United States v. Samples
District Court, W.D. Missouri
George L. Samples and W. C. De Lapp were separately indicted on charge of having violated Act Cong. July 3, 1918, relating to hunting and killing migratory birds, and they demur to the indictments on the ground that the act is unconstitutional and void, and after the return of the indictments the State of Missouri, through its Attorney General filed its bill in equity, seeking to restrain Ray P. Holland, Game Warden of the United States, from enforcing such act within the…
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George L. Samples and W. C. De Lapp were separately indicted on charge of having violated Act Cong. July 3, 1918, relating to hunting and killing migratory birds, and they demur to the indictments on the ground that the act is unconstitutional and void, and after the return of the indictments the State of Missouri, through its Attorney General filed its bill in equity, seeking to restrain Ray P. Holland, Game Warden of the United States, from enforcing such act within the state, and the respondent through the United States District Attorney moved to dismiss this bill, and the demurrers and…
1Opinion of the Court
VAN VALKENBURGH, District Judge.
December 8, 1916, a treaty between Great Britain and the United States for the protection *480■of migratory birds was proclaimed by the President (39 Stat. 1702). Thereafter, to give effect to this convention, Congress enacted a law, approved July 3, 1918 (United States Statutes at Large, vol. 40, pt. 1, c. 128, pp. 755-757 [Comp. St. 1918, Append. §§ 8837a-8837m]). This act, among other things, provided that it should be unlawful to hunt, take, capture, or kill, attempt to take, capture, or kill, etc., at any time or in any manner, any migratory bird included in…
2Cases cited29 opinions
- Truax v. RaichSupreme Court of the United States · 1915
- Lawton v. SteeleSupreme Court of the United States · 1894
- Fong Yue Ting v. United StatesSupreme Court of the United States · 1893
- Edye v. RobertsonSupreme Court of the United States · 1884
- Geer v. ConnecticutSupreme Court of the United States · 1896
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3Cited by2 opinions
- United States v. MarksDistrict Court, S.D. Texas · 1925
- United States v. SelkirkDistrict Court, S.D. Texas · 1919