The St. Joseph observer., 1919-07-12
THE BIRD LAWS UPHELD
BY FEDERAL JUDGE

lNOnlihucu ifOn rage III
the Federal Constitution for the pro-
lection of migratory birds; and be-
cause the convention between the
! United States and Great Britain ex-
ceeds the limitations OF the treaty
making powers under the Constitu-
'tiou and is, therefore, in violation
of the Constitution itself.
Seek to Restrain Game Warden
"And after the return of these in
dictments the state Of Missouri,
through its Attorney General, filed
its bill in equity, seeking to restrain
the Game Warden of the United
States. in this jurisdiction, from ar
resting or prosecuting, or attempting
to arrest and prosecute, any person
for taking, killing, or using wild
game within the borders Of the state
Of Missouri, and from in anywise en-
forcing or attempting to enforce the
aforesaid act of Congress known as
the Migratory Bird Treaty Act, or
lany regulations or orders of the Sec
rotary Of Agriculture of the United
States made or pretended to be made
thereunder; and from in anyw,se in
rights and privileges granted by com
plainant to its citizens in the assumed
exercise of its sovereign and reserved
power. The respondent, through the
United States District Attorney, filed
his motion to dismiss this bill Both
dcmmurers and motion were heard
together; the former will be first con-
sidered.
THE issues rendered by the plead
U ings present two questions: one the
o validity of the law standing by itself
as affecting the relative powers of
= the Federal Government and of the
9 states; the other. the status of the
treaty, to give effect to which, the
so-called Migratory Bird Treaty Act
was passed.
The State Has Control
% primarily, the state both as trus-
u tee for the rights OF all its people
and in the exercise of it's police
% power, has control over the right tc
!. reduce animals ferae naturae to pos.
2 session.
CHere quotes decisions)
q And in the absence of treaty there
IN appears to have been no delegation
of paramount authority to the Fed.
n eral Government. Under the fore
2 going authorities, therefore, as vel
as on principle, this Act, in the alb
% sence of treaty, would be unconstitu
u tional as exceeding the legitimat,
powers of Congress; and so it hai
% been held in cases substantially iden
N tical.
CHere quotes decisions)
That this power in the state
subject TO any valid exercise of au
q thority under the provisions of tn
70 Federal Constitution is clear; an,
making power may be recognized a
such a valid exercise of authority ha
s. been foreshadowed by necessary i'm
a, plication or by express reservation il
the decisions of the Supreme Cour
of the United States.
(Here quotes decisions)
We is a substantial power of highest de
gree, delegated by the states to tn
Federal Government by the terms 0
the Constitution, is beyond controv
ersy. The treaty making power ha
been surrendered by the states an
given TO the United States
= GHere quotes decisions)
! "And this extends to state Consti
tutions and laws as well as to re
served powers.
Colhoun's Official Statement
(Here quotes decisions)
"Mr, John C. Colhoun, foremos
among those insisting upon the full
est sovereign powers OF the state
while Secretary Of State, made tn
statement in an official document:
THE treaty making power has ir
deed been regarded 10 be so comprt
hensive as to embrace, with few el
ceptions, all questions that can poss
bly, arise between us and other nl
tions and which can only be adjuste
by their mutual consent whether II
subject-matter be comprised anon