Federal Protection of Migratory Birds. 9 



bird treaty act of July 3, 1918, will be effectively attacked on 

 the grounds of constitutionality, because the Constitution of 

 the United States provides that "... all treaties made, or 

 which shall be made, under the authority of the United States 

 shall be the supreme law of the land; and the judges in 

 every State shall be bound thereby, anything in the constitu- 

 tion or laws of any State to the contrary notwithstanding." 



EFFECT OF THE TREATY ACT ON STATE LAWS. 



The migratory-bird treaty act renders inoperative all State 

 and local laws that are inconsistent with it, but it authorizes 

 the several States to make and enforce laws not inconsistent 

 with the terms of the act or of the treaty, which shall give 

 further protection to migratory birds and their nests and 

 eggs ; but the open seasons may not be extended by the States 

 beyond the dates fixed by the Federal regulations. 



The Federal Government in effect has assumed a limited 

 jurisdiction over migratory birds in order to insure their 

 adequate protection. The States may not permit anything 

 to be done which is prohibited by the Federal Government, 

 but they may enact and enforce laws or take other measures 

 conforming to the provisions of the Federal regulations or 

 not in conflict with the operation of the Federal law. 



It seems quite clear that no State or subdivision of a State 

 can permit migratory birds to be hunted, killed, possessed, 

 sold, or transported at times, by means, or in numbers made 

 unlawful by the Federal act, but confusion arises from the 

 existence, at the time of the enactment of the Federal statute, 

 of closed seasons under State laws which overlapped either 

 wholly, or in part the open seasons prescribed by the Federal 

 regulations. If it is clear that a person is not authorized to 

 hunt migratory birds during that portion of a State open 

 season which is a part of a Federal closed season, it must be 

 equally clear that a person may not hunt during that por- 

 tion of the Federal open season which is included in the 

 State closed season, as hunting during that time would be 

 in violation of a law which the State is authorized to make 

 and enforce. 



To ascertain the period when migratory birds may be 

 hunted without violating either Federal or State laws, there 



