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This was a bill in equity brought by the State of Missouri to prevent a game warden of the United States from attempting to enforce the Migratory Bird Treaty Act of July 3, 1918, c. 128, 40 Stat. 755, and the regulations made by the Secretary of Agriculture in pursuance of the same. The ground of the bill is that the statute is an unconstitutional interference with the rights reserved to the States by the Tenth Amendment.  While the court recognized the states' province to act in traditional matters of fish and game, the migratory nature of wild birds makes them the proper subject of treaty.  As noted by the Court, "[t]he subject matter is only transitorily within the State and has no permanent habitat therein."  The Court found the treaty was a proper exercise of constitutional authority where a national interest was implicated (i.e., "the protectors of our forests and our crops") and could only be protected by national action in concert with another power.

This is one of the first cases to construe the issue of interstate commerce with regard to state game laws and the Lacey Act.  Defendant purchased game birds that were killed outside of New York and brought them into the state when it was lawful to possess them.  The court stated it was required by the rule of stare decisis to hold that the Legislature did not intend to make criminal the possession during the closed season of game killed and brought here during the open season.  The court notes that the passage of the New York legislation occurred three months before the passage of the Lacey, thus having no effect.  The court does go on to note the Legislature has now made it clear that it is well within state police power to regulate wildlife.

This case represents one of the first prosecutions by Mr. Bergh of the ASPCA under the new New York anti-cruelty law. That this case dealt with the issue of overloading a horse car is appropriate as it was one of the most visible examples of animal abuse of the time. This case establishes the legal proposition that the conductor and driver of a horse car will be liable for violations of the law regardless of company policy or orders.Discussed in Favre, History of Cruelty

This is an action for damages alleged to have been sustained by plaintiff by reason of the killing of her dog, of the variety known as Pomeranian, by an Airedale belonging to the defendant. In 1919, a California court determined damages to be limited to the veterinary expenses connected with the injury to the animal. In the opinion, the court lovingly discusses the value of the animal. Notwithstanding these words of praise for the small animal, the court decided that the value was limited to the fair market value and related expenses.