The daily Gate City and constitution-Democrat. (Keokuk, Iowa) 1916-1922, 1919-04-25
Missouri Hunters Take Law Into tho
Federal Court and ~Eneraetioai-
iy Oppose New Restric-
tions Here.
ARE MILLIONS OF DUCKS
And Hundreds OF keokuk Hunters are
Interested i'm Outcome of Tangled
Legal Proposition with
TWO Sides.

There's a million ducks on the
lake"
That information was given The
Gate City a cor of times during this
month of April by persons who had
passed along the shores of Lake Keo-
kuk in the Mississippi river.
whether 1t is an exaggeration is a
question for argument, as the area Of
water covered by ducks might easily
so to the count of a million in num-
ter of birds In sight at one time on
several square miles of Iake-not to
speak of the ninety square miles of
Lake keokuk not visible from any one
view point.
The number of ducks was the result
OF a federal treaty prohibitiol against
killing one of them.
The number of ducks in sight was
also almost as bad as shell shock on
the nervous system of Keokuk hunters.
They are all interested in the mixed
up legal tangle growing out of the
method of making a hunting law by
treaty with Canada.
Missourians Must Be Shown.
The constitutionality of the migra-
tory bird treaty act is being at
tackled by the hunters of Missouri,
and what they are doing over there
Is OF interest to the hunters over
here, where conditions are identical
and where state laws are in conflict
with federal laws, and the claim is
Tlade that state rights are being in
f!1nged upon by the federal authori-
ties.
The Kansas City Times prints the
fcIloWing report Of proceedings in
stftuted by the hunters of Missouri
through the attorney general, in the
FEDERAL court, to show that an attempt
en- h part Of the federal government
to enforce a law prohibiting spring or
late winter shooting is a violation Of
state sovereignty and as such should
be repealed:
The Interests" Interested.
Who are these friends OF the migra-
tory birds who are cheating the sports
ma out of his little pleasure in shoot
ing ducks? They are the powder men,
the clay pigeon manufacturers, the
.trap-shooting promoters. They are
the men responsible for the passage of
the federal law which prevents spring
shooting Of ducks in Missouri"
The speaker was e. L. Westbrook,
OF J~onesooro, Ark, an attorney who
has argued against the constitution
ality OF the migratory bird treaty act
once in the United States supreme
court He was Speaking before Judge
Van Valkenburgh in federal court in
support Of the attack being made by
the attorney general of Missouri on
the constitutionality of the law.
He made a sharp attack on the law,
stating that 1t directly infringed upon
the police powers of the states.
Went Long Ways Back.
Mr.. Westbrook reviewed decisions
of the courts clear back to the Magma
Charta4 in the thirteen century I'm Eng
land. He declared that from time i'm
memorial the states under their police
powers have been considered as hav-
ing property rights over all game with
in their borders.
Samuel w. Moore, assisting in the
states fight, stated that the state
can't have treaty powers. can't de-
End is tied hand and foot In indepen-
dent action.
but the state has a right to hear
ing in the courts superior to that Of
an individual citizen" he said. "That
is all we are doing on behalf of the
state of Missouri.
1.-THE federal game warden who
arrests a sportsman in Missouri for
shooting ducks within the season pre-
scribed by the state is a trespasser."
Mr.. Moore referred to a decision of
the supreme court in a water litigation
between Kansas and Colorado in
which the government attempted to IN
tervene.
Was Migratory Water7
"The court said that the govern