The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1914-07-30
TO SAVE MIGRANT BIRDS
Proposed Treaty with Canada to Sup
pIement Federal Game Law

Proposed Treaty with Canada to Sup
plement Federal Game Law
The efforts OF the American game
| protective and propagation associa-
tion for Il treaty between the/United
States and Great Britain for the pro-
lection of birds that migrate between
this country and Canada have an eX-
cellent prospect of success. says the
| New York Times in a recently pub
lished interview with John b. Burn
ham, president of the association. If
| this treaty is ratified it will protect
during nearly the complete line Of
their flight most of the migratory spe-
cies found in both countries. Such a
treaty would take the place of the
Weeks Mclean act, if that measure is
| declared to be unconstitutional.
The eks-McLean act, which
marks the most radical step ever tax
en- in this country for game preserva-
ton, conferred on the department of
agriculture the power to make the
game laws in the case of migratory
birds, and on October l, 1913, set of
regulations was enacted declaring the
open and close seasons in the various
states for many varieties of game
birds and perpetually forbidding the
shooting of migratory birds passing
over or at rest on any of the waters
on the main streams of the following
rivers. The Mississippi between Min
neapolis and Memphis, and the Mis-
souri,, between Bismarck and Nebras-
ka City
The fate of the Weeks Mclean act
is a question of the greatest interest
to sportsmen. It has been attacked
on the ground that it attempts an I'M
iustifable extension Of the federal
control over interstate commerce.
Attorney General Carmody in a re-
cent opinion advised the conservation
commission of New York that the act
was unconstitutional. 1t would, how
ever, be beyond the power Of any
court to declare the same regulations
unconstitutional il they were made
part of n treaty
Similar treaties will be proposed
with Mexico and South American
countries for the protection of birds,
such as the curlew, which makes
fights from the Arctic circle TO the
equatorial zone. Generous support
has been given the association, said
Mr.. Burnham, by the Canadian Off
Gals sportsmen, and conservation
lists generally while In this country
the department OF agriculture and,
every arm OF the federal government
that could be of assistance has re-
sponded promptly and efficiently
A conference was held recently in
Washington between the author Of
the original migratory bird bill
George Shiras, Sd, w. S. Haskell, gen
eral counsel for the American game
protective association, and Drs. A. X.
Fisher and T. S. Palmer represent
ing the biological survey At this con
ference the treaty with Great Britain
in its revised form was considered
and approved. The matter is now
awaiting the approval of the depart
ment of state.
As soon as this approval is given
the Canadian sportsmen and conser-
vationists will be requested To make |
suggestions and criticisms with a
view to agreeing on the final form OF
the treaty, so that its ratification can
be concluded within the next few
months The question OF the treaty
was presented originally to the Sen.
ate by Senator Root, who said. in Of |
fering the resolution
Il think that that may furnish
pathway along which we can proceed
to some practical relief in regard to |
the very urgent and very pressing
evil which the senator from Connec-
ticut described. We already have |
treaty regarding migratory fish in the !
Great lakes. and in that system OF |
waters. and it may be that under the !
treaty-making power a situation can
be created in which the government |
of the United States will have the con |
stitutional authority to deal with this
subject"
The migratory birds which the trea
~ would protect are geese, ducks, |
rail. coots. galliules, woodcock. /
brant. snipe. plover curlew and other |
varieties. The proposed treaty be-
tween this country and Great Britain
was drafted at the request OF the de-
partment of agriculture. by William |
:. Haswell of New York, counsel for |
the American game protective assoc |
iation. The proposed regulations
adopted by the depa tment OF agrioul- |
ture under the authority OF the
Mclean law were embodied in
the draft OF the treaty.