THE SOLICITOE. 923 



entitled to admission into this country and to interstate commerce 

 subject only to the provisions of the food and drugs act. 



THE LACEY ACT. 



During the preceding fiscal year 4 cases arising under sections 242 

 and 243 of the Penal Code of the United States were reported to the 

 Attorney General for appropriate action. Two of these cases were 

 subsequently dismissed Because of inability to locate the offenders. 

 The other 2 cases were pending in the hands of the United States 

 attorney at the close of that year. The 2 cases last referred to were 

 tried during the present fiscal year and resulted in the imposition of 

 a fine of $25 upon the offenders, who had shipped quail from Wash- 

 ington, D. C, to Chicago, 111., in packages which were not marked 

 so that the nature of the contents might be readily ascertained on 

 the outside thereof. During the last five months of the fiscal year 34 

 cases involving unlawful shipments of game were reported to the 

 Attorney General. Of these 1 involved the shipment of game in an 

 unmarked package; 7 the receipt of game shipped in violation of the 

 laws of the State from which shipped; 13 delivery for interstate 

 shipment of game exported from State of origin illegally; 7 interstate 

 transportation by carriers of game exported from the State of origin 

 illegally; and 6 interstate shipment of game both killed and shipped 

 in violation of laws of the State where killed. One of the most 

 important cases yet decided under the Lacey Act, of which sections 

 242 to 244 of the Penal Code are codifications, was that of United 

 States V. Thomas II. McGowan, arising in the Western District of 

 Pennsylvania out of the receipt by ]\IcGowan of five separate con- 

 signments of quail from Kentucky, the laws of this State in force at 

 the time of the shipment prohibiting export of quail therefrom, and 

 section 244 of the renal Code of the United States prohibiting a con- 

 signee from kno\v4ngly receiving game shipped from another State in 

 violation of the laws of that State. The defendant entered a plea of 

 nolo contendere and was fined $50 for the first offense, sentence being 

 suspended in the remaining 4 cases. The defendant attempted to 

 excuse the offenses on the ground that an act of the legislature of the 

 State of Kentucky some years past which he consulted did not pro- 

 hibit the shipment of quail from the State. The court in rejecting 

 any such excuse imposed the $50 fine upon the defendant as a warning 

 tliat in the future he should not rely upon acts of State legislatures 

 passed years before the receipt of game by him. In 3 other cases 

 closed during the year in the Western District of Michigan defendants 

 were fined $25 each. One defendant was acquitted. The remaining 

 cases were pending in the hands of the Umted States attorneys at 

 the close of the year. 



The Biological Survey, by which bureau the evidence of violations 

 of the Lacey Act is secured, perfected arrangements during the latter 

 part of the fiscal year with several State game departments by which 

 the latter \Nnll, in the future, furnish the department the evidence in 

 every case arising in the State courts involving the illegal export of 

 ^ame from the respective States, which will be a basis for proceedings 

 m the Federal courts for violutiou of sections 242 to 244 of the Penal 

 Code. In addition to this, evidence will be secured by one or more 



