Hunting in Many Lands 



to be sold in the State of New York in the 

 close season, there was no lack of evidence to 

 show that every head of game was killed else- 

 where and in the open season, and the petit 

 jury always found in favor of the oppressed 

 market man. When the law was changed so 

 that all game, wherever killed, was decreed 

 illegal, the defense was plead that such a law 

 restricted commerce and was unconstitutional ; 

 and it was not until the Society carried the 

 case of Royal Phelps, President of the Society 

 for the Preservation of Game, against Racey, 

 through to the court of last resort, as re- 

 ported in 6oth New York Reports, that this 

 defense was decreed insufficient. That case 

 was followed in Illinois (97 111., 320), and Mis- 

 souri (ist Mo. App., 15), and in other States, 

 until it became the established law of the 

 land. The Supreme Court of the United 

 States held (125 U. S., 465), that a State 

 cannot prohibit the importation of merchan- 

 dise from another State, but can the sale. 

 That court also sustained the right of States 

 to protect fisheries and destroy illegal nets 

 (Lawton vs. Steel, 152 U. S.), and it affirmed 

 the right of States to compel the maintenance 

 of fishways in dams erected in rivers (Holyoke 



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