United States Supreme Court Cases & Opinions

U.S. Supreme Court

Carey v. South Dakota, 250 U.S. 118 (1919)

Carey v. South Dakota

No. 346

Submitted April 29, 1919

Decided May 19, 1919

250 U.S. 118

Syllabus

Section 29, Laws of South Dakota, 1909, c. 240, which forbids shipment by carrier of wild ducks and is applicable whether the birds were taken lawfully or unlawfully, or shipped in open or closed season, is not inconsistent with the Federal Migratory Bird Act of March 4, 1913, c. 145, 37 Stat. 828, 847, and the regulations of the Department of Agriculture adopted thereunder, since the latter act prohibit

Page 250 U. S. 119

only the destruction or taking of birds contrary to the regulations, and the regulations merely prescribe the closed season, and neither the act nor the regulations deals with shipping. P. 250 U. S. 120.

Whether other provisions of this state law may be in conflict with the federal act is not considered, since the provisions in question may stand alone. Id.

The declaration of the federal act that the migratory birds "shall hereafter be deemed to be within the custody and protection of the government of the United States" is limited by the context to the prohibition above stated. P. 250 U. S. 121.

39 S.D. 524 affirmed.

The case is stated in the opinion.