REPORT OF THE SOLICITOR. 



363 



A number of proposed orders of the Secretary of Agriculture to 

 establish, and of regulations to enforce, quarantines under the law 

 were examined as to their legal form and sufficiency. 



Nine opinions on questions arising under the law were rendered 

 at the request of the Federal Horticultural Board. 



Forms were drafted showing information necessary before pre- 

 senting a case for prosecution and forms for report on the character 

 of the evidence available. 



Court Decision of Interest. 



In United States v. Adams Express Co. (230 Fed., . r >31), it was 

 held that an information charging a violation of the plant quarantine 

 act need not be sworn to where no warrant of arrest is sought; also 

 that where the regulations or notice of quarantine did not specify 

 deciduous nursery stock, shipment thereof without inspection was 

 not a violation of the act. 



THE LACEY ACT (35 STAT., 1137). 



Fifty-one cases were reported to the Department of Justice. At 

 the close of the preceding fiscal year 37 cases were pending, of which 

 36 were closed during this fiscal year, 16 by convictions and the 

 imposition of fines, 1 by sentence to three months in jail, 1 by directed 

 verdict of not guilty, and the remainder by dismissal for want of 

 sufficient evidence, inability to identify defendants, and removal of 

 defendants from the district. 



Of the 51 cases reported during the year 19 were closed, 15 by 

 convictions and the imposition of fines, 1 by sentence to 13 days in 

 jail, 1 by suspended sentence, and 2 by dismissal. Thirty-three cases 

 were pending at the close of the year. 



Fines were imposed as folloAvs: 



In addition to the fines and jail sentences, defendants were com- 

 pelled to pay substantial costs. 



PROTECTION OF BIRD RESERVES LAW (35 STAT.. 1104). 



There were no prosecutions under this statute during the year. 



THE MIGRATORY BIRD LAW (37 STAT., 847). 



TAventy-five cases reported during the previous fiscal year were 

 pending at the close of this fiscal 3 7 ear. The case, of United States v. 

 Shauver (214 Fed., 154), involving the constitutionality of the mi- 

 gratory bird law, which was removed to the Supreme Court of the 

 United States on the Government's writ of error, was argued on 

 October 16, 1015. On February 28, 1016, it was restored to the 

 docket for reargument, and was pending reargument at the close of 

 the year. Owing to the pendency of this case in the Supreme Court, 



72412°— agr 191G 24 



