ARTICLE VI

Persons charged with genocide or any of the other acts enumerated in article III shall be tried by a competent tribunal of the State in the territory of which the act was committed, or by such international penal tribunal as may have Jurisdiction with respect to those Contracting Parties which shall have accepted its jurisdiction.

ARTICLE VII

Genocide and the other acts enumerated in article III shall not be considered as political crimes for the purpose of extradition.

The Contracting Parties pledge themselves in such cases to grant extradition In accordance with their laws and treaties in force.

ARTICLE VIII

Any Contracting Party may call upon the competent organs of the United Nations to take such action under the Charter of the United Nations as they consider appropriate for the prevention and suppression of acts of genocide or any of the other acts enumerated in article III.

ARTICLE IX

Disputes between the Contracting Partics relating to the interpretation, ap plication or fulfilment of the present Convention, including those relating to the responsibility of a State for genocide or for any of the other acts enumerated in article III, shall be submitted to the International Court of Justice at the request of any of the parties to the dispute.

ARTICLEX

The present Convention, of which the Chinese, English, French, Russian, and Spanish texts are equally authentic, shall bear the date of 9 December 1918.

ARTICLE XI

The present Convention shall be open until 31 December 1940 for signature on behalf of any Member of the United Nations and of any non-member State to which an invitation to sign has been addressed by the General Assembly.

The present Convention shall be ratified, and the instruments of ratification. shall be deposited with the Secretary-General of the United Nations,

After 1 January 1950 the present Convention may be acceded to on behalf of any Member of the United Nations and of any non-member State which has received an invitation as aforesaid.

Instruments of accession shall be deposited with the Secretary-General of the United Nations.

ARTICLE XII

Any Contracting Party may at any time, by notification addressed to the See. retary-General of the United Nations, extend the application of the present Convention to all or any of the territories for the conduct of whose foreign relations that Contracting Party is responsible.

ARTICLE XIII

On the day when the first twenty instruments of ratification or accession have been deposited, the Secretary-General shall draw up a procès-verbal avd transmit a copy thereof to each Member of the United Nations and to each of the nonmember States contemplated in article XI.

The present Convention shall come into force on the ninetieth day following the date of deposit of the twentieth Instrument of ratification or accession,

Any ratification or accession effected subsequent to the latter date shall become effective on the ninetieth day following the deposit of the instrument of ratification or accession.

ARTICLE XIV

The present Convention shall remain in effect for a period of ten years as from the date of its coming into force.

It shall thereafter remain in force for successive periods of five years for such Contracting Parties as have not denounced it at least six months before the ex

Denunciation shall be effected by a written notification addressed to the Secretary-General of the United Nations.

ARTICLE XV

If, as a result of denunciations, the number of Parties to the present Convention should become less than sixteen, the Convention shall cease to be in force as from the date on which the last of these denunciations shall become effective.

ARTICLE XVI

A request for the revision of the present Convention may be made at any time. by any Contracting Party by means of a notification in writing addressed to the Secretary-General.

The General Assembly shall decide upon the steps, if any, to be taken in respect of such request.

ARTICLE XVII

The Secretary-General of the United Nations shall notify all Members of the United Nations and the non-member States contemplated in article XI of the following:

(a) Signatures, ratifications and accessions received in accordance with with article XI;

(b) Notifications received in accordance with article XII;

(c) The date upon which the present Convention comes into force in aecordance with article XIII;

(d) Denunciations received in accordance with article XIV;

(c) The abrogation of the Convention in accordance with article XV;
(1) Notifications received in accordance with article XVI.

ARTICLE XVIII

The original of the present Convention shall be deposited in the archives of the United Nations.

A certified copy of the Convention shall be transmitted to each Member of the United Nations and to each of the non-member States contemplated in article XI.

ARTICLE XIX

The present Convention shall be registered by the Secretary-General of the United Nations on the date of its coming into force.

(Genocide Convention, hearings, Subcommittee, Committee on Foreign Relations, U.S. Senate, 81-2, January 23, 24, 25, and February 9, 1950, pp. 6-8)

A. STATE OF MISSOURI BRIEF

LANDMARK BRIEFS AND ARGUMENTS OF THE SUPREME COURT

OF THE UNITED STATES:

CONSTITUTIONAL LAW

Edited by

Philip B. Kurland

Professor of Law

The University of Chicago

Gerhard Casper

Professor of Law and Political Science
The University of Chicago

Volume 20

Eisner v. Macomber (1920)
Missouri v. Holland (1920)
Truax v. Corrigan (1921)

RAY P. HOLLAND, United States Game Warden, Appellee.

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF MISSOURI

BRIEF OF APPELLANT

FRANK W. MCALLISTER,

Attorney-General of Missouri,

JOHN T. GOSE,

Assistant Attorney-General of Missouri,
Solicitors for Appellant.

J. G. L. HARVEY,

Of Counsel for Appellant.

SUBJECT INDEX.

Statement...

Summary of the Bill...

Contentions of Appellant..

District Court's Statement of the Issues Tendered by the Pleading.

Holdings of the District Court....

Treaty Between United States and Great Britain

Migratory Bird Treaty Act..

Missouri Laws.

Proclamation of Regulations under Migratory Bird Treaty Act...
(All Italics in this Brief may be treated as ours)..

Specifications of Error.

Argument..
Foreword....

I. Right to Enjoin Federal Officer

Page.

1-16

1-2

3

4

4

5-8

9-13

13-15

15-16

16

17

18-95

18-19

19-21

II. Federal and State Governments Distinct Sovereignties. 22-27
III. When United Colonies became Free and Independent
States, the Power to Control the Taking of Wild Game
Passed to the States...

IV. Missouri, upon admission to the Union, became entitled
to and possessed of all Rights, Dominion and Sov-
ereignty of the Original States..

27-28

28-30

V. The Ownership of Wild Game is that of the people of the
Stato in their collective sovereign capacity; the State
holds the same in trust for the Benefit of all its people.. 30-32
VI. The Power of the State over Wild Game is not limited
to this Trust for the Benefit of all the People; the
Power is inherent in the State by virtue of its Power
of Police. . . . .

VII. The Act of Congress, March 4, 1913, which undertook
to take from the States their Power over Wild Game,
was held unconstitutional...

VIII.

An Act of Congress which attempts to do not only that
which Congress has no Power to do, but also to do
that which is forbidden to the entire Federal Govern-
ment under the Constitution, cannot be validated by a
Treaty. Treaties must be made subject to the right-
ful Powers of the Government concerned....

32-42

42

43-59

IX. The Federal Government is not only a Government of
Enumerated Powers, but also a Government to which
Certain Powers are denied. Powers denied are not to
be implied; can only be obtained by Amendment. .. 59-64

(11)