New York Ex Rel. Silz v. Hesterberg

Background

A New York dealer in imported game birds was arrested in Brooklyn for possessing a golden plover and an imported grouse (blackcock) on March 30, 1905, during New York’s closed season. The State statute set closed seasons for various birds and made possession during those times a misdemeanor, while allowing limited exceptions for dealers who posted bond. The dealer’s habeas petition was dismissed, he was discharged by the Appellate Division, and the New York Court of Appeals reversed that discharge, leading to review here.

Reasoning

The Court considered whether the state law violated the Fourteenth Amendment’s due process protections or unlawfully regulated foreign commerce. It held the statute was a valid exercise of the State’s authority to protect the local food and game supply (often called the police power). The opinion explained that the legislature may choose broad possession bans to prevent fraud and depletion of local game, even though such rules may incidentally affect imported or interstate commerce. The Court relied on prior decisions recognizing state power to preserve game and food supplies, and it did not need to rely on the federal Lacey Act to uphold the statute. The practical result is that the State’s law stands and the relator’s claim failed.

Real world impact

Dealers who import birds into New York cannot possess or sell the listed species during the State’s closed seasons unless they meet the statutory bond and inspection conditions. The ruling treats imported game like native game for seasonal protections, prioritizing conservation and food-supply concerns over incidental effects on commerce.