Eee No. 12.
U.S. DEPARTMENT OF AGRICULTURE
DIVISION OF BIOLOGICAL SURVEY

 

 

-—BGISLATION FOR THE PROTECTION OF BIRDS

OTHER THAN GAME BIRDS
BY

T. S. PALMER

ASSISTANT CHILE, BIOLOGICAL SURVEY

55 . PREPARED UNDER THR DIRECTION OF
Dy. C. HART MERRIAM

CHIEF OF BIOLOGICAL SURVEY

 

WASHINGTON
oa GOVERNMENT PRINTING OFFICE
2 Oe : 1900.

a
BE AA
Pee 2s 6

 

 
morjoa}0rd JNOYITA ST IT STOT}O OY} UL OTT ‘SMOSBas UTBIIO9
ye Apuo (payop) 6T UT ‘saurTy [Te ye payoojosd ST 7 (paprys) sa7yBig ZE UL ‘Sa}81S PIU oy} MMOYSNoIY, puNnoy st (pinosopus DINPWUIZ) PAO WOUIUIO) OTL

‘sauig 40 NOILOSLOUd AHL Y¥O4s SMV] ALVLS NI ALISYSAIG ONILVELSNTI dv

      
  

 

“WOS-M

      

AA of oh phe hafaobofofofoofoh = 2 6 eS,

 

 

 

 

‘| alvid ‘ainynoudy yo ydaq °s ‘1p ‘Aeaing jeoidojorg ‘ZI “1Ihg
BULLETIN No. 12.

U.S. DEPARTMENT OF AGRICULTURE
DIVISION OF BIOLOGICAL SURVEY

LEGISLATION FOR THE PROTECTION OF BIRDS

OTHER THAN GAME BIRDS

BY

T. S. PALMER

ASSISTANT CHIEF, BIOLOGICAL SURVEY

PREPARED UNDER THE DIRECTION OF
Dr. C. HART MERRIAM

CHIEF OF BIOLOGICAL SURVEY

 

WASHINGTON
GOVERNMENT PRINTING OFFICE
1900
OR WITH
oe
ot6
oe
Poo
[4Oo
LETTER OF TRANSMITTAL.

U. 5S. Department or AGRICULTURE,
Division oF BroLogicaL SURVEY,
Washington, D. C., May 1, 1900.
Str: I have the honor to submit herewith and to recommend for
publication, as Bulletin No. 12 of this Division, a report on Legislation
for the Protection of Birds other than Game Birds, by my assistant,
Dr. T.S. Palmer. This report has been prepared in response to numer-
ous inquiries in regard to existing regulations for the protection of
birds. Its object is to present in convenient form a review of protec-
tive legislation, together with the various State laws now in force.
The present widespread interest in birds and the importance of calling
attention to existing laws in order to render more effective the efforts
now being made to protect birds during the breeding season make it
desirable that this report be published and distributed as promptly as
possible.
Respectfully, C. Hart Merriam,
Chief, Biological Survey.
Hon. James Wixson,
Secretary of Agriculture.
PREFACE.

It is generally admitted that birds which are neither fit for food nor
injurious to crops, and more especially species which are insectivorous,
are entitled to protection, but the laws enacted for their preservation
lack uniformity, and many useful species are not now protected. Fully
90 percent of existing bird legislation has been enacted for the benetit
of game birds, which comprise less than 20 percent of all the birds
of North America. The other species, which are of special interest to
the farmer and the general public, have, until recent years, received
scant protection. It is the legislation affecting this large group (more
than 80 percent of the species on the Continent) which forms the sub-
ject of the present bulletin.

The complicated regulations for the preservation of game birds do
not come within the limits of this discussion; hence, such topics as
open seasons, swivel guns, night shooting, fire hunting, gun licenses,
nonresident licenses, appointment and duties of game wardens, cold-
storage traffic, nonexport clauses, and similar matters relating properly
to game, receive merely incidental notice. Full information on these
questions may be obtained from the laws themselves, or from the very
convenient abstract of game legislation published quarterly in ‘Game
Laws in Brief and Woodcraft Magazine,’ which has been freely used
in the preparation of this bulletin.

An attempt has been made to bring together in convenient form the
various State laws, and in such a compilation it is possible that in spite
of all precautions some paragraphs may have been omitted which
should have been included, or later amendments than those here given
have been overlooked. It is hoped that such omissions will not detract
seriously from the value of the work; but any suggestions as to
inaccuracies or important additions will be welcomed.

T. S. Patmer.

5
I. General discussion of protective legislation

Il.

Introduction ..........-

History of protective legislation

Definitions of game birds

CONTENTS.

Species erroneously considered game birds ........-.-.----.---2---+-+--

Pigeons and doves. .
Flickers -...2.....-

Insectivorous and song birds .-.-......-------------- 22-200 ee eee ee eeee

Plume birds .........-.
Birds of prey .-----..--

Lists of species protected in each State and in the Canadian Provinces. . -.
Species specifically exempted from protection --.-......-..--.----------
Permits for collecting birds and eggs for scientific purposes..........-.--
Licenses and other regulations regarding shooting .-.-......--.--.------

Birds in captivity ...-.-

Enforcement of protective laws...-...--....-..-------------------0----
Necessity for further State legislation .....-.-..-.-...-------------6+---

Act proposed by the
Federal legislation. --- --
The Hoar bill ..----

The Lacey act. .--- 5

American Ornithologists’ Union....-....--..---

State laws for the protection of birds.......-....-...------2------------

Alabama........-..----

ATKANGAS! soc Scuceeeees
California ............-
Colorado ....--------.-
Connecticut......------
Delaware ....-.--------
District of Columbia. ...
Pl Ori Bere cvssiceec seeders teres
GOORO1A.. cai<.sajs.si=ierrererere
Illinois .........-.-----

Kentucky ....---------
Leui8latiae ces erseree eee
Mains -tenreretersee ete st
Maryland.....--.--..--
Massachusetts......----
Michigan .....-.-----.-
Minnesota ....---------
8 OONTENTS.

II. State laws for the protection of birds—Continued. Page.
IM SSISS] PP leieii=ieriniste catia ay Set eae Siamese ct ah thee ss 70
MELO AE pc ses ecw eae cpccpanticsatce check cee oiehec apatadsh xlnialele Saree Oe Ramee EER eee 71
VEO ra BAILA Asse es cata at icevaiereeceieinsc ciate meas ya oes A EES 71
ING DIAS icieiee ios deere eee ae OA IE SIS Ee See eee ee ocean 71
IN CMA ye ox xi cicroctercinio erecta are cninctars see eatbnieerety its ere ate neha areal e we 72
New Haim pshine=....-trtetertaid delat tiiealomielale deisisiernes paste obehke ales'alatets 72
INGW JieTSOY os o5e teeta cen ceeeetann cee ues amecaamceaescemimecc cic 73
ING W MOrk 22 2 5dece boo niensecade cecal tacgon hu gene uedeededeeuees 74
NORGE Cano lin ares: .<.2.3 32 cers Saye AE Send ROSE SE beE ee Ose 74
INGEtH Dakoty. e.g 5c cece een cob nearer Oe aay a ole eel 75
OHIO! cence sce ees cues pe deesteweesiwesveckecarnoweseedeiene aie eieeeed 75
OR laho mario ite eeet SoS einlte eter ders Allene cheb wastes 76
OVE BON s.itc crasaretntaiciacwlasmrniaiaecictate siciae et iarare iets gperemnarcrarniie aie Rieti 76
PONS YAVAMIA toca c nyu nastenmee en eeneaae sans te eee ESaeeemeaes 77
OG GUIS AI, occa. sysiepcacevevere sarees irc eyernroresdistarcie SMS eines eee Gea 78
South Carola ss =, <s<.5:<is:ace,c1s:ctesn.5.5.e0e ccasels bagedrayayeceis asain gabe’ coim bia lis Sicwelesieeerciarclc 79
South Dakota) cs..c..cseeencsedmwaws vemewee meee e oo EE Seca ee ece 80
Tennesse sci iwcxisane nse sceeeiegetacadece keveeeetesesacesheseseese ss 80
FLOR S! ats iatcyctel rately: evesoraraeyratel crate gherstatates ects fein Giese clei over cetal tesielzislatel ee eiaiarsiate 81
SU ts sees repecaracd nie Arseacnercncceraaneys eee he coraseaveran aig ceEU Aa mare eae eRe 82
WMermnOntt <2,2 225 sodas ahaa ceececceins pee Le esas las alot eth meee 82
MUI Aerosp eae cake shaves es Slay aaah ae TSN Noe See si crie yea Eien 82
Washing totie wn. vse canar encase heaen causes aemes eee eee whee bemics 83
NVIOSE NATO UTA casera rerateyeravararceatchencintS thas deste dete iadeietces hulu rea sete See ole 83
WiS@ODSID: 02.0 ieee ahem arneseciceicemeiuee be oats uteri SU eeeEN eet RREek 84
WOH Ss 27525 cc nasal nt oon ons ous net aies to kihaneseeneeedexecee 84

IIL. Canadian laws for the protection of birds....--.....---....------------ 85
Brea Ga Bi oT an 0 he ee eae late ele i nial ade tats 85
MaIILO Dabs isiciotvinre vsterctorreiarcisatadnava baie eine Mule ike ha tee eee 86
IN Givi TOUS ied eager oS acc IRIE date iavees Siler doa caimoe meee 86
Newioundlamds.: 35855: 255cs.c canna nalnete eeaedetet eaonaiee sect 87
NO Wa SCOtIE AN or fs So ee a ee Se oe 87
OM LAY IO eee ees cesneenre eee sere eee Seb Sc nie ey Sila Sle cisaane eee eeeicions 88
QUOC Os ta ore tal ctere erorewiciatorent lids ameenetee ee memisata ell ate epee ital! lls 88

EV. Bird And Arbor Day laws econ. enc csccheeedcvaise aeeicet Gals leona seees 90
Conneeticutisca. 12. a adnn aeacens ete eeteeneGienice acu aaseeeeaeee eee 90
Min M@sofah ane ns ss ccchieceeeet ete teiseaetinngaa eek caannnrsaeeacseaew 90
WISCONSIN were vacate teeanaedeees GhSeeeeeuee tions tinjecoeieeucacebeca 90

ILLUSTRATIONS.
PLATES.
Page.

Prats I. Map illustrating diversity in State laws for the protection of

DOB can cece cecemitiemilnungitemate sss shee eas sigjeciamae Frontispiece.
II. Map showing dates of recent State laws for the protection of birds... 55
TEXT FIGURES.

Fic. 1. Mourning dove (Zenaidura macroura).....2.....22-0-2-2- een eee 15
2. Diagram showing open seasons for doves..............2-.----------- 16
3. Flicker (Colaptes auratus) ......-- 22-22-2002 202 cece eee e eee eee 17
4. Bobolink (Dolichonyx oryzivorus) ...-..2-2-. 2000002220222 e ene eee ee 19
5. Meadowlark (Sturnella magna) ...-.-. 2.22. 220202-0- 20 eee eee e eee e ee 20
6. Red-winged blackbird (Agelaius pheeniceus) ...-......22-22222-0--0-e- 21
7. Robin (Merula migratoria)...-....--...-. 2002002 e eee eee eee eee 22
8. Map of Texas showing counties exempted under law of 1895 ........- 46
LEGISLATION FOR THE PROTECTION OF BIRDS OTHER
THAN GAME BIRDS.

I. GENERAL DISCUSSION OF PROTECTIVE LEGISLATION.
INTRODUCTION.

Bird protection in its broadest sense appeals to many persons and
diverse interests, and its importance is becoming more generally
appreciated. The sportsman who values birds chiefly for the pleasure
derived from their pursuit as game, the market hunter who hunts
them solely for profit, the farmer who regards them in the light of
their relation to agriculture, and the many persons of every class who
derive enjoyment from their presence, are all interested in the ques-
tion of their preservation. The sportsman has long realized the
necessity for protective measures, but the farmer has only recently
learned to appreciate the full value of birds as insect destroyers.
More exact knowledge of their food habits has resulted in a higher
estimate of their utility on the farm, and demonstrated more clearly
than ever the necessity of active measures to insure their protection.
Recent years have also witnessed a greatly increased interest in birds
from the esthetic standpoint, which has resulted in the formation of
numerous protective organizations known as Audubon societies. Still
bird destruction is going on rapidly in the United States, and in many
regions there is a marked decrease in the abundance of certain species.
Cheap guns, lax laws, the mania for collecting and shooting, and more
especially the enormous demand for birds for market and for the
millinery trade, are responsible for this reduction in bird life.

The protection of birds is a national, not a local, question. It deals
largely with migratory species which breed in one section, winter in
another, and traverse several States in passing to and from their
breeding grounds. Legislation on this subject belongs primarily
to the States, but if it is to accomplish its purpose in a country like
the United States, which, exclusive of Alaska, extends through 24° of
latitude and 58° of longitude (an extent equal to two-thirds that of the
whole Continent of Europe), there must be greater harmony of action
between the several States. Absolute uniformity in the protective
laws of fifty distinct Commonwealths may be impossible of attainment,
but it is highly necessary, and seems to be feasible, to secure a much
greater degree of uniformity than at present exists. State laws may

be supplemented to some extent by federal legislation, and a bill has
9
10 LEGISLATION FOR THE PROTECTION OF BIRDS.

just been passed by Congress to regulate interstate commerce in game
killed in violation of local laws. (See page 52.)

Similar, and perhaps greater difficulties exist abroad, but several
countries of the Old World, including. England, France, Germany,
Austria, Italy, Switzerland, Belgium, and even Japan, have taken
steps to prevent the indiscriminate slaughter of useful birds. While
the limits of this bulletin preclude any account of the regulations that
have been adopted in Europe, it is interesting to observe that the
importance of uniformity of action between neighboring countries is
fully appreciated, as shown by the convention entered into by France
and Switzerland in 1885.*

Protective legislation was originally intended to secure merely the
preservation of birds which were killed for food or sport, but as
time went on it was extended gradually to other species. It is this
later phase of the subject, the protection of birds not strictly game,
which will be discussed here; but before proceeding to the considera-
tion of the laws now in force or the defects in existing legislation, it
may be worth while to review very briefly the development of pro-
tective laws in the United States.

HISTORY OF PROTECTIVE LEGISLATION.

The necessity of restricting the slaughter of useful birds began to
be recognized in the last century, if not before. In 1791 New York
enacted a law protecting the heath hen from April 1 to October 5.
Some years later, in 1818, Massachusetts passed a law to prevent the
wanton destruction at ‘‘improper times” of ‘‘ birds which are useful
and profitable to the citizens either as articles of food or instruments
in the hands of Providence to destroy many noxious insects, grubs
and caterpillars, which are prejudicial or destructive to vegetation,
fruits and grain.” This law prohibited the killing of quail or par-
tridges between March 1 and September 1, and of woodcock, snipe,
larks, or robins from March 1 to July 4. Larks and robins were pro-
tected merely as game, and it was not until the middle of the century
that birds not usually killed for food received the protection which is
now generally accorded them.

In 1850 both Connecticut and New Jersey passed special laws for the
protection of insectivorous birds. The New Jersey law, approved
March 6, 1850, was entitled ‘‘An act to prevent the destruction of
small and harmless birds,” and is quoted in full, since it is of interest
as one of the first of its kind in the United States:

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That it

shall not be lawful in this State for any person to shoot, or in any other manner to
kill or destroy, except upon his own premises, any of the following description of

 

1The text of the convention of August 6, 1885, and a brief résumé of protective
legislation in Europe may be found in the report of M. de la Sicotiére, Congrés Inter-
national d’ Agriculture, 6° section, Protection des Oiseaux, pp. 1-20, Paris, 1889.
HISTORY OF PROTECTIVE LEGISLATION. 11

birds: The night or musquito hawk, chimney swallow, barn swallow, martin or swift,
whippowil [sic], cuckoo, kingbird or bee martin, woodpecker, claip or high hole,
catbird, wren, bluebird, meadow lark, brown thrusher [sic], dove, firebird or sum-
mer redbird, hanging bird, ground robin or chewink, bobolink or ricebird, robin,
snow or chipping bird, sparrow, Carolina lit [sic], warbler, bat, blackbird, blue jay,
and the small owl.

2. And be it enacted, That every person offending in the premises shall forfeit and
pay for each offence the sum of five dollars, to be sued for and recovered in an action
of debt by any person who will sue for the same, with cost.

3. And be it enacted, That any person wilfully destroying the eggs of any of the
above-described birds shall be liable to the penalty prescribed in the second section
of this act, to be sued for and recovered as therein prescribed.

Similar acts were passed in 1851 by Vermont, in 1855 by Massachu-
setts, and shortly after by other States, until in 1864 they were in force
in the District of Columbia and twelve States, comprising all of New
England, New York, New Jersey, Pennsylvania, Iowa, Michigan, and
Minnesota.

These early laws, as exemplified by the New Jersey statute just
quoted, enumerated the species to be protected, and extended protec-
tion only to ‘insectivorous,’ ‘song,’ or ‘harmless’ birds, as is still
done by some of the laws now in force. In 1877, however, Florida
wentastep further, by enacting special legislation for the preservation
of sea birds and plume birds, and in 1891 her example was followed by
Texas. Recently a beginning has been made toward preserving birds
of prey, or at least discriminating between the useful and injurious
species. In 1886 a departure was made by the committee on bird pro-
tection of the American Ornithologists’ Union, which drafted a bill
differing from previous laws by defining game birds and protecting
all others (with the exception of a few known to be injurious), thus
including not only insectivorous and plume birds, but birds of prey as
well. (Seep. 48.) This method of defining the species to be protected
has now been adopted by several States. It has the advantage of
clearness, simplicity, and completeness, which is not the case with laws
framed on the old lines.

During the last three years a few attempts have been made to legis-
late against the sale and wearing of feathers of native birds, as the
enormous demand for birds for millinery purposes is generally recog-
nized as one of the chief causes of bird destruction. In 1897 California
declared that every person who shall at any time kill or have in his
possession, ‘‘except for the purpose of propagation or for educational
or scientific purposes, any English skylark, robin, canary, humming-
bird, thrush, or mocking-bird, or any part of the skin, skins, or plumage
thereof, * * * is guilty of a misdemeanor.”* In the same year
Massachusetts passed a broader law aimed more directly at the trade
in feathers, which provided that ‘‘ whoever has in his possession the
body or feathers of any bird whose taking or killing is prohibited by

 

! Penal Code, California, 1897, p. 216.
12 LEGISLATION FOR THE PROTECTION OF BIRDS.

section 4 of chapter 276 of the acts of the year 1886, or wears such
feathers for the purpose of dress or ornament, shall be punished [by a
fine of $10] as provided in said section.” This act was promptly
tested in the courts and declared unconstitutional. It was, however,
amended by the legislature in the following year, although the new
law did not go into effect until April 1, 1899. The words ‘whether
taken in this Commonwealth or elsewhere’ were inserted after ‘1886,’
and another clause was added which excepted from the provisions of
the act nonresidents passing through or temporarily dwelling within
the State.* Maryland also declared in 1898: ‘‘No person shall under
like penalty [$1 to $5] have in his or her possession, offer for sale or
wear, the skins, plumage, wings, or feathers of any of the birds, the
catching or killing of which is prohibited by this section.”* Recently
New York has incorporated in its game law a millinery clause, which
provides that ‘‘ no part of the plumage, skin, or body of any bird pro-
tected by this section shall be sold or had in possession for sale.” *

Federal legislation restricting interstate commerce in birds for milli-
nery purposes has also been advocated, and a bill designed to accom-
plish that purpose was passed by the Senate at the last session of
Congress, but failed to become a law. (See p. 49.)

It has been proposed that, as a means of increasing interest in bird
study, the schools observe a special ‘Bird Day’ each year. This sug-
gestion has met with considerable favor. A ‘Bird Day’ celebrated
with appropriate exercises, similar to and often united with those of
Arbor Day, has now become a regular feature of the school calendar
in several States, and in some has been recognized by law. Wisconsin
in 1897, and Minnesota and Connecticut in 1899, legally established a
combined Arbor and Bird Day. (See p. 90.)

It is interesting to notice that protective legislation in America has
followed much the same lines as in England. The English law origi-
nally protected game only. The birds regarded as such were pheasants,
partridges, grouse, heath or moor game, black game, and bustards (1
and 2 Will. IV, c. 32). In 1869 protection was extended to sea birds
between April 1 and August 1, and in 1872 to wild fowl between
February 15 and August1. A few years later all birds were protected
between March 1 and August 1 by the ‘Wild birds protection acts’
of 1880-81 (43 and 44 Vict., c. 35; 44 and 45 Vict., c. 51). Finally in
1894 another act was passed enabling the secretary of state, upon
application of a county council, to prohibit the taking of eggs of any
wild bird either in the county or in certain areas within it.®

 

’ Acts of Massachusetts, 1897, chap. 524, p. 561.

» Acts of Massachusetts, 1898, chap. 339, p. 275.

5 Laws of Maryland, 1898, chap. 206, sec. 15u, p. 711.

+ Laws of 1900, chap. 20, sec. 33.

5J. HE. Harting, Encyclopzedia of Sport, I, p. 447, 1898,
DEFINITIONS OF GAME BIRDS. 13

It will be noticed that in one respect there is a wide difference between
English and American laws. Under the former all birds are treated
alike and are protected only during five months that cover the breeding
season, whereas in the United States it is customary to divide birds
into two or more categories and protect game birds only during the
breeding-season, and the other protected species at all times. As will
be explained later (see p. 45), only a few States, notably Georgia,
North Carolina, and Tennessee, treat all birds alike, but these States
really protect few species besides game birds. The English law has
the advantage of being more comprehensive than most of our statutes,
but the principle of establishing protection only during the breeding
season would be open to serious objection in many States on account of
the tendency to class a number of insectivorous birds as game. Under
that plan such birds would be killed for market in large numbers
during the winter months.

DEFINITIONS OF GAME BIRDS.

From the standpoint of the sportsman, birds are either game birds
or non-game birds, but from the legislative standpoint they may be
roughly divided into three groups: (1) Species which should be pro-
tected at all times, as thrushes; (2) species which may be killed at cer-
tain seasons for food or sport, as quail; (3) species which are injurious
and therefore excluded from protection, as the English sparrow. The
first group is usually called ‘insectivorous’ or ‘song’ birds, the sec-
ond ‘game,’ and the third ‘injurious’ birds; but these groups are
necessarily arbitrary, and their limits are by no means certain. About
1,125 species and subspecies of birds inhabit North America north
of Mexico, and of these only about 200 (18 percent) can properly be
considered game. (See p. 25.)

As the wording of modern protective laws turns largely on the
definition of ‘ game birds,’ it may be well to note some of the differ-
ent interpretations which have been applied to this term. A game
bird, according to the Century Dictionary is ‘‘a bird ordinarily pur-
sued for sport or profit, or which is or may be the subject of a game
law.” Bouvier’s Law Dictionary defines game in general as ‘‘ birds
and beasts of a wild nature obtained by fowling and hunting.” In
different State laws the term is defined in various ways without special
regard for uniformity. Thus Maine‘ fixes an annual close season for
‘ game birds,’ and enumerates under this head the wood duck, dusky
duck (commonly called black duck), teal, gray duck, ruffed grouse
(commonly called partridge), woodcock, quail, plover, snipe, and sand-
pipers. In the Michigan law* the term ‘game bird’ is construed

 

1 Rey. Stat., chap. 30, sec. 11.
2 Public Acts, 1897, p. 202, sec. 21,
14 LEGISLATION FOR THE PROTECTION OF BIRDS.

to mean all birds named or referred to except certain insectivorous
species. According to the Code of Mississippi, ‘‘the term ‘game’
includes all kinds of animals and birds found in the state of nature,
and commonly so called.”! Nova Scotia declares: ‘‘ ‘Game’ shall mean
and include * * * Canada and ruffed grouse (commonly called
partridge), pheasants, blackcock, capercailzie, ptarmigan, sharp-tailed
grouse, woodcock, snipe, bluewinged ducks, teal, and wood ducks.” ?
British Columbia decrees that a game bird ‘‘shall mean a bird protected
by the provisions of this act,”* and New Brunswick ‘‘any bird men-
tioned in this act, or of a species or class similar thereto.” *

The plan of enumerating each species, as in some of these laws, is
not clear or concise. It also lacks uniformity because of the confusion
existing in the common names of certain game birds and the presence
of species in one State which do not occur in another.”

In order to overcome this difficulty, the Committee on Protection of
Birds of the American Ornithologists’ Union has suggested using the
larger groups called orders and families, into which birds are com-
monly divided,® instead of species, which gives at once a simple and
concise definition. ‘‘The following only shall be considered game
birds: The Anatide, commonly known as swans, geese, brant, river
and sea ducks; the Rallidee, commonly known as rails, coots, mud-hens,
and gallinules; the Limicole, commonly known as shore birds, plovers,
surf birds, snipe, woodcock, sandpipers, tatlers, and curlews; the
Galline, commonly known as wild turkeys, grouse, prairie chickens,
pheasants, partridges, and quail.” These four groups, the Anatide,
Rallide, Limicole, and Galline, include all the species which are com-
monly hunted for sport or for food in the United States, with the
exception of cranes, wild pigeons, doves, flickers, meadowlarks, reed-
birds, blackbirds, and robins. Cranes, pigeons, and doves are ordinarily
considered legitimate game, but are now so rare in most States that it
has become necessary to remove them from the game list. Flickers,
meadowlarks, blackbirds, reedbirds, and robins being insectivorous are
more valuable for other purposes than for food, and merit special
attention.

 

‘Annotated Code, 1892, sec. 2118.

* Laws of 1896, chap. 4, sec. 2.

5 Statutes, 1898, chap. 24, sec 2.

+ Acts of 1899, Chap. VIII, sec. 2.

5 Tf these species are not mentioned in the game list of the latter State, they can
be imported and sold during close seasons, thus furnishing a market for the illegiti-
mate sale of game from other States.

®Ornithologists divide the class of birds into orders which are subdivided into
groups called families, these again into genera, which in turn are composed of species
and subspecies. Only 17 orders and 67 families are represented in North America
north of Mexico.
PIGEONS AND DOVES. 15
SPECIES ERRONEOUSLY CONSIDERED GAME BIRDS.
PIGEONS AND DOVES.

The order Columbx, comprising wild pigeons and doves, is repre-
sented in the United States by 15 species and subspecies. Of these,
only three have any practical importance as game birds, viz, the pas-
senger pigeon (Hetopistes migratorius), now almost exterminated; the
band-tailed pigeon (Columba fasciata), found from the Rocky Moun-
tains to the Pacific coast, and the common, mourning, turtle, or Carolina
dove (Zenaidura macrouri), distributed more or less generally through-
out the United States. The wild pigeon is now rarely seen except in

 

 

Fie, 1.—Mourning dove (Zenaidura macroura).

two or three of the States about the Great Lakes, where it is rigidly
protected. Although it was formerly one of the most important game
birds of the country, its numbers have been so diminished during the
last thirty or forty years that it can no longer be considered as belong-
ing in the game list. The band-tailed pigeon is an important game
bird in only half a dozen States, and Colorado seems to be the only
one which provides an open season (July 15 to September 30). The
common dove (fig. 1) is protected in some States throughout the year,
in others only during the breeding season, while in still others it is not
mentioned in the laws, and hence may be killed at any season. (See
frontispiece.) Where it is abundant, as in southern California and

 

1The Provinces of Manitoba and Quebec, however, exclude it from the list of pro-
tected birds (see pp. 37, 86, 89).
16 LEGISLATION FOR THE PROTECTION OF BIRDS.

some parts of the Southwest, it is perhaps in no immediate danger of
extermination if the slaughter i is kept within reasonable bounds. There
is, however, a wide diversity 4 in the open seasons in different States.
As shown in the following table and diagram, dove shooting is allowed
during periods varying from two to nine months. (See fig. 2.)

Open seasons for doves.

 

 

State or Territory. Open season. State or Territory. Open season.
Alabama?!....... November 1 to March 1. Mississippi. ....-.. September 15 to March 1.
Arizona ....-.--- June 1 to March 1. Missouri .......-.- August 1 to January 1.
California ......-. July 15 to February 15. New Jersey....-.- August 1 to September 30.
Colorado ....-..- July 15 to September 30. North Carolina ...}| October 15 to April 1.
Georgia.........- August 15 to March 15. OM Oss caceccasasxe July 4 to December 15.
Tilinois .......... September 1 to December 1.|| Oklahoma....-.-. August 1 to December 31.
Kentucky -....-. August 1 to February 1. South Carolina ...} August 1 to March 1.
Louisiana ....... September 1 to April 1. Tennessee ?....... November 1 to February 1.
Maryland -.....- August 15 to December 24. Utah seiconeuneescs! July 1 to December 1.
Minnesota. ...-.- September 1 to November 1. :

 

 

 

 

 

 

1 The evident intention was to make the open season August 1 to March 1 (see p. 56).
' 2In Greene and Bradley counties; in Wilson County the open season extends from August 1 to April
1, and in Montgomery and Cheatham counties from August 1 to March Als

STATE lJ e€
Alabama
Arizona
Galifornia
Colorado
Georgia
Illinois
Kentuck
Lousiana

an
innesota
SS1SS1

Missouri
New Jerse
North Carolina

hio

klahoma’
SouthCarolhinaVWW
Tennessee Yi

Utah

Fic. 2.—Diagram showing open seasons for doves:
dove shooting is permitted.

 

The shaded area indicates the months when

Doves feed largely on seeds, and an examination of a considerable
number of stomachs has shown that these include seeds of noxious
FLICKERS. 17

weeds, such as pokeweed and several species of the genera Lithosper-
mum, Oxalis, and Huphorbia. In certain parts of California the habit
of feeding on the seeds of turkey mullein (Hremocarpus setigerus)
is so well known that a botanist, on inquiring how he could collect
some seeds of this plant, was advised to shoot a few doves and open
their crops. Under some circumstances enormous quantities of weed
seed are devoured, as shown by the crop of a dove killed in a rye field
at Warner, Tenn., which contained no less than 7,500 seeds of Ovalis
stricta. Asa weed destroyer, the dove more than compensates for the
grain which it occasionally consumes, and the value of its services is
certainly greater than the few cents which its body brings in market.

 

Fig. 3.—Flicker (Colaptes auratus).

FLICKERS.

Of the woodpeckers, the flickers or pigeon woodpeckers (fig. 3),
represented in the East by the yellow-shafted flicker (Colaptes
auratus) and in the West by the red-shafted flicker (C. cafer), are
the only ones which are killed to any extent for food.’ They are still
regarded as legitimate game in some sections, but apparently are so
treated by law only in Nevada, which fixes an open season from
September 15 to March 15. Like other woodpeckers, the flicker is

 

1In some parts of the South the pileated woodpecker (Ceophiceus pileatus) is sold
as game, and a few specimens can be found occasionally in the markets of Washing-
ton, D. C.

22186—No. 12——2
18 LEGISLATION FOR THE PROTECTION OF BIRDS.

mainly insectivorous. An examination of 230 stomachs of the yellow-
shafted flicker showed the presence of 5 percent mineral, 39 percent
vegetable, and 56 percent animal matter.‘ The mineral element was
mainly sand, probably picked up accidentally along with other food.
The vegetable matter consisted of the seeds of a number of weeds and
berries of several native shrubs and occasionally a small amount of
grain, but too little to be of much consequence. Flickers are more
terrestrial than other woodpeckers, and a large part of their animal
food consists of ants, which constitute nearly half the food of the
year. Several stomachs contained little else, and at least two con-
tained more than 3,000 each of these insects. Beetles stand next to
ants in importance, forming about 10 percent of the food, and including
chiefly May beetles, a few snapping beetles, and carabids, or preda-
ceous ground beetles. Grasshoppers also are eaten at certain times, as
shown by several stomachs (collected in June, 1865, in Dixon County,
Nebr.), which contained from 15 to 48 grasshoppers each. A bird
with such a record is far too valuable to be killed for food, and is
entitled to all the protection ordinarily accorded insectivorous species.

BOBOLINKS OR REEDBIRDS.

Comparatively few passerine birds are treated as game. Among
these few, bobolinks (reedbirds), blackbirds, meadowlarks, and robins
are the most important. The enormous numbers of bobolinks (Dolz-
chonyzx oryzworus—tig. 4) which flock to the Atlantic coast each autumn
to feed on the seeds of wild rice before taking their departure for the
rice fields of the South and their winter haunts in South America have
given rise to the sport of reedbird shooting, a sport scarcely known
in other sections of the country. The bobolink, which is rigidly
protected during its stay on its breeding grounds in the Northern
States, receives the name of reedbird as soon as it enters the Middle
States in autumn dress, and is considered legitimate game. Open
seasons are legalized in the Middle States as follows: Delaware,
September 1 to February 1; District of Columbia, August 21 to Feb-
ruary 1 (Tuesdays, Thursdays, and Saturdays only); Maryland, Sep-
tember 1 to November 1; New Jersey, August 25 to January 1; Penn-
sylvania, September 1 to November 30. For a few weeks it is killed
in enormous numbers for market, and when it reaches the Carolinas,
farther south, where it is known as the ricebird, the slaughter is
increased, not for sport, but as protection against its ravages in the
rice fields. Here it becomes a veritable pest, and may be killed lawfully
at any season. To many persons it is a delicious morsel, although its
diminutive body furnishes little more than a taste of meat. There

 

1 Beal, Food of Woodpeckers, Bull. 7, Div. Ornith. and Mamm., Dept. Agr., pp.
16-20, 1895,
BOBOLINKS OR REEDBIRDS. 19

would be no objection to utilizing the bird for food were it not for the
abuse to which this custom of killing it for market has given rise. Not
only are other birds killed for reedbirds, but in States in which reed-
birds do not occur marketmen try to make up the deficiency by fur-
nishing various small birds under that name. In the markets of San
Francisco horned larks (Otocoris), red-winged blackbirds (Agelazus),
Brewer’s blackbirds (Scolecophagus), white-crowned and golden-crowned

 

Fic. 4.—Bobolink (Dolichonyx oryzivorus) .

sparrows (Zonotrichia), song sparrows (Melospiza), savanna sparrows
(Ammodramus), house finches (Curpodacus), and even goldfinches
(Astragalinus), have all been sold as reedbirds.*| Such conditions serve
only to defeat the object of protective laws, and for this reason, if
for no other, reedbirds should be taken off the game list, except in
the few States in which they are known to be abundant; and even here
their sale should be carefully regulated to prevent the slaughter of
robins, larks, and other birds, which are almost certain to be killed by
market hunters.

 

1 Bryant, Zoe, II, pp. 142-145, 1891.
20 LEGISLATION FOR THE PROTECTION OF BIRDS.

MEADOWLARKS.

Like the flicker, the meadowlark (Sturnella magna—tig. 5) is consid-
ered game by many persons, mainly on account of the character of its
meat, which in some respects resembles that of quail. A few States
provide an open season for lark shooting, as follows: Mississippi,
September 15 to March 1; Missouri, August 1 to January 1; North
Carolina, October 15 to April 1; British Columbia, September 1 to
March 1; Georgia apparently allows the bird to be killed at any
season. Its importance to sportsmen is small in comparison with
its value to farmers. Professor Beal, in speaking of its food habits
says: “It is one of the most useful allies to agriculture, standing
almost without a peer as a destroyer of noxious insects. * * *

 

Fic. 5.—Meadowlark (Sturnelia magna).

In summing up the record of the meadowlark, two points should be
especially noted: (1) The bird is most emphatically an insect eater,
evidently preferring insects above all other food; and (2) in default
of its favorite food it can subsist on a vegetable diet.” *

Professor Beal made an examination of 238 stomachs, and reported
that the contents comprised about 27 percent vegetable matter and 73
percent animal matter. In other words, nearly three-fourths of the
food of the meadowlark for the year, including the winter months,
consists of insects. The vegetable food comprises mainly seeds of
weeds, grasses, and a little grain, but the grain, chiefly corn, amounted
to only 14 percent. No sprouting corn was found in any stomach,
and no grain of any kind was found in stomachs taken in summer; the
largest quantity was eaten in January, when other food was scarce.

1 Yearbook Dept. Agr., 1895, pp. 420 and 426,

 
BLACKBIRDS. : 21

Among the insects taken at various times during the year, grasshop-
pers, locusts, and crickets are by far the most important, since they
averaged 29 percent of the food. Of the 238 stomachs examined, 178
contained grasshoppers, and 37 of these insects were found in a single
stomach. In August stomachs they constituted 69 percent of the food.
Beetles, which stand next in importance to grasshoppers, included
chiefly May beetles (Scarabseidee), snout-beetles or weevils (Rhynco-
phora), and leaf-beetles (Chrysomelide). Caterpillars formed an im-
portant element of the food, and ants a small, but fairly constant,
item, about 3 percent for the year.

 

Fig. 6.—Red-winged blackbird (Agelaius pheniceus)

BLACKBIRDS.

In the District of Columbia red-winged, or marsh, blackbirds (Age-
laius pheniceus—tig. 6) are treated as game birds and an open season
for shooting them is set apart. The argument is made that on account
of the damage they do to grainfields, particularly in the spring and
autumn, blackbirds may be kept from becoming too abundant by treat-
ing them as game. But it may well be questioned whether this would
reduce their numbers as effectually as if they were excluded entirely -
from protection in localities where they are injurious. Game birds
are necessarily protected for a longer or shorter time during the breed-
ing season, while species excepted from protection may be killed at
any season. A full account of the food habits of the various black-
birds may be found in Bulletin No. 13 of the Biological Survey.
22 LEGISLATION FOR THE PROTECTION OF BIRDS.

ROBINS.

In some sections of the South, particularly in New Orleans, all kinds
of small birds, even thrushes, are considered legitimate game, and are
offered for sale in the markets. According to Prof. H. Nehrling,
‘one main cause of the fearful decrease of our small migratory birds
must be looked for in our Southern States. There, millions of alt
kinds of birds are killed to satisfy the palate of the gourmand. * * *
There is scarcely a hotel in New Orleans where small birds do not
form an item on the bill of fare. At certain seasons the robin, wood
thrush, thrasher, olive-backed thrush, hermit thrush, chewink, flicker,
and many of our beautiful sparrows form the bulk of these victims;
but cat-birds, cardinals, and almost all small birds, even swallows, can

 

Fie. 7.—Robin (Merula migratoria).

be found in the markets.”' Mr. Andrew Allison, of New Orleans,
gives similar testimony: ‘‘In the fall migrations, when all the migrants
are literal butter-balls, appalling numbers of cat-birds, wood thrushes,
red-eyed vireos, king birds, tanagers, and in fact any easily-shot birds
are killed * * * near the coast towns. Wood thrushes and cat-
birds are more persecuted than any other, under the name of grassé,
and many are sent to the markets here in September and October.” ?!
— Robins (dderula migraturia—fig. 7) are perhaps more generally killed
than any of the other thrushes, and in some States their killing is
legalized at certain seasons—for example, in North Carolina, from
October 15 to April 1. A few years ago large numbers of robins were

 

1See W. T. Hornaday, 2d Ann. Rept. N. Y. Zool. Soc., p. 86, 1898.
INSECTIVOROUS AND SONG BIRDS. 23

shipped to the markets of Washington, D. C., from various points in
Virginia and North Carolina. In the spring of 1897 no less than 2,700
were received in one lot. These birds were killed near roosts just
before the northward migration set in; fortunately their sale could be
stopped in the District of Columbia, but their killing at this season
was lawful in North Carolina.

It seems hardly necessary to call attention to the insectivorous habits
of robins; but a few details may add emphasis. In an examination of
330 stomachs,’ 42 percent of the food was found to consist of animal
matter, chiefly insects, while the remainder was made up largely of
small fruits or berries. Grasshoppers, caterpillars, and beetles com-
posed the principal part of the insect food, grasshoppers forming
nearly 30 percent of the total food in the month of August. The veg-
etable element, 58 percent, was largely composed of wild fruits, which
had been eaten in nearly every month. Cultivated fruit was found in
small amounts, chiefly in stomachs collected in June and July, but the
depredations of the birds seemed to be confined mainly to smaller and
earlier fruits, and as Professor Beal has shown, the damage thus done
may be obviated by planting wild fruits, which the birds prefer to
cultivated varieties.

INSECTIVOROUS AND SONG BIRDS.

An examination of the various State laws shows that definitions of
non-game birds accorded protection are in most cases very loose. The
matter of definition is a difficult one in view of the fact that the num-
ber of birds now recognized in North America is over 1,100, and that
the list of even so small a State as Rhode Island (with an area of only
about 1,000 square miles) contains no less than 291” species, while 374
species are known to occur in Colorado® and 415 in Nebraska.*

Attempts are often made to name the more important birds (as in
the case of the Alabama law, which enumerates 50 species), but it is
obviously impracticable to name all, and the common practice is to
mention a few and to include the others under such general terms as
‘insectivorous,’ ‘song,’ or ‘useful’ birds. Georgia depends entirely
on the term ‘insectivorous or song birds’ and Missouri likewise pro-
hibits the killing of ‘any wild song bird or insectivorous bird,’ without
mentioning species. Other States extend their lists of protected
species by the terms ‘other harmless birds’ (lowa, Minnesota, and
Wisconsin), ‘any other of the small birds known as singing birds’

 

1 Beal, Farmers’ Bulletin 54, p. 38, 1897.

2 Howe and Sturtevant, Birds of Rhode Island, 1899. This number does not include
the introduced English sparrow.

3 Cooke, Bull. 44, Colo. Agr. Expt. Station, p. 150, 1898.

4Bruner, Some Notes on Nebraska Birds, p. 49, 1896.
94 LEGISLATION FOR THE PROTECTION OF BIRDS.

(Montana), ‘any other bird whose habits are not essentially pred:
atory upon and destructive of the agricultural products of man’
(West Virginia), ‘birds of like nature that promote agriculture and
horticulture by feeding on noxious worms and insects, or that are
attractive in appearance or cheerful in song’ (Nebraska). Only one
State, South Carolina, distinctly limits the term to ‘any bird whose
principal food is insects.’

Probably less than two-thirds of thé North American birds are,
strictly speaking, insectivorous, and a much smaller proportion are
properly song birds. Beside the four orders of perching birds (Pas-
seres); swifts and hummingbirds (Macrochires), woodpeckers (Pici),
and cuckoos (Coccyges), which comprise a little more than 600 species,
few groups contain many species which can be considered insectivorous.
Even a liberal interpretation of the term excludes more than one-third
of the birds unless they are protected by some additional clause, such
as ‘plume birds,’ which is adopted in the Florida statute to cover
herons, ibises, cranes, and curlews.

In the report. of the New Jersey Fish and Game Commission for
1899, some objections to the indefinite term ‘insectivorous’ are stated
as follows:

The question naturally arises as to what constitutes an insectivorous bird. Is a
bird to be regarded as insectivorous which feeds on insects for two or three weeks
every year? Under the provisions of the present law persons might be prosecuted
for killing shore birds, for these feed to a great extent on aquatic insects, and the
prosecution against a person for having killed reedbirds during the open season would
result in a conviction, for the reedbirds destroy insects in large numbers, and the
prohibition of the law against killing insectivorous birds is certainly sweeping.’

Although this is doubtless an extreme, if not erroneous, interpreta-
tion of the phrase, it shows the objection to the use of this term unless
qualified in some such way as in the South Carolina statute. “But the
chief objection is that the definition is vague and instead of going too
far, does not go far enough, and thus fails to cover a large number of
birds which are as worthy of protection as those which depend mainly
on insects for food.

Inasmuch as game birds constitute but a small proportion of the
avifauna of any State, it seems more reasonable to enumerate them and
extend protection to all others, as is now the practice in some States
(see pp. 63, 67, 82). This may be done quite briefly by following the
groups or families and orders into which ornithologists combine vari-
ous species. Of the 17 orders of North American birds shown in the
table on page 25, only 4 (marked with an asterisk) include true game
birds and but 4 others species which are properly insectivorous, so that
by defining game birds, as suggested by the American Ornithologists’

 

18ee Forest and Stream, LIV, pp. 9-10, January 6, 1900.
PLUME BIRDS. 25

Union, the statement regarding the protection of the others may be
reduced to a few words, as follows: Any wild bird, other than « game
bird, excepting the English sparrow (and such other species as may be
considered injurious).

Orders of North American birds.

[The orders marked with an asterisk (*) are the only ones which include game birds proper.]

 

 

 

   

     

 

Species

Order. Birds. and sub-

species. !

Pygopodes........-....--.. Grebes, loons, and auks | 37
Longipennes .......-...... Jaegers, gulls, and terns i 50
Tubinares .... cece cece Albatrosses, shearwaters, and petrels.......--.- 41
Steganopodes..........-.-- Gannets, cormorants, and pelicans............. 24
*Anseres (Anatide) ......- Ducks, geese, and swans ........-..---------6-- 64
Odontoglossze AMIN BOS ie sini ve datdarn denne ewacdede to Renddeeeow 1
Herodiones . . Herons, bitterns, ibises, etc 24
*Paludicole?.............. Cranes, rails, and coots........-.--- siatd 22
*Limicole ................. SHOLG: DITdS cso. c2 gece neeeeeeenceaes ae 76
PGQAUIN Gy cence sawkgesiseses Pheasants, grouse, and quail................... 45
Columbee ......-...-2------ Pigeons and doves......-.---.--.-------22--0025 15
Raptores Birds of prey: Buzzards, hawks, and owls.....- 94
Psittaci........ PETTOts csc cicendsunanearroscesceeeeeeieee esses 1
Coccyges -.-. ---| Cuckoos, anis, and kingfishers...... 13
PACT sicicaisiewiens deseo inais Woodpeckers .........2-.-2-2222+- 43
Macrochires .........-.--.- Goatsuckers, swifts, and hummingbirds 84
Passeres ....-.----2-----2-- PeTGhiN® PiIPdS).2.5.03 coessesncsand seaedeendenieds 540
TM bab adi ea ee emo aman oceee ee eee MN eee 1,124

 

 

 

 

 

1Corrected to include the ninth supplement of the American Ornithologists’ Union Check List, 1899.
2Comprises three families, Gruide, Aramid, and Rallidze, of which only the last (containing 18 of
the 22 species and subspecies) is included in the list of game birds.

PLUME BIRDS.

The general term ‘plume birds’ is here used to include not only
the herons, which are killed for their nuptial plumes, but a number of
water birds which are used for decorative purposes, such as pelicans,
terns, gulls, and grebes. The snowy heron furnishes the well-known
aigrettes; pelicans supply quills and breasts; gulls and terns are worn
in great numbers on hats; while grebes’ breasts, besides being used for
trimming hats, are also made into muffs, collarettes, and capes. There
is an enormous demand for plume birds by the millinery trade in years
when they are in fashion, and the localities where the birds breed are
scoured by hunters, who find a ready market for the skins at prices
varying from 10 to 50 cents apiece.’ As these birds all nest in col-
onies, it is a simple matter to destroy large numbers on the breeding
grounds; and so thoroughly is the work done that some of the species,

 

1 Bird Lore, II, p. 66, April, 1900.
26 LEGISLATION FOR THE PROTECTION OF BIRDS.

particularly the egrets and terns, have been almost exterminated along
the southern and eastern coasts of the United States.’

The value of herons, terns, and grebes is not generally appreciated,
and even the services of the gulls as scavengers are recognized in com-
paratively few places. As a result, birds of plume being neither game,
song, nor ‘insectivorous,’ are not protected by ordinary game laws
unless by chance they happen to be mentioned in the list of protected
species. Thus, by a curious perversity of circumstances, the species
which are killed most mercilessly and in the greatest numbers are the
very ones which are accorded the least protection.

Plume birds as well as insectivorous birds are protected in States
which have comprehensive laws prohibiting the killing of all birds
except game birds and certain designated species commonly considered
injurious. But these States are few in number, and include only
Arkansas, Ilinois, Indiana, Massachusetts,” New York,* Rhode Island,
and Vermont and also the Provinces of Manitoba and Ontario.

The only States that have special legislation for plume birds are
Florida and Texas. In her law of 1877, Florida prohibited the destruc-
tion of nests, ege’s, or young of any sea bird or bird of plume under
a fine not exceding $20; two years later she made the killing of any
‘birds for the purpose of obtaining plumes’ by persons who were
not citizens of the United States a crime punishable by a fine of not
more than $100. Later, in 1891, the killing of cranes, egrets, ibises,
curlews, or herons for purposes of sale, or the purchasing or trad-
ing in such birds, was made a misdemeanor punishable by a fine not
exceeding $300.* The plume-bird law of Texas, enacted April 13, 1891,
declares the killing of sea gulls, terns, shearwaters, egrets, herons,
and pelicans a misdemeanor, punishable by a fine of from $5 to $25.°

In addition to these two States, Maine has recently enacted a special
law protecting terns; Maryland protects both gulls and terns; New
Jersey and Pennsylvania protect these and similar birds under the
term ‘web-footed wild fowl;’ Michigan, under the term ‘ wild water-
fowl;’ Minnesota and Wisconsin, under ‘aquatic fowl; while Michigan,

 

1For an account of the slaughter of herons in the South, see Scott, Auk, IV, pp.
135, 213, 273, 1887; Chapman, Handbook Birds East. N. Am., p. 184, 1895. On the
extermination of terns, see Chapman, ibid., p. 82; Bird Lore, I, pp. 205-206, December,
1899. On the destruction of grebes, see Bailey, Bird Lore, II, p. 34, February, 1900.

2In Massachusetts exceptions are made in the case of gulls and terns, which are
protected only from May to September, inclusive.

5In New York the protection of gulls and terns is practically reduced to four months
by the clause which prohibits the killing of ‘web-footed wild fowl’ only between
the last day of April and the last day of August; exceptions are also made in the case
of grebes and bitterns, which are protected only during the same period.

4 Rev. Stat., 1892, secs. 2755-2756; Appendix, chap. 4050.

5 Rey. Stat., 1895, Penal Code, p. 100.
PLUME BIRDS. oT

Oregon, Utah, and Virginia include gulls in the list of protected species.
The scope of these laws may be illustrated by the following table:

Plume birds protected in various States.

(The x indicates the bird to which the State law applies.]

 

 

  
 

  

States, Grebes. | Gulls. Terns. | Pelicans.| Egrets. Remarks.

Arkansas ......---- x x x x x Wild birds. ?

California .........|.--------- Xo | daveeswasesl wekesce eee aeeeeees Local acts for Santa Monica
and Santa Barbara County,
and about San Francisco

i Bay.

Word aa jeeseseees | paserkeenell: seecewmis lewmneaecvalisaseses cee * |

Tin 0s ses. cess x me x x * Wild birds.

Indiana .........-- x x x x x Do.

Maine aececcceseses lee eseenecd|esacecnnes SO) Wieehngeteleinel| cen aoc:

Maryland .......-- x XK | lessavoracdleecessesas

Massachusetts . . x <x x x Gulls and terns only 5 months.

Michigan x x x SG | senweeces Gulls specifically and the oth-
ers under wild waterfowl.

Minnesota......--- x x x K  leaeeseesey Aquatic fowl for 8 months.

New Jersey......-.).-.------- x x Mo [cece Web-footed wild fowl for 4
months.

New York .....---- x x x x x Grebes and web-footed wild
fowl] for 4 months.

Oregon ......------ Rr tia ceare Sal ectceceigd hee emen sian

Pennsylvania x < SM Mistamkicsarts Web-footed wild fowl for 4
months.

Rhode Island...... x x x x x Wild birds.

TOROS! siscaeainsegistae|smciemaetis x x x x

Utah. sctsivesietcecss|sascce ten. BO | ect iehisiereiciatl jesegidiie assis |siohaistereisee

Vermont .......--- x x N x x Do.

Virginia .......0--.)...002 222 S| |raseenmees| @ctmadcear|Seemmsaces Protected until September 1.

Wisconsin ......-.. x oe x | Witenes Aquatic fowl for 8 months.

 

 

 

 

 

 

 

1The term ‘wild birds’ indicates that the law prohibits the killing of any wild birds other than game
birds and certain excepted species, thus including birds of plume.
2No plume birds can be killed by persons who are not citizens of the United States.

In the absence of State laws, protective legislation is occasionally
secured through county boards of supervisors, which have authority
in some States to make ordinances covering such matters. Thus, in
California, although the State passed a special act prohibiting the kill-
ing of gulls near Santa Monica, Los Angeles County, it has no general
law protecting these birds. Santa Barbara County, however, passed
a special ordinance on October 3, 1899, prohibiting the killing of
eagles, gulls, terns, and pelicans, which should effectually protect
these birds within the limits of this county. Gulls are also protected
in a few other localities, as about San Francisco Bay.

A few States have more comprehensive laws for the protection of
nests and eggs than for birds. Thus, Florida protects only cranes,
egrets, ibises, curlews, and herons, but forbids the destruction of the
nest, eggs, or young of any sea birds ov birds of plume. Maine
28 LEGISLATION FOR THE PROTECTION OF BIRDS.

protects no plume birds except terns, but forbids the destruction of the
nests, eggs, or young of ‘any wild bird,’ with certain exceptions, thus
protecting the young of gulls and grebes as well as terns. Delaware,
Kentucky, and Louisiana likewise, which make no effort to protect
plume birds, have similar laws prohibiting the destruction of nests or
eggs of ‘any wild bird,’ and thus extend protection to the nests of grebes,
gulls, and terns.

The following list of references has been prepared to facilitate con-
sultation of the various State laws relating to plume birds:

Arkansas: Acts, 1897, XLI, sec. 1, p. 53 (wild birds).

California: Penal Code, 1897, p. 563, sec. 1 (gulls at Santa Monica).

Delaware: Rey. Stat., 1893, Ch. LV, sec. 6 (nests or eggs of any bird).

Florida: Rey. Stat., 1892, p. 847, sec. 2755 (nests, eggs, or young of sea birds or birds
of plume); p. 992, sec. 1 (cranes, egrets, ibises, curlews, and herons) .

Illinois: Laws, 1899, p. 224, sec. 3 (wild birds).

Indiana: Thornton’s Rev. Stat., 1897, sec. 2243 (wild birds).

Kentucky: Statutes, 1894, sec. 1948 (nests or eggs of any wild bird).

Louisiana: Rev. Laws, 1897, p. 247, sec. 5 (nests or eggs of any wild bird).

Maine: Pub. Laws, 1899, ch. 42, sec. 12, p. 35 (nest, eggs, or young of any wild bird!);
ch. 116, p. 119 (terns).

Maryland: Laws, 1898, ch. 206, sec. 15m. (gulls and terns [mackerel gulls]).

Massachusetts: Supplement Pub. Stat., 1888, ch. 276, secs. 2 and 4 (wild birds).

Michigan: Pub. Acts, 1897, p. 202, sec. 20 (gulls).

Minnesota: Laws, 1899, ch. 242, sec. 10, p. 275.

New Jersey: Gen. Pub. Laws, 1895, Ch. CCLYV, sec. 8, p. 476 (nest or eggs of any
wild bird) ; Laws, 1900, ch. 73, sec. 5 (web-footed wild fowl).

New York: Laws, 1900, ch. 20, sec. 20 (web-footed wild fowl); sec. 30 (grebes) .

Oregon: Gen. Laws, 1895, p. 97, sec. 27 (gulls).

Pennsylvania: Act of May 17, 1883, sec. 1 (web-footed wild fowl).

Rhode Island: Laws, 1900, ch. 746, sec. 2 (wild birds).

Texas: Rey. Stat., 1895, Penal Code, art. 519, p. 100 (sea gulls, terns, shearwaters,
egrets, herons, and pelicans) .

Utah: Laws, 1899, ch. 26, sec. 22, p. 42 (gulls).

Vermont: Stat., 1894, p. 829, sec. 4614 (wild birds).

Virginia: Code, 1887, p. 520, sec. 2079 (gulls or ‘strikers’ ).

Wisconsin: Acts, 1899, ch. 267, sec. 1 (any aquatic fowl except geese).

BIRDS OF PREY.

In view of the widespread prejudice against birds of prey, it is per-
haps not surprising that comparatively little protection is given them.
Only a few years ago several States endeavored to exterminate hawks
and owls by means of bounties,’ and although most of the bounties
have been withdrawn, protection is still withheld even in States which
have the most comprehensive laws. The list of species exempt from
protection on pages 36-37 indicates how generally hawks and owls are
still held in disfavor.

 

1}ixcept herons, etc. (see p. 66).
” For a brief review of bounty legislation in the United States, see Palmer, Yearbook
Dept. Agr., 1896, pp. 58-59; Yearbook Dept. Agr., 1899, pp. 279-282.
BIRDS OF PREY. 29

A hasty examination of the various State laws will show that the
tide of popular prejudice has, however, begun to turn, and some effort
is now being made to distinguish the useful from the injurious birds
of prey. Nine States and the District of Columbia protect turkey
buzzards, three States forbid the killing of eagles, one protects fish
hawks, while one prohibits the killing of any hawks or owls. In addi-
tion, buzzards, owls, and certain hawks are included by implication in
the list of species protected in Illinois, Minnesota, and New York.

It is somewhat surprising that the value of turkey buzzards is not more
generally recognized. They are specifically protected in Maryland, the
District of Columbia, Virginia, West Virginia, South Carolina, Texas,
Oklahoma, Colorado, and Wyoming, but protection should be accorded
them by all the States in the South and Southwest as well as the Terri-
tories of Arizona and New Mexico. According to Chapman,* ‘‘ their
services as scavengers are invaluable.” The work of these birds at
Charleston, S. C., is well known, and the high estimation in which they
are there held is shown by the fact that a fine of $10 apiece is imposed
for killing them. The penalty in Texas ranges from $5 to $15, but
about one-fourth of the counties in the State are exempt from the oper-
ation of the law. The term ‘turkey buzzard’ includes not only the true
turkey buzzard (Cathartes aura), but also the black vulture or carrion
crow (Catharista urubu), which is found in the South Atlantic and
Gulf States, where the two species often associate together. The laws
of Texas and Virginia are apparently the only ones which distinguish
the two species and mention, the one, the ‘carrion crow’ and, the.
other, the ‘black buzzard’ in addition to the turkey buzzard.

The protection of eagles is probably based on sentimental rather
than economic grounds, and is inspired by a desire to insure against
extermination the bird which has been adopted as the national emblem.
Ohio includes eagles in its list of protected species and Connecticut
protects them by a special law, while New Hampshire has prohibited
the killing of any bald eagles before 1902 under a penalty of $40.

In the protection of hawks and owls nearly all the States are notice-
ably conservative, and few mention these birds in the list of protected
species. [Illinois extends protection to all birds with the exception of
‘chicken hawks’ and a few other species, New York to ‘wild birds’
except hawks and a few others, and Minne&ota to ‘harmless birds’
except hawks, crows, blackbirds, and English sparrows. Rhode Island
extends protection to fish hawks, while Utah is the only State which
goes so far as to protect all hawks and owls.

In reality, so far from being injurious, the great majority of the
birds of prey in the United States are decidedly beneficial. Of the 90

 

1Birds Eastern N. Am., p. 192, 1895.
30 LEGISLATION FOR THE PROTECTION: OF BIRDS.

species which occur north of Mexico, about 17 consist of stragglers or
of subspecies of little importance from an economic standpoint. Ot
the 73 important species and subspecies, only 6 have been shown to
be actually injurious, viz, the sharp-shinned hawk (Acepiter velow),
Cooper’s hawk (Accipiter cooper’), goshawk (Accipiter atricapillus),
duck hawk (Fulco peregrinus anatum), pigeon hawk (Falco columba-
rius), and great horned owl (Bubo virginianus).* On the other hand,
some of the species are decidedly useful as insect destroyers. Two of
the large hawks commonly included under the term ‘chicken hawk’—
Swainson’s hawk (Buteo swainsoni) and the red-shouldered hawk (Buteo
lineatus)—teed largely on insects, and the former bird destroys immense
numbers of grasshoppers when such food is available. In an examina-
tion of 18 stomachs of Swainson’s hawk, 8 were found to contain
insects, and no poultry or birds were found in any; while of 220 stom-
achs of the red-shouldered hawk, 92 contained insects and only 15
poultry or birds. A still more striking example of grasshopper-eating
proclivities is that of the sparrow hawk—one of our most useful birds.
In referring to this species, Dr. Fisher says:

The subject of the food of this hawk is one of great interest, and considered in its
economic bearings, is one that should be carefully studied. The sparrow hawk is
almost exclusively insectivorous, except when insect food is difficult to obtain. In
localities where grasshoppers and crickets are abundant these hawks congregate, often
in moderate-sized flocks, and gorge themselves continuously. Rarely do they touch
any other form of food until, either by the advancing season or other natural causes,
the grasshopper crop is so lessened that their hunger can not be appeased without
undue exertion. Then other kinds of insects and other forms of life contribute to
their fare. Beetles, spiders, mice, shrews, small snakes, lizards, or even birds may
be required to bring up the balance.”

The diet of these species would seem to entitle them to rank as
insectivorous, but it is doubtful whether the State laws protecting
insectivorous birds contemplated including any birds of prey under
that term.

LISTS OF SPECIES PROTECTED IN EACH STATE AND IN THE
CANADIAN PROVINCES.

For convenience in comparison, the lists of birds protected under
various State laws have been brought together in tabular form. But
as these State lists have little uniformity (see pp. 56-84), it has been
necessary to adopt some definite order of sequence, and for this reason
the species have been rearranged in accordance with the Check List
of the American Ornithologists’ Union. Although the enumeration

 

1¥or a full discussion of the food of hawks and owls, based on an examination of
nearly 3,000 stomachs, see A. K. Fisher, ‘Hawks and Owls of the United States’, Bull.
3, Div. Ornith. and Mamm., 1893; ‘Hawks and Owls from the Standpoint of the
Farmer’, Yearbook Dept. Agr., 1894, pp. 215-232.

2 Bull. Hawks and Owls, p. 116.
SPECIES PROTECTED. 381

under different States is yet far from uniform, still this plan has the
advantage of bringing related birds together; certain species, like
birds of prey, woodpeckers, and whippoorwills, if mentioned at all in
the law, will usually be found near the beginning of each of the lists
here given, while certain others, such as thrushes, robins, and blue-
birds, will be found at the end.

Local names have been carefully preserved, so that the same bird
often appears under several designations, as ‘wake-up’ or ‘ yellow
hammer’ for flicker, and ‘chewink,’ ‘joree,’ ‘joewink,’ or * ground
robin’ for towhee. The penalties fixed by law for killing birds or
destroying nests or eggs show nearly as much diversity as the lists of
species. Some States impose the same penalty for both offenses, others
have none for the destruction of eggs, while still others impose heavier
penalties for destruction of eggs than for the killing of birds, and
protect more species. With one or two exceptions, the fines vary
from $1 to $100, but are usually less than $25. In Florida a violation
of the plume-bird law is punishable by a fine not exceeding $300, or
imprisonment not exceeding six months, at the discretion of the court.

List of species* protected in each State and in the Canadian Provinces, with penulties for
killing the birds and destroying nests wut eggs.

 

Penalties.
State or Territory. Species protected. ——————_~—- -
Birds. Eggs.

 

Alabama .........- Tileup, kildee, turtle dove, cuckoo, rain crow,hairy | Not luss| Not less
woodpecker, downy woodpecker, pileated wood- than $10. than $50.
pecker, red-headed woodpecker, red-bellied wood-
pecker, whippoorwill, nighthawk, swift, hum-
mingbird, pheebe bird, pewee, shore lark, cow-
bird, starling or bunting, meadowlark, fieldlark,
oriole, grackle, finch, linnet, sparrow, American
sparrow, hair bird, snowbird, chewink, redbird,
grosbeak, indigo bird, blue finch, joree, tanager,
martin, swallow, shrike, vireo, warbler, yellow-
bird, chat, redstart, mockingbird, catbird, wren,
nuthatch, titmouse, chickadee, gnatcatcher,
thrush, robin, bluebird, or any bird of song.
APIZODA. o:66:5.22.22 405 OVC hisses dase icictera Sega, Sz sii Hearse ies ees Reatee eines daaieitecioge Misde- Misde-
; meanor. meanor.
Arkansas ....-..-.. All wild birds (other than game birds, English spar- $3 to $10 $8 to $10
row, hawks, eagles, owls, and other birds of prey,
crow, blackbirds).
California ...... .| Hummingbird, English skylark, canary, mocking- $20 to $500 $20 to $500
bird, thrush, robin.
BUC CLAN Cisse cc ccmnsrcomes accede, soars eleieispeoeorielareice $50 to $100 $50 to $100
Colorado .......--- Turkey buzzard, whippoorwill, kingbird, raven, $10 to $800
crow, bobolink, red-winged blackbird, lark, oriole,
finch, sparrow, snowbird, song sparrow, martin,
swallow, mockingbird, wren, thrush, robin, other
insectivorous birds. —

 

 

 

* For convenience in reference, the species have been arranged in a uniform order, according to the
Check List of the American Ornithologists’ Union, but the common names have been strictly followed
in all cases.
32

LEGISLATION FOR THE PROTECTION

OF BIRDS.

List of species protected in each State and in the Canadian Provinces, etc.—Continued.

 

State or Territory.

Species protected.

Penalties.

Birds.

Eggs.

 

Connecticut. ......

Delaware.........-

District of Colum-
ia.

Florida............
Georgia.........-..

Tllinois ............

Massachusetts .....

Woodpecker, whippoorwill, nighthawk, chimney
swift, hummingbird, flycatcher, phcebe, bobo-
link, Baltimore oriole, purple finch, sparrow, rose-
breasted grosbeak, indigo bird, scarlet tanager,
martin, swallow, cedar bird, vireo, warbler, yel-
lowbird, catbird, wren, creeper, nuthatch, tit-
mouse, chickadee, kinglet, thrush, robin, blue-
bird, other song or insectivorous birds.

Woodpecker, sapsucker, flicker, wakeup, whippoor-
will, nighthawk, hummingbird, skylark, oriole,
ground robin, redbird, martin, swallow, yellow-
bird, mockingbird, catbird, wren, thrush, robin,
bluebird.

Turkey buzzard, woodpecker, sapsucker, whippoor-
will, hummingbird, pewit, blue jay, oriole, hang-
ing bird, crow blackbird, goldfinch, cardinal,
martin, swallow, mockingbird, catbird, wren,
wood robin, robin, bluebird, and other insectivo-
rous birds.

Ibis, heron, egret, crane, curlew

Insectivorous or singing birds......-...-.-.--......-

| Wild birds (other than game birds, English sparrow,
| ehicken hawks, crows, or crow blackbirds) .

| Wild birds (other than game birds, English sparrow,
hawks, and other birds of prey, or crows).

Sandpiper, turtle dove, whippoorwill, nighthawk,

:  bobolink, lark, blackbird, finch, linnet, snowbird,
martin, swallow, catbird, wren, thrush, robin, blue-
bird, and other harmless birds.

Turtle dove, yellow-hammer, blue jay,oriole,meadow-
Jark, redbird, mockingbird, thrush, robin, bluebird.

Woodpecker, flicker, meadowlark, oriole, redbird,
finch, tanager, martin, swallow, catbird, thrush,
bluebird, and other song or insectivorous birds.

Whippoorwill, nighthawk, oriole, blackbird, finch,
sparrow, swallow, mockingbird, bluebird, and
any song bird.

Woodpecker, oriole, lark, sparrow, swallow, robin,
and other insectivorous birds.

Herring gull, mackerel or other gull, turkey buz-
zard, sapsucker, whippoorwill, hummingbird,
pewit, blue jay, lark, oriole, goldfinch, sparrow,
joewink, redbird, indigo bird, martin, swallow,
cedar bird, yellow-breasted chat, mockingbird,
catbird, wren, thrush, wood robin, red-breasted
robin, bluebird.

Wild birds (other than game birds, English sparrow,
certain fresh-water and sea fowl, birds of prey,

 

crows, jays, and crow blackbirds).

 

$25 to $50
$1

$1

+ $300
Misde-
meanor,
$5
$10 to $50

$1 to $25

$5 to $100

$5 to $25

$5 to $25

$1 to $10

$1 to $5

$1 to $5

$10

* $1

$920
Misde-
meanor.

$5

$10 to $50

$1 to $25

$10

 

* Or destroy the eggs or nest of any of the aforesaid birds, or any other birds except hawks, owls,

crows, and English

+Not more than amount stated.

sparrows.”

} Eggs or young of sea or plume birds,
SPECIES PROTECTED.

33

List of species protected in each State and in the Canadian Provinces, etr.—Continued.

 

State or Territory.

Species protected,

Penalties.

 

Birds.

 

Michigan..........

Minnesota .........

Mississippi

New Hampshire...

New Jersey......--

New York

North Carolina....
North Dakota

Oklahoma .......--

 

Sea gull, woodpecker, whippoorwill, nighthawk,
bobolink, lark, oriole, finch, martin, swallow, yel-
lowbird, catbird, brown thrasher, wren, thrush,
robin, bluebird, or any song or insectivorous bird.

Mourning OVC iiisois cisco ss saan ce ccinmen ste cents

Whippoorwill, nighthawk, bobolink, lark, finch,
linnet, martin, swallow, catbird, wren, thrush,
robin, bluebird, and any other harmless bird.

Turtle dove, starling or fieldlark (March 1 to Septem-
ber 15).

Mockingbird, catbird, thrush, or nest of any wild
bird (except English sparrow, hawks, owls, and
other birds of prey, blue jay, crow, and blackbirds).

Wild song birds or insectivorous birds

Stork, woodpecker, meadowlark, oriole, goldfinch,
snowbird, cedar bird, mockingbird, thrush, blue-
bird, and ‘ other of the small birds known as sing-
ing birds.’

Turtle dove, cuckoo, woodpecker, yellow-hammer,
kingbird, jay, bobolink, lark, oriole, sparrow, swal-
low, yellowbird, wren, thrush, robin, bluebird,
and other insectivorous or song birds.

Hummingbird, blue jay, meadowlark, sparrow,
martin, mockingbird, catbird, wren, thrush, red
breast, robin, bluebird, and any song birds.

BAN AGCA BIS sia aserarosicisiddcicingdeslniernd dadeclaeieeeisssiaasciiedie

Woodpecker, hummingbird, flycatcher, bobolink,
lark, oriole, finch, sparrow, bunting, tanager, mar-
tin, swallow, vireo, warbler, creeper, nuthatch,
thrush, robin, bluebird, and other song or insectiv-
orous birds.

Woodpecker, whippoorwill, nighthawk, meadow-
lark, oriole, finch, cardinal, cedar bird, tanager,
martin, barn swallow, thrush, robin, and other in-
sectivorous birds.

Wild birds (other than certain specified game birds,
English sparrow, crane, hawk, kingfisher, raven,
crow, common blackbird, and crow blackbird).

Dove, lark, mockingbird, robin ................-.----

Any song bird or insect-eating bird (except certain
specified game birds).

Mouse hawk, eagle, woodpecker, flicker, whippoor-
will, hummingbird, flycatcher, pewee or phcebe
bird, blue jay, starling, bobolink, redwing, oriole,
goldfinch, sparrow, snowbird, chewink, ground
robin, redbird, grosbeak, bunting, tanager, purple
martin, waxwing, vireo, warbler, redstart, catbird,
brown thrasher, wren, creeper, nuthatch, titmouse,
chickadee, gnatcatcher, and robin.

Turkey buzzard, martin, swallow, wren, robin, and
insectivorous birds.

+ Twelve counties excepted from section relating to eggs.
+ Nests of certain birds only.

t Also an additional penalty of $25 for each bird or part thereof (see p. 74).
§ Not exceeding.

22186—No, 12——3

 

$10 to $125

$5 to $100
$10 to $25

$5 to $25

$1 to $10

$10 to #50

#5 to 4100

$3 to $10

$25 to $200

#40

$20

7.460

§ $10

§ $10

$25 to $100

$25 to $100

 

$10 to $100

*$1 to $25

* $1 to $25

$10 to $50
$5 to $25

£25 to $200

$20

$60

#25 to $100
34

LEGISLATION FOR THE PROTECTION OF BIRDS.

List of species protected in each State and in the Canadian Provinces, etc.—Continued.

 

State or Territory.

Species protected.

 

Oregon

Pennsylvania

Rhode Island sbemia

South Carolina ....

South Dakota......

Tennessee t.-..-..-

Vermont

Virginia...........

Washington .......

* Not exceeding.

 

Horned lark, meadowlark, oriole, California linnet,
American goldfinch, pine linnet, lark finch, snow-
bird, song sparrow, grosbeak, lazuli finch, tanager,
swallow, vireo, warbler, yellow-breasted chat,
house wren, winter wren, kinglet, wood thrush,
hermit thrush, robin, variegated thrush, bluebird.

Sea gull, meadowlark, mockingbird, Oregon robin
(and 12 introduced European birds).

Least bittern, tiltup, killdeer, cuckoo, hairy wood-
pecker, downy woodpecker, pileated woodpecker,
red-headed woodpecker, red-bellied woodpecker,
whippoorwill, nighthawk, swift, hummingbird,
pheebe bird, pewee, shore lark, starling, cow-
bird, meadowlark, oriole, grackle, finch, linnet,
sparrow, hair bird, snowbird, chewink, grosbeak,
blue finch, indigo bird, bunting, tanager, martin,
swallow, shrike, vireo, warbler, yellowbird, chat,
redstart, catbird, wren, nuthatch, titmouse,
chickadee, gnatcatcher, thrush, robin, bluebird,
or any bird of song.

Wild birds (other than game birds, English sparrow,
hawks—except fish hawk—owls, crows, and crow
blackbirds). y

Turkey buzzard, woodpecker, whippoorwill, hum-
mingbird, flycatcher, lark, oriole, finch, warbler,
thrasher, nuthatch, bluebird, and other insectiv-
orous and harmless land birds which are unfit for
food. :

Woodpecker, beebird, redbird, nonpareil, swallow,
mockingbird, wren, thrush.

Any song bird or insect-eating bird, except crow,
blackbirds, and sparrows.

Woodpecker, oriole, sparrow, redbird, mocking-
bird, catbird, thrush, robin, bluebird, and other
song or insectivorous birds.

Sea gull, tern, shearwater, pelican, heron, egret......

Buzzard or carrion crow, whippoorwill, nighthawk,
scissortail, bobolink, linnet, finch, sparrow, red-
bird, nonpareil, martin, swallow, mockingbird,
catbird, wren, thrush, bluebird.

Gull, hawk, owl, whippoorwill, lark, snowbird,
swallow, thrush, robin, and other insectivorous or
song birds,

Wild birds, (other than 10 specified game birds, and
certain species considered injurious).

Gull or striker, turkey buzzard or black buzzard,
starling, cardinal, house martin, mockingbird,
brown thrush, wood robin, bluebird.

Skylark, meadowlark, goldfinch, wild canary bird,
bullfinch, greenfinch, black starling, grosbeak,
mockingbird, nightingale, black thrush, gray
singing thrush, English robin, red-breasted robin,
or other song bird,

+ County legislation only.

 

 

Penalties.
Birds. Eggs.
$5 to #100 $5 to $100
$25 to $200 $25 to $200
$10 $50
$20 $20
$10 $10
» $5 $10
* $10 *$10
$2. 50 to $5.00 | $2.50 to $5 00
$ to $25 $5 to $25
$5 to S15 Joe sccecccees
ps10 T$10
$5 $5
$10 § 310
$10 to $100 $10 to $100
t Not less than,

§ Nests only, except in the case of gulls, whose eggs are protected after July 20,
SPECIES EXEMPTED FROM PROTECTION. : 35

List of species protected in each State and in the Canadian Provinces, ete. —Continued.

 

. Penalties.
State or Territory. Species protected.

 

Birds. Eggs.

 

West Virginia ..... Dove, turkey buzzard, cuckou, woodpecker, yellow- $2 to $25 $2 10 $25
hammer or flicker, whippoorwill, hummingbird,
phoebe bird or pewee, blue jay, redwing, oriole,
blackbird, purple grackle, family Fringillide or
sparrows, finch, crossbill, chewink, redbird or car-
dinal grosbeak, indigo bird, martin, swallow, war-
bler, redstart, mockingbird, catbird, wren, nut-
hatch, titmouse, tit or tomtit, dummock, night-
ingale, thrush, robin, Hungarian robin, bluebird,
and other birds not predatory or destructive to
crops.

Wisconsin. .....220+ Turtle dove, whippoorwill, nighthawk, lark, finch, * $50 e PSD
thrush, robin, bluebird, and other harmless birds.
Wyoming ....----- Turkey buzzard, whippoorwill, lark, finch, snow- $10 to $50 |.....---------
pird, thrush, robin, or other insectivorous birds.
British Columbia..| Gull, bittern, skylark, meadowlark, linnet, chaffinch, (ft) ()
English blackbird, thrush, robin, and birds living
on noxious insects.

Manitoba.........- Any birds (except game birds and certain species #1 to $20 » L Lo §20
considered injurious) . ;
New Brunswick ..-| Sea gull, small birds which frequent the fields and $5 $5
woods (except English sparrow, crow, and black-
bird).

Newfoundland ....| Wild or migratory birds (January 12 to August 20)..} $25 to $200 |...........---
Nova Scotia ...----] Sparrow, swallow, robin, other small birds, and birds $1 #1
of song which frequent fields and gardens.
Ontario..........-- Wild native birds (other than game birds, English $1 to $20 $1 to #20
sparrow, hawks, crow, and blackbirds).
Quebec ..........-- Cuckoo, woodpecker, whippoorwill, hummingbird, $2 to $5 $2 to $5
birds known as perchers, kingbird, flycatcher,
bobolink, cowbird, grackle, finches (song sparrow,
redbird, indigo bird, etc.), goldfinch, grosbeak,
swallow, warbler, titmouse, kinglet, grive (robin,
wood thrush, etc.).

 

 

 

 

 

* Not exceeding.
+ Eggs or nest of any water fowl or other birds, except crows and English sparrows.
{ Penalties fixed by lieutenant-governor in council.

SPECIES SPECIFICALLY EXEMPTED FROM PROTECTION.

Twenty-seven States, the District of Columbia, and four Canadian
Provinces exempt from protection certain species which are commonly
considered injurious. These species include (1) the English sparrow;
(2) birds which destroy poultry and game, as certain hawks and owls;
(3) birds which destroy grain, as blackbirds, crows, and ricebirds; (4)
birds which destroy fish, as loons, fish-eating ducks, herons, and king-
fishers. Of these thirty-two’ States and Provinces, twenty-eight
specifically mention the English sparrow, and South Dakota and Que-
bec virtually include it with other sparrows, thus leaving only two

 

1 Including the District of Columbia.
36 LEGISLATION FOR THE PROTECTION OF BIRDS.

(Nevada and South Carolina) which do not include it in the list of
injurious species.

At least nineteen States and Provinces, including those which have
the most comprehensive protective laws, except birds of prey. Some
withdraw protection from all birds of prey, others only from hawks,
still others from ‘chicken hawks,’ or hawks and owls ‘destructive to
poultry,’ while a few, like Alabama and Pennsylvania, specify particu-
lar species, as Cooper’s hawk and the sharp-shinned hawk.

Twenty-two States and Provinces exempt birds destructive to grain,
particularly the crow, crow blackbird, and ricebird; and eight (mainly
in New England and the Middle States) birds considered destructive to
fish. Among fish-eating birds, loons are excepted in Maine,’ Vermont,
and Manitoba, certain water fowl in Massachusetts, herons in Maine‘
and Vermont, the green heron and night heron in Alabama and Penn-
sylvania, bitterns in Vermont and Manitoba, and kingfishers in Alabama,
New Jersey, New York, Pennsylvania, Manitoba, and Quebec.

The species exempted by each State are shown in the following list:

List of birds specifically exempted from protection.

 

 

 

State. Species.

Alabama ........-.-.-- English sparrow, green heron, night heron, sharp-shinned hawk, Cooper’s
hawk, duck hawk, pigeon hawk, barred owl, great horned owl, kingfisher.

Arkansas .........----- English sparrow, hawks, eagles, owls, and other birds of prey, crow, black-
birds.

Connecticut ..........- English sparrow.

Delaware ..........-.. English sparrow, hawks, owls, crows.

District of Columbia ..| English sparrow.

Georgia .......-------- English sparrow, night hawks, crows, ricebirds, larks, wheat birds.

THT OI8 10.45.38 osizsiescseine English sparrow, chicken hawk, crow, crow blackbird.

Indiana ...-... .| English sparrow, hawks, and other birds of prey, crow.

Iowa ......-.- .| English sparrow, blue jay.

Maine .....-.. -| English sparrow, hawks, crow, and the young of loons, herons, and owls.

Maryland .... .| English sparrow, hawks, and other birds destructive to poultry, crow, black-
birds.

Massachusetts ......... English sparrow, birds of prey, jays, crow, crow blackbird, certain fresh-water
and sea fowl.

Michigan.........-.... English sparrow, blue jay, blackbirds, butcher bird.

Minnesota...-.......-- English sparrow, hawks, crow, blackbirds.

Mississippi *

English sparrow, hawks, owls and other birds of prey, blue jay, crow, black-
birds.

NGVEGA 2 asscacecesisaigie Linnet (house finch).

New Hampshire. ...... English sparrow.

New Jersey.....-.--.-- English sparrow, cranes, hawks, kingfisher, raven, crow, red-winged black-
bird, crow blackbirds. :

New York .............- English sparrow, cranes, hawks, kingfisher, raven, crow, common blackbird,
crow blackbirds.

ODIO se erecxiecic ciegscete English sparrow.

Pennsylvania ......... English sparrow, green heron, night heron, sharp-shinned hawk, Cooper’s

 

hawk, duck hawk, pigeon hawk, barred owl, great-horned ow], kingfisher.

*Applies only to nests; not to the birds themselves.

 

1 Young only.
PERMITS FOR COLLECTING FOR SCIENTIFIC PURPOSES. a7

List of birds specifically exempted frum protection—Continued.

.

 

 

State. Species.

Rhode Island.......... English sparrow, birds of prey (except the fish hawk), crow, crow blackbirds.

South Carolina........ Hawks, eagles, owls, crow, crow blackbirds, jackdaw (boat-tailed grackle).

South Dakota.......... Crow, sparrows, blackbirds.

MW tal sessceicicia inengie- cies English ‘sparrow.

Vermont ........-.---- English sparrow, mergansers, loons, bitterns, blue heron, birds of prey, jays,
crow, crow blackbird.

West Virginia ......... English sparrow. .

Wisconsin ...........-. English sparrow, crow, blackbirds.

Manitoba........-..... English sparrow, loons, gulls, cormorants, pelicans, mergansers, bitterns,

: cranes, curlews, wild pigeon, falcons, eagles, hawks, owls, kingfisher, jays,

ravens, crow, blackbirds, rusty grackle, purple grackle, shrikes.

New Bruaswick ....... English sparrow, crow, blackbirds.

Ontariodccoscscsccaces English sparrow, hawks, crow, blackbirds.

QUEKEG:: cco ssscccceens Wild pigeon, falcons, eagles, hawks, owls, kingfisher, magpie, jays, raven,
crow, starlings, sparrows, waxwings (recollets), shrikes.

 

 

PERMITS FOR COLLECTING BIRDS AND EGGS FOR SCIENTIFIC
PURPOSES.

The rights of ornithologists and bird students should be recognized
as well as those of sportsmen. Collecting birds and eggs for scientific
purposes under proper restrictions is not only legitimate, but should
be encouraged, and failure to recognize and provide for the needs of
students retards the progress of natural-history work.

Provisions for collecting specimens have been made by a majority of
the States, and should be adopted by all. Twenty-five States, the
District of Columbia, and six Canadian Provinces either make an excep-
tion in the case of birds collected for scientific purposes or furnish
students with permits authorizing the holder to collect under certain
conditions for a definite length of time. North Dakota makes it
unlawful for anyone, whether resident or nonresident, to kill birds
without first obtaining a hunting permit.

These certificates, or permits, are generally issued by some State off-
cer, such as the fish and game commissioner or game warden, on satis-
factory evidence that the applicant is a fit person to receive them, the
evidence being usually required in the form of testimonials from two
well-known scientific men. A minimum age limit is insisted on by cer-
tain States: In Massachusetts holders of certificates must be 21, in
Maryland, New Jersey, and New York at least 18, while in Illinois,
Pennsylvania, and Rhode Island the recommendation of the American
Ornithologists’ Union is followed, and permits are issued to appli-
cants of 15 years or over. A bond of $100 or $200, signed by two
responsible residents of the State or county, is required in Alabama,
Colorado, Connecticut, Illinois, Indiana, Minnesota, New Jersey, New
York. Ohio. and Pennsylvania, and a sinall fee varying from $1 to $5
38 LEGISLATION FOR THE PROTECTION OF BIRDS.

is charged to cover the cost of issuing certificates. Restrictions limnit-
ing the time, number of permits issued, and disposition of specimens
are also imposed by several States. Certificates are issued for periods
varying from two years to a few months—in Indiana and Ohio for two
years, in Alabama, Connecticut, Minnesota, New Jersey, New York,
and Pennsylvania for one year, in Colorado for three months, and in
Illinois until the first of June following date of issue. Maine limits
the number of permits in force at one time to ten and Vermont to five.
Colorado, Maine, Minnesota, and Wisconsin issue certificates only on
condition that the specimens collected shall be exchanged, and not sold
or disposed of by gift.

While such permits should be guarded by all necessary restrictions
to prevent abuse, still the formality of obtaining them should be as
simple as possible and the fees should be within the reach of all deserv-
ing students. High fees and large bonds are objectionable for the
reason that some persons who are otherwise entirely qualified are
unable to comply with these conditions. A nominal fee of $1 should be
sufficient to deter many who simply desire a license to shoot and who
might apply for the permit if it were to be had for the asking, while
the requirement of testimonials from two responsible scientific men
will insure the carrying out of the intent of the law. It may well be
questioned whether the limitations as to number insisted on by Maine
and Vermont are wise, for it might easily happen in a large State that
the number of students who desired to collect would greatly exceed
the permit limit set by law, while the depletion in the ranks of the
birds by such collecting is comparatively trifling. The Committee on
Protection of Birds of the American Ornithologists’ Union especially
recommends that the age limit should not be placed higher than 15
‘years, as this would prevent young students from collecting at a time
when they"most need encouragement.

The chief requirements of the various States regarding certificates
are shown in the following table:

Regulations and permits for collecting birds, nests, and eggs for scientific purposes.

 

 

 

 

State. Permits issued by— | Testimonials from— | Fee. |Bond. Remarks.
Alabama ..-..-. Propatel jw Be Of lias sssuscccinesews sce $5 | $100 | In force 1 year; appli-
county. cant must be 15 or over,
Calflora? 12.23) soc csce tease necsawts deal lecaeaacakmscanded Hones llesesedliecete
Colorado .....- Forest, game, and fish | Two well-known citi- 5] 100] In force 3 months; ap-
commissioner. zens, plicant must be mem-
ber of, or accredited by,
Natural History Soci-
ety, specimens can only
be exchanged.
Connecticut ...| President board com- | Officer Hartford Sci- 1| 200 | In force 1 year.
missioners of fish- entific Society.
eries and game.

 

 

 

 

 

* Law not applicable to specimens collected for educational purposes.
PERMITS FOR COLLECTING FOR SCIENTIFIC PURPOSES.

.

39

Regulations and permits for collecting birds, nests, ana eggs for scientific purposes—Con.

 

 

State. Permits issued by— | Testimonials from— | Fee. /Bond. Remarks.
4 Soe 1

District of Co- | Superintendent (OE asainc tate x coatenc tle aasecl ¢aretavetsosl| svete stesai|lestenste Under restrictions pre-
lumbia. police. scribed by Secretary of
Smithsonian — Institu-

c tion.
Tllinois ........ County clerk -........ Two well-known sci- $1 | $200 | In foree until June 1 fol-
entific men. lowing date of issue;
applicant must be 15 or

over,

Indiana -...... Executive board In- | Two well-known sci- 1] 200 | In force 2 years.
diana Academy of entific men.

Science.

Kansas * 2206-5 [see deseecee ccckeseeaiia babies eckeeete re eee! ters ee] seende

Maine ......... Commissioners inland |............---.--++-++- Bi | essseceinee Licenses limited to 10 at
fisheries and game. one time; specimens

can only be exchanged;
no Sunday collecting.

Maryland ..... State game warden...]....-........2.-2---2---/-----0/--- 22+ Permit issued upon filing
application and affi-

: davit; applicant must
| be 18 or over.

Massachusetts .| Game commissioners, |...........20..22eeeeeee[eeeeeefeeeeee | Applicant must be of age.
or president Boston
Society of Natural
History.

Michigan ...... State game and fish |....-...-..-.-.2-..---2. [2.2222]... 0
warden.

Minnesota ..... Board game and fish | Two well-known sci- 2! 100 |} Applicant must be mem-
commissioners. entific men. ber of, or accredited by,

scientific society; speci-
mens can only be ex-
changed; in forcel year.

MONG} s¢ 2 22llis dscccncsce a iaseasncces| 5 -Reerenbaeyedessemaees ieaete | peeies

NOV ad at tie alles ttecnrewecca mists aeiigiiw's [caieewiee s-seidvie craniceamtincelsemue lleaese

New: Haim pe lycememnecasmisseedinidedinrn |sitdee aitaiaae dso ainererssessiecicie [iciecieel leis wes

shire. ¢

New Jersey....| Board fish and game | Two scientific men ... 1] 200 | Inforce1 year; applicant

commissioners. must be 18 or over;
bondsmen must be
property holders of the
State.

New York ..... Any incorporated so- | Two well-known sci- 1] 200] In force 1 year; appli-
ciety of natural his- entific men. cant must be 18 or over.
tory in the State or
regents University
of New York.

North Dakota .| County auditor. ......|....0.0--seeeeee eee eens 75 cts.|...--- In force until Dee. 31
following date of issue;
nonresident fee, $25.

Ohio..........- President fish and | Two well-known sci- 1] 100 | In force 2 years.
game commission. entific men or

teachers of science.
Pennsylvania .| Board game commis- | Two well-known sci- 5 | 100 | Inforcelyear; applicant

 

sioners.

 

entific men.

 

* Law not applicable to specimens collected for scientific purposes.
+ Law not applicable to specimens collected under direction of any State éducational institution.
{ Law not applicable to specimens collected for an educational institution under direction of the

curator.

 

 

must be 16 or over.
40 LEGISLATION FOR THE PROTECTION OF BIRDS.

«

Regulations and permits for collecting birds, nests, and eggs for scientific purposes—Con.

 

 

 

State. Permits issued by— | Testimonials from— | Fee. |Bond. Remarks.
Rhode Island..} (1) Curator Museum ]....... Wis seistainistonetsaamisal imcead acess Applicant must be 15 or
Zoology, Brown over.
University; (2)
president Rhode
Island College of
Agriculture; (3)
any incorporated
society of natural
history; or, (4) any
collegein the State.
South Caro- |... cece cece cece ele ee meee enn ee eee cer encnclacscnalancwes
lina.*
TEXAS sic ooo cits cae acisericmeeactyse
Vermont ....-. Fish and game com- |... Permits limited to 5 in
missioners. force at one time.
Wisconsin ..... Fish and game war- | Well-known sci- |......]....-- Applicant must be mem-
den. entists. ber of, or accredited by,
Society of Natural His-
tory or educational in-
stitution;specimenscan
only be exchanged.
British Colum: |svseevevcewsecesecexeeds|caecaeasesenacceceas cog] ted esie|eaesee
bia.t
Manitoba...... Minister of Agricul- |..-...........-.2-------[--2---[eeeee-
ture.
New _ Bruns- | Surveyor-General ....|..----- 2.22220 2eeee eee ee[e eee ee | eeeeee
wick.
Nova Scotia ...) Provincial Secretary.|..-..-.------- Le deataciesineyaaleesee
Ontario........ Chief game warden s4)ee% ossscesccseceocecescuslacoses|eovses In force to end of cal-
endar year in which
issued.
Quebec .......- Commissioner lands, |...-....- Sie si darceSeioiara incisal wiaaieicie henpetelats Nonresident fee $5 to $25.
forests, and fisher-
ies.

 

 

 

 

 

 

* Law not applicable to specimens collected for scientific purposes.
+ Law not applicable to specimens of plume birds collected for scientific purposes.
} Law not applicable to specimens collected by curator, assistants, or agents of Provincial Museum.

LICENSES AND OTHER REGULATIONS REGARDING SHOOTING.

General regulations regarding shooting belong more properly to a
treatise on game laws, but since in some States they are made to. cover
all birds, they may be considered very briefly in this connection.
Their primary object, of course, is game preservation whether by
restricting hunting, limiting the number of birds which may be killed
in a day or a season or the purposes for which they may be killed, or
establishing special close seasons. The system of gun licenses which
is strongly advocated by the League of American Sportsmen, and
which has been adopted recently in Wyoming for big game, does not
seem to have been applied thus far to birds in general. Hunting
REGULATIONS REGARDING SHOOTING. 41

licenses, however, are required in North Dakota, where it is unlawful
to kill any birds without a permit. A sharp distinction is drawn
between residents and nonresidents of the State, for residents may
obtain a license for 75 cents, whereas nonresidents must pay $25. In
Virginia, nonresidents are prohibited from killing wild fowl below the
head of tide water except in Accomac and Northampton counties; and
in Missouri they are prohibited from killing certain specified game.
Nonresident licenses are required in some of the counties of Maryland,
and also in Arkansas, Delaware, Florida, Ilinois, South Carolina, South
Dakota, West Virginia, and Wisconsin, as well as in British Columbia,
Manitoba, Nova Scotia, Ontario, Quebec, and the Northwest Territories.
In some States they apply only to game birds; in others they cover all
species. The fee ordinarily varies from $10 to $25, but amounts to $50
in British Columbia. Full information on this point, as well as on the
manner of obtaining permits, may be found in the various State laws
or in ‘Game Laws in Brief’ (New York, 1900).

Restrictions regarding bags, or the number of birds which may be
killed within a specified time, are becoming rather common; and a few
States forbid absolutely the killing of certain birds for sale. Non-
export clauses, prohibiting the shipment into other States of birds
and game protected by local acts, have been incorporated into the game
laws of a number of States during recent years, and have been upheld
by the Supreme Court of the United States.‘ Thus, Delaware imposes
a fine of $5 for each robin, partridge, quail, or woodcock exported;
Massachusetts, a fine of $10, and Rhode Island, a fine of $20 for each
ruffed grouse, quail, or woodcock shipped out of the State. Kansas,
Michigan, Minnesota, Nebraska, New Jersey, Pennsylvania, and Utah
also forbid export of game and certain birds.

Regulations as to the manner or time of hunting—as, for example,
prohibiting the. use of swivel guns or shooting between sunset and
sunrise—are confined almost entirely to game birds; but laws governing
shooting on Sunday apply equally to birds of all kinds. Nine States,
the District of Columbia, and several Canadian Provinces, viz, Alabama,
Delaware, Maine, Massachusetts, New Jersey, New York, North Caro-
lina, Ohio, Pennsylvania, District of Columbia, New Brunswick,
Ontario, and Newfoundland, prohibit shooting on Sunday, thus making
that day in effect a special close season.”

 

1Geer v. State of Connecticut, 161 U. 8., 519.

2 References to Sunday laws are as follows: Alabama, Gen. Laws, 1898-99, p, 77,
sec. 1; Delaware, Rev. Stat., 1893, Ch. LV, sec. 7, p. 457; District of Columbia, 30
Stat. L., p. 1012; Maine, Laws of 1899, ch. 42, sec. 22, p. 42; Massachusetts, Acts of
1899, ch. 116, p. 57; New Jersey, Laws of 1895, Ch. CCLV, sec. 15, p. 478; New York,
Penal Code, sec. 1109; North Carolina, Code of 1883, sec. 2837, p. 236; Ohio, Rev.
Stat., 1897, sec. 6961,-p. 3198; Pennsylvania, Laws of 1897, No. 103, sec. 1, p. 123; New
Binnswidks Laws of 1899, Ch. VIII, sec. 4; Satan, Laws of 1896, ch. 193, sec. 24;
Newfoundland, Act of 1899, sec. 10.
42 LEGISLATION FOR THE PROTECTION OF BIRDS

BIRDS IN CAPTIVITY.

State laws generally prohibit the trapping, netting, or snaring of
birds, for it is well known that a rapid decrease in numbers, amounting
almost to extermination in the case of certain species, would speedily
follow the wholesale capture which is possible under these methods.
Such restrictions, aimed mainly at market hunters, are intended pri-
marily to insure the preservation of game birds, but they are often
needed to protect. some of the smaller song or insectivorous species.
In the vicinity of some of the larger’ cities a regular business is carried
on in trapping certain native birds which are in demand for pets or
cage birds. Mockingbirds, brown thrushes, bobolinks, cardinals, black-
headed grosbeaks, indigo birds, nonpareils, housefinches, goldfinches,
and others are captured in ieee numbers for sale.

Ordinarily no objection is made to keeping caged birds as pets,
although there may be considerable difference of opinion on the ques-
tion as regards native birds.!| But when large numbers are systematic-
cally trapped in any locality to supply the trade the practice is very
properly condemned, and steps are usually taken to restrict the
operations of the bird trappers.

Some State laws are so worded as to prevent the capture of song
birds for purposes of domestication or propagation, and in a few in-
stances the matter has been deemed of sufficient importance to warrant
making exceptions in favor of owners of captive birds. At least ten
States and the Provinces of British Columbia and Ontario have legislated
on this point, as follows:

Alabama: ‘Nothing herein shall be construed to prevent the keeping of song
birds in cages as domestic pets.”’ (Gen. Laws, 1898-99, p. 77, sec. 2.)

California: ‘‘ Every person who, in the State of California, shall at any time hunt,
* * * take, * * ¥* buy, sell, give away, or have in his possession, except
for the purpose of propagation, or for educational or scientific purposes, any Eng-
lish skylark, robin, canary, humming bird, thrush, or mockingbird * * *
is guilty of a misdemeanor,”’ provided, however, that the right of possession for
the purpose of propagation shall first be obtained by a permit in writing from

the board of fish commissioners of the State of California. (Penal Code, 1897,
p. 216, sec. 626.)

Iowa: ‘‘ Nothing herein shall be construed toprevent * * * the keeping of song
birds in cages as domestic pets.’? (Annotated Code, 1897, sec. 2561, p. 888.)
Louisiana: ‘‘That no person shall entrap, net, kill, or pursue with such intent, or

have the same in possession at any time during the year, any song bird, espe-

cially the mockingbird, except domesticated birds, except the birds be entrapped

- or netted for the purpose of domestication.’’ (Rev. Laws, 1897, p. 247, sec. 6.)

Maryland: ‘‘ Provided, that it shall be lawful to have mockingbirds or redbirds or
other song birds in cages.’’ (Laws of 1898, ch. 206, sec. 15H.)

 

1¥or arguments pro and con on ‘the question of the ethics of caging birds,’ see
Bird Lore, I, pp. 158-162, October, 1899.
ENFORCEMENT OF PROTECTIVE LAWS. 43

Michigan: ‘Nothing in this act shall prevent the taking or catching alive of birds,
game or fish for domestication, propagation, or breeding purposes.’’ (Public
Acts, 1893, No. 196, sec. 5.)

Minnesota: ‘But nothing herein contained shall be construed to prevent the
keeping of song birds as domestic pets.’’? (Gen. Laws, 1897, ch. 221, sec. 10.)

New Jersey: ‘That nothing in this act shall be construed to prevent associations or
individuals from domesticating or bringing into this State any animals or birds
for the purpose of propagating the same, or keeping the same until a reasonable
opportunity offers for their release.’’ (Gen. Public Laws, 1895, Ch. CCLV, sec.
16.)

Pennsylvania: ‘‘ But nothing herein shall be construed to prevent the keeping of
song birds in cages as domestic pets.” (Laws of 1897, no. 103, sec. 2, p. 124.)

South Carolina: ‘Provided, that nothing herein contained shall prohibit any
person from taking and keeping any bird of song or plumage for his own pleas-
ure or amusement, and not for sale, traffic, or gain.”’ (Rev. Stat., 1893, Vol. Il,
p. 405, sec. 427.)

British Columbia: ‘‘Provided, however, it shall be lawful for the Provincial Secre-
tary, on such conditions as he shall think fit, by writing under his hand, to at
any time authorise any person to trap or have in his possession any birds, or take
eges, for breeding or acclimatization purposes.’’ (Stat., 1898, ch. 24, sec. 7.)

Ontario: ‘Nothing in this act contained shall be held * * * to apply to any
imported cage birds or other domesticated bird or birds generally known as cage
pirds.”? (Rev. Stat., 1697, ch. 289, sec. 1.)

ENFORCEMENT OF PROTECTIVE LAWS.

To the efforts of private individuals or organizations interested in
game protection are primarily due not only the existence, but what is
more important, the enforcement of most of the laws now on the statute
books. Probably no branch of criminal law depends so much for its
enforcement on the interest and public spirit of the individual as that
relating to the protection of game and birds. Experience has shown that
under ordinary circumstances such measures are apt to become dead let-
ters unless the regular officials charged with enforcing the laws happen
to be personally interested in game protection. For this reason special
officers, known as game wardens or deputy wardens, are usually
employed; and it is customary in many States, in case of conviction,
to pay part of the fine to the person instrumental in causing the arrest,
as an inducement to bring violators of the game laws to justice.

In the United States regulations for the protection of birds are
enforced by several different agencies, both State and private, which
may be conveniently arranged in four groups: (1) State fish and game
commissions or wardens, supported in twenty-nine States; (2) national
organizations, such as the League of American Sportsmen, which has
branches in twenty-two States, and the American Ornithologists’ Union,
which has a special committee on protection; (8) fish and game protective
associations—voluntary organizations of enthusiastic and public-
spirited sportsmen, which have been formed in many States and which
are represented by State associations in at least seventeen; and, (4)
44 LEGISLATION FOR THE PROTECTION OF BIRDS.

Audubon societies, now represented in twenty-three States.'| While
these different organizations naturally overlap one another in their
fields of labor, they work harmoniously for the common cause. The
fish and game associations are naturally most active in protecting game
birds within their respective States, while the Audubon societies are
interested more especially in the protection of birds that are not game.
The activities of the latter societies are not necessarily limited by State
lines. Efforts are constantly made to extend the work in new fields, and
recently the Pennsylvania Audubon Society has done effective work for
the protection of insectivorous birds in Delaware. The labors of both
game associations and Audubon societies are supplemented by those of
the League of American Sportsmen and the committee of the American
Ornithologists’ Union. The League has a membership of over 2,700,
and one of its main objects is the enforcement of game laws; it not only
prosecutes violations of State laws, but offers rewards to wardens in any
State who secure convictions. The American Ornithologists’ Union
committee now has a special fund at its disposal which will be devoted
this year largely to protecting gulls and terns along the Atlantic coast.
In States where the importance of protection has long been recog-
nized and is strongly supported by public sentiment, fish and game
protection is in charge of a board of commissioners and regular
wardens are employed by the State to enforce the game laws. New
York includes forestry in the duties of its board, and has five com-
missioners of fisheries, game, and forests, but the majority of the
States combine fish and game matters, although a few consider the
subjects of sufficient importance to require the attention of separate
officials. Thus, Illinois has a State game commissioner, Pennsylvania
has a board of seven game commissioners distinct from its fish com-
mission, Rhode Island a board of five commissioners of birds, and
North Dakota, Oregon, and Wyoming have special game wardens.

NECESSITY FOR FURTHER STATE LEGISLATION.

In a suggestive paper on ‘‘The destruction of our birds and mam-
mals,” Mr. William T. Hornaday’® has made estimates of the decrease
in bird life in the United States during the last fifteen years, based on
reports from observers in thirty different States.

Such estimates are of course merely matters of opinion, but never-
theless are interesting. Naturally there is a wide range in the opinions
of the various observers, and the alleged decrease of birds varies from
10 to 77 percent, while the average for the thirty States is 46 percent.
Nebraska shows a decrease of only 10 and Massachusetts of 27 percent,

 

1For a list of these commissions and the more important State associations, with
their officers, see Appendix to the Yearbook Dept. Agr., 1899, pp. 710-717.
2Second Annual Report New York Zoological Society, p. 95, 1898.
NECESSITY FOR FURTHER STATE LEGISLATION. 45

but the percentage runs up to 67 in Texas, 75 in Connecticut, Indian
Territory, and Montana, and to 77 in Florida. Evidently existing
State laws are defective or are not properly enforced!

Some States and Territories, as Idaho, Alaska, Arizona, Indian Terri-
tory, and New Mexico, apparently afford no protection at present to
birds other than game; and while the necessity for such legislation may
be small in unsettled portions of the West, still it will be more and
more urgent as the country becomes developed. Other States which
have bird laws on their statute books really afford very little pro-
tection, because these laws apply to only a small number of species,
are limited to only part of the year, or are restricted to only part of the
State. Aside from game birds and the young of sea birds, Florida pro-
tects only ibises, herons, egrets, cranes, and curlews; North Carolina
only doves, larks, mockingbirds, and robins. Kansas and Virginia name
but 10 birds each, and Delaware but 20. Louisiana, while mention-
ing 8 (whippoorwill, nighthawk, blackbird, oriole, sparrow, finch,
swallow, and bluebird), really has a somewhat more extended list,
since each of the terms blackbird, oriole, sparrow, finch, and swallow
includes a number of species. Alabama, Georgia, North Carolina, and
Tennessee treat all birds alike in protecting them for only part of the
year, and providing open seasons, as in the case of game, when they
can be killed.t’ In exceptional cases, so many counties are exempted
from the provisions of a law that the act becomes operative in only a
‘small part of the State. Thus, Texas exempts 56 out of 244 counties
from the operation of the act of 1895, so that a comparatively large
part of the State is no better off than if there were no bird law (see
fig. 8). Alabama exempts 60 out of 66 counties from the act of 1899,
and thus the law actually applies to only 6 counties.

Another difficulty lies in the diverse and oftentimes contradictory
laws in force in neighboring counties in the same State, as in Mary-
land, Virginia, and Tennessee. Special county laws’ have long been
popular in Maryland and Virginia, but the Maryland act of 1898 did
much to harmonize conflicting game regulations. Mississippi gives
county boards of supervisors full jurisdiction over such matters, and
her bird protection therefore depends mainly on local regulations.
Under the constitution of Tennessee* game legislation may be enacted

 

1The open seasons are as follows: Alabama, November 1 to March 1 (except red-
headed woodpecker, catbird, pewee, and vireo, which are protected from August 1
to March 1, and mockingbirds which are protected at all seasons) ; Georgia, Novem-
ber 1 to March 15; North Carolina, October 15 to April 1; Tennessee, varying from
three to eight months, according to the county.

2New York has special laws for Long Island, Michigan for the Upper Peninsula,
and Washington for that part of the State east of the Cascades, but these regulations
apply chiefly to game birds. In Canada, also, there are special regulations in Quebec
for the two ‘zones’ into which the Province is divided at the river Saguenay.

5 Art. XI, sec. 13.
46 LEGISLATION FOR THE PROTECTION OF BIRDS.

in favor of certain counties or geographical districts, and various sections
of the State, availing themselves of this provision, have different laws.
Nowhere are protective measures more needed than in the South and

 

 

 

 

 

 

 

 

 

 

vr Sense Or

 

 

; Fig. 8.—Map of Texas showing counties exempted under law of 1895 (the excepted counties are
shaded and numbered):

Angelina, 45.
Archer, 6.
Atascosa, 54.
Bastrop, 48.
Brazoria, 51.
Brazos, 42.
Burnet, 39.
Callahan, 26
Camp, 20.
Cass, 16.
Cherokee, 36.
Clay, 7.
Comanche, 28.
Cooke, 8.

Coryell, 33.
Dimmit, 52.
Franklin, 17.
Freestone, 35.
Garza, 4.
Hill, 29.
Hopkins, 14.
Jack, 12.
Jackson, 56.
Jones, 22.
Karnes, 55.
Kaufman, 24
Kent, 5.
Lamar, 9.

Lampasas, 34.
Lee, 41.
Lynn, 3.
Madison, 43.
Mills, 30.
Nacogdoches, 37
Panola, 21.
Polk, 47.
Rains, 18.
Rockwall, 15.
Runnels, 27.
Rusk, 31.
Sabine, 38.

San Augustine, 46.

San Jacinto, 50.
Shelby, 32.
Stephens, 23.
Taylor, 24.
Terry, 2.

‘Throckmorton, 10,

Trinity, 44.
Walker, 49.
Williamson, 40.
Wilson, 53.
Wise, 13.

Wood, 19.
Yoakum, 1.
Young, 11.

Southwest, and more especially in the South Atlantic and Gulf States,
So many northern birds pass the winter in this part of the United
States, and so many resident species begin to breed here early in
spring, that it is particularly important to have the laws comprehensive
NECESSITY FOR FURTHER STATE LEGISLATION. 47

and rigidly enforced. This question is one of general interest, for
migratory birds, even if effectually protected during the breeding
season in New England and the Northern and Middle States, may yet
be killed to such an extent during their stay in the South as to render
protection on their breeding grounds of comparatively little avail.
The smaller land birds now receive but little protection during their
sojourn in the South, with no applicable laws in Florida, and open
seasons in winter in Alabama, Georgia, North Carolina, and Tennessee.

However important it may be to secure protective legislation in
States which now have none, or in those which restrict it to a few
months of the year, it isalmost equally important to amend the imper-
fect laws of other States in order to render them more effective. The
most striking defects of existing legislation have already heen dis-
cussed, and, as suggested, they may be remedied best by securing
greater uniformity. This may be accomplished—

(1) By extending the list of protected species to ad birds other than
game birds and a few specially excepted species.

(2) By removing all insectivorous birds from the game list.

(8) By reducing the list of species excluded from protection.

(4) By restricting special legislation, and as far as possible bringing
all the counties in a State under one common law. .

(5) By making proper provisions for collecting specimens for scien-
tific purposes.

(6) By harmonizing the penalties for violations of the law.

As a suggestion of what a comprehensive law should be, the text of
an act prepared by the American Ornithologists’ Union is given in full
below. This act was originally prepared and published early in 1886 *
by the Committee on Bird Protection, composed of ten active members
of the Union, with the late George B. Sennett as chairman. While it
can hardly be expected to meet the needs of all the States without
change, it can easily be adapted to local requirements by making the

“necessary modifications, as suggested under the head of ‘Remarks.’
This act is not an experiment, for it has been tested in several States,
has been adopted almost literally by linois and Indiana, and has been
in force in the latter State for nearly ten years. Its main features
have also been incorporated in the laws of Massachusetts, New York,
and Rhode Island, and the provisions regarding permits in those of Colo-
rado, Connecticut, Minnesota, New Jersey, Ohio, and Pennsylvania.

 

1Supplement to Science, No. 160, February 26, 1886,
48 LEGISLATION FOR THE PROTECTION OF BIRDS.

ACT PROPOSED BY THE AMERICAN ORNITHOLOGISTS’ UNION.!

An Act for the protection of birds and their nests and eggs.

 

Section 1. No person shall, within the State of , kill or catch or have in his
or her possession, living or dead, any wild bird other than a game bird, nor shall
purchase, offer, or expose for sale any such wild bird after it has been killed or
caught. No part of the plumage, skin, or body of any bird protected by this section
shall be sold or had in possession for sale. For the purposes of this act the follow-
ing only shall be considered game birds: The Anatidz, commonly known as swans,
geese, brant, and river and sea ducks; the Rallide, commonly known as rails, coots,
mud-hens, and gallinules; the Limicolee, commonly known as shore birds, plovers,
surf birds, snipe, woodcock, sandpipers, tatlers, and curlews; the Gallinze, commonly
known as wild turkeys, grouse, prairie chickens, pheasants, partridges, and quails.

Src. 2. No person shall, within the State of , take or needlessly destroy the
nest or the eggs of any wild bird nor shall have such nest or eggs in his or her
possession.

Sec. 3. Any person who violates any of the provisions of this act shall be guilty of
a misdemeanor, and shall be liable to a fine of five dollars for each offense, and an
additional fine of five dollars for each bird, living or dead, or part of bird, or nest
and eggs possessed in violation of this act, or to imprisonment for ten days, or both,
at the discretion of the court.

Src. 4. Sections 1, 2, and 3 of this act shall not apply to any person holding a certifi-
cate giving the right to take birds and their nests and eggs for scientific purposes, ag
provided for in section 5 of this act. :

‘Src. 5. Certificates may be granted by [here follow the names of the persons, if
any, duly authorized by this act to grant such certificates], or by any incorporated
society of natural history in the State, through such persons or officers as said society
may designate, to any properly accredited person of the age of fifteen years or
upward, permitting the holder thereof to collect birds, their nests or eggs, for strictly
scientific purposes only. In order to obtain such certificate the applicant for the
same must present to the person or persons having the power to grant said certificate
written testimonials from two well-known scientific men, certifying to the good char-
acter and fitness of said applicant to be intrusted with such privilege; must pay to
said persons or officers one dollar to defray the necessary expenses attending the
granting of such certificates; and must file with said persons or officers a properly
executed bond, in the sum of two hundred dollars, signed by two responsible citi
zens of the State as sureties. This bond shall be forfeited to the State, and the cer-
tificate become void, upon proof that the holder of such a certificate has killed any
bird, or taken the nest or eggs of any bird, for other than the purposes named in
sections 4 and 5 of this act, and shall be further subject for each such offense to the
penalties provided therefor in section 3 of this act.

Sec. 6. The certificates authorized by this act shall be in force for one year only
from the date of their issue, and shall not be transferable.

Sec. 7. The English or European house sparrow (Passer domesticus) is not included
among the birds protected by this act.

Szc. 8. All acts or parts of acts, heretofore passed, inconsistent with or contrary
to the provisions of this act, are hereby repealed.

Sxc. 9. This act shall take effect upon its passage.

 

'The original wording of the sections 1 and 2 has been modified in accordance
with suggestions made by Mr. William Dutcher, and approved by Mr. Witmer Stone,
chairman of the committee on protection of North American birds. These sections
have been recast and somewhat elaborated, the penalties combined as section 3, but
the other sections have been merely renumbered.
THE HOAR BILL. 49

REMARKS.

The accompanying law is calculated to protect our birds as effectually as any legis-
lation can, and it is desirable if possible to obtain its passage as it stands.

It is, however, a well-known fact that in many of our States the act would not
receive favorable consideration unless modified in several particulars.

* * * Tt is very desirable that this act be adopted in as nearly the present form
as possible, and since revision by persons unfamiliar with bird protection is liable
to seriously affect the force of the law, we offer the following suggestions regarding
revision when it is unavoidable:

(1st) Game birds.—In many States doves are universally classed as game birds,
and where the game laws cover their protection during a closed season they may be
so classed in section 1 if necessary.

Reed birds and blackbirds may have to be treated in the same way in several
States. Robins, flickers, and meadowlarks, however, should not be permitted to be
classed as game.

(2d) Cage birds.—There is nothing in the law to prevent the keeping of foreign
cage birds as canaries, etc.

To keep native birds alive for study, etc., a certificate must be secured as per section 5.
This is necessary to prevent the traffic in live birds.

(8d) Other birds which may have to be excluded from protection—

Hawks and owls.—The prejudice against these birds is very strong, while the argu-
ments in their favor are well known and conclusive. They should be protected if
possible. If nothing better can be done, effect a compromise by excluding Cooper’s
hawk, goshawk, sharp-shinned hawk, and great horned owl, and protect the rest.

Crows may have to be denied protection; there is about as much evidence for as
against them, however.

Shrikes, herons, gulls, and terns should by all means be protected.

(4th) Where it is absolutely necessary to exclude any birds from protection they
may be added to section 7, so as not to alter the main text.

(5th) On no account omit sections 4, 5, and 6, as is done in some of the present laws.

With the restrictions placed upon. holders of certificates there is no danger of
improper persons obtaining them. A small number of birds are required for scienti-
fic purposes, and provision should be made for obtaining them as much as for shoot-
ing game birds. The fee should be abolished, if possible, and should on no account
be more than $1. The age limit should, moreover, not be raised above fifteen years,

FEDERAL LEGISLATION.

During the last three years several bills for the preservation of
birds have been considered by Congress. The most important
of these are the ‘Hoar bill,’ the ‘Teller bill,’ and the ‘Lacey bill,’
all of which were introduced in the Fifty-fifth Congress, but failed
to pass, and were reintroduced at the first session of the Fifty-sixth
Congress. The Hoar bill was intended to restrict the traffic in birds
and feathers, while the others were directed mainly toward the pro-
tection of game. .

THE HOAR BILL.

The Hoar bill ‘for the protection of song birds,’ was first introduced in
the Senate by Hon. George F. Hoar, of Massachusetts, March 14, 1898,!

 

1Cong. Record, XXXI, pt. 3, p. 2757.
22186—No. 12 4 i

 
50 LEGISLATION FOR THE PROTECTION OF BIRDS.

and referred to the Committee on the Judiciary. Ten days later, on
March 24, it was reported by the committee, with amendments, and
passed by the Senate.’ It was supported by Senator Bacon, who sub-
mitted as his remarks the picturesque petition in the name of the birds
which had been prepared by Senator Hoar and presented to the legis-
lature of Massachusetts in support of the State act of 1897. (See pp.
11-12.) The bill, however, failed to pass the House before adjournment
and was reintroduced in the Senate, in essentially the same form, early.
in the first session of the Fifty-sixth Congress, on December 12, 1899.
It prohibits (1) importation into the United States; (2) transportation
from one State to another; and, (3) sale within the Territories or the
District of Columbia, of birds or feathers for ornamental purposes.
This legislation was aimed directly against the feather trade, and
naturally aroused the opposition of the millinery interests. The fear .
has also been expressed that the clause prohibiting the importation of
foreign birds would result in an increased demand for native species,
and hence increase, rather than diminish, the destruction of birds in
this country. The prohibition of the sale of feathers relates only to
Alaska, Arizona, New Mexico, Oklahoma, Indian Territory, and the
District of Columbia, and even if strictly enforced here would have
Jittle effect so long as such sales were unrestricted elsewhere. The
text of the bill as it now stands is as follows:

A Bill (S. 1383) for the protection of song birds.

Be tt enacted by the Senate and House of Representatives of the United States of America
in Congress assembled, That the importation into the United States of birds, feathers,
or parts of birds for ornamental purposes, or for any purpose except for food, be, and
the same is hereby, prohibited: Provided, however, That nothing herein contained shall
be construed as prohibiting the importation of birds for museums, zoological gardens,
or scientific collections, or the importation of living birds or of feathers taken from
living birds without injury to the bird. The Secretary of the Treasury is hereby
authorized to make regulations for carrying into effect the provisions of this section.

Sec. 2. That the transportation of birds, feathers, or parts of birds, to be used or
sold, except such as are excepted in the first section of this Act, from any State or
Territory of the United States to or through any other State or Territory of the
United States, is hereby prohibited. Whoever shall violate the provisions of this
section shall, upon conviction in the district where the offense shall have been com-
mitted, be punished for each such offense by a fine of fifty dollars.

Sec. 3. That the sale, keeping, or offering for sale, within any Territory of the
United States, or within the District of Columbia, of birds, feathers, or parts of birds,
for ornamental purposes, except such as are excepted in the first section of this Act, -
be, and the same is hereby, prohibited. Whoever shall violate the provisions of
this section shall, upon conviction, be punished for each such offense by a fine of
fifty dollars. '

THE TELLER BILL.

The Teller bill, ‘to regulate interstate traffic in wild game,’ was first
introduced in the Fifty-fifth Congress by Senator Henry M. Teller,

 

*Cong. Record, XX XI, pt. 3, p. 3166; Forest and Stream, L, p. 264, April 2, 1898,
THE TELLER BILL. 51

of Colorado, on July 2, 1897,' and referred to the Committee on
Forest Reservations and the Protection of Game. As originally pre-
pared, it was intended merely to prevent the shipment of deer, elk,
antelope, bison, or Rocky Mountain sheep from Colorado, Wyoming,
and Utah. Under its provisions any person, railroad or express com-
pany, or other common carrier who received such game for transpor-
tation, unless the export was permitted by the laws of the State from
which the shipment was made, was liable to a penalty of $100 to
$1,000. The bill was, however, materially modified a few months
later, and reintroduced in the Senate on January 18, 1898. It was
broadened so as to prohibit interstate traffic in game killed in violation
of local laws from any State or Territory or the District of Columbia,
and the game list was considerably extended by including certain
specified game birds and ‘other waterfowl,’ so that it really covered a
number of birds. The penalty was also changed so as to conform to
section 10 of the Interstate-commerce Act.* The bill failed to pass,
and was introduced for the third time early in the first session of the
Fifty-sixth Congress, on December 15, 1899, and was referred to the
Committee on Interstate Commerce. No changes were made in the
wording, which was as follows:

A Bill (S. 1680) to regulate the shipment of wild game from one State to another.

Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled, That it shall be unlawful for any railroad company, express
company, or other common carrier, or its officers, agents, or servants, to receive for
shipment or transportation, or for any person or corporation to ship or offer to any
common carrier for shipment, from any place within any of the States or Territories of
the United States or District of Columbia, to any place without any of the States or
Territories of the United States or District of Columbia, or to any foreign country, for
sale, for market, or for storage, any moose, elk, deer, buffalo or bison, caribou, ante-
lope, mountain sheep, or mountain goats, or any parts thereof, or any wild turkey,
prairie chicken, or pinnated grouse, sage hen, Mongolian or ringneck pheasant,
grouse, pheasant or partridge, quail, wild goose, duck, brant, swan, woodcock, snipe,
rail, plover, or other waterfowl: Provided, That nothing herein contained shall pro-
hibit the shipment of any wild game, animals, or birds, or parts of the same that may
be expressly authorized or permitted by the laws of the State in and from which the
shipment is made, if the same is conspicuously labeled ‘‘wild game,” on which label
shall be stated the kind and quantity of said wild game, animals, or parts of the same,
and the date and place of shipment, and the name or names of both the consignor and
the consignee, a copy of which label shall be kept on file by the common carrier at
the place from which said wild game, animals, or birds, or parts of the same, are
shipped.

Src. 2. That any person or corporation guilty of violating the provision of this sec-
tion shall, upon conviction, be punished as provided in section ten of the Act to regu-
late interstate commerce; and the Interstate Commerce Commission is hereby given
jurisdiction in the matter of the transportation of game as in other matters affecting
traffic between the States. ,

 

1Cong. Record, XXX, pt. 2, p. 2198.
? Forest and Stream, XLIX, p. 328, October 23, 1897.
3Thid., L, p. 81, January 29, 1898.
52 LEGISLATION FOR THE PROTECTION OF BIRDS.

THE LACEY ACT.

The Lacey bill was first introduced in the House by Hon. John F.
Lacey, of Iowa, on July 1, 1897.* Its object was to aid in the propa-
gation and introduction of new or valuable birds, and the work was to
be placed in charge of the United States Commission of Fish and Fish-
eries. The Commission was to be given authority to propagate, dis-
tribute, transport, or introduce game and other wild birds, and to
collect and publish useful information in regard to them. In this form
the bill passed the House on December 19, 1898,” but in the Senate it
was amended by the addition of the Hoar bill, which had already been
acted upon. On January 6, 1899, the combined Lacey-Hoar bill was
passed and sent to conference,’ but was not reported before adjourn-
ment.

At the opening of the Fifty-sixth Congress the Lacey bill was reintro-
duced in the House, but it had been changed so that the work was placed
under the Department of Agriculture instead of under the Fish Commis-
sion, and interstate traffic in game in violation of State laws was restricted
by a section very similar to that in the Teller bill, Again the bill was
modified, was reintroduced on January 17, 1900, referred to the Com-
mittee on Interstate and Foreign Commerce, and favorably reported
with an amendment by the committee on March 1. It was passed by
the House by a vote of 141 to 27 on April 30,* and was supported by
Representatives from thirty-four States. On the following day it was
referred to the Senate Committee on Interstate Commerce, favorably
reported on May 17, passed by the Senate without amendment on May
18,° and approved May 25, 1900.°

This act is the broadest and most comprehensive measure of its kind
ever considered by Congress. It is intended to supplement existing
State laws, and in regulating interstate commerce in game it will
doubtless mark the beginning of a new era in bird protection. It
contains three main provisions: (1) It places the preservation of birds
under the jurisdiction of the Department of Agriculture; (2) authorizes
the Secretary of Agriculture to regulate the importation of foreign
birds and animals, and to prohibit the introduction of the mongoose,
‘flying foxes,’ English sparrow, starling, or other species which may be
injurious; and, (8) prohibits interstate traffic in birds killed in violation

 

1Cong. Record, XXX, pt. 2, p. 2195; Forest and Stream, XLIX, p. 21, July 10,
1897.

?Tbid., XXXII, pt. 1, p. 318; Forest and Stream, LI, p. 509, December 24, 1898.

STbid., p. 439.

‘This is the corrected vote, which was given on April 30 as 142 to 26. (See Cong.
* Record, XX XIII, pp. 5228, 5307, April 30 and May 1, 1900.)

5Tbid., XXX, p. 6151, May 18, 1900.

®Tbid., XXX, p. 6588, May 26, 1900.
THE LACEY AOT. 53

of State laws. This latter feature was explained in the report of the
House committee as follows:

The most important purpose of this bill is to supplement the State laws for the
protection of game and birds. * * * Where States are powerless to protect them-
selves, the National Government has ample power. This bill goes to the very root of
this matter by forbidding interstate commerce in such animals and birds when killed
or caught in violation of local laws. * * * Interstate commerce is beyond State
control. The killing or carrying of game within the limits of a State is a matter
wholly within the jurisdiction of the State, but when the fruits of the violation of
State law are carried beyond the State, the nation alone has the power to forbid the
transit and to punish those engaged in the traffic. This bill will give to the game
wardens the very power that they now lack and which would be the most effective
for the purpose of breaking up this commerce. The bill is supported by many per-
sons and associations throughout the United States, and your committee are of the
opinion that it will be of much aid in preventing the present rapid extermination of
our game, song and insectivorous birds.1

The act reads as follows:

An Act (H.R. 6634) to enlarge the powers of the Department of Agriculture, prohibit the transporta-
tion by interstate commerce of game killed in violation of local laws, and for other purposes.?

Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled, That the duties and powers of the Department of Agriculture
are hereby enlarged so as to include the preservation, distribution, introduction, and
restoration of game birds and other wild birds. The Secretary of Agriculture is
hereby authorized to adopt such measures as may be necessary to carry out the pur-
poses of this act and to purchase such game birds and other wild birds as may be
required therefor, subject, however, to the laws of the various States and Territories.
The object and purpose of this act is to aid in the restoration of such birds in those
parts of the United States adapted thereto where the same have become scarce or
extinct, and also to regulate the introduction of American or foreign birds or animals
in localities where they have not heretofore existed. ‘

The Secretary of Agriculture shall from time to time collect and publish useful
information as to the propagation, uses, and preservation of such birds.

And the Secretary of Agriculture shall make and publish all needful rules and reg-
ulations for carrying out the purposes of this act, and shall expend for said purposes
such sums as Congress may appropriate therefor.

Sec. 2. That it shall be unlawful for any person or persons to import into the
United States any foreign wild animal or bird except under special permit from the
United States Department of Agriculture: Provided, That nothing in this section shall
restrict the importation of natural history specimens for museums or scientific collec-
tions, or the importation of certain cage birds, such as domesticated canaries, parrots,
or such other species as the Secretary of Agriculture may designate.

The importation of the mongoose, the so-called ‘‘ flying foxes”’ or fruit bats, the
English sparrow, the starling, or such other birds or animals as the Secretary of
Agriculture may from time to time declare injurious to the interest of agriculture or
horticulture is hereby prohibited, and such species upon arrival at any of the ports
of the United States shall be destroyed or returned at the expense of the owner. The

 

1Fifty-sixth Congress, first session, House of Representatives, Report No. 474, to
accompany H. R. 6634.
2Cong. Record, XX XIII, pp. 3868, 5228, April 2 and 30, 1900.
54 LEGISLATION FOR THE PROTECTION OF BIRDS.

Secretary of the Treasury is hereby authorized to make regulations for carrying into
effect the provisions of this section. :

Sec. 3. That it shall be unlawful for any person or persons to deliver to any common
carrier, or for any common carrier to transport from one State or Territory to another |
State or Territory, or from the District of Columbia or Alaska to any State or Terri-
tory, or from any State or Territory to the District of Columbia or Alaska, any for-
eign animals or birds the importation of which is prohibited, or the dead bodies or
parts thereof of any wild animals or birds, where such animals or birds have been
killed in violation of the laws of the State, Territory, or District in which the same
were killed: Provided, That nothing herein shall prevent the transportation of any
dead birds or animals killed during the season when the same may be lawfully cap-
tuted, and the export of which is not prohibited by law in the State, Territory, or
District in which the same are killed.

Sxc. 4. That all packages containing such dead animals, birds, or parts thereof,
when shipped by interstate commerce, as provided in section 1 of this act, shall be
plainly and clearly marked, so that the name and address of the shipper and the
nature of the contents may be readily ascertained on inspection of the outside of
such packages. For each evasion or violation of this act the shipper shall, upon
conviction, pay a fine of not exceeding $200; and the consignee knowingly receiving
such articles so shipped and transported in violation of this act shall, upon convic-
tion, pay a fine of not exceeding $200; and the carrier knowingly carrying or trans-
porting the same shall, upon conviction, pay a fine of not exceeding $200.

Sec. 5. That all dead bodies, or parts thereof, of any foreign game animals, or
gamé or song birds, the importation of which is prohibited, or the dead bodies, or
parts thereof, of any wild game animals, or game or song birds transported into any
State or Territory, or remaining therein for use, consumption, sale, or storage
therein, shall upon arrival in such State or Territory be subject to the operation
and effect of the laws of such State or Territory enacted in the exercise of its police
powers, to the same extent and in the same manner as though such animals or birds
had been produced in such State or Territory, and shall not be exempt therefrom by
reason of being introduced therein in original packages or otherwise. This act shall
not prevent the importation, transportation, or sale of birds or bird plumage manu-
factured from the feathers of barnyard fowl.

Approved May 25, 1900.
OVP] pus BuoZITy JoSMBL OYL “AOT[IvS poyoBU UVa aATY AvUE pus ‘saINyVIg posTATY «9 VPO| Jo} UT OY] WO UOYG) 1B SMB] OY} 1BY) 9IBOIPUT (*) SYSWOISV
‘sauig 4O NOILOSZLOYd 3HL YO4d SMV] 3LVLG LN3035Y JO SALVG SNIMOHS dv

 

“730 GM

 
          

eS .
QO \

@m it

= 1

) a

uu

FF

  

AY
Lemmaniaiewed r baie oa,
war ee ewe w bene

be

see! i !
'
'

J

‘OW

 

 

‘ainyjnousy yo ydaq ‘s ‘A ‘haning jeosojorg ‘71 “ING

 

 

“|| BLvid
Il. STATE LAWS FOR THE PROTECTION OF BIRDS.

The following digest of measures for the protection of birds, which
includes the latest acts passed in the various States up to the close of
1899, and also laws enacted by New York and Rhode Island in 1900,1
fairly represents the legislation in force in the United States at the
close of the century. In the fifty years that have elapsed since the
enactment of the first law protecting insectivorous birds, considerable
progress has been made, although much still remains to be accom-
plished. With the exception of Alaska (see p. 57), every State and
Territory has its bird law, but Arizona, Idaho, Indian Territory, and
New Mexico protect only game, and Florida only game and plume birds.

Uncertainties still surround many of the questions involved in these
laws; but some fundamental principles have been definitely settled by
decisions of the higher courts, the tendency of which is to give the
fullest effect to such jegidiation. While these decisions relate prima-
rily to game, the principles established apply equally to birds of all
kinds. Several of the State courts have held that the title to game is
vested in the State, and Colorado, Michigan, and Texas incorporate
this principle in their laws, declaring in no uncertain terms that game
is the property of the State. The supreme court of California has
said, ‘‘The wild game within a State belongs to the people in their
collective sovereign capacity. It is not the subject of private owner-
ship except in so far as the people may elect to make it so, and they
may, if they see fit, absolutely prohibit the taking of it, or traffic and
commerce in it, if it is deemed necessary for the protection or preser-
vation of the public good.”’ It is generally admitted that the State
has the right to legislate regarding the protection of its birds and
game; and the court of appeals of New York some years ago held that
all game, whether killed within the State or imported from without,
is subject to the State law, provided the wording of the statute covers
it,* a principle which has recently been incorporated in the Minnesota
game law.* In 1896, the Supreme Court of the United States® affirmed

 

1] am indebted to Mr. William Dutcher, of New York City, for copies of the New
York and other recent laws, and to Mrs. Eleanor W. T. Smith, of Providence, for
the Rhode Island law.

2 Ex parte Maier, 103 Cal.,476. The same view was expressed by the supreme
court of Minnesota in State v. Rodman, 58 Minn., 393.

’Phelps v. Racey, 60 N. Y., 10.

* Laws of 1897, chap, 221, sec. 32.

5 Geer v. State of Connecticut, 161 U.S., 519.

or
Ow
56 LEGISLATION FOR _THE PROTECTION OF BIRDS.

the principle of State ownership of game, and sustained the constitu-
tionality of the law of Connecticut prohibiting the export of game
from the State.

This compilation has been made from the latest code or revision in
each State, with such modifications as have been necessitated by subse-
quent legislation in order to bring it down todate. Only those sections
relating to birds generally, as distinguished from game birds, have been
quoted verbatim, while abstracts (inclosed in brackets) have been given
of those that make provision for the issue of permits or licenses to
scientific collectors, seasons for ‘aquatic’ or ‘web footed wild fowl,’
open seasons for birds improperly regarded as game, penalties for
violations of the laws, export of birds in generai, and kindred matters.
Sections relating solely to game birds are not quoted."

ALABAMA.?

General Laws of 1898-99, pp. 77-83.

Sec. 1. [Prohibits hunting or shooting on Sunday. ]

Sec. 2. That no person in this State shall kill, wound, trap, net, snare, catch with
birdline, or any similar substance, poison or drug, any bird of song or any warbler,
linnet, titmouse, bluebird, sparrow, yellow bird, thrush, downy woodpecker, hairy
woodpecker, pileated woodpecker, red-bellied woodpecker, red-* [headed woodpecker,
cat. bird, penee, vireo, mar-] and every year, save as to the turtle dove which tin, tanegar,
tileup, blue finch, indigo bird, oriole, shrike, keldee, gnat catcher, snow bird,
hair bird, grosbeck, whippoorwill, cuckoo, chenink, chickadee, chat, phoebe bird,
red start, finch, humming bird, cow bird, shore lark, wren, swallow, robin, grackle,
meadow lark, nuthatch, swift, nighthawk, starling or bunting, turtle dove, joree,
red bird, mocking bird, American sparrow, field lark, or rain crow. Nor shall any
person purchase or have in possession, or expose for sale, any of the aforesaid song
or wild birds, or the game mammals killed or taken in this State except as herein-
after provided; but nothing herein shall be construed to prevent the keeping of song
birds in cages as domestic pets. No person shall take or needlessly destroy the nest.
or eggs of any song or other‘wild bird except as hereinafter provided. This act shall
not apply to any person holding a certificate giving the right to take birds and their
nests and eggs and game mammals for scientific purposes in accordance with the fol-
lowing provisions [Certificates may be granted by the probate judge of any county
to persons over 15 years of age. Applicants must pay $5 and file with said probate
judge a properly executed bond in the sum of $100, signed by two responsible citi-
zens of the State as sureties. Certificates shall be in force one year from date of issue
and shall not be transferable]: And, provided further, That it shall be lawful to kill
any bird so protected from the first day of November to the first day of March in
each® [and every year, save as to the turtle dove which] headed woodpecker, cat bird,
penee, vireo, mar- roay be killed from August 1st to March 1st of each year, and,
excepting the mocking bird which it shall be unlawful to kill at any time.

The English or European house sparrow, the king fisher, Cooper’s hawk, sharp-
shinned hawk, duck hawk, pigeon hawk, great horn owl, and barred owl, green heron
and night heron, are not to be included among the birds protected by this act.

 

1 The sections of the Arizona law referring to doves are included since these birds
do not come within the definition of game birds given on page 14.

? The spelling in the statute has been followed literally.

5To understand the intent of the law, read the two bracketed lines in place of the
two italicized lines; the latter were evidently transposed in printing.
ALABAMA—ARKANSAS. 57

Any person or persons violating any of the provisions of this section shall, on
conviction, be fined not less than ten dollars for each and every violation, or in default
of payment thereof by imprisonment in the county jail for a period of one day for
each dollar of penalty imposed: Provided, That any of such birds may be killed or
otherwise destroyed when they eat or destroy strawberries, grapes, cherries or other
fruits or vegetables.

Sec. 6. [No person shall at any time kill or have in possession any of the birds of
this State with intent to ship the same beyond the State, and it shall not be lawful
to transport beyond the limits of this State any of the game birds mentioned in
this act. ]

Sc. 9. Be it further enacted, Except as provided for in section 2, no person for
any reason or purpose whatever, shall take, have in his or her possession or under
control, break or destroy or in any manner interfere with any nest or the eggs therein
of any of the kinds of birds, the killing of which is at any time or all time herein
prohibited: Provided, That this does not apply to persons who have obtained certifi-
cates permitting them to collect the nests and eggs of wild birds other than game
birds. Whosoever shall offend against any of the provisions of this section shall, on
conviction, be fined not less than fifty dollars for each and every offense so committed,
or by imprisonment in the county jail for a period of one day for each dollar of pen-
alty imposed. ,

Sec. 14. * * * Provided, the provisions of this act shall not apply to the coun-
ties of Hale, Tuscaloosa, Marengo, Wilcox, Marion, Greene, Pickens, Coosa, Clay,
Choctaw, Calhoun, Limestone, Clarke, Washington, Chambers, Lawrence, Coffee,
Autauga, St. Clair, Franklin, Geneva, Walker, Randolph, Lowndes, Pike, Lauderdale,
Butler, Bullock, Dale, Henry, Russell, Cleburne, Lee, Winston, Hale, Blount, Baldwin,
Dallas, Chilton, Talladega, Escambia, Elmore, Lamar, Sumter, Fayette, DeKalb,
Mobile, Bibb, Cherokee, Etowah, Marshall, Barbour, Jefferson, Tallapoosa, Shelby,
Crenshaw, Colbert, Conecuh and Jackson, and it shall not apply to Montgomery
county except in so far as game birds and mammals are concerned.

Approved February 8, 1899.
ALASKA.

[The code of Alaska is now before Congress. During the discussion in the House
of Representatives on May 24, 1900, an amendment was made to section 29, prohib-
iting the shipment of eggs of cranes, brant, geese, or ducks.?]

ARIZONA.’

Acts of 1897, No. 41, pp. 77-78.

Src. 3. [Every person who shall take, gather, or destroy the eggs of any dove or
of certain game birds shall be guilty of a misdemeanor. ]
Sec. 4. [Makes killing or possession of doves between March 1 and June 1 a mis-
demeanor. ]
ARKANSAS.
Acts of 1897, Act XLI, p. 53.

Sec. 1. It shall be unlawful for any person within the State of Arkansas to kill,
wound or injure any wild bird other than the game birds, or to destroy, disturb or
rob the nests of any such birds, or to sell or expose for sale, either dead or alive, any

- of such birds, or to sell or expose for sale, any of the eggs of any such birds; and it
shall be unlawful for any railroad company, express company, steamboat company,

 

1Cong. Record, XX XIII, p. 6419, May 24, 1900.

2This law provides only for the preservation of game birds, and in addition to doves
protects quail, bob-white, partridge, grouse, wild turkey, snipe, rail, wild ducks,
geese, and brant.
58. LEGISLATION FOR THE PROTECTION OF. BIRDS.

or other company or corporation or private person, their agents, employees or ser-
vants, to have in possession or receive for transportation or carriage, or for any other
purpose whatever, any such birds or eggs; but this section shall not apply to English
sparrows, crows, black birds, hawks, owls, eagles, and other birds of prey, nor shall
it prohibit any person from killing any such birds on his own premises, when in the
act of destroying fruit or other crops.

Approved March 15, 1897.

[This act amends section 3433 of the game law in Sandels & Hill’s Digest, 1894,
p. 847. The only game birds mentioned in that law are the wild turkey, pinnated
grouse.or prairie chicken and quail or Virginia partridge. The penalties for viola-
tions of this law are found in section 3436 of the Digest, which reads as follows:]

‘‘Sec. 3436. Any person violating any of the provisions of this act, shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not
less than three, nor more than ten dollars for each bird killed, caught or injured, or
had in possession * * * and not less than three dollars nor more than ten for
each nest of eggs destroyed as aforesaid, together with the costs of prosecution.’

Act February 23, 1885.
CALIFORNIA.
Penal Code, 1897, pp. 216,218.

Src. 626. * * * Every person who shall take, gather, or destroy the eggs or
nests of any * * * dove, robin, or any kind of wild duck, or rail; every person
who, in the State of California, shall at any time hunt, shoot, shoot at, take, kill,
or destroy, buy, sell, give away, or have in his possession, except for the purpose of
propagation, or for educational or scientific purposes, any English skylark, robin,
canary, humming-bird, thrush, or mocking-bird, or any part of the skin, skins, or
plumage thereof, or who shall rob the nests or take or destroy, or offer for sale, the
eggs of any of the said birds * * * is guilty of a misdemeanor; provided, how-
ever, that the right of possession for the purpose of propagation shall first be obtained
by a permit in writing from the Board of Fish Commissioners of the State of Cali-
fornia. Any person found guilty of a violation of any of the provisions of this
section, shall be fined in a sum not less than twenty dollars or more than five
hundred dollars, or be imprisoned in the county jail in the county in which the
conviction shall be had, not less than ten days or more than one hundred and fifty
days, or be punished by both such fine and imprisonment. [Killing of doves
permitted between July 15 and February 15.]

Sec. 627. [Prohibits transportation of doves. beyond limits of State, except for
purposes of propagation, under penalty of a fine of $20-$500 or imprisonment 10-150
days, or both fine and imprisonment. ]

Amendment approved March 9, 1897.

Penal Code, 1897, Appendix, p. 562.
BLUE CRANES,

Sec. 1. Any person or persons who shall willfully and knowingly shoot, wound,
trap, snare, or in any other manner catch or capture any blue crane in the State of
California, or shall knowingly take, injure, or destroy the nest of any white or blue
wrane, or shall take, injure, or destroy any blue crane’s eggs, in the nest or otherwise,
in said state, shall be deemed guilty of a misdemeanor, and upon conviction thereof
before any justice of the peace of the township in which the offense shall have been
committed, shall be fined in a sum not less than fifty dollars nor exceeding one
CALIFORNIA—COLORADO. 59

hundred dollars, and cost of the action for each offense, or may be imprisoned not less
than fifty days nor more than one hundred days, or by such fine and imprisonment
as the judgment of the court may direct.

Approved March 16, 1889.

Penal Code, 1897, Appendix, p. 5638.

SEA GULLS.

Src. 1. Every person who willfully kills or destroys any of that species of sea birds
known as gulls, within five miles of the town of Santa Monica, in Los Angeles
county, is guilty of a misdemeanor.

Approved March 15, 1876.
COLORADO.
Laws of 1897, chap. 8, pp. 40-49.

Sec. 15. No person shall at any time kill, ensnare, net or trap any robin, lark,
whip-poor-will, finch, sparrow, thrush, wren, martin, swallow, snowbird, bobolink,
red-winged black bird, crow, raven, turkey buzzard, oriole, king bird, mocking bird,
song sparrow or other insectiverous [sic] bird or iginds or any pheasant, quail, ptar-
migan or partridge. * * *

Sec. 31. [Provides for issue of certificates for collecting birds for scientific purposes
only, by State forest, game and fish commissioner to any member of any natural his-
tory society or other scientific body organized for study of natural history or any
person accredited by such society. Specimens collected under certificate can only he
disposed of by exchange. Applicant must file with commissioner written testi-
monials certifying to his fitness from two well-known citizens, a properly executed
bond in the sum of one hundred dollars, signed by two responsible persons of the
State as sureties and must pay the sum of $5. Certificates shall be in force for only
three months from date of issue and shall not be transferable. ] :

Sec. 48. Any person violating any of the provisions of this Act * * * shall be
deemed guilty of a misdemeanor, and upon conviction thereof shall be fined ina sum
not less than twenty-five dollars nor more than three hundred dollars, or imprisoned
in the county jail not less than ten days, nor more than six months, or by both such
fine and imprisonment; Provided, That the minimum penalty * * * for any
violation of Sections 15 * * * of this Act, shall be ten dollars. The killing or
otherwise taking of each bird * * * mentioned in this Act or the possession
thereof in violation of this Act shall constitute a separate and distinct offense.

Approved April 16, 1897.

Laws of 1899, chap. 98, p. 188.

Divisron A, Src. 16. All game and fish now or hereafter within this State not held
by private ownership, legally acquired, and which for the purposes of this act shall
include all the quadrupeds, birds and fish mentioned in this act, are hereby declared
to be the property of the State, and no right, title, interest or property therein can
be acquired or transferred, or possession thereof had or maintained except as herein
expressly provided.

Src. 18. As used in thisact * * * the prohibition and restriction shall, where
not specifically otherwise provided extend to and include every part of such game
or fish, and a violation as to each individual animal or part thereof shall be a sepa-
rate offense, and two or more offenses may be charged in the same complaint, infor-
mation or indictment * * *
60 LEGISLATION FOR THE PROTECTION OF BIRDS.

Divison B, Sec. 7. (4) The open seasonfor * * * cranes and water fowls shall
begin September 1 and end April 15 next ensuing, except in altitudes exceeding 7,000
feet above sea level, where the open season shall begin September 15.

(5) The open season for wild pigeons and doves shall begin July 15 and end
September 30 next ensuing.

Division G, Sxc. 4. [Every person or officer violating any of the provisions of this
act shall be punished by a fine of $10 to $500, or by imprisonment from ten days to
six months, or by both fine and imprisonment. ]

, Approved April 27, 1899.
CONNECTICUT.
General Statutes, 1888, Title XLI, Chap. CLIT, p. 558.

Sec. 2542. Every person who shall shoot, snare, or kill any eagle shall be fined not
less than twenty-five nor more than fifty dollars, or imprisoned not more than thirty
days. (Stat. 1883, chap. 67.)

Public Acts of 1897, Chap. XXIII, p. 756.

Src. 1 [amending section 2535 and repealing section 2536 General Statutes, 1888].
Every person who shall kill, cage, or trap, or have in his possession, dead or alive,
any bluebird, Baltimore oriole, purple finch, thrush of any kind, cat-bird, wren,
martin, swallow, chimney swift, bobolink, robin, night-hawk, whip-poor-will, fly-
catcher, warbler; scarlet tanager, vireo, nuthatch, creeper, humming bird, rose-
breasted grosbeak, kinglet, titmouse, indigo bird, cedar bird, yellow bird, phebe,
sparrow (except English sparrows), or any species of the woodpecker, chickadee, or
any other of the song or insectivorous birds, or who shall destroy the nests or eggs
of any of said birds, shall be fined one dollar for each bird so killed, caged, trapped, or
had in possession, or nest or egg destroyed.

Approved March 15, 1897.

Public Acts of 1899, chap. 62, p. 1017.

Sec. 1. The president of the board of commissioners of fisheries and game shall
have authority to issue to suitable persons licenses to take and kill birds which may
be otherwise protected by law, except game birds, and the nests and eggs of such
birds, for scientific purposes only.

Szc. 2.’ [Applicant must present certificate signed by an officer of the Hartford
Scientific Society showing that said applicant is a proper person to be intrusted with
a license, and must file with the commissioners a bond in the sum of two hundred
dollars. ]

Sec. 3. [Licenses shall be issued for one year, and upon such conditions as commis-
sioners may prescribe. ]

Sxc. 4. [Applicants shall pay fee of one dollar for license. ]

Approved April 19, 1899.

DELAWARE.
Revised Statutes, 1893, Chap. LV, p. 457 (Laws of Del., Vol. 17, chap. 507).

Sec. 1. [Permits killing of reedbirds between September 1 and February 1.]

Sec. 6. That it shall be unlawful for any person within this State at any time to
take, kill or destroy (upon lands not owned by himself) any of the following birds,
viz: Robin, bluebird, martin, swallow, mockingbird, thrush, wakeup, woodpecker,
DELAWARE—FLORIDA. 61

wren, whippoorwill, catbird, nighthawk, oriole, redbird, yellowbird, hummingbird,
groundrobin, skylark, flicker, or sapsucker, or willfully to take or destroy the eggs
or nest of any of the aforesaid birds, or any other birds except hawks, owls, crows and
English sparrows. And if any person within this State shall at any time take, kill,
or destroy any of the birds named in this section, and not excepted from the provis-
ions thereof, or shall willfully take or destroy the eggs or nest of any of the said
birds not excepted as aforesaid, such person shall be deemed guilty of a common
nuisance, and upon conviction thereof before any justice of the peace in this State
shall be fined one dollar ($1.00) for each and every bird, or nest, or eggs so taken or
destroyed in violation of the provisions of this section.

Sec. 7. [Prohibits hunting on Sunday under penalty of a fine of $10.]

Passed April 9, 1885.

[Rev. Stat., 1893, Chap. LV, p. 463 (Laws of Del., vol. 19, chap. 137, sec. 1), pro-
hibits shipment of robins out of State under a penalty of $5 for each bird so shipped. ]

Passed April 20, 1891.
DISTRICT OF COLUMBIA.
30 Statutes at Large, p. 1012.

Szc. 1. [Permits shooting of reedbirds or ricebirds and marsh blackbirds on Tues-
days, Thursdays, and Saturdays between August 21 and February 1.]

Sec. 3. That no person shall expose for sale or have in his or her possession dead,
at any time, any turkey buzzard, wren, bluebird, hummingbird, blue jay, robin or
migratory thrush, wood or song robin, martin, mocking bird, swallow, oriole, red or
cardinal bird, catbird, pewit, whip-poor-will, goldfinch, sapsucker, hanging bird,
woodpecker, crow blackbird, or other insectivorous bird, save for scientific purposes
upon permit from the Superintendent of Police of the District of Columbia, in accord-
ance with such restrictions as the Secretary of the Smithsonian Institution may prc-
scribe, and excepting the English sparrow; nor rob the nest of any wild bird of eggs
or young or destroy such nest, except in the clearing of lands of trees or brush;- nor
trap, net, or ensnare any wild bird or water fowl mentioned in this chapter, or have
in his possession any trap, snare, net, or illuminating device for the purpose of killing
or capturing any * * * bird, under a penalty of five dollars foreach * * *
bird killed or captured, or bird’s nest and eggs destroyed, and, in default, to be
imprisoned in the workhouse not exceeding thirty days.

Sec. 7. [There shall be no shooting, or having in the possession in the open air
the implements for shooting, on Sunday, under a penalty of not more than twenty
dollars for each offense. ]

Approved March 3, 1899.
FLORIDA.

Revised Statutes, 1892, p. 847.

Src. 2755. Whoever wantonly destroys the nest, eggs, or young of any sea bird, or
bird of plume in this State, on the land or coast, or in any of the seas, bays, rivers,
creeks or harbors, or within a marine league of the coast of the State, shall be pun-
ished by fine not exceeding twenty dollars. (Chap. 3043, act March 2, 1877.)

Sec. 2756. Whoever, not being a citizen of the United States, kills any birds for
the purpose of obtdining plumes therefrom, on any part of the coasts of Florida, or
in any of the bays, rivers, creeks or harbors, or inland waters or prairies of the same,
or within a marine league of the coast of the State, shall be punished by a fine not
exceeding one hundred dollars. (Chap. 3149, act February 22, 1879.)
€2 LEGISLATION FOR THE PROTECTION OF BIRDS.
Revised Statutes, 1892, Appendix, chap. 4050, p. 992.

Sec. 1. That hereafter it shall be unlawful for any person to kill, in this State, for
the purpose of sale or commercial traffic any of the following named plumed birds:
That is to say any crane, egret, ibis, curlew or heron.

Sec. 2. That hereafter it shall be unlawful for any person to purchase, trade or
traffic in any of the plumed birds hereinbefore mentioned, or for commercial pur-
poses to purchase, trade or traffic in the plumes or pelfry of the said plumed birds
of the State.

Src. 3. That whoever shall violate any of the provisions of this act shall be guilty
of a misdemeanor, and, upon conviction thereof, shall be fined in a sum not exceed-
ing three hundred dollars, or imprisoned in the county jail not exceeding six months,
at the discretion of the court. —

Approved June 5, 1891.
GEORGIA.

Public Laws of 1896, Title VII, No. 68, p. 74.

Src. 1. * * * Itshall be unlawful for any person to shoot, trap, kill, ensnare,
net or destroy in any manner * * * any insectivorous or singing bird, except
English sparrows, crows, larks, rice birds, night-hawks, wheat birds and doves,
between the fifteenth day of March and the first day of November. It shall also be
unlawful to shoot, trap, kill, ensnare, net or in any manner destroy any dove
between the fifteenth day of March and the fifteenth day of August. It shall also
be unlawful for any person to remove from the nests, or in any manner destroy the
eggs of any of the birds protected by this Act during the periods they are so pro-
tected. * * * It shall be further unlawful for any person to sell or offer for sale
any game, bird or animal, or any part of either, whether dead or alive, that are pro-
tected by this Act during the periods so protected, and it shall be taken and deemed
as prima facie evidence of a violation of the provision of this section for any person
or persons to be found in possession of any of the animals or birds (or the eggs of
birds) during the periods in which they are protected by this Act, and any person
or persons who shall violate any of the provisions of this Act as enumerated in this

‘ section shall be guilty of a misdemeanor.

Approved December 22, 1896.

General Laws of 1898, Title VI, No. 138, p. 259.

Sec. 1. * * * That from and after the passage of this Act, the baiting or kill-
ing of doves thus baited, any season of the year, shall be a misdemeanor, and any
person convicted thereof shall be fined not less than ten dollars nor more than fifty
dollars.

Approved December 6, 1898.

ILLINOIS.
Laws of 1899, pp. 224-228.

Suc. 1. [Permits killing of mourning doves between September 1 and December 1. ]
Sc. 38. Any person who shall, within the State, kill or catch or have in his or her
possession, living or dead, any wild bird other than a game bird, English sparrow,
crow, crow-blackbird or chicken hawk, or who shall purchase, offer or expose for
sale any such wild bird after it has been killed or caught, shall, for each offense, be
ILLINOIS—INDIANA. 63

subject to a fine of five dollars for each bird killed or caught, or had in possession,
living or dead, or imprisonment for ten days, or both, at the discretion of the court:
Provided, That nothing in this section shall be construed to prevent the owner or
occupant of lands from destroying any of such birds when deemed necessary by him
for the protection of fruits or property. For the purposes of this act the following
only shall be considered game birds: The An[a]tide, commonly known as swans,
geese, brant and river and sea ducks; the Rallide, commonly known as rails, coots,
mud-hens and gallinules; the Linicolze [Limicole], commonly known as shore birds,
plover, surf birds, snipe, wood-cock, sand-pipers, tatlers and curlews; the Gallinze,
commonly known as wild turkeys, grouse, prairie chickens, pheasants, partridges,
quails, and mourning doves.!

Sec. 6. [Provides that this act shall not apply to the killing of birds by or for the
use of taxidermists, for preservation either in public or private collections, if so pre-
served. ]

Sec. 11. The ownership and title to all wild game and birds in the State of Iinois
is hereby declared to be in the State. * * *

Src. 18. Any person who shall, within the State of Illinois, take or needlessly
destroy the nest or the eggs of any wild game or birds, or shall have such nest or
eggs in his or her possession, shall be subject for each offense to a fine of five (5)

- dollars, or imprisonment for ten days, or both, at the discretion of the court.

Srcs. 15 and 16. [Provide that certificates for collecting birds, nests and eggs for
strictly scientific purposes may be granted by county clerks to persons 15 years of
ageor upwards. The applicant must present to the county clerk written testimonials
certifying to his good character and fitness, from two well-known scientific men,
must pay one dollar, and must file a properly executed bond, in the sum of two hun-
dred dollars, signed by two responsible citizens of the Stateas sureties. Certificates
shall be in force until the Ist of June following date of issue, and shall not be trans-
ferable. ]

Approved April 24, 1899

INDIANA.
Thornton’s Revised Statutes, 1897, pp. 361-362.

Sxc. 2243. It shall be unlawful for any person to kill any wild bird other than a
game bird, or purchase, offer for sale any such wild bird after it has been killed, or
to destroy the nests or the eggs of any wild bird.

Sec. 2244, For the purpose of this Act the following only shall be considered
game birds: the Anatide, commonly called swans, geese, brant, and river and sea
ducks; the Rallidze, commonly known as rails, coots, mud-hens, and gallinules; the
Limicolz, commonly known as shore birds, plovers, surf birds, snipe, woodcock,
and sandpipers, tattlers, and curlews; the Galline, commonly known as wild
turkeys, grouse, prairie chickens, quail, and pheasants, all of which are not intended
to be affected by this act.

Src. 2245. Any person violating the provisions of section one [2243] of this Act:
shall, upon conviction, be fined in a sum not less than ten nor more than fifty dol-
lars, to which may be added imprisonment for not less than five days nor more than
thirty days. ;

Src. 2247. [Provides for granting permits by the Executive Board of the Indiana
Academy of Science to properly accredited persons for collecting birds, nests, and
eggs for strictly scientific purposes. The applicant must present written testimonials

 

1Mourning doves properly belong to the Columbe, not to the Gallinz.
64 LEGISLATION FOR THE PROTECTION OF BIRDS.

from two well known scientific men certifying to his good character and fitness,
must pay one dollar, and must file a bond in the sum of two hundred dollars, signed
by at least two responsible citizens of the State. ]

Sxc. 2248. [Provides that permits shall be in force only two years from date of
issue, and shall not be transferable. ]

Sec. 2249. The English or European house sparrow (Passer domesticus), crows,
hawks, and other birds of prey are not included among the birds protected by this
act.

Approved March 5, 1891.

IOWA.

Annotated Code, 1897, p. 888.

Sxc. 2561. No person shall destroy the nests or eggs of, or catch, take, kill or have
in possession or under control for any purpose whatever, except specimens for use of
taxidermists, at any time, any whippoorwill, night-hawk, bluebird, finch, thrush,
linnet, lark, wren, martin, swallow, bobolink, robin, turtle-dove, catbird, sandpiper,
snowbird, blackbird, or any other harmless bird except bluejays and English spar-
rows, but nothing herein shall be construed to prevent the removal of nests from
buildings, and the keeping of song birds in cages as domestic pets: Any person vio-
lating any of the provisions of this section shall be fined not less than one dollar nor
more than twenty-five dollars and costs of prosecution, and may be committed to the
county jail until such fine and costs are paid.

In effect October, 1897.
KANSAS.

Session Laws of 1897, chap. 135, p. 298.

Sxc. 1. It shall be unlawful for any person or persons, at any time, except as here-
inafter provided, to hunt, catch, kill, shoot, pursue, entrap or ensnare,any * * *
oriole, meadow-lark, robin, thrush, redbird, mocking-bird, blue jay, turtle-dove,
yellowhammer or bluebird: * * * Provided furthermore, That this act shall not
prevent the owner of an orchard from shooting blue jays, orioles or yellowhammers
at any time.

Suc. 4. The provisions of this act shall not apply to the catching or killing of any
wild bird for the sole purpose of preserving it as a specimen for scientific purposes.

Suc. 6. [It shall be unlawful to buy, or sell, or offer for sale, or shipment, any bird
or birds named in section 1.]

Sec. 7. It shall be unlawful for any railroad, express, or transportation company
or corporation to accept, within the State of Kansas, for shipment or transfer, any of
the birds mentioned in section 1 of this act.

Suc.-8. Any person, or the manager, agent or employee of any company or corpo-
ration found guilty of a violation of any of the provisions of this act, shall be deemed
guilty of a misdemeanor, and upon conviction thereof, before any court of competent
Jurisdiction, shall be fined in a sum not less than five dollars nor more than one
hundred dollars, for each and every offense, and costs, together with an attorney’s
fee of ten dollars, and shall be committed until such fine, costs and attorney’s fee
shall be paid. >

Approved March 13, 1897.
KENTUCKY—MAINE. 65

KENTUCKY.
Kentucky Statutes, 1894, pp. 718-719.

Src. 1945. [Protects doves between February 1 and August 1.]

Src. 1946. No person shall at any time catch, kill, or pursue with such intent, or
have in possession after the same has been caught or killed, any thrush, meadow-
lark, finch, martin, swallow, woodpecker, flicker, oriole, red bird, tanager, cat-bird,
blue-bird or other song or insectivorous bird, except where the same shall be
destructive to the fruit or grain crops.

Sec. 1948. No person shall rob or destroy the nests or eggs of any wild bird what-
soever, save only those of a predatory nature, and destructive of other birds or fowls.

Src. 1949. Any person guilty of violating any of the provisions of either of the
preceding sections shall be fined for each offense not less than five nor more than
twenty-five dollars.

Sec. 1952. [Unlawful killing, catching, or possession of each of the birds protected
by this law shall constitute a separate offense, and two or more offenses may be
joined in the same warrant or indictment. ]

Act of February 27, 1894.
LOUISIANA.
Revised Laws, 1897, p. 247.

Sc. 4. That no person shall catch, kill or pursue, with such intent, or have in pos-
session after the same has been caught or killed, any whippoorwill, sparrow, finch,
oriole, bluebird, swallow, night hawk, or blackbird, except when the same shall be
destructive to the fruit or grain crop, under a penalty of not less than five nor more
than twenty-five dollars for each offense.

Src. 5. That no person shall rob or destroy the nests or eggs of any wild bird what-
soever, save only those of a predatory nature, and destructive of game or insectivo-
rous birds, under a penalty of not less than five nor more than twenty-five dollars for
each offense.

Src. 6. That no person shall entrap, net, kill, or pursue with such intent, or have
the same in possession at any time during the year, any song bird, especially the
mocking bird, except domesticated birds, except the birds be entrapped or netted
for the purpose of domestication, under a penalty of not lees than five nor more than
twenty-five dollars for each offense, except when the same shall prove destructive to
the fruit or grain crops.

Src. 14. That all acts and violations of this law denominated as offenses in the
foregoing sections shall be and are hereby declared to be crimes against the State of
Louisiana, and it shall be the duty of all district attorneys and district attorneys pro
tempore of the State to prosecute before any court of competent jurisdiction all
offenders and persons committing misdemeanors under the provisions of this Act,
(Act 60, Extra session 1877, p. 100.)

[Act of 1900 protects doves from April 1 to September 1.]

MAINE.
Public Laws of 1899, chap. 42, pp. 35-36.

Sec. 12. Whoever kills, or has in his possession, any birds commonly known as
larks, robins, swallows, sparrows, woodpeckers or orioles, or other insectivorous
birds, crows, English sparrows and hawks excepted, forfeits not less than one dollar,

22186—No. 12 5

 
66 LEGISLATION FOR’ THE PROTECTION OF BIRDS.

nor more than five dollars, for each such bird killed; and the possession by any per-
son of such dead bird, is prima facie evidence that he killed such bird. Whoever at
any time wantonly takes or destroys the nest, eggs or unfledged young of any wild
bird, except crows, hawks, herons, loons and owls, or takes any eggs or young from
such nests forfeits not less than one dollar nor more than ten dollars, for each nest,
egg or young so taken or destroyed. Whoever carries or transports from place to
place, any of the birds named in this chapter during the period in which the killing
of such bird is prohibited, forfeits five dollars for each bird so carried or transported.

Sec. 14. [The commissioners of inland fisheries and game may issue licenses to tax-
idermists of good reputation and to suitable persons, not exceeding 10 at one time, to
collect birds, nests and eggs for scientific purposes. Applicants shall pay $5 for
licenses and can only dispose of specimens obtained under such permits by exchange,
under a penalty of $10 to $50. Licenses do not authorize collecting on Sunday. ]

Sec. 22. [Sunday is a close time, in which it is unlawful to hunt, kill, or destroy
birds of any kind.]

Approved March 8, 1899.

Public Laws of 1899, chap. 116, p. 119.

No person shall kill or have in his possession, except alive, any bird commonly
known as tern. Whoever violates provisions of this act shall be subject to a fine of
not less than one dollar nor more than ten dollars.

Approved March 17, 1899.
MARYLAND.'
Laws of 1898, chap. 206, pp. 709-713.

Src. 158. [Permits killing of doves between August 15 and December 24.]

Sxc. 15p. [Permits shooting of reedbirds between September 1 and November 1.]

Suc. 15n. [Permits sale of flickers in Baltimore between August 15 and Decem-
ber 24.]

Sec. 15H. No person shall, in this State, at any time shoot or in any manner catch
or kill, expose for sale, sell or buy, or have in possession, alive or dead, any turkey-
buzzard, wren, sparrow, bluebird, humming bird, bluejay, migratory or other thrush,
wood robin, red breasted robin, martin, mocking bird, cat bird, swallow, oriole, red
bird, lark, indigo bird, joe wink, pewitt, sapsucker, whippoorwill, gold finch, yellow-
breasted chat, cedar bird, herring gull or mackerel gull, or gull of any description,
under a penalty of not less than one ($1) dollar nor more than five ($5) dollars for
each such bird so shot, caught, killed, exposed for sale, sold, bought or had in pos-
session; and no person shail, under like penalty, have in his or her possession, offer
for sale or wear, the skins, plumage, wings, or feathers of any of the birds, the catch-
ing or killing of which is prohibited by this section; provided, however, that noth-
ing herein contained shall be so construed as to make it unlawful to shoot, catch or
kill, or in any manner destroy, at any time, any hawk or other birds destructive to
domestic poultry, or any English sparrow, or crow, or blackbird; provided, that this
section shall not apply to St. Mary’s County and Calvert County; provided, that it
shall be lawful to have mocking birds or red birds, or other songbirds in cages, or

stuffed specimens of any said birds in educational institutions, or public or private
museurs. ;

 

1 “Norz.—The old County acts in regard to song and insectivorous birds * * *
except in St. Mary’s County and Calvert County * * * have been repealed and
the State law is now in force over the entire State.””—Maryland Game and Fish
Protective Association, Game Laws, 1898, p. 124.
MARYLAND—MASSACHUSETTS. 67

Src. 150. No person shall, in this State, at any time, molest or destroy the nests or
eggs of any of the aforesaid birds, except those of hawks or other birds destructive to
domestic poultry and game birds, or those of English sparrows, crows and black-
birds, under a penalty of not less than one nor more than five ($5) dollars nor more
than twenty-five ($25) for each and every such offense.

Sec. 15r. [Provides for issue of <ertificates by State Game Warden to persons over
18 years of age, for killing birds or collecting eggs for purely scientific purposes, pro-
vided application and affidavit have been filed with the warden. ]

Approved April 9, 1898.

MASSACHUSETTS.
Supplement Public Statutes, 1888, chap. 276, p. 435.

Sec. 2. Whoever takes or kills * * * a wild or passenger pigeon, or a gull, or
a tern, between the first day of May and the first day of October, shall be punished
by a fine of ten dollars for every bird so taken or killed.

Sec. 4. Whoever takes or kills any wild or undomesticated bird not named in sec-
tions one and two [the species there named are pinnated grouse, woodcock, ruffed
grouse, quail, ducks, plover, snipe, sandpiper, rail, shore birds, wild pigeon, gull and
tern] except English sparrows, crow blackbirds, crows, jays, birds of prey, wild
geese, and such fresh water and sea fowl as are not named in sections one and two,
or wilfully destroys, disturbs or takes a nest or eggs of any wild or undomesticated
birds, except of the birds herein exempt from protection, shall be punished by a
fine of ten dollars: Provided, That any person above the age of twenty-one years hay-
ing a certificate from the game commissioners or from the president of the Boston
Society of Natural History to the effect that such person is engaged in the scientific
study of ornithology or collecting in the interest of a scientific institution, may take
the nests and eggs of, or at any season take or kill, any undomesticated bird, except
woodcock, ruffed grouse and quail. * * * And provided further, That the game
commissioners and the president of the Boston Society of Natural History may at any
time revoke any certificate they have respectively issued.

Act of June 10, 1886.
Acts and Resolves of 1897, chap. 140, p. 102.
CAPE ANN.

Whoever takes orkills * * * any land bird, except the English sparrow, within
the limits of that section of this Commonwealth bounded by Squam river, Ipswich
bay, the Atlantic ocean, Massachusetts bay and Gloucester harbor, at any time
within five years from the passage of this act, shall be punished by a fine of twenty
dollars for every * * * bird so taken or killed.

Approved March 8, 1897.

Acts and Resolves of 1898, chap. 339, p. 275.

Sec. 1 [chap. 524, Acts of 1897, amended to read:] Whoever has in his possession
the body or feathers of any bird whose taking or killing is prohibited by section four
of chapter two hundred and seventy-six of the acts of the year eighteen hundred and
eighty six [—chap. 276, Pub. Stat., 1888], whether taken in this Commonwealth or
elsewhere, or wears such feathers for the purpose of dress or ornament, shall be pun-
ished as provided in said section: Provided, That this act shall not be construed to
prohibit persons having the certificate provided for in said section from taking or
killing such birds; and provided further, That this act shall not apply to natural
68 LEGISLATION FOR THE PROTECTION OF BIRDS.

history associations or to the proprietors of museums, or other collectioris for scien-
tifie purposes, nor to nonresidents of the Commonwealth passing through it or tem-
porarily dwelling within the limits thereof.

Approved April 14, 1898; in effect April 1, 1899.

Acts and Resolves of 1899, chap. 116, p. 57.

[Every Lord’s day shall be close season. Whoever hunts or destroys birds or
game of any kind on this day, shall be liable to the penalties imposed for violation of
the law in other close seasons, in addition to those for shooting on the Lord’s day. ]

Approved March 1, 1899.
MICHIGAN.

Public Acts of 1898, No. 196, pp. 312-314.

Src. 1. That no person shall at any time or in any manner acquire any property
in, or subject to his dominion or control, any of the birds, game or fish, the killing,
taking, or having in possession of which is at any time or at all times prohibited by
any of the laws of this State, that they shall always and under all circumstances and
conditions be and remain the sole property of the State. * * * When their
killing is not prohibited by law, the same may be used at the time, in the manner,
and for the purposes expressly authorized by law, but not otherwise.

Src. 2. [No person, company or corporation shall at any time take, kill or have in
possession with intent to ship beyond the limits of the State any of the birds the
killing of which is at any time or all times prohibited by law, or shall ship, allow or
aid in their shipment out of the State. ] ;

Src. 5. [Sale or possession of birds during close seasons prohibited. But nothing
in this act shall prevent the taking or catching alive of birds for domestication, propa-
gation, or breeding purposes. ]

Sec. 6. [Any person violating any of the provisions of this act shall be punished
by a fine of $10-$50, or imprisonment not exceeding 30 days.]

Approved June 1, 1893.
Public Acts of 1897, No. 159, p. 202.

Sec. 14 [(as-amended by Acts of 1899, p. 80.) Protects ‘‘wild ducks * * *
or other wild water fowl’’: between February. 1 and August 31, except in Upper
Peninsula, where the close season is January 16 to August 31. It also protects wild
pigeons at all times until 1905, and thereafter from December 1 to October 19.]

Sc. 17. No person or persons shall at any time or in any manner whatever injure
or destroy or rob the nest, or take, injure, destroy or have in possession the eggs of
any bird the killing of which is at any time or at all times prohibited by law, nor
shall any person or persons at any time or in any manner whatever, molest, harass
or annoy such birds while on their nesting places.

Sec. 19. [Provides for the protection of pigeon roosts until after 1905.]

Sec. 20. No person or persons shall at any time or in any manner whatever injure,
kill or destroy, or attempt to injure, kill or destroy, any robin, night hawk, whip-
poor-will, finch, thrush, lark, swallow, yellow bird, blue bird, brown thresher, cat
bird, wren, martin, oriole, sea gull, woodpecker, bobolink, or any song bird or
insectivorous bird excepting black bird, blue jay, English sparrows and butcher bird.

Sec. 21. The term ‘‘game bird” used in’this act shall be construed to mean all
birds named or referred to except those mentioned and referred to in section twenty.

Sec. 27. [State game and fish warden authorized to issue permits in writing for
collecting birds for scientific or propagating purposes. Such permits are not trans-
ferable. ]
MICHIGAN—MINNESOTA. 69

Sec. 29. The injuring, destruction or killing of each animal and bird injured, cap-
tured, killed or destroyed contrary to the provisions of this act shall be a separate
offense, and the person so offending shall be liable to the penalties and punishments
herein provided for each such offense.

Sc, 30. Any person or persons violating any of the provisions of this act shall be
deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by
a fine not less than ten dollars and not exceeding one hundred and twenty-five dol-
lars, and costs of prosecution, or by imprisonment in the county jail not less than
thirty days and not exceeding six months, or by both such fine and imprisonment in
the discretion of the court.

Approved May 26, 1897.

Public Acts of 1899, No. 238, p. 374.

Src. 1. That hereafter no person or persons shall pursue, injure, kill or attempt
to kill, capture or attempt to capture by any means whatever, any mourning dove
within the limits of this State.

Src. 2. [Any person or persons violating any of the provisions of this act shall
be punished by a fine of $5-$100 or by imprisonment for 10 to 90 days, or by both
fine and imprisonment. ]

Approved June 15, 1899.

MINNESOTA. ‘

General Laws of 1897, chap. 221, pp. 413-427.

Src. 10 (as amended by Gen. Laws of 1899, chap. 242, p.275). No person shall
catch, take, kill or have in possession or under control, for any purpose whatever,
at any time, any whippoorwill, night hawk, bluebird, finch, thrush, linnet, lark,
wren, martin, swallow bobolink, robin, catbird, or any other harmless bird, except
blackbirds, crows, hawks and English sparrows, except as hereinafter allowed (but
nothing herein contained shall be construed to prevent the keeping of song birds as
domestic pets). It shall be unlawful, and is prohibited, to catch, take, kill, or have
in possession or ship any turtle dove * * * between the first day of November
and the first day of September following; * * * wild ducks * * * or any
variety of aquatic fowl whatever, between the first (1st) day of January and the first
(1st) day of September following. * * * Whoever shall offend against any of the
provisions of this section shall be guilty of a misdemeanor, and, on conviction thereof,
shall be punished by a fine of not less than ten (10) dollars nor more than twenty
five (25) dollars and costs of prosecution or by imprisonment in the county jail for
not less than ten (10) days nor more than thirty (80) days for each and every bird
so caught, taken or killed, shipped or had in possession or under control.

Sec. 11. No person, for any reason or purpose whatever, shall take or have in
possession or under control, break up or destroy, or in any manner interfere with
any nest, or the eggs therein, of any of the kinds of birds the killing of which is at
any or all times herein prohibited.

Any person offending against any provision of this section shall be guilty of a mis-
demeanor, and upon conviction thereof shall be punished by a fine of not less than
ten (10) dollars nor more than one hundred (100) dollars and costs of prosecution,
or by imprisonment in the county jail for not less than ten (10) days nor more than
ninety (90) days.

Sec. 12. No person shall at any time catch or kill any of the birds permitted to be
killed by this act at any time in any other manner than by shooting them with a gun
held to the shoulder of the person discharging the same.

No person shall at any time set, lay or prepare any trap, snare, net, birdlime, swivel
gun or any contrivance or device whatever with intent to catch, take or kill any of
70 LEGISLATION FOR THE PROTECTION OF BIRDS.

the birds in this act mentioned * * * [under same penalty as provided for
violation of section 11.] :

Sec. 13. [No person shall at any time catch, take, kill or have in possession any
of the birds mentioned in this act with intent to ship them out of this State, under
penalty of a fine of $10-$25 or imprisonment of 10-30 days for each and every bird
had in possession. ] .

Sec. 82. No person shall at any time have in possession or under control in this
State any bird, animal or fish caught, taken or killed outside of this State at a time
when it is unlawful to have in possession or under control such birds, animals or
fish when caught, taken or killed in this State [under penalty of a fine of $10-$50 or
imprisonment of 10-60 days for each and every bird had in possession].

Sec. 41. [Certificates for collecting birds, nests, and eggs for scientific purposes
may be granted by the board of game and fish commissioners to any member of any
incorporated society of natural history or other scientific body organized for the study
of natural history, or to any properly accredited person designated by such society;
but specimens thus collected can only be disposed of by exchange. Applicants must
file with the board of game and fish commissioners written testimonials, as to good
character and fitness, from two well known scientific men; a properly executed bond
of $100 signed by two responsible freeholders of the State as sureties; and must pay
said board the sum of two dollars. Such certificate to be in force for 1 year from
date of issue, and not transferable. Penalty for violation of this section a fine of
not less than fifty (50) dollars or imprisonment in county jail for sixty (60) days
or both.]

Approved April 23, 1897.
MISSISSIPPI.

Annotated Code, 1892, pp. 346, 538.

[Sxc.] 1134. If any person shall at any time shoot, wound, injure, kill, catch, or
pursue with such intent, a mocking-bird, or cat-bird, or thrush; or shall destroy or
rob the nest of any wild bird whatever, except crows, black-birds, English sparrows,
blue jays, hawks, owls, and other birds of prey, he shall be guilty of a misdemeanor,
and, on conviction, shall be fined not less than one dollar nor more than ten dollars,
or be imprisoned in county jail not exceeding ten days.

[Sxc.] 1135. If any person shall shoot, wound, injure, kill, catch or pursue with
such intent, any deer, or any turtle-dove (sometimes called mourning dove), or any
starling (commonly called field-lark), between the first day of March and the
fifteenth day of September, or any wild turkey, or any quail (usually called par-
tridges), between the first day of May and the first day of October, in any year, he
shall be guilty of a misdemeanor, and, on conviction, shall be punished by fine not
less than five dollars nor more than twenty-five dollars, or be imprisoned in the
county jail not exceeding thirty days; but this section, so far as it relates to deer and
wild turkeys, shall not apply to the counties of Calhoun, Clarke, Covington, Greene,
Jasper, Jones, Marion, Newton, Perry, Pearl-River, Simpson, and Smith. (Laws
1882, p. 146; Laws 1884, p. 129.)

[Src.] 1136. If any person, save in the counties named in the last section, shall
have in his possession, or shall sell or buy, or offer or expose for sale, or receive for
transportation or earriage, or on deposit, or for sale, or for any other purpose, any of
the eggs of any wild bird, except those in the section next before the last excepted,
* * * during the period in which it is made unlawful to kill such animal or birds,
he shall on conviction, be fined not less than one dollar nor more than twenty-five
dollars. (Laws 1882, p. 91.)

[Suc.] 2118. The term ‘‘game”’ includes all kinds of animals and birds found in
the state of nature, and commonly so called; * * *

[Suc.] 2119. The boards of supervisors are given full jurisdiction and authority for
MISSISSIPPI—NEBRASK A. 71

the protection and preservation of game and fish in their respective counties, and to
conserve the same for the use and consumption of the inhabitants.

Sxcs. 2120, 2121. [Boards of supervisors authorized to regulate times and places
in which game may be taken, and to adopt such regulations, not contrary to law, as
they deem necessary for the protection of game in their counties. ]

Sec. 2123. [Boards of supervisors may entirely prohibit the taking of any species
of game for one or more years or seasons when they believe that the species of game
is about to be destroyed or become extinct. ]

MISSOURI.
Laws of 1895, p. 182.

Src. 1. * * * It is further declared unlawful to kill any wild song bird or
insectivorous bird at any season of the year, or to disturb, rob or destroy the nests
of such birds, or take therefrom any egg or eggs. [Killing of turtle doves and meadow-
larks permitted between August 1 and January 1.] * * * And any person
offending against any of the provisions of this section shall be deemed guilty of a
misdemeanor, and subject to a fine of not less than ten dollars nor more than fifty
dollars.

Approved April 8, 1895.
MONTANA.

Laws of 1897, p. 251.

Src. 7. Every person, who, wilfully shoots, or otherwise kills or causes to be killed,
any meadow lark, biue bird, thrush, oriole, woodpecker, mocking bird, gold-finch,
snow-bird, cedar-bird, stork, or any other of the small birds known as singing birds,
shall be punishable by a fine not exceeding One Hundred Dollars, nor less than five
Dollars and by imprisonment in the county jail not to exceed three months, or by
both such fine and imprisonment.

Src. 9. Any person who shall wilfully destroy the nests or carry away the eggs
from the nests of any of the birds or wild fowls mentioned in this Act, shall be deemed
guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not
less than Five Dollars nor more than Twenty five Dollars for each offense committed,
or by imprisonment in the county jail for a period of not exceeding sixty days, or
both, at the discretion of the court.

Src. 25. None of the Sections of this Act shall apply to persons hunting or other-
wise engaged in collecting specimens under the direction of, and in the interest of
any State Educational Institution of the State of Montana.

Approved March 8, 1897.
NEBRASKA.

Compiled Statutes, 9th ed., 1899 (Criminal Code, Chap. XI), p. 1384.

Src. 6736. It shall be unlawful for any person in the State of Nebraska to know-
ingly and intentionally kill, injure, or harm, except upon the lands owned by such
person, any robin, lark, thrush, bluebird, king bird, sparrow, wren, jay, swallow,
turtle dove, oriole, wood pecker, yellow hammer, cuckoo, yellow bird, bobolink, or
other bird or birds of like nature, that promote agriculture and horticulture, by feed-
ing on noxious worms and insects, or that are attractive in appearance or cheerful
in song. Any person violating any of the provisions of this section shall be fined
not less than three nor more than ten dollars for each bird killed, injured, or harmed,
72 LEGISLATION FOR THE PROTECTION OF BIRDS.

NEVADA.
Statutes of 1898, Chap. XLIX, p. 49.

Sxc. 1. It shall be unlawful for any person or persons, firm, company, corporation
or association, to kill, destroy, wound, trap, snare, injure or in any other manner to
catch, or capture, or to pursue with such intent, any sparrow, bluebird, bluejay,
martin, thrush, mocking-bird, redbreast, cat-bird, wren, robin, meadow-lark, or
humming-bird, or any song bird, except linnets, within this State, or who shall take,
injure or destroy the nest or eggs of said before mentioned birds.

Sxc. 2 [(as amended by Statutes of 1895, Chap. LVIII, p. 55). Makes it unlawful
to kill sand hill cranes between April 1 and September 15, or bitterns and yellow
hammers between March 15 and September 15.]

Sec. 6. * * * Provided, that nothing in this Act shall be so construed as to pro-
hibit any person or persons, firm, company, corporation, or association, taking any
bird, fowl, or animal mentioned in this Act, at any time, for scientific purposes.

Sec. 7. Any person or persons, firm, company, corporation, or association, or com-
mon carrier, or the agent of any such firm, company, corporation, or association, or
common carrier, violating any of the provisions of this Act shall be deemed guilty of
a misdemeanor, and upon conviction be fined in any sum not less than twenty-five
($25) dollars, nor more than two hundred ($200) dollars, or imprisonment in the
county jail of the county in which said conviction is had, for any term not exceeding
six months, or by both such fine and imprisonment, and in addition to the costs now
allowed by law on criminal prosecution, twenty-five ($25) dollars liquidated damages,
shall be entered up as costs against each defendant, and * * * shall be paid to
the party instrumental in securing the arrest and conviction of said defendant.

Approved February 27, 1893.

NEW HAMPSHIRE.
Public Statutes, 1891, chap. 132, p. 365.

Sec. 1. If any person shall, at any season of the year, take or destroy any robin,
thrush, lark, bluebird, sparrow (except English sparrows), finch, bunting, martin,
oriole, swallow, flycatcher, warbler, tanager, bobolink, vireo, nuthatch, creeper,
woodpecker, humming-bird, or any other of the song or insectivorous birds, he shall
be fined five dollars for each bird so taken or destroyed, or be imprisoned not exceed-
ing thirty days, or both.

Sec. 6. If any person shall designedly take from the nest and destroy the eggs or
young of robins, thrushes, larks, bluebirds, sparrows (except English sparrows),
martins, woodpeckers, bobolinks, yellow-birds, linnets, flycatchers, warblers, * * *
or wild pigeons, he shall forfeit and pay, for every egg or young of any of said birds
so taken and destroyed, the sum of two dollars.

Suc. 9. The provisionsof this chapter shall not apply to the collecting of specimens
for the cabinet of an educational institution by the curator thereof, or by or under
his direction.

Laws of 1899, chap. 44, p. 2'79.

Sec. 1. If any person shall, for a period of three years from and after the passage
of this act, kill any American or bald eagle he shall be punished by a fine of forty
dollars for each bird so killed, or be imprisoned not exceeding three months, or both.

‘Approved March 8, 1899.
NEW JERSEY. 73
NEW JERSEY.
General Public Laws of 1895, Chap. CCLV, pp. 476-478.

Sec. 5 [(as amended by Laws of 1898, chap. 94). Permits killing of reedbirds’
between August 25 and January 1.]

Sec. 6 [(as amended by Act of April 14, 1896). Permits killing of doves in August
and September. ]

Src. 7. That it shall be unlawful to capture, kill or injure or have in possession
after the same have been captured, killed or injured, any night hawk, whip-poor-
will, thrush, meadow lark, finch, martin, barn swallow, woodpecker, robin, oriole,
red or cardinal bird, cedar bird, tanager, or other insectivorous bird, under a penalty
of twenty dollars for every bird so captured, killed, injured or had in possession;
Provided, That nothing in this section shall be so construed as to prevent the taking
or killing of English sparrows, cranes, hawks, crows, ravens, crow-blackbirds, king-
fishers or red-winged black birds.

Sec. 8. That it shall be unlawful to rob or destroy the eggs or nests of -any wild
bird whatever, under a penalty of twenty dollars for each and every nest so robbed.
or destroyed. ;

Sec. 11. That it shall be unlawful to catch, kill or injure, or to have unlawfully in
possession after the same has been caught, killed or injured, any goose, duck, brant
or other web-footed wild fowl, excepting only between the thirtieth day of Septem-
ber? and the first day of May, inclusive, in each and every year, under a penalty of
twenty dollars for every goose, duck, brant or other web-footed wild fowls caught,
killed, injured or had unlawfully in possession. [The term ‘other web-footed wild
fowls’’ includes gulls, terns, etc. ]

Sec. 15. [That it shall be unlawful to hunt with a gun or with a dog, or to carry a
gun in the fields or woods on Sunday. ]

Sec. 16. That nothing in this act shall be construed to prevent associations or
individuals from domesticating or bringing into this State any animals or birds for
the purpose of propagating the same, or keeping the same until a seasonable oppor-
tunity offers for their release.

Sec. 47. [Provides that in case of second conviction penalty shall be doubled. ]

Approved March 22, 1895.

Laws of 1899, chap. 180, p. 483.

Src. 1. A certificate may be granted by the New Jersey board of fish and game
commissioners to any properly accredited person of the age of eighteen years or
upward, permitting the holder thereof to collect birds and their nests and eggs for
strictly scientific purposes only.

Src. 2. [Applicant must present written testimonials from two scientific men,
certifying to his good character and fitness; must pay fee of one dollar; and must
file with said board a properly executed bond in the sum of two hundred dollars,
signed by two property holders of the State. ]

Sec. 3. [Certificates shall be in force one year from date of issue and shall not be
transferable. ]

Sec. 4. This act shall take effect immediately.

Passed March 24, 1899.

 

1Open season changed to September 1 to May 1 by Laws of 1900, chap. 73, sec. 5.
74 LEGISLATION FOR THE PROTECTION OF BIRDS.
NEW YORK.
Laws of 1900, chap. 20.

SEc. 20. Web-footed wild fowl shall not be taken or possessed from April thirtieth
to August thirty-first, both inclusive [on Long Island from May first to September
thirtieth, both inclusive, sec. 103]; or taken in the night from an hour after sunset
until an hour before sunrise. ,

Sec. 30. [Grebes and bitterns shall not be killed from May 1 to August 31, both
inclusive. (On Long Island grebes shall not be taken from December 31 to August
15, both inclusive, sec. 105, and bitterns from January 1 to June 30, both inclusive,
sec. 108.) ]

Sec. 33. Wild birds other than the English sparrow, crow, hawk, crane, raven,
crow-blackbird, common blackbird, kingfisher, and birds for which there is an open
season, shall not be taken or possessed at any time, dead or alive, except under the
authority of a certificate issued under this act. No part of the plumage, skin, or
body of any bird protected by this section shall be sold or had in possession for sale.

Sec. 34. Nests of wild birds other than the English sparrow, hawk, crane, crow,
raven, crow-blackbird, common blackbird, or kingfisher, shall not be robbed or
willfully destroyed except when necessary to protect buildings or prevent their
defacement.

Szc. 36. [Certificates for collecting birds, nests, or eggs for scientific purposes may
be granted by any society of natural history incorporated in the State, or by the
regents of the University of the State of New York, to any properly accredited per-
son of eighteen years of age or upward. The aprlicant for such certificate must pre-
sent written testimonials as to his good character and fitness from two well-known
scientific men. Applicants, except officers of the New York State Museum, must pay
one dollar and must also file a properly executed bond in the sum of two hundred .
dollars, signed by two responsible and approved sureties. Certificates shall be in
force for only one year from date of issue and shall not be transferable. ]

_ Sec. 38 (as amended by chap. 604, laws of 1900). [Birds or game taken in this
State shall not be transported without the State, nor taken or possessed with intent
to transport the same without the State. ]

Src. 389. A person who violates any provision of this article is guilty of a misde-
meanor, and is liable to a penalty of sixty dollars and to an additional penalty of
twenty-five dollars for each bird, or part of bird taken or possessed in violation
thereof.

Approved May 2, 1900.

Src. 1109, Penal Code. [Shooting or hunting upon the first day of the week is
prohibited. ]

NORTH CAROLINA.
Code of North Carolina, 1888, Vol. II, p. 235.

Sc. 2834. No person shall kill or shoot, trap or net any partridges, quail, doves,
robins, lark, mocking-birds or wild turkeys, between the first day of April and the
fifteenth day of October in each year; and the person so offending shall be guilty of
a misdemeanor, and fined not exceeding ten dollars for each offence. (1874-75, chap.
195; 1881, chap. 254.)

Sxc. 2837. [No person shall hunt or shoot wild fowl on Sunday. ]
NORTH DAKOTA—OHIO. 75

NORTH DAKOTA.
Laws of 1899, chap. 93, p. 125.

Sec. 2. [It shall be unlawful for any person to hunt, kill, or wound any of the
birds hereinafter mentioned without having first obtained a permit, under penalty of
a fine of $20 to $50 or imprisonment not exceeding 30 days: Provided, That nothing
in this section shall prevent any resident of this State, or member of his family liv-
ing at home, from hunting on lands owned or controlled by him during the open
season as provided by law, or shall prevent children under the age of 16 years from
hunting if they have the written consent of their parents or guardians. ]

Sec. 4. [The county auditor shall issue permits to any person applying therefor, on
payment of $25, if the applicant is a nonresident of the State, and on payment of 75
cents if a resident of this State. All permits shall expire on the thirty-first day of
December next after their issuance. It shall be unlawful for the State game warden
or any of his deputies, or any county auditor, to issue complimentary or special
permits. ]

Src. 7. Every person who either: ;

1 Shoots or kills * * * any song bird or insect-eating bird, except snipe or
plover, at any time; or

4 Shoots or killsany * * * crane * * * between the first day of May and
the twentieth day of August following; or

6 Uses or employes any trap, snare, net or bird lime, or medicated, drugged or
poisoned grain or food to capture or kill any of the birds mentioned in subdivisions
1, 2, 3, or 4 of this section; or

7 Wantonly destroys any nest or eggs of any of the birds mentioned * * *

Is guilty of a misdemeanor, and upon conviction thereof before any justice of the
peace of the county, is punishable by a fine of not exceeding ten dollars for each of
the birds mentioned in subdivisions 1, 2,3 or 4 of this section, so shot or killed or
nest or eggs so destroyed, and for each violation of subdivisions 5 or 6 of this sec-
tion. * * *

Approved March 8, 1899.
OHIO.

Revised Statutes, 1897 (as amended by General Acts of 1898, Vol. XCIII,
p. 106).

Src. 6960. No person shall at any time, kill or injure, or pursue with such intent,
any sparrow, nuthatch, warbler, flicker, viroe [vireo], wren, robin, catbird, tanager,
bobolink, blue-jay, oriole, grosbeak or red bird, creeper, redstart, waxwing, wood-
pecker, humming bird, bunting, starling, redwing, purple martin, brown thrasher,
American goldfinch, chewink or ground robin, pewee or phoebe bird, chickadee, fly
catcher, gnat catcher, mouse hawk, whippoorwill, snowbird, titmouse or eagle. No
person shall, at any time, destroy the eggs or nest of any of the birds named in this
section. Any person violating any of the provisions of this act shall be guilty of a
misdemeanor, and on conviction thereof, shall be fined as provided in section 6968;
provided further, that nothing in this act shall prohibit the killing of the house or
English sparrow at any time, by anybody, or prohibit the killing of the American
robin and blue-jay, by the owner or tenant of any premises where such birds are
found destroying berries or fruit growing on such premises.

Sc. 6960a. The provisions in section 6960 of this act shall not apply to any person
holding a permit giving the right to take birds or their nests and eggs for scientific
purposes as herein provided. [Permits may be granted by the president of the fish
76 LEGISLATION FOR THE PROTECTION OF BIRDS.

and game commission to any properly accredited person. Applicants must present
to said president of the fish and game commission written testimonials as to good
character and fitness from two well-known scientific men or teachers of science, must
pay one dollar, and must file a properly executed bond in the sum of one hundred
dollars signed by at least two responsible citizens of the State as sureties. Permits
shall be in force two years from date of issue and shall not be transferable. ] :

Sxc. 6961. [No person shall kill any dove except between July 4and December 15,
or destroy the eggs or nests of any of the birds named in this section. No person
‘shall hunt, shoot, or trap, or have in possession in the open air, the implements for
hunting, shooting, or trapping, on the first day of the week, called Sunday. ]

Passed April 12, 1898.

Sxc. 6965. [Prohibits killing, maiming, or discharging firearms at any wild pigeon
while it is on its nesting ground or at its roosting place, or breaking up or disturbing
any pigeon roost or nesting place or the birds therein, or discharging any firearm
within one-half mile of any pigeon roost or nesting place, or disturbing or destroy-
ing any pigeon eggs or nestlings, under penalty provided in section 6968. ]

Src. 6968. [Any person convicted of any violation of any of the provisions of this
act shall be fined not less than twenty-five (25) dollars, nor more than one hundred
(100) dollars, and in case of neglect or refusal to pay said fine, be imprisoned in the
county jail or workhouse, and shall there remain for the full period of thirty days.
(Revised Statutes, 1897. )]

OKLAHOMA.
Session Laws of 1899, Chap. XV, p. 164.

Sec. 1. It shall be unlawful for any person to wound, kill, ensnare, or trap in any
manner within this Territory, any * * * wren, martin, swallow, robin, turkey
buzzard, plover, dove or insectiverous [sic] birds, or pursue the same with such
intent or to have the same in their possession, except * * * it shall be lawful to
shoot plover and dove between the first day of August and the thirty-first day of
December of each year * * * and any person who shall violate any of the pro-
visions of this section, shall be deemed guilty of a misdemeanor, and shall be, on
conviction, fined not less than twenty-five dollars nor more than one hundred dol-
lars, with costs of suit, and in default of payment shall be committed until same is
paid.

Approved March 10, 1899.

OREGON.
General Laws of 1895, p. 59. Act to protect the native song birds.

Sec. 1. Every person who shall, within the State of Oregon, after the passage of
this act, for any purpose, injure, take, kill or destroy, or have in his possession, sell
or offer for sale any yellow-breasted chat, meadow lark, robin, song sparrow, lark-
finch, variegated thrush, wood thrush, hermit-thrush, American goldfinch, bluebird,
snowbird, oriole, lazuli-finch, house and winter wren, pine linnet, California linnet,
warblers, vireo, swallow, tanager, grossbeaks, kinglets or horned lark, shall be guilty
of misdemeanor.

Sxzc. 2. Every person who shall, within the State of Oregon, at any time after the
passage of this act, destroy or remove from nests of any yellow-breasted chat, meadow
lark, robin, song sparrow, lark-finch, variegated thrush, wood thrush, hermit-thrush,
American goldfinch, bluebird, snowbird, oriole, lazuli-finch, house and winter wren,
pine linnet, California linnet, warblers, vireo, swallow, tanager, grossbeak, kinglets
or horned larks, any egg or eggs of such birds or have in possession, sell, or offer for
OREGON—PENNSYLVANIA. 77

sale any such eggs, or willfully destroy the nests of any such birds shall be guilty of
a misdemeanor.

Sxc. 3. Every person convicted of a violation of any of the provisions of this act
shall be punished by a fine of not less than five dollars, and not more than one hun-
dred dollars, and in default of the payment of the fine imposed, shall be imprisoned
in the county jail of the county where the offense was committed, at the rate of one
day for each dollar of the fine imposed.

Approved February 23, 1895.

General Laws of 1895, p. 97. Act for the protection of game, fish and
wild fowl.

Sxc. 25. Every person who shall within the State of Oregon after the passage of
this act for any purpose injure, take, kill or destroy or have in his possession, except
for breeding purposes, sell or offer for sale any nightingale, skylark, black thrush,
gray singing thrush, linnet, goldfinch, greenfinch, chaffinch, bullfinch, red-breasted
European robin, black starling, grossbeak, Oregon robin or meadow lark or mocking
bird, shall be guilty of a misdemeanor.

Src. 26. Every person who shall within the State of Oregon at any time after the
passage of this act, destroy or remove from the nest of any nightingale, skylark,
black thrush, gray singing thrush, linnet, goldfinch, greenfinch, chaffinch, bullfinch,
red-breasted European robin, black starling, grossbeak or mocking bird, any egg or
eggs of such bird, or have in possession, sell or offer for sale any such egg or eggs, or
willfully destroy the nests of any such birds, shall be guilty of a misdemeanor.

Sec. 27. That every person who shall, within the State of Oregon, after the passage
of this act, willfully take, injure or destroy, any sea gull shall be guilty of a mis-
demeanor.

Sec. 31. Every person convicted of a violation of sections * * * [25, 26, and 27]
of this act shall be punished by a fine of not less than twenty-five dollars and not
more than two hundred dollars, or imprisonment in the county jail of the county
where the offense was committed for not less than three months, or both such fine
and imprisonment.

Approved February 25, 1895.

PENNSYLVANIA.
Laws of 1897, No. 1038, p. 124.

Sec. 1. [That there shall be no hunting or shooting on the first day of the week
called Sunday, under penalty of $25 for each offense, or imprisonment for a period of
one day for each dollar of penalty imposed. ]

Sec. 2. That no person in this Commonwealth shall kill, wound, trap, net, snare,
catch with birdlime or any similar substance, poison or drug, any bird of song or
any warbler, linnet, titmouse, blue bird, sparrow, yellow bird, thrush, downy wood-
pecker, hairy woodpecker, pileated woodpecker, red bellied woodpecker, red headed
woodpecker, catbird, pewee, vireo, martin, tanager, tiltup, blue finch, indigo bird,
oriole, shrike, kildeer, gnatcatcher, snow bird, hair bird, grossbeak, whip-poor-will,
cuckoo, chewink, chickadee, chat, phoebe bird, redstart, finch, humming bird, cow
bird, shore lark, wren, swallow, robin, grackle, meadow lark, nuthatch, least bittern,
swift, nighthawk, starling or bunting. Nor sball any person purchase or have in
possession, or expose for sale, any of the aforesaid song or wild birds, or the game
mammals killed or taken in this State except as hereinafter provided; but nothing
herein shall be construed to prevent the keeping of song birds in cages as domestic
pets. No person shall take or needlessly destroy the nest or eggs of any song or
78 LEGISLATION FOR THE PROTECTION OF BIRDS.

other wild birds except as hereinafter provided. This act shall not apply to any
person holding a certificate giving the right to take birds and their nests and eggs
and game mammals for scientific purposes in accordance with the following pro-
visions. [Certificates may be granted by board of game commissioners to any prop-
erly accredited person of fifteen years of age or upward. The applicant must present
to the board written testimonials as to his good character and fitness from two well
known scientific men, must pay five dollars, and must file a properly executed
bond in the sum of one hundred dollars signed by two responsible citizens of the
Commonwealth as sureties. Certificates shall be in force one year from date of
issue and shall not be transferable.] The English or European house sparrow, the
kingfisher, cooper’s hawk, sharp-shinned hawk, duck hawk, pigeon hawk, great
horned owl, and barred owl, green heron and night heron are not to be included among
the birds protected by this act. Any person or persons violating any of the pro-
visions of this act shall be liable to a penalty of ten dollars for each and every viola-
tion, or in default of payment thereof by imprisonment in the county jail for a period
of one day for each dollar of penalty imposed.

Sec. 6. [No person shall catch, take, kill or have in his possession any of the
birds, the killing of which is prohibited, with intent to ship or remove the same
beyond the limits of this State or with intent to allow or aid in the shipment or
removal thereof out of this State. ]

Sec. 10. Except as provided for in section two, no person, for any reason or pur-
pose whatever, shall take, have in his or her possession or under control, break or
destroy or in any manner interfere with any nest or the eggs therein or [of?] any of
the kinds of birds the killing of which is at any time or all time herein prohibited:
Provided, That this does not apply to persons who have obtained certificates permit-
ting them to collect the nests and eggs of wild birds other than game birds. Who-
ever shall offend against any of the provisions of this section shall be liable to a
penalty of fifty dollars for each and every offense so committed, or by imprison-
ment in the county jail for a period of one day for each dollar of penalty imposed.

Approved June 4, 1897. :

Sec. 11. (Act of June, 1878.) [No person shall kill any reedbird except in the
months of September, October and November. ]

Sec. 1. (Act of May 17, 1883.) [It shall be lawful to kill web-footed wild fowl
only from September 1 to May 1 in each year. ]

RHODE ISLAND.

General Laws, 1896, chap. 112, p. 380 (as amended by Public Laws of
1900, chap. 746.)

Sec. 1. Every person who shall take, kill, destroy, buy, sell, or offer for sale, or
have in his possession any wild bird, or birds, at any season of the year, except as
hereinafter provided, shall be fined twenty dollars for each of such birds.

Sec. 2. Every person who shall pursue with intent to kill any wild bird, exgept
as hereinafter provided, shall be fined twenty dollars for each offence.

Sec. 3. Every person who shall wilfully disturb or destroy the nest or eggs of any
wild bird, except as hereinafter provided, shall be fined twenty dollars for each
offence.

Sec. 5. Sections 1, 2, and 3 of chapter 112 shall not apply to the killing of English
sparrows, hawks (except fishhawks), owls, crows, and crow-blackbirds at any
season of the year, by any person on his own land.

Src. 11. Every person who shall between the sixteenth day of December and the
15th day of October next following, inclusive, shoot at or kill any bird upon land
not owned or occupied by himself, and without permission of the owner or occupant
RHODE ISLAND-—SOUTH CAROLINA. 79

thereof, shall forfeit and pay to the owner or occupant thereof five dollars for the first
offence and ten dollars for every subsequent offence in addition to the damages
sustained.

Src. 12. Any person above the age of fifteen years, having a certificate from the
curator of the museum of zoology of Brown University, the President of the Rhode
Island College of Agriculture and Mechanic Arts, or from any incorporated society
of natural history or college in the State, to the effect that said person is engaged in
the scientific study of ornithology, or is making collections in the interest of, or for
said institutions, or any one of them, may take the nest and eggs of, or at any season.
of the year may take or kill, any undomesticated birds, except those named in section
four [woodcock, ruffed grouse, quail, black duck, wood-duck, teal, coot, scoter, or
any other duck, geese, brant, peep, plover, snipe, sandpiper, sanderling, greater and
lesser yellowlegs, curlew, and rail].

Passed May 4, 1900.

Szc. 16 (as amended by chap. 678, Public Laws of 1899, p. 119). [Provides that the
governor shall appoint five commissioners of birds one from each county, who shall
hold office for three years and shall protect birds throughout the state and prosecute
every person violating laws relating to birds. Said commissioners may appoint depu-
ties not exceeding five in each county and any commissioner or deputy may arrest,
without warrant, every person whom they shall find pursuing with intent to kill, tak-
ing or killing birds, or who shall have birds in his possession contrary to the laws of
the state relating to birds; and may seize without warrant, any birds found in the
possession of any person when killing of such birds is prohibited. ]

Passed May 25, 1899.

SOUTH CAROLINA.
Revised Statutes, 1893, vol. 2, p. 405.

Sec. 426. It shall not be lawful for any person in this State to wantonly shoot, or
entrap for the purpose of killing, or in any other manner destroy, any bird whose
principal food is insects, or take or destroy the eggs or young of any of the species
or varieties of birds that are protected by the provisions of this Section, comprising
all the species and varieties of birds represented by the several families of bats,
whippoorwills, fly-catchers, thrashers, warblers, finches, larks, orioles, nut-hatchers
[sic], woodpeckers, humming birds, blue-birds, and all other species and varieties
of land birds, whether great or small, of every description, regarded as harmless in
their habits, and whose flesh is unfit for food, including the turkey buzzard, but
excluding the jackdaw, the crow, the crow black-bird, the eagle, and all hawks and
owls which prey upon other birds; and any person violating the provisions of this

Section shall on conviction thereof forfeit and pay a fine of ten dollars or be impris-
oned not less than ten days, * * * Provided, that no person shall be prevented
from protecting any crop of fruit or grain on his own lands from the depredations
of any birds herein intended to be protected. (1872, XIV, 160.)

Sxc. 427. No person or persons shall at any time or place within this State take,
kill, sell, expose for sale, export beyond the limits of the State, or cause to be taken,
killed, sold, exposed for sale or exported beyond the limits of the State, any mock-
ing bird, nonpareil, swallow, bee bird, red-bird, woodpecker, thrush or wren under
a penalty of five dollars for each bird so taken, killed, sold, exposed for sale or
exported beyond the limits of the State; and it shall be lawful for any person to
take or destroy any net, traps or snares used for taking such birds wheresoever found
set for such purpose: Provided, That nothing herein contained shall prohibit any
person from taking and keeping any bird of song or plumage for his own pleasure or
amusement, and not for sale, traffic or gain. (1878, XVI, 406; 1883, XVIII, 324.)

Src. 428. No person or persons shall destroy or rob the nests of any of the said
birds under a penalty of ten dollars for each offense.
80 LEGISLATION FOR THE PROTECTION OF BIRDS.

Suc. 432. It shall not be lawful for any person in this State to catch, kill, injure,
sell or expose for sale * * * any dove between the first day of March and the
first day of August. And any person so doing shall be deemed guilty of a misde-
meanor, and upon conviction thereof shall be fined not more than twenty dollars or
be imprisoned not more than thirty days.

Src. 433. Nothing herein shall apply to any person who shall kill or take any of
the said birds for the purpose of studying its habits or history, or having the same
stuffed and set up as a specimen, or to any person who shall kill on his premises any
of the said birds in the act of destroying fruit or grain crops.

SOUTH DAKOTA.
Session Laws of 1899, chap. 90, p. 111.

Src. 1. (1) Every person who shoots or kills * * * any song bird or insect
eating bird at any time, excepting crows, blackbirds and sparrows; or (2). * * *
kills any * * * wild crane between the first day of May and the first day of
September following; * * * or (4) uses or employs any trap, snare, net or bird
lime, or medicated, drugged or poisoned grain or food to capture or kill any of the
birds mentioned * * * or (5) wantonly destroys any nest of [or] eggs or [of]
any of the birds mentioned * * * (8) is guilty of a misdemeanor, and upon con-
viction thereof before a justice of the peace of the county, is punishable by a fine of
not more than ten dollars ($10) for each of the birds mentioned * * * so shot
or killed or nests or eggs so destroyed.

Sec. 4. Any attempt to violate any provision of any section of this Act shall be
deemed a violation of such provision.

Approved March 6, 1899.
TENNESSEE.!

Annotated Code, 1896.

[Articte XI, section 13 of the constitution provides that ‘‘The general assembly
shall have power to enact laws for the protection and preservation of game and fish
within the State, and such laws may be enacted for and applied and enforced in
particular counties or geographical districts, designated by the general assembly.’’]

Src. 2898. [It shall be unlawful for any person to kill ‘‘any song bird, or bird that
feeds on insects that destroy fruit trees,’’ in the county of Hardin between March 15
and September 15, or to destroy the nests or young of such birds. (1889, chap. 95,
sec. 2.)]

Sc. 2899. [Penalty for violation of section 2898, a fine of not less than $5.]

Secs. 2905, 2907. [Prohibit killing of larks in Warren County between March 1 and
October 1, under penalty of fine of $10 to $25 for each lark killed., (1895, chap. 162.) ]

Src. 2936. No person shall hunt, capture, or kill any song bird, as the mocking
bird, thrush, robin, and oriole; or any game bird asthe * * * lark; or any bird
that feeds on insects which destroy fruit trees, as the sparrow, catbird, bluebird, and
woodpecker, in Robertson, Davidson, Maury, and Shelby counties, from the first day
of February to the first day of September; nor in Lincoln county from the first day
of March to the fifteenth day of September. (1873, chap. 83; 1877, chap. 162; 1870,
chap. 99.)

Sxc. 2937. No person shall at any time destroy the nests or eggs of any of said birds
in any of the counties named in last section. (Ibid.) -

 

These laws are compiled from the Annotated Code. There may be other County
laws passed since 1896 which have been overlooked.
TENNESSEE—TEXAS. 81

Src. 2938. [Penalty for violation of sections 2936 and 2937, fine of $5 for every bird
killed, and also for every nest robbed or destroyed. ]

Secs. 2940-2941. [Prohibit killing of larks, from March 1 to September 15, or killing
of mocking birds, thrushes, robins or orioles, ‘‘ or any birds known to destroy insects,
as the sparrow, bluebird, woodpecker, or yellowhammer;’”’ or to destroy their nests
or eggs in Henry, Dyer, Giles, Maury, Davidson, Madison, Hamilton, Bedford, and
Wilson counties under penalty of fine of $2.50 for every bird killed or nest robbed
or destroyed. (1875, chap. 127; 1887, chap. 130.)

Doves, larks and robins may be killed in Wilson county between August 1 and
April l. (Acts 1899, chap. 57, sec. 4, p. 80.) ]

Sxcs. 2943-2946. [Prohibit killing in Montgomery and Cheatham counties ‘ any
song bird as the mocking bird, thrush, robin, or oriole; or any bird that feeds on
insects, as the sparrow, catbird, bluebird or woodpecker”’ or lark from March 1 to
October 15, or killing of doves from March 1 to August 1, or destroying the nests and
eggs or holding any lark or dove in captivity during close season, except oath is made
at time of acquiring possession that they are retained in captivity for purpose of
being set free in county aforesaid, under penalty of punishment for misdemeanor.
(1879, chap. 22.).] ;

Sec. 2957. [Prohibits killing, in Greene and Bradley counties, of larks and doves
between February 1 and November 1, or killing or capture of ‘any of the birds of song
as the thrush, the robin, the redbird, the oriole, the mocking bird,” or ‘‘any of the
birds known to destroy insects, as the American sparrow, bluebird, woodpecker, yel-
lowhammer,’”’ under penalty of fine of not less than $5 or imprisonment not less than
five days. (1893, chap. 152.).]

TEXAS.
Revised Statutes, 1895, Penal Code, Title XIII, chap. 5, p. 100.

Art. 518. If any person shall willfully kill or in any manner injure any mocking
bird, whippoorwill, night hawk, blue bird, red bird, finch, thrush, linnet, wren,
martin, swallow, bobolink, cat bird, nonpareil, scissortail, sparrow, buzzard or carrion
crow, he shall be deemed guilty of a misdemeanor, and upon conviction before a jus-
tice of the peace or other court of competent jurisdiction, he shall be fined a sum of
not less than five nor more than fifteen dollars. (Act March 15, 1881, p. 30.)

Arr. 519. If any person shall willfully kill any seagull, tern, shear-water, egret,
heron, or pelican, or shall willfully take from their nests or in any manner destroy
any egg or eggs of any seagull, tern, shear-water, egret, heron or pelican, he shall be
deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by
a fine of not less than five nor more than twenty-five dollars; provided, that the kill-
ing of any of the birds above enumerated, or taking of their eggs with intent to pre-
serve the same for scientific purposes, shall not be construed to be a violation of this
act. (Act April 13, 1891, chap. 71, p. 90.)

Arr 520 (as amended by Acts of 1895, p. 158). [The following counties are hereby
exempted from the provisions of article 518: Cherokee, Shelby, Franklin, Rockwall,
Hopkins, Williamson, Coryell, Mills, Commanche, Runnels, Cooke, Wise, Madison,
Clay, Jack, Stephens, Polk, Throckmorton, Callahan, Taylor, Jones, Kent, Garza,
Lynn, Terry, Yoakum, Trinity, Archer, Lamar, Cass, San Jacinto, Camp, Dimmit,
Jackson, Kaufman, Angelina, Sabine, Walker, Trinity, Panola, Jack, Young, Lee,
Bastrop, Brazos, Wilson, Freestone, Lampasas, Brazoria, Nacogdoches, Hill, Rusk,
Burnet, Karnes, Atascosa, Wood, Rains, and San Augustine. (See p. 46.)]

22186—No. 12 6

 
82 LEGISLATION FOR THE PROTECTION OF BIRDS.

UTAH.
Laws of 1899, chap. 26, p. 42.

Src. 21. [Permits killing of mourning doves between July 1-and December 1, but
prohibits the robbing or destroying of nests, eggs or young. |

Sec. 22. It shall be unlawful for any person to kill, ensnare, net or entrap at any
time in any year any gull, owl, hawks, lark, whippoorwill, thrush, swallow, snow-
bird, robins or other insectivorous or song birds, except the English sparrow, or to
rob or destroy the nests; eggs or young of any of said protected birds mentioned in
this section.

Sec. 27. Any person violating any of the provisions of thisact * * * shall be
guilty of a misdemeanor and shall be fined not less than ten dollars.

Sec. 29. [It shall be unlawful for any person at any time to ship or cause to be
shipped out of the State, any of the birds or any part thereof mentioned in this act, ]

Approved March 9, 1899.
VERMONT.

Vermont Statutes, 1894, title 31, chap. 189, p. 829.

Sec. 4614. If a person shoots, or otherwise intentionally wounds, entraps, ensnares
or captures a wild or undomesticated bird, except quail, woodecock, wild duck, Wil-
son’s or English snipe, ruffed grouse, wild goose, plover, pheasant, English partridge,
merganser, blue heron, bittern, loon, English sparrow, crow black bird, crow, jay,
or birds of prey, or if a person destroys the nest or eggs of any wild or undomesti-
cated birds, except the nest or eggs of a merganser, blue heron, bittern, loon, English
sparrow, crow black bird, crow, jay and birds of prey, he shall be fined five dollars
for each offense.

Src. 4613 (as amended November 4, 1898, Act 104, p. 81). [Provides for permits to
collect for scientific purposes as follows: ‘‘The fish and game commissioners may
commission persons, for a time specified, reserving a power of revocation, to take,
kill, capture and have in possession any species of birds other than domestic, and
the nests and eggs thereof, for scientific purposes only, but the number of such com-
missions in force at any one time shall not exceed five.’’]

VIRGINIA. !
Code, 1887, title 27, chap. 95, p. 520.

Sec. 2079. It shall be unlawful for any person * * * i

Third * * * atany time, to kill the turkey buzzard or black buzzard, or to
capture, for sale or transportation, or kill the mocking bird, or kill or capture the
brown thrush, cardinal or red bird, wood robin, blue bird, house martin, or starling,
or destroy their nests or

Fifth * * * to shoot, or in any manner kill or destroy the bird known as the
gull or striker, before the first day of September, or take its eggs later in the season
than the twentieth of July.-

_ Sxc. 2080. If any person violate any of the provisions of the preceding section, he
shall be deemed guilty of a misdemeanor, * * * the offender shall be fined ten
dollars for each offence and imprisoned in jail until the fine be paid, but not exceed-
ing thirty days.

Src. 2081. The two preceding sections shall not apply to the counties of Mecklen-
burg, Brunswick, Dinwiddie, Sussex, Greenesville, Cumberland, N ottoway, Lunen-
burg, Amelia and Appomattox. * * *

 

‘No attempt has been made to include the special county laws.
WASHINGTON—-WEST VIRGINIA. 83

WASHINGTON.
Session Laws of 1897, Chap. LII, p. 86.

Src. 9. [Prohibits trapping of wild pigeons under penalty provided in section 18.]
‘Src. 16. Every person who shall, at any time, take, kill, injure or destroy, trap,

ensnare, molest or disturb, or have in his possession, sell, or offer for sale, any night-
ingale, skylark, black thrush, gray singing thrush, goldfinch, greenfinch, bullfinch,
red breasted robin, English robin, black starling, grosbeak, meadow lark, mocking
bird, wild canary bird, or other song bird, shall be guilty of a misdemeanor, and
upon conviction thereof shall be punished as hereinafter provided. :

Src. 17. Every person who shall at any time, take from the nest of any song bird,
the egg or eggs of such birds, or disturb, molest or destroy the nest of the song birds
of this state shall be guilty of a misdemeanor, and upon conviction thereof shall be
punished as hereinafter provided.

Src. 18. Every person convicted of any of the misdemeanors - defined in the fore-
going sections of this act, shall be punished by a fine of not less than ten dollars ($10)
nor more than one hundred ($100) dollars, together with the costs of the prosecution
in such action, and in default of the payment of said fine, shall be imprisoned in the
county jail one day for each two dollars ($2) of such fine.

Approved March 11, 1897.

Session Laws of 1899, Chap. V, p. 7.

Sec. 1. [Every person who shall kill any sandhill crane between March 1 and
August 15 of any year shall be guilty of a misdemeanor. ]

WEST VIRGINIA.
Code, 1891, Chap. LXII, p. 604.

Src. 10 (as amended by Acts of 1897, chap. 30, p. 85). It shall be unlawful for any
person at any time to catch, kill or injure, or pursue with intent to catch, kill or
injure, or to have in his possession, either dead or alive, any of the birds, or their
kindred or allied species, in this section hereinafter mentioned; and it shall, also, be
unlawful for any person to disturb or destroy the eggs or nest of any of the birds or
their kindred or allied species, in this ‘section hereinafter named; that is to say:
turkey buzzard, the family of pingilladz [sic] or sparrows, except English sparrows,
robin, bluebird, martin, thrush, mocking-bird, swallow, oriole, cat-bird, chewink,
wren, cuckoo, indigo-bird, nuthatch, yellow-hammer or flicker, warbler or finch,
redstart, dummock, nightingale, crossbill, Hungarian robin, titmouse, tit or tomtit,
woodpecker or purple grackle, red-wing, blackbird, -blue-jay, phcebe-bird or pewee,
redbird or cardinal grosbeck, humming-bird, dove, whip-poor-will and any other
bird whose habits are not essentially predatory upon and destructive of the agricul-
tural products of man.

Approved February 24, 1897; in effect May 23, 1897.

Sec. 12. And it shall be unlawful for any person to destroy or disturb the eggs cf
any of the birds protected by this chapter; and any person offending against any of
the foregoing provisions of this chapter, shall be fined in any sum not less than two
dollars, nor more than twenty-five dollars, for each -offence on conviction in the
proper court, or be imprisoned in the county jail not more than twenty days, or both
at the discretion of the court, and pay the costs of prosecution. (Acts 1875, chap.
117; 1882, chap. 89.)
84 LEGISLATION FOR THE PROTECTION OF BIRDS.

WISCONSIN.
Wisconsin Statutes, 1898, chap. 62, vol. 1, p. 1112.

Sxc. 1498i. The [fish and game] warden may grant, on satisfactory testimonials of
well-known scientists only, a certificate to any member of an incorporated society of
natural history or to any professor of any university, school or college, or any person
properly accredited by any such institution, authorizing such person or institution to
collect, for scientific purposes only, the nests, eggs, animals, birds and fish protected
by these statutes. No person to whom such certificate is issued or who acts under
the same shall dispose of any such specimens except in exchange for scientific
purposes. A

Wisconsin Statutes, 1898, chap. 185, vol. 2, p. 2759.

Src. 4563 (as amended by Acts of 1899, chap. 267, sec. 1). [Any person who shall
take, catch or kill any wild duck, brant, or any aquatic fowl, excepting wild geese,
between January 1 and September 1, shall be punished by a fine of $20 to $50, or
by imprisonment of 10 to 60 days, or by both such fine and imprisonment. ]

Suc. 4565 (as amended by Acts of 1899, chap. 311, sec. 10, p. 558). Any person
who shall catch or kill at any time, or for any purpose whatever, except as author-
ized by law, any whippoorwill, night-hawk, bluebird, finch, thrush, robin, lark, tur-
tle dove, or any other harmless bird shall be punished by a fine of not more than
fifty dollars or by imprisonment in the county jail for not more than thirty days,
provided that this section shall not apply to blackbirds, crows, English sparrows or
pigeons for trapshooting.

Src. 4565a. ‘Any person who shall take or destroy the eggs or nest of any water-
fowl or bird, except crows and English sparrows, shall be punished by a fine of not
more than five dollars or by imprisonment in the county jail for not more than ten
days.

Sec. 4566a. An attempt to violate any of the provisions of the * * * preceding
sections shall be deemed a violation thereof.

[Nore.—The index refers to ‘ Birds not killed for millinery purposes, § 4567a, p.2761.’. No such sec-
tion has been found, the one indicated referring to fish.]

WYOMING.
Session Laws of 1899, chap. 19, p. 31.

Ssc. 12. No person shall kill, net or trap within this State, except as hereinafter
provided, any * * * Lark, Whippoorwill, Finch, Thrush, Snow-bird, Turkey
Buzzard, Robin or other insectivorous birds) * * *

Any person who shall violate any of the provisions of this Section shall be deemed
guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not
less than ten, nor more than fifty dollars, together with costs of suit, and shall be
prosecuted and punished in the same manner as in other cases of misdemeanor.

Suc. 13. [Killing of wild swans prohibited at any time under a penalty of $10 to
-$25 and imprisonment not exceeding 60 days.]

Approved February 15, 1899.
Ill. CANADIAN LAWS FOR THE PROTECTION OF BIRDS.

Measures for the protection of birds in the Provinces of Canada are
similar in many respects to those in force in the United States.
British Columbia, Manitoba, New Brunswick, Nova Scotia, Ontario,
and Quebec all have statutes relating to non-game birds, but appar-
ently no such laws are in force in Prince Edward Island or the North-
west Territories. The recent laws of Manitoba have not been seen,
and it is possible that some amendment to the Revised Statutes which
should be included has been overlooked.

BRITISH COLUMBIA.
Statutes of 1898, chap. 24, p. 123.

[Szc.] 2. * * * The expression, ‘‘game bird,’’ wherever the same occurs in
this Act, shall mean a bird protected by the provisions of this Act.

[Szc.] 5. No person other than the importer, on his own property held as a pri-
vate reserve, shall hunt, trap, take, shoot at, kill or wound any game birds or ani-
mals hereafter imported for acclimatization purposes and distributed in any part of
the Province, until such time, and thereafter under such regulations, as the
Lieutenant-Governor shall appoint and make under the provisions of section 23
hereof.

[Szc.] 7. No eggs of any of the birds mentioned in this Act shall be taken,
destroyed or had in possession by any person at any time: Provided, however, It shall,
be lawful for the Provincial Secretary, on such conditions as he shall think fit, by
writing under his hand, to at any time authorise any person to trap or have in his
possession any birds, or take eggs, for breeding or acclimatization purposes. * * *

[Sec.] 10. It shall be unlawful to catch, kill, destroy or pursue, or to buy, sell, or
expose for sale, show or advertisement, any of the game birds or animals during the
close seasons and prohibited times of sale set out in the following Schedule B, which
is deemed to be part of this Act, or otherwise contravene the provisions thereof.

{Schedule B declares it unlawful at any time to shoot or destroy, buy, sell, or
expose for sale, show, or advertisement, birds living on noxious insects, blackbirds
(English), chaffinch, gull, linnet, robin, skylark, thrush, or eggs of protected birds.
It is unlawful to shoot or destroy bittern or meadow lark between March 1 and
August 31, or to buy, sell, or expose for sale at any time. ]

[Sec.] 12. The provisions of this Act shall not apply to * * * the Curator of
the Provincial Museum, or his assistant, assistants, or agent (appointed by him in
writing), while collecting specimens of natural history for the Provincial Museum.

[Sxc.] 23. It shall be lawful for the Lieutenant-Governor, in Council from time to
time to make rules and regulations, not inconsistent with the provisions of this Act,
for carrying out the true intent and meaning hereof, and for the protection of game

85
86 LEGISLATION FOR THE PROTECTION OF BIRDS.

in the Province, and to provide penalties for the infraction thereof, and such rules
and regulations, after being published in two successive issues of the British Columbia
Gazette, shall have the force and effect of law.

MANITOBA.
Revised Statutes, 1891, I, chap. 75, p. 803.

[Szc.] 1. This Act may be cited as ‘“‘ The Insectivorous Birds Act.”

[Sxc.] 2. Nothing in this Act contained shall be held to affect ‘“The Game Protec-
tion Act,’’ or to apply to any imported cage birds or other domesticated bird or
birds generally known as cage birds, or to any bird or birds commonly known as
poultry. (53 V., c. 33, 8. 1.)

[Src.] 3. It shall not be lawful to shoot, destroy, wound or injure, or to atterapt
to shoot, destroy, kill, wound or injure, any bird whatsoever, save and except
eagles, falcons, hawks, owls, wild pigeons, black-birds, king-fishers, ‘jays, crows,
English sparrows, ravens, shrikes, bitterns, curlews, cranes, rusty grackle, purple
grackle, cormorants, gulls, mergansers, pelicans, loons and the birds specially men-
tioned in ‘‘The Game Protection Act.”’ (53 V., ¢. 33, s. 2.)

[Sec.] 4. It shall not be lawful to take, capture, buy, sell, expose for sale or have in
possession any bird whatsoever, save the kinds hereinbefore or hereinafter excepted,
or to set, wholly or in part, any net, spring, snare, cage or other machine or engine
by which any bird whatsoever, save and except eagles, falcons, hawks, owls, wild
pigeons, black-birds, king-fishers, jays, crows, English sparrows, ravens, shrikes, bit-
terns, curlews, cranes, rusty grackle, purple grackle, cormorants, gulls, mergansers,
pelicans and loons, might be killed and captured; and any net, trap, spring, snare,
cage or other machine or engine, set either wholly or in part for the purpose of cap-
turing or killing any bird or birds, save and except eagles, falcons, hawks, owls, wild
pigeons, black-birds, king-fishers, jays, crows, English sparrows, ravens, shrikes,
bitterns, curlews, cranes, rusty grackle, purple grackle, cormorants, gulls, mergansers,
pelicans and loons, may be destroyed by any person without such person incurring
any liability therefor. (53 V., c. 33,8. 3.)

[Src.] 5. It shall not be lawful to take, injure, destroy or have in possession any
nest, young or egg of any bird whatsoever, except of eagles, falcons, hawks, owls,
wild pigeons, black-birds, king-fishers, jays, crows, English sparrows, ravens; shrikes,
bitterns, curlews, cranes, rusty grackle, purple grackle, cormorants, gulls, mergan-
sers, pelicans and loons. (53 V., c. 33, s. 4.)

[Sxc.] 7. The Minister of Agriculture and Immigration and all persons authorized
by him to that effect may grant written permission to any person or persons who
may be desirous of obtaining birds or eggs for bona fide scientific purposes to procure
them for those purposes, and such person or persons receiving such permission shall
not be liable to any penalty under this Act. (53 V., ¢. 38, s. 6.)

[Src.] 8. The violation of any provision of this Act shall subject the offender to a
fine of not less than one dollar and not more than twenty dollars, with costs, on
‘summary conviction, on information or complaint before one or more justices of the
peace or a police magistrate. (53 V., ¢ 33, 8. 7, 8-8. 1.)

NEW BRUNSWICK
Acts of the General Assembly of 1899, Chap. VIII, p. 61.

[Suc.] 2. (b) The expression ‘‘game’’ includes any animal or bird mentioned in
this Act, or of a species or class similar thereto.

[Szc.] 4. Everyone is guilty of an offence and liable to the penalty hereinafter pro-
vided who at any time or season hereafter, in any part of the Province:
NEW BRUNSWICK—-NOVA SCOTIA. 87
(a) Hunts, takes, hurts, injures, traps, snares, shoots, wounds, killsordestroys: * * *

II. Any game on Sunday: [Penalty, double that for killing same game on any -
week day in close season. | ;

III. Any game in any park, pleasure resort, land or forest now or hereafter set
apart or reserved for public park purposes: [Penalty, double that for killing same
game in any other closed district. ]

IV. Any sea gull, pheasant or any small birds which frequent the fields and woods
(except such birds as to which special provisions are made in this Act, and excepting
also blackbirds, crows and English sparrows), or removes, damages or destroys the
nest or eggs thereof. [Penalty, $5 fine or 5 days’ imprisonment. ]

[Suc.] 7. Notwithstanding anything in this Act contained it shall be lawful to

(a) Hunt, take, shoot or kill * * *

II. Any game for preservation as specimens of natural history, or for scientific
investigation, provided a license therefor is first obtained as provided in section 44.

[Sec] 44. * * * The Surveyor-General may also issue licenses permitting the
taking or killing of any game within the Province for preservation as specimens of
natural history, or for scientific investigation.

[Sxc.] 45. No license or permit issued under the provisions of this Act shall be
valid unless signed by the Surveyor-General and countersigned }y the chief game
commissioner or warden who may have issued the same.

NEWFOUNDLAND.
Consolidated Statutes, second series, 1892, chap. 144, p. 980.

(Sec. ] 2. No person shall hunt, wound, kill, take, sell, purchase, or give away, or
have in his possession, any curlew, plover, snipe, or other wild or migratory birds
(excepting wild geese), or the eggs of any such birds, within this colony between
the twelfth day of January and the twentieth day of August in each year, under a
penalty of not less than twenty-five dollars nor exceeding two hundred dollars, or,
in default of payment, of imprisonment for a period not exceeding three months.

[Src. 10 (Act of 1899). Any person, except a traveler on a journey, found on
Sunday carrying firearms, shall be subject to a fine not exceeding $40, and in default
of payment to imprisonment not exceeding one month. ]

NOVA SCOTIA.
Statutes of 1896, chap. 4.

[Src.] 22. The killing of robins, swallows, sparrows and other small birds and
birds of song, which frequent the fields and gardens, and the selling and offering for
sale, and the having in possession such birds when killed, is prohibited and unlawful.

[Src.] 23. Any game mentioned in this Act may be killed or taken at any time for
purposes of scientific investigation, and the eggs of game birds procured for propa-
gation, a special license, setting forth the particular purpose of the inquiry, and
signed by the Provincial Secretary or his deputy, having been first obtained for that
purpose from the Provincial Secretary’s office.

[Src.] 24. The trapping, snaring or otherwise taking alive, or exposing for sale
alive, of any of the birds mentioned in the twenty-second section, and the destroying
of the nests or eggs of such birds, shall hereafter be unlawful, and any such trap or
snares when found may be destroyed, and any such bird if alive shall be set free.

(Szc.] 25. Any person offending against the twenty-second or twenty-fourth section,
shall for each offence incur a penalty of one dollar.
88 LEGISLATION FOR THE PROTECTION OF BIRDS.

ONTARIO.
Revised Statutes, 1897, chap. 289.'

[Sec.] 1. Nothing in this Act contained shall be held to affect The Ontario Game
Protection Act, or to apply to any imported cage birds or other domesticated bird or
birds generally known as cage birds, or to any bird or birds generally known as
poultry. (52 V., c. 50, s. 1.)

[Sxc.] 2. (1) Except as in section 6 of this Act provided, it shall not be lawful to
shoot, destroy, wound, catch, net, snare, poison, drug or otherwise kill or injure,
or to attempt to shoot, destroy, wound, catch, net, snare, poison, drug or otherwise
kill or injure any wild native birds other than hawks, crows, blackbirds and
English sparrows, and the birds specifically mentioned in The Ontario Game Protec-
tion Act.

(2) Any person may, during the fruit season, for the purpose of protecting his
fruit from the attacks of such birds, shoot or destroy, on his own premises, the bird
known as the robin without being liable to any penalty under this Act. (52 V.,
c. 50, 8. 2.)

[Src.] 3. ‘Except asin section 6 of this Act provided, it shall not be lawful to take,
capture, expose for sale or have in possession any bird whatsoever, save the kinds
hereinbefore or hereinafter excepted, or to set, wholly or in part, any net, by which
any bird whatsoever, save and except hawks, crows, blackbirds and English spar-
rows, might be killed and captured; and any net, trap, springe, snare, cage or other
machine or engine, set either wholly or in part for the purpose of either capturing
or killing any bird or birds, save and except hawks, crows, blackbirds and English
sparrows, may be destroyed by any person without, such person incurring any
liability therefor. (52 V., c. 50, s. 3.)

[Suc.] 4. Save as in section 6 of this Act provided, it shall not be lawful to take,
injure, destroy or have in possession any nest, young or eggs of any bird whatsoever,
except of hawks, crows, blackbirds, and English sparrows. (52 V., c.50,s. 4.)

[Sec. 6. The chief game warden may grant to ornithologists, students of ornithology,
biologists, or students of biology, permits to collect, purchase or exchange birds or
eggs. |

[Sec. 7. Such permits shall continue in force until the end of the calendar year in
which issued, and-may be renewed at the option of the chief game warden. ]

[Sxc. 8. Violation of any provision of this Act shall subject the offender to the
payment of a finé of $1-$20 with costs, or in default of payment imprisonment of
from 2 to 20 days. ]

Ontario Game Protection Act, 1900.

[Szc. 4. No person shall kill ducks of any kind or any other waterfowl between
December 15 and September 1 of the following year. ]

[Suc. 6. No person shall, on the Lord’s Day, hunt, take, kill, or destroy any game
animal or bird, or use any gun for that purpose. ]

QUEBEC.
Statutes of 1899, Chap. XXIV, p. 73.
[Sc.] 1895h. For the purposes of this act, which may be cited as the ‘‘Quebec

Game Laws,” the Province of Quebec is divided into two zones, known respectively
as Zone No. 1 and Zone No. 2.

 

1For the copy of this law I am indebted to Mr. H. S. Osler, of Montreal.
QUEBEC. 89

Zone No. 1 comprises the whole Province, less that part of the counties of Chi-
coutimi and Saguenay to the east and north of the river Saguenay.

Zone No. 2 comprises that part of the counties of Chicoutimi and Saguenay to the
east and north of the river Saguenay.

[Src.] 1401. It is forbidden at all times [under a penalty of $2 to $5, provided by
sec. 1410] to shoot or kill, and, between the first day of March and the first day of
September in each year, to take by means of nets, traps, springs, snares, cages or
otherwise any of the birds known as perchers, such as swallows, kingbirds, warblers,
flycatchers, woodpeckers, whip-poor-wills, finches, (song sparrows, red-birds, indigo
birds, &c.,) cow-buntings, titmice, goldfinches, grives, (robins, wood-thrushes, &c.,)
kinglets, bobolinks, grakles, grosbeaks, humming-birds, cuckoos, &c., or to take their
nests or eggs, except eagles, falcons, hawks and other birds of the falconide, owls,
wild-pigeons, kingfishers, crows, ravens, waxwings (recollets), shrikes, jays, magpies,
sparrows and starlings; and whosoever finds any nets, traps, springs, snares, cages,
&c., so placed or set, may take possession of or destroy the same. (R. 8. Q., 1401.)
[This section applies to both zones 1 and 2.]

[Sec.] 1417. The Commissioner may grant written licenses to any person, bona fide,
desirous of obtaining birds’ eggs or fur-bearing or other animals for scientific or
breeding purposes during the close season.

Persons not domiciled in the Province of Quebec shall for such licenses, pay a fee
which shall not be less than five dollars, nor more than twenty-five dollars, to be
determined by the Commissioner according to the number and importance of the
objects such licenses are applied for.

No person, who has obtained such a license, shall be liable to any penalty enacted
by this section, provided that, at the expiration of his license, he files, in the Depart-
ment of Lands, Forests and Fisheries, a solemn declaration setting forth the species
and number of birds, eggs and fur-bearing or other animals so procured by him
for scientific or breeding purposes. (R. 8. Q., 1417; 59 V., c. 20, 8. 9.)

[Src.] 1420. The Lieutenant-Governor in Council may, in his discretion, prohibit
the hunting or killing of any bird or fur-bearing animal, for a period not exceeding
five years. (R. 8S. Q., 1420.)

Assented to, February 25, 1899.
IV. BIRD AND ARBOR DAY LAWS.

CONNECTICUT.
Public Acts of 1899, chap. 14, p. 992.

Section 1576 of the general statutes is hereby amended to read as follows: The
governor shall annually, in the spring, designate, by official proclamation, an arbor
and bird day, to be observed in the schools, and in any other way as shall be indi-
cated in such official proclamation.

Approved March 17, 1899.
MINNESOTA.

General Laws of 1899, chap. 36, p. 34.

Sec. 1. The governor is hereby authorized to set apart each year by proclamation
one day to be designated as Arbor and Bird Day, and to request its observance by
all public schools, private schools, colleges and other institutions, by the planting of
trees and the adornment of the school and public grounds and by suitable exercises,
having for their object the advancement of the study of arboriculture and promotion
of the spirit of protection to birds and trees and the cultivation of an appreciative
sentiment concerning them.

Approved March 3, 1899.
WISCONSIN.
Laws of 1897, chap. 61, p. 87.

Sec. 1. * * * The governor is hereby authorized to set apart each year, by
proclamation, one day, to be designated as Arbor and Bird Day, and to request its
observance by all public schools, private schools, colleges and other institutions, by the
planting of trees, adornment of school and public grounds, and by suitable exercises
having for their object the advancement of the study of arboriculture, the promotion
of a spirit of protection to birds and trees, and the cultivation of an appreciative senti-
ment concerning them.

Approved March 17, 1897.
90
INDEX.

Act, Lacey, 52-54.
Act proposed by American Ornithologists’ Union,
47-49.
Age limits for issue of permits, 37.
Alabama, counties exempt from law of 1899, 45.
law, 56-57.
captive birds, 42.
Alaska law, 57.
American Ornithologists’ Union, definition of
game birds, 14.
groups of birds recognized, 14, 25.
proposed act, 47-49.
Arizona law, 57.
Arkansas law, 57-58.
Audubon societies, 9, 44.

Bill, Hoar, 49-50.
Lacey, 52-54,
Teller, 50-51.
Bird and Arbor Day laws, 12, 90.
Connecticut, 90.
Minnesota, 90.
Wisconsin, 90.
Birds, caged, 42-43.
exempt from protection, 35-37.
imported, subject to State laws, 55.
not to be used for millinery purposes, 11-12.
number of species in North America, 25.
of prey, 28-30.
plume, 25-28.
sea, 26-27.
Bitterns, exempt from protection, 37.
protected, 34, 35, 74,85.
Blackbirds, 21.
exempt from protection, 36, 37.
marsh, regarded as game, 21.
red-winged, regarded as game, 21.
Bobolinks or reedbirds, 18-19.
Bonds required from scientific collectors, 37-40.
Bounty laws, 28.
Bouvier, definition of game birds, 13.
British Columbia, definition of game birds, 14.
law, 85-86.
captive birds, 43.
Butcher birds exempt from protection, 36.
Buzzards, turkey, 29.

Caged birds, 42-43.
California, county legislation, 27.
law, 58-59.
against millinery use of birds, 11.
captive birds, 42.
plume-bird protection, 27.

 

Canadian laws, 85-89.
Captive birds, 42-43.
Collecting for scientific purposes, 37-40.
Colorado, law, 59-60.
number of species of birds, 23.
Commissioners of birds in Rhode Island, 44,79.
Connecticut, Bird Day, 12, 90.
early law, 10.
law, 6C.
Convention of 1885 between France and Switzer-
land, 10.
Cormorants exempt from protection, 37.
Counties exempt from State laws, 45-46.
County. laws, conflicting, 45-46.
legislation, 27.
Cranes, exempt from protection, 36, 37.
protected, 31, 32, 60.
Crow blackbirds exempt from protection, 36, 37.
Crows exempt from protection, 36, 37.
Curlews exempt from protection, 37.

Decisions, State courts, 55.
Supreme Court, 55-56.
Defects of existing laws, 45-47.
Definitions, game birds, 13-14.

insectivorous birds, 23-24.
plume birds, 25-28.
Delaware law, 60-61.
District of Columbia law, 61.
Dove, Carolina, 15-17.
food, 16-17.
mourning, 15-17, 31-35.
open seasons, 16. :
turtle, 15-17, 31-35.

Eagles, exempt from protection, 36, 37.
protected, 29.
Eggs and nests, 27-28, 31-85.
Egrets protected, 27, 32, 34, 62, 81.
Enforcement of protective laws, 43-44.
England, protection of eggs, 12.
game birds, 12.
sea birds, 12.
wild birds protection act, 12.
wild fowl], 12.
English sparrows exempt from protection, 36, 37.

‘Falcons exempt from protection, 37.

Feathers, laws prohibiting wearing or sale, 11-12,
49-50,
Federal legislation, 12, 49-54.
Fees for collectors’ permits, 31-35.
Fish hawks protected in Rhode Island, 29,78.
91
92

Flickers, 17-18.
food, 18.
Florida, Jaw, 61-62.
plume-bird protection, 26.
France, convention of 1885 with Switzerland, 10.

Game and fish commissions, 48, 44.
Game and fish protective associations, 43.
Game birds, definitions, 13-14.
species erroneously considered, 15-23,
Game, property of the State, 55.
protection act, Ontario, 88.
wardens, 43.
Georgia law, 62.
Grackles, exempt from protection, 37.
boat-tailed, 37.
purple, 37.
rusty, 37.
Grebes protected, 27, 74.
Gulls, exempt from protection, 37.
protected, 27, 31-35.

Hawk, chicken, 36.
Cooper's, 36.
duck, 36.
fish, 29, 78.
pigeon, 36.
sharp-shinned, 36.
Hawks, exempt from protection, 36,37.
food, 30.
protected, 29.
Heron, blue, 37.
green, 36.
night, 36.
Herons, exempt from protection, 36, 37.
protected, 32, 34, 62, 81.
slaughter of, in the South, 26.
Hoar bill, 49-50.
House finches exempt from protection, 36.
Hunting licenses, 41.

Idaho, protection limited to game, 45, 55.
Tllinois law, 62-68.
Indiana law, 63-64.
Indian Territory, protection limited to game,
45, 55.
Insectivorous and song birds, 23-25.
objections to use of terms, 24.
Insectivorous birds act, Manitoba, 86.
Iowa, law, 64.
captive birds, 42.

Jackdaws exempt from protection, 37.
Jays exempt from protection, 36, 37.

Kansas law, 64.
Kentucky law, 65.
Kingfishers exempt from protection, 36, 37.

Lacey act, 52-54.

Larks exempt from protection, 36.

Laws, bounty, 28. :
Canadian, 85-89.
defects of existing, 45-47.
early, 10-11.

 

INDEX.

Laws, enforcement of protective, 43-44.
nonexport, constitutional, 56.-
plume-bird, 28. e
proposed by American Ornithologists’ Union,

47-49,
remedies for defects of existing, 47.
Sunday, 41.

Laws, State, 55-90.
Alabama, 56-57.
Alaska, 57.

Arizona, 57.
Arkansas, 57-58.
British Columbia, 85-86.
California, 58-59.
Colorado, 59-60.
Connecticut, 60.
Delaware, 60-61.
District of Columbia, 61.
Florida, 61-62.
Georgia, 62.

Illinois, 62-63.
Indiana, 63-64.
Towa, 64.

Kansas, 64.
Kentucky, 65.
Louisiana, 65.
Maine, 65-66.
Manitoba, 86.
Maryland, 66-67.
Massachusetts, 67-68.
Michigan, 68-69.
Minnesota, 69-70.
Mississippi, 70-71.
Missouri, 71.
Montana, 71.
Nebraska, 71.
Nevada, 72.

New Brunswick, 86-87.
Newfoundland, 87.
New Hampshire, 72.
New Jersey, 73.

New York, 74.
North Carolina, 74.
North Dakota, 75,
Nova Scotia, 87.
Ohio, 75-76.
Oklahoma, 76.
Ontario, 88.

Oregon, 76-77.
Pennsylvania, 77-78.
Quebec, 88-89.
Rhode Island, 78-79,
South Carolina, 79-80.
South Dakota, 80.
Tennessee, 80-81.
Texas, 81.

Utah, 82.

Vermont, 82.
Virginia, 82.
Washington, 83.
West Virginia, 83.
Wisconsin, 84.
Wyoming, 84.

League of Amcrican Sportsmen, 44.

Legislation, federal, 12, 49-54.
necessity for further State, 44-47.

Licenses, 40-41,
INDEX.

Licenses, hunting, 41.

nonresident, 41.

resident, 41.
Linnets exempt from protection, 36.
Loons exempt from protection, 36, 37.
Louisiana law, 65.

captive birds, 42.

Magpies exempt from protection, 37,
Maine, definition of game birds, 13.
law, 65-66.
Manitoba law, 86.
Maryland law, 66-67.
against selling or wearing birds or feathers,
12, 66.
captive birds, 42.
Massachusetts, early game law, 10.
law, 67-68.”
against wearing birds and feathers, 11, 67,
Meadowlarks, 20-21,
food, 20-21.
open seasons, 20.
Mergansers exempt from protection, 37.
Michigan, definition of game birds, 13.
law, 68-69. :
captive birds, 43. :
Millinery use of birds, law against in California,
11, 58.
Maryland, 12, 66.
Massachusetts, 11-12, 67-68.
New York, 12, 74.
Minnesota, Bird Day, 12, 90.
law, 69-70.
captive birds, 43.
Mississippi, definition of game, 14.
Jaw, 70-71.
Missouri law, 71.
Montana law, 71.

Nebraska, law, 71.
number of species of birds, 23.
Nests and eggs, 27-28.
Nevada law, 72.
New Brunswick, definition of game, 14, 86.
law, 86-87.
Newfoundland law, 87.
New Hampshire law, 72.
New Jersey, first legislation, 10.
‘law, 73.
captive birds, 43.
New Mexico, protection limited to game, 45,55,
New York, early game law, 10.
law, 74.
against sale of birds for millinery purposes,
12,74,
Nighthawks exempt from protection, 36.
Nonexport laws, constitutional, 55-56.
Non-game birds defined, 23-24.
Nonresident licenses, 41.
North Carolina law, 74.
North Dakota law,, 75.
Nova Scotia, definition of game, 14.
law, 87.

Objections, to enumerating species protected,
23-25.
to term insectivorous birds, 23-25.
to treating reedbirds as game, 19.

 

Ohio law, 75-76.
Oklahoma law, 76.
Ontario law, 88.
captive birds, 43.
Open seasons, doves, 16.
flickers, 17.
meadowlarks, 20.
reedbirds, 18.
robins, 22.
Orders of North American birds, 25.
Oregon law, 76-77.
Owl, barred, 36.
great horned, 36.
Owls, exempt from protection, 36, 37.
protected, 29.

Pelicans, exempt from protection, 37.
protected, 27.
Penalties for destroying birds and eggs, 31-35.
Pennsylvania law, 77-78.
captive birds, 43.
Permits for collecting for scientific purposes, 37-40.
Pigeons, band-tailed, 15.
passenger, 15.
roosts protected, 68.
wild, exempt from protection, 37.
protected, 60, 67.
Plumage, sale prohibited, 11-12.
Plume birds, 25-28.
protected, 27.
special legislation, 26.
Protective legislation, history, 10-12.

Quebec game laws, 88-89.

Rayens exempt from protection, 36, 37.
Recollets, 37. (See Wax wings.)
Red-winged blackbirds exempt from protection,
21.
Reedbirds or bobolinks, 18-19.
Regulations, as to collecting for scientific pur-
poses, 38-40.
as to number of birds killed, 41.
prohibiting export of birds, 41.
prohibiting sale of certain birds, 41.
Rhode Island, law, 78-79.
number of species of birds, 23.
Ricebirds, 18-19.
exempt from protection, 36.
Robins, 22-23.
food, 23,

Scientific collecting, provisions, 37-40.
Sea birds, in England, 12.
protected, 26-28.
Shrikes exempt from protection, 37.
Song and insectivorous birds, 23-25,
South Carolina law, 79-80.
captive birds, 43.
South Dakota law, 80.
Sparrows exempt from protection, 36, 37.
Species, exempt from protection, 35-37.
number in North America, 25.
objections to enumerating, 23-25.
protected, 30-35.
Starlings exempt from protection, 37,
State courts’ decisions, 55.
94 INDEX.

State laws, 55-90.

Sunday laws, 41.

Supreme Court decision, 55-56,

Switzerland, convention of 1885 with France, 10.

Teller bill, 50-51.

Tennessee, county legislation, 45-46.
law, 80-81.

Terns, protected, 27.

. special law in Maine, 66.

Texas, counties exempted, 45-46.
law, 81.
plume-bird protection, 26-27.

Turkey buzzards protected, 29.

Utah law, 82.

 

Vermont law, 82.
Virginia law, 82.

Wardens, 43.
Washington law, 83.
Waxwings exempt from protection, 37.
West Virginia law, 83.
Wheat birds exempt from protection, 36.
Wild birds protection act, English, 12.
Wild fowl, protection in England, 12.
Wild pigeons, 15.
exempt from protection, 37.
protected, 60, 67.
Wisconsin, Bird Day, 12, 90.
law, 81.
Wyoming law, 81.