Iron County register. [volume], July 08, 1920, Image 3

About Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965

Image provided by: State Historical Society of Missouri; Columbia, MO

                
' 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. The bull, al
though off In weight was apparently
none the worse for his experience,
rain having given the straw enough
moisture to assuage thirst '
' . Kept His Appendix, Too.
Madisonvllle, Ky. The most in
genious burglar of local record called
on Doctor Clifford at Nebo. After
making arrangements to undergo an
operation he was put to bed for the
night The next morning the patient,
$5 and the physician's stock of nar
totics were missing.
BIG ULCER
ALL HEALED
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dollar.
"Money Isn't everything in this world.
There Is many a bis hearted, rich man
who would give ail he has on earti to be
able to produce a remedy with auch
mighty healing power aa Peterson'! Oint
ment, to sell at all druggists for 16 cents
a large box."
Dear Sirs:
"I was an untold sufferer from old ran.
Blng sore and ulcers. I had tried most
everything without any relief from pain.
A friend told me of your wonderful oint
ment and the first box took away the
pain that had not left me before In years,
and after using Just nine dollars' worth
of the salve I am cured. The ulcer was
I Inches by 6H Inches, U all healed and I
can walk. Never, never will I be without
Peterson's again.
"You may use this to recommend your
ointment. If you wish. I cannot say enough
to praise It" Tours truly, Mrs. Albert
Bouthoott, Medina, N. T. Mall orders
filled by Peterson Ointment Co., Inc., Buf
falo, N. T.
OIL MAP
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To anyone Interested In ol! or oil
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FREE for Ihe Asking
Write
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VICTIMS
RESCUED '
Kidney, liver, bladder and uric add
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Heed the first warning they give
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W. N. U, ST. LOUIS, NO, 27-1920.