92 WILD LIFE PROTECTION FUND 



habitat therein. But for the treaty and the statute there 

 soon might be no birds for any powers to deal with. We 

 see nothing in the Constitution that compels the Govern- 

 ment to sit by while a food supply is cut off and the protec- 

 tors of our forests and our crops are destroyed. It is not 

 sufficient to rely upon the States. The reliance is vain, and 

 were it otherwise, the question is whether the United States 

 is forbidden to act. We are of opinion that the treaty and 

 statute must be upheld. Cary v. South Dakota, 250 U. S. 

 118. 



Decree affirmed. 



Mr. Justice Van Devanter and Mr. Justice Pitney dis- 

 sent. 



