The Idaho Springs siftings-news., 1920-07-02

shoot one, that breaks up the pair for the season.
We'll. 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 1t 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
on 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. "and there are 1,200 kinds of birds in North
America There are 81 warblers alone in the
eastern part of the United States. Therefore.
the Audubon society urged that the bill be
changed to apply to all migratory BIRDS and this
change was adopted and put before -congress..4--s
'The bill became law on March 4, 1914 ex-
President Taft signed 1t on the morning that he
gave up his office as one Of his last Official acts.
Authority was 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 birds,
so they turned 1t over to a 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. Imme-
dately there was Of objections from all
over the country, and all of the states thought
their rights had been infrnged
''Then came test case Out in Big Lake, Ark.
a man killed coot in violation of the regulations
He arrested and the federal Judge for the
Eastern district of Arkansas declared the fed
course. then went to the Supreme court of the
United States. The Supreme court very hos
tile and the case dragged along for 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 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 he
said rkut hp Qhl To hoot
is not subject to revision by the Supreme court
why not get these ideas written into treatyr
Immediately the machinery was set in motion
which would turn the bill into a treaty After
a great deal Of trouble arrangements were finally
concluded with Great Britain for Canada and
the treaty drawn up. But treaty is
dead letter unless congress by law states wha.
department shall enforce it-that is 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 29 1915 and a yeac
or so later the enabling act passed. Then
the government, remembering the tremendous
amount Of abuse heaped upon them after the
drafting Of the first set of regula tions decided
to have committee to find out what the people
wanted, and they appointed a national committee
of first dozen men and later about 20.
Soon after this in Missouri some men went
hunting and violated the regulations and were ar
+ rested. Inc case was reIerreO 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 the
position of state rights when 1t comes to birds
1t says:
"The state, as we have intimated, POUNDS Its
claim of exclusive authority upon an assertion of
title to migratory birds, assertion that is en-
bodied in statute. No doubt 1t Is true that as
between state and its Inhabitants the state NAV
regulate the killing and sale of such birds but II
does not follow that its authority is exclusive of
paramount powers. To put the claim of the state
upon title Is to lean upon a 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 week 1000 miles away. II
are to be accurate we cannot put the case of