The sun., 1917-05-27
DUCKS INCREASE
WITH FEDERAL LAW
Author Of Migratory Statute
Answers Attack Upon Its
COnstitutionality.
ITS PURPOSE DISCUSSED
By GEORGE sHIRAs Sd.

By GEORGE sHIRAS Sd.
While in Florida recently read IN the
Rod and Gun Department of THE Sun a
long article by Thomas J. johnson at
tacking the constitutionality OF the mi
gratory bird law and even questioning
the recent treaty with Great Britain.
On my return find that the same
writer repeated similar views In last
weeks SUN. In his sweeping conclusion
he predicts" though mot as a prophet" :"
that the migratory bird law will be held
unconstitutional by the Supreme Court
or the United States. The difference, how
ever. between prediction and prophecy is
rather slender at the best but we may
concede Mr.. johnson wishes to have 1t
understood that he rests his conclusions
upon worldly. but superior. wisdom.
When member OF Congress in 1904
prepared and introduced the original bill
putting under Federal control our mIgra-
tory Wild fowl and shore birds. which
measure before its passage some years
later had added thereto "migratory in
sectiNorous birds adding greatly to its
merits and popularity The bill there
after bore the name Of its successful
sponsors, Messrs. " ecks and Mclean Of
the House and Senate respectively.
NJ ms late date the numerous friends
OF the migratory bird law are not dis
posed to pay much attention to those
seeking to break down the only safe
guards making possible the protection OF
our beneficial migrants and especially
Where they represent selfish interests, as
Is usuiI! the case. But the cocksureness
OF Mr. johnson and the rule that ones
motives should not be questioned in the
absence OF proof warrants s6pe reply,
although il
Tor Mr.. Johnson to renew this contro-
Nersy at time when the United States
Supreme Court has the law before It for
determination. As the treaty is not in
litigation. Mr.. Johnson Is more within
ms rights In discussing il publicly. how
ever unfortunate his desire to see IL an
nulled.
wide Demand for Federal Control.
II therc ever was n conservation meas
ure more needed, especially at this time
OF one that has received a greater. wider.
or more diversified and unanimous SUM-
port than the migratory bird law I can
not recall it.
AT the beginning OF this movement
eighteen states petitioned for the pas
sage OF the law. showing as nothing else
could how they each regarded Federal
NohtiV, anu later IOTtN States hy nffinia 4
acton supported the law.
All the Governors were friendly nv
cept Biease Of South Carolina: the State
game wardens. particularly In the South.
were its most active friends; at four
successive annual meetings OF the Ma
t;onai Conservation Associa ton the bill
was mdorsed. the leading sportsmen's
ciuos' thousands of individual SPORTS
men every prominent naturalist and
scientific field worker. the Audubon So
cleties. all the leading farmers granses
and unions and every sportsmen's paper
save active assistance. while the daily
press and the leading magazines fire.
quently contained strong editorial sup
port.
The bill passed both houses of C0n-
sress almost unanimously. the slight op-
position being sufficiently active to bring
OUT the merits of the legislation and all
questions relating 10 its constitutionaiity.
Three Presidents Approved.
When We consider that the House and
senate committees approving the bill
We're made up OF lawyers, that both
iesisiative branches OF Congress average
more than 50 per cent OF this profess
$40" anu possess greater experience
upon constitutional questions than any
lawmakins body in the world. and when
we consider that president, Roos.yo,t
urgcntl. asked for lis nassa.e ,hat
President Taft later approved the bill.
that President Wilson approved and
signed the regulations putting II into
effect BY the first public proclamat ZION M
It's kind that successiveIy three Attor-
ney-Gencrals of the United State. gave
the law their support and that hundreds
OF leading lawyers connected with game
associations or as individuals have
spoken or written In defence ~ tho In ga,
: y SHOWS what wonderful faith Mr..
So"hson mas In his legal acumen when
$500! " 10 generally conceded that
,'y,. esa mas not the power 20 protect
n,.act,c, oius. ana that the treaty is
I no, Lo s''.',. aun,ssioh that the act can
rho heu;
knocks on, ,,;s ,n ,n whIcn Mt. johnson
contrastad Iii, 'aN seens strange when
preme Cow, .,,1 .nI posltloh OF the SUI
| case in its hapds ro "'.er having the
I a rearCument sbo0.in, 20, n"s oruered
I cnt time ,be no o;o-,,e Ia az the pres
not deem the Law ,,rcos,,.,., e court do
that they are going ,o ,,,'. u'onai' ana
serious consideration '"o ''os'
/
Vital Difference in Prot~c,io,
| II ia y, ,o,,- ...,
! tho fnl, n,sr,,s oie 10 60 into
! OF Tur c,,,, ra s ae' IN the columns
new. ~ ,ha - 'ne sportsmen s
pointed ont tba L., . az. .here can be
|