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By JOHN DICKINSON SHERMAN
OUU migratory birds are bufo. The
federal migratory bird act of 1018,
designed to enrry out provisions of
a treaty between this country and
Canada for tlio protection of migra
tory birds, lias been held constitu
tional by the Supreme court of thu
unitea amies.
This takes us back to a blustery
March day In 1010 when a distin
guished party of shooters was pop
ping away merrily at the mallards
and blucbllls In a marsh at Nevada, Mo. It real
ly was a distinguished party. In It were Attorney
General Frank McAllister of Missouri ; J. R. Rey
nolds of Kansas City; E. S. YJImoare. Kansas
City, and M. 8. Bodlne and Clarence Evans of
Paris, Mo.
ttut congress had previously passed the fed
eral migratory bird act, which among other things
prohibits spring shooting of water fowl. How
emtio It then, that the attorney general of the
etute of Missouri was In the pdrty?
Well, he was "from Missouri." , The, Missouri
folks have to be shown, you know. And Attor
ney General McAllister nnd his friends had nn
idea thntvthe migratory bird act was 'unconstitu
tional. They liked to Bhoot ducks spring, as
well as fall and they proclaimed that the act
Interfered with the sovereignty of tlio state of
Missouri and with the property rights of the peo
ple of Missouri.
So Attorney General McAllister of Missouri
and hie. friends went hunting March 7, 1010.
Moreover, they didn't care who knew It. Maybe
they even tipped It off tq the federal game war
dens. Anyway, the federal game wardens put In
nn appearance and arrested tlio attorney general
and his party. The party was arraigned at Clin
ton, Mo. McAllister took the case, Into court, ask
ing for an Injunction to restrain the federal gntno
wardens 'from enforcing the law. Federal Judge
A. S. Van Valkenburgh held the law constitutional
and the state appealed to the United States Su
preme court.
To George Shlras III., and Kllliu Root the
millions of bird-lovers owe gratitude. So do thu
millions of gardeners and farmers who, with tho
Insectivorous birds gone, would bo eaten up by
their Insect foes. George Shlras, a member of
congress from Pennsylvania, began the fight away
back In 1004. Ellhu Root possibly the most com
manding Intellect In the country today cinched
the victory. , '
T. Gilbert Pearson, secretary and executive of
ficer of tho National Association of Asdubon so.
cletlcs, who has nlso a big share In the victory,
Is n wideawake citizen and thoroughly familiar
with tho situation. Let him tell the story of the
long, hard fight. Says Mr. Pearson:
"George Slilrns III. was a man of means who
was Interested In good works. In looking over
the situation In reference to tho protection of
birds, he discovered that the states all had differ
ent seasons In which migratory gamo birds could
be shot nnd that what theltuatlyn really amount
ed to was thnt game birds could be shot In dif
ferent parts of tho country all through the yenr.
lie decided that the only way to remedy thl ntnto
of affaire, which would In time result In the ex
:lnctlon of gamo birds, was to put the matter un
der government control nnd thus do nway with
the constant and everlnstlng wrangling of tho
states. So he Introduced a blfl In congress for
the protection of migratory birds. It was re
ferred to a committee and put In a pigeonhole,
and that was tho last of It.
"Before this tlmo tho only protection law In
force In tho States was the Audukuii law, which
we succeodid In getting enacted In all but about
olght states. This, however, did not prohibit tua
nelllng of birds. In 1010 wo brought about tho
prohibition of the snlo of aigrettes.
"In theory, tho stnte game laws worked nice
ly, nnd It could ho shown on paper that each
fitato could have its chosen shooting season and
mill there woufd bo no dying out of birds. But
In practice they did not work so well. Take, for
instance, duck shooting when tho ducks start
corth In the spring they are mating and If you
shoot one, that breaks up the pair for the senon.
"Well, four j ears after thu pigeonholing of
Slilrns' bill, John B. Weeks Introduced In the
house tlje Rnine hill with slight modifications.
Nothing cnine of It. He Introduced It again In
1000, and again In 1011, while at the same time
George P. McLean Introduced a similar bill In the
senate. In the spring of 1012 committee hearings
on the bill were begun.
"Both these hills mentioned migratory game
birds only. Now, there are only about o0 game
birds," Mr. Pearson said meditatively, pulling hl-i
pipe, "nnd there are 1,200 kinds of birds In North
America. There are 51 warblers alone In tho
eastern part of the United-States. Therefore,
the Audubon society urged thnt the bill be
changed to apply to all migratory birds, and this
change was adopted and put before congress.
"Tho bill became a law on March 4, 1014; ex
President Taft signed It on the morning thnt he
gave up his olllco as one of his last ofllclal acta.
Authority wns given to the department of agri
culture, then, to go ahead and make the rules
governing the killing of birds. The department
of ngriculture did not know anything about birds,
so they turned it over to a spccinl branch of tho
department, the Biological survey. Three men.
of the Biological survey drew up a lot of regula
tions nnd announced them to tho states. Imme
diately there was a roar of objections from all
over tho country, and all of the states thought
thdlr 'rights, had been Infringed.
"Then enme n test case. Out In Big Lnke, Ark.,
a man killed n coot In violation of the regulations.
He was arrested and the federal Judge for the
Eastern district of Arkansas declared the fed
eral migratory bird' laws Illegal. The case, of
course, then went to the Supreme court of the
United States. The Supremo court wns veryr hos
tile, and the enso dragged along for severnl
months. Finally, the1 Supreme court did n very
unusual thing. It nsked the department of agri
culture to' restnte its case, from which wo under
stood thnt thu court wob a tie, and the case wns
referred hack to the department of Justice.
"In the period of waiting .which followed Ellhu
Root came to our assistance. 'This may be de
clared unconstitutional nnd everything lost,' ho
sold,' 'but we moy lie. oble to beat it. A treaty
is not subject to revision by the Supreme court,
bo why not get, these) Ideas written Into n treaty?'
"Immediately the machinery was set in motion
which would turn the bill. Into a trenty. After
a great deal of trouble arrangements were dually,
concluded with Great Britain for Canada and
the treaty was drawn up. But a' trenty la
dead letter unless congress by law states what
department xhnll enforce It that Is every treaty
requires nn enabling act.
"1 went down to Washington and spent, six
weeks there trying to arouse Interest In the ena
bling net for our treaty. The treaty wns rat tiled
by congress on September fit), 1010, and a year
or no later tho enabling act was passed. Then
tho government, remembering tlio tremendous
amount of abuse heaped upon them after th)
drafting of tho first set of regulations, decided
to hnvo a committee to find out what the people
wanted, nnd they appointed a nntlonnl commltteo
of first n dozen men nnd Inter about 20.
"Soon after this In Missouri some men went
hunting and violated the regulations nnd were ar
rested. The enso wns referred to the Supreme
court, and on this case the present decision is
based, holding legal the enabling net and thus
protecting the treaty."
This very wise decls'.on makes quite clonr the
position of state right when It comes to birds.
It snys:
"Tho state, as wo have intimated, founds It
claim of exclusive nuthorlty upon un assertion of
title to migratory birds, nn assertion that Is em
bodied in statute. No doubt It Is true that ns
between a state and Its Inhabitants tho stnte may
regulato tho killing and snlc of such birds, but It
docs not follow that Its authority Is exclusive of
paramount powers. To put the claim of the stnto
upon title is to lenn upon n slender reed. Wild
bir's are not In the possession of any .one ; nnd
possession Is the beginning of ownership. Tlio
whole foundation of the state's rights Is tho
presence within their Jurisdiction of birds thnt
yesterday had not nrrlved, tomorrow may bo In
another stnto.nnd In a wee': 1,000 miles nway. If
we are to be accurate we cannot put tho case of
the state upon higher ground than that the treaty
deals with creatures that for tho moment are
within the stnto borders, that it must bo carried
out by olllcere of tho Unttcd States within the
same territory and that but for the treaty tho
state would-be freo to regulato this BUbJect it
self." With the federal migratory bird law In opera
tion nnd Canada holding up her end ns she is
tho birds have a chance. As soon as Mexico Is
brought to tlmo anil made to behnvo decently,
tho same kind of treaty will bo nrrnnged with
her. Then tho birds will bo protected all along
tlio lino of migration.
It Is tho opinion of most duck shooters that
the good effect of the federal migratory bird law
Is already very much In evidence. Tho birds now
nest In ninny of their old nesting pluces In the
United States, instead of going clear to northern
Canada. Like all wild life they aro quick to
sense their protection and to take advautngo of
It In consequence tho hunter, from his view
point, Is pleased with tho working of tho law
becnuso it gives him more ducks to shoot in tho
fall.
Tho Judgment of the hunter Is confirmed by
that of the biologist. Tho United States Biological
survey is engaged In a study of the conditions at
tho lurger breeding plnces in various parts cf
tho country. A 1020 report on "Waterfowl lu
Nebrasku" nn illustrated bulletin of 77 pages
by Harry O, Oberhplser says on this point, to
part j '
In its natural state that is, unaffected by
the presence of man the sand hill region of Ne
braska Is an ideal breeding place for waterfowl.
It Is, Indeed, ono of tho very best of the remain
ing breeding grounds. The grent number of
mnrshy hikes, with their nbuudant supply of food,
shelter, and breeding plnces provldo advantages
which It would bo dltllcult to surpass.
"It Is thu universal testimony of residents and
of sportsmen that tho myriads of ducks which In
former times frequented the sand hill region,
particularly during spring and fall, have been
greatly reduced. This diminution Is due lu part
to spring shooting, but also to a number of other
causes, Including tho slaughter of ducks In grent
numbers both south nnd north of Nebraska. The
migration (lights here, however, aro still largo
and show that there remalus n good supply of
wutcrfowl, which with proper protection and rcn
sonnblo regulation of shooting will continue Indefi
nitely to furnish excellent sport. Tho breeding
waterfowl of tho sand hills also have suffered
from hunters., particularly In spring. On ninny
of tho lake there aro club houses owned by
sportsmen ftiim cities outside of the county, who
were long lu the habit of shooting here regular
ly In spring.
"Shi co the enactment of tho federal statuto ol
1013, known ub tho federal migratory bird law,
thcro tins been comparatively little spring shoot'
Ing In the sand hill region, for tho law seems tu
bavo been very well observed.
"In all tho localities that tho writer visited h
made careful inquiries regarding tho effect thai
tho stopping of spring shooting has had on tlu
numbers of waterfowl, particularly ducks. It If
very gratifying to note that after tho federal law
went Into effect ducks began steadily to Increase
In Nebraska, particularly In tho lakes of casters
Cherry county, thoso about tho headwaters ol
tho North Loup river, and nt tho Cody Lakes
As ono resident expessed It, as noon ns tho ducki
find out that they will not bo disturbed In spring
they come buck In Increasingly largo numbers.4
LEAVE GIRL TO
DIE UNDER CAR
Men Forco Her Chum Into An
other Machine and Drive
Away.
IS BURNED TO CINDER
Tragedy It Culmination of Wild Rid
of Intoxicated Party Qlrl'a
Wrltt Watch Fused
by the Heat
Now York. Desplto the pleadings
of u girl companion, who begged them
to try to 8uve her companion who was
being cremated beneath n burning au
tomobile, two men, both under tho In
fluence of liquor, forced tho compan
ion Into another automobile and drovo
away while tho screnms of tho burning
girl grew fainter and fainter.
The girl, whoso Identity Is unknown
save that hor nutno was Helen, was
of a party of four In nn nutoniobllo
thnt turned turtle ut Old MM rond und
Queens boulevard shortly after four
o'clock In tho morning.
Tho tragedy, tho culmlnntlon of a
wild ride, was witnessed by Anthony
Kutlltns mid his wife, who live al
most opposlto tho spot where the acci
dent happened, nnd Thomas Fischer
of 1821 Palmetto street, RldgewooiL
N. J.
Awakened by Screams.
The Kutlllas wore awakened by tho
screnms of two girls shortly after
three o'clock. They rushed to a win
dow and saw nn automobile running a
zlg-rng course past their house. Tho
automobile soon disappeared, but tho
Rcrcams of tho girls could Hill be
heard.
In a few moments the car returned,
running nt a high rate of speed nnd
stopped when tlio driver saw a stalled
car belonging to Fischer. Stopping
but a few seconds, the chauffeur start
ed again with such speed that tlio cur
overturned.
The two men nnd ono of the women
were thrown clear of tho wreckage,
but the second girl had been pinioned
beneath the wreckage FlaineB burst
out Immediately.
The girl who had been thrown from
the car was uninjured and, according
to Mr. and Mrs. Kutlllas and Fischer,
:-20:&
"Never Mind Her, Come On."
begged the men frantically to save the
girl who was being burned to death.
"Never mind her I" shouted one of
tho men. "Come on!" With that he
grabbed her and started pulling her
down the road. Another car came
ulong and the two men forced the
girl into the second machine and sped
away. .
Burned to a Cinder.
In the meantime the girl under the
car had -become a flaming torch. Her
ncreama had ceased by the time Mr.
Kutlllas reached the scene. Fischer
was working frantically to extinguish
the blaze. Ho was Joined by Kutlllas
and a number of men returning from
a dance.
Mrs. Kutlllas telephoned an alarm
of fire and It was not until the fire
men arrived and extinguished the
blazing gasoline that the charred body
of tho girl could be removed from the
pyre.
Hor form had been burned to a cin
der. A wrist watch had been fused
by the heat It was so badly damaged
that It could notserve as an Identifi
cation mark. Protected by the glrl'i
body lay a purse containing some
charred papers and business cards oi
Anns In Montclalr, Nowark and Jersey
City.
If You Need 9 Medicine
You Should Have the Best
Have you ever stopped to reason why
It is that so mnny products that are ex
tensively advertised, all at once drop out
of sight and arc soon forgotten? Tha
reason is plain tho article did not fulfill
the promises of tho manufacturer. This
applies more particularly to a medicine.
.A medicinal preparation that has real
curative value almost pells Itself, as liko
nn endless chain system the remedy it
recommended by those who have been
benefited, to those who arc in need of it.
A prominent druggist says "Take for
example t Dr. Kilmer's Swamp-Root, a
preparation I have sold for many years
and never hesitate to recommend, for ir
almost every case it shows excellent re
tults, ns many of my customers testify.
No -other kidney remedy has so largo
talo."
According to sworn statements and
verified testimony of thousands who hnvo
used tho preparation, the success of Dr.
Kilmer's Swamp-Root is due to the fact,
to many pcoplo claim, that it fulfills al
most every wish in overcoming kidney,
liver and bladder ailments j corrects uri
nary troubles nnd neutralizes tho uria
acid which causes rheumatism.
You may receive a samplo bottle of
Swamp-Hoot by Parcels Post. Addrost
Dr. Kilmer & Co., Binnhamton, N. Y.,
nnd -enclose ten cents; nlso mention this
paper. Large nnd medium sir.c bottles
for salo at all drug stores. Adv.
Menu, Please.
Housewife 1 never glvo nlms nt tho
door, but If you wish you may hove n
llttlu dinner.
Tramp Madam, would It bo consid
ered Immodest to Inquire vhut tin din
ner bill Is today?
CUSTOMS FIFTY YEARS ARO. .
Who among us "would say to-day, "1 ,
never use a Dentifrice; I never have to?"
Yet Fifty jcars ngo, odd as it may
seem, not one person in 1,000 usc a
Dentifrice or ecn n tooth brush. ,,
So to-day, after more than 30 years, of --4t
persistent publicity of Allen's lootKat,
the Antiseptic Ponder for the Feet, not
many well-turned-out people care to coe,
foss, "You know I never have to uso r
Powder for tho Kcctl".
I Moro than One Million fivo hundrf ) ,
thousand pounds of Powder for the Feel
Wcro used, by our Army and Navy during
the war.
The reason is this: Confining tho feet
in Leather or Canvas Shoes is bound to
create friction more or less. Allen's Foot"
Ease removes the friction from the shoes.
It is thin friction which causes callouses,
corns nnd bunions. You know what fric
tion docs to your motor-car axle. Why
not remove it from your footwear by
Shaking into your Shoes to-day, Allen's
Foot-Ease, the cleanly, wholesumo, heal
ing, Antiseptio powder? Get the habit,
M millions now have it, who inhabit our,
as yet, imperfect world. Adv.
I
They'ro Not Afraid.
"Do you hnvo much trouble wlvli tho t
sorvnnt?"
"I would If I dared to speak my
mind. Dut wlton alio annoys me I
walk nwny nnd sny nothing." . ,
"You don't correct her?"
"No. Sho'd lenvo If I did. Tho
children aro tho only ones in our
house who have none enough to talk
back to hor." ,
FRECKLES
Now U Um Tim to Cat Rid of
The Ugly Spot.
There's no longer the slightest need, of
reeling- Mhameil of your frecklei, as Othtne '
double strength li guaranteed to remove
tneae homely spota.
Simply get an ounce of Othtne doable
strength from your druggist, and apply a
little of It night and morning and you
should soon aeo that even the wont freckles i
have begun to dlaappear, while the IlKhter
onea bavo vanlihod entirely. It la seldom
that more than one ounce la needed to com. t
pletely clear the akin and galr a beautiful
clear complexion.
Be anre to ask for the UcrtbU strength
Othtne, aa this Is aold under guarantee of
money hack If It falla to remove frecklea.
Italian "City of Crime."
The only town In tho world which
can boast of possessing moro criminals
than law-abiding folk Is tho Italian
city of Artena, which Is known as the '
City of Crime. For several hundred
years nearly every criminal who has
escaped prison or done tlmo In Italy
has emigrated to Artena, and today
practically every Inhabitant of the ,
place Is a criminal or tho child of a
criminal.
ASPIRIN
Name "Bayer" on Genuind
I
(Tjw f
One Mora Unfortunate.
Manchester, O. Identity of a baau
tlful girl burled in a graveyard threi
miles from. hero will never be known
She appeared at a farm and wai
taken In for the night. She left la
the morning, and three days later sh
was found on a deserted houseboat,
nlono and near death from starva
tion and exposure. When turned ovei
to local Ited Cross workers, &ho said
"I hnvo cut all home ties. There li
nothing on me by which I can bi
Identified. I don't want my famll
to know of my fate." She lived twe
days but never mads any other stats
tnent,
"Bayer Tablets of Aspirin" is genu
ine Aspirin proved safo by millions
and prescribed by physicians for over
twenty years. Accept only nn unbroken
"Bayer package' which contains proper
directions to relieve Headache, Tooth
ache, Earache, Neuralgia, Rheumatism,
Colds and Pain. Handy tin boxes of 12
tnblets cost few cents. Druggists also
sell larger "Bayer pnekuges." Aspirin
is trade mark Buyer Manufacture Mon
oacctlcacldestcr of Sallcyllcacld. Adv.
Waste.
Samson pulled down the temple.
"Heavens, mnn," wo cried, "don't
you know how scarce buildings are?"
There lire not many men thnt fash
ion can control nfter their fiftieth milestone.
WVMIDINP Night and Morning".
OTfjWTC Havm Strong. Healthy
Im . If they Tire, Itch,
Tor rt4USQ Ifi Smart or Burn, if Sore,
jkTetKC Irritated. Inflamed or
YOUR tltO Granulated, use Murine
iften. Soothaa. Refreshes). Safe for
'nfant or Adult. At all Druggists, Write for
tcc Eye Book. HvIm E?1 1 ' CU"'