514 
FOREST AND STREAM 
April 20, 1912 
PROTECTION OF MIGRATORY BIRDS. 
Continued from page 49S. 
is one having jurisdiction over every foot 
of soil within its territory and acting di¬ 
rectly upon each citizen; that while it is a Gov¬ 
ernment of enumerated powers, it has, within 
the limits of those powers, all the attributes 
of sovereignty.” 
Senator Overman: That was for the purpose 
of protecting the mails? 
Mr. Haskell: Ostensibly that was the pur¬ 
pose. 
Senator Hitchcock: Suppose you are cor¬ 
rect in your theor3% and the Congress can pass 
an act to regulate the hunting of migratory 
game; how would you provide in any bill that 
such legislation should apply at one season in 
one State and another season in another State, 
and not equally throughout the country. 
Mr. Haskell: That is the reason that Mr. 
Weeks, in his bill, has left the matter to the De¬ 
partment of Agriculture to fix the seasons and 
make those regulations conform to the zones 
of temperature, the breeding habits, the times, 
and line of migratory flight. _ 
Senator Overman: That is a delegation ol 
power? 
Senator Poindexter: Let me ask you this 
other question relating to that. A great many 
of these States have laws protecting migratory 
birds—that is, ducks and geese? 
Mr. Haskell: Yes, sir. 
Senator Overman: Your proposition is that 
the Government shall fix the closed season for 
those same birds. There readily might arise a 
conflict between the State law and the Federal 
law. How would you adjust that? 
Mr. Haskell: I have already referred to that 
in calling attention to the clause in the Weeks 
bill that nothing in the proposed law shall be 
deemed to affect or interfere with the local laws 
of the States. 
Senator Overman: Would not that be 
equivalent to leaving the local laws in effect? 
Mr. Haskell: It would where they protect. 
Senator Overman: But suppose you think 
they do not protect and you make another law 
different from the State law, which one would 
prevail? 
Mr. Haskell: I think the Federal law_should 
prevail, in the case of migratory game birds. 
Senator Overman: Your proviso, however, 
says it shall not interfere with the State law_. 
Mr. Haskell: Where the game is localized 
within the borders of the State I think the Agri¬ 
cultural Department, in making the rules and 
regulations, will have to take that into con¬ 
sideration. They have full data in regard to the 
birds, and in regard to the State laws. 
Senator Overman: Do you think the Con¬ 
gress has the power to delegate to the Depart¬ 
ment of Agriculture any power? 
Mr. Haskell: My answer to that is that it 
has been done, and I have yet to hear of its 
being declared improper. 
Senator Overman: What has it delegated? 
Mr. Plaskell: I am informed that in many 
instances it is left to the Department of Agri¬ 
culture to make rules and regulations in forestry 
matters. 
Senator Overman: To delegate authority to 
designate what seasons you can kill birds would 
be, in effect, delegating the department to make 
the law. 
Mr. Haskell: While I can not cite you to 
any special law or authority. I have been in¬ 
formed that that has been done repeatedly, and 
it has not been questioned. 
Senator Overman: I am in sympathy with 
the bill if we can do it, but I would like to have 
some authority shown me. 
Senator Hitchcock: Your idea would be, Mr. 
Haskell, if the closed season ended, say, on the 
15th of a month, according to a State law, and 
the Federal act provided it should not end until 
the 30th of the month, it would be illegal to 
kill birds up to the 30th? 
Mr. Haskell: That is my idea, if they were 
migratory. 
Senator Hitchcock: And suppose it was re¬ 
versed: that the Federal law made it illegal to 
shoot after the 15th, and the State law allowed 
Warlin 
Model 
20 
REPEATING RIFLE _ _ ^ . 
You can buy 
no better gun for tar¬ 
get work and all small game 
up to 200 yards. Without change 
of mechanism it handles .22 short, 
long or long-rifle cartridges, perfectly. The 
deep Ballard rifling develops maximum power 
and accuracy and adds years to the life of rifles. 
The solid top is protection from defective cartridges—prevents 
powder and gases from being blown back. The side ejection 
never lets ejected shells spoil your bead and allows quick, accurate 
The 136 page repeat shots. With simple take-down construction, removable 
7/Iar/in catalog will action parts—least parts of any .22—it is the quickest and easiest 
help you decide what to clean. A great vacation rifle. Ask any gun dealer, 
rifle best suits your in- r, ^ 
dividual desires. Send m 
3 stamps for it today. 2? WILLOW STREET, - - NEW HAVEN, CONN. 
(Square, Wall, Boy Scout, Indian Tepee, 
Palmetto Lawn or any special style). Camping 
Outfits, Awnings, Porch Curtains or supplies, 
write today for our new 1912 book—the 
finest and most complete ever published. 
Absolutely the lowest prices. 
Watershed—Mildew Proof 
Our book is full of facts that every 
camper needs and appreciates; tells about our 
new Watershed and Mildew Proof process. 
Our book saves you money by enabling you to 
buy direct from the largest, most reliable and best 
equipped manufacturers in the world, operating 
over200 power machines the year around; supplying 
the U. S. War Department, the National Guard, 
Contractors and all the leading wholesale and 
jobbing houses in the country besides thou¬ 
sands of campers. 
Be sure and write today for our valuable and 
. complete 1912 book.as the edition is limited. ‘ 
The Hettrick Bros. Co. 
1215 Femwood Ave. 
TOLEDO, O. 
U.S.A. 
RHEUMATISM 
PROMPTLY REJ.IKVE1] BY< 
THE ENGLISH REMEDY 
BLAIR SPILLS 
SAFE.&.EFFECTIVE.50C&SI 
DRUGGISTS.* 
OR 95HENRYST.BR0DKLYN.M.Y. 
My Angling Friends 
By FRED MATHER 
Sketches of notable men, Mr. Mather’s brethren of the 
angle, as he knew them, a delightful e.xpenence—taught 
pliilosophy, and a splendid appreciation of the innate 
humor of men ond things. Cloth, illustrated, :ii)9 pages. 
Postpaid, $1.50. 
FOREST AND STREAM PUBUSHING CO. 
There’s just the difference be¬ 
tween a raw, poorly made Cock¬ 
tail and a 
Club Cocktail 
that there is between a raw, new 
Whiskey and a soft old one. 
The best of ingredients—the most 
accurate blending cannot 
give the softness and mel-, 
lowness that age imparts.' 
Club Cocktails are aged in wood 
before bottling—and no freshly 
made Cocktail can be as good. 
Manhattan, Martini and other 
Standard blends, bottled, ready 
to serve through cracked ice. 
. Refuse Substitutes 
AT ALL DEALERS 
F. HEUBLFIN & BRO., Sole Props. 
Hartford New York London 
WOODCRAFT 
By “NESSMUK” 
Cloth, 16o pages. Illustrated. Price, $1.00. 
A book written for the instruction and guidance 
of those who go for pleasure to the woods. Its 
author, having had a great deal of experience 
in camp life, has succeeded admirably in putting 
the wisdom so acquired into plain and intelli¬ 
gible English. 
FOREST AND STREAM PUBLISHING CO. 
S 
