April 20, 1912 
FOREST AND STREAM 
515 
RALLISTITF 
A PERFECT Wmm 
DENSE" SMOKELESS POWDER 
For Field and Trap Shooters 
B ALLISTITE is a perfect “dense” smokeless pow¬ 
der for Shotguns. It has a moderate recoil 
which commends it to all shooters. Shoots 
clean—no unburned grains to “blow back.” Age 
does not affect its shooting qualities, which are 
further enhanced by its waterproof characteristics. 
In addition to these essentials of a sporting powder, 
is the guarantee of quality which is assured to every pur¬ 
chaser oi Ballistite Smokeless Powder. 110 years as 
powder makers enables us to combine practical experi¬ 
ence and materials in a manner to insure the produc¬ 
tion being exactly as required and of uniform quality. 
Ask your Dealer for shells loaded with BALLISTITE. 
Send for Ballistite Booklet No. 3— 
showing proper loads for various game. 
E. I. du Pont de Nemours Powder Company 
Tioneer Voider MaKcrs of America 
ESTABLISHED 1802 Wilmingtoii, Dclawarc 
shooting until the 30th; what then? 
Mr. Haskell: 1 think that in case of the mi¬ 
gratory birds, the Federal law would control. 
There are numerous decisions in connection 
with admiralty matters where if there is con¬ 
flict between a State and a Federal law the 
Federal law has been held to control. 
Senator Hitchcock: Then you nullify a State 
law by the Federal act? 
Mr. Haskell: If it relates to migratory birds; 
yes, sir. 
Senator Poindexter: Under that construc¬ 
tion of it, if the State authorities arrest a man 
for shooting birds out of season, it would re¬ 
sult in a conflict between the State courts and 
Federal courts. He might be put in jail by the 
State courts and sued out on a writ of habeas 
corpus by the Federal courts. 
Senator Overman: Let me give you a case 
as to shad. South Carolina has put some wire 
nets in the Great Peedee River to prevent the 
shad from going up into my State. Do you 
think the Federal Government could compel the 
State of South Carolina to take out the nets 
so as to let the fish go up that river into North 
Carolina? 
Mr. Haskell: It seems to me that it could, 
if it is navigable water. 
Senator Overman: It has been held that they 
could not. 
Mr. Haskell: Was that decided in the State 
courts? 
Senator Overman: Yes. 
Mr. Haskell: Has it been decided in the 
Federal courts? 
Senator Overman: It has not been, because 
there is no Federal law on the subject. 
Mr. Haskell: I want to call attention to this 
rather curious situation which has often arisen 
in the courts. We had it in my State last year. 
A judge held a State law unconstitutional. In 
the next court above, consisting of five judges, 
it was held constitutional by three of them, and 
the other two dissented. The case then went to 
the highest court of the State, and the seven 
judges sitting there held the act unconstitu¬ 
tional, agreeing with the judge who had first 
acted. That often happens. 
Senator Hitchcock: They will submit that to 
a vote of the people hereafter. 
Senator Poindexter: Does not the fact that 
there is such a difference of opinion among 
the judges make an argument in favor of such a 
thing? 
Mr. Haskell: In the last analysis, whose de¬ 
cision counts? It is that of a court of last re¬ 
sort. In this case the Supreme Court of the 
United States. 
Senator Poindexter: Is it not true that in 
Illinois ducks would be mating and have eggs 
and be nesting, probably, in April? 
_ Mr. Haskell: _ Yes; that would probably be 
just about the time that they would be killing 
them. That is what we want to prevent. Of 
course, it is very obvious that in the mating 
season you destroy not only one bird, but also 
the young, if you allow killing. That is the evil 
of the situation. And one State says, “T won’t 
protect these migratory birds, unless you in 
the next State will do the same thing.” They 
are selfish about it; just as selfish as that gun 
club from which we have heard. That is the 
reason, it seems to me, why it is necessary for 
you gentlemen to provide by Federal law for 
some protection for these birds. 
Senator Overman: The mating season in 
one State would not be the mating season in 
another State? 
Mr. Haskell: No. 
The Chairman: Do they not mate before they 
start North in the spring? 
Mr. Haskell: Many of them do; yes. I think 
a great majority of them do; but they go rapid¬ 
ly oye^ States—I have been amazed in 
studying the matter to learn how fast they 
travel. They pass across the United States in 
a month or two. That is true as to most of the 
birds; others do not travel as fast. 
The Forest and Stream may he obtained from 
any newsdealer on order. Ask your dealer to 
supply you regularly. 
HORSES FROM THE GOBI DESERT. 
Those interested in the evolution of the horse 
will soon have an opportunity of seeing mounted 
and in life-like form two rare and new speci¬ 
mens of wild horses captured on the Gobi 
desert on the boundary of Mongolia and 
Siberia and presented as a gift to the American 
Museum of Natural History by the Duke of 
Bedford of England, who is a patron of 
zoology and keeps a fine menagerie himself. 
Some time ago the Duke was informed of 
the discovery of a species of wild horses roam¬ 
ing in the wilds of Asia, and through his efforts 
an expedition was despatched to secure speci¬ 
mens for his park in England. The expedition 
proved successful and returned with a number 
of fine specimens. The wild horses were 
allowed to roam and graze on English soil and 
become objects of great interest to the scien¬ 
tific world. 
According to Dr. W. D. Matthew, one of the 
curators of the Natural History Museum, the 
domestic horse often runs wild and is found in 
this and other countries, and for a number of 
years the existence of the true wild horse was 
reported, but only recently has it been proved 
that this is the real wild horse and not the do¬ 
mestic run wild. The specimens received by 
the museum are from the Duke of Bedford’s 
estate in England, where true wild horses of the 
same family now thrive. 
It is the intention of Prof. Henry Fairfield 
Osborn of the museum to have the Duke of 
Bedford specimens mounted and placed on ex¬ 
hibition with other examples illustrating the 
evolution of the horse.—The Sun. 
