Evening journal., 1913-12-02
MIGRATORY
BILL A LAW
U. S. Assistant Attorney Gen.
eral Says Federal Law VIII
be Enforced in New York
STATES ATTORNEY
ATTACKS THE ACT

In reply to the letter to him recent
ly given to the press by Attorney
General Carmody. Of New York. DR..
William T Hornaday has posted the
following
Hon. Thomas Carmody.
Attorney-General for New YORK.
Dear Sir
have carefully considered your
courteous letter of November 14th.
regarding the status Of the Federal
migratory bird law in this State
Our State Conservation Commission
made an unfortunate tactical error
in officially questioning the validity
4 OF statute which member of that
body officially besought Congress TO
create. II the Mclean bill foreshad-
owed faulty law. the Conservation
Commission never should have pro-
NOTED It's passage into law Having
/ appealed to Congress to enact the
law March 6. 1879, and vouchod for
the virtue and the necessity of the
measure, the people of this State
naturally expected that our Commits
sioners would cordially and earnest
ly support the law when enacted
Our Commissioners asked you the
following question. rs the open sea-
son for migratory game in the State
OF New York controlled by the en-
closed Federal regulation or by the
Conservation law of the State of New
York;"
When you replied with an opinion
hot
tional, and therefore imperative in
this State, your action was intended
10 have the effect Of setting aside the
operation Of a Federal statute. with
out previous recourse to any court
OF law. Surely IL requires no legal
acumen to conclude that If State
Attorney General can by the writ ng
OF an official opinion set aside a
Federal statute, then no Federal
statute is safe. In any State. As a
layman, the logic of common sense
pointed to me the conclusion that
nothing less than a Federal court can
set aside or nullify a Federal statute.
regret TO observe that I'm your let
ter TO me of November 14th, you re-
Ter to your opinion. as follows:
1t viii be followed by the Conser-
walton Commission. and its enforce
ment viii be insisted upon by me
/ throughout this State The fact that
4 IL IS Federal statute that is involv-
ed does not lessen the force of my
opinion"
In the beginning, I assumed that
! the National Government will enforce
the terms OF its migratory bird law
IN this State, whether our Conserva-
tion Commission co-operates or not.
Desiring, however. to be well ground
ed in that belief. ! referred the mat
ter to the Attorney General of the
United States, and requested informa-
ton
Promptly received from the As
sistant Attorney-General. Mr. Ernest
knaebel. a letter which closed with
the following statement:
1t goes without saying that the
Attorney y-General of the State OF New
York cannot prevent the enforcement
of Federal statute. and il is not to
be assumed that he has attempted to
do anything of that kind
In view of the foregoing and OF the
further fact that officers OF the Uni
ted States Government are now ac-
tually looking ater the enforcement
of the migratory bird law in the State
of New York. il seems very desirable
that the public should be informed
that at present and until II is set
aside by the United States Supreme
Court. the Federal bird law on our
statute books.
/ still maintain. therefore. that
/ your opinion on this law has no bind
ing effect on any officer whose duty
II Is to enforce il; because the law
/ has defacto existence. Surely no
argument is necessary to convince
you that every law is in force until II
is regularly and adequately repealed
or set aside by formal process from
! the bench.
You say Should you decide TO un-
dertake TO enforce this act we can
soon test its validity by legal pro-
ceedings. and in this I should be very
glad 20 cooperate with YOU"
In reply TO this invitation. / must
] say that SO long as the United States
Government undertakes to enforce
the act, | am not at all disturbed re-
garding its validity and no act oil
mine ever shall render the best bird
law now in force an object of suspi-
cion or attack. II we should eventu-
ally see that law attacked by the At.
torney-General of the State whose cit
izens did so much of the work that
brought that law into existence, il
would be a saddening spectacle.
I'm this connection there is one
prospect of which YOU may be sure
II any man. or body OF men. ever
makes an attack on the migratory
bird law in the name of the State
Of New York. that action will give
grave offense to all The real friend:
OF wild life throughout this State.
The State Attorney-General OF Utah
has expressed the opinion that wheth'
er the bird law is unconstitutional OF
not. IL is TO-DAY the supreme law oi
the land. and as such Il must be en-
forced until Il is either repealed OF
set aside by court fully competent
to pass upon il. The State Game
Commission of New Jersey has Gale,
upon all its officers and wardens e
aid the National Government in en-
forcing the terms of the act; and al
the opinions Of the press that have
seen thus far disapprove the actor
that you now propose TO take.
From all the foregoing, / am NOR
certain than before that your attitud'
toward the Federal law is both erron
eous and unfortunate.
Yours very .ruly
W. T. HORNADAYs
From W T. Hornaday.