138 MAJOR JOHN F. LACEY 



gin where the state laws leave off. The state laws can 

 have no extradition force and the national laws can not 

 operate in a single state. 



But interstate commerce is wholly in the control of the 

 federal government. Where the states are powerless to 

 protect themselves the national government has ample 

 power. This bill goes to the very root of this matter by 

 forbidding interstate commerce in such animals and birds 

 when killed or caught in violation of local laws. To il- 

 lustrate: The pot-hunter in Iowa, Missouri, or Kansas 

 kills quails out of season and in violation of the laws of 

 those states. He does not merely kill a few for his own 

 use, but he slaughters or traps them indiscriminately for 

 the purpose of sending them for sale in the market. He 

 avoids the state law by secretly shipping them to a mar- 

 ket beyond the state. 



When the birds arrive at their destination they are ex- 

 posed for sale, and as they were not killed in the state, 

 the state laws do not meet the case. Now, if the game 

 wardens or other law officers of these states could watch 

 the market and punish the persons engaged in the ship- 

 ment, the traffic could be broken up. 



The carriers have no desire to aid in this nefarious 

 traffic. The amount of their charges for freight on such 

 goods is a very inconsiderable sum, and there would be 

 no dispositioii on their part to interfere with the enforce- 

 ment of the law. On the contrary, we believe that they 

 would generally respect the letter and spirit of the law. 

 But should the carriers knowingly transport game killed 

 out of season they would be amenable under the pro- 

 posed bill. 



The consignor and the consignee would know that they 

 were dealing in illegal property, and a few examples 

 would break up the business. No state's rights or priv- 

 ileges are infringed by this bill. 



