Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1915-08-18
MIGRATORY BIRD LAW.
Some Confusion Resulting from Con-
fiict of Federal and State Laws.


fict of Federal and State Laws.
The United States department of
agriculture has given notice that
the federal Law for the protection
OF migratory birds will be enforced.
Owing to the conflict OF the federal and
State laws regarding certain game birds
in Maine, some misunderstanding exists
among local sportsmen.
The belief prevails among some that, a.
the federal law has recently been declared
unconstitutional by the law court OF
Maine, it does not hold in this State. As
q matter OF fact, the Anal test of the con-
stitutionality Of the federal law rests with
the United States supreme court, and until
such decision is rendered, yiolators OF the
federal law in Maine are liable to prose-
cution under it. Such q prosecution
might, OF coarse, furnish another case for
the law court, but the expense attendant
upon 1t would impose Q more severe tax
upon the violator than the original fine.
Another fact which should not be Lost
sight OF is that the case upon which the
Law court Of Maine passed was not for
violation of the federal law, but for
violation OF the State Law, in which the
point was raised that the federal law
superseded and suspended the State Law
under which the respondent was con-
victed in the lower court. Thus no case
for violation OF the federal Law has been
passed upon by the highest court Of
Maine.
The feature OF the Law in which sports
men OF Hancock county are most inter-
ested is in regard to the open time for
woodcock. The federal Law makes the
open time on these birds in Hancock
county from October to December /,
while the State law makes the open time
from September Is to November IA inclu-
sive.
Thus ii will be seen that there IL lap OF
about two weeks at each end OF the season,
90 that man who hunts woodcock be-
tween September is and October 1, under
the State Law, Is violating the federal law,
and liable to prosecution under that law,
while 9 man who hunts woodcock be-
tween November II and December /,
under the open season provision Of the
federal law, is violating . State law, and
il liable to prosecution under that.
October to November IA inclusive is
open time on woodcock under both the
federal and State laws, 80 that period is
the only time during which these birds
may be hunted without the violation OF
| one law or the other.
The State fish and game commission
ers give this opinion in the pamphlet OF
game laws issued by them, in the fol-
lowing paragraph:
Therefore. open season on woodcock in the
counties of Aroostook, Washington. Hancock,
Penobscot. Piscatsqnis, Somerset, Franklin
and oxford is from October / TO November
"A, inclusive, while in the eight remaining
counties il is from October to November 30
inclusive"
Another point raised by sportsmen is
that the publication of this paragraph in
pamphlet issued officially by the State
commissioners of fish and game makes it a
State law. This is not a fact. The fish
and game commissioners have no power to
enact laws. They may pass certain orders
and regulations relating to fishing in GER
tain ponds and streams, but the power to
enact general laws rests with the Iegisla-
ture alone.
Thus, while the statement issued in the
game la pamphlet does not change the
situation. the fact remains that the man
who wishes to be safe from violation of
either the federal or State law must con-
fine his woodcock hunting to the period
between the dates named.
The federal law does not apply to the
ruled grouse, or partridge, which is not
considered a. migratory bird. The State
law alone applies to partridge. The open
season on partridge in Hancock county is
from September Is to November IA, in
elusive.