South Bend news-times. (South Bend, Ind.) 1913-1938, 1919-02-09


The mills of the Gods grind slow
ly. but they grind exceedingly fine"
Court decisions are delayed but may
come when least expected. The
United States supreme court has the
Mills Of the Gods backed off the
boards for procrastination and dila-
tory performance The Migratory
Bird Act Of March 4, 1913, was de-
clared unconstitutional by Judge
Trieber. of the United States district
court for the eastern district of Ar
kansas. The case was Immediately
appealed TO the United States su-
preme court, the first argument was
heard on the appeal in the fall of
1915, again in February, 1916, and
passed subject to call in October,
1916. Since that date the case has
been Hanging fire" while millions
of spOrtsmen in the United States
have been awaiting the decision,
whish would have put to rest for
all time the question of the consti-
nationality of the law. The law is
good in its ramifications and a great
protection to the bird life of our
nation if universally enforced.
on January 6. 1919, based upon
a request from the attorney general,
the case of pending appeal was dis
missed by the United States supreme
court.
Again high legal comedy is be-
ing played and staged with pros
pective spectacular effects. Was the
dismissal of this case a confession
Of unconstitutionality Of the migra-
tory bird law as held by Judge Trie-
Der? Was the request OF the at
torney general made bacuse the
highest tribunal were TO decide I'M
favorably and there was an oppor-
torney general made because the
treaty with Canada of 1918 the law
of the land?
II was claimed that the United
States supreme court was not given
an opportunity TO render a decision
because the Migratory Bird Treaty
Act of 1913 superseded the older
law of 1919. That the supreme court
was not given an opportunity to de-
eide is a monumental joke. Three
years of procrastination, while mil
/ lions of interested people were or
| the uui-vive awaiting the decision
I that never came. BY dismissal the
attorney general has shot his load
/ in mid-air, paving the way for un'
Limited learned legal opinions, none
of which will carry weight with the
opposition until there is a decision
/ eventually rendered by that cour
from which there is no appeal.
This mistake has again placed the
department of agriculture and bio
logical survey at a disadvantage
They must. I presume, go or bluff
fling as has been their tactics fol
years. In a recent letter, Mr.. Il
". Nelson. chief Of bureau, says
I'VE will certainly enforce the fed
eral law throughout the country,
and i'm the same letter thanking th'
informant for advising him Of tbs
unlawful hunting Of migratory birds
on the Illinois river. a fact which
/ has been common property, with tbs
/ shooting fraternity for years, We
there has been no effort made b,
the federal authorities to enforc'
the provisions of the Federal Nj
gratorv Act. This act. if general!
enforced. would be of especial ben
eft 10 the protection and perptua
ton OF bird life. The feneral blif
+ fling tactics adopted by necessity
through a lack of the wherewith Il
nut teeth in the enforcement OF thu
law" has made of the authorities
who were supposed TO have the en-
forcement of the law in hand, an un
respected Joke for the past fiv'
years. I'VE will get you. If YOU
don't watch out" is now frazzleC
SLOGAN. Their claims that the Nj
rratory Bird Treaty Act is now th'
law Of the land. that the populac'
have no recourse to courts, that th'
law now has the proper teeth an'
will be enforced 10 the letter. mus
now be accompanied by action o
an aggressive character before tn
threats will be accepted as facts. Ar
kansas authorities. in conjunction
with many good reputable sports
men. claim The dismissal OF III
pending appeal before the Unite'
States supreme court. is an aomis