New Mexico state record., 1920-07-02
hS-4rZAzH LAKE OeES0Do

sh""i one ihal breaks up The pair for the season
Wei, four years after the pigeonhoing of
ShiraS bill John Il. Weeks introduced in the
houS" the same bin with slight notifications
Nothing came of ii. lie Introduced II again In
1909, and again in 1911. while AT the same time
ii"org" l.. Mclean introduced similar bill in the
senate. In the spring OF 1912 committee hearing,
on IA" bin were begun.
10th these bills mentioned migratory game
birds only Now there are only about - game
birds" Mr. Pearson said medatively putting hi.
pipe, and there loo kinds of birds in North
America. There are ~ warblerS alone in the
eastern part of the United States Therefore,
tn" Audubon society urged that the bill he
changed to apply 10 all migratory birds, and This
change was adopted and put before congress.
The bin became law ON March t. 1914; ey.
President Taft signed II on the morning that he
gave up his office one of his last official acts
Authority was given 10 the department of ngr
culture then, to 90 ahead and make the rules
governing the killing of birds. The dcpartmcn;
of agriculture did not know anything about birds
50 they turned II over 10 special branch of the
department, the Biological survey. Three men
of the biological survey drew up lot of regula-
tions and announced them to the states. Inme
diatey there WAS n roar of objections from ali
over the country. and all of the states thought
their rights had been lnfrnged.
Then came test ease out In Big Lake, Ark.
man killed n coot IN violation of the regulations
Eastern district of Arkansas declared the fed.
cral migratory bird laws Illegal. The case of
course, then went to the Supreme court of the
United States. The supreme court was very hos.
tile. and the dragged along for several
months, Finally. the supreme court did very
unusual thing II asked the department of agrI.
culture to resate its ease from which we under
stood that the court a tle and the case wa.
referred back to the department Of Justice
"ln the period of waiting which followed Elihu
Root came To our assistance This may be de.
clared unconstitutional and everything lost he
said. hut We may be- able TO beat 1t. 4 treaty
is not subject to revision by the Supreme court
why not get these ideas written into a treatyy
Immediately the machinery was set In motion
which would turn the bin into a treaty. After
a great deal Of trouble arrangements were finally
concluded with Great Britain for Canada and
the treaty was drawn up. But treaty Is
dead letter unless congress by law states WIN,
department shall enforce lt-that is every treaty
requires an enabling act.
81 went down to Washington and spent six
weeks there trying To arouse interest In the eua.
bling act for our treaty. The treaty was ratified
by congress September 20 1916 and a year
or so later the enabling act passed. Then
the government remembering the tremendous
amount of abuse hcnped upon them after IN.
drafting Of the first set Of regulations decided
TO have committee TO find out what the people
NHHti. HHu lnth dHphinlfl N nhIlOlal committee
Of first dozen men and later about 20
"Soon after this In Missouri some men went
hunting and violated the rcgula tions and were ar.
rested. The referred 10 the Supretne
court. and on this case the present decision IL
based. holding legal the enabling act and thu,
protecting the treaty"
This very wise decision makes quite clear the
position of state rights when il comes to birds
II says:
"Tbe state. as we have intImated, POUNDS II.
claim OF exclusive authority upon an assertion OF
title to migratory birds. assertion that Is en-
bodied in statute. No doubt it Is true that as
between n state and its inhabitants the state may
regulate the killing and sale Of such birds but Il
does not follow that its authority Is exclusive OF
paramount powers. To put the claim OF the state
upon title n TO lean upon slender reed. Wild
birds are not In the possession OF any one; and
possession is the beginning Of ownership. The
whole foundation Of the states rights Is the
presence within their Jurisdiction of birds that
yesterday had not arrived. tomorrow may be In
another state and in n week loo miles away IN
are to be accurate cannot put the case of