The St. Joseph observer., 1919-07-12
from International intercourse.
Fish Habits An Example

/ in international waters is one which
appeals more readily TO the common
understanding, because there inter
national contact is apparent But
docs the case Of migratory birds diff
fer in principle from that Of migra-
tory fishes or other similar forms Of
wild life? The term migrate as used
in this connection is thus defined:
ITO pass periodically from one re-
'gion or climate to another for feeding
or breeding Tho majority Of birds
of the north temperate and arctic re-
IgiOns perform regular migrltons,
which are dependent on food supply
ImOrc than on temperature, moving
north in the spring and south in the
fall"
Seal go regularly to their brcc3ipg
and feeding grounds. Fishes migrate
during tho spawning season Migra-
tory birds nest in the north and feed
lin the south with the regularity Of the
seasons. The movements Of all these
forms Of life may be computed almost
with mathematical precision. Their
courses through the water and
through the air are almost as well
defined as though marked by old
are dictated by neither whim nor
. caprice, but are impelled by an in
stinct which inheres in the law Of
their being II this be true. what dis
tinction can we draw between the fish
! which swims through one Of the great
natural elements and the bird which
flies through another? The con-
trollinG consideration is the effect
J upon mutual interests Of the two ma
+ tions concerned. BY this treaty the
. United States profits by the protec-
tion which is accorded such wild fow
in Canada during the nesting and
feeding seasons before migration sets
same protection which is thrown
about the same birds during THEN
stay within the United States. Tn,
people of both countries, Of our en-,
tire union and of all the states, bene
fit by the mutual and reciprocal ad
vantages which accrue from this ar
subject-matter comes properly within
/ the treaty making power. If it cur
e tails any right which would otherwis,
be lodged in an individual state, i
@ does so only through the full and un
Il trammeled exercise of federal powe
g to negotiate with foreign govern
: one can be said to exist, differs in II,
Y respect from that which is experienc
u ed in the exercise of,any power con
@ cededly lodged in the federal govern
h ment which comes in contact with tn
" ordinary powers of the state over tn
same subiect-mattor.
n Must OverruIc Demurrer
IS From the foregoing, it follow
d necessarily that the demurrers to tn
- Indictment must be overruled.
% with respect to the bill filed o
Y behalf of the State Of Missouri bu
o little remains to be said. It is base
Al upon the same misconception as t
N the constitutionality of this statut
= that lies at the foundation Of the dc
murrers. The District Attorney insist
that the bill should be dismissed fo
want Of jurisdiction. II is true tina
y the United States cannot be sue
u without its consent, and that, in gen
Z eral, courts Of equity are withou
y jurisdiction to restrain criminal pre-
N ceedings. 1t would seem, howevc
Is that United States officer, as we
N as state officer, under certain eli
lie cumstances may be restrained fror
ie instituting criminal proceedings undC
Is unconstitutional law in accordanC
Sc with exceptions to the general rule q
lie pointed out in decisions of the ST
m preme Court. However, it is unne,
'h essary to enter upon any eXtende
n discussion of this question. In m
L. view, the law is constitutional, an
IN the United States Game Warden h
le acted, and is about to act, under Law
er full authority in the d--charge Of h
OF official duties. From such acts
MS cannot, and should not, be restraine
a by this court. In as much as the bi
De Of complaint is founded solely upC
s. the unconstitutionality Of the law an
OF the alleged invasion of a sovereie
by prerogative OF the state. it follow
X that the relief prayed must be deni,
ne and that the bill must be dismisse
ny 1t is so ordered"
lie 1t is hard to realize that It on
o. costs you two cents instead of thr