The St. Charles herald. [volume] (Hahnville, La.) 1873-1993, 1920-07-31

shoot one, that breaks up the pair for the season
Well four years after the pigeOnholing OF
Shiras' bill, John B. Weeks introduced in the
house the same bill with. slight notifications
Nothing came of it. He introduced it again in
1909 and again in 1911, while at the same time
George p Mclean introduced similar bill in the
senate. In the spring of 1912 committee hearings
the bill were begun.
Both these bills mentioned migratory game
birds only Now there are only about so game
birds" Mr.. Pearson said meditatively, putting his
pipe land there are 1900 kinds Of birds In North
America There 81 warblers alone In the
eastern part of the United States Therefore,
the Audubon society urged that the bill De
changed to apply to all migratory birds, and TINS
change was adopted and put before congress.
.'The bill became q law on March 4. 1914; ex-
President Taft signed it on the morning that ne
gave up his Office as of his last official acts.
Authority Eas given to the department OF agri-
culture then, to go ahead and make the rules
governing the killing Of birds. The department.
of agriculture did not know anything about oirds'
so they turned it over to a special branch OF the
department the Biological survey. Three men
OF the Biological survey drew up a lot Of regula-
lions and announced them to the states. 1mme-
dfately there was roar Of objections from all
over the country, and all Of the states thought
their rights had been infringed.
.srhen came a test case. Out in Big Lake. Ark.
man killed cOot in violation of the regulations.
Eastern district Of Arkansas declared the fed
eral 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 Tor several
months Finally, the Supreme court did very
unusual thing. 1t asked the department of agri-
culture to restate its case. from which we under
stood that the court was tie and the case was
referred back to the department Of justice.
"In the period Of waiting which followed Elihu
Root came to our assistance. This may be de-
clared unconstitutional and everything lost, ne
said but we may be able to beat 1t. A treaty
is not subject to revision by the Supreme court.
so why not get these ideas written into treatyF
.Immediately the machinery was set in motion
which would turn the bill into treaty. After
great deal Of trouble arrangements were finally
concluded with Great Britain for Canada and
the treaty was drawn up. But a treaty Is
dead letter unless congress by law states what
department shall enforce it-that IL every treaty
requires an enabling act
Il went down to Washington and spent six
weeks there trying to arouse interest in the ena-
bling act for our treaty. The treaty was ratified
by congress on September %, 1915. and a year
or 50 later the enah1hg act was passed. Then
the government, remembering the tremendous
amount Of abuse heaped upon them after the
drafting Of the first set Of regulations. decided
to have a committee to find out what the people
wanted. and they appointed national committee
Of first q dozen men and later about TO-
"Soon after this, in Missouri some men went
hunting and violated the regulations and were ar
rested The case was referred to the Supreme
court and on this case the present decision Is
based, holding legal the enabling act and thus
protecting the treaty"
This very wise decision makes quite clear thu
position Of state rights when II comes to birds
It says:
s.Ths state. ~ we have intimated. POUNDS IL
claim OF exclusive authority upon an assertion o.
title to migratory birds, an assertion that Is EN-
bodied in statute. No doubt 4 IL true that q
between 4 state and its Inhabitants the state ma,
regulate tho killing and sale OF such birds, but
does not follow that its authority Is exclusive o.
paramount powers. TO put the claim OF the stat
uooo title Il to lean upon a slender reed. wiz
birds are not in the possession Of any one; ant
posses1ion b the beginning Of ownership. IN
whole foundation Of the states rights ID tn
ureeence within their Jurisdiction OF birds tina
Yesterday had not arrived. tomorrow may b
sno1her STATE and In week 1000 miles away.
Ne ars to b accursse We cannot put the as