El Paso herald. (El Paso, Tex.) 1901-1931, 1920-03-06
TRAP GUN ROD
" BY -
TOM FARSl1ALL

from both United States and Canada
asking for answers on the present
status Of the federal bird law prior
TO the spring flight" There has
been no United States supreme couri
decision given on constltutionaltE OF
the law, but a number OF CONVICTIONS
under the treaty act have been Sc
cured in the lower courts
The Canada-United states mlgra-
tory bird treaty was signed ~ Ls-os
whereby $50 species OF mieratory
birds in their different families were
protected against sprinE shooting
Two Men Are Tried.
Judge Van Nalkenburg, OF kansas
City. 40, on July p 1913 tried anl
pies for shooting migratory birds
contrary 10 the provisions OF the
treaty act. Attorney general FRANK
". McAllisters Of the state OF MIS-
souri,. was one Of the staff Of legal
defence for the accused 4 fight was
made against constitutionality OF the
treaty and a restraining order asked
preventing United States game war
Judge Van Nalkenburg held the
treaty valid and refused 20 issue
restraining order.
Frank W McAliister, II IL at
IeGed, was arrested on March 9,
1919, with n party OF Friends for
violation OF the federal duck law
and placed under bonds OF %loto
each pending trini- This imPor-
nifty TO test the validity OF the
migratory treaty. Being under
arrest, IL g. his privilege 10 de-
ruand an Immediate trial II
foznd guilty In the lower court.
an appeal could be taken ur=tnE
an Immediate hearing and final
decision for which millions OF
sportsmen have waited for many
The final showdown could be at
tanned by Mr.. AcAllister, decision
which all good sportsmen VIII accept
as the ultimatum- Mr. rank you
are the LOGICAL "sportsmeu's Moses"
70 lead us from the legal Willerness
and jungle. blazing by United
States supreme court decision, an
Z open trail which viii guide al hunt
I migratory treaty should be declared
! bad law, observing sportsmen viii de-
/ clare the cessation Of spring shooting
J good sense in the perperuaton OF
More migratory birds were found in
l every locality last fall than have been
seen for many, many years Had this
Z been true only IN special aistrlelss
/ grass nuts. mast. celery. wild rice or
a better stage Of water Univ eIsa4
I confirming reports spell the marked
REGARDLESS or ultimate court deci-
> sion upon treaty cOnsritutlonalityi =
I final verdict viii be rendered py the
2 sporcsmen OF America as an entirety
+ based upon observation coupled Win
+ duck sense Spring shooting Is
{ doomed q thing Of the past-sone
: never TO return The notable increase
. in aquatic birds has united tninking
: sDortsmeu against killing birds dur
ing OF Immediately prior 20 their
I nesting seasons. Universal protection
( viii not countenancs local option
shooting"
in the different zones on an equi-
Z table basis. eliminating political
preferment, substituting edictl
which are just and right based
upon climatic conditions and sur
rOundfrEE. ELIMINATION OF spring
shooting will shorten migratory
bird flights and encourage nest
Ing much farther south. Birds
usually mate for life or select
their sshelp-mectsu on the eve OF
or during their northern misra-
ton. when mated they immedl-
Z ately plan short side trips or
s.finf-huntings expeditions into
localities favorable for neatinE
and rearing their young
I Uniform state game laws drawn %
I ternatioual treaty are an absolute
necessity Federal and state inter-
ests il wild game protection are 50
closely allied tnat all laws and eI-
forts must coordinate for ultimate
success Legislative bodies IN Differ
ent states should redratt and irnme-
diately pass comfortable game laws
/ c, A. Simpson, Of Peoria, ILL., writes
urging that a final decision on the
federal duck law be secured prior "a
the spring flight OF birds up the
river" He bitterly complains o. oil
atory tactics Of the United states
supreme court, who for years toyed
and daIiied with a decisive decision,
while millions Of good sportsmen i'm
patiently awaited their rtme-kllllng
methods They fiddled while Rome
burned
Boys, let the spring flight OF ducks
pass north in peace.