THE LACEY ACT. 53 



of State laws. This latter feature was explained in the report of the 

 House committee as follows: 



The most important purpose of this bill is to supplement the State laws for the 

 protection of game and birds. * * * Where States are powerless to protect them- 

 selves, 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. * * * Interstate commerce is beyond State 

 control. The killing or carrying of game within the limits of a State is a matter 

 wholly within the jurisdiction of the State, but when the fruits of the violation of 

 State law are carried beyond the State, the nation alone has the power to forbid the 

 transit and to punish those engaged in the traflSc. This bill will give to the game 

 wardens the very power that they now lack and which would be the most effective 

 for the purpose of breaking up this commerce. The bill is supported by many per- 

 sons and associations throughout the United States, and your committee are of the 

 opmion that it will be of much aid in preventing the present rapid extermination of 

 our game, song and insectivorous birds. ^ 



The act reads as follows: 



An Act (H. R. 6634) to enlarge the powers of the Department of Agriculture, prohibit the transporta- 

 tion by interstate commerce of game killed in violation of local laws, and for other purposes.^ 



Be it enacted by the Senate and House of Representatives of the United States of America 

 in Congress assembled, That the duties and powers of the Department of Agriculture 

 are hereby enlarged so as to include the preservation, distribution, introduction, and 

 restoration of game birds and other wild birds. The Secretary of Agriculture is 

 hereby authorized to adopt such measures as may be necessary to carry out the pur- 

 poses of this act and to purchase such game birds and other wild birds as may be 

 required therefor, subject, however, to the laws of the various States and Territories. 

 The oliject and purpose of this act is to aid in the restoration of such birds in those 

 parts of the United States adapted thereto where the same have become scarce or 

 extinct, and also to regulate the introduction of American or foreign birds or animals 

 in localities where they have not heretofore existed. 



The Secretary of Agriculture shall from time to time collect and publish useful 

 information as to the propagation, uses, and preservation of such birds. 



And the Secretary of Agriculture shall make and publish all needful rules and reg- 

 ulations for carrying out the purposes of this act, and shall expend for said purposes 

 such sums as Congress may appropriate therefor. 



SEf. 2. That it shall be unlawful for any person or persons to import into the 

 United States any foreign wild animal or bird except under special permit from the 

 United States Department of Agriculture: Provided, That nothing in this section shall 

 restrict the importation of natural history specimens for museums or scientific collec- 

 tions, or the importation of certain cage birds, such as domesticated canaries, parrots, 

 or such other species as the Secretary of Agriculture may designate. 



The importation of the mongoose, the so-called ' ' flying foxes ' ' or fruit bats, the 

 English sparrow, the starling, or such other birds or animals as the Secretary of 

 Agriculture may from time to time declare injurious to the interest of agriculture or 

 horticulture is hereby prohibited, and such species upon arrival at any of the ports 

 of the United States shall be destroyed or returned at the expense of the owner. The 



1 Fifty-sixth Congress, first session, House of Kepresentatives, Report No. 474, to 

 accompany H. E. 6634. 

 ^Cong. Record, XXXIII, pp. 3868, 5228, April 2 and 30, 1900. 



