The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-03-05

gave evasive questions and FEW de-
malls and sought to ridicule the idea,
but the warden insisted that they were
carrying game and demanded that the
cases be Opened for inspection.
DEMURRED AND PROTESTED.
They demurred and protested but,
finally, when appealed to as gentlemen
and good citizens to recognize the au-
thority of the law without making 1t
necessary to- use force they gave UP
their cases and the keys to them. AS
the warden had suspected, every pack
age was jammed full of dead bfffs,
native and English pheasants pre-
dominating.
1t was contrary to the law to kill
English pheasants in Pennsylvania last
year. The United States law, the Lacey
bill, makes it penal offense to take
out of any state any game. killed In
violation of local law of that state.
The warden notified the party that they
were under arrest for violation of the
Lacey law, and after taking their busi-
ness cards and securing their word
that they would enter bail before
stipulated justice Of the peace at Mill
ford, Pike county, allowed them to take
the train for home.
They sent an attorney and bondsman
to Milford few days later. gave bail
for their appearance and proceeded to
prepare defense.
The case was set down for the Har-
risburg session, but at the request OF
the defendants was continued to
Scranton. All were on hand, yesterday,
and with them as leading counsel was
ex-Attorney-Ge General Fitzpatrick, of
Easton, who was the head of the
state law department during Governor
Beavers term, 1SS7-1S91, and who prior
to that was president judge of the
Third Judicial district. Attorney c. w.
Bull of Milford, assisted him.
GOVERNMENTS SIDE.
On the governments side, assisting
United States Attorney S. j. M. Nc
Carroll, were Robert p. Snodgrass, of
Harrisburg, and Hon. John S. Wise. OF
New York, former congressman from
Virginia, son of Ex-Governor Harry A.
Wise, of Virginia, and valiant officer
of the southern confederacy. Inc
United States governments special rep
resentative to attend the trial is T. S.
Palmer, of Washington, who for years
has been connected with the depart
ment of fish and game.
The flood-belated court attaches, jur-
ors and litigants were all on hand, yes
terday, and after the grand jury had
been charged and sent out, the consid-
GRAFTON of the Blooming Grove case was
at once taken up. BY noon time four
of the seven indictments had been re-
turned true bills and the trial of the
case was proceeded with. The jury
was drawn, and without waiting for
return on the other three cases, the
four defendants first indicted were ar
ragned These We're Messrs Smith,
Kuser, Barry and Kuser.
Much to the disappointment of those
who We're looking on, in expectation OF
an interesting trial, the case has gone
over. The defense entered a demurrer
to the indictments, and, after hearing
arguments for three hours, Judge Arch
bald decided to continue the case, and
deliberate at leisure on the motion to
quash the indictments.
Nineteen reasons We're advanced in
the attack on the indictments General
Fitzpatrick spoke for nearly two hours
in presenting and celebrating on these
reasons, and made remarkably in
teresting argument. United States At
torney McCarrell. General Wise and
Mr.. Snodgrass spoke in support of the
indictment.
ONE OF THE REASONS.
One OF the reasons assigned against |
the indictment was that the Lacey BILL |
on which it is founded, is unconsttu-
tional because it attempts to impose a |
police regulation in a state, under the |
guise of an interstate commerce regu- |
lation, and thereby is an invasion of |
state rights.
In replying to this argument, General |
Confederate officer and son of |
a southern governor-turned to General |
Fitzpatrick and said: Strange, in |
deed, are the changes made by the |
whirligig of time. General Fitzpatrick |
gives me a new sensation. The grave |
alarm he voices over the consequences |
of the United States invading state |
rights calls for some comment. | will |
now proceed to defend the United |
States against the accusation of invad- |
ing state rights"
Even the added dignity inspired by |
silken gown failed to restrain the court
from joining heartily in the general
laughter.
In his argument attacking the indict-
ment General Fitzpatrick said that if
the defendants are indictable at all, it |
is for shipping game out of the state
without having the packages plainly
marked as to their contents. and on
this count the indictment can not pre-
vail, as the defendants did not COM
plete the act of shipment. The law only
the penallzing of con-
shipment, the actual carry
ing of game out of the state, or the
actual delivery of the same to a carrier
In the common law, the intent to COM
init an indictable offense is, itself, in
In the federal courts, how
ever, intent is only an offense when
specified. These defend
ants might have prepared to Ship and
had the intention of shipping up to the
very moment of their arrest, but prep
lration and intent are not n crime in
this instance, because the law does not
specifically make them such.
AS TO STATE RIGHTS.
Then General Fitzpatrick assailed the
of the Lacey law,
1t as an invasion of state
fights The state must police it's own
he went on to say. The fed
eral government has no authority to
make police regulations for state or
10 ala state in local police regulations.
The Lacey law attempts to aid in state
police legislation, under the guise of its
interstate commerce powers of legis-
alton, and in doing so, is guilty of an
improper exercise of federal legislative
power