THE GAME BREEDER 



39 



hold that this applies to resident game 

 and that migratory fowl are owned by 

 the Nation, and that it is within the po- 

 lice powers of the United States to reg- 

 ulate the taking of migrants. One thing 

 is certain, the property should not be 

 regulated by both the state and the na- 

 tion, since it is absurd for one govern- 

 ment to permit the taking of game for 

 breeding purposes and to permit the 

 shooting at a time when another govern- 

 ment arrests people for so doing. It is 

 equally certain that many game breeders 

 now own a big lot of game and are sell- 

 ing it to state departments, game farms, 

 preserve owners and individuals for 

 breeding purposes, export and for food. 



Domestic Pheasants in California Jeo- 

 pardized by Bill. 



Senator Chamberlain gave notice that 

 he would move reconsideration of a bill 

 passed by the Senate today making it a 

 misdemeanor for any one in California 

 to hunt, pursue, take, kill, destroy or 

 have possession of swans, wild pheas- 

 ants, quail or partridge. He said the 

 bill as passed would prevent any one 

 having possession of a domesticated 

 pheasant. The measure was passed to- 

 day. 



The Senate also passed a bill by 

 Scott prohibiting fishing within 250 feet 

 of a fishway or within 100 feet of the 

 upper side of any fish screen. The meas- 

 ure was the first to be passed at the sec- 

 ond half of the legislative session. 



The bill, we are informed, was recon- 

 sidered. 



State Nullification. 



Charles Stanley, of Holyoke, Massa- 

 chusetts, writing to The World says : 



The following clipping from a recent issue 

 of the Kansas City Star is enlightening as to 

 the attitude of Prohibition Kansas toward a 

 national law that conflicts with the wishes of 

 what must be a small portion of its inhabitants. 

 I quote : 



The Kansas Legislature has passed a law to 

 legalize the shooting of ducks in defiance of 

 the Federal law against that sport. The Kan- 

 sas law, in fact, was passed for the purpose of 

 defying the Federal law, and provides that any 

 one arrested by the Federal authorities under 

 the Kansas law will have the full legtl pro- 

 tection of the State. 



So there you are. If any one believes that 

 Kansas can keep him out of a Federal jail, let 

 him go out and kill a duck. It will add a lot 

 of sport to the already bully sport of duck- 

 hunting. 



These same good, law-abiding citizens held 

 up their hands in holy horrors when the 

 brewers make the claim that the manufacture 

 and sale of 2^4 'per cent, beer is not contrary 

 to the letter and intent of the National Prohi- 

 bition Law, inasmuch as it is not intoxicating. 

 To illustrate : One pint of 2% per cent, con- 

 tains 44-100 of one ounce of 100-proof alcohol, 

 or less than one tablespoonful of alcohol of the 

 strength of the best whiskey. One quart, 

 which should satisfy the thirst of even a Kan- 

 sas Prohibitionist, would contain but a trifle 

 over a tablespoonful and a half of 100-proof 

 whiskey. The ordinary twelve-ounce glass 

 used on bars contains only 33-100 of an ounce, 

 or less than three teaspoonfuls of 100-proof 

 alcohol. 



If one State can defy the national law in 

 protecting game birds, another State can defy 

 the Anti-Saloon League's pet scheme to en- 

 courage moonshining throughout the country. 



Sunday Fishing. 



It should be a source of gratification 

 to The Sun and to The Sun's Rod and 

 Gun contributors that after a two years' 

 fight against the penal code statute which 

 prohibited fishing "upon the first day of 

 the week" that statute has been elim- 

 inated from the law. Now any one can 

 fish on' Sunday without making himself 

 subject to arrest, fine and conviction. 



The Sun editorially stood back of the 

 anglers in their demand for freedom on 

 that day, and it is to The Sun as well 

 as to Gov. Smith that thanks should go. 

 Also to those who did the propaganda 

 work, "Bob-o-Link," James F. Farn- 

 ham, president of the Albany County 

 Fish and Game Club ; W. L. Loope, ed- 

 itor of the Mileton "Telegram" ; "Game 

 Law" (who is a well known citizen of 

 Albany), and others. 



It is worth while to print what Gov. 

 Smith said in a statement concerning the 

 bill : 



"As to the proposal to eliminate the 

 prohibition against fishing," he says, 

 "which many years ago became and has 

 remained a dead letter, there seems to be 

 no serious opposition, and it is proper 

 that the law should be amended so that 

 it will carry no longer an utterly un- 

 forced and unenforceable provision in 

 this regard." 



