/OOLOfiFCAI. SOCIF.TY J5L1.I.KTI N" 



ZOOLOGICAL SOCIETY BULLETIN 



Sfpartit 



I S. Ck 



KeptiUii 



Raymond L. Ur 



Aquarium 



C. H. TOWNSKSI 



KavmosdC. Osi 



Published bi-monthly at the Office of the Soeiely. 

 11 Wall Street. New Vork City. 



Yearly by Mail. $1.00. 



M.\ILED FREE TO MEMBERS. 



Copyright. ISlk. by the Xeir Yurk Zoological Soriely. 



Ejieh author is responsible for the scientific accuracy 



and the priK>f readins of his cniitrihution. 



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\(.l.. \\\l. Nil. t 



•ILLY. UMl. 



ENIORC K.MENT OF THl. MIGRATORY 

 BIRD LAW. 



In a short time the enemies of the migratory 

 bird law will, with great glee, announce once 

 more that the law is "unconstitutional." Thi'> 

 time the statement will have a little more to 

 rest upon than the soap-box decisions of 

 learned spring-shooters of wild fowl who never 

 even saw the national constitution. 



In eastern Arkansas at Jonesboro. on May 

 27. in the United States District Court, the 

 case of the United States against Harvey C. 

 Schauver. for a violation of the Federal mi- 

 gratory bird law. was heard by .ludge Jacob 

 Trieber, who decided that "the law is uncon- 

 stitional. ' Of course the United States will 

 carry the case up until it finally reaches the 

 United .'^tates Supreme Court, where, with 

 extra expedition, a decision may be expected 

 in about eighteen months. 



The first decision on the status of the migra- 

 tory law was that rendered in South Dakota 

 on April 18. lOll. by Judge J. D. Elliott of 

 the Federal Court, who decided, in the case of 

 A. M. Shaw, tiiat the law is constitutional. 

 Mr. Shaw jjleaded guilty, and was fined .'flOO. 

 which was paid. 



The friends of birds need feel no al.irm over 

 this incident, nor anything more serious than 

 mild interest. Unless the United States Su- 

 preme Court deliberately elects to pull down a 

 full score of laws that the representatives of 

 the American people have enacted in Congress 

 for the greatest good of the greatest number, 

 the feder.il migratory bird law will stand. The 

 side of tile Peojile and the Birds will be taken 

 care of. if need be, by .-i hundred able lawyers, 

 who are fully convinced that the law is eonsti 

 tutional. and that its stability can be demon- 



strated to the satisfaction of .my o))en and 

 logical legal mind. 



In addition to the score or more New York 

 and Washington lawyers who have offered their 

 services to this cause, some of whom already 

 have prep.ired extended briefs. Mr. Frederic 

 R. Coudert. one of the most distinguished mem- 

 bers of the American bar. has volunteered his 

 service on the side of the birds. — an offer which 

 undoubtedly will be accej)ted. The United 

 States Department of Justice, headed by At- 

 torney-General McReynolds. can confidently 

 be trusted to conduct the People's fight for the 

 birds with all the legal acumen and resources 

 of that Department. 



The decision of Judge Trieber in the East- 

 ern District Court of Arkansas will not in the 

 least affect the enforcement of the national mi- 

 gratory bird law in other States, nor even in 

 other districts. In the forty-seven other States 

 of our country the migratory bird law will be 

 rigidly enforced, and those who violate it will 

 be brought to book and punished. 



Meanwhile, the negotiations for the inter- 

 national treaty are going right on, just as rap- 

 idly and satisfactorily as is possible in such a 

 matter. The Canadians realize that in protect- 

 ing the migratory birds we are doing our best 

 to gixe them a square deal. In due time the 

 treaty will be signed, .and ))resented to the 

 L'nited States Senate for ratification ; .md when 

 that is done, we believe that the .Senate will 

 ratify it. The resolute action of the .Senate, 4.5 

 to 1 7. restoring the House appropriation of 

 •1>.50,000 for the enforcement of the migratory 

 bird law, hi/ fxco i/ea-anil-iiaii votes, shows once 

 more that the United .St.ites Senate is an im- 

 pregnable Gibralter of wild life jirotection, and 

 even foes within are powerless to turn it over 

 to the enemy! W. T. H. 



.V,:,;' York. .Jniir 1, lOI',. 



ROM. OF HONOR. 



The following ;ire the .Senators by whose 

 votes. May 12, I9U, the Federal Migratory 

 Bird Law was saved. Many other friends 

 of the measure were either p.ured or .ibsent: 



James H. Brady, Idalui. 



Henry K. .\sluirst, .Vrizoiia. 



Frank B. Brandejiee, Coiiiu'cticnt. 



.Foscph I.. Bristow, Kansas. 



Kdwiii C. Burleifrli, Maine. 



Thomas K. Burton, Ohio. 



(ieorge E. C'lianilierlain, Orej^on. 



.Mnscs E. Clai.i), Minnesota. 



Clarence I), (lark. Wvoniinfr. 



l.fBaron B. Colt, Hhndc Island. 



