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CAREY v. SOUTH DAKOTA

No. 346.

250 U.S. 118 (1919)

39 S.Ct. 403

63 L.Ed. 886

CAREY v. STATE OF SOUTH DAKOTA.

Supreme Court of United States.

Decided May 19, 1919.

Attorney(s) appearing for the Case

Mr. Joe Kirby for plaintiff in error. Mr. Joe H. Kirby and Mr. Thos. H. Kirby were on the brief.

Mr. Clarence C. Caldwell, Attorney General of the State of South Dakota, Mr. Edwin R. Winans and Mr. Byron S. Payne, Assistant Attorneys General of the State of South Dakota, for defendant in error.

MR. JUSTICE BRANDEIS delivered the opinion of the court.

By the Federal Migratory Bird Act (March 4, 1913, c. 145, 37 Stat. 828, 847) Congress provided that: "All wild geese, wild swans, brant, wild ducks, snipe, plover, woodcock, rail, wild pigeons, and all other migratory game and insectivorous birds which in their northern and southern migrations pass through or do not remain permanently the entire year within the borders of any State or Territory, shall hereafter...

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