ADDRESSES OF MAJOR LACEY 153 



destruction of the birds in Georgia, in which every Geor- 

 gian is interested, when they are killed in violation of 

 laws of your state. 



This bill will prevent the evasion of the state law by 

 the shipment of the game for sale in another state. 



Mr. Adamson. Still, if you think it will be valid, do 

 you think it would be wise to provide that game and 

 birds legally killed in a state where they exist can not be 

 sold in any other state or territory? 



Mr. Lacey. That is left wholly with the states. This 

 bill does not attempt to interfere ; it leaves it so that the 

 state may do so if the state thinks best. Suppose at At- 

 lanta they want to prevent the sale of quails between the 

 1st of October and the 1st of February, or after the 1st 

 day of February and down to October. Now, you find 

 by shipping Florida or Virginia quails at the same time 

 your local laws are nullified, because they can not dis- 

 tinguish between them. In order to protect your own 

 birds, you say no such birds killed anywhere shall be sold 

 within that period. This bill does not attempt to do more 

 than to enable your state to do this, notwithstanding the 

 original package decisions, which have in the city of New 

 York been utilized to destroy the state law. 



In New York they have precisely such a state law as I 

 suggested ; they have attempted to prevent the sale of all 

 wild birds out of certain seasons, although they were 

 killed lawfully in the state or foreign countries from 

 which they came, and the courts have held that as they 

 came in under interstate commerce, and as Congress has 

 not passed any original package law applying to game, 

 the laws are inoperative, and it is at their request that 

 this prohibition is inserted in the bill. 



