Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1915-07-21

Ia
" sr.l Law is Unconstitutional.
hancock county game case, SUBJ
- the law court on agreed state
nn' md involving the federal law o. to
ns. ,,orv birds, the court has held that
n's,s s.,sI law is unconstitutional. The
..,,ip,. which is by Associate Justice A.
g King. is as follows:
,,.pondent was tried before the Bar
- municipal court and foand guilty OF
".,,nr two migratory game birds or Wild
81 -, Sunday, october 4. 1914. Ia violation
ass.,yisiou OF the fish and game laws OF
s,.,e Of Maine. He appealed. and the
'S' ,epartcd 10 this court on an agreed
es $50 ., facts. The alleged offense was
,.g,ssa While the respondent was In =
-, on the open sea ons-iourta Of mile
~, gsssr's island which forms part Of She
- A. Cranberry Isles. Hancock county.
usine.
.,,tola,s law of the State prohibiting she
ss,,uy a. Wild ducks, for sunday ia closed
- .hen IL Is unlawful to hunt. XIII or
s...,cy esrac or birds Of any kind, under the
.,,,ss imposed therefor daring other
80 seasons, fchap,cr zee p. L. 1919. sec so.)
..a,ss,e !. az annual closed season on all
-s,,ss. a, ducks from January 20 August
n ,s,sh ycar. with . specified penalty for
i. v,s,stioa. gsee. %, Oh. se, sapra.l
y.,t. IL coateadcd. as we understand the
.....d statement. that the place where the
=, ,,.. committed is not within the State OF
,,,,r,. Tor it was only onessourtn OF a mile
49,. an ISLAND "xtthsn i,s Jurisdiction IL
!, sg.lnsd. however. that any power which
-, .,a,es rad 10 make and enforce laws aud
,,rsis,.ons concerning the killing OF mi
,,,,ory game birds became suspended and
,,oosra,iyc By reason OF the act of Congress
!, uAree Z, 1918, and the regulations there
,saef that act contains the foiIowiag pro-
sisens:
FAN Wild geese. Wild swans.
srss,, slid ducks, saipr. plover,. wood
1igr.torv game and insectiyoyous birds
vaisA 10 their northern and south-
IN mlgrasson. pass through or do not re-
naiu permanently the entire year Within the
st,sy b. siertncd 10 be within the custody and
u,ussettsa Of the government cs the United
states aud shall not be destroyed or taken
soa.rfy 20 regulations hereinafter provided
rss department OF agriculture Is hereby
aa,hpfi1eA aud directed so adept suitable
,ssslatlons TO give Effect 20 thc previous
paragraph by prescribing and SKIING closed
.sssuns. having due regard TO the zones OF
t.mpsfstarr. hfeedtna habits. ard times and
asss Of migratory aixhi. thereby enabling
ihf department. tc select aud designate suit
aSle district. for different portions of the
euaagry, md ~ shall be unlawful 60 sheet OF
ky ass device KIN or set1e and capture
nixfzicfy birds within tar projection Of this
las dnFing said closed seAsons, aud spy per
500 phe shali violate any 81 she provisions or
szniasisns Of shis la~ for the protection %
msgfatory birds shall be g1tlty 90 nltsae-
rsssaos aaa shah be anod not more than siee
OF imptisoued not more tass " days, or both.
Ia The asscfctioa 81 the court.
Toe dtpaFtmeat Of agriculture. after the
PREPARATION Of said regulations. shall cause
ias sams 10 be made pubite. and SHAH allow q
gsfiaa cf three n9nths In which said trgula-
,sess nasy be rxami acd and considered before
s1sl adoption, permitting when deemed
proper. Pgbiie heading thereon, and after
sRAi adoption shall cause The same 20 be en-
crossed sad submitted to the President of the
Vsi,sa states tgf approval Provided. how
ey.;, that nothtnE herein contaiacd shall be
esSnicd "a afecI OF interfere with the local
Lass q The states and territories for the pro-
;ecsi0n 81 pon-uai ssatcry game or other birds
resident aed BREEDING within their borders.
Hoi prevent the states ard territories from.
suAciias lRNs aud regulations TO promote aud
f,haef sticicD, the regulations OF the de-
paftn'e. Il agriculture provided under this
s.si7ie."
IL far.aauee Of the authority Of the &C,
The Tspaf tus as Ut agriculture adopted suit
se'f fssn's'toas which have been approved
o. TIE tfcsi"s ut, ene of which hxes = closed
.e''"s "s Nild ducks IN Msine between
p-eeNter IA aud september next folio wing.
II "s.fvss bad the po~ef 10 control and
'ssa.ste ias .ilins Of naisrxtosy game birds
~ih's 'he sts,e. asd u In the exercise Of
'sA' power !, has made regulations that are
EXCESSIVE Of. or In conflict with. the State reg
slasloss. then the federal regulations must
Be ie.sreea as supreme. and to have sas-
2snded the poxsr Of the State TO make and
sd'fee resoiations respecting the same sub
lss' matter.
fst t~astti se' prnsides that Wild ducks
asd other specified migratory game birds
shall hereafter be deemed to be within
rae ea'Ioay - prosee,,oa Of the govern
ssat q ne Usiied s,ates. and shall mol be
cs'ircysd contrary TO the regulations hcreip-
After provided for"
This language Indicates Q legislative pur-
pose thai Ins ia ieiai regulations were TO be
exclusive. nd bis idea seems to be further
iaaieaisa 10 the provision shat nothing
hstetn contained shall be deemed 20 affect or