Dec. 30, 1911.] 
FOREST AND STREAM. 
937 
Migratory Game Birds. 
New Orleans, La., Dec. 5.— Editor Forest and 
Stream: In your issue of Dec. 2 I have read 
with a great deal of interest Dr. Palmer’s re¬ 
port on the game bills pending in Congress, and 
also your editorial under the head of Game Bills 
in Congress. 
In regard to the sentiment expressed in the 
third paragraph of the editorial referred to— 
reading as follows: “The feeling that the Fed¬ 
eral Government should protect and care for 
migratory birds is constantly growing”—it seems 
to me to be confined to others than democratic 
Democrats. Personally, I hope that such a thing 
will never take place. I would rather see the 
game birds sacrificed than to have our political 
liberties encroached upon by a centralized Gov¬ 
ernment. Fortunately, the p’an is entirely un¬ 
constitutional, and I beg to hand you herewith 
a copy of a speech made by our attorney, Hon. 
Amos L. Ponder, which in my opinion will con¬ 
clusively prove it to be so. 
Frank M. Miller, 
President Game Commission. 
Mr. Ponder’s address before the convention 
of the National Association of Game Commis¬ 
sioners was in part as follows: 
Owing to the agitation on the part of some 
statesmen, who seek to have Federal control ex¬ 
clusively over the protection of birds, game and 
fish, and some statesmen who believe in local or 
county control of the birds, game and fish, it 
will be necessary for me to trace the history of 
the organization of our Government, National, 
State and parochial to ascertain to which branch 
of this Government, of checks, the subject right¬ 
ly belongs. 
In order to do that, it is necessary for us to 
divide this branch of the subject into two parts: 
First, State vs. Federal control, and second, the 
State vs. local or county control. Man has ex¬ 
perimented with all kinds of Government, but 
we as Americans believe all Governments will 
fail, unless it be a free Government based on 
constitutional liberty. * * * From this constitu¬ 
tion sprang a National Government of delegated 
powers; that is, Congress was only given power 
to legislate on certain subjects enumerated under 
seventeen different heads under eighth section 
of Article 1,- and which has been added to by 
subsequent amendments, while all other powers 
not specially delegated were reserved to the 
States. The genius, therefore, of our Govern¬ 
ment gives to the highest legislative body the 
right to legislate on certain enumerated subjects 
and at the same time it gave to the counties, 
municipalities and parochial governments only 
such power as might be given it by the Legisla¬ 
ture of the State. While in both instances, the 
sovereignty is vested in the State subject to the 
delegated authority of the constitution. Fear¬ 
ing the fate of Rome, Federal authority is 
limited and restricted. Fearing the fate of 
Greece, the local authority is limited and re¬ 
stricted. In other words, Congress can only 
legislate on subjects specially enumerated by the 
Federal constitution, while the State can legis¬ 
late on any subject not prohibited by that consti¬ 
tution or the State’s constitution, while counties 
and municipal corporations can only legislate by 
the special delegated mandates of the Legislature. 
There are to-day two distinct forces operating 
on the minds of American statesmen, the one 
clamoring for a large Federal power and the 
other clamoring for a large local power. Either 
of which, if successful, is destructive of the 
Government itself. The only true criterion that 
American statesmen should follow is the Federal 
constitution and the interpretation placed upon 
it by the highest tribunal in the land. That 
tribunal from its first organization to the pres¬ 
ent day has zealously guarded State rights. 
Mr. Ponder cites a number of cases in which 
decisions have been rendered in favor of State 
rights, most of which have been given in these 
columns recently. In conclusion he says: 
In fact, this principle of law is older than the 
Christian religion. Solon forbade the Athenians 
to kill game. It is older than the civil law, be¬ 
cause in France it was recognized under the 
Salic law. It is as old as the common law in 
England, because Mr. Blackstone declared it to 
be inherent in the State without legislation. 
Therefore, we find two points well established 
by the jurisprudence of all ages—first, the birds, 
the game and the fish are the property of the 
sovereign or State; second, the regulation of its 
capture is a police regulation and is under the 
police power of the State. If it is the property 
of the State, the State has the exclusive power 
to control it. No other power can control it, 
unless that State delegates that power to some 
other. Holding these views, that the State is 
the owner of the birds, game and fish found 
within its borders, and believing that the • State 
has the inherent legal right to control its own 
property, and that its control is a police power 
belonging exclusively to the State, it is, there¬ 
fore, my deliberate opinion that any act passed 
by Congress having for its purpose the control 
of the birds, game and fish in the several States 
would be absolutely unconstitutional. * * * 
Do not understand me to be opposed to the 
aid of the Federal Government. It should aid 
and support the State in protecting its property. 
The very genius of our Government calls for 
this, and I tell you frankly no man living or 
dead has furnished more information or done 
more to secure legislation necessary for such 
protection than has that great man at the head 
of the National game department, Dr. T. S. 
Palmer, and I firmly predict that the unborn 
generations will call him blessed for his devoted 
efforts to preserve their heritage. Dr. Bowers, 
of the National Fisheries, deserves the love of 
all Americans, but for pure unselfish love of 
humanity no organization deserves more credit 
than the Audubon Society and its honored head, 
Hon. Wm. Dutcher, and its brilliant Secretary, 
Hon. T. G. Pearson. Without an income, ex¬ 
cept voluntary contributions, this great organiza¬ 
tion has gone out, aroused the public conscience, 
and had that conscience crystalized into law. 
The various journals devoted to outdoor and 
manly recreations, such as Forest and Stream, 
American Field, Outing, Recreation, Amateur 
Sportsmen and Field and Stream deserve the 
undying gratitude of all lovers of true game 
protection. Louisiana stands to-day under the 
leadership of her brilliant Governor, ready to 
co-operate with all organizations looking for 
game protection. This State will clasp the hand 
of the National Government and declare to the 
world that these gifts of God shall not perish 
from the earth, but will never surrender its prop¬ 
erty or its legislative powers vouchsafed by the 
constitution of our great country. 
Hungarian Partridges. 
Wenham, Mass., Dec. 21. — Editor Forest and 
Stream: On the last day of March, 1911, about 
seventeen pairs of Hungarian partridges were 
turned loose here at Wenham. I had kept them 
in a large yard all winter and they were fine, 
healthy birds. 
These individuals of course scattered and 
were seen in singles, pairs and trios all the spring 
though less frequently as summer came. On 
Aug. 1, however, we ran across a fine bevy of 
twenty-four birds, showing that probably at 
least two pairs had bred. This flock was seen 
on several occasions, but we finally lost track of 
it, as it moved off the farm. 
I myself saw no more of the partridges until 
Sunday, Dec. 10, when walking with the dog 
through Birch Plains near the Danvers line, I 
started two little flocks, thirteen in all. The 
surprising thing was the extreme wildness of 
these birds. I hey got up from two to four 
gun shots ahead of the dog, who by the way paid 
no attention to them. I was pleased to see them 
so wild and to learn that they had been able 
to keep away from the foxes and other vermin. 
They were in a place that is very heavily 
poached for pheasants, and acted as if they 
knew the range of shot. I suspect they have 
dodged a good many loads. 
1 his fall twelve more pairs were purchased 
and an attempt will be made to mate and rear 
some. It appears that unlike our quail any cock 
cannot be placed with any hen, which increases 
the trouble. One must watch a group of birds 
and pick out what he thinks are mated pairs. 
Taken all in all I cannot say that the Hun¬ 
garians look very promising, but perhaps they 
are worth a fair trial. J. C. Phillips. 
Information Wanted. 
Editor Forest and Stream: 
For the benefit of those that have not been to 
Florida or the Tropics, will some of the cor¬ 
respondents of Forest and Stream state what 
is to be expected in the way of insect or ani¬ 
mal pests and what provision should be made 
to avoid them? 
Redbugs, jiggers, scorpions and flying things 
all stand out to deter one, and occasional experi¬ 
ences related by those that have suffered do not 
?dd to the anticipation of pleasure for those that 
may go afield. 
It seems a matter not often dealt with by 
writers of Southern experiences, hence the at¬ 
tempt to bring it up as a separate subject. A. 
All the game laws of the United States and 
Canada, revised to date and now in force, are 
given ‘in the Game Lazos in Brief. See adv. 
