Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-07-16
FROM
THE LAW COURT
Maine Law Concerning Killing
of Migratory Birds Not At
fected by United States Laws
Maine Central Railroad
Loses an Appeal


States had to make and enforce laws
and regulations concerning the killing
of migratory game birds became sus-
pended and imperative by reason OF
the Act of Congress Of March 4. 1913.
and the regulations adopted there
under is not supported by the law
court of this State in a rescript handed
down in Hancock County case.
which will be Of great interest to
sportsmen..
The case is entitled State vs. Ches-
ter Sawyer, and the respondent was
tried before the Bar Harbor Municipal
Court and found guilty Of shooting
two migratory game birds or wild
ducks on Sunday, October 4. 1914, in
violation Of the provision Of the Fish
and Game Laws of the State of Maine.
He appealed and the case is reported
to this court on an agreed statement
Of facts.
1t is not contended that the respond
ent did not violate a law OF the State
prohibiting killing of wild ducks, but
1t is claimed however, that any power
which the States had to make and
enforce laws and regulations concern
ing the killing Of migratory game
birds became suspended and inoper-
alive by reason of the Act of Congress
of March 4, 1913. and the regulations
adopted hereunder.
Held:
/. The Federal Government is one
of enumerated powers, possessing such
powers only as have been actually
granted to it, and all other powers of
legislation, though not enumerated and
defined, because it was unnecessary
and perhaps inexpedient that they
should be. were retained by the states
and remained in the states after the
adoption Of the Federal Constitution
as before. except so far as they were
abridged by it.
2. Before the Federal Government
was created the states had the right
to exercise almost every legislative
power, and among them. unquestion-
ably. that of establishing laws and
regulations for the preservation of the
wild game within their borders for the
common good of their people. doc
trine which seems never to have been
QueStlOueu III any JuilSulClIoII.
g. The Act of Congress of March T.
1913, c. AS, providing that migratory
birds shall hereafter be deemed within
the custody and protection of the Gov
eminent of the United States, and
shall not be destroyed or taken con-
trary to regulations which the Depart
ment Of Agriculture is thereby au-
thorized and directed to adopt, is not
authorized by the commerce clause OF
the Federal Constitution which pro-
vides that Congress has power "To
regulate commerce with foreign ma
tons, and among the several states
and with the Indian tribes"
a. Nor is said Act Of March 4th
1918. authorized by the general well
fare clause of the Federal Constitu-
ton, which provides that Congress
shall have power to make all needful
regulations respecting the territory OF
other property belonging to the United
States, as the Federal Government
has neither title nor property right in
wild game within state, but all ami
mails, ferae naturae and wild game
within a state belong to the state ir
trust for the people Of the state. and
the state has the authority to legislate
for it's protection and preservation fol
the common good.
5. Our conclusion, therefore, Is thai
the power Of the State of Maine to en-.
act laws and regulations for the pro
| lection and preservation Of wild game
| within her borders, including migra
tory game birds, was in no way sus.
pended or abridged by the Act OF
Congress Of March 4th, 1913, and the
regulations adopted hereunder.
| 6. There is no merit in the respond
| ents suggestion that because thu
| warrant against him in this case wa.
| directed to fish warden and served
by him the proceedings were defective
Judgment Of the Lower Court at
| 6pv,ood