CHAPTER IV 



THE SPHERE OF THE STATE GOVERNMENT IN 

 WILD-LIFE CONSERVATION 



IMPORTANT as have been the powers exercised by the 

 national government over wild life, the powers of the state 

 governments are of still greater importance. Our federal 

 system, as has already been pointed out, 1 permits the national 

 government to exercise only such powers as have been dele- 

 gated it by the United States constitution, while the states 

 are constituted the depository of all remaining powers, not 

 expressly forbidden them by the constitution. 



The authority of the national government over wild life 

 has arisen not from any power expressly delegated to it by 

 the constitution but rather incidental to the exercise of other 

 delegated powers. Because of that fact, it therefore remains 

 to the state governments, within certain limits, to exert 

 the chief control over wild life in the continental area of the 

 United States. 



The Legal Basis of State Control: The authority of the 

 state government over animals ferae naturae 2 is founded 

 upon two legal principles; the first is known as the " police 



1 Supra, p. 31. 



2 Animals ferae naturae includes both fish and game, the meaning of 

 which varies from state to state. In general " game " means birds and 

 beasts of a wild nature obtained by fowling and hunting ; " fish " in its 

 broadest sense, is a designation of any aquatic animal. See Grate v. 

 McKee, 258 Fed. 335 (1919) ; Meul v. The People, 198 111. 258, 64 N. E. 

 1106 (1902). 



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