century Ago Had
Been a Blessing.

The closed season for rabbits, pleas
ants, woodcock, wild turkeys, doves
and cartridges in Maryland is now on
says the Baltimore Sun, and posses.
sion of such game is illegal. The
State Game Protectice association, &C.
cording to President George Dobbin
Penniman, is not anxious to cause ar.
rests Of violators of the law, but is
anxious to have dealers and others ad.
vised that arrests will surely follow
violations.
Mr.. Penniman says that the last ap-
parent prop the violators had in de.
tense of their actions in handling
game after the season closed was the
plea that the game was killed in some
other state and that the interstate
commerce laws permitted the shipping
Of game to this city after the state law
prohibited it. He continued:
This prop was effectually knocked
from under them by the passage of the
Lacey law this year by congress, the
law having gone into effect more than
two months ago.
Had there been Lacey in con.
gress at the beginning of the present
century there would have been more
buffalo and other big game now on the
plains and in the forests.
''The Lacey law has met with gen
erdl approval. 1t does away with all
claims about interference with the in
terstate commerce provision of the
constitution. 1t declares that this pro-
vision does not apply to game, plum.
age, etc. 1t also makes it unlawful to
import birds or animals into this coun
try unless they are passed upon by the
secretary of agriculture.
"The mongoose, which has proved a
pest in the Sandwich Islands, the Ger.
man finch and other birds which have
proven nuisances in Australia and the
English sparrow which is so destruc.
tive to song birds in this country all
come under the ban. The Lacey bill
also provides for the protection of the
plumage birds.
Members of the secret service OF
the national government are busy
looking after the violators Of this
law. A case will be tried in the Grim
inal court Of Baltimore next month
against Mr.. Dumont of Baltimore, who
is charged with having in his posses
sion $500 gull skins. The penalty on
conviction is from 81 to S. for each
skin found in possession, irrespective
of where they were obtained.
'In Maryland the Lacey law is only
useful in that it gives extra strength
to the local laws. The court Of ap-
peals of this state in the case of the
State VS.. Rice and State VS.. Stevens
has decided that the local laws were
only a proper exercise of the police
power Of the state to prohibit the pos.
session or sale of game out of season
irrespective of where the game was
supposed to be killed. The court de-
cided that this was the only way to
protect native game. Massachusetts.
California, Indiana and Michigan
courts have rendered like decisions.
PENNSYLVANIA and New York courts
prior to the enactment of the Lacey
law decided adversely, the decisions
being based on the interference with
the interstate commerce laws. The
Lacey law over-rules these decisions
by virtually making new law. Al
evidence of this was lately OF
served in Pennsylvania, where a cour,
imposed heavy fine on person who
had game in possession out of season
s'The commission merchants will
have their troubles. If they refuse tC
receive game shipped by customers
out of season they may lose shipping
customer. If they accept such ship
ments they may have to pay dearly fo1
violating the law. The provisions o.
the law apply to steamboats,, railroads
and other carriers"