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' IRON COUNTY REGISTER, IRONTON, MISSOURI.
r fX KLsK''' shoot one, that breaks. up the pair for the season, wffff 11 , mmffff mff "Well, four years after the pigeonholing of ilkhMTf yfeV?' TtZJ' aFlffJZCT' V Shiras' bill, John B. Weeks Introduced In the IMtWitW''if - T7 ? federal micratorv bird act of 1918, George P. McLean introduced a similar bill in the I ' fAWA ItmVlffl designed to carry out provisions of senate. In the spring of 1912 committee hearings wl i -It'"' 'v- ''TyJWB s!- a treaty between this country and on the bill were begun. ' WE ? " Sljiw Canada for the protection of migra- " "Both these, bills mentioned migratory game JL jL Arty'w.g ' i'; j tory birds, has been held constitu- birds only. Now, there are only about 50 game ( 'TPSS X - A tional by the Supreme court of the birds," Mr. Pearson said meditatively, puffing his V&y United States. P'Pe, "and there are 1,200 kinds of birds in North SSSJ V .W This takes us back to a blustery America. There are 51 warblers alone In the - MW'?- - w foh ,io in iaio irhpn b distin. eastern part of the United States. Therefore. JlJ1 W1kk &54r M , i w LJfiU PINNED BY TRACTOR, MAN SEEKS TO DIE 'By JOHN DICKINSON SHERMAN UK migratory birds are safe. The federal migratory bird act of 1918, designed to carry out provisions of a treaty between this country and Canada for the protection of migra tory birds, has been held constitu tional by the Supreme court of the United States. This takes us back to a blustery March day In 1919 when a distin guished party of shooters was pop ping away merrily at the mallards and bluebills In a marsh at Nevada, Mo. It real ly was a distinguished party. In it were Attorney General Frank McAllister of Missouri; J. R. Rey nolds of Kansas City; E. sY Vilmoare, Kansas City, and M. S. Bodine and Clarence Evans of Paris, Mo. But congress had previously passed the fed eral migratory bird act, which among other things prohibits spring shooting of water fowl. How came it then, that the attorney general of the state of Missouri was in the party? Well, he was "from Missouri." The Missouri folks have to be shown, you know. And Attor. ney General McAllister and his friends had an Idea -that the migratory bird act was unconstitu tional. They liked ' to shoot ducks spring, as well as fall and they proclaimed that the act Interfered with the sovereignty of the state of Missouri and with the property rights of the peo ple of Missouri. ' So Attorney General McAllister of Missouri and his friends went hunting March 7, 1919. .Moreover, they didn't care who knew It. Maybe ' they even tipped It oft to the federal game war dens. Anyway, the federal game wardens put In' an appearance and arrested the attorney general and his party. The party was arraigned at Clin ton, Mo. McAllister took the case into court; ask ing for an Injunction to restrain the federal game wardens from enforcing the law. Federal Judge A. S. Van Valkenburgh held the law constitutional and the state appealed to the United States Su- preme court. s To George Shiras in., and Elihu Root the millions of bird-lovers owe gratitude. So do the millions of gardeners and farmers who, with the Insectivorous birds gone, would be eaten up by their Insect foes. George Shiras, a member of -congress from Pennsylvania, began the fight away back In 1904. Elihu Root possibly the most com manding Intellect' In the country today cinched the victory. T. Gilbert Pearson, secretary and executive of ficer of the National Association of Audubon so cieties, who has also a big share In the victory, Is a wideawake citizen and thoroughly familiar with the situation. Let him tell the story of the long, hard flght Says Mr. Pearson : "George Shiras III. was a man of means who ma interested In good works. In looking over the situation in reference to the protection of 1 birds, he discovered that the states all had differ ent seasons in which migratory game birds could be shot and that what the situation really amount, ed to was that game birds could be shot In dif ferent parts of the country all through the year. He decided that the only way to remedy this state of affairs, which would in time result In the ex tlnctlon of game birds, was to put the matter un der government control and thus do away with the constant and everlasting wrangling of the states. So he introduced a bill in congress for the protection of migratory birds. It was re ferred to a committee and put in a pigeonhole, and that was the last of It "Before this time the only protection law in force In the States was the Audubon law, which we succeeded In getting enacted In all but about eight states. This, however, did not prohibit the celling of birds. In 1910 we brought about the prohibition of the sale of aigrettes. "In theory, the state game laws worked nice. 1y, and It could be shown on paper that each trtate could have its chosen shooting season and till there would be no dying out of birds. But In practice they did not work so welL Take, for Instance, duck shootingwhen the ducks start toorth In the spring they are mating and If yon 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 modifications. Nothing came of it. He introduced It again in 1909, and again In 1911, while at the same time George P. McLean introduced a 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 50 game birds," Mr. Pearson said meditatively, puffing his pipe, "and there are 1,200 kinds of birds in North America. There are 51 warblers alone in the eastern part of the United States. Therefore, the Audubon society urged that the dill be changed to apply to all migratory birds, and this change was adopted and put before congress. "The bill became a law on March 4, 1914; ex President .Taft signed It 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 it over to a special branch of the department, the Biological survey. Three men of the Biological survey drew up a lot of regula tions and announced them to the states. Imme diately there was a roar of objections from all over the country, and all of the states thought their rights had been Infringed. "Then came a test case. Out In Big Lake, Ark, a man killed a coot in violation of the regulations. He was arrested and the federal judge for the 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 case dragged along for several months. Finally, the Supreme court did a very unusual thing. It asked the department of agri culture to restate Its case, from which we under stood that the court was a 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,' h? said, "but we may be able to beat it. A treaty Is not subject to revision by the Supreme court, so why not get these Ideas written Into a treatyT "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 was drawn up. ; But a treaty Is a dead letter unless congress by law states what department shall enforce It that la every treaty .requires an enabling act "I 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, 1916, and a year or so later the enabling act was passed. Then the government, remembering the tremendous amount of abuse heaped upon 'hem after the drafting of the first set of regulations, decided to have a committee to find out what the people wanted, and they appointed-a national committee of first a dozen men and later about 20. "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 the position of state rights when It comes to birds. It says: ' - t , . "The state, as we have intimated, founds IU claim of exclusive authority upon an assertion of title to migratory birds, an assertion that Is em bodied in statute. No doubt It is true that as between a state and Its inhabitants the state may regulate the killing and sale of such birds, but It 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 nut In the possession of any one; and possession Is the beginning of ownership. The whole foundation of the state's rights Is the presence within their jurisdiction of birds that yesterday had not arrived, tomorrow may be In another state and In a week iflOP miles away. If we are to be accurate we cannot pnt the case of Lies on Kerosene-Soaked Ground as Coyotes Threaten ! - Him, Cody, Wyo. Still conscious of the torture that gripped him, crushed and bleeding in a number of places and bruised about the head from his own efforts to beat bis brains out with a wrench P. D. , Pederson ' was found pinned under his farm tractor 14 hours after the machine had toppled and turned over with him while crossing a ditch. Driven to desperation by the horrors which he faced, Pederson used the state upon higher ground than that the treaty deals, with creatures that for the moment are within the state borders, that it must be carried out by officers of the United States within the same territory and that but for the treaty the state would be free to regulate this subject it self." With the .federal migratory bird law in opera- tlon and Canada holding up her end as she Is the birds have a chance. As soon as Mexico Is brought to time and made to behave decently, the same kind of treaty will be arranged with her. Then the birds will be Drotected all along the line, of migration. It is the opinion of most duck shooters that the good effect of the federal migratory bird law Is already very much In evidence. The birds now nest In many of their old nesting places in the United States, instead of going clear to northern Canada. Like all wild life they are quick to sense their protection and to take advantage of It In consequence the hunter, from his view point, Is pleased with the working of the law because It gives him more ducks to shoot in the fall. . The judgment of the hunter is confirmed by that of the biologist. " The United States Biological survey Is engaged in a study of the conditions at the larger breeding places in various parts of the country. A 1920 report on "Waterfowl In Nebraska" an illustrated bulletin of 77 pages by Harry C Oberholser ays on this point In part: "In Its natural state that Is, unaffected by the presence of man the sand hill region of Ne braska Is an ideal breeding place for waterfowl. It Is, indeed, one of the very best of the remain ing breeding grounds. The great number of marshy lakes, with their abundant supply of food, shelter, and breeding places provide advantages which It would be difficult to surpass. "It is the universal testimony of residents and 1 of sportsmen' that themyriads of ducks which in former times frequented the" sand hill region, particularly during spring and fall, have been greatly reduced. This diminution Is due in part to spring shooting, but also to a number of other causes, Including the slaughter of ducks in great numbers both" south and north of Nebraska. The migration flights here, however, are still large and show that there remains a good supply of waterfowl, which with proper protection and rea sonable regulation of shooting will continue indefi nitely to furnish excellent sport. The breeding waterfowl of the sand hills also have suffered from hunters, particularly In spring. On many of the lakes there are club houses owned by sportsmen from cities outside of the county, who were long In the habit of shooting here regular ly in spring. "Since the enactment of the federal statute of 1913, known as the federal migratory bird law, there has been comparatively little spring shoot ing In the sand hill region, for the law seems to , have been very well observed. "In all the localities that the writer visited be made careful inquiries regarding the effect that the stopping of spring shooting has had on the numbers of waterfowl, particularly ducks. It Is very gratifying to note that after the federal law went Into effect dncks began steadily to Increase In Nebraska, particularly In the lakes of eastern Cherry county, those about the headwaters of the North Loup rivr, and at the Cody' Lakes. As one resident expessed It, as soon as the ducks find out that they will not be disturbed In spring, they come back In Increasingly large numbers. " His Blows Were Ineffective. his right forearm to wield the Iron with which he tried to end his life, but he was so weak and cramped that, his blows werp ineffective. Pederson was pinned between a three-Inch bar and the machine for the whole length of his body. The steer ing wheel was crushed Into his chest and his arm broken In two places. To add to his misery he became soaked with kerosene, which blistered his body. Snow fell throughout the night. accompanied by a piercing wind, while coyotes, attracted by the scent of blood, threatened him time and again. He kept them off by shouting at them, but more than once gave -up hope when some grew bold enough to snap at him. Pederson was under contract to plow 160 acres of land and shared the job with a partner, who went on a search for him the next morning when he failed to put in an appearance. Numb with cold and pain, he was re moved from under the machine and taken to the hospital. His condition is critical. RADIO WARNS MOONSHINERS Modern Wireless Plants In Operation Discovered in Hills Make Arrests Harder. Bluefleld, W. Va. Revenue agents have discovered the reason for their Inability to arrest the moonshiners in this section of West Virginia, Virginia and Kentucky. It has been found a wireless system is in operation through which the distilling plants are notified by a code of signals from the railroad stations sent by confederates when danger threatens. When the officers swoop down on a spot where a still Is reported they find the outfit missing. At one place a diagram of a modern radio station was found. ,It Is easily possible in the densely wooded mountain sections to conceal radio stations, and officers are now searching for them. Congressman Victim of Profiteer in Own Shoes Representative Kreider of Pennsylvania, a shoe manufac turer, strolled Into a Washington store, where he noticed some shoes from his factory. He tried on a pair and asked the price. "That shoe costs you $7.50," the clerk replied. Noticing Kreider's surprise, the clerk add ed: "That shoe costs us $6.75." "You're a liar," Kreider said, '.'and your store will never buy another shoe from my factory. That shoe costs you $3.95." Eating Way Out of "Frosted Cake." Ripley, O. Frank Henize, farmer, missed a red bull which disappeared from hfs farm and advertised for It One week after the animal was found alive In the center of a frost-covered strawstack, having been burled In a fall of straw. He had tried to eat his way through the stack. 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