134 



THE GAME BREEDER 



full protection to game breeders. Mem- 

 bers of our society in Congress, who read 

 The Game Breeder, understood that a 

 good food-producing industry was 

 threatened and we took good care to see 

 that other members of Congress were 

 fully informed as to what game breeders 

 should have. After section 12 was add- 

 ed protecting game breeders the law ap- 

 peared to be beneficial and not harmful 

 in so far as our readers are concerned 

 and if the law is constitutional we be- 

 lieve it will prove to be beneficial to 

 game breeders. It distinctly says no one 

 can interfere with their industry. 



The Supreme Court Case 



After the new law was enacted it was 

 not necessary for the Supreme Court to 

 decide the case under the old law and this 

 was dismissed. The effect of the de- 

 cision was to leave the Circuit Court 

 judgments unreversed and those arrested 

 were, of course, freed from any penalty. 

 The decisions, however, have no effect 

 on the new law which was not before 

 the court. 



The New Law 



The present law is based on a treaty 

 procured with Canada and it is claimed 

 that although the first law was declared 

 unconstitutional by three courts the new 

 one will not be, because the constitu- 

 tion 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, any thing 

 in the constitution or laws of any state 

 to the contrary notwithstanding." The 

 new law, no doubt, will find its way into 

 the Supreme Court and one of the ques- 

 tions the court will be required to pass 

 on is, if a given proposition is uncon- 

 stitutional it can be made constitutional 

 by an agreement with a foreign coun- 

 try. The decision will determine if the 

 constitution can or can not be amended, 

 and in fact reversed by an agreement 

 made between our government and that 

 of a foreign country, without consulting 

 the states or securing an amendment to 

 the constitution by the ratification of 



the states. We have an opinion, as oth- 

 ers no doubt have, as to how the court 

 will decide the matter, but since the 

 game breeders are fully protected in the 

 law they, of course, are not interested 

 in opposing it as they would have been 

 had the amendment protecting them not 

 been made before the law was enacted. 



Other Cases 



Readers who are interested in guess- 

 ing what the court will decide about the 

 new law will be interested in reading 

 several decisions which have been ren- 

 dered by the Supreme Court. 



Court Decisions 



In Ward vs. Race-Horse, the facts 

 were that an Indian named Race-Horse 

 shot an elk out of season in violation 

 of the law of the state of Wyoming. A 

 federal treaty gave the tribe of which 

 Race-Horse was a member the right to 

 hunt and fish forever on their reserva- 

 tion. The court upheld the state game 

 law on the ground that. Wyoming had 

 become a sovereign state with the right 

 of other states to enforce its police pu 

 ers in regard to game. 



In Kennedy vs. Becker a New York 

 Indian claimed his right under a treaty 

 to fish as he pleased in violation of the 

 New York law. He was defended by 

 the United States Attorney General, but 

 the Supreme Court upheld the game law 

 of New York. Justice Hughes rendered 

 the opinion of the court, holding that the 

 power to preserve game and fish within 

 its borders is inherent in the sovereignty 

 of the state. 



When the California Supreme Court 

 decided that the state police powers were 

 supreme and upheld a law prohibiting 

 Japanese from owning real estate in Cali- 

 fornia, Japan claimed treaty rights but 

 the president notified her that an at- 

 tempt made to have California recon- 

 sider the matter had failed and he could 

 do no more. Possibly the United States 

 may hold that the states only own resi- 

 dent game and that birds of passage are 

 owned by Canada part of the time and 

 by the United States during certain sea- 

 sons, when thev come to us. It is some- 



