32 



The Canadian Field-Naturalist. 



[Vol. XXV. 



Photographing the birds entering and 

 leaving the nest was attempted but with 

 scant success owing to the disappointing 

 qualities of the only so-called fast plates 

 available when we left Winnipeg. Despite 

 the most brilliant sunshine a bird photo- 

 grapher could wish for, an exposure of 

 1/lOth second at an aperture of F6 was 

 the shortest possible to get a decently ex- 

 posed negative. The movements of the 

 l)ird were far too quick for such a time 

 exposure. The heat of the little sandpit in 

 the full glare of the July sun (shade tem- 

 perature 90deg. odd) was almost unbear- 

 able, perspiration dripping steadily off 



every inch of one's body during the Avhole 

 of the time in the blind. Ants were count- 

 less, a hearty biting variety; "bulldogs" 

 and other flies took each their ounce of 

 flesh at frequent intervals; mosquitoes in 

 their batallions bit through shirt and trou- 

 sers alike, yet movement was impossible. 

 The birds proved good subjects, both male 

 and female bringing food to the half- 

 grown young at regular intervals of about 

 half an hour, but owing to the poor plates 

 the camera was given up in disgust and 

 most of the three or four days spent in the 

 hide were devoted to observation and 

 sketching. 



THE KING versus 



This case has attracted such wide at- 

 tention among naturalists, sportsmen, and 

 all who are interested in the conservation 

 of the Wild Life of the continent that a 

 summary of it is not out of place here. If 

 any reader desires the full text of the de- 

 cision it may be obtained from the Com- 

 missioner, Canadian National Parks 

 Branch, Ottawa. 



On March 31, 1920, Russell C. Clark was 

 apprehended near Mount Stewart, P.E.I., 

 by P. G. Rowe, a migrator}^ Bird Warden. 

 At the time Mr. Clark had in his posses- 

 sion a boat, a shot-gun, and fourteen Can- 

 ada Geese. He was tried before a local 

 magistrate and the case dismissed. 



Then the case came before the Supreme 

 Court of Prince Edward Island on an ap- 

 j)eal from the dismissal. 



It was suggested by the defence that the 

 Migratory Birds Convention Act was ultra 

 vires the Federal Legislature as regards 

 birds found in the province of Prince Ed- 

 ward Island, they being the property of 

 the Province, and the question being raised 

 was considered. 



The judgment of the court states in part 

 that this Act was passed to give effect to 

 a Treaty for the Protection of Migratory 

 Birds which traverse Canada and the 

 United States, the title whereof is not con- 

 sidered vested in any particular part of 

 either country. 



The Treaty determines certain close sea- 

 sons and it is by it agreed that appropriate 

 legislation for insuring its execution should 

 be enacted by the law-making bodies of the 

 High Contracting Powers. This has been 



RUSSEL C. CLARK. 



done b}^ the Federal Parliament in the Act 

 of 7, 8, George V, thus performing an obli- 

 gation of this Dominion arising under a 

 Treaty between the Empire and a foreign 

 power. 



Under the British North America Act, 

 1867, the Parliament of Canada is given 

 exclusive power to make laws in this res- 

 pect. 



It is pointed out in the judgment that 

 similar legislation has been enacted by an 

 Act of Congress of the United States of 

 America, and in the case the State of Mis- 

 souri, Appellant, and Ray P. Holland, 

 United States Game Warden, the Supre- 

 me Court of the United States held that 

 the Migratory Birds named in the Act 

 were only transitorily within any State, 

 having no permanent habitat therein, and 

 that they could be protected by national 

 action in concert with that of another 

 power. 



The judgment goes on to state that the 

 Canada Goose is indisputably a migratory 

 bird traversing the Continent of America 

 from the frozen North to the Gulf of Mexi- 

 co and that it is only at certain seasons 

 to be found in any particular part thereof. 



Uniform protection for such birds is not 

 possible for any Provincial Legislature 

 although the killing and sale of such birds 

 as between the Province and its people may 

 be regulated b}' the Provincial Legislature. 

 Uniform protection for these birds can 

 only be accomplished "by national action 

 in concert with another power" and here 

 the Supreme Court of Prince Edward 



