THE SOLICITOR. 



869 



statutes. Upon investigation it appear::' impossible to establish 

 that the party apparently guilty of the olFense had actuall}'- shipped 

 the game, and the case was abandoned upon the recommendation of 

 the United States attorney. 



Aji important decision, on a case arising under the Lacey Act (act 

 of May 25. 1900: 31 Stat., 187), was handed down by the circuit 

 court of appeals in Rupert v. United States (Circular No. 30, Office 

 of the Solicitor). Rupert was indicted, convicted, and fined SI 00 

 and costs for sliipping quail in interstate commerce, the same having 

 been killed in violation of the laws of Oklahoma and with intent to 

 ship the birds out of the Territory. On writ of error the court of 

 appeals held that the Territory had authority to provide that quail 

 should not be sliipped out of its boundaries, even though the same 

 was killed in open season; it was also held that the Lacey Act was 

 constitutional and that Congress was empowered to require that inter- 

 state shipments of game should be plainly marked so as to show 

 the contents. 



TRESP.\SS ON BIRD RESERVE. 



On or about January 22, 1910, the commander of the revenue cutter 

 Thetis discovered 23 Japanese poachers in the act of killing a large 

 number of birds on Laysan Island, which is one of the islands included 

 in what is known as the "Hawaiian Island Reserv'^ation," set apart by 

 the President in Executive Order No. 1019 on February 3, 1909, as a 

 breeding ground for birds. The killing of these birds on the island 

 of Lavsan was in direct violation of the act of June 28, 1906 (34 Stat., 

 536, now section 84 of the Criminal Code, 35 Stat., 1088). About 

 259,000 bird wings in the possession of the Japanese were seized by 

 the Thetis; the prisoners and their booty were afterwards delivered 

 up to the United States marshal at Honolulu, Hawaii. Indictments 

 were later returned against all the Japanese, and the plumage was 

 turned over to the agent of tlie Department at Honolulu for storage. 



An apparent violation of the act of June 28, 1906 (34 Stat., 530), in 

 the shooting of pelicans and terns on the Mosnuito Inlet bird reser- 

 vation, near the moutlis of the Halifax and Hillsboro rivers, Florida, 

 was reported to the Attorney-General for appropriate action in the 

 fiscal vear 1909. This case was pending on crmiinal information filed 

 December 6, 1909. 



