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Xu pod pe i v 3 cweevevvvyy vy, NA neg LA hA , = id I eae ee ae ~ = a ¥ -, qo pp ta! ti he tik x As ‘ ~_ BULLETIN No. 14 wee : | | “U.S. DEPARTMENT OF AGRICULTURE | ie “DIVISION OF BIOLOGICAL SURVEY 2 a Vie om ~ LAWS REGULATING THE TRANSPORTATION: - _AND SALE OF GAME BY | Pe Pani A and lV, OLDS VA ee | _ ASSISTANTS, BIOLOGICAL SURVEY er a eA GONE At fs A. ton oes SS Oa nN le cs = et ¢ = . £8 ae ; PREPARED UNDER THE DIRECTION OF Jers Ce EEA RD OVE ae 2 Aaa ae ‘ : CHIEF OF BIOLOGICAl, SURVEY A a ; . WASHINGTON GOVERNMENT PRINTING OFFICE 1900 | YY SF Oe 8 aS BULLETIN No. 14 es DEEPA IMENT OF AGRICULTURE DIVISION OF BIOLOGICAL SURVEY LAWS REGULATING THE TRANSPORTATION | AND SALE OF GAME BY ae el. iste Ar MEE and HE. W.-OLDS ws ASSISTANTS, BIOLOGICAL SURVEY \Ensenian Insijr } ae PREPARED UNDER THE DIRECTION OF ees ee er AES EVE By be be A IVE CHIEF OF BIOLOGICAL SURVEY Ase SEE, << WASHINGTON GOVERNMENT PRINTING OFFICER 1900 LETFER OF TRANSMITTAL. U. S. DEPARTMENT OF AGRICULTURE, DIVISION OF BIOLOGICAL SURVEY, Washington, D. C., November 9, 1900. Str: I have the honor to submit herewith, and to recommend for publication, as Bulletin No. 14 of the Biological Survey, a report on ‘Laws Regulating the Transportation and Sale of Game,’ by Dr. T. S. Palmer, who has been charged with the immediate supervision of mat- ters relating to game under the Lacey Act, assisted by H. W. Olds, ~ an assistant in this Division. The object of this report is to present in convenient form a digest of the State laws now in force which affect the trade in game. In view of the fact that the open season is at its height, and that considerable quantities of game are now being shipped to market, it is very desirable that this bulletin be published and distributed as promptly as possible. Respectfully, C. HART MERRIAM, Chief, Biological Survey. Hon. JAMES WILSON, Secretary of Agriculture. SEL TE Te ee eae TP PREFACE, The act of Congress approved May 25, 1900, supplements existing State laws by prohibiting the shipment from one State to another of birds killed in violation of local laws, and by subjecting birds brought into a State to the same restrictions as those prescribed for birds produced within thatState. Acquaintance with local lawsis, therefore, essential to intelligent observance of the requirements of the Federal law, but in the absence of a complete digest of game laws it is diffi- eult to obtain such knowledge. A compilation entitled ‘Game Laws in Brief’ is published quarterly, but though an excellent guide for sportsmen, it does not include penalties or provisions relating to prosecutions, and frequently omits those regarding sale. The need of a compilation that shall be brief, yet fully covering such laws as affect the game trade, is shown by the fact that shippers, transporta- tion companies, and game dealers sometimes find themselves in the position of inadvertently violating laws, with the provisions of which they are unfamiliar and the requirements of which they have no ready means of ascertaining. To meet this demand, acompilation has been made of such sections of the various State laws as relate to transpor- tation and sale, and tables and diagrams have been prepared show- ing close seasons, species prohibited from shipment and sale, limits of bags, and regulations regarding nonresident licenses. The tables relating to seasons, shipment, and sale have already been published as Circular No. 31 of the Biological Survey. While much care has been exercised in preparing this report, yet the difficulty of securing absolute accuracy in such a digest is very great, and some errors may have occurred. Sportsmen and others, therefore, are requested to report promptly any inaccuracies or omis- sions that may be detected. T. S. PALMER. H. W. OLDS. 5 \ = Cetin elit dal ae CONTENTS. . Page. I. General discussion of legislation regulating seasons, shipment, and sale. i itroducthon 2...) 2.222 mie gill) Lins Solana. weak ee BTN, Celene Metis emer | 116! TES: Daria Ee ae pene 5 te iNeed e eraerre ON RAR ae ties Laur eek mee ht d5: Game birds protected for a term of years _.._..--.----------.--.---- 15 iellose Seasons, 200 fe. 4c SLL Ss as Dau eS eh acces: Yo Soc be eee 16 Winget te waa SOCOM Se se oF ek oe i le Ce 30 A step toward uniformity—the Hallock code __-........------------ 33 amas On age bass. 6 4 So2 esl kee eee eee eee We 34 SRP MCH bh) OlsPAING 2c) oe ed coe ie oe nt LS ie Soe 35 Transportation of live game for sosmpestion et MASAO, ee rsd, & ieee 39 Marko mina Mtn ecami SAIC. <\ ee eek. to I Se ee 40 Licenses for hunting or (pane CAMO ge aS te cl ae Cree 42 - II. Federal and State laws regulating tr paceeeenen and sale we fame cts 45 TE GE GYOD SL See ee MES Se A = et ab ee ee et ee ED AT SULIRE) EASY s ee Sak Ae el OE Sat Ge en an a REP 48 ANSI SSW TEN pk ON TELS ee SOO ge ee er hs er a a a pe eal 48 PRO eee aeons en Rae Re tne oot OS ae ee a, Sete ee 49 J5sTE REP TTISE SIC OS Sis, See es Lao aE a ee Roa 49 (ED OVATE 2 PSS Se EI A UR ts ance ee a ea le en Oe TE 50 olor dates a0e eRe eS ae 2 Sk SS he ig 51 Serene Gite bg eee ew et ee oe Pe eee 53 BBG Peary Ce meen a eee es eS eee SS Cit, Sl tae Se 53 MistRieh ORC Ol Mita sons. Hk ee oe ek. oe 54 LP LOTFI 2h seep SERS POR Ih si ate 2 ane te nS BORE TOP OR ne Ses S — 54 ee Ie ere re es em SEs Ae eee ei ee ee 54 Nicler breyten tee eee ae) os So 54 1 UUETBRO TST: ojo ALA a0 Sag te I re ee ae ae alegre ROMER, SAAR Sok TT ye 5d IBSRCUeRER per oen 2 Nee Oe ees He eS ae 2 es oe a ee meer A Co 2 56 Indian Territory... __. Sree aae tee ESL e e S e 57 eivnnr eee Aer et eae. ee ye 2 ee 58 LSS ISR a et A i sch ae 4g hae AU 58 PCH ORE PMc IN ley ee en Lee ees Sees Sees a Oe he eee 59 Wane ao Se J SNES 2 See eine) A os nae ee ae 59 Wile (AIT TG | Ac 8 Ree unit al ae. ela eee ao gaa ye Sena. So ee te 61 Ester MES bh pen eee eer ey ls Aaa a oe a A ee 62 IP Bia ta een ele een Real a Cae oe 63 ih nsnSo tay ae, = ee A SR eee dere 64 TOSI SISTIT Ol cg 2 pea RIE Ie TR eg 68 VEC eretittree aerate are emma e otk DP le fe 68 Montana 6.2052 40.2 ee a DO Oe Le et nae 68 ONG tics ned eer ee eS Se ee GA ls So ee 68 Vy ie aie rn a Pee ee pee ree Oe Sol. Je oe et 68 MCV MER HN SHY Eten tet, eM ware Se ee ee 69 NEW OOLSOV ee ds Cob ewe DL tS Ess ie ell eee oe Seema ne Se CRG 70 Caan Le nGnC Winer pater Ci cen MCUs as Ls Jods Wa ck shee ieee Canes 70 8 CONTENTS. 2 Page. Il. Federal and State laws regulating transportation and sale of game—Cont’d. State laws—Continued. ; New York..2.*.2-. 2222901220 eee 71 North Carolina —.. 2. 2.3 22252522 2 eee eee 71 North Dakota 2. s..-2.+< |. <2 ec ee eee 72 Qhio*!.~ 2.6.6 hcl ae eee eee eee {2a et to eer 72 Oklahoma! t=. >5--s-e"t eee panied Daca teen eae 73 (QTEGOR oe win oe See Lee a eee caw Soe 74 Pennsylvania _..-. =~. 5 Soe se ee 75 Rhode Island. 2255. 5 eas SUE ER soe ape ae 75 South Carolina 2... ..22-42<4_ 32-2 eee 76 South Dakota... .22.2. 2 = ee eS — ee eee 76 Tennessee, 2.5 1 23, en SA eee eee eee 332 ee ree TOXAS co. < Jee eee eee Cees ie Pema ere ose 77 Utahs. 2. 2.32 0422 noe ee 78 Vermont) ota. 254) See eee Lee oH ee eee 78 Virginia... 2.20.62 2 ee ee eee 79 Washington... 2222.23. bi ee ee Se eee 79 West Virginia». . 20222200 be ee ee ee eee ee ae -80 Wisconsin. 2. 22 524 aie e cbs Seo ee ee 80 W yomins -- 5 Ml elge etc Se ee 84 III. Table showing close seasons for game in the United States and Canada-_ 89 PEATE - 1. TT, ILLUSTRATIONS. PLATES. Map showing States which prohibit export of game-___-__- Frontispiece. Facing page. Map showing States which protect pheasants and other intro- GucEdebitds for a herm. OF years. 826 5p) ol Ee . Diagram showing open seasons for deer in 1900_._-__ .-_.-._-_-- . Diagram showing open seasons for quail in 1900__..._._.___-___- . Diagram showing open seasons for woodcock in 1900...____. _-- . Diagram showing open seasons for ducks in 1900__......-__. 22... . Map showing divisicns proposed by Hallock code of uniform MeN Wid. ee kG oR Sapa FE re AN ig ee . Map showing States which pronahes market hantine or sale of AS TONS, eT] Ua (Sa oe PR a el at RE OL LE . Map showing States in which licenses are required for hunting or SLESSOyOTET}Ee GUCN 1G ps AN a re aR ep eA Da 16 30 30 40 42 LAWS REGULATING THE TRANSPORTATION AND SALE OF GAME. I.—GENERAL DISCUSSION. OF LEGISLATION REGULATING SEASONS, SHIPMENT, AND SALE. INTRODUCTION. The term game has been variously defined,’ and is capable of various interpretations, but it may very properly be restricted to a few well-marked groups of mammals and birds. The game of North America is practically limited to four groups of mammals and four of birds. The game mammals are (1) ruminants and pecearies (Ungu- lata); (2) bears and raccoons? (Carnivora); (3) rabbits and squirrels (Rodentia); and (4) opossums (Marsupialia). Game birds, as defined by the American Ornithologists’ Union, comprise (1) Anatidz, com- monly known as swans, geese, brant, and ducks; (2) Rallide, includ- ing rails, coots, mud hens, and gallinules; (3) Limicole, or shore birds, comprising plovers, snipe, woodcock, sandpipers, and curlew; and (4) Galline, including wild turkeys, grouse, prairie chickens, pheas- ants, partridges, and quail. Certain mammals and birds which are sometimes classed as game should, for various reasons, be otherwise regarded. Among such mammals may be mentioned ground squirrels, muskrats, and woodchucks; among birds, cranes, wild pigeons, doves, flickers, night hawks or bull bats meadow larks, reedbirds, black- birds, and robins. Ground squirrels, muskrats, and woodchueks are - not held in high estimation for the table, nor are they usually hunted forsport. Cranes, pigeons, and doves are ordinarily considered legiti- mate game, but are now so rare that in most States they have been 1Game is defined by Bouvier’s Law Dictionary as ‘‘ Birds and beasts of a wild nature obtained by fowling and hunting,” and by the Code of Mississippi as ‘‘ all kinds of animals and birds found in the state of nature commonly so-called.” Michigan, British Columbia, and New Brunswick define game birds as ‘‘any birds protected by this act.” Maine declares ‘‘the term ‘ game birds’ as used in this act shall be construed to mean the ruffed grouse or partridge, all species of the pheas- ant, woodcock, snipe, plover, quail, and all ducks enumerated in this act; and the term ‘game animals’ shall be construed to mean moose, caEtbow and deer.” (Acts of 1899, ch. 42, sec. 50.) *Theseanimals are seldom mentioned in game laws. Asa rule, bears are accorded no protection, and bounties for their destruction are still offered in some States, but in Quebec they have a close season like other game. 11 12 LAWS REGULATING TRANSPORTATION AND SALE OF GAME. practically removed fromthe game list. Flickers,night hawks,meadow- larks, blackbirds, and robins are insectivorous, and .although consid- ered good eating, are far too valuable to be killed for sport or mar- ket. Reedbirds or bobolinks are regarded as pests in the South and are highly esteemed as song birds in the North; they are treated as game in only five States along the middle Atlantic coast, where they are neither particularly beneficial norinjurious. They too may there- fore be removed from the category of game. In comparison with some of the continents of the Old World North America is deficient in big game. The true antelopes, which are found in such wonderful variety in Africa, are entirely unrepresented in this country, the nearest approach to them being the single species of prong horn, or so-called antelope. Wild sheep and goats, of which there are numerous species in Asia, are comparatively few in number in this country and are confined to the mountains of the West. In game birds, on the other hand, North America compares favorably with any part of the world. Upland game is represented by quail and grouse in great variety and by several species of one of the finest of all game birds—the wild turkey. Shore birds are abundant in some localities at certain seasons, and the ducks and geese which resort to our streams and coasts in winter have rendered certain feeding grounds famous the world over. When this list is increased by the addition | of the finest of the Old World pheasants, several species of which have already been introduced, the variety of game birds will be unsurpassed by that of any other region of similar extent. Improvidence and wantonness have, however, rapidly depleted the stock of game. Buffalo are gone; elk, moose, and caribou are rare, except in a few favored localities; and even deer, which are generally distributed, have been greatly reduced in numbers by unnecessary and unreasonable slaughter. Wild pigeons, like the buffalo, have been practically exterminated; the prairie chicken is no longer found in much of the country that was its native home half a century ago; wild turkeys and woodcock are almost extinct in many localities where they should be numerous; and ducks and geese, which only a few years ago were remarkably abundant in some sections, are rapidly growing scarcer. Even quail, the subject of more legislation and receiving better protection than any other kind of game, are now main- tained in many places only by frequent restocking of depleted covers. This diminution in the game supply is due partly to lack of proper enforcement of game laws, partly to the pernicious practice of spring shooting, and partly to the rapid development of ae trade in game in recent years. Doubtless it would be interesting to trace the steps in the develop- ment of game legislation in this country, but it will be sufficient merely to refer to a few of the more important points. ‘‘The laws relating to game in the United States are generally, if not universally, BIG GAME. 7 13 framed with reference to protecting the animals from indiscriminate and unreasonable havoc, leaving all persons free to take game under certain restrictions as to the season of the year and the means of capture. * * * As the most effective means of enforcing such statutes, most of them prohibit all persons, including licensed dealers, under penalty, from buying or selling or even having in possession or control any game purchased within a certain period after the com- mencement of the close season.”! The principle that the game belongs to the State and that its capture is a privilege, but notaright, . is becoming generally recognized. It has been upheld by several of the State courts; and the laws of Colorado, Illinois, Michigan, Minne- sota, Texas, and Wisconsin declare specifically that the title to game is vested in the State, Laws fixing seasons for the killing of game date back more than a century, as exemplified by the New York statute protecting heath hens, which was passed in 1791. The necessity for regulations con- trolling the manner of capturing game also attracted attention at an early date, as shown by the Virginia law of 1832, which prohibited killing wild fowl with swivel guns, or while they were at rest on the water atnight. More recently, restrictive measures have been adopted which require licenses from nonresidents, limit the number of birds or animals which may be killed in a day or season, and authorize the maintenance of wardens for the special purpose of enforcing game laws. Of late years, legislation has also been directed toward restrict- ing traffic in game. Laws prohibiting export of game from the State, at first experimental, have been generally adopted since their con- stitutionality was established by the Supreme Court? in a decision rendered March 2, 1896. Progress has also been made in restricting the sale of game and the killing for market. In several States, market hunting for deer and certain game birds is absolutely prohibited at all seasons; in others, laws against the sale of certain game are in force; while in three States at least—Kansas, Idaho, and Montana—the sale of all game protected by the State law is illegal. BIG GAME. ‘The big game of the United States is rapidly disappearing. As already stated, buffalo are almost extinct; elk and antelope have been killed off in many localities in which they were formerly abundant; moose, caribou, mountain sheep, and mountain goats are now found in only a few States; and deer. are rare in many places where they should be common. To such an extent has this decrease pro- ceeded that vigorous measures are now necessary to prevent the 1 Bouvier’s Law Dictionary. ?Geer uv. State of Conn., 161 U.S., 519. 14 LAWS REGULATING TRANSPORTATION AND SALE OF GAME. extermination of all big game. Legislation has been directed toward stopping slaughter for hides, materially shortening the seasons, limit- ing the number which may be killed, prohibiting sale and shipment at all seasons, and in many cases prohibiting shooting indefinitely or for a term of years.’ In the case of deer, fawns are generally protected; in Arizona and California does, and in Vermont deer without horns are protected at all times. In five States the open season has been reduced to thirty days or less—in Pennsylvania, thirty; Michigan, twenty-three; Minnesota and Wisconsin, twenty; and Vermont, ten; and in seven others it has been withdrawn either temporarily or permanently. In New Jersey, and in four counties of New York and two of Wisconsin, deer are protected at all seasons until 1902; in Connecticut, Massachu- setts, and four counties of Maine, until 1903; in [llnois, until 1904; in Rhode Island, until 1905; in Garrett County, Md., until 1906; and in Iowa, Oklahoma, and one county of Tennessee, indefinitely. The killing of other big game has been still more restricted. Elk are protected in New Mexico, until 1904; in Oregon, until 1910; in Arizona, California, Iowa, New York, North Dakota, and Utah, indefinitely. Close seasons for moose continue in Wyoming until 1902; in Idaho, until 1904; and in New York, North Dakota, and Ver- mont, indefinitely. In Maine the killing of cow or calf moose, and in Minnesota the killing of moose without antlers at any time is prohib- sy <7 ited. Caribou are protected in Idaho until 1904; in Maine, until 1905; and in New York, North Dakota, and Vermont, without limit. Killing unantlered caribou in Minnesota is illegal at any season. For antelope, the term of protection in Texas extends to 1902; and in Arizona (females only), California, New York, North Dakota, Okla- homa, and Utah it is unlimited... Protection at all seasons and with- out limit is given mountain sheep in Arizona, California, Colorado, Montana, North Dakota, and Utah; mountain goats, in Arizona and New Mexico; and bison, in Colorado, Montana, North Dakota, and Utah. Only fifteen States and Territories permit the killing of big game other than deer. All but five of these limit the number that may be . killed, and have cut down the open seasons until the maximum is only four and one-half months and the minimum but five days. Export is practically prohibited in all States where such game occurs except Minnesota, Montana, Nebraska, and New Hampshire, and in these States restrictions, in some cases little short of actual prohibition, Similar laws are in force in Canada, but are not considered in the following discussion. It may be mentioned, however, that deer are protected in Nova Scotia until 1904; elk in Ontario indefinitely, in Nova Scotia until 1904, and in New- ; foundland until 1906; moose in Ontario until 1903, and in Newfoundland until 1906; and caribou in Ontario until 1903. GAME BIRDS PROTECTED FOR A TERM OF YEARS. 15 surround its shipment. The States in which big-game hunting is still permitted, the open seasons, and limitations as to numbers, are shown in the following table: Open seasons for big game (except deer). [For open seasons for deer, see pp. 31-32. ] of sea- that may State. Species. Open season. Sonuan be killed ays in one year URIDINE! Sean se 2 AAMTCLOPCtGNalO)hs swses aoe ae oes Aug.1-Dece.15-..- 1363/2852 SEMIGEAGOs 2325-70. 3522-8 Ble WwahhMVWOPns) 223.22 22h ssce sees el ok Oct. 25-Nov.6 --_-- 12 1 Antelope with horns _.__.--....---- Aug. 15-Nov.6 --- 83 2 «ICA ee Antelope, sheep, goat _........-.----| Sept. 1-Jan.1_-__. 122 14 1 DUD ec AN Sl a a SS a Sept. 1-Dec. 1 ---- 91 2 LUST Ge ae WIGS? Aes eee Se Se Se eee Oct. 15—Dece.1--:-- 47 1 Minnesota 2... --- Moose, caribou (both antlered) -..-| Nov.5-10-____-_-- 5 2] ligt IERIE GOSS pos ty eb a Pak es Sept. 15-Noy. 15 -- 61 i2 PRNCCIGME TS OM bis at eee a seas cote Sept. 1—Jan.1___-- 122 16 NGC PElke-antelope swe se eee Noy. 1-Jan.1_--_- Gk. |Pase see Nevada -....-- heehee Elk, caribou, antelope, sheep, goat -| Sept. 1-Jan.1__--- 122) eee New Hampshire..-.--- Moose: carthoutess 9922 eee. Se Boop Sy Dée. Eee a Beh tere ese : : etul=Jan 1. 5 = New Mexico -.-..-...-- Antelope, sheep (both with horns). { Sept.1-Dec.1_.. = of \ 1 wiresomes 2 Sess so2- Woose sheep fo. a252 2a eg July 15-Nov.1 --- LOO) 89 ew eee Pennsylvania_-______.- 0) ie A ie Sar eee en Ss ae Nov. 1-Dec.1-.---- 30! |e South Dakota_-______- Elk, antelope, buffalo, sheep _____...}| Oct.15-Jan.1-_---. 18> eee Washington ......_-_- Elk, moose, caribou, antelope, | Sept.1-Nov.1-.-- 61 22 sheep, goat. WSF TESTED oe Seether ee ee Sept. 1-Dec.1 ---- 91 2 : IMMECIODO w= es Sear a hae ee Syke Sept. 1—-Dec.1 ___- 91 3 SHCGHM, 2Oab= -252- --2 = See sees Se, Sept.1-Dec.1 _--- 91 1 1 Altogether. 2 Of each. 3 At one time. GAME BIRDS PROTECTED FOR A TERM OF YEARS. Two conditions are generally recognized as justifying the complete withdrawal of open seasons for several years: (1) When game has been killed off to such an extent that a period of recuperation is - necessary to save it from extermination; and (2) when game is intro- duced into a new locality and time is required for it to become estab- lished amid new surroundings. The periods of absolute protection usually vary from two to ten years, and are renewed when necessary. The only protection of the kind accorded native game birds is as fol- lows: Washington and Wisconsin protect quail until 1901; Arizona protects bobwhite and prairie chickens until 1902; Oregon protects wild turkeys until 1904; North Dakota protects quail and wild swans until 1905; indefinite protection is accorded quail, partridge, and ptar- migan in Colorado; pheasants in Kansas; pinnated grouse in Massa- chusetts; quail in Montana; grouse in Oklahoma; quail in Oregon (east of the Cascades); pinnated grouse and introduced game birds in Utah; and wild swansin Wyoming. Several counties in Maryland and ‘Tennessee also extend protection, either for a term or indefinitely, to various birds, such as quail, grouse, pheasants, wild turkey, wood- cock, and snipe. In Arkansas, Indiana, Iowa, Kansas, Massachusetts, Michigan, Nebraska, New York, Rhode Island, Vermont, West Virginia, and Wisconsin doves are given the same protection at all seasons as that accorded nongame birds. 9368—No. 14—00——-2 16 LAWS REGULATING TRANSPORTATION AND SALE OF GAME. Pheasants and other foreign game birds are almost always given a close season of from three to ten years after introduction. They are protected in twenty-eight States, as shown by the accompanying map (See Pl. II). In Oregon this protection is confined to the region east of the Cascades and some of the counties in the southwestern part of the State, but does not cover the Willamette Valley, where the period has already expired. Protection without limit is in force in Colorado, Montana, eastern Oregon, Utah, and some of the counties of Virginia. The periods expire in 1901 in New Hampshire, Washington, and Wisconsin; in 1902 in Arizona, Idaho, New Jersey, New Mexico, Pennsylvania, Tennessee, and Texas; in 1903 in South Carolina; in 1904 in Alabama, Illinois, Minnesota, and Oklahoma; in 1905 in Connecticut, Indiana, Massachusetts, Michigan, New York, North Dakota, and Rhode Island; and in 1909 in Maine. CLOSE SEASONS. No question in game protection is more important than that of the seasons during which birds and animals shall be protected, yet, strange _ to say, there is none in which State game laws show greater diversity and none in which they are more subject to change. Even the laws of adjoining States show little uniformity in this respect, and in some States changes in game seasons are made at nearly every legislative session. This lack of uniformity often defeats the purpose of pro- visions intended to allow game opportunity to recuperate. It also introduces needless confusion and makes compliance with the pro- visions of the Federal law difficult for shippers and game dealers, who must consider the open seasons in both the State in which their game is killed and in that to which itisshipped. Further confusion results from diversity in defining the seasons. Jn some laws the open seasons, in others the closed, are stated, and in these statements may be found all possible varieties of inclusion and exclusion of the dates named. Again, exceptions are often grafted upon exceptions to such a degree as to obscure the intent of the law. An attempt is here made to bring together in one table all the close seasons for game prescribed by the various States and by the Prov- inces of Canada. For the sake of simplicity a uniform method is used both in the arrangement of species and statement of seasons. In each case big game is first considered, then follow squirrels and rabbits; then upland game birds, such as quail, grouse, pheasants, turkeys, and doves; then shore birds; and finally water fowl, such as ducks, geese, and swans. In the statement of seasons only close seasons have been given, and in stating these the plan of the Vermont law, to include the first date but not the last, has been followed consistently. The Vermont scheme has the advantage of showing readily both the open and close seasons, since either may be obtained by read- ing the other backward. Thus, when the close season is stated as ae a ae ee PLATE II. Pri ath Th Mee ed eee Se elle! Ll lve o _ el x & => ; a 0) ® " > Bs = kc 3 x q n ies © cu 2) : op B 2 2 bs [aa] a + Ss iva) MAP SHOWING STATES WHICH PROTECT PHEASANTS AND OTHER INTRODUCED BIRDS FOR A TERM OF YEARS. Dates indicate expiration of close seasons. ae et} Sn eee ee ey OS a TSE ee chine Ca ee ee CLOSE SEASONS. 17 December 1—October 1, the open season begins October 1 and ends 4 _ December 1 (it being understood in each case that the last date is excluded). In some States certain days of the week constitute addi- tional close seasons throughout the term in which killing is permitted. - Sundays constitute a close season for all game in Maine, Massachusetts, New York, New Jersey, Pennsylvania, Delaware, Allegany County, Md., the District of Columbia, North Carolina, Alabama, Ohio, the Indian Territory, and in Ontario, New Brunswick, and Newfoundland. Mondays also constitute a close season for wild ducks in Ohio; Mondays, Wednesdays, and Fridays for rail, reedbirds, and red-winged black- birds in the District of Columbia, and for wild fowl in Carteret County, N. C., and Wednesdays and Saturdays for wild fowl in Currituck County, N.C. Similar exceptions are made for wild fowl in the Mary- land laws for Anne Arundel, Cecil, Dorchester, and Harford counties. These special exceptions are not noticed in the table here given; but apart from this, and with the further exception of the county laws of Alabama, Mississippi, and Virginia, of which no recent com- pilation is available, the table may be regarded as a complete résumé of the regulations now in foree. It is based primarily on the sum- mary contained in ‘Game Laws in Brief,’ issued by the Forest and Stream Publishing Company, and has been corrected to December 1, 1900. In its preparation, the laws passed during the present year by Iowa, Louisiana, Maryland, Massachusetts, New Jersey, New York, Rhode Island, and South Carolina have been consulted. The section relating to Maryland county laws has been taken from the synopsis prepared by the Maryland Game and Fish Protective Association, and has been corrected by Mr. Frank C. Kirkwood, secretary of the association. That for North Carolina is based on the synopsis of the game laws published by Mr. T. K. Bruner, secretary of the State Board of Agriculture, in the Bulletin of the North Carolina Board of Agri- culture for October, 1900. The one relating to Tennessee county laws has been compiled directly from the code of 1896 and the session laws of 1897 and 1899. Finally, the section covering the quail laws of Vir- ginia has been prepared from data furnished by Mr. Franklin Stearns, chief warden of the Virginia division of the League of American _ Sportsmen. : The difficulty of securing absolute accuracy in a table of this kind is very great, and the absence in the laws of many States of express legislation as to the inclusion or exclusion of the dates beginning and ending the seasons makes exactness in this particular a matter of doubt. Sportsmen and others are therefore requested to examine the table and to report promptly any inaccuracies which may be found, so that future editions may be made as correct as possible. en ee ee ee a ee ee’ a ee a a a ee 18 LAWS REGULATING TRANSPORTATION AND SALE OF GAME. Close seasons. (See also table at end of bulletin.) [The close seasons include the first date, bvt not the last. To find the open seasons, read the dates - backward.! No close season is prescribed by State laws for any game not mentioned in the list. Seasons which apply only to special counties are given in the middle column. | States. Kinds of game. Close seasons. Alabamas=+o252--< DeOGr. so. eac J wakes ese eee oie ese ae eee ee eres Jan. 1-Sept. 1. (1899. ) Squirrel( black, cray7Ortox) =: oe eee eee Feb.2-July 1. Quail, partridge, grouse, prairie chicken, pheasant, | Mar.2-Noyv. 15. wild turkey, woodcock. DOVG #3 =: sic ses 6 See See ee er Mar. 1-Aug. 1.2 (59 counties excepted from operation of State law, but numerous county laws in force.) | 2 | | sheep, mountain goat. \ | | Pheasant (Chinese, English, Mongolian), 5 years-_.---_- Until Feb. 8, 1904. AETIAONAl sess os seo - Male deer: maleantelopess-ss.- ase as a- ee eee eee Dec. 15-Aug. 1. (1897.) Female deer, fawn. female antelope, elk, mountain | At all times. Quail, grouse, wild turkey, snipe, rail___.-.--------.--- Mar. 1-Oct. 15. Bobwhite, prairie chicken, pheasant, 5 years ---.----.- Until Mar. 16, 1902. DOV O!S.2. oo Sao ne eee ee ae a once ee eee Mar.1-June 1. Duck, goose; branb=<2- 6 ssees eee eee. een Jan. 1-Sept. 1. Exceptions: New Haven, Fairfield, Litchfield counties| Jan. 1—Aug. 20. Duck, Zoose, branten- se saeco koe ee escs Bee eee aes May 1-Sept. 1. Delaware. ..------ Rabbit: 222.28 ehs fe Seek as tr dee oS ee re ees Jan. 1—-Nov. 15. (1895. ) Quail, partridse, pheasante-=s-6- 2) sana eee eee Jan. 1—-Nov. 15. eedbird sortolam oriwall (2. Ses 2 eas eee ee Feb. 1-Sept. 1. Wiid duck (except Summer or wood duck), wild | Apr. 15-Oct.1. } goose, brant, swan. District of Co- | Deer meat (sale or possession prohibited) ...-.-..----. Jan.1-Sept. 1. lumbia. Rabbit (except English rabbit), squirrel_......--..---- Feb. 1-Nov. 1. (1899. ) Quail. or-partrideer oS: a eee eee Feb. 1-Nov.1. Ruffed grouse or pheasant (except English or other | Dec.26-Nov. 1. foreign pheasants raised in inclosures), wild turkey. Prairie chicken or pinnated grouse. _---.....----.------ Feb. 1-Sept. 1. Wioodcock:. -. 8h a08<-2 eee pes Be ee Bes Be eee Jan. 15-July 15. Snipe, plover, wild duck, goose, brant__...........------ May 1-Sept. 1. Reed bird, marsh blackbird, water rail or ortolan_....| Feb.1—Aug. 20.3 Hiorids oo _o2 22-2 Deets. oi - Tee ee a oe Sere re eto ene Feb. 1-Oct. 1. (1899. ) Quail or partridge, wild turkey_.--...._--.._-- ape Ske Mar. 1-Nov.1. 1 Wild duck. 222 Seeeeeeee sec ane iS aeres at Roa Apr. 1-Oct.1. ! Georgia.--.------- Oeers. uh Pee ee ogee fe eer Wy Rete yee he ees Jan. 1-Sept. 1. | Quail, partridge, pheasant, wild turkey ---._.--.-.---.-- Mar. 15-Nov. 1. eR sr ODO VO 2c-c coy ss VEE ee ee ee eee besa SoC oes Mar. 15-Aug. 15. {I Tico Kai AY 0%) ees a Deer, antelope, mountain sheep, mountain goat--..----- Jan. 1-Sept. 1. (1899. ) He 1 Eye nee ee pO SLA ete aly peek BS oe eee Dec. 1-Sept. 1. i) Moose, caribouybiyeanrs 2-22-62 = eo ae ee nee Until 1904. @yuails 65:22 he eS! Oe. Beye ay eee ee A ee ee Dec. 1-Nov.1. . Partridge, grouse, prairie chicken, sage hen or fool | Dec.1—-Aug, 15. | hen, pheasant. i, Mongolian pheasants onyieans ao. eee eee eee ae eee Until 1902. il Wild duck soosesswant 220 2 ee ea Mar. 1-Aug. 15. il MLM OSes sh aos. Deer a ears] = 2222.6 fio oes aS Ren eae a -| Until Apr, 18, 1904. 1h (1899. ) | Squirrel (gray, red, fox, or black)------.-----.------.---| Dee. 15-Sept.1. res Le ois ate a i a ee ee Dee. 20-Nov. 1. Ruffed grouse, pheasant or partridge, prairie chicken, | Oct.1-Aug. 31. pinnated grouse. 1 Except in the case of double dates, as in close seasons for woodcock in Maryland, New Jersey, and Pennsylvania, and for ducks in Ohio and Utah. 2 This seems to be the intent of the law, but the line has evidently been transposed in printing. See Bull. No. 12, Biol. Survey, p. 56. 3 Also Mondays, Wednesdays, Fridays, and Sundays during the remainder of the year. bes ei CLOSE SEASONS. 1g Close seasons-—Continued. States. Kinds of game. Close seasons. MMTMOIS: 2.24.2. Wald iiikenyns Socee soon ce eee ak were epee ee Be SES Jan. 15-Sept. 1. 1899. ) Pheasants (copper or Soemmering, English, golden, | Until aoe 13, 1904. green Japanese, Mongolian, ringneck, silver, trag- opan), partridge (black India, cacubis, chucker,) sand grouse, 5 years. Mormrnim= dove, woodcock .- 2.5122. s heer te Bes Dec. 1-Sept. 1. Golden, upland. yellow-legged, or other plover, jack- | Apr.25-Sept. 1. snipe, Wilson’s snipe, sand or other snipe. “ Rail, duck, goose, brant, or other water fowl ----.-.--.. Apr. 15- Sept its Sale of game imported ‘from other States..---..--.---- Feb. 1-Oct.1 imdiana Y=... -=-- ID GC TeReme eats Ms Lo op acs, Seu e oe aes eee Se Jan. 1-Oct.1. (1881. ) Sqair PEI GISSO) ess Sano ye eee Os ee Dec. 20-June 1. Quail pheasant. 2..- 2-22. aU Pea ete ee Mees Se eS Na APE Sat nl ae Jan. 1—-Nov. 10. Brieenicken ca. Wikies oh cau) |e ete nahh) Vee Feb. 1-Sept. 1. Pheasants (copper or Soemmering, golden, green | Until 1905. ~ Japanese, ringneck, Mongolian, silver, tragopan). Vem key eee ee tae cess oe Se oe nl nee eee Feb. 1-Nov.1. IDYONE NS Sc ee ee es et eee one oI aoe 2 At all times. IWWiG Od CoGkae- se ae seein seit ne re tel & Bee Jan.1-July 1. NAYES NON GIG) Fe" Ea A Spc i cee ee ee ae Apr. 15-Sept. i OWE sscossor ol}. IDeerkelkeneoabieress fa Se ce peels seca es Ie RS At all times. (1897. ) Squirrel ( Sra yee OCI Ob: hOX aa aoe a= oe oe Jan.1-June 1. Quail, ruffed grouse or pheasant, wild turkey --_------ Jan. 1-Nov. 1. Pinnated grouse or prairie chicken .--.-.---.---------- Dec. 1-Sept. 1. TRumtlod Ov Cerca. eccleer he oe oe case beeen. Seaieo eee At all times. INVIO OG COCK tat eee oe ee sien Oe | ewe oe pe ee EE Jan.1—July 10. Wild dineie ose, branbs.5:--. 2 1k Se< ec Fee = Apr. 15-Sept. 1. GAINSAS se oncie ane Quailvarouses prairie chicken’ =-22 22). 5 totes ses Dec. 1-Oct. 1. (1897.) Pheasant, OW Ogata ae seasick Ph a eee ces es RR At all times. LOBAAEGEA PE SSS A A DYSON OF BE SSE Or a cae ee he eens Sees ee ee ee Mar. 1-Sept. 1. (1894. ) Squike SlCblackerays OrtOx = Sue eee ee ee hee eae Feb. 1-June 15. Oumilpareridee. pheasamt) seer soo s ceneeee eee ase We Jan. 1-Nov. 15. Wail cbeteire ey Bee sess cee eat UN oS os ee aed See ee Feb. 1-Sept. 1. IDXOR EMS See SS 9 AE ohn Rn ae Sets ee eo Feb. 1-Aug. 1. AWWie Och ccs leet eS 2 pe ee ee ee SS ee ee oak Feb. 1-June 20. Weed duck, teal, or other wild duck, goose -_----..---- Apr.1-Aug. 15. EA GUISTANTG) «5 SSRs MTD LECT Se hn et x ke en ee eee ne OGRE ry ce chee ere Oo Feb. 15-Sept. 15. (1900. ) Quail, partridse, pheasant, dove 2224-25 .--.222..2 22... Mar. 1-Oct. 1. Wali iirike ya een 5 5 Sete aot aes lS pt pe tw May 1-Oct.1. Woodidick, blie-wineed teal---:.2-.. 2222.2 .2222522-8- May 1-Aug. t. i Other Gwcha lass 29s: Pie esas | Apr. 1=Sept al: MMiginieGmrvss Sooo fet Deer in Knox, Lincoln, ‘and Waldo counties (except (1899. ) month of October); ; in Kennebec County (Dec. 1- Oct.1); in Androscoggin, Cumberland, Sagadahoc, and York counties (at all times to Oct. i 1903. ) | Meersn allothericoumties:2.) == Dec. 15-Oct. 1. Bull moose (cow or calf protected at all times) --__--_- Dec. 1-Oct. 15. Cri OUl Biases eee ee er ea see intikOch 5.190% COREG HT Se a ge SS NA ee ee eee oe a eee rs Dec. 1-Oct. 1. Ruffed grouse or partridge, woodcock - -.__.-.---------- Dec. 1-Sept. 15. Pheasant (except ruffed grouse), black game, caper- | Until 1909. cailzie or cock of the woods, 1C years RIOV GEN Smipe tsi Gd plpense -- --e 2-8 2st c. oe eee 8 May 1-Aug.1. : Wood duck, dusky or black duck, teal, gray duck ----. May 1-Sept. 1. Maryland? =... Deer, only in the following counties: (1898-1900. ) Aatleercuninge rs ee ier Ose 1 el esas Jan.l1-Aug.1 Gare Gomes 2s. eS a Ee Until Sept. 30, 1906 WViasiinlebenu: Ons 24. Lk eens Shel oo en ee Jan. 15-Nov.1 Squrnrelu(Geeiexceptions) je. 2. 2482 cates eect eee eet Dec. 1-Sept. 1. Exceptions: Allegany, Garrett (State law) Serra tie cae . Caroline meee 2s eo ae Dec. 25-Noy. 15 Frederick (gray or fox squirrel).-Nov.1-June 15 TSR DTC) oz Sie se eee ee Oct. 1-May 1 TEEN TIA acess Ge see ieee tgs a Ge Ata ae ee At all times Montgomery (gray squirrel) _-_-_--- Dec. 15-Aug. 1 Washington_.-Dec.1-June 1, and July 1-Sept. 15 WACONMNGCOs 55 22255 ooo aes Feb. 15-Sept.1 Rabbit: Baltimore, Baltimore City (sale), Calvert, Dor- chester, Howard, Kent, Prince George (State IEA) oe Snes eee eee eee eae Dec. 25-Nov.1 PNIESR ATRIA E eel Beer pee aac ce oe eee Jan.1-Oct. 15 Anne Arundel, Caroline, Queen Anne, Dec. 25-Nov. 15 1Close seasons for sale of game are different in the following cases: Quail, pheasant, Dec. 20-Oct. 15; wild duck, Apr. 13-Sept. 1. 2Tn Aroostook, Franklin, Hacoek Oxford, Penobscot, Piscataquis, Somerset, and Washing- ton counties a person may kill one deer in September for his own consumption as food in the locality in which taken. 3 The term ‘State law’ is used to indicate the seasons fixed by the public general law of 1898 in distinction from the special county laws. 'Theseasons which apply to the whole State or a majority of the counties are placed in the third column; those relating only to special counties in the middle column. 20 LAWS REGULATING TRANSPORTATION AND SALE OF GAME. Close seasons—Continued. States. Kinds of game. Close seasons. Maryland 22 s22s=—— Rabbit—Continued. (1898-1900. ) Carnrollic ce: 2 ee Sees ee ere eee Dec. 25-Nov. 10 Cecil.g2 222 Se een Jan. 10-Nov.1 Oharles 2022 is ae eer ie Ler ee penne Jan. 15-Oct. 15 Frederick, Harford _-__.......-..-.-Dec.15-Nov.15 Garretti(Statelaws pees eee Feb. 1-Nov.1 Montcomeny, jones ase ee eee eee ..-Dec. 20-Nov. 1 St. Mary: 2.622250 Soe eae Jan. 15-Sept.1 Somerset 236... 2 ee Jan. 1-Nov. 10 TValboticoca52et Sa ee oe ee ee eee Jan. 1-Nov. 1 Washing tone 2. 55s sie oe iene nen Dec. 25-Oct. 20 Wicomico: 2.4 e2tesecee oe eee ..--Jan. 15-Nov.1 W'orCester seit sees eee ee A eestee date Jan. 15-Noy. 15 Quail (or partridge): Baltimore, Baltimore City (sale), Charles, Dor- chester, Howard, Kent, Prince George, St. Mary (Statedaw) ies - eae ee ee Dec. 25-Nov. 1 Allegan y= 3 sac ek se ose sheers Jan. 1-Oct. 15 Anne Arundel, Caroline, Queen Anne, Dec. 25-Nov. 15 Calvertiscesc 3 So eee one Sees Jan. 11-Novy.1 Carroll: 22 -=286 eee eee Dec. 24-Nov. 10 Cecil 2.22265 ee re ene eerie an. 10-Nov.1 Prederick: 32 2.222.23-2 eee Until Nov. 15, 19021 Garrettci ee ee eee eee ec. 1-Nov.1 Hartord: ao. cas2s eee eee eee Dec. 15-Nov. 15 Montgomery eee. oeo-oe eee Dec. 20-Nov.1 Somersetucet sce Spo oee eet eee eee Jan. 20-Nov. 2 TallbOt: 2 25 ieee cet eae ee ene ee nee Jan.1-Nov.1 Washing tonto ee ae eee Dec. 25-Oct. 20 Wicomico, Worcester_-.-_..-------- Jan. 15-Nov.15 Rufted grouse (or pheasant): Baltimore, Calvert, Caroline, Charles, Howard, Kent, Prince George, Talbot (State law), Dec. 25-Nov.1 Allegany, Montgomery.......-....---Jan.1-Sept. 1 Anne Arundely asses eee Dec. 25-Nov. 15 Baltimore City, sale (State law) ----- Dec. 25-Oct. 1 Carroll, Queen Anne, St. Mary ------ Dec. 25-Nov. 10 ecil’=24222 4 22 eee eee Feb, 1-Sept.5 Dorchester, Wicomico, Worcester (State law), Feb. 1-Nov. 10 Frederick 2232252 eee Until Nov. 15, 19021 Garretts. 22255 -. paeneeeeee Dec. 1-Noy.1 Hartordice a 828. = seen eee Dec. 15-Nov. 15 Somersets.222.3 co eee ees Until Nov. 10, 1908 Washin a tons 25 Seana ee eee Dec, 25-Aug. 12 Iinglish pheasant, Mongolian pheasant (see excep- tiONS) .cced cess os cee e eR eee eee eee ee Dec. 25-Nov. 1. Exceptions: Dorchester, Somerset, Wicomico, Worcester (State law.) s222:3 2 eee Feb. 1-Nov. 10 Garrett, 2723S. sean ee eee Dec. 1-Noy.12 Wild turkey: Baltimore, Baltimore City (sale), Calvert, Caro- line, Charles, Frederick, Howard, Prince George, Talbotn(Statevlawaienesssseneaeaeeee Dec. 25-Nov. 1 AN Ge ain yest 3 Ses Gea es ee Jan. 1-Oct.15 Dorchester, Somerset, Wicomico, Worcester 3 (State dan, esses s see tone ee Helo mEsNowe 0 Garret ite 2. e a BE en Eee Dec. 1-Nov.1 Kien tose one Geo a eee ee ees ee At all times Montcomety sic 8a eee ee _.-Keb.1-Nov.1 Washine tones. 5 25 eeete! eer Jan. 15-Nov.1 Anne Arundel, Carroll, Cecil, Harford, Queen Anne, St. Mary --.-..--._.-_--...._.. Unprotected Dove (see exceptions) _._....-..---- Rae Oe oe on re Sa! Dec. 25-Aug. 15. Exceptions: Carroll, Frederick, Wicomico, protected at all times. Kent. 2os26 02.56.0452. eee eee Dec, 25-Aug. 1 SomersetywGa sass lee see eee Jan. 1l-Aug. 15 = Washing tons see eee Dee. 25-Aug. 12 Wild pigeon, Kent County only-..----- Dec. 24-Aug. 1 1Ch. 550, acts 1900; but see ch. 587, acts 1900, which permits killing of pheasants and partridges between November 15 and December 15. 2 According to an act passed in 1900 prohibiting the shooting of ‘any pheasant’ during stated season. If the term quoted applies only to ruffed grouse, the closed season for imported pheas- ants is Jan. 1-Nov. 1, as fixed by the general State law of 1898. 3 3Itis not clear whether the intent of the law is to protect the wild turkey in these counties for this season or to leave it unprotected. So las iis 3 ; oat ; : a : CLOSE SEASONS. . 21 ics Close seasons—Continued. States. - Kinds of game. | Close seasons. iand-..2 252.) Woodcock: | am(1898-1900. 1s Baltimore, Baltimore City (sale), Calvert, Fred- erick, Howard (State law). Dec. 25-July land Aug. 1-Noyv. 1 Allegany, Montgomery whiten a ea 2M Jan. 1-July 1 Anne-ATUNGC) oe eas ene Dec. 25-Nov..15 Caroline #2535 As ees a ee Feb. 1-July 5 Pa Caneoye ssa bees a eee seeeeee Dec. 24-July 15 . WAGE ea eee eae a ae Se ey eee Jan. i-June 10 Charles 22S ee oe Feb. 24-July 5 MOvCHesters 526 5 sess ee eae Jan. 15-July 1 GAErG bit eee: eee tae ea Dec. 1-Nov. 1 EIR ORG Sa see on ee eee Aug. 10-June 10 AGORA eae eters see Soo oy: Dec. 25-Nov. 1 Prince George, Dec. 25-June l5and Sept.1-Nov. 1 GueenyAnnes==se es. 82 ee ee Feb. 1-July 5 Ss We rs ll =e Oa ee eee an Feb. 24- July 5 SOMEESC Gees Sas are oe eee ne oe -Jan. 1-June 15 ANP OTs ae he eee teers RN he ee Jan. 1-Juiy 5 Washington...-.--.- le See eee Dec. 25-July 12 WAC OTMICOR tt et eee eee. See Feb. 1-June 15 WHOPGeShein 4 et Hoe he Until July 10, 1902 EZ OVEE(SCOOXCCDLIONS eo ge st aes esos ete cares May 1-Aug. 15. Exceptions: COP (0) NLS es Se ee ee ee May 1-Sept. 1 WGI es ae ee as re Aas Dec. 25-Aug.1 WHE OMICO Me ee oe ee Jan. 15-Nov. 15 WOE CCS Hikes: fae ote Sot See! Unprotected. : Snipes (See excCepLlious)).cer=— 40222 > ee ee eo dee May 1-Aug. 15. Exceptions; Caer Olle snes sere oe es a ee May 1-Sept. 1 1 L639 AN needs ees pn ope cp ke tame ey Ae a June 1-Mar. 15 Wicomico (‘sandpiper’) _---...--Jan. 15-Nov. 15 OF CESLC Rie oie, Fila apts ee ape ies _.Unprotected. Sora, water rail, or ortolan (see exceptions)-_--...----- Nov. 1-Sept. 1. Eaceptions:; @aroliner ee 6a - ot oot oa ce ae Jan. 1-Sept. 20 WE CHa te Ne Feehan ne Feb. 1-Sept. 5 UOT a ee Ne ee Dec. 15-Sept. 1 Prince George (on marshes of Patapsco, Poto- E; mac, or Patuxent bordering on Prince George or Anne Arundel counties) -.__- Noy. 1-Sept. 5 Ra Ot Ae see ee et ee Jan. 1-Sept. 10 Heecdihird(SESiexcepulOns)).. 3-222 .ca cess sacee oes s eee an Novy.1-Sept. 1. Exceptions: WecilP se ae ae Se S305) ES Feb. 1-Sept. 5 [SiS OTH Oo Ses es ne ee a Dec. 15-Sept. 1 Waconiico:C bobolink? 224: 2.-2-. 2.2. Atall times. Duck, goose, brant, swan, and other wild fowl (see | Apr. 10-Nov. 1. exceptions). Exceptions: Anne Arundel (‘ wild fowl’ on Magothy, South, ANGE SOVEEN, PIVOPS5-=-5 2. soon see _May 1-Oct. 1 Waroltine: (GiCk)i.25. st eee k Ap r. 1-Sept. 201 Cecil, Hartord:= 3-2-2. Special local provisions ! Charles (‘acorn or genuine duck’) (State law), ; r. 10-Oct. 1} Dorehester 32.5 .nas2552 Special local provisions ! somerset (duck, except wood duck)-_Apr.1-Oct 1 Miao or summer duck-_--_-.....-_Jan. 1-Sept. 1 COGSC Pre ee Oh a a Apr. 1-Noy. 1! Talbot (wild fowl, exceptsummer duck), on Great Choptank iver eee eet May 1-Oct 10 SUMUNem GUCK so. == se oe Jan.1-Sept.101 Wicomico (wood or summer duck) . Jan. 1-Sept. 101 ; Worcester (wood or summer duck)-Mar1-Sept.11 - | SLE USE CITT SE TCR BCs A 2 2 ee ae Until Nov. 1, 1908. (1886-1900. ) Gray squirrel, hare, rabbit (except on Cape Ann) -_--- Mar. 1-Sept. 15. | Quail, ruffed grouse or partridge, woodcock (except | Dec. 1-Oct. 1. / on Cape Ann). Eaten ST OUSOy GOV GC! 2-25 eee ae ons nko = At all times. Wild or passenger pigeon (except on Cape Ann) .......| May 1-Oct. 1. Pheasants (English, golden, Mongolian), 5 years .-.... Until 1905. Plover, snipe, sandpiper, rail, or any ‘shore,’ | May1-—July 15. ‘marsh,’ or ‘beach’ birds. Wood or summer duck, black duck, teal _._-.....--.-.- Mar. 1-Sept. 1. CHS EPO ge ce eyes es ate et Be ee eee ye oe ee ele May 20-Sept. 1. 1Otherwise as stated in State law. 2 Gray squirrels, chipmunks, rabbits, and all land birds except English sparrows protected at all times until 1902 on Cape Ann. % Imported quail may be sold by dealers, Dec. 1-May 1. Pinnated grouse, wild pigeons, shore birds, or ducks may be bought or sold by dealers at any season if such birds were not killed in Massachusetts contrary to law. 22 LAWS REGULATING TRANSPORTATION AND SALE OF GAME. States. Michioan 222252. (1897-1899. ) Minnesota 2___---- (1899. ) Mississippi? (1892. ) Nebraskans 22 o= INGVaAGas2-.-4 -c2- (1895-1897. ) New Hampshire. - New Jersey (1900. ) Close seasons—Continued. Kinds of game. Deer 1 (except fawn in spotted coat, protected at all times). Squirrel (black, fox, or gray) Quail (colin or prairie pheasant), ruffed grouse (par- tridge or pheasant, except on Upper Peninsula), spruce hen. Partridge (Upper Peninsula) ------------ Dec. 1-Oct. 1. DOVGi 2s 252 sei ct ae eee See eee Cee eee Pheasants (English or Mongolian), wild turkey, wild pigeon. : ; Plover, woodcock, snipe (except jacksnipe) : Jacksnipe, bluebill, canvasback, widgeon, pintail, whistler, spoonbill, butterball, sawbill duck, wild goose (except in Upper Peninsula). ; Wild duck, brant, or other waterfowl (except in Up- per Peninsula,and except those above mentioned). Wild duck, goose, brant,or otker waterfowl (Upper Peninsula) Jan. 16-Sept. 1. Deer (except first 20 days in November) Moc and caribou with antlers (except 5 days, Nov. 5-10). Moose and caribou without antlers. --..........---.---- Quail, partridge, ruffed grouse (pheasant) Sharp-tailed or white-breasted grouse, pinnated grouse or prairie chicken, turtle dove, snipe. Pheasants (Chinese. English, Mongolian),5 years Upland plover, woodcock wid duck, goose, brant, or any aquatic fowl----------- COP so eee nck ee Soe eee ee ee ee een Quail or partridge, wild turkey Turtle or mourning dove, starling (field lark) -_---.---- Deer (under 1 year of age protected atvall times) ------ Quail (Virginia partridge), ruffed grouse (pheasant or partridge), pinnated grouse (prairie chicken), wild turkey. Turtle dove, meadow lark, plover, woodcock Wild duck Deer, antelope, mountain goat Moose, Gli = oo oe a a Re eee Bison or buitalo, mountain Sheep=— eee Grouse, prairie chicken, fool hen or sage hen, pheas- ant or partridge. Quail, Chinese pheasantsc ceases ne ee Wildiduck; zoose; brant; Swale. se eee eee Deer: elk, antelope: 32-52 2226222 e ee eee Quail) wald turkey et cece ee ee ee eee Ruffed grouse or pheasant, pinnated grouse or prairie chicken, sharp-tailed, dusky, and other grouse. Turtle GOV6. 22cc- os oa eee eee eee ae ee ee Wild mallard duck, wood duck, teal, shoveler or spoonbill, canvasback, widgeon or baldpate, gad- wall or gray duck, dusky or black duck, buffle- headed or butter-ball duck, pin or sprig tail, ruddy or turkey-tail duck, goose, brant. Deer, elk, caribou, antelope, mountain sheep, moun- tain goat. Quail, partridge, grouse, pheasant, yellow-hammer, woodcock. Sage. cock (seejexceptions) = 222 2... oe eee eee Exceptions: Elko, Eureka, Lander, and Humboldt counties, Mar.1—-July 1. Plover, snipe, curlew, mud hen,sandhill crane, wood duck, teal, mallard, or other ducks, wild goose, brant, Swan. Deer, Moose; CAnTDOU se ones ae eee ee ee eee Gray squirrelAraccoony= eee sae ee eee eno Hare, rap Dita. soe ee ee ee Ea ee Quail, partridge, ruffed grouse, woodcock--___.____----- Pheasant, black game, caperecailzie. sharp-tail grouse. - Plover, yellow-legs, sandpiper, rail, duck (except shel- drake). (‘Beach birds’ may be shot in Rockingham County after July 15.) Deer, 3. Years -.22 3s.0o eee ee eee Squirrels (gray, black, fox), hare, or rabbit _.-.-..--.-- Quail (partridge), ruffed grouse (partridge or pheas- ant), English pheasant. Close seasons. Dec. 1-Nov. 8. Jan. 1-Oct. I. Dec. 1-Oct. 20. At all times. Until 1905. Dec. 1-Oct. 20. May 1-Sept.1. Feb. 1-Sept. 1. Nov. 21-Nov. 1. Nov. 10-Nov.5. At all times. Dec. 1-Oct. 1. Noy. 1-Sept. 1. Until Sept. 1, 1904. Oct. 31-July 4. Mar. 1-Sept. 15. Jan. l-Oct. 1. Jan. 1-Nov.1. Jan. 1-Aug.1. Apr. 1-Oct. 1. Jan. 1-Sept. 1. Nov. 15-Sept. 15. At all times. Dec. 15-Aug. 15. At all times. At all times. May 1-Sept.1. Jan. 1-Sept.1. Mar. 15-Sept. 15. Mar. l1-Aug. 15. Apr. 1-Sept. 15. Dec. 1-Sept. 15. Jan. 1-Sept. 15. Apr. 1-Sept. 15. Dec. 15-Sept. 15. Until Sept. 15, 1901. Feb. 1-Aug.1. Until Mar. 24, 1902. gan. J-Novolr Jan. 1-Nov. 1. 1 Deer and elk protected until January 1, 1903, in the following counties: Alcona, Allegan, Huron, Lapeer, Macomb, Ottawa, St. Clair, Sanilac, and Tuscola. ? Deer, moose, and caribou may be had in possession for certain purposes 5 days and game birds 10 days after close of open season. 3 County laws in force. CLOSE SEASONS. 23 Close seasons—Continued. Kinds of game. Close seasons. States. New Jersey ...---- Ring-necked pheasant, 3 years....---...---------------- Until Mar. 24, 1902. (1900. ) Dovevorass On upland plover eats ss sees see cee esses. Oct. 1-Aug. 1. Woodcock wee 11-July 1. aera a ae Ee ea Aug. 1-Oct. 1. Gray snipe (English or Wilson snipe)---..-. ---------- ~~ [iMag 1-Sep. a Reedbird, rail-bird, marsh hen ...... ..| Jan. 2-Aug. 25. Duck, goose, brant, or other web- footed wild fowl. ___- May 2-Sept. 1. New Mexico.....- Deer, ‘antelope, mountain sheep—all with horns (ex- | Jan. 1-Oct. 1. cept in counties named below). HAO RY CUE Gta ee et Aa eae te Eee ar myn mere er Le SNe. Until Mar. 16, 1904. Mountain Od tm eee eet Sabi Ses Cam ete Ae aye BERMAN ST At all times. wild turkey (except in counties named below). |. See | fey Quail, partridge, grouse, prairie chicken, pheasant, | Jan. 1-Oct. 1. In counties of Colfax, Guadalupe, Rio Arriba, “a San Juan, San Miguel, Santa Fe, Taos, and 7 Winton alcamem ttf e sien ee Fees 2 Dec. 1- ceeee 1 a Pheasants (Chinese or Mongolian) 5 years ......--...-.| Until Mar. 10, 1902. mee New York _....... (See special laws for Long Island below). | Bs) (1900. ) Deer (except in counties of Delaware, Greene, Sulli- | Nov. 16-Sept. 1. van, and -Ulster, where protected until 1902, and a except fawns, protected at all times). i nike moose, Caribou, antelope: .--- 2.2222. see tensa. At all times. a Squirrel (black or gray) Bae UN ete eae ee ek Ce See Dee. 16-Sept. 1. . Hare, rabbit—only in counties of Albany, Columbia, | Dec. 16-Sept. 2. Hrie, Fulton, Greene, Hamilton, Livingston, Mon- roe, Orange, Orleans; Schoharie, Steuben, Ulster, and Wyoming. Richmond County, Dec. 31-Nov. 2; Oneida and be ; Sullivan counties, Feb. 15-Sept. 16. mee (Unprotected in rest of State except on Long % Isiand. ) Quail (except in counties of Genesee, Montgomery, | Dec. 16-Nov. 1. HEnRpelAor and Richmond, where protected until 3.) Grouse (except in Sullivan and Ulster counties, | Dec. 16-Sept. 16. Dec. 16-Oct. 1, and in Rensselaer County, where protected until 19038. ) a DOV Cm ae eee tanec nt era e ky See ape PAS CRN es Bee At all times. f Pheasants (Mongolian ring-necked) __.-.. .--.-.....---- Until 1905. Bis Woodcock (except in Clinton, Essex, Fulton, Hamil- } Dec. 16-Sept. 16, ps ton, and Warren counties, Dec. 16- ‘Aug. 16; Oneida County, Nov. 16-Sept. 1; Richmond County, Jan. 1- July 4,and Ulster County, Dec. 16-Oct. 1; in Rens- selaer County until 1903. ) Plover, surf bird, Wilson’s or English snipe, bay | May 1-Sept. 1. snipe, curlew, rail, water chicken, mud hen, galli- nule, bittern, grebe, or shore bird. Nouiroated wildtfowls.. oe) eID Apr. 30-Sept. 1. Long Island --....; Deer shooting permitted only on first two Wednes- days and Fridays of November. ; Squirel (black or gray) hare, rabbit...,...........----| Jan. 1-Nov. 1 _ @uwailee rouse uwOOd COCK aa ste os oa ct hen ee Jan. 1-Nov. 1. - Pheasants (English or Mongolian ring-necked), in a Sirol County only: 72-2 kesse oo kee 2! Feb. 1-Oct. 1 Plover, ring-neck, killdeer, oxeye, curlew, Wilson’s } Jan. 1-July 1. 3 or English snipe, jacksnipe, bay snipe, surf snipe, 7 winter snipe, yellow-legs, willet, dowitcher, short ‘ necks, sandpiper, rail, bittern. Meadow hen, mud hen, gallinuleverebe 722222! 228. ee. Dee. 15- Aue. 16. Web footedwildi tow) 2810. ook ha tos Fee May 1-Oct. 1 N OLeMCarolnea.-4|) Deer (See exceptions) 22.220 Ji ee Jan. 1-Oct.1. Ya (1883-1899. ) Eaceptions: ie SCR O Nee eames eRe ee be AME 282 Lay Feb. 1-Aug.1 7 Carlawiellee ers Leon et es es vee oo Until March, 1905 Cherokee, Graham, Jackson, Richmond, Swain, Feb. 15-Aug. 15. Clave Miaconee’ see fo wee ome sees Soe 2 Until 1902 4 Currituck (on North River side of Poplar Brand a COWDShIp) 2 see os ese ee eee Mar. 1-Sept. 21 ee Wane S tm Stes soe sowie Soe ao Mar. 1-Oct. 15 ee Hyde (except near Mattamuskeet Lake), Tyrrell, s Feb. 15- Aug. 1. oe . IPGMOGI: tee cen tact eso eee eee cee to Feb. 1-Oct. 1 — HO ca ir Ee eo ea 2a ek Mar. 15-Oct. 15 a Columbus, Johnston, Montgomery, and all the he counties east of the Wilmington and Weldon R.R. (except New Hanover and such as are a mentioned above).-....-..--...---- Unprotected ¥ Squirrel: 4 Bertie. Mantis =ss2 een ae wees eee Mae ll Action 15 - ‘ iPasquotamidnass 222 of fe Net ee Mar. 1-Oct. 1 \ NYE WANG SSE NE Fe ae Searle ay ee Se oe Mar. 15-Oct. 15 vt a ner) ee Se nray ea EL See eel Fe ee ee eS eM a ee hee Shr eee ee ee Ody OM ON EL e e pene ‘ie, 7 an 1 &r 5 ve " ig A 24 LAWS REGULATING TRANSPORTATION AND SALE OF GAME. Close seasons—Continued. States. Kinds of game. Close seasons. North Carolina-.--| Opossum: (1883-1899. ) Allamance, Anson, Caswell, Chatham, Franklin, Gaston, Guilford, Halifax, Mecklenburg, Moore, Orange, Wake, and Warren-.--.-.----- Feb. 1-Oct.1 Vance Ssc22 ee eee Bee ae a Mar. 15-Oct. 15 Quail or partridge (See exceptions) =- 2-22 s2e- = seas e- ee Mar. 15-Novy. 1. Exceptions: Beaufort, Hydez- 2. ia 20-Ock lo Bertie, Granville, New Hanover, Richmond, Apr. 1-Oct. 15. Cabarrus = 32255522 eee eee Mar. 15-Nov. 15 x Camden, Dare, Tyrrell ..__--.-.-_- Mar. 1-Oct. 15 Currituck. 2 css ee ee Apr. 1-Dec.1 Davidson. ce -s2 4S see Apr. 1-Oct.1 Mecklenburg, Montgomery, Wilson, Feb. 1-Nov. 15. Pasquotank 32. . 22.2 s22eec spe ecese= Mar. 15-Dec.1 Randolph) seers sc hee eee Mar. 1-Nov.15 ROWan @ 2222" sae ee ones Feb. 15-Nov.15 Warren 22240 See Sie oe eae ee Mar. 15-Oct. 10 Carteret, Cherokee, Clay, Columbus, Dare, Graham, Jones, Macon, Onslow, Swain, Tyr- TOL o- ce ee tee eee ae ee Unprotected Pheasant: Cherokee County only. ----- May 10-Oct. 10 Wilditurkey(Geciexcep tions) == -s2. seen eee Mar. 15-Nov. 1. Exceptions: Bertie, Martin (male birds) .......- May 1-Jan.1 Chatham 352 2b a2 Ut ss ee eee Mar.1-Nov.1 Cherokee.t=- 422-522 eee eee May 10-Oct. 10 DMawidSOlea: scrcess sere e ees ease Mar. 1-Novy.15 IMaCOns 2) eee eo oca ie saoe Oe ae ee ee May 1-Oct. 15 Pend @risens fee eee e ae. Jas nema! Feb. 1-Oct.1 Randolph) 250-22. eee. sce na eee -Feb. 1-Dec.1 S Gan liyje ee ee aee eh a At all times Warren. ss oe eee ae eee Mar. 15-Oct. 10 Carteret, Clay, Columbus, Craven, Cumberland, Dare, Duplin, Graham, Jones, Macon, Mont- gomery, Onslow, Swain, Tyrrell. Unprotected c Dove (Seaexceptions) Samer Sc ese ce ee eee eee ee Mar. 15-Nov. 1. Exceptions: : Beaufort, Hyde --...- Jy Se eaten Mar. 20-Oct. 15 Bertie, Davidson, Granville, New Hanover, RichMOn Geshe se eee ene ee Apr. 1-Oct. 15 | Cabarrus: 2:26 seen eee Mar.15-Novy.15 Mecklenburg, Montgomery, Wil- SOM he ark Se Soke ales Seen tonke Meee Feb. 1-Nov. 15 Vance te. oie sere ae ae Mar. 15-Oct. 15 Warren 2c 2.22) Bia ee eee 7 ee Mar. 15-Oct. 10 Carteret, Cherokee, Clay, Columbus, Craven, Cumberland, Dare, Duplin, Edgecombe, Gra- | ham, Jones, Macon, Montgomery, Moore (practically), Onslow, Pamlico, Swain, Vyr- | rel, Wilsons 22..2426-c2c eee eee Unprotected Woodcock: Randolph) sseeee eee eee eae Mar. 1-Noy.15 Vanceteige et oo aS oe oe eee Mar. 15-Oct. 15 ’ Marsh hen, curlew, and other shore birds: IN@w: am Over pees 2 2 ae eee eee Apr. 1-Sept. 1 Vance 222--_- yon) WIEN 8 Sea aPane opeenne e Mar. 15-Oct..15 | Wild fowl: Brunswick, New Hanover -.-.-.--... Mar. 10-Noy. 1 \ Carterethee cease eee eee Jan. 1-Dec. 1 | Currituickies sso ee eee Apr. 1-Nov. 10 Vance 2ontseee- 27. pee ee Mar. 15-Oct. 15 North Dakota-2-.| Deer) 25 Pi Satya ea cage oN oa ee eg Re Dec. 10-Oct. 10. o (1899. ) Eee caribou, buffalo, mountain sheep, ante- | At all times. Vi ope, i Quail, English or Chinese pheasant, wild swan,6 years_} Until Aug. 21, 1905. ) Sharp-tailed grouse, ruffed grouse, pinnated grouse, | Oct.1-Aug. 20. . prairie chicken, woodcock. Crane, wild! souse. branteea eee ee eee May 1-Aug. 20. iy ; Wild duck 230555) 0552 3 Sosa es ee Jan. 1-Aug. 20. Ct eee Wild deer... 42 3 ee ee eee Dec. 16-Nov. 10. (1900. ) Squirrei, rabbit -_-._- anc a ee Se ee ee Dec. 2-Nov. 10. Quail, ruffed grouse or pheasant, prairie chicken, | Dec.2-Nov. 10. plover, killdeer, woodcock, snipe, rail. (Dec. 2-Mar. 10 : ec. 2-Mar. 10. Coot ieee mud hen; -waldducke== 225265 ee eee \Apr. 11-Nov. 10. English, Mongolian, and ring-necked pheasants- ----- Dec. 16-Nov. 10. 1Close seasons for sale of game: Dove, Dec.16-July 4: killdeer, plover, snipe, rail, May 16- Sept. 1; coot or mud hen, wild duck, Apr. 16-Sept. 1. CLOSE SEASONS. | | 95 Close seasons—Continued. States. Kinds of game. Close seasons. Oklahoma ...----- Deer, antelope ......... EPR RPE Ye Uae Ser Pe EEE EEE At all times. (1899. ) GUST Ee On 29 USS y Sec a Se nee Ses Ald DREN fel 2 Feb. 1-Oct. 15. : Praipio chicken’ wild turkey 722202 Sete. Jan. 1-Sept. 1. Mongolian or other pheasants: -- 2.222 ue essen sees enone Until Jan. 1, 1904. GROMSOMe Eee sea ic noe eres ee Re ee ee SRN EL ET eh At all times. DOVE SDIONMER) Phi: Siz. a. Zematacitdaals ie ae oe LAC ek see Bye ee Aa Jan. 1-Aug. 1. eh Sale eens Deer (except spotted fawn, protected at all times), | Nov. 1-July 15. re C1895--1899. ) moose, mountain sheep. TD eck ts At Se ee SAL ERR es gee ae Ns eer ad LUN rhs ae Until 1910. Silver-gray squirrel (Sciwrus fossor) ...-.----- ..| Jan. 1-Oct. 1 Quail or partridge, grouse, prairie chicken, pheasant Dec. 1-Oct. 1 or Mongolian pheasant, see p. 16 (Mongolian pheas- ants protected in Clatsop, Coos, Curry, Jackson, and Jose phine counties until 1902). Wild turkey, English partridge, 5 years....-.--.-.----- Until Feb. 1, 1904. TACKS) One cera eee eae nee cornre SEER Ge woe temeeee Feb. 1-Sept. 1. Mallard, wood duck, widgeon, teal, spoonbill, gray, | Mar. 15-Sept. 1. black, sprig-tail, canvasback duck, wild swan. East of Cascades: Quail or ‘ bob- white’ protected at all times; eres Noy. 1-Aug.1; prairie chickens, Bere 15-Sept. 1 ; Mongolian pheasants protected at all times. Pennsylvania-...- ID YSERA Ee ee EN ae eee ee peer he ea ae Dec. 1-Nov. 1. (189 Squirrel (black, eray, OLE OX) Pee a ee ae rn ee anes Dec. 16-Oct. 15. FEA etal Ooi Gis skeet cm seta eet apa Meee ek PO eal Far ie Dec. 16-Nov. 1. Quail, partridge, grouse, prairie chicken, pheasant, | Dec. 16-Oct. 15. wild turkey. Pheasants (Chinese, English, Mongolian), 5 years----- Until May 27, 1902. Widadeoel ree 16—-July 1.- MoM Coe t ae eN EE Sova Sac TN GS Sis erro. Fee ee Aug. 1-Oct. 15. Wiplandtonorassiplovierce ess. a... ose onlee cee sete a aee Jan, 1-July 15. vaMareed nine qcseee arse tac tec eee come se eseke Dec. 1-Sept. 1. Wels-foobed wild) fowl (2c! .4cc. coco cece deinen ods May 1-Sept. 1: Rhode Island ---.- IDYSteii a GET aS) eS een Sms ee Ae a ere bed ee epee eee Until Feb. 1, 1905. (1900. ) Gram squirtel rabbits hare: 222.2226 4.00. a s.isk woe Jan. 1-Oct. 15. Quai or bob- white, ruffed grouse or partridge, wood- | Dec. 16-Oct. 15. coc Pheasant (except ruffed grouse), 5 years _.-....-.-.---- Until Oct. 1, 1905. DON Cet ee ae AE ene nee oar eae ema ae ve ee Eb At all times. Plover, snipe, sandpiper, peep, sanderling, greater | Dec. 16-July 15. and lesser yellow-legs, curlew, rail. Wildtduckrsoose, brant s 22-06 oo anne ace wae see Jan. 1-Aug. 15. South Carolina.) Deer (Seelexceptions) 028 yi 22 eo. a Seek gk Feb. 1-Sept. 1 EHaceptions: Berkeley, Glavondonl Colleton, Dar- lington, Georgetown, Horry, Kershaw, Marlboro, Marion, and Williamsburg. __._---- Feb. 1-Aug. 1 Quail, partridge, pheasant, wild turkey, woodcock....| Apr. 1-Nov. 1. ; Mongolian or ring-neck pheasants, 10 years ---....--.-- Until Dec. 22, 1903.. ONC R RE reir tm ee AE OY ol Se a sa aes Mar. 1-Aug. i South Dakota...-.-- Deer, elk, antelope, buffalo, mountain sheep. -_-----.-- Jan. 1-Oct. 15. - (1899. ) Quail, ruffed grouse, sharp-tailed_ grouse, pinnated Jan. 1-Sept. 1. 4 grouse, prairie chicken, woodcock. =: FEAO MOR CULIOWs tea eee se ee Hoes Si RS ee May 15-Sept. 1. =, Maldicrane; duck, soose. bramte-- 2-2. 42... 5--sesess=— May 1-Sept. 1. mee Lennessee ._.....-. Deer: (1896-1899. ) Anderson, Cheatham, Coffee, Dickson, Fayette, ‘g Hamblen, Hardeman, Haywood, Houston, Jef- ae ferson, Knox, Lake, London, McMinn, Monroe, a Obion, Roane, Rutherford, Stewart, Sumner, a Tipton, Trousdale, Williamson... - Jan. J-Aug.1 Carter, Johnson (by law of 1887), Sullivan. Pro- ‘ tected absolutely. \3 2 Bedford, Davidson, Dyer, Giles, Henry, Madison, a IPA Yau Vl SOMs Seeese. coneess < nese - Mar. 1-Sept.1 E Bledsoe, Cumberland, Dekalb, Fentress, Hamilton, Hancock, Johnson (by law of 1893), Montgomery, Morgan, Rhea, Unicoi, White--_----. Dee. 1-Oct. 1 a Pein klittess fete aoe aa oy eee ee ss Jan. 1-Oct. 1 a Grainger, Lauderdale ............-_-. Mar. 1-Oct. 1 if Handini e242 2520.3 Se es eT Mar. 15-Sept. 15 re, Delp yas Oe ee eepree epgee B Feb. 1-Sept. 1 i Velie to os = ee eg ee ee eee Feb. 1-Nov. 1 The restrictions on deer hunting in the remain- ing counties seem to be somewhat uncertain. % Squirrel: (Shelby County only)-.----- Feb. 1-Sept.1(?). oe Quail or partridge: “ Anderson, plead Cocke, Coffee, Dickson, Fay- ae ette, Hancock, Hardeman, Houston, Jeffer son, a Knox, Lake, London, McMinn, Monroe, Roane, Sevier, Stewart, Sumner, Tipton, Williamson. Mar. 1-Nov. 1(?) Bedford, until Feh. 10, 1902; Bradley, ee var b, l= Nov. 96 LAWS REGULATING TRANSPORTATION AND SALE OF GAME. Close seasons—Continued. States. Kinds of game. Close seasons. Tennessee __------ | Quail and partridge—Continued. | (1896-1899. ) Carter, Hamblen, Hamilton, Hawkins, Hender- : son, Henry, J ohnson, Marion, Sullivan, Unicoi. i Apr. 1-Oct.1 ' Cleatham 2.2.2 377 eee Mar. 1-Oct. 15 Hf Davidson, Lincoln, Madison -_.----- Mar. 1-Sept. 15 Dyer. tsi 2 22 a. Sa ees eee eee Apr. 1-Sept. 1 | Franklin 2.3.26... 39 eee Apr. 1-Dec. | Gibson, Giles, Weakley, Wilson (ae of 1899). Mar. 1-Novy. 1 Grainger, Lauderdale __.---_--.-.-_-- Mar. 1-Oct. 1 Hardity>. 2c 15 oe ie Mar. 15-Sept. 15 Haywood, Mar SE Montgomery, Rutherford. Feb. 15-Noy. 16 Maury 252223 see 2 Boe ee Until Apr. 17, 1901 Obion;:;Shelby;a-sss0s-- Until Nov. 15, 1900 Putnar sche ek eae ey Ney Feb. 1-Oct.1 Robertson. fe < se eee Eee re ee ee Feb. 1-Sept.1 TrousGale s.1 2 eee Ae ae eee Jan. 1-Nov.1 Washington - Gite eo sso) he DMN Ovele Wilson ( aw of 1897) _ Tie) Ree PE ES Until Mar. 30, 1902 The restrictions on quail shooting in the remain- ing counties seem to be somewhat uncertain. Grouse: Bedford, Davidson, Dyer, Giles, Hamilton, Henry, Lincoln, Madison, Maury, Wilson__Feb.1-Sept. 1 Bradley, Greene, Warren .--.--.------ Feb. 1-Nov.1 Cheatham, Montgomery ------------- Mar. 1-Oct.15 Gralnver ss yee ce See eee Mar. 1-Oct.1 (ar Gin eo Se cee ee ee ee Mar. 15-Sept. 15 Robertson, Sumner, Trousdale__ Until Apr. 21, 1904 Shelby 2) =: 2522225 eee eee Feb. 1-Sept. 1 Pheasant: Bedford, Davidson, Dyer, Giles, Lincoln, Madison, Maury, Walson: =. =e soe ae Mar. 1-Sept.15 Bradley, Greene, Warren. -__-__-----.-- Feb.1-Nov:1 Carter, Hamilton, Hawkins, Henry, Johnson, Mar- ion, Sullivan, Unicoi, Washington __Apr.1-Oct.1 Cheatham, Montgomery ------ -------- Mar. 1-Oct. 15 Graince ret eo es tee ee eee Mar. 1-Oct.1 Hardin. 6. {eS ee ee eae. 3 Mar. 15-Sept. 15 iaiyi WiOOG =) eee heen ee eee eee Feb. 15-Nov. 16 Putnam.:=i oo, seeeee ee eee es eee Feb. 1-Oct.1 Robertson, Sumner, Tr ousdale e aon 21, 1904 JWealkley. “2-20 52S 22S ee tees Mar. 1-Nov.1 Chinese pheasant (except Warren County, until Feb. ate ley eae and other [imported] pheasants. ---- Until Mar. 13, 1902. urke Bedierdl Davidson, Dyer, Giles, Madison, Maury, Wilsona (eo al gts AF eee May 1-Sept. 15 Bledsoe, Fentress, Rhea, White____-_-- May 1-Oct.1 Carter, Greene, Hamilton, Hawkins, Henry, Johnson, Marion, Sullivan, Unicoi, Washing- PONS See oe ee eae eee =. Nopr. 1-Oct.1 Cheatham, Montgomery ._____--_---- Mar. 1-Oct. 15 Branklin ses; Se tee ene Apr. 1-Sept.1 Graincer, Wauderdales- = eo. - a Mar. 1-Oct.1 ELATOIN St eee hie. eee ee aE Bs Mar. 15-Sept. 15 Ela y-w0ed 22! 3822 27s. Jose ees Feb. 15-Nov. 162 . (LainGolmeeen st 2 ai se ee Mar. 1-Sept. 15 . | Moreancaee ters eae Sees eee Qoetel Dec. 1-Oct.1 Putnam’ (aes es ee ee Feb. 1-Oct.1 Robertson, Shelby i22t' ae ees Feb. 1-Sept.1 Warren ese oeb oh ee oo eee Hebel Nove , Wieakley, feces to) se hee e ne es eae Mar.1-Nov.1 | a Wilson vandoics other game birds’)._Apr.1-Aug.1 ove: Bradley AGreen@sccs sae. Sone eee eee Feb. 1-Nov.1 i Cheatham, Montgomery --_-....____-- Mar.1-Aug.1 Wilson (laws Of 1897, p: 423)—.-.-- Until Mar. 30, 1902 | Wilson (laws of 1899, Di Dessseesa see Apr. 1-Aug.1 . ; Plover: Cheatham, Montgomery ny ae. aes May 1-Sept. 1 Wilson (under ‘other game birds’)__Apr.1-Aug. 1 | Woodcock: ; Bedford, Davidson, Dyer, Giles, Lincoln, Madison, - Ma tiny 2-2 f Eo eet ee ee Mar. 1-Sept. 15 Bradley Greene! 2 Feb. 1-Nov.1 Carter, Hamilton, Hawkins, Henry,Johnson, Ma- rion, Sullivan, Unicoi, Washington.. Apr. 1-Oct.1 1An attempt is made to make the close season for turkey in this county May 1-Noy.1. See Laws of 1897, p. 420. CLOSE SEASONS. Close seasons—Continued. States. Tennessee _-_------ (1896-1899. ) Wermotnt.2_.....-- Waroiniat Sooo 22. te. Kinds of game. Close seasons. W oodcock—Continued. Cheatham, Montgomery-.-.-.---.---- Mar. 1-Aug.1 ERT ee = oe nee ee See ee ae eee Mar. 15-Sept. 15 SV AWOOG 5 once ce Been one seems Feb. 15-Nov. 16 Robertson, shel by2222 se e-s2 eee oes Feb. 1-Sept. 15 WViISOne se erent anes eye he BP eee Until Mar, 30, 1902 Snipe: 2 Bedford, Davidson, Dyer, Giles, Lincoln, Madison, JS ROW Saas la alg 2 apa ol tte Mar. 1-Sept. 15 Bradley, Greene. aoc. ee eae aces oe Feb. 1-Nov.1 Cheatham, Montgomery .-......------ May 1-Sept.1 Varin e os eee eee eee Mar. 15-Sept. 15 inobertson ohelibyios2 ose eee eee Feb. 1-Sept. 1 NS OMec rs wean se een come Sarena ees Until Mar, 30, 1902 Duck: * Cheatham, Montgomery -..-..-..------ May 1-Sept.1 Grainger, Lauderdale -._..__..---._--- Mar. l-Oct.1 VCR G yu eee reed re er see ete Sera EN Mar.1-Nov.1 AABN Gy SD Oc A ok a a ls A ES ee Feb. 1-Nov.1 Wilson (under ‘other game birds’).-Apr.1-Aug.1 WECIIeH sar stet re hike Sain Vee Re Rees Ye ee We NSE Eee oe Jan.1-Sept.1. FATHLCLODOSOLYVCHES eos ae eee ERAT EAE JSR ERE Pelee Until June, 1902. Gusikompaviiideoue. wee ee ee ere ene eae Mar. 15-Oct. 1. Prairie chicken or pinnated grouse.___...---.---------- Feb. 1-Aug.1. WALL GUSGUITScCiyje ane pete ee eee ee ee ee ee ee ede Apr. 1-Sept.1. Pheasant (English or Mongolian),5 years.-..-.--------- Until June, 1902. ID IBXEN Phan set et cau d a= peee i gly late i pte oes fe dd nig A edema Nov. 1-Oct. 1. Elk, buffalo or bison, mountain sheep, antelope, quail | At all times. (see exception), English, Mongolian or Chinese pheasant, pinnated grouse, any introduced game animals, or game birds. Exception; Quail (Kane and Washington counties only) Mar. 1-Oct. 1 Partuidge, grouse, prairie chicken, sage hen, pheas- | Dec. 1-Aug..15. an Mourning KONO G SEES IR ESO See ee eee Dec. 1-July 1. Snipe, duck, wild goose, brant,swan_.....-.-.-..------- ae Aeene: ‘ed Deer (with horns may be killed only during last ten | Noy. 1-Oct. 22. days of October). Deer without horns, moose, caribou ._-..-..--.-.------ At all times. 1RSE7) ON aU Spar BNE i eye ay ar a ae Bla De pa May 1-Sept. 1. Quail, ruffed grouse or partridge, plover (other than upland), woodcock, English snipe, wild duck, OOSC rae ee ree ee ek ne ee ent nee ne St ee ens Pan ae cnn ciee te Jan. 1-Sept. J. Pheasant, Hnelish partridge. /---. 22-2 2 82. Nov. 20-Oct. 1. WiplamceoOlovers ses ete teen oe ho ee eee een Dec. 1-Aug. 15. IDES TOS recht SoS ls Pa a et ng Art Jan. 1-Aug. 15. Quail or partridge : Accomac, King George, Lee, Northampton, Noruhumibertang: ss. s2 0k es aos Jan. 15-Nov. 15 Albemarle, Fauquier, Gloucester, Loudoun, Mathews, Prince William, Roanoke, Shenan- Goal Wither. 22e:-foe eso see et cee Jan. 1-Nov. 1 Alexandria, Bland, Buchanan, Campbell, Carroll, - Charles City, Chesterfield, Craige, Dickenson, Giles, Goochland, Grayson, Greene, James City, Louisa, Lunenburg, Madison, Middlesex, Mont- gomery, New Kent, Orange, Page, Patrick, Pitt- sylvania, Powhatan, Prince Edward, Rappahan- _nock, Russell, Scott, Tazewell, Warwick, Wise, Worle (Statepaiw: rset seco cn secon es cone c ete Jan. 1-Oct, 15. Alleghany, Augusta, Bath, Botetourt, Highland, VRC (Gl Ea] Oil 5 207= yah eae ee eed een eg a Dec. 25-Nov. 1 Amelia, Brunswick, Buckingham, Cumberland. Laneaster, Nottoway, Richmond.-Feb. 1-Oct. 15 Amherst, Caroline, Charlotte, Dinwiddie, Essex, Franklin, Hanover, Henrico, King William, Nelson, Prince George, Pulaski, Smyth, Spott- sylvania, Stafford, Surry, Washington, West- TNO ANC AA S14 see Se ae See Feb. 1-Nov. 1 AD POMAL LOX See ee nee eeeet tee Unprotected Bedford, Culpeper, Fairfax __.-_-.-- Jan. 15-Nov. 1 @larke Ware. foots ee. eee eee Dec. 25-Oct. 31 Elizabeth City, Norfolk, Princess Anne, Feb. 1-Nov. 15 1a Kon (0 aes Saye See bye tee MES MART Ge Soe A Jan. 15-Oct. 1 TOI TA Ez 010 G2 yeh ts cog DRM bi bas ate g 2 Sy eee Jan. 15-Oct. 15 POC ORICK: So2 2. ase TSS te Fey herein Ae Dec. 15-Nov. 1 28 LAWS REGULATING TRANSPORTATION AND SALE OF GAME. Close seasons—Continued. States. Virginia Washington .-.... (1897-1899. Kinds of game. Quail or partridge—Continued. Greenville, Sussex, Isle of Wight, Nansemond, Southampton... == Feb. 15-Noyv. 1 Halifax, King and Queen ---_-..-.-.. Feb. 15-Oct. 15 Henry |.) ieee eee Feb. 1-Oct. 25 Mecklenburg 222-2 =- es eee Mar. 1-Oct. 15 Rockingham... .--:.2225 225 22 peetab-Oct> Pheasants or ruffed grouse, wild tur key, west of Blue Ridge (except Rockbridge County)-.--.-.------ ------ Feb. 1-Sept. 15. In Rockbr idge and all counties Mate of Blue Ridge (except Fluvanna, Feb. 15-Oct. 15; Prince Ed- ward, Mar. 1-Oct. 15) English or "Mongolian pheasants protected atalltimes in counties of Albemarle, Alleghany, Augusta, Bath, Bedford, Culpeper, Fauquier, Highland, Loudoun, Louisa, Montgomer y, Prince William, and Rock- bridge, and in city of Charlottesville. Woodcock eee Alexandria and Fairfax counties, Jan. 1-July 4) Marsh hen Willet Water fowl (except summer duck)--___----- wee ene See eee wee eee oe em ee eee ee ee eee eee eee ee eee Deer (except spotted fawn, protected at all times) - Sie: Elk, moose, caribou, antelope, mountain sheep, moun- tain goat. Bobwhite, California valley quail, mountain quail, | oriental ‘pheasants(bronze, Chinese,1 copper, golden, Mongolian,! ring-necked, silver), 2 years. Partridge, grouse, sage hen, native pheasant, ptar- | migan. Prairie chicken (protected in Kittitas and Klickitat counties until October, 1901). Plover, rail, sandhill crane, mallard, canvasback. widgeon, teal, wood duck, spoonbill, gray or black duck, sprigtail or other game duck, swan or other game waterfowl West Virginia....| Deer (except spotted fawn, protected at all times) ---- Wisconsin (1898-99. ) Wiyoming._—. 2... (1899. ) British Columbia. (1898. ) Manitoba =.=... -- (1900. ) Quail or Virginia par tridge Ruffed grouse, pheasant, pinnated grouse, or prairie chicken. Snipe Blue-winged teal, mallard, wood duck or other wild Guck, goose, brant. Deer (in red coat, or fawn in spotted coat, protected at alltimes; all deerin Shebcyganand Fond du Lac counties until Apr.10,1902) excepting first 20 days of November. Quail, pheasants (Chinese, English, Mongolian) Partridge, grouse, prairie chicken or hen, pheasant, plover, woodcock, snipe (see also below). Turtle dove Wild duck, brant, or any aquatic fowl, except wild goose, but including snipe. Wild goose Deer, are antelope, mountain sheep, mountain goat _- Moose, 3 years Partridge, grouse, prairie chicken, prairie hen, pheas- wane a ee ee a a ee en ee ee ene eee eee ee eee eee ween Se ne ee ee ne ee ee ee eee He eee oe ee eee - ee Sage chicken Plover, snipe. green shank, tatler, godwit, curlew, avocet, or other wader, duck, goose, brant. | Wild swan____._.. - 2 Deer (fawns protected ‘at all times), mountain ‘sheep (ewes and lambs protected at all times), mountain goat. | Elk or wapiti, moose, caribou (cow or calf elk, moose, or caribou pr otected at all times), hare. Quail, English partridge, pheasant--.-...-.--.-----.----- Grouse, prairie chicken: eee Plover, duck Deer, elk, or wapiti, moose, caribou or reindeer, ante- lope or cabri (females of foregoing species pr otected | atall times). Quail, plover, woodcock, snipe, sandpiper oon ouse, pheasant, partridge, prairie chicken uck eee eee ew wee ees © ee eee Pee eee ee ee ee ee ees ees ese set cess 1Except in Skamania County. | June 20-Jan.1. | Mar. 1-Aug. 15. .| At all times. Close seasons. Jan. 15-Oct. 15. Apr. 1-Nov. 1. Jan. 1—July 15. .| May 1-Sept. 1. Dec. 15-Sept. 15. Noy. 1-Sept.1. Until Oct. 15, 1901. Dec. 1-Aug. 15. Dec. 1-Aug. 15. Dec. 15-Oct. 15. Dec. 20-Novy. 1. Dec. 15-Oct. 15. Jan. 15-Sept. 15. At all times. Nov. 2-July 15. July 1—Mar. 1. Apr. 1-Oct.1. Nov.21-Nov.1. Until Sept. 1, 1901. Dec. 1-Sept. 1. At all times. Jan. 1-Sept.1. May 1-Sept.1. Dec. 1-Sept. 1. Until Sept. 1, 1902. Dec. 1-Aug. 15. Oct. 15-July 15. May 1-Sept. 1. Dec. 15-Sept. 1. Jan. 1-Sept. 1. At all times. Jan. 1-Sept. 1. Mar. 1-Sept. 1. Dec. 1-Sept. 15. 44 Newfoundland --- 1899.) ‘ CLOSE SEASONS. Close seasons—Continued. States. Kinds of game. New Brunswick--| Deer, moose, caribou (see exceptions) (1899. ) Exceptions: Cow and calf moose protected at all times; all moose and caribou west of river St. John protected until Sept. 15, 1902. Partridge ID NC ARB ING ee ee) Se ae yy pee ee ee BRR rae ee Sic Snipe, woodcock, teal, wood duck, dusky or black duck, goose, brant. kam Gases oi= she soe ad A Fk ee ecu aeeees lias acces ( : Caribou Iblanoeralb Wite. nen Ns ss eee ac ae ae et a eee Ptarmigan or willow grouse (partridge), other grouse, plover, snipe, curlew, or ‘other wild or mi- eratory birds (except wild geese).’ (For Keewatin see below.) Deer, elk, moose, caribou, antelope.-.....-...----.------ Mountain sheep, mountain goat IBuUitalo) ose eee Grouse, partridge, pr: mirielehiGken.:...... 9a... .e: Snipe, sandpiper, wild duck SS Oo eo ee ooo Seo eo Se Se Se oS So See Northwest Terri- tories. 1899.) ~— | Mountain sheep, mountain goat -------_-_.---...----.-- Unorganized Ter- ritori ies (Kee- tain goat. watin, etc.). WIE eb: Hae eee Sal Paes hae eee ness ee eee ees eee mea (1894. ) Grouse, pheasant, partridge, prairie chicken. --.--.----- Duck, goose, swan ReGen elke ase ar ts totale eae a es edie eee Moose Caribou Rabbit, hare (except jack rabbit and Newfoundland hare, which are protected at all times). Spruce partridge, sharp- -tailed grouse, ptarmigan, plano: capercailzie, ‘chukor’ partridge, pheas- an Canada and ruffed grouse (partridge) ~--------.-------- Woodcock, snipe, teal, blue- need duck, wood duck. Deer (young pr otected at all times) Moose, caribou, or reindeer CE 2 SE eer cee ae See nee Elk or wapiti Hare, squirrel (black and gray) Quail Grouse, woodcock, plover, snipe, raii, other birds or ‘waders.’ Wild turkey Prairie fowl, English and Mongolian pheasants. ------- GOOSS RS Werte eee es oe eee eee rs oa Sa SU ee Ducks and ‘other waterfowl’ (except geese and swans). Zone 1. Deer. moose. (See exceptions). Exce pone In Ottawa and Pontiac counties Dec. =Oct. Cow moose and fawns Caribou (fawns protected at all times)_-...____..-_---- EEE | ed ccs ale 2 ae ee ee (1896) Onin (1900 ‘shore’? | Cae meee renee en cet eA eS ER ee LN inch oriswaimnp partridees 22 arse eer eee White partridge or ptarmigam—_ 2. -5-._J.... 2.2. =.. Plover, woodcock, snipe, curlew, tatler, uae ae aH Buffichead or pied duck. Widgeon, teal, wild-duck (except sheldrake) - Cae 2. Close seasons same as in zone 1, except as fol- ows: TBIGRG)\S 2 Se hae ose en ae Tie Ee ea eee ee! Birch, on swamp pabonidees 0 e225 ses ea ak. Wihite partridre or piarmigano 22-22. 252222222225. * Open season Nov. 1-15, 1900, and every third year thereafter. I ——— =< ee. eS Se — =e 29 Close seasons. Deer, elk or wapiti, caribou, mountain sheep, moun- K Jan. 1-Sept. 15. Dec. 1-Sept. 15. At all times. Dec. 2-Sept. 1. Until Jan. 1, 1906. Mar. Pe Sek: 16. Jan, 12-Sept. 16. Dec. 15-Nov.1. Dee. 15-Oct. 1. At all times. Dec. 15-Sept. 15. May 5-Aug. 28. Apr.1-—July 15. Oct. 1-Dec. 1. Mar. 20-Oct. 15. Jan. 1-Sept. 1. Jan. 15-Sept. 1. Until 1904. Feb. 1-Oct. 1 At all times. Until Oct. 1, 1901. Mar. 1-Sept. 1. Nov. 16-Nov. 1. Wntil Nov. 1, 1903.2 At all times. Dec. 16-Sept. 15. Dec. 16-Oct. 15. Dec. 16-Sept. 15. Until Oct. 15,1905. Until Sept. 15, 1905. May 1-Sept. 15. Dec. 16-Sept. 1. Jan. 1-Sept. 1. At all times. Feb. 1-Sept. 1. Feb. 1-Nov. 1. July 1-Aug. 20. Dee. 15- enh lie Feb. 1-Nov. 1. Feb. 1-Sept. 1. Apr. 15-Sept. 1. | Apr. 1-Sept. 1. Mar. 1-Sept. 1. Mar. 1-Oct. 15. Feb. 1-Sept. 15. Mar. 1-Nov. 15. 2 Zone No. 1 comprises the whole Province, except that part of the counties of Chicoutimi and Saguenay east and north of the river Saguenay. Zone No. 2 comprises the part of said counties east and north of the Saguenay. H36S—"No: 1400-8 30 LAWS REGULATING TRANSPORTATION AND SALE OF GAME. DIVERSITY IN SEASONS. The foregoing table shows that the greatest diversity exists in the close seasons prescribed by the various States. In order to empha- size this more strongly and to facilitate comparison of close seasons in contiguous States, a table has been prepared in which the States are arranged geographically in three groups according to the Hallock code as explained below. This table will be found at the end of the bulletin. A special table has also been made showing the close sea- sons and the number of days in the open seasons in the case of four typical kinds of game—big game, represented by deer; upland game birds, by quail; wading birds (including ‘shore birds’), by woodcoek; and waterfowl, by ducks (see p. 31-32). DEER. Deer are protected absolutely in seven States, and are apparently without protection in Delaware and Kansas. The open seasons in the rest of the Union vary in length from ten days in Vermont and three weeks in Michigan, Minnesota, and Wisconsin, to six months in Arkansas. They begin at various dates from July 15 to November 10, but usually close before January 1, except in some of the Southern States—South Carolina, Florida, Mississippi, Arkansas, Louisiana, and — Kentucky. (See Pl. III). QUAIL. , At present quail are protected absolutely in six States. The open seasons are usually shorter than in the ease of any other birds, the average for the Northern States being two to three months and for the Southern States four to five. In the Northern States the open sea- sons vary from twenty-one days in Ohio to four months in Vermont. They begin in October or November (except in New Hampshire, Vermont, and South Dakota) and close before January 1 (except in the District of Columbia). In the South and West, however, they extend to March 1 (in Mississippi to May 1), except in New Mexico, Idaho, and Oregon, where shooting after the first of the year is prohibited. (See Pl. IV). °_ WOODCOCK. Woodcock do not occur west of the Great Plains. In the South they are almost entirely without protection, while in the North the open seasons, as compared with those for quail, show great irregularity, and range from three to five monthsin length. In New Jersey, Penn- ~ sylvania, and Maryland shooting is permitted during the month of — July, and in the District of Columbia, Virginia, and Kentucky until after the lst of January. Delaware, Kansas, Nebraska, and all but three of the Southern States apparently extend no protection to these birds. (See Pl. V.) The lack of adequate protection is even more marked in the case of other wading birds. Plover, snipe, or rail have close seasons in about “4 5 a Pe. tee Fe - New ied a ae Hy + | : Bull. 14, Bigieetca! Survey, U. S. Dept. of Agriculture. PLATE JlIl. = | NORTHERN STATES oan [FB [Mar ]apr may oct. Misine=- [5 Ses a DS | a ee ee 2 Rewtampshire. | | | | | hPL Vermont -_-_-_ _- Ae RS ES i le and ee | Massachusetts - - ee eas ee (eae ee a a Br Rhode Island_- - ee ee Sees [ara eae ees SE] pats wf sn te a a eS oe ee ee New York.__-__- (ae eS SoS EO RR SS | Meetercey 4 | | a ee ee Pennsylvania-_ [Saal ae ee Ri aes ne SRS es el, Wa VMI WLU: WA N N Delaware_-_-__-_- ie \ Smee \ Mee |) Oa District of Catunbiand [1 [1 Tt Ye Warsumia® — | — IEEE Ra Sahu os BEEZ, erie ol ol le ye os aan in ie eee ee ee | ae SES See ae, a Pesan (eal le eh ee Ths (REM g eclas ore Cie i eee | Wisconsin____— _ Re Dae a ae Eee pp eee ME eles | es il SS a ee ee eee a ee one ae CL ls ca Mali et ok tools 1 ey eth Dakota. mene So ca eee tah Hekota. 1 oe cr WY4 eet iM tia se nee ae ie eee ee 26 ZN SOUTHERN STATES «sve ony ses lS 77,277 South Carolina_ Wa ee ee Pe WLLL). WAY: Georgia. -__| mbes Leo IR es Vee li el el = Vee oe (oe on ie ees 7777 ee cap Ci oo nen 8), cas Pop EE xv Geos. Ys 27 UYyy Louisiana__—_ _ MAN NE eee Meme mer ge “25: ae an me New Mexico___ _ ae Cb ea PAGIFIC STATES eee ol se tle we ee ee a 2 foc oS ERGs Seles saa a hs ae wo ee ee eo ALLA hin SS em DIAGRAM SHOWING OPEN SEASONS FOR DEER IN 1900. The shaded areas show the months when shooting is permitted ; the unshaded bee as, the time when deer are protected by law. 1Seasons vary in different countie Bull 14, Biological Survey, U. S. Dept. of Agriculture. PLATE IV. NORTHERN STATES IMaINe@:. 2.022 oer el ee | See New Hampshire. - el ee 7 VA_| Vermont _- ___- mil “perme | Woe a Massachusetts - - Se Rhode Island ---- ee Sa ee Connecticut ___- es ee Se eee New York-____-- ane tae ee ee New Jersey- - -- els cel a mea WA Pennsylvania_.- [ee dC A Delaware___-_- 2 mee nen eT ee Maryland. _. _ cL eas a ee e777) District of Columbia Bi ase | ee GZ, RaieSaimiat 9 < Se ee ee Wh West Virgina -_- Seem i. fo 1 hee V4 | Kentucky_.---_ Pee ee ea he ee ee ee Chis al pa fp — Michigan_____ +--+} — G7 imdiania 5 _ (estaa te Ges oA peel ur |e Gyo Mlimeiss.. 2. [ree a ae a ea ae ea ae LMC a Wisconsin____— _ [Saito Pls | ee enn Poamesotac so. 4. | S| ie eae i 4 WTI ‘lovin eal Diaelly ea aed | Vy Missouri_____- es ae 8) i Ty os We ee Kensas. i! re a ee a a Nebraska______ Hf pe tf eae South Dakota__ MRE isEparatin, Tie Teeay eeu an 2 8 PSV Mentana | * | e Sala ae F | | Wyoming. __- AE aS a i ce ees Colorado____- os a ee CS ae SOUTHERN STATES North Carolina: VZAZVA._| ee a i a South Carolina W244’ I cm EM 2 “ermine G77 Ze ee ee ee ee ee ee Flerida-._____/ YW Wi 4——_|_—__ _ GF ‘| Alabama_-___- ee LC | a Mississippi____ CG WME. |) LG femmensces 7 ie Arkansas___-_ ao See ee ee aa Louisiana____ tig a one Sa EEEEaeaieeae VL Oklahoma ___— SG ar en 7 WAU lw Metco. eel el i ae eee Arizona... LL OES ES EM _ - PACIFIC STATES Gel hace rn oe a a a ZZ eee i anne ae dit tt} ZZ Idaho ea Ss a eS ee emer peor bo] ee DIAGRAM SHOWING OPEN SEASONS FOR QUAIL IN 1900. The shaded areas show the months when shooting is permitted ; the unshaded areas, the time when the birds are protected by law. Spring shooting is prohibited in practically all of the Northern States, in New Mexico, and several of the P acific States. 1Seasons vary in different counties. DIVERSITY IN SEASONS. ol thirty States, but no protection is afforded these or other shore birds in the South, except in Oklahoma and a few counties of Tennessee. South Dakota, Colorado, Wyoming, and Nevada protect curlew; North and South Dakota, Colorado, Nevada, and Washington protect cranes, but only six States—New Hampshire, Massachusetts, Rhode Island, New York, Illinois, and Wyoming—protect shore birds in general. In these six States the close seasons are short, varying from two months ~ and a half in Massachusetts to six months in Rhode Island; the open seasons begin from July 15 to September 1, and as a rule continue until the first of the following April or May. No game is more in need of protection than shore birds, and unless close seasons are more generally observed, the effect of unrestricted slaughter will soon be apparent. DUCKS. Comparison: of the diagrams showing open seasons for ducks and quail brings out the great disparity in the protection afforded these two kinds of birds. Notwithstanding their abundance in many local- ities, waterfowl are in great need of protection, but receive compar- atively little, and in nine States apparently none at all at the present time. With few exceptions the open seasons begin the Ist of Sep- tember and extend to the Ist of April or May—a period of seven or eight months, or nearly three times as long as the average quail season in the North. In New Hampshire, Rhode Island, Kentucky, North | Dakota, Idaho, and Washington the seasons open as early as August, but, on the other hand, in Vermont, Rhode Island, Minnesota, Wis- consin, and North Dakota they close before the end of the year, and thus do away with spring shooting. The shortest open season. (53 days) is that of Ohio. (See Pl. VI.) Close and open seasons for deer, quail, woodcock, and ducks in 1900. NORTHERN STATES. @igseeesone Open seasons in days. td State. 2 Deer. Quail. Woodcock. - Ducks. ~ = 2 ® I GES 9) =) =) By eralnene as Maite. 2... Dec. 15-Oct. 1; Dec. 1-Oct. 1| Dec. 1-Sept.15| May 1-Sept.1| 75 | 61) 77 | 242 New Hamp- | Dec.1-Sept.151 | Dec.15-Sept.15 | Dec.15-Sept.15| Feb. 1-Aug.1/ 77 | 91} 91 | 184 Vermont ___.| Nov. 1-Oct. 22 | Jan. i-Sept. 1| Jan. 1-Sept. 1| Jan. 1-Sept.1) 10 | 122 | 122 | 122 Massachu- aay Noy. 1,/ Dec. 1-Oct. 1| Dee. 1-Oct. 1] May20-Sept.1| 0] 61] 61} 261 setts. ; Rhode Island vee Feb. 1, | Dec. 16-Oct.15| Dec. 16-Oct. 15| Jan. 1-Aug.15 0| 62) 62 | 138 Connecticut. Dao Oct. 1, | Dec. -1-Oct. 1|Dec. 1-Oct. 1} May 1-Sept.1 O| GL! 61 | 242 New York.._| Nov.16-Sept.1| Dec. 16-Nov. 1 | Dec.16-Sept.16 | Apr. 30-Sept.1| 76| 45] 91 | 241 New Jersey. es Mar. 24,| Jan. 1-Noy. 1| Dec.11-Oct.12| May 2-Sept.1 0! 61 | 102 | 243 Penns y lva- Dec. 1-Noy. 1 | Dec. 16-Oct. 15 | Dec.16-Oct.152| May 1-Sept.1| 380] 62] 98 | 242 nia. WelawaTre | 5.22. ns. Jaton | IN OVs lol eee esses Ar lo-Octrel Coban! 47 raoon gb Maryland } Jan, 1-Aug. 1| Dec. 25-Nov. 1 | Dec. 252-Nov.1| Apr. 10-Noy. 1 | 153 | 54} 85 | 160 - 1See special county regulations, pp. 19-21. 2Hixcept month of July. | 239 LAWS REGULATING TRANSPORTATION AND SALE OF GAME. Close and open seasons for deer, quail, woodcock, and ducks in 1900—Continued. NORTHERN STATES—Continued. Close seasons. On = State. ; S f Deer. Quail. Woodcock. Ducks. oj it lee D 3 2 3) 5) = 5 A|@|E Ia eet TS | ta: District of Jan. 1-Sept. 1| Feb. 1-Nov. 1| Jan.15-July 15| May 1-Sept.1| 122 | 92 184 | 242 Columbia. | mn Virginia .... Jan. 1-Aug.15| Jan. 1-Oct. 15) Apr. 1-Noy.1| May 1-Sept.1/ 189 | 78 | Jol | 242 West Vir- | Dec. 15- Oct. 15| Dec.20-Nov. 1| Nov. 2-July 15| Apr. 1-Oct. 1| 61] 49! HO | 1982 inia. | ae Mar. 1-Sept. 1| Jan. 1-Nov.15| Feb.1-June 20) Apr.l-Aug. 15| 181 | 47 | 226 | 229 Ohio ........| Dec.16-Nov.10| Dec. 2-Nov.10| Dec. 2-Nov. 10} Dec.2-Nov.10!| 36 | 22] 22| 53 Michigan _.. Dec. 1-Nov. 8| Dec. 1-Oct.20| Dec. 1-Oct. 20| Feb. 1-Sept.1| 23 | 42 | 42 | 153 indiana=-:--- Jan. 1-Oct. 1| Jan. 1-Nov.10| Jan. 1-July 1] Apr.15-Sept.1| 92 | 52 | 184 | 226 Hlineis ..--.- | Until Apr. 18, | Dec.20-Nov. 1| Dec. 1-Sept. 1} Apr. 15-Sept. 1 0| 491] 91 | 226 | 1904. Wisconsin -- Except Nov. Wane Sept.| Dec. 1-Sept. 1| Jan. 1-Sept.1]| 20 0") SSE ae 1-21. 190 Minnesota - || Except Nov.| Dee. 1-Oct. 1} Oct.31-July 4] Jan. 1-Sept. 1} 20 | 61 | 120 | 122 1-21 Ole soaeess |Protected at|Jan. 1-Nov. 1| Jan. 1-July 10|Apr.15-Sept. 1 0| 61 | 1% | 226 all times. Missouri .__-| Jan. 1-Oct. 1!Jan. 1-Nov. 1| Jan. 1-Aug. 1| Apr. 1-Oct. 1}| 92 | 61 | 153 | 182 IKE TONS Set os Wie ee ee ee Dec 3=Oct.. W325) 522 | eee re 365 | 61 2 | 3865 — Nebraska .2|Jan. J-Nov..1)/Jan> IoNoyv> tif eee May 1-Sept.1] 61] 61 | 365 | 242 S. Dakota----| Jan. 1-Oct. 15| Jan. 1-Sept. 1| Jan. 1Sept.1|May 1-Sept.1]| 78 | 122 | 122 | 242 N.Dakota --| Dec.10-Oct. 10 | Until Aug. 21,| Oct. 1-Aug.20| Jan. 1-Aug.20| 61 QO| 421! 184 Montana)2=__| Jan: 1=Sept-1 | Protected) tatiase=ss52-5- ee May 1-Sept.1)| 122 Ose | all times. Wyomime =| Dec. 1-Septs1 | Protected iat {eae ae May 1-Sept.1| 91 0 cae 242 | all times. Colorado, =_{|) Nov: 6-Aus.15)| Protected) at p22 = ae Apr.16-Sept.1}| 83 0 | 22526 een ‘ all times. SOUTHERN STATES. | | | N.Carolina_-| Dec.31-Oct. 1} Mar.15-Nov. 1 |--...-...-..------ Nov.16-Apr.1?} 91 | 134 | 365 | 151 il S. Carolina __| Feb. 1- sept. 1 | Apr. 1 Noy. 1) Apr Neve 153 | 151 | 151 | 365 Georgia - -_-- Jan. I-Sept. 1 | Mar. J5-Nov.1 | 23-25 eee | 122 | 184 | 365 | 365 Blorida---— | Feb. 1- Odt. Aiea sal NOV 12152 eee eee eee Apr. 1-Oct. 1/ 123 | 120 | 365 | 182 Alabama ....| Jan. 1-Sept. 1 | Mar. 2-Nov.15| Mar.’2-Nov.15|_._._........-.--.| 122 | 107) 407 WS65 Mississippi _-| Mar. 1-Sept. 15 May 1-Oct. 1 : Tennessee ?_-| Jan. l1-Aug. 1) Mar. 1-Nov.1| Mar. (E Sept. 15 May ‘LSept. al 153 | 120 | 167 § 242 Arkansas__._| Feb. 1- Aug. 1| Mar. 1-Oct Wie eee ee eee 184 | 151 | 365 } 365 Louisiana ___| Feb. 15- Sept. 15| Mar: ASOCtiy 1h| eo Rese eeneees Apr. 1-Sept. 1 153 | 151 | 365 | 212 Mexase...°". | Jan. l-Sept: 1 |sMar 15-Octic | ee ee eee 122 | 165 | 365 | 365 Oklahoma ___| Protected at Feb. 10Gb 15 hee ee ee eee 0 | 109 | 365 | 365 all times. ‘New Mexico_| Jan. 1-Oct. 1) Jan. 1-Oct. -1]-_.-..--_-.---___ eee RE ee eA a oe A 92° | ‘92° | h2a=s|6S65 Arizona |. ..:.|Dec.15-Aug. 1 | Mar. 1-Oct4) |S ees | Apr. 1-Oct. 1} 186 | 137 |___-- 182 PACIFIC STATES. California ...| Oct.15-July 15| 4 Mar.1-Oct. 1|__......__._.....|Mar. 1-Oct. 1] 92 | 151 |---__| 151 Nevada. -.- Jan. 1-Sept.1 | Mar.15-Sept.15| Mar. 15-Sept.15 Abe Toe 2 122 | 181 | 181 | 198 J is 13 War 1— \fApr.1-Sept.15 z ; Witab 20... Nov. 1-Oct. 1|3'Mar 1-@ets 1 |tueeee een Dee Pees \ 31 [8 151 eae 122 Hdaho e252 - dan. 1-Sept. 1) Dec. 1-Nov. 1st oe Mar. 1-Aug.15| 122 | 30 -____| 198 Oregon -_..-.-- Nov. July 15) Dees 1-0ct, 1). Mar.15-Sept.1| 10%} 61 |____- 195 Washington _| Dec. 15-Sept.15 | va Oct. 1542. 2 See Mar. 1-Aug.15| 91 0-|4a 198 1 eee Mar. 10-Apr. 11. 3 County regulations. 2Cur rituck County. 4 Mountain quail Feb. 15-Sept. 1. Bull. 14, Biological Survey, U. S. Dept. of Agriculture. PLATE V. NORTHERN STATES eee a a aa ie ose Rhode Island __ a es a VA oS Elan bic a a a a a Bee GLA New York_____ berm i Sh Eee New _ 2 So El es a ee, a es Pennsylvania_ _ aoe ey ee ae eae ae VMMLLAOA,_| Delaware__ —§_WWNMNWWWWMaa2azz“z_ Le : VE: LAG Maryland — —__ oe le eS ea Eph YY 7 oe oe A iy facia. LEE ee ae FS BS Bee Ree West Virginia_ _— Meno laste be l= ya) yn Kentucky i Mere rae LL wr Vt oo eencneneeee jt ae eae ae fe el a a ee ae a eS Pudiena | ee ee ee a a Dopss. 2 22S ee eee ee ee aan LMiiLA___| “tgs cmentel eS ee ee a a ae ee ik 2 i a a a a |. Lo tf} |; LLM LLL hMessouri - ... | ee EE ae ES WV} LILI Wt Mansasc. = 2 = IIL QLUMMUIGWI IYI" Nebraska __ _§_ CW]Q2WWWQy aL loi De ee i i a ZZ 2 Pomme ep lL Ty ee SOUTHERN STATES orth Carolina WALI NLA LALLA ee 72 mae mam ou arolna— Ghar GZ See 8 OUTIL Florin — - - WAM MLM Up ae i oe 2} Mississippi — — A UAAZIATIHIZL LAE. Tennessee_ _ mF Cae GG LLL Arkansas__ _ YY GOLGLYM- LAYMAN Lowisiana_ —§$Q_WwtUMiwuiKyQyHlQeeiiM// LLL LLL LL Vexas__ __._ LAWLMIIMLLIMOLILP LL) OkKlahoma__ _§ Lo.’ QWs DIAGRAM SHOWING OPEN SEASONS FOR WOODCOCK IN 1900. The shaded areas show the months when shooting is permitted ; the unshaded areas, the time when the birds are protected by law. Seasons vary in different counties in Mary land, Vir- ginia, and Tennessee. ay Bull. 14, Biological Survey, U. S. Dept. of Agriculture. PLATE VI. Cog NORTHERN STATES Mieine.-* HEEB NE WH, WW New Hampshire- - Vi) ea ae Wn Wht VL) Wh Vermont___---- | a Ea eas ceneentnl Z2SGZIZZZA7 nn ea EF, Wa Rhode Island - See a YQ EF, Connecticut-_-—-—- YY New, York -__— . Z ee eee \ NN ennsvlvania_ GYWIAW-/-Y03 YY 0G. pee WL es TCO Y 4 eta 077 WY) District of Columbia OLY GV 0- an YU YU) Git Wi ae CO Lt yg es ir ina_ --7 Yd, WML. VLD. 2 eee Miinig- 6 4 ae ae WW: | LEW WU YY eee WA a ae 7 / _|Minnesota__—-~_- —|— WH www a NaS WAWAY-: MISSOUrI__ _ _.— = UW Zyy tH Migeanisas = VM) fd ZZ OY Nebraska______ ebraska_—_---Y/ YY WY ty a a ee ae —<—e a WW Mentana------ Wy ye Y Ly ee YYY == SOUTHERN STATES _| Nor sulea ZLZZZ2ZZZ es ML MZ, ee WLM Wy Georgia _____ WWW MEL IEE Florida_______ YY LMI ro) i) Alabama ____- MMM Mississippi_ _- WU, WUC me eee YY Wit Tennessee? ____ UUW. LZ MI oo UME LLL ey ZY eeete 22 a Nevada. _. WA Zi a YW, Gy ie A SS Se Pitioe LLM FG a Fee ee LAE LIT Bregon = — _ U7 Ln 77 a voted DIAGRAM SHOWING OPEN SEASONS FoR Ducks IN 1900. The shaded areas show the months when shooting is permitted ; the unshaded areas, the time when the birds are protected by law. Note that spring shooting is prohibited in Vermont, Rhode Island, Wisconsin, Minnesota, and North Dakota. 1Seasons vary in different counties. THE HALLOCK CODE. 33 The diversity of season here shown emphasizes the importance of securing greater uniformity of action on the part of neighboring States. Twenty-five years ago the International Association for the Protection of Game published a comparative table of game laws, clearly illustrat- ing the diversity which existed in 1874. The need of uniformity in seasons has been generally recognized in recent years, but little has actually been accomplished toward bringing about the desired result. A STEP TOWARD UNIFORMITY—THE HALLOCK CODE. Of the various schemes proposed for uniform game laws, that sug- gested by Mr. Charles Hallock in 1897 deserves especial attention. In an address before the National Game, Bird, and Fish Protective Association ' he advocated a code of cooperative legislation, in accord- ance with which the United States was to be divided into three ‘ con- cessions’” in each of which the laws were to be as uniform as possible, the open season: identical, and protection was to be accorded to insectivorous birds, but withheld from a few species considered injurious. The feature of special interest in this connection is the simple manner in which the States were grouped together. The three con- cessions were named Northern, Southern, and Pacific, and as origi- nally proposed were limited as follows: All of the region west of the erest of the Rocky Mountains was included in the Pacific, while all that east of this range was divided at latitude 36° 30’ into a Northern and a Southern concession. This division, however, had the disadvantage ~ of cutting through Colorado and New Mexico, thus giving each a double set of laws. Moreover, the Pacific concession extended from Puget Sound to the Mexican boundary and embraced wide extremes of climate. The scheme has therefore been slightly modified, for present purposes, by extending the Northern concession over the whole of Colorado and allowing the Southern to include not only all New Mexico, but also Arizona (see Pl. VII). This places all the region south of latitude 36° 30’ (except part of southern California) in one division. All the States north of this line with these exceptions belong to the Northern or Southern concessions, while California, Idaho, Nevada, Oregon, Utah, and Washington form the Pacific. For a simple division, this seems to meet all requirements fairly well; and while it may not be practicable to secure identical laws in all the States in each group, a strong effort should at least be made to have the close seasons correspond as nearly as possible. 1 Western Field and Stream, Vol. I, pp. 232-234, 1897. **«Wecall it ‘concession,’ because it is based on compromise and reciprocity.” — Hallock. 34 LAWS REGULATING TRANSPORTATION AND SALE OF GAME. LIMITS OF GAME BAGS. Besides giving opportunity for recuperation by game animals and birds by establishing closed seasons for part of the year or for a term of years, twenty-one States have attempted to prevent the wanton destruction by limiting the amount of game which may be killed in a day or season. These States comprise the northern tier, from Maine to Washington, and Connecticut, Pennsylvania, Florida, Iowa, South Dakota, Wyoming, Colorado, New Mexico, Utah, and Oregon. The restrictions have been placed mainly on big game and upland game birds, but in a few cases they have been extended to woodcock, rail, and wild fowl. In Colorado and North Dakota practically all the game of the State is limited, while in Iowa, Oregon, and South Dakota the limit applies to game birds, but not to big game. Michigan, Utah, and Wisconsin limit only the number of deer, five being allowed each hunter in Michigan, two in Utah, and two in Wisconsin. The highest limit for big game is in Montana, where six deer, antelope, or moun- tain goats may be killed in a season. The maximum for any species of game bird in a day is 75 rail in Connecticut, but the usual limit is 25 or 90. Limits of a similar character and for the same object are also placed by several States on the number of birds which may be shipped at one time or in one season, usually corresponding to the number that may be killed, but seldom, in any event, exceeding 50 at atime. Florida prescribes the limit not only for each person, but also for each party, in order to prevent evasion of the law by several persons hunting together. Thus, four wild turkeys may be killed in a day by one per- son, but not more than six bya party. The following table, which is compiled from ‘Game Laws in Brief,’ shows the details of these restrictions: Limits of game bags. State. | Game. Number. Wolorad oes se eee es | Deer, antelope) - 222222852222 5-582- pc inellseasone | TALK . - 29S Foe ee eS ea ee 1 in 1 season. | Duck =e ee ae l‘day; 100 in possession at one | ime. | Othersoir dis peas ee oe oe eee ace 25 in 1 day; 50 in possession at one | ime. Connecticut,<---.- = 2- | ‘Rufledserousess esse == see ee 5in 1 day;-36in 1 year. ; Rail 222232 eee Ee ee ee eee 75in lday. BOW Catt. oa ee DéeP: . eo s2 no ae eee 5in | year—until Jan. 1, 1905. Quail. Yee eae Be ieee ae ce 25 by 1 person, 51) by 1 party, in 1 day. 2 Wild turkeys eis aes Setanta 4 by 1 person, 6 by 1 party, in 1 day. Ce 10 OES Sa ear eee Deer, antelope, mountain sheep, | 4in 1 season. mountain goat. VK: nua Feh. SESE ee ee eae AS On: LG) ae goa are Quail, ruffed grouse, pinnated | 25 in 1 day or in possession at one grouse, pheasant, woodcock. time; 12 may be shipped (not for sale or profit) within the State in lday; 25 game birds or animals may be exported under 1 nonresi- dent license. AY enh oS eer ere Deer 2.20 a eee 2in 1 season. Moose 222. 22252 88 Ae ee ee ee isiplaceason: Quail, ruffed grouse, woodcock, | 15 of eachin 1 day; 15 of any 1 kind wood duck, dusky duck, teal, may be transported at one time as gray duck. the property of 1 person. ; PLATE VII. g =I ae > tell} zt ue ° oe] Q o a 7) =) > SD 2: cl op) oS. ao Dp 2 jaa) + = jaa) MAP SHOWING DIVISIONS PROPOSED BY HALLOCK CODE. The States and Territories are so grouped that the game seasons may be uniform, or nearly so, in each division. ‘ SHIPMENT OF GAME. | 15) Limits of game bags—Continued. State. Game. | Number. Wichiman, 22o.-.- =. 32. LI DSC eee aaa wi eee ere oy Re Seal ls iol Maree hae Minnesota... =--- 22... be erie SaF ss ett a eee eee _5in 1 season; 5 deer may be shipped ¢ by one person after Nov. 5in any year. INTOOSE;, Gari bOU sce ascces cc cae eens cena it of each in1 season. a Bircisie. 13 ees sce et eek ts eee ees | 25 in 1 day. . DUI Deer, antelope, mountain goat --..| 6in 1 season. BK AH OOSE a2 eis Soe ee sa eee ae | 2in 1 season. Partridge, grouse, prairie chicken,| 20.in one day. fool hen. sage hen, pheasant. New Hampshire ----- Past earibeus 2. cae | 2in 1 season. IMGOS@S 25255 Banas ste ha are 2 _ 1 in lseason. Mew. Mexico... -....-—- | Deer, elk, mountain sheep, ante- | lat 1 time. Ope. PbmIC OE 28 coe | CCT: -. 2 ee ee ee oie ose | 2in 1 season; same limit as to trans- | porting. | Grrouses woodcoek:. = 25222) 2-2 aoe _ 36 in 1 season; same limit as to trans- | porting. North Dakota --_-.---- ca Reve “ake See Oe OS BSS A EID eee eee | 5in 1 season | Crane, duck, goose, brant -__.....----| 25 in 1 day.? ONES OMe ines 22 Se Soat eT oane, pheasants of various | 15in 1 day. inds. Pennsylvania--.-...__- oT Rssrord Pa ee i gO 2in 1 season. CET (pc oe a Se chee ae | 15in1 day. | Ruffed grouse, woodcock.._-......-| 10 of each in1 day. Witla bias yo eo ae eet SL 2 in 1 day. South Dakota. ______-- | Quail, ruffed grouse, prairie chick- | 25 in 1 day; 25 may be shipped out | en (pinnated grouse), sharp-| of State. | tailed grouse, woodcock. plover, eurlew, crane, duck, goose, brant. igre a 8S nee Se eet. ees bes ein: beegsor. ierinonb = .--..._.._-. al Ds: eee Ay li in 1 season: 1 may be transported. | Quail, English par rtridge. ‘ruffed | 5 of each in 1 day. | “grouse, pheasant, woodcock, | __ plover, English snipe, goose. ISD eG) eee ae Sa eer ee ee ee 20 in 1 day. Washington __.. ____-- WDGG rr poets at Dewi oes he eo eS Se dd SEASON. Elk, moose, ~earibou, antelope, | 2 of each in 1 season. : mountain sheep, mountain goat. MWVAISCOUSEM . 2-255 2.2 ID etes ys SN a ee ae See eee 2 in 1 season; 1 deer may be ex- ported on each of the 2 coupons | of license; 50 birds at once may be exported by a resident if ac- companied by owner; 50 birds or animals may: be exported by non- residents in one year. Memomirie. .o-_ 12. - IDYsvercs talline ee ee er ee eee | 2 of each 1 in season. PAIGE LOP Ore one ee ene ees 3 in 1 season. Mountain sheep, mountain goat-_--| 1 of each in 1 season. 1Not applicable to Long Island. 2 Same limit placed on “quail, English and a pheasants, and swans after expiration of close season in 1905. SHIPMENT OF GAME. Under the laws of Colorado and Wisconsin packages of fish or game must bear a mark indicating the contents, and under section 4 of the Lacey Act (see p. 47) every package containing game animals or birds when shipped by interstate commerce must be clearly marked so as to show the name and address of the shipper and the nature of the contents. Such general terms as ‘game’ or ‘birds’ are not sufficient to show the nature of the contents, and the marks should indicate not only the kind of game, but also, if possible, the: amount in the package. Railroad and express companies should call the attention of their agents to this provision and insist that all packages must be properly marked before shipment. Packing or marking shipments of game in such a way as to conceal or obscure the nature of the contents of the package may be considered an 9368—No. 14—00——_4 ee 36 LAWS REGULATING TRANSPORTATION AND SALE OF GAME. evasion of the act, the penalty for which is the same as for violation. Under the State law of Wisconsin a fine of $25 to $100 is provided for false marking of packages containing game. Many of the State laws prohibit export of certain game at all times, and the following table, to which attention is especially called, con- tains a list of such game. In Maine, New Hampshire, Vermont, New York, Illinois, Michigan, Wisconsin, Minnesota, Lowa, South Dakota, Wyoming, Colorado, and possibly a few other States, sportsmen are allowed to carry a limited amount of game out of the State under special restrictions. In afew States exceptions to the laws prohib- iting export are also made in the case of birds and animals intended for propagation, as noted below. Deer can not be exported from the State under the laws of Alabama, Florida, all the States west of the Mississippi (except Montana, Nebraska, Kansas, Iowa, Missouri, and Louisiana), and all the States north of the Ohio and Potomac rivers (except Illinois, Ohio, Delaware, New Jersey, Connecticut, Rhode Island, and Massachusetts). In Mon- tana they can not be sold, and in Illinois, New Jersey, Connecticut, Massachusetts, and Rhode Island they are protected at all seasons for atermofyears. Other big game, such aselk, antelope, mountain sheep, mountain goat, moose, and caribou, can not be shipped from eighteen Northern and Western States, practically all in which such animals now oceur. The shipment of deer hides is prohibited by special pro- visions in the laws of California, Florida, New Mexico, Oregon, and Wyoming, while Washington prohibits killing deer for hides. Among game birds the most general prohibition is that against the shipment of quail. —) | | Nonresident. Nonresident. Resident LL S (=) Nonresident. Resident. .-_- 1 idp:g ofey i Pes Gs s/o ee | County auditor Commissioners of Inland Fisheries and Game. ] Commissioners of Inland Fisheries and Game. County clerk. == County clerk Board of game and fish commissioners. . | County auditors... 5.22 Countv auditor= 2s.) == County auditor Gameand forestry warden County treasurer | County treasurer -_______--| Clerk of county court-._--| Secretary of state__...__._ Secretary of state County clerk Justice of the peace Justice of the peace Justice of the peace_-_-_.-__- In cities of more than 3,000 inhabitants, $5; in other places, $3; or, per deer,in discretion of commission- ers, 50 cents. Permits buying, selling, or tanning. Baltimore, Caroline, Carroll, Cecil, $10 (wild water- fowl); Charles, $5; Dor- chester, Garrett, $25 (non- transferable); Harford, $10; Howard, Kent, $15, if invited by land owner, $5; Prince George, Queen Anne, St. Mary.! Somer- set, $10 (unless accom- panied by resident); Tal- bot, $9.50. Queen Anne (for sale). Perseason. Permits killing and transporting deer. Per season. Permits killing and transporting deer. Limited tolyear. Includes animals and birds, and ap- plies only to citizens of States having restrictive laws against mnonresi- dents. For 1 year from date of is- sue. Deer, caribou, elk, and moose. For 1 year from date of is- sue. Deer, caribou, elk, and moose. Expires December 31. Expires December 31. Not required for hunting by citizen on his own lands. Live game birds bred and raised in confinement, Nontransferable. County license forl year. Nontransferable. All game, including deer. Permits export of 2 deer | and 50 birds. All game except deer. All game. Permits trans- portation of 2 deer and 50 birds. For lseason. Big game. For 1 season. Big game. Not required for county of residence. For shipment of carcasses, heads, antlers, scalps, or skins taken in open season. _ Licenses not required for shooting or trapping certain waterfowl on Patuxent in case of citizens of St. Mary, Prince George, Charles, Anne Arundel, and Calvert counties. a ow. ae oe Or a 7 A ee Se Awe ¢ Sa ee ni I]l.—FEDERAL AND STATE LAWS REGULATING TRANSPORTA- TION AND SALE OF GAME. The last forty years have witnessed a steady development in laws relating togame. In 1864 only 18 States and the District of Columbia had enacted such legislation; in 1874 this number had increased to 24; and at the present time every State and Territory has restrictive measures of some sort on its statute books. The earlier laws were concerned chiefly with fixing seasons and methods of capture, but of late, markets have come to be regarded as the chief faetor in game destruction and more attention has been given to the restriction of export and sale. The importance of the question of transportation has become so great as to receive consideration from Congress, and during the present year a Federal law has been enacted which pro- hibits interstate commerce in game killed in violation of local laws. Not only have the regulations concerning capture, transportation, and sale increased in number and complexity, but there is a growing tendency toward uniformity in the different State statutes, and various principles are gradually receiving more general recognition. Promi- nent among these is the principle of State ownership of game, which has been stated as follows: ‘The wild game within a State belongs to the people in their col- lective sovereign capacity. It is not the subject of private ownership 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 com- merce in it, if it is deemed necessary for the protection or preserva- tion of the public good.’ This principle, as thus defined by the supreme court of California, has been upheld by the supreme court of Minnesota and by the Supreme Court of the United States. It forms the foundation of all modern legislation affecting trade in game. Every State and Territory in the Union, except Georgia, Kentucky, Louisiana; Mississippi, Missouri, Nebraska, and Virginia, deems it ‘““necessary for the protection or preservation of the public good” to prohibit traffic and commerce in game to a greater or lesser extent. And two of the excepted States, Missouri and Nebraska, have until recently had laws of this kind. It is important to note that not only is the killing of game a privi- _ lege and not a right, but that the ownership of game differs from that of other property in that even after it has been reduced to possession it is subject to certain restrictions. On this principle are based the non- 1 Ex parte Maier, 103 California, 476. , . 45 46 LAWS REGULATING TRANSPORTATION AND SALE OF GAME. export laws now in force in40 States; the Massachusetts statute,!which prohibits sale during close seasons of game artificially propagated upon private lands, in spite of the fact that such game is declared by — the law to be the exclusive property of the person propagating it, and also the statutes of Illinois,? Minnesota,? and Wisconsin,! which — declare that possession of fish or game by any person at any time, whether taken within or without the State, shall be deemed a consent of such person that the title shall remain in the State for the purpose of regulating the use and disposition of such fish or game. The quali- fied character of private ownership of game is thus asserted by the Supreme Court of the United States: The power of a State to protect by adequate police regulation its people against the adulteration of articlesoffood, * * although in doing so commerce might be remotely affected, necessarily carries with it the existence of a like power to preserve a food supply which belongs in common to all the people. of the State, which can only become the subject of ownership in a qualified way, and which can never be the object of commerce except with the consent of the State and subject to the conditions which it may deem best to impose for the public good.® Matters connected with the killing of game, as regulated by game laws, may be grouped under three heads: (1) Manner of capture, (2) time of capture, and (3) object of capture.® Under the first head may be included prohibitions against pursuing deer with hounds, netting quail, killing birds before sunrise or after sunset, killing wild fowl with swivel guns or pursuing them with steam or naphtha launches, and like regulations which are so common and so similar in their —— restrictions that a detailed statement by States is unnecessary. Under the second head come close seasons, absolute protection (as in the case of insectivorous birds), protection for terms of years, and regu- lations against killing birds on certain days of the week. Thestatutes covering these points are so varied and are subject to such frequent change that no attempt has been made to compile them, but the regu- lations now in force are Summarized and tabulated on pp. 18-29. The most important provisions under the third head are those which make it unlawful to kill big game for hides, or to capture or kill any game for sale, or for shipping beyond the limits of the county or State. These are the topics which properly come within the scope of this bulletin, and the sections which relate to them are quoted infull. For laws protecting birds other than game birds, see Bulletin No. 12 of the Biological Survey, U. 8S. Department of Agriculture. 2 ‘Acts of 1884, chap. 308. 4Laws of 1899, chap. 312, sec. 26. ? Laws of 1899, p. 227, sec. 11. >Geer v. Conn., 161 U. S., 538. *Gen. Laws of 1897, chap. 221, sec. 9. ®6In some of the States aon facts are declared to constitute prima facie evi- dence of violation of law. Among these may be mentioned possession of game | without license in Colorado, or out of season in Illinois, lowa, Kansas, Maryland (most counties), Michigan, Minnesota, Montana, New Hampshire, New Mexico, New York, Oklahoma, Oregon, Texas, Utah, and Washington; and receipt of game for shipment in Connecticut, Maine (unless properly tagged), Ohio, South Dakota, Vermont, West Virginia, and Wisconsin. FEDERAL LAW. Those sections of the act of May 25, 1900, commonly known as the Lacey Act, which relate to the sale and transportation of game are here given in full for the information of shippers and dealers. AN ACT to enlarge the powers of the Department of Agriculture, prohibit the transportation by interstate commerce of game killed in violation of local laws, and for other purposes. 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 Terri- tory to another State or Territory, or from the District of Columbia or Alaska to any State or Territory, or from any State or Territory to the District of Columbia or Alaska, any foreign 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 Dis- trict 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 captured, and the export of which is not prohibited by law in the State, Territory, or District in which the same are killed. Sec. 4. That all packages containing such dead animals, birds, or parts thereof, _ when shipped by interstate commerce, as provided in section one 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 two hundred dollars; and the consignee knowingly receiving such articles so shipped and transported in violation of this act shall, upon conviction, pay a fine of not exceeding two hundred dollars; and _ the carrier knowingly carrying or transporting the same shall, upon conviction, pay a fine of not exceeding two hundred dollars. . Sxc. 5. That all dead bodies, or parts thereof, of any foreign game animals, or game 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 and 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 other- wise. This act shall not prevent the importation, transportation, or sale of birds or bird plumage manufactured from the feathers of barnyard fowl. Approved May 25, 1900. 1 Mongoose, flying fox, English sparrow, and starling. 9368—No. 14—00——5 STATE LAWS. The following digest of the laws of the various States relates chiefly to the transportation and sale of game. Sections which con- tain prohibitions against transportation and sale merely during close seasons are omitted, since they are so common that their repetition seems unnecessary. Hence no extracts will be found from the laws of the District of Columbia, Georgia, Kentucky, Louisiana, Missis- | ; sippi, Missouri, Nebraska, or Virginia. As a rule the statutes are quoted verbatim, but in some cases abstracts only are given, and these are placed in brackets. . ALABAMA. General Laws of 1899, pp. 77-83. Sec. 5. * * * It shall be unlawful at any period or season of the year to kill, entrap, or pursue with intent to kill or entrap any deer, fawn, wild turkey, pheasant, grouse, quail, partridge, woodcock or squirrel, in any part of this State, for the purpose of selling the same. It shail be unlawful for the proprietor, manager, clerk or agent of any market, or other person, firm or corporation, to purchase, sell or expose for sale, any deer, fawn, wild turkey, pheasant, grouse, quail, par- tridge, woodcock or squirrel, killed or entrapped within this State. That it shall be unlawful for the proprietor, manager, clerk or agent of any market, or other person, firm or corporation, to purchase for the purpose of again selling the same any deer, fawn. wild turkey, pheasant, grouse, quail, partridge or woodcock killed or entrapped within this State. Whosoever shall offend against any of the pro-— visions of this section, shall, on conviction; be fined not less than one hundred | dollars for every deer, fawn, so taken, purchased or sold, and twenty-five dollars for every wild turkey, pheasant, grouse, quail, partridge or woodcock so taken, purchased or sold, or by sentence to imprisonment in the county jail for a period of one day for each dollar of penalty imposed. ? ot Sec. 6. * * * That no person or persons, company or corporation, or the agent or employee thereof, shall at any time. catch, take or kiil, or have in his, her or its possession or under his, her or its control, any of the birds or game mam- mals of this State, the killing of which at any or all times is prohibited by the laws of this State, with intent to ship or remove the same beyond the limits of this State, or with intent to aid in the shipment or removal thereof out of this State; and it shall not be lawful for any person or persons, railroad company, express company, stage driver, or any company or corporation, or person or persons, act- ing in the capacity of a common carrier, their officers or employees, to knowingly receive for transportation or transport or remove beyond the limits of the State, any of the game birds or game mammals mentioned in thisact. [Penalty,$50-$100 — : for each offense. | SEC. 14. * * * Provided, the provisions of this act shall not apply to the | counties 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, 48 ALABAMA—ARKANSAS. 49 Blount, Baldwin, Dallas, Chilton, Talladega, Escambia, Elmore, Lamar, Sumter, P Fayette, De Kalb, 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. ARIZONA. Acts of 1897, No. 41, pp. 78-80. Src. 8. Every person who, in the Territory of Arizona, shall at any time sell, or offer or expose for sale, the hide or meat of any deer, elk, antelope, mountain sheep, mountain goat, or the carcass of any wild turkey, shall be guilty of a misdemeanor. Sec. 9. Every person who shall buy, sell, offer, or expose for sale, transport, or carry, or have in his possession, any deer or antelope, or any deer or antelope hide or pelt, from which the evidence of sex has been removed, shall be guilty of a misdemeanor. Sec. 11. Every person who, in the Territory of Arizona, shall at any time net, trap or pound any quail, partridge or grouse; and every person who shall sell, transport, or give away, or offer or expose for sale or have in his possession any quail, partridge or grouse that has been snared, captured or taken in, or by any ‘means of any net, trap or pound is guilty of a misdemeanor. Sec. 12. Proof of possession of any quail, partridge or grouse which shall not show evidence of having been taken by means other than a net, trap or pound, shall be prima facie evidence in any prosecution for violation of the provisions of the preceding section, that the person in whose possession such quail. partridge or grouse is found, took, killed or destroyed the same by means of a net or pound. Sec. 16. Any officer, agent, servant or employee of any railroad company, express company, or other common carrier or private individual, who shall have or receive for transportation, or who shall transport or assist in transporting, any of the game animals or birds mentioned in this act at or during the time when the killing or taking the same is prohibited or for transportation or carriage out- side the limits of this Territory at any time, shall be guilty of a misdemeanor. Sec. 17. Any person round guilty of a violation of any of the provisions of the various Sections of this Act shall, upon conviction, be fined in the sum of not less than twenty-five dollars nor more than one hundred dollars ($100.00) and costs, and, in default of the payment of such fine and costs shall be imprisoned in the : county jail for a period not to exceed one day for each dollar of such fine and costs unpaid. * * * Approved March 16, 1897. ARKANSAS. Sandels and Hill’s Digest of the Statutes, 1897, Chap. LXIX, pp. 844-848. Sec. 3414. * * * It shall be lawful to export from any part of this State, beavers, opossums, hares or rabbits, ground hogs or woodchucks, raccoons, squirreis, snipes or plovers, ducks and geese, when shipped openly. Sec. 3415. It shall be unlawful for any person toexportany * * * game from _ this State until April 12, 1901, and any person violating the provisions of this act shail be guilty of a misdemeanor, and shall be fined, upon conviction, in any sum not less than $25, nor more than $50.! 1The circuit court of Craighead County has held that this does not prevent _ sportsmen from carrying with them, out of the State, game which they may have 4 killed. (See Forest and Stream, Nov. 17, 1900, p. 387.) 50 LAWS REGULATING TRANSPORTATION AND SALE OF GAME. Src. 3416. It shall be unlawful for any railroad company, steamboat, express company, or any other common carrier, to take for He ESE any fish or game con signed to points beyond the limits of this State. Src. 3417. All such common carriers may refuse to receive any package which they may suppose contains fish or game designed for export, and may cause said package to be opened. or may satisfy themselves in any other way that said pack- age does not contain game or fish. Sec. 3418. Any common carrier violating the provisions of this act, shall be guilty of a misdemeanor and upon conviction shall be fined in any sum not less than $50. nor more than $200. Src, 3434. It shall be unlawful for any person to purchase, have in possession or expose for sale, any of the birds or game mentioned in section 3431 [deer, quail, or Virginia partridge, pinnated grouse, or prairie chicken, wild turkey] during the season when the catching, killing, or injuring thereof is by this act pro- hibited. Sec. 3435. it shall be unlawful for any railroad company, express company, steamboat company, or other company, or corporation, or private person, to have in possession or receive for transportation or carriage, or for any other purpose whatsoever, any of the game or birds mentioned in section 5431, during the season when the killing, catching or injuring the same is prohibited. (See p. 18.) Sec. 3436. [Violation of any of the provisions of this act a misdemeanor, pun- ishable by a tine $8-$10 for each bird or for each nest of eggs, and $10-$20 for each deer, together with costs of prosecution. | Sec. 3440. It shall be unlawful for any common carrier or individual to carry as freight or otherwise any pinnated grouse, commonly called prairie chickens, either within or without this State, for a term ending April 12, 1901. Sec. 3441. Any common carrier or individual who shall violate the preceding section, shall be subject to a fine of not less than $25, nor more than $50, for each pinnated grouse, commonly called prairie chickens, which they shall ship or carry as above specified in this act, either dead or alive. CALIFORNIA. Penal Code, 1897, pp. 216-221. Sec. 626. * * * Every cold-storage company, person keeping a cold-storage warehouse, tavern, or hotel-keeper, restaurant, or eating-house keeper, market- man, or other person, who shall buy, sell, expose or offer for sale. or give away, or have in his possession, any quail, bobwhite, partridge, robin, grouse, dove, pheasant, wild duck, or rail, during the time it shall be unlawful to kill such birds; * * * every person who shall at any time buy, sell, or offer for sale the hide or meat of any deer, elk, antelope, or mountain sheep; every person who shall buy, sell, offer, or expose for sale, transport or carry, or have in his pos- session, the skin, hide, or pelt of any deer from which the evidence cf sex has been removed, is guilty of a misdemeanor; provided, however, that the right of pos- session for the purpose of propagation shall first be obtained by a permit in writ- ing, from the Board of Fish Commissioners of the State of California. 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. It shall be no defense in a prosecution for a violation of any of the provisions of this section that the birds or animals were taken or killed outside this State: provided, however, that nothing in this section shall be held to apply to the hide of any of said animals taken or killed in Alaska or any foreign country. CALIFORNIA—COLORA DO. 51 Sec. 627. * * * Every railroad company, express company. transportation - company, or other common carrier, their officers, agents. and servants, and every other person who shall transport, carry, or take out of this State. or who shall _ receive for the purpose of transporting from the State, any deer, deerskin, buck. doe, or fawn, or any quail. partridge, pheasant, grouse, prairie chicken, dove. or _ wild duck, transport, carry, or take from the State, or receive for the purpose of transporting from this State. any such animal or bird. shall be guilty of a mis- demeanor: provided. that the right to transport for the purposes of propagation shall first be obtained by permit, in writing. from the Board of Fish Commissioners of the State of California. 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 nor more than one hundred and fifty days, or be punished by both such fine and imprisonment. Amendment approved March 9, 1897; Stats. 1897. chap. 89. Sec. 631. Every person who shall at any time net or pound, cage or trap, any quail, partridge, or grouse, and every person who shall sell, transport, or give away, or offer, or expose for sale, or have in his possession any quail, partridge, or grouse that has been snared, captured, or taken by means of any net or pound, cage or trap, whether taken in the State of California, or shipped into the State from any other State, Territory. cr foreign country, is guilty of a misdemeanor; . provided, the same may be taken for the purposes of propagation, written perinis- sion having been first obtained from the game warden of the county wherein said _ birds are to be taken. Proof of possession of any quail, partridge, or grouse, which shall not show evidence of having been taken by means other than a net or or pound, shall be prima facie evidence in any prosecution for vioiation of the provisions of this section that the person in whose possession such quail, partridge, or grouse is found, took, killed, or destroyed the same by means of net or pound. Amendment approved March 27, 1895; Stats. 1895, p. 260. le a. COLORADO.! Session Laws of 1899, chap. 98, pp. 188-217. Division A, Sec. 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. Division B, Sec. 1. No person shall at any time of the year. or in any manner, ___ pursue, take. wound or kill any bison. buffalo, elk, deer, antelope. mountain sheep or beaver, or any of the following wild birds, viz: Turkey, prairie chicken, sage chicken, grouse, quail, pheasant, partridge. ptarmigan. duck. goose, brant, swan, crane, water fowl. pigeon. dove. snipe or curlew. * * * or sell, offer or expose for sale or have the same in possession, except as permitted by thisact. * * * SEc. 3. No person shall have in possession or transport the carcass of any game quadruped or any considerable portion of such carcass unless the same has _ thereon the natural evidence of its sex sufficient to enable such sex to be readily __ determined by ordinary inspection. Division D,Sec. 11. Whenany person lawfully in possession of game or fish shall desire to transport the same within this state. the transportation of which is not herein otherwise provided for, or out of this state, the commissioner may, upon — = ‘For full regulations regarding sale of game taken in public and private parks or imported from other States, see Divisions C, secs. 16-21; and D, secs. 4-8. 52 LAWS REGULATING TRANSPORTATION AND SALE OF GAME. being satisfied that the possession and transportation is not in violation of the spirit of this act, grant a permit therefor, and thereafter during the period of ten days after its date, such transportation shall be lawful between the points therein named. eet Src. 12. No railroad company, express company, stage company or other public carrier, messenger, baggage man, or person in charge of any public conveyance, nor any agent thereof , shall receive cr store for transportation, or transport into, or within, this State. any game or fish except as follows, namely: (1) When there is attached thereto a proper and valid certificate or permit signed by the commissioner, or having a facsimile of his signature thereon and on its face authorizing transportation of the article named therein, and during the period therein stated. (2) At any time of year when the same is shipped from a private park or lake and has attached thereto a proper and valid invoice as required in Division C of this act. A (3) At any time of year when the same is in charge of the commissioner, or some person acting for him and under his written authority, or an officer having seized the same under the provisions of this act, or a game or fish commissioner or warden of the United States or some other State, Territory or foreign country. (4) At any time of year when the same has been seized and sold by an officer - and has attached thereto an invoice as provided in this division, and for thirty days after the date of such invoice. (5) When there is attached thereto a proper and valid importer’s invoice, author- izing transportation of the article therein named and during the period therein stated. (6) At any time of the year when the saine are small fry or fish eggs for stocking purposes. (7) At any time of the year when thesame is being transported from some other State or Territory into this State in conformity with section 2 or 3 of this division. (8) During the open season therefor and for five days thereafter when presented for shipment in lawful number or quantity. [See pp. 18, 34.] Sec. 13. Game or fish may be transported out of this State only when accompa: . hied by a permit from the commissioner authorizing the same, as provided in sec- tion 11 of this division, or when being transported from some other State or Territory where taken or killed, through this State to some other State or Territory. SEC. 14. Whenever any game or fish is presented for transportation or trans- ported in a box, barrel, package, or other covering, so the game or fish is not plainly visible, the consignor shall put on the outside of such covering a plain mark or label indicating the true contents, and the proper invoice, certificate, or permit, when one is required, shall be attatched [attached] to the outside of the covering. SEc. 15. Nothing herein shall make such carrier liable for transportation of game or fish when the same is transported without charge or waybill and in the possession of a passenger; but such fact shall not exempt the same from seizure, if unlawfully taken, killed. held in possession, or transported. DIvIsION G, Sec. 1. Every attempt to violate any provision of this act shall be punishable to the same extent as an actual violation thereof, and any such attempt or violation by an agent, clerk, officer, or employe, while acting for a corporation, shail render such corporation liable also, and an accessory may in all cases be prosecuted and punished as a principal. SEC. 4. Every person or officer violating any of the provisions of this act, * * * shall be guilty of a misdemeanor and be punished by a fine of not less than $10 nor more than $500, or by imprisonment in the county jail not less than ten days nor more than six months, or by both such fine and imprisonment. Approved, April 27, 1899, CONNECTICUT—DELAW ARE. 53 CONNECTICUT. General Statutes 1888, Title XLI, Chap. CLII, pp. 558-559. SEc, 2540. Nothing in this chapter shall prevent any person from taking alive and keeping any species of game or bird hereinbefore mentioned [gray squirrel, - quail, ruffed grouse, woodcock, sora, and insectivorous birds] for the purposes of - domestication, or propagation, if it be done without committing a trespass upon _ the land of another. Src. 2545. Every person, not the owner or occupant under lease of the lands upon which said birds shall have been taken, nor a member of the family of such Owner or occupant who shall sell or exchange, or offer or expose for sale or exchange, any partridge, quail, or woodcock which have been taken or killed by traps, snares, nets, or similar devices, shall be fined not more than ten dollars for each bird so sold, or exchanged, or offered or exposed for sale or exchange. Sec. 2546. No person shall at any time kill any woodcock, ruffled grouse, or quail, for the purpose of conveying the same beyond the limits of this State; or shall transport, or have in possession with intent to procure the transportation beyond said limits, any of such birds killed within this State. The reception by any person within this State of any such bird or birds for shipment to a point without the State, shall be prima facie evidence that said bird or birds were killed within the State, for the purpose of carrying the same beyond its limits. Sec. 2547. Any person violating any of the provisions of the preceding section shall be fined not less than seven nor more than fifty dollars. DELAWARE. Laws of 1891, Vol. XIX, chap. 137, pp. 268-269. Sec. 1. (As amended by laws of 1893, chap. 654.) That from and after the passage of this act it shall be unlawful for any person or persons to ship, take, or _ carry away, or attemptto ship, take, or carry cut of this State, any quail, partridge, robin, woodcock, or wild rabbit, dead or alive, for purposes of sale or otherwise. And it shall also be unlawful for any person who is a nonresident of this State to ship, take, cr carry away, or attempt to ship, take, or carry away, any quail, par- tridge, robin, woodcock, Wilson or English snipe, or wild rabbit, dead or alive, from one county to another county in this State, for the purposes of sale or otherwise. If any person shall ship, take, or carry away, or attempt to ship, take, or carry away, any birds or animals named in this act out of this State, or from one county to another county in this State, contrary to the provisions of this act, he shall be deemed guilty of a common nuisance, and upon conviction thereof before any justice of the peace in this State shall be fined five dollars for each and every bird or animal so shipped or taken or carried away, or so attempted to be shipped, or taken or carried away contrary to the provisions of this act, and upon failure to pay said fine and the costs of prosecution he shall be committed to the jail of the county in which such offense occurred for the period of thirty days, unless said fine and costs be sooner paid; one half said fine shall be paid into the treasury of the county and the other half to the informer. Passed, April 20, 1891. Laws of 1893, Vol. XIX, chap. 655, p. 802. Sec. 3. That from and after the passage of this act it shall be unlawful for any q person or persons within this State at any time to buy, for purposes of profit or sale. any partridge, quail, or pheasant, and all acts or parts of acts authorizing 4 the issuing of licenses to dealers in said birds be and the same are hereby repealed 54 LAWS REGULATING TRANSPORTATION AND SALE OF GAME. as far as they relate to the buying of said birds. Any person or persons violating the provisions of this section shall be fined as prescribed in section 5, chapter 507, vol. 17, Laws of Delaware. Passed May 4, 1893. DISTRICT OF COLUMBIA. | [Prohibitions against sale refer only to close seasons. No prohibition against transportation. | FLORIDA. Laws of 1899, chap. 4784, p. 174. Sec. 2. That no person or persons, firm or corporation shall sell, expose for sale, or have in his, her, its or their possession for sale at any time any wild deer, veni- son or deer hide and it shall be unlawful for any person or persons, firm or cor- poration to ship or transport any deer, venison or deer hide or hides in this State for sale at any time, and it shall be unlawful for any common carrier to transport any deer, venison or deer hide or hides in this State at any time to be sold. Any person or persons, firm or corporation violating the provisions of this section shall, upon conviction, be punished by a fine of not less than fifty dollars, nor more than two hundred dollars or be imprisoned in the county jail at hard labor not more than three nor less than one month. Src. 4. That any person or persons, firm or corporation who shall ship any deer hide or hides, venison, wild turkey, quail or partridge beyond the limits of the county in which the same was killed, shall, upon conviction, be deemed guilty of a misdemeanor and punished as prescribed in section one of this act [$25 to $100, or three to six months’ hard labor]. And any common carrier, agent or employee of any such carrier, who shall receive for carriage or permit the carriage of any such deer, hide, venison, wild turkey, quail or partridge by said common carrier across any county line in this State sha!l, upon conviction, be punished as pre- scribed in Section one of this act; Provided, Hunting parties may take their own game home with them in this State, but not for sale. Approved May 4, 1899. GEORGIA. [No general prohibitions against transportation or sale. | IDAHO. General Laws, 1899, pp. 429-431. Sec. 11. It shall be unlawful for any person, or persons, or agents or employees of any association or corporation to buy or sell the hides of any of the animals mentioned in any of the preceding sections of this Act. [Deer, elk, moose, caribou, antelope, mountain sheep, mountain goat. Penalty, $50 to $100 for each animal. | Sec. 19. It shall be unlawful for any person or persons, agent or employee of any association or corporation to buy or sell or to expose or offer for sale, any of the animals, birds, or fish, or any part or parts of any such animal, bird or fish pro- tected by the provisions of this Act at any time of the year. [Animals and birds protected: Deer, elk, moose, caribou, antelope, mounta‘n sheep, mountain goat, quail, partridge, pheasant, mongolian pheasant, grouse, prairie chicken, sage hen, duck, goose, swan. | Sec. 20. If any person or persons, agent or employee of any association or cor- poration shall be found in possession of any of the animals, birds, or fish, or any part or parts of any of the animals, birds, or fish protected by this Act, between the dates within which the killing, taking, ensnaring, entrapping, or destroying of the same is declared to be unlawful, it shall be deemed prima facie evidence eee. Sle eae. eee | eee era ee IDAHO—ILLINOIS. 55 that such person or persons, agent or employee killed, ensnared, trapped, or destroyed the same in violation of this Act. Provided, That the provisions of this section shall not apply to persons having in possession for preservation any stuffed birds or animals, or heads or horns of animals not taken or killed in violation of the provisions of this Act or other game laws of the State of Idaho. Sec. 21. It shall be unlawful for any railway, express company, stage line or other public carrier, or any of their agents or employees to receive or have in their possession for transportation any of the animals, birds, or fish, or any part or parts of any animals birds or fish protected by the provisions of this Act or other laws of this State, or to transport the same after the passage of this Act.. Except, that nothing in this Act shall prevent shipping or transporting in any manner, mounted heads, or stuffed birds or animals to any point within the State; Pro- vided, That such birds or animals were not killed in violation of this Act or other laws of the State, or that such heads or horns were not taken from animals taken _ or killed in violation of this Act or other laws of this State. SEC. 26. Any person or persons, agent or employee of any association cr corpora- tion violating any of the provisions of section 19 and 21 of this Act, shall upon conviction thereof be fined in any sum not less than twenty-five nor more than seventy-five dollars, together with costs of suit. Approved, March 13, 1899. ILLINOIS. Laws of 1899, pp. 224-227. Sec. 2. It shall be unlawful for any person to buy, sell or have in possession any of the animals, wild fowl or birds mentioned in section 1 of this act [deer, wild turkey, pinnated grouse, ruffed grouse, prairie chicken, pheasant or partridge, quail, woodcock, dove, squirrel, snipe, plover, wild goose, duck, brant, or other waterfowl], at any time when the killing, trapping, netting and ensnaring of such animals, wild fowl or birds shall be unlawful which shall have been killed, entrapped, netted or ensnared contrary to the provisions of this act. And it shall further be unlawful for any person or persons at any time to sell or expose for sale, or to have in his or their possession for the purpose of selling, any quail, pinnated grouse or prairie chicken, ruffled grouse or pheasant. grey, red, fox or black squirrel or wild turkey that shall have been caught. ensnared, trapped or killed within the limits of this State. And it shall further be unlawful for any person, corporation or carrier to receive for transportation, to transport,-carry or convey any of the aforesaid quail, pinnated grouse or prairie chicken, ruffled grouse or pheasant, squirrel, or wild turkey that shall have been caught, ensnared, trapped or killed within the limits of this State, knowing the same to have been sold, or to transport, carry or convey the sime to any place where it is to be sold or offered for sale, or to any place outside of this State for any purpose, except such person have a license from this State soto do. And any person guilty of violating any of the provisions of this section shall be deemed guilty of a misde- meanor, and, on conviction thereof, shall be fined not less than twenty-five dollars nor more than one hundred dollars for each and every offense, and shall stand committed to the county jail not exceeding ten days until such fines and costs are ‘paid: Provided, that the selling, exposing for sale, having in possession for sale, transporting or carrying and conveying, contrary to the provisions of this sec- tion, of each and every animal or bird forbidden herein, shall be deemed a separate offense. SEc. 6. No person or persons shall sell, or expose for sale, or have in his or their possession for the purpose of selling or exposing for sale, any of the animals, wild fowls or birds mentioned in section one (1) of this act after the expiration of five (5) days next succeeding the first day of the period in which it shall be unlawful 56 LAWS REGULATING TRANSPORTATION AND SALE OF GAME. to kill, entrap or ensnare such animals, wild fowls or birds; nor shall any of such animals, wild fowls or birds be sold or offered for sale during the first two days of the open season. Any person so offending shall, on conviction, be fined and dealt with as specified in section one (1) of this act [penalty, a fine of $15 to $30 and costs of suit, or imprisonment not exceeding 10 days, for each offense; but the killing of each bird or animal shall be deemed a separate offense], and selling or exposing for sale, or having the same in possession for the purpose of selling or exposing for sale, any of the animals or birds mentioned in this section, after the’ expiration of the time mentioned in this section, shail be prima facie evidence of the violation of this act: Provided, that the provisions of this act shall not apply to the killing of birds by or for the use of taxidermists for preservation either in public or private collection, if so preserved: Provided further, that nothing con- tained in this section shall be construed as modifying or being in conflict with section two (2) of this act, or authorizing or legalizing the sale or exposing for sale. transportation or receiving for transportation, any of the animals, birds or game as therein prohibited: And provided, also, that inhabitants of villages and cities may receive game from other States, and expose and sell the same on the market in said villages and cities between the first day of October and the first day of February of the following year. Src. 7. The provisions of this act shall not be construed as applicable to any express company or common carrier, into whose possession any of the animals, wild fowl or birds herein mentioned shall come in the regular course of their business for transportation whilst they are in transit through this State from any place without this State where the killing and transportation of said animals, wild fowl or birds shall be lawful. But notwithstanding this provision, the having or being in possession of any such animals, wild fowl or birds as are men- tioned in section one (1) upon any of the days upon which the killing, entrapping, ensnaring, netting, buying. selling, or having in possession any such animals, wild fowls or birds, shall be unlawful by the provisions of this act, shall be deemed and taken as prima facie evidence that the same was ensnared, trapped, netted or killed in violation of this act. Sec. 11. The ownership of and title to all wild game and birds in the State a Illinois is hereby declared to be in the State, and no wild game or birds shall be taken or kiiled in any manner at any time, except the person so taking or killing shall consent that the title to said game shall be and remain in the State of Illinois for the purpose of regulating the use and disposition of the game after such taking or killing. The {taking or killing of wild game or birds at any time or in any manner or by any person shall be deemed a consent of said person that the title to such game or birds shall be and remain in the State for said purpose of regulating the use and disposition of the same. Approved April 24, 1899. INDIANA. Revised Statutes, 1897, pp. 360-363. [SEc.] 2238. Killing quail or ruffed grouse. It shall be unlawful for any person to pursue or kill within this State any quail, ruffed grouse,or pinnated grouse for purposes of sale, barter, traffic or removal from the State, or to sell, barter, keep, expose or offer for sale, or remove from this State any quail, ruffed grouse or pinnated grouse caught or killed in the State of Indiana. |SEc.] 2239. Penalty. Whoever shall violate any of the provisions of section one of this Act [sec. 2238] shall upon conviction thereof be fined in the sum of one dol- lar for every quail, ruffed grouse, or pinnated grouse so unlawfully pursued, killed, sold, kept, exposed or offered for sale, or removed from this State. [SEc.] 2253. Carrying game. Every agent or officer of any express company or railroad company, or any other person or persons, who receives or transports any game, whether deer, quails, pheasants, woodcock. wild duck, or prairie chickens, ~ which shall have been killed, taken, or captured, or held in violation of the pro- Co 4 dhe of oh apelin re INDIANA—INDIAN TERRITORY. | 57 _ visions of this Act, shall, upon conviction thereof, be fined in the sum of ten dollars - for each deer, buck, doe, or fawn so received or transported, and the sum of two - dollars for each quail. pheasant, prairie chicken, wild duck, or woodcock so received or transported. [SEc.] 2254. Selling game not shot. Whoever sells, exposes to sale, or has pos- session of for the purpose of selling, any quail, pheasant, prairie chicken, or wild duck that has not been killed by shooting, shall be fined one dollar for each and every quail, pheasant, prairie chicken, or wild duck so sold, exposed to sale, or possessed for the purpose of selling. [SEc.] 2255. Carrying game beyond State. Itshallbe unlawful for any railroad company, express company, or other common carrier, or officers, agents, or sarv- ants, or any other person or persons, to transport, carry, or take beyond the limits of this State, or to receive for the purpose of transporting, carrying. or taking beyond the limits of this State, any deer, buck, doe, or fawn, any quail, pheasant, wild duck, grouse, prairie chicken, or woodcock: and any such railroad company, express company, or common carrier, their agents, officers, or servants, or any other person or persons violating the provisions of this section, sha:l be fined in any sum not more than one hundred dollars nor less than ten dollars for each offense so committed. ~~ INDIAN TERRITORY. Revised Statutes U. S., 1878. Sec. 2137. Every person, other than an Indian, who, within the limits of any __ tribe with whom the United States has existing treaties, hunts, or traps, or takes and destroys any peltries or game, except for subsistence in the Indian country, shall forfeit all the traps, guns, and ammunition in his possession, used or pro- _ cured to be used for that purpose, and all peltries so taken; and shall be liable in addition to a penalty of five hundred dollars. Laws of the Chickasaw Nation.' Act of September 23,1896. Sec. 2. * * * That no person shall kill, ensnare, net or trap any quail, _ prairie chicken, wild turkey, or any deer, antelope, or fawn, or other game, or _ -fish, within the limits of the Chickasaw Nation to sell, or export to any State or Territory; and any person who shall export or ship any game killed or taken in the Chickasaw Nation out of said Nation or Territory, shall be punished as herein- after provided for in this act. SEC. 3. * * * That no person shali ensnare, net or trap any quail, prairie _ chicken, wild turkey, deer, antelope, fawn, fish or other game used for food within _ this nation, or have in possession any game named in the foregoing section for amy purpose or any pretense whatever, except for food, and then when actually _ necessary for immediate use; and the reasonable necessities of the person killing _thesame. Any person violating the provisions of this section shall be punished as hereinafter provided for in this act. Sec. 4. * * * That any person or persons found guilty of violating the pro- visions of this act, as specified in sections two and three, shall upon conviction thereof by the District Court of the Chickasaw Nation, be fined in any sum not _ less than twenty-five dollars, nor more than one hundred dollars, and be impris- _ oned in the National Jail not less than ten days nor more than one hundred days _ at the discretion of the Court trying the case for the first offense: and upon sub- 3 sequent conviction for violating the provisions of this act. shall be both fined and _ imprisoned to the full extent provided for in this act. _ Approved September 23, 1896. 1 While the act of June 28, 1898, commoniy known as the Curtis Act, abolishes - the tribal governments in the Indian Territory, an exception is made in Section _ 29 continuing those of the Chickasaw and Choctaw Nations in force until March _ 4,1906. (30 Stat. L., 512.) =: 58 LAWS REGULATING TRANSPORTATION AND SALE OF GAME. IOWA. , Annotated Code, 1897, Title XII, chap. 15, pp. 887-888. SEC. 2552. Killing for traffic. Destroying eggs or nests. No person shall at any time, or at any place within this State, trap, shoot or kill for traffic any pinnated grouse or prairie chicken, woodcock, quail, ruffed grouse or pheasant; nor shall any one person shoot or kill during any one day more than twenty-five of either kind of said named birds; nor shall any one person firm or corporation have more than twenty-five of either kind of said named birds in his or their possession at any one time, unless lawfully received for transportation; or catch or take or attempt to catch or take, with any trap, snare or net any of the birds or animals named in the preceding section: or in any manner wilfully destroy the eggs or nests of any of the birds named in this and the preceding section. [18 G. A., ch. 198, §2; 17 G. A., ch. 156, §3.] SEC. 2554. Having in possession. Itshall be unlawful for any person, company or corporation to buy or sell, or have in possession, any of the birds or animals named in this chapter, during the period when the killing of such birds or animals is prohibited, except during the first five days of such prohibited period; and the possession by any person company or corporation of any such birds or animals during such prohibited period, except during the first five days thereof, shall be presumptive evidence of a violation of the provisions of this chapter relating to game. [17 G. A., ch. 156, $5.] SEC. 2555. Shipping out of State. No person, company or corporation shall at any time ship, take or carry out of this State any of the birds or animals named in this chapter; but it shall be lawful for any person to ship to any person within this State any game birds named, not to exceed one dozen in any one day, during the period when the killing of such birds is not prohibited; but he shall first make an affidavit before some person authorized to administer oaths that said birds have not been unlawfully killed, bought, sold or had in possession, are not being shipped for sale or profit, giving the name and post-office address of the person to whom shipped, and the number of birds to beso shipped. * * * [17G.A,, ch. 156 $6. ] SEC. 2556. Penalty. If any person use any device, kill, trap, ensnare, buy, sell, ship, or have in his possession, or ship, take or carry out of the State, contrary to the provisions of this chapter, any of the birds or animals named or referred to herein, or shall wilfully destroy any eggs or nests of the birds named or referred to in the preceding sections, he shall be punished by a fine of ten dollars for each bird * * * so killed, trapped, ensnared, bought, sold, shipped, had in pos- - session, destroyed, or shipped. taken or carried out of the State, and shall stand committed to the county jail for thirty days unless such fine and costs of pros- ecuting are sooner paid. [17 G. A., ch. 156, §7.] SEC. 2557. Receiving for transportation. If any railway or express company or other common carrier,or any of their agents or servants, receive any of the fish, birds or animals mentioned or referred to in this chapter for transportation or other purpose, during the period hereinbefore limited and prohibited, or at any other time except in the manner provided in this chapter, he or it shall be punished by a fine of not less than one hundred nor more than three hundred dollars, or by imprisonment in the county jail for thirty days, or by both such fine and imprisonment. KANSAS. Session Laws of 1897, chap. 135, pp. 294-295. Sec. 3. The having in possession, by any person or persons, company or corpora- tion of any bird named in section one of this act [partridge, pinnated grouse or. Se ie ee ee ee ey a . od ea + : ; ~ ate iat Sal 7 a ne Ser=% f Ff KANSAS—MAINE. 59 ‘prairie chicken, grouse, quail, pheasant, oriole, meadowlark, robin, thrush, red- bird, mockingbird, blue jay, turtledove, yellowhammer, or bluebird], excepting song birds, at any time when the bird so possessed is not permitted to be shot by the provisions of said section, shall be deemed prima facie evidence of a violation of the provisions of this act. Sec. 6. It shall be unlawful for any person or persons, company or corporation, at any time, to buy, sell, barter, ship or offer for sale, barter or shipment, within the State of Kansas, any bird or birds named in section one of this Act. The hay- ing in possession by any person, company or corporation of any bird or birds named in section one of this act, except by a person who has lawfully killed the same, shall be deemed prima facie evidence of a violation of this act. Sec. 7. It shall be unlawful for any railroad, express or transportation company or corporation, or any agent, employee or manager of such company to accept, within the State of Kansas, for shipment or transfer, any of the birds mentioned in section one of this act. The having in possession of any of the birds mentioned in the first section of this act by any such railroad, express or transportation com- pany or corporation, or agent or employee or manager thereof, shall be deemed prima facie evidence of a violation of this act. Sec. 8. Any person, or the manager. agent or employee of any company or cor- poration 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. LOUISIANA. [No general prohibitions against transportation or sale. | MAINE. Public Laws of 1899, chap. 42, pp. 35-44. Sec. 11. * * * Norshall any person or corporation carry or transport from place to place any of the birds mentioned in this section [wood duck, dusky or black duck, teal, gray duck, ruffed grouse or partridge, woodcock, quail, plover, snipe, and sandpipers], in close season, nor in open season unless open to view, tagged, and plainly labeled with the owner's name and residence and accompanied by him, unless tagged in accordance with section twenty-six of this chapter under the same penalty [$5 for each bird]. Any person, not the actuai owner of such bird, who, to aid another in such transportation, falsely represents himself to be the owner thereof, shall be liable to the same penalty; nor shall any person or corporation carry or transportat any one time more than fifteen of any one variety of the birds above named as the property of one person under the same pen- ae SEC. 12. * * * 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. 23. No person or corporation shall carry or transport from place to place any moose or deer, or part thereof, in close time, nor in open time unless open to view, tagged and plainly labeled with the name and residence of the owner thereof, and accompanied by him, under a penalty of forty dollars and costs. of prosecution for each moose or deer so transported or carried; and any person not the actual owner of such game or parts thereof, who, to aid another in such trans- 60 LAWS REGULATING TRANSPORTATION AND SALE OF GAME. | j portation, falsely represents himself to be the owner thereof, shall be liable to the penalties aforesaid; and it shall be prima facie evidence that said game, that is being transported or carried in violation of this section. was illegally killed; but nothing herein shall apply to the transportation of moose or deer by any person or corporation, when such game is lawfully tagged in accordance with the provisions of section twenty-six of this chapter. Whoever lawfully kills a bull moose shall, while the same or any part thereof, is being transported, preserve and transport it with the evidence on the moose of the sex of the same. Whoever fails to comply with the provisions of this section shall forfeit to the State the moose or part thereof being transported, and pay a fine of three hundred dollars and costs of prosecution. : Sec. 24, All birds, fish, and game hunted, caught, killed, destroyed, bought, carried, transported or found in possession of any person or corporation, in viola- tion of the provisions of this chapter and amendments thereto, shall be liable to seizure; and in case of conviction for such violation. such game shall be forfeited to the State, to be sold for consumption in this State only. Any person whose game or fish has been seized for violation of any game or fish law, shall have it returned to him on giving to the officer a bond with sufficient sureties, residents of the State, in double the amount of the fine for such violation. on condition that, if convicted of such violation, he will, within thirty days thereafter, pay such fine and costs. If he neglects or refuses to give such bond and takes the game or fish so seized, he shall have no action against the officer for such seizure, or for the loss of the game or fish seized. SEc. 25. No resident of this State shall sell or give away any moose or deer or part thereof, or any game birds, to be transported or carried beyond the limits of this State, under a penalty of one hundred dollars for each and every mcose, deer or part thereof, and one dollar for every game bird so sold or given away; and any person who shall buy any of the above-named animals or birds or parts thereof, to so transport them, or who shall transport them after buying the same or receiving the same as a gift, shall be subject to the same penalty. SEc. 26. Any person who has lawfully killed a moose or a deer, except in September as heretofore provided, * * * or one pair of game birds, may send the same to his home or to any hospital in the State, without accompanying the same by purchasing of the duly constituted agent theretor a tag, paying fora moose five dollars, for a deer two dollars, * * * and fifty cents for a pair of game birds. The commissioners of inland fisheries and game may appoint agents in convenient localities who may sell these tags, under such rules and regulations as the commissioners may adopt. * * * SEC. 27. Any marketman or provision dealer, having an established place of business in this State, may purchase and have in his possession at his said place of business not more than three deer, lawfully killed or destroyed, or any part thereof, at one time, and may sell the same at retail to his local customers, pro- vided, however, that said marketman or provision dealer, shall have procured a license of the commissioners of inland fisheries and game to carry on said busi- ness of buying and selling deer as aforesaid: and provided further, that said mar- ketmen shall record in a book kept for that purpose, and upen to the inspection of inland fish and game wardens and the commissioners of inland fisheries and game, - the name and residence of each person of whom he purchases any inland fish or game and the date of such purchase; and if any marketman or provision dealer shall violate the provisions of this section, he shall be fined five hundred dollars for each offense and be prohibited for five years thereafter from the benefits of this section. All marketmen or provision dealers licensed as aforesaid shall pay to the commissioners, in cities and towns of over three thousand inhabitants, five dollars annually, and three dollars in all other places; or instead of this fee, the commissioners may, at their discretion, issue licenses authorizing the retailing of a 3 MAINE—MARYLAND. ! 61 : deer as above specified, on payment of fifty cents for each deer retailed; said mar- _ ketmen and provision dealers holding these licenses shall annually, on December fifteenth, make, sign, and send to the commissioners, under oath, a statement set- ting forth in detail the number of deer by them bought, and of whom bought, and the date of each purchase, during the time covered by their licenses; and who- ever fails to make the report required in this section shall be subject to a penalty of one hundred dollars and costs. Sec. 28. The commissioners may annually issue licenses to suitable persons to buy and sell, or tan, deer skins lawfully taken, Such persons shall keep a record of all deer skins purchased, of whom purchased, and the date of purchase, and shall report annually to the commissioners. The fee for such license shall be five dollars, to be paid to the commissioners and by them to the State treasurer; and whoever, licensed as aforesaid, unreasonably and willfully refuses to make such ; : report, shall be punished by a fine of one hundred dollars and costs. Seyi ies 4s Approved, March 8, 1899. MARYLAND. The general State game law, Acts of 1898, chap. 206, only contains provisions against sale of game in close seasons. The following abstracts of local laws are taken from the compilation of the game and fish laws prepared by the Maryland Game and Fish Protective Association, and are arranged alphabetically by counties. ; Anne Arundel. [Unlawful to sell any partridge, quail, woodcock or pheasant taken in Anne Arundel County, or to carry the same out of the county alive or dead. Penalty, $5 for each bird, or 10 days: one-half to informer, one-half to county schools. Acts 1900, chap. 151.] Caroline. [Unlawful to ship or attempt to ship out of this county at any season, any partridges, quail, woodcock, or rabbits shot or trapped in said county. Pen- alty, $5 for each bird, etc.,so shipped. Possession by any express or transportation company of any of said game is prima facie evidence of violation. Public Local Laws, 1888, Art. 6, Secs. 30, 31. ] Frederick. [Unlawful to sell, barter or trade. (or to attempt the same) any pheasant, partridge, squirrels or woodcock that have been trapped or shotin Fred-- erick county. Penalty, $10 for each bird, etc.: one-half toinformer. Public Local Laws, 1888, Art. 11, Secs. 45, 48, 53. [Unlawful to ship or attempt to ship beyond the mits of Frederick county, or to sell for the purpose of shipping, or to send or carry beyond said limits for the purpose of sale, etc., any pheasants, partridges, squirrels or woodcock shot, 4 snared, etc.,in said county. Penalty, $50 for each violation; one-half to informer. Thid., Secs. 47, 48, 53. [Possession of any pheasant, partridge, squirrel or woodcock in Frederick county, prima facie evidence that the same was shot, trapped, etc., in said county. Ibid... Sec. 49. [Trahsportation or offer to transport any pheasants, partridges, squirrels or woodcock is prima facie evidence that the same were transported or shipped or. offered for transportation or shipment for the purpose of sale. Ibid., Sec. 50. [Carrying of pheasants, partridges, squirrels, or woodcock from door to door is prima facie evidence that the same were offered for sale. Ibid., Sec. 51.] Kent. [Unlawful for any person or corporation in this county to ship or trans- port for sale beyond said county (orattempt the same) any bird, rabbit, or squirrel killed or taken in said county without first obtaining a license. Penalty, $30 for each offense; one-half to informer. Possession of any of said game by an express or transportation company at any time is prima facie evidence of violation. Acts 1894, chap. 501, Secs. 38, 39. ] 62 LAWS REGULATING TRANSPORTATION AND SALE OF GAME. Montgomery. [Unlawful to sell for the purpose of being carried out of the county, or to carry out of the same, for the purpose of sale, any partridge, pheas- ant, or wild turkey. Penalty, $10 for each violation; one-half to informer. Pub- lic Local Laws, 1888, Art. 16, Secs 56, 57. ] Queen Anne. [Unlawful toship, or attempt toship for sale, out of said county, at any season, any partridge, rabbit, or woodcock shot or trapped in this county, without obtaining license. Penalty, $5 for each bird so shipped or sold, payable to school fund. Possession by any transportation company prima facie evidence of violation. Public Local Laws, 1888, Art. 18, Secs. 34, 36. ] Somerset. [Uniawful to send or take any of the following game out of the county: Rabbit, squirrel. muskrat, partridge, pheasant, dove, woodcock, wild duck, wild goose. Penalty, $5 to $25 for each and every bird or animal. Acts 1900, chap. 203. | Washington. [Unlawful tosell, or attempt to sell, at any time, pheasants, par- tridges, wild turkeys, deer, squirrels, or rabbits killed or trapped in Washington County, or to ship said game elsewhere to sell the same. Penalty, $10 to $20; one- half to informer. Public Local Laws, 1888, Art. 22, Secs. 382, 33, 34. ] Wicomico and Worcester. [Unlawful for any person, corporation, or company at any time to kill or expose for sale, transport, or have in possession any partridge or quail, after the same has been killed, for any purpose except for consumption as food, within Wicomico or Worcester counties; nor kill, expose for sale, or have in possession any of the above-named game with the intention of sending or trans- porting or having the same sent or transported beyond the limits of said counties. [But this is not to prevent barter or sale of such game for home consumption only, by residents of said counties within the limits of said counties. Penalty, $5 to $25 for each offense, all of which is payable toinformer. Public Local Laws, 1888, Art. 23, Secs. 7 and 8. | MASSACHUSETTS. Acts and Resolves of 1884, chap. 308. SEC. 2. Game artificially propagated and maintained upon lands, posted as above, shall be the exclusive property of the person propagating and maintaining the same, but such person shall not sell such game for food at seasons when its capture is prohibited by law. 7 SEC. 3. Whoever offends against any of the provisions of this act shall be pun- ished by a fine not exceeding twenty dollars. Acts and Resolves of 1886, chap. 276. SEC. 10. Whoever takes, carries, sends, or transports any of the birds or ani- mals protected herein, out of this Commonwealth, the said birds or animals hav- ing been illegally taken or killed within this state, shall be punished by fine of twenty dollars. Approved, June 10, 1886. Acts and Resolves of 1890, chap. 249, p. 156. SEC. 2. Whoever at any time takes or sends or causes to be taken or trans- ported beyond the limits of the Commonwealth any woodcock, quail or ruffed grouse taken or killed within the Commonwealth, or has in possession any such bird or birds with intent to take or cause the same to be taken out of the Common- wealth, shall be punished by a fine of ten dollars for every bird so had in posses- sion or taken or caused to be taken or sent beyond the limits of the Commonwealth as aforesaid. Approved, April 30, 1890. “a [Sener eee ioe Saat 2 are MASSACHUSETTS—MICHIGAN. 63 Acts and Resolves of 1900, chap. 379. Src. 2. For a period of three years after the passage of this act it shall also be unlawful to buy, sell, offer for sale, or have in possession for sale, any woodcock or ruffed grouse, commonly called partridge, whenever or wherever the said birds may have been taken or killed. Sec. 3. It shall be unlawful to take or kill or have in possession, or buy, sell or offer for sale, a quail, between the first day of December and the first day of Octo- ber following, whenever or wherever such bird may have been taken or killed: provided, however, that any person, firm or corporation dealing in game or engaged in the cold storage business may buy, sell or have in possession, and any person may buy from such person, firm or corporation, and have in possession if so bought, quail from the first day of December to the first day of May, if such quail were not taken or killed in this Commonwealth contrary to the provisions of this act; and any person, firm or corporation dealing in game or engaged in the cold storage business may have quail in possession on cold storage at any season, if such quail were not taken or killed in this Commonwealth contrary to the pro- visions of this act. Src. 4. It shall be unlawful to take or killa pinnated grouse at any time, ora wood or summer duck, black duck or teal, between the first day of March and the first day of September, or any other of the so-called duck species, between the twentieth day of May and the first day of September, or to buy, sell or have in possession any of the birds named in this section during the time within which the taking or killing thereof is prohibited, whenever or wherever such birds may have been taken or killed: provided, however, that any person, firm or corpora- tion dealing in game or engaged in the cold storage business may buy, sell or have in possession, and any person may buy from such person, firm or corpora- tion, and have in possession if so bought, pinnated grouse, wild pigeons and any of the so-called shore, marsh or beach birds, or any of the so-called duck species, at any season, if such birds were not taken or killed in this Commonwealth con- trary to the provisions of this act. SEC. 5. Whoever takes or kills, or buys or sells or offers for sale, or has in pos- session, or has in possession for sale, any bird contrary to the provisions of this act, shall be punished by a fine of twenty dollars for every bird so taken or killed, or bought or sold or offered for sale, or had in possession, or had in possession for sale. : Approved, June 13, 190U. MICHIGAN. Public Acts of 1893, No. 196, pp. 312-314. SEc. 1. Thatno 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 theState. * * * Whentheir 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. Sec. 2. No person, company or corporation shall at any time catch, take or kill, or have in possession of or under control, any of the birds, game or fish of this State, the killing of which is at any time or at all times prohibited by law, with intent to ship the same beyond the limits of this State, or with intent to allow or aid in their shipment out of this State, or shall ship or intentionally allow or aid in their shipment out of this State: Provided, however, That fish taken or caught in Lakes Michigan, Superior, Huron and Erie, and the bays and harbors 9368—No. 14—00——6 64 LAWS REGULATIN G TRANSPORTATION AND SALE OF GAME. connected with said lakes, and the Sault Ste. Marie, St. Clair, Saginaw and Detroit rivers may be sold, transported, and shipped out of this State. Src. 3. No person shall at any time have in possession or under control any bird, game or fish caught, taken or killed outside of this State, which was caught, taken or killed at any time, in a manner or for a purpose forbidden by the laws of the State, Territory or country where the same was caught, taken or killed, or which was shipped out of said State, Territory or country in violation of the laws thereof. Sec. 4. The possession or having under control of any kind of bird, game or fish, the killing of which is at any time or at ail times prohibited by the laws of this State, shall be prima facie evidence that it was killed in this State, to disprove which it shall be necessary to show by the testimony of the party who actually — caught, took or killed the same that it was killed outside of this State. When- — ever it shall appear that any bird, game or fish of a kind the killing of which is at any time or at all times prohibited by the laws of this State, was caught, taken or killed outside of this State, it shall be prima facie evidence that such bird, game or fish was caught, taken or killed at a time, in a manner and for a pur- pose prohibited by the laws of the State, Territory or country where it was _ caught, taken or killed, and was shipped out of said State, Territory or country in violation of the laws thereof. * * * Sec. 5. No person, company or corporation shall sell, or attempt to sell, or expose for sale, or have in possession or under control, for the purpose of selling or ex- posing for sale, any kind of bird, game or fish at any time when the taking, catch- ing or killing of such kind of birds, game or fish is prohibited by the laws of this State: Provided, however, That nothing in this act shall prevent the taking or catching alive of birds, game or fish for domestication, propagation or breeding purposes.! Sec. 6. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than ten dollars and not more than fifty dollars, and the costs of prosecu- tion, and in defauit of payment thereof shall be confined in the county jail until such fine and costs shall be paid; but such confinement shall not exceed thirty days. Approved, June 1, 1893. MINNESOTA. General Laws of 1897, chap. 221, pp. 413-429. SEC. 9. 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, animals or fish within this State of the kinds herein mentioned, but they shall always and under all circum- stances be and remain the property of this State. By killing, catching or taking the same, however, in the manner and for the purposes herein authorized, and during the periods when their killing is not herein prohibited, the same may be -used at the time, in the manner and for the purposes herein authorized, and dur- ing the periods when their killing is not herein prohibited, the same may be used at the time, in the manner and for the purposes herein expressly authorized, but not otherwise; and whenever any person kills, catches, takes, ships or has in his possession, or under control, any of the birds, animals or fish mentioned in this act at a time or in a manner prohibited by this act, such person shall thereby forfeit 1The game and fish warden department, under advice of the attorney-general of the State, holds that none of the game birds or animals protected for part or all of the time under the laws of Michigan, can be transported beyond the limits of the State. BENE Toe ee ee UN ee eee ee MINNESOTA. 65 and lose all his right to the use and possession of such bird, animal or fish, and the State shall be entitled to the sole possession thereof. Sec. 10..* * * Itshall be unlawful and is prohibited to catch, take, kill or have in possession or ship any woodcock, turtle dove, snipe, upland plover, prairie chicken or pinnated grouse, white-breasted or sharp-tailed grouse, between the first day of November and the first day of September following; or any quail, _ partridges, ruffled grouse or pheasant, between the first day of December and the first day of October following; or upland plover, prairie or golden plover, between the thirty-first day of October and the fourth day of July folowing; or any Mon- golian, English or Chinese pheasant at any time prior to the first day of Septem- ber, A. D. one thousand nine hundred and four (1904). The sale, exposing for _ gale, having in possession with intent to sell, or the shipment to any person, either within or without this State, by common or private carrier, of any ruffed grouse, sometimes known as partridge or pheasant, is hereby prohibited and made unlawful. Wild duck of any variety, or any variety of wild goose, brandt, or any variety of aquatic fowl whatever, between the fifteenth day of April and the first day of September following. Except that when the birds mentioned in this section have been lawfully caught, taken and killed within the time herein allowed, they may be had in possession for ten (10) days after the time hereinbefore limited, for use as herein specified, but not otherwise. 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 (30) days for each and every bird so caught, taken or killed, shipped or had in possession or under control. SEC. 13. No person shall at any time catch, take, kill, receive or have in posses- sion or under control any of the birds in this act mentioned, caught, taken or killed in this State, with intent to ship the same beyond the limits of this State, or with intent to allow or aid in their shipment out of this State, or ship the same out of this State. ‘ Whoever shall offend against any of the provisions of this section shall be guilty of a misdemeznor 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 pros- ecution, or by imprisonment in the county jail for not less than ten (10) days nor more than thirty (30) days for each and every bird so caught, taken, killed or had in possession or under control, or so shipped or allowed, or aided to be shipped. Sec. 14. * * * It shall be and is hereby made unlawful for any person to ship or cause to be conveyed by common carrier, or convey or caused to be con- veyed by any private conveyance at any time any elk, moose, caribou or deer to any person except the same is in the control of and accompanied by some person in charge thereof other than an employee of acommon carrier. Provided further, that it shall be and is hereby made unlawful for any person to ship or cause to be conveyed in the manner aforesaid any of such animals in excess of five (5) in num- _ ber during any one year from and after October twenty-fifth (25th); and whoever ‘shall offend against any provision of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars nor more than one hundred dollars and costs of prosecution, or by impris- onment in the county jail for not less than sixty days nor more than ninety days for each and every deer, fawn or elk so caught, killed, taken, shipped or had in possession or under control. Sec. 15. No person shall hunt, catch, ship or have in possession or under con- trol at any time any moose or caribou, except that antlered moose and antlered 66 LAWS REGULATING TRANSPORTATION AND SALE OF GAME. caribou may be killed between the fifth day of November and the tenth day of November in the same year, but no person shall kill more than one moose and one caribou in any one season: and provided further, that when any male moose or male caribou have been lawfully killed they may be had in possession for five days after the time herein limited for killing the same, and be used in the manner herein allowed, but not otherwise. Whoever shall offend against any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than three hundred dollars and costs of prosecution, or by imprisonment in the county jail for not less than ninety days nor more than two hundred days, for each and every moose or caribou caught, taken, kilied, shipped or had in possession or under control. Src. 18. No person sha!l at any time catch, take, kill or have in possession or under control any elk, deer, moose or caribou, or any part thereof, caught, taken or killed in this State, with intent to ship the same beyond the limits of this State, or with intent to allow or aid in their shipment out of this State, or shall ship or allow or aid in their shipment out of this State. Whoever shall offend against any of this provision of this section shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than fifty dollars nor more than one hundred dollars and costs of prosecution, or by imprisonment in the county jail for not less than sixty days nor more than ninety days, for each and every deer, moose, caribou or any part of the same so caught, taken or killed, or had in possession, or under control, or so shipped, or allowed to be shipped, or aided to be shipped. SEc. 19. Any person who is legally in possession of any of the birds or animals herein mentioned which have been caught, taken and killed at a time and ina manner permitted by the provisions of this act, and who is desirous of retaining possession of the same for his own use after the time hereinbefore limited when they may be had in possession, and who shall before the expiration of the five days hereinbefore limited within which they may ve had in possession, make application to the board of game and fish commissioners for leave to retain the same, which application shall be in writing and signed and sworn to by the appli- cant, and shall state: First—Thenameand residence of the person in possession of such birds or animals, Second—The number, kinds and location of said birds or animals, which unless (number) shall not exceed one hundred birds. five deer, one moose and one caribou for each applicant. Third—That if permitted to retain the same by said board the applicant will keep possession of said birds and animals for his own use and will not ship, sell or dispose of same. If said board is satisfied that said application is made in good faith, and said applicant will keep said birds or animals for his own use and not for sale, the said board shall cause tazs or seals which can not be duplicated by others, and which can not be removed without destroying the same, to be attached to each bird or animal, not exceeding one hundred birds, five deer, one moose, one caribou, for each applicant. The person making such application shall, before said tags or seals are attached, pay to such board the reasonable expense of making and ~ attaching such tags or seals. After such tags or seals have been so attached as aforesaid by said board, and the person who made such application keeps possession of such birds or animals for his own use and does not ship, sell or dispose of the same, and such tags or seals remain upon said birds or animals, he may retain possession of such birds or animals until consumed. Any person who shall ship, sell or dispose of any birds or animals which have been tagged or sealed as aforesaid shall be guiity of a misdemeanor, and upon con- MINNESOTA. 67 _ yiction thereof shall be punished by a fine of not less than twenty-five dollars nor more than fifty dollars and costs of prosecution, or by imprisonment in the county jail for not less than thirty nor more than sixty days for each and every bird or animal so shipped or sold or disposed of. Sec. 32. 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, ani- mals or fish wher caught, taken or killed in this State. 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 fifty (50) dollars and cost of prosecution, or by imprisonment in the county jail for not less than ten (10) days nor more than sixty (60) days for each and every such bird, animal or fish had in posses- sion or under control. . Src. 33. The possession or having under control any bird animal or fish of any kind, the killing of which is at any or all times herein prohibited, shall be prima facie evidence that it was the property of this State at the time when it was caught, taken or killed, and that it was caught, taken and killed in this State. * * * Whenever it shall appear that any bird, animal or fish of any of the kinds the killing of which is at any or all times herein prohibited was caught, taken or killed outside of this State, it shall be prima facie evidence that at the time it was caught, taken or killed it was the property of the State, Territory or country in which it was caught, taken or killed, and that such bird, animal or fish was caught, taken or killed at a time, in a manner or for a purpose prohibited by the laws of the State, Territory or country where it was caught, taken or killed, and that it was shipped out of said State, Territory or country in violation of lawthereof. * * * Sec. 34. It shall be the duty of every common carrier, its agents and all other persons, whenever any bird, animal or fish of any of the kinds the killing of which is at any or all times herein prohibited, is, in violation of law. offered for trans- portation or had in possession for such purpose, or is shipped, to at once notify the board of game and fish commissioners of this State, or one of the game wardens appointea by them, of the name and residence of the party making such shipment, the place from whence shipped and the name and residence of the party to whom shipped, and the kinds of birds, animals or fish so shipped. 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 fifty (50) dollars nor more than one hundred (100) dollars and costs of prose- cution, or by imprisonment in the county jail for not less than sixty (60) days nor more than ninety (90) days. SEC. 36. Any bird, animal or fish mentioned in this act caught, killed, shipped or had in possession or under control contrary to any provision of this act, is hereby declared to be and shall be contraband, and it shall be the duty of all mem- bers of the board of game and fish commissioners, all game wardens, sheriffs and their deputies, constables and police officers of this State, at any and all times to seize and take possession of any and all birds, animals or fish which have been caught, taken or killed at a time, in a manner or for a purpose, or had in posses- Sion or under control, or have been shipped contrary to any provision of this act. TS ae ail Sec. 45. Any attempt to violate any of the provisions of any section of this act shall be deemed a violation of such provision and punishable in the same manner / asa violation of such provision is punishable. Sec. 49. The provisions of this act shall not apply to domesticated birds or meanimals, * * * Approved, April 23, 1897. 68 LAWS REGULATING TRANSPORTATION AND SALE OF GAME. MISSISSIPPI. | ; [No general prohibitions against transportation or sale. | ; MISSOURI. [No general prohibitions against transportation or sale. | MONTANA. Laws of 1897, pp. 251, 253. Sec. 8. That any person who shall willfully catch, trap or otherwise restrain, for the purpose of sale or domestication or any other purpose, any buffalo, elk, moose, or mountain sheep within the State, shall be deemed guilty of a misde- meanor and be fined not more than Five Hundred Dollars nor less than One Hun- dred Dollars, and shall be imprisoned in the county jail not exceeding six months or by both such fine and imprisonment for each offense committed in the discretion of the court. Sec. 17. Any person or persons, agent or employees, of any stage or express company, or railroad company, or association of persons, who shall receive for transportation or carriage, or shall sell or offer for sale, fish or game that have been taken or killed contrary to the provisions of this Act, knowing or having reason to believe that such fish or game were so illegally caught, taken or killed, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not less than One Hundred Dollars, or more than Three Hundred Dollars for each lot or shipment of fish or game so transported or carried, or be imprisoned in the county jail for not less than ninety days, or both in the discretion of the court. . SEC. 19. Every person who shall sell or offer for sale, any of the birds or animals or any part thereof mentioned in sections 1,2,3,4,5 and 6 of this Act [deer, elk, moose, antelope, bison, buffalo, mountain sheep, Rocky Mountain goat, quail, partridge, grouse, prairie chicken, fool hen, sage hen, pheasant, Chinese pheasant, wild duck, wild goose, brant, swan], is punishable by a fine of not less than Twenty-five Dollars or more than Two Hundred and Fifty Dollars, or by imprisonment in the county jail for not less than thirty days, nor more than ninety days, or both such fine and imprisonment in the discretion of the court. Approved, March 8, 1897. NEBRASKA. {No general prohibitions against transportation or sale. ] NEVADA. Compiled Laws, 1900, pp. 181-182. Sec. 861. It shall be unlawful for any person or persons, firm, company, cor- poration, or association, within this State, to have in his or their possession, or to sell, buy, transport, or give away, or offer or expose for sale, or purchase from any person whomsoever, either Indians or other persons, any of the birds [quail, partridge, grouse, sage hen, pheasant, plover, woodcock, snipe, curlew, mud hen, sand-hill crane, duck, goose, brant, swan], wild game or animals [deer, elk, cari- bou, antelope, mountain sheep, goat], mentioned in this Act, during the seasons wherein the killing, injuring, pursuing, netting, trapping, pounding, weiring, caging, selling, buying, transporting, giving away, offering or exposing for sale, or having in his or their possession, is herein prohibited: provided, that nothing | _- | - NEVADA——-NEW HAMPSHIRE. 69 Ey . in this Act shall be so construed as to prohibit any person or persons, firm, com- pany, corporation, or association, taking any bird, fowl, or animal mentioned in this Act at any time for scientific purposes. Sec. 862. Any person or persons, firm, company, corporation, or association, or common carrier, or the agent of any such firm, company, corporation, or associa- tion, 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 imprison- ment 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 collected in the manner now provided by law for the collection of costs in civil actions, which said sum of twenty-five (25) dollars shall be paid to the party instrumental in securing the arrest and conviction of said defendant. Approved February 27, 1893. Sec. 865. Every railroad company, express company, transportation company, or other common carrier, their officers, agents and servants, and every other per- son who shall transport, carry or take out of this State, or who shall receive for the purpose of transporting from the State, any deer, buck, doe or fawn, or any mountain sheep or antelope. or any quail, sage chicken, prairie chicken, grouse, dove, wild duck or goose, except for purposes of propagation, shall be guilty ofa misdemeanor. 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 ($20) dollars nor more than five hundred ($500) dollars or be imprisoned in the county jail not less than ten nor more than ninety days, or by both such fine and imprisonment. Approved February 16, 1899. NEW HAMPSHIRE. Public Statutes, 1891, chap. 131. SEc. 6 (as amended by Laws of 1899, chap. 30, p. 266). If any person shall take, catch, kill, or destroy, during the open season of any year, any cow moose, or more than one bull moose, two caribou, or two deer, he shall be punished as pro- vided in section 1 of this chapter, for each offense; and if any person shall have in his possession the carcasses or hides of more than the aforesaid number.of moose, caribou, or deer, or parts thereof, or the carcass or hide, or any part thereof, of any animal, it shall be prima facie evidence that he has hunted and killed the same contrary to law; and no person or corporation shall transport any of said animals, or parts thereof, unless open to view. tagged, and plainly labeled: with the name of the actual owner, and accompanied by him, under a penalty of fifty dollars, except that the Blue Mountain Forest Association may kill deer and moose within the confines of its game preserve as established by chapter 258 of the Laws of 1895, until January i5 of each year, and may ship them to points without the State at any time when accompanied by a certificate of the fish and game commission that they were legally killed; and the fish and game commission shall provide such rules and regulatic1s as are necessary for the carrying out of the provisions of this paragraph without any expense to the State of New Hampshire. a Public Statutes, 1891, chap. 132, p. 365. SeEc. 3. [If any person shall kill, expose for sale, or have in possession any wood- cock, ruffed grouse, or partridge, after the 15th day of September, or during the months of October, November, and December of any year, or p!over during the 70 LAWS REGULATING TRANSPORTATION AND SALE OF GAME. months of August, September, October, November, December, and January of any year, except for consumption as food within the State, he shall be punished. | NEW JERSEY. Laws of 1900, chap. 111, p. 300. [Src.] 31. It shall be unlawful at all times to remove, or attempt to remove, from this State any ruffed grouse (frequently called partridge or pheasant), quail (frequently called partridge), hare (frequently called rabbit). English pheasant, woodcock or squirrel; provided, that this act shall not apply to common carriers carrying from beyond the confines of this State in unbroken packages to some other point beyond the confines of this State any such birds, game or fish; and any person, persons or corporation found guilty of the violation of this section, shall be punished by a fine of twenty dollars for each bird, game or fish so removed; or attemped to be removed; provided, further, that this act shall not apply to any such birds or game when killed upon any game preserve stocked by the owners thereof. Approved, March 23, 1900. NEW MEXICO. Compiled Laws 1897, p. 394. SEc. 1362. It shall be unlawful to sell or expose for sale, at any time, any of the game, birds or animals, the killing of which is prohibited or restricted by this act [deer, elk, antelope, mountain sheep, ibex, mountain goat, quail, partridge, grouse, prairie chicken, pheasant, wild turkey], or to sell the flesh, hide or any part thereof. It shall be unlawful to sell any speckled trout, or other food fish, caught in any of the public waters of the Territory: Provided, That it is not the intention of this act to prevent dealers and butchers from selling any game, birds or ——— killed outside the boundaries of this Territory. In any trial for the violation of the provisions of this act, the burden of proof shall be upon such dealers or butchers, to prove that such birds or animals were killed without the boundaries of this Territory. SEc. 1363. It shall be unlawful for any railway, express company, stage line, or public carrier, to transport outside the Territory, or receive for such transporta- tion. any of the game, birds or animals mentioned in this act, or the flesh or hides thereof, that may be offered for such transportation at any place in this Territory. Sec. 1364. Nothing in this act shall prevent professional taxidermists from kill- ing birds or animals for the purpose of preserving the same, nor any person from capturing or taking any of said birds or animals for the purpose of domesticating or preserving the same in parks or inclosures within this Territory: Provided, Such taxidermists or other persons must prove that such birds or animals have been preserved and used for such purpose. Birdsor animals so taken for such pur- poses may be shipped out of the Territory, only upon written permit from some duly appointed warden of this Territory. SEC. 1365. Any person or persons, or the officer, agent or employee, of any firm or corporation, who shall violate any of the provisions of this act, shall be deemed guilty of a misdemeanor and upon conviction thereof, before any justice of the peace, or other court of competent jurisdiction, shall be punished for each offense by fine in a sum not less than twenty-five dollars nor more than one hundred dol- lars, or by imprisonment in the county jail for not less than thirty. nor more than sixty days, or by both such fine and imprisonment, at the discretion of the court or justice trying the case. 5 ee wal 2A) > 2 a ee Bi A Daas) 4 . , es, Se ee Page 7 ee ee ee Oe + ee eee — os. hist NEW YORK—NORTH CAROLINA. 71 NEW YORK. Laws of 1900, chap. 20. ARTICLE I. QUADRUPEDS. SeEc. 8. Deer or venison killed in this State shall not be transported from or through any county, or possessed for that purpose, except as follows: One carcass or a part thereof may be transported from the county where killed when accom- panied by the owner. No person shall transport or accompany more than two deer in any year under this section. Possession of deer or venison by a common carrier, or by any person in its employ while engaged in the business of such com- mon carrier, unaccompanied by the owner shall constitute a violation of this sec- tion by such common carrier. This section does not apply to the head, feet or skin of deer if carried separately. Sec. 19. A person who violates any provision of this article is guilty of a mis- demeanor, and in addition thereto, is liable as follows: For each violation of sec- tions one to eleven, both inclusive, to a penalty of one hundred dollars, and for each deer, wild moose, elk, caribou, antelope or part of any such animal taken or possessed in violation of any provision of any of said sections, an additional penalty of one hundred dollars. * * * ARTICLE II. BIRDS. Src. 29, Woodcock, grouse and quail shall not be transported within this State or into the State from a point without the State less than twenty-five miles from the State line unless accompanied by the actual owner thereof, and no person shall transport or accompany more than thirty-six grouse or thirty-six woodcock in any calendar year, or more than twelve of either kind at one time. Possession thereof by a common carrier, or employee thereof, at the time actually engaged in the business of such common carrier, unaccompanied by the actual owner thereof, shall constitute a violation of this section by such employee and common carrier. Nocommon carrier or person in its employ shall transport such birds as owner. SeEc. 38. [Birds or game, except fish, taken in this State shall not be transported without the State; nor shall the same be taken or possessed with intent to trans- port the same without the State. Any person doing any act with reference tosuch birds or game in aid of such taking or transportation with knowledge of the inten- tion to so transport the same shall be deemed to have violated this section. | SEc. 39. A person who violates any provision of this article is guilty of a mis- demeanor, 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. NORTH CAROLINA. Code, 1883, II, chap. 21, p. 235. SEC. 2835. No person shall export or transport from the State any quail or par- tridges, whether dead or alive,and any person violating this section shail be guilty of a misdemeanor, and fined not exceeding fifty dollars or imprisonment not more than thirty days for each offense. (1876-77, c. 195; 1880, c. 57.) Public Laws of 1897, chap. 291, p. 468. SEC. 2 [as amended, 1899]. That it shall be unlawful for any person or persons to hunt, shoot, take or capture any wild fowl in the county of Currituck, between the 3st of March and the 10th day of November of each year, or to sell or to ship out of the State any wild fowl between said dates. 72 LAWS REGULATING TRANSPORTATION AND SALE OF GAME. NORTH DAKOTA. Revised Codes, 1895, chap. 72, p. 13863. [SEc.] 7683. Shipping out of State. Every person who within this State ships or receives for shipment beyond the limits of this State any of the game birds or animals mentioned in section 7677 [prairie chicken, pinnated grouse, sharp-tailed grouse, ruffed grouse. woodcock, plover, wild duck, wild goose, brant, buffalo, elk, deer, antelope, caribou, mountain sheep] * * * is guilty Of a misde- meanor, and upon conviction thereofis punishable by a fine of ten dollars for each game bird or fish so shipped or received and one hundred dollars for each animal so shipped or received. OHIO. Revised Statutes, 1897 (as amended by General Acts of 1898, Vol. XCIII, p. 108). Sec. 6964. * * * Whoever purchases, sells or exposes for sale, or has in his possession, any dove, except between the fourth day of July and the fifteenth day of December, inclusive; or any snipe, rail, killdeer or plover, except between the first day of September and the fifteenth day of May, inclusive; or any coot or mud hen, or wild duck, except between the first day of September and the fifteenth day of April, inclusive; or any Mongolian pheasant, English or ring-neck pheas- ant, before the tenth day of November, 1903, or after that date, except between the tenth day of November and the fifteenth day of December, inclusive; or any of the song or insectivorous birds mentioned in section 6960; or whoever shall at any time, catch or kill,any quail, wild turkey, ruffed grouse or pheasant, prairie chicken, woodcock, squirrel, Mongolian pheasant, or English or ring-neck pheas- ant, for the purpose of conveying the same beyond the limits of this State, or for sale in the markets of this State, or shall transport or have in possession with intent to procure the transportation beyond the limits of this State, or for sale in the markets of this State, any quail, wild turkey, ruffed grouse, or pheasant, prairie chicken, woodcock, squirrel, Mongolian pheasant, or English or ring- neck pheasant, killed within this State, shall be fined as provided in section 6968. And in addition thereto, shall be liable to a penalty of twenty-five dollars for each bird trapped or possessed contrary to the provisions of this act. The reception by any person within this State of any such birds, game or animals, for shipment to a point without the State, shall be prima facie evidence that such birds, game or animals were killed within this State for the purpose of conveying the same beyond its limits; Provided, that the provisions of this act shall not be construed as applicable to any common carrier into whose possession any of the birds, game or animals herein mentioned, shall come in the regular course of their business for transportation, while they are in transit through this State from any place without this State, where the killing of such birds, game or animals shall be lawful, but nothing in the provisions of this act shall prevent any one having in his possession wild deer during the time when the killing thereof is made penal. Any game warden or deputy game warden in this State shall have authority and right, at any time, to open packages, boxes, crates or other recepta- cles containing the birds, game or animals prohibited by this act from being transported without the limits of this State, delivered to a common carrier for transportation out of the State, and shall take and confiscate such birds, game or animals about to be transported out of the State and deliver them to some hos- pital, infirmary or charitable institution. Passed April 12, 1898. Sec. 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 Il i ee Se ee a Ts tet), of = oe —- — OHIO—OKLAHOMA. "3 hundred (100) dollars, and in case of neglect or refusal to pay said fine, be impris- oned 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, pp. 165-167. Sec. 38. Any person having lawfully taken any of the game mentioned in this Act, or any person lawfully having any of said game in his possession, may sell — the same to persons living in the Territory of Oklahoma, for consumption therein. Sec. 4. No person shall at any time have in possession or under control any birds, game or fish caught, taken or killed outside of this Territory, which was caught, taken or killed at a time, in a manner, or for a purpose forbidden by the laws of this Territory or the State, Territory or country where the same was caught, taken or killed. or which was shipped out of said State, Territory or country in violation of the laws thereof. Sec. 5. [Possession of birds or game at a time prohibited by the laws of this Territory shall be prima facie evidence that it was killed in this Territory. When- ever it shall appear that any birds or game. the killing of which is at any time prohibited by the laws of this Territory, was killed outside of this Territory, it shall be prima facie evidence that such bird or game was killed at a time, in a manner, and for a purpose prohibited by the laws of the Territory, State, or coun- try where killed, and was exported out of said Territory, State, or country in violation of the laws thereof. | SEC. 6. No person, company or corporation shall sell or attempt to sell, cr expose for sale, or have in possession or under control, for the purpose of selling or expos- ing for sale, any kind of bird, game or fish at any time, when the taking, catch- | ing or killing of such kind of birds, game or fish is prohibited by the laws of this Territory. Sec. 7. [ Violation of any of the provisions of sections 4, 5, and 6 of this act shall be deemed a misdemeanor, punishable by a fine of not less than ten, nor more than fifty dollars and costs of prosecution, and in default of payment thereof by imprisonment not exceeding sixty days. | SEc. 10. It shall be unlawful for any person,company or corporation within this Territory to export or carry to any other Territory, or State or country any _ game or the partsof any game mentioned in this Act, and any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars, and costs of suit, and shall be committed to the common jail of the county wherein the offense was committed until such fine and costs are paid. Sec. 11. It shall be unlawful for any railroad company, express company or other common carrier, their officers, agents, servants or any other person or per- sons to purchase or receive within this Territory any of the game mentioned in Section 1, of this Act, or any meat or parts of such game, for the purpose of trans- porting or carrying the same beyond the limits of this Territory or in any manner handling the same, or to transport or carry any of said game or meat or part thereof beyond the limits of this Territory. Except that the provisions of this section shall not apply to fine birds or animals captured and held for domestic or scientific purposes: And provided, That not more than one pair of such birds or animals may be shipped at any one time. And any agent, officer or servant of any railroad company, express company or other common carrier, or any other person or persons violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and on conviction, shall be fined in any sum not less than fifty doliars nor more than five hundred dollars, with cost of suit. And any 74 LAWS REGULATING TRANSPORTATION AND SALE OF GAME. railroad company, express company of [sic] other common carrier violating any of the provisions of this section shall forfeit and pay to the Territory of Oklahoma, for each violation thereof, the sum of two hundred dollars, together with all costs of suit, to be recovered in a civil action to be instituted in the name of the Terri- tory of Oklahoma by the county attorney of any county wherein said suit is brought, which sum of two hundred dollars shall be collected upon execution as in civil cases. Approved, March 10th, 1899. OREGON. General Laws of 1899, pp. 183-136. Sec. 27. * * * It shall be unlawful at any time to hunt, pursue, take, kill or have in possession any deer, moose or mountain sheep for the purpose of obtain- ing the skin, hide, horns, hams or other flesh of such animal for the purpose of sale, barter, exchange or trade. It shall be unlawful for any person or corpora- tion to buy or offer to buy, or transport or carry for purposes of trade, sale, barter, or exchange the skin, hide, horns, hams or other flesh of any deer, moose or mountain sheep. Sec. 6. It shall be unlawful within the State of Oregon at any time to take, kill, injure, destroy or have in possession, except for breeding purposes, or sell or offer for sale any English partridge or wild turkey between the thirty-first day of January, 1899, and the first day of February, 1904. Sec. 7. It shall be unlawful within the State of Oregon, to sell, exchange or offer for sale or exchange, for money or other valuable consideration, or to take or kill for sale, or to have in possession for sale or exchange, any grouse, pheasant, quail, bobwhite, Mongolian pheasant, silver pheasant, golden pheasant, copper pheasant or green Japanese pheasant *“ * * except for breeding purposes, for a period of three years after the passage of this act. Sec. 8. It shall be unlawful within the State of Oregon at any time for any person or servant, agent or employee or operative of any railroad, steamboat, express or other company or corporation to transport or carry out of the State, or have in possession for the purpose of shipment or carriage outside of the State of Oregon, any of the game birds named in the foregoing section, except for breeding purposes; provided, however. that it shall be lawful to ship live birds as hereto- fore enumerated in the foregoing section out of the State of Oregon for breeding purposes, upon written permit for the same having first been obtained from the game and forestry warden upon affidavit of the applicant that such game birds were bred and raised in confinement. : Sec. 10. It shall be unlawful within the State of Oregon at any time to destroy or remove from any nest of any. mallard duck, widgeon, wood duck, teal, spoon- bill gray, black, sprigtail or canvasback duck, Mongolian or other pheasant, prairie chicken or sage hen, grouse, quail or bobwhite, English or other partridge, wild turkey or any other wild fowl, any egg or eggs of such fowls, or have in possession, sell or offer for sale or exchange any such egg or eggs, or willfully destroy the nest of any such fowls. Sec. 11. [Proof of possession of animals or birds at a time when it is unlawful to take or kill the same shall be prima facie evidence of violation of any of the provisions of this act. | SEC. 14, It shall be unlawful within the State of Oregon at any time to take or kill for sale or exchange, to be transported or carried, or to transport or carry, out of the State of Oregon any wild duck, geese, swan or other wild fowl so taken or killed. * * * It shall be unlawful from and after the passage of this act for any person at any time to take, kill or have in his possession for the purpose of selling or offering for sale any snipe, commonly known as jacksnipe. a ees a ea ee oe ne a. ape OREGON—-RHODE ISLAND. 75 SEC. 15, 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 of not less than $15 nor more than $200, together with the costs of the prosecution of said action, or by imprisonment in the county jail of the county wherein such offense may have been committed not less than seven nor more than one hundred days, or both such fine and imprisonment; provided, however that any person or persons violating any of the provisions of section 1 of this act shall be punished by a fine of not less than $100 nor more than $500, together with the costs of such action, or by imprisonment, or both. Approved February 18, 1899. PENNSYLVANIA. Laws of 1897, No. 1038, pp. 125-126. Sec. 5. That it shall be unlawful at any period or season of the year to kill, entrap, or pursue with intent to kill or entrap, any elk, deer, fawn, wild turkey, pheasant. grouse, quail, partridge or woodcock in any part of this Commonwealth for the purpose of selling the same. And it shall be unlawful for the proprietor, manager, clerk or agent of any market or other person, firm or corporation, to purchase, sell or expose for sale any elk, deer, fawn, wild turkey, pheasant, grouse, quail, partridge or woodcock killed or entrapped within this Commonwealth. That it shall be unlawful for the proprietor, manager, clerk or agent of any market or any other person, firm or corporation to purchase for the purpose of again selling the same any elk, deer, fawn, wild turkey, pheasant, grouse, quail, partridge or woodcock killed or entrapped within this Commonwealth. Whoever shalt offend against any of the provisions of this section shali be liable to a penalty of one hundred dollars for every elk, deer, fawn, so taken, purchased or sold, and twenty-five dollars for every wild turkey, pheasant, grouse, quail, partridge or woodcock so taken, purchased or soid, or by imprisonment in the county jail for a period of one day for each dollar of penalty imposed. SECTION 6. No person or persons, company or corporation, or the agent or the employe thereof shall, at any time, catch, take or kill, or have in his or its pos- session or under his, her or its control, any of the birds or game mammals of this State, the killing of which at any or all times is prohibited by the laws of this State, 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; and it shall not be lawful for any person or persons, railroad company, express company stage driver or any company or corporation, or person or persons act- ing in the capacity of a common carrier, their officers or employes, to knowingly receive for transportation or transport or remove beyond the limits of the State any of the game birds or game mammals mentioned in this act; * * * Who- ever shall offend against any of the provisions of this section shall be liable to a penalty of not less than fifty dollars, nor more than one hundred dollars, for each and every offense, or by imprisonment in the county jail for a period of one day for each dollar of penaity imposed: Provided, That no penalty shall apply to tho transportation of such game birds and game mammals in transit through the State from other States. Approved June 4, 1897. RHODE ISLAND. Act of May 4, 1900. SEC. 1. Every person who shall take, kill, destroy, buy, sell, or offer fo. 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. ed 1 For close seasons see p. 25. 76 LAWS REGULATING TRANSPORTATION AND SALE OF GAME. Sec. 12. * * * Every person who shall take, kill, destroy, sell, buy, or offer for sale, or have in his possession any pheasant, before the first day of October nineteen hundred and five, shall for each offense be fined twenty dollars, provided that the word pheasant shall not be construed to apply to the birds .commonly called partridge or ruffed grouse. Sec. 13. Every person who shall carry or send beyond the line of this State, any wood-cock, quail, or ruffed grouse commonly called partridge, shall be fined twenty dollars for each of said birds. SOUTH CAROLINA. Laws of 1900, p. 450. Sec. 431. It shall not be lawful for any person, except upon his own lands, or upon the lands of another with the consent of the owner thereof, to net or trap a partridge, and it shall be unlawful for any person to sell, offer for sale, or ship or export for sale, any partridge or quail for the space of five years from the approval of this Act: Provided, That nothing in this Act shall prevent the importation for sale of any partridge or quail. Any person violating this ‘section shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not exceed- ing thirty dollars, or by imprisonment in the county jail for a term not exceeding thirty days. Approved February 9, 1900. SOUTH DAKOTA. ; Session Laws of 1899, chap. 90, pp. 112-118. [Sec.] 38. [Shipping or selling out of the State.] It shall be unlawful for any person, railroad company, express company, or other common carrier, or the serv- ants or agents of such common carrier, at any time to send, ship, carry or trans- port out of this State, or to have in his or their possession for that purpose any game mentioned in this Act [quail, prairie chicken or pinnated grouse, sharp-tailed grouse, ruffed grouse, plover, curlew, woodcock, wild duck, goose, brant, crane] and the possession of such game by any person, railroad company, express com- pany or other common carrier shall be deemed presumptive evidence of the viola- tion of the laws of this State enacted for the protection of game: Provided, noth- ing in this Act shall be construed to abridge or repeal any existing laws of this State prohibiting the sale of game within this State: Provided, nothing in this section shall prevent any person from taking game during the open season, and three days thereafter, out of the State when shippcd in open view, tagged and plainly labeled with the name of the owner thereof, and accompanied by him, to be used for food only, and not for commercial purposes, and in no instance shall any person be permitted to take out of the State, at any one time, a greater num- ber than twenty-five birds. Any person, corporation or company violating any of the provisions of this section, shall be punished by a fine of not less than ten dol- lars, nor more than fifty dollars for each offense. [Src.] 4. [Attempt to violate.] Any attempt to violate any provision of any section of this Act shall be deemed a violation of such provision. Approved, March 6, 1899. Session Laws of 1899, chap. 91, p. 118. [Sec.] 2. [Unlawful to sell.] It shall be unlawful for any person or persons to - sell or offer for sale within the State of South Dakota, at any time, any carcasses or parts of carcasses of any of the animals named in Section 1 of this Act. [Buffalo, elk, deer, antelope, or mountain sheep. | SOUTH DAKOTA—TEXAS. a4 [Szec.] 3. [Unlawful to transport.] It shall be unlawful for any railway com- _ pany,express company, or other common carrier, or the servants or agents of such ~ common carrier, at any time to send, ship, carry or transport out of this State any carcass or carcasses of any of such animals as named in Section 1 of this Act. [Src.] 4. [Violation—Penalty.] Any person or persons who shall violate any part of any of the three preceding sections shall, upon conviction thereof, be fined not less than twenty five dollars ($25) nor more than two hundred dollars ($200), or be imprisoned in the county jail not less than thirty (30) days nor more than six (6) months, or both such fine and imprisonment at the discretion of the court. Approved, March 4, 1899, TENNESSEE. Acts of 1897, chap. 55, pp. 195-196. Sec. 1. * * * Thatit shall be unlawful for any person to export quail, dead or alive, out of the State of Tennessee, for five years from and after the passage of this Act. Sec. 2. * * * That any person violating the first section of this Act shall be deemed guilty of a misdemeanor, and, upon conviction before any court having jurisdiction, shall be fined not less than five nor more than ten dollars for each quail so exported. Approved, March 24, 1897, TEXAS. General Laws of 1897, chap. 149, pp. 214-215. Sec. 1. * * * Thatall the wild deer, wild antelope, wild turkeys, wild ducks, wild geese and wild grouse, wild prairie chickens (pinnated grouse), wild Mon- go.ian or English pheasants, wild quail or partridges, wild plover, snipe, and jacksnipe, found within the borders of this State, shall be, and the same are hereby, declared to be the property of the public. Sec. 2. Whoever shall sell, or offer for sale, have in his possession for the pur- pose of sale, or whoever shall purchase or have in his possession after purchase, any wild deer or antelope killed in this State, or the carcass thereof, or the fresh hide thereof, or whoever shall sell or offer for sale, or have in his possession for the purpose of sale, or whoever shall purchase, or have in his possession after pur- chase, any of the game mentioned in section 1 of this act, killed or taken within this State, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not less than ten nor more than one hundred dollars; _ provided, that the sale and purchase of the game mentioned in section 1 of this _ act shall not be unlawful when said sale or purchase is made in the county where such game was killed or taken; provided, that nothing herein contained shall be construed to prohibit the sale or shipment of wild ducks and wild geese. Sec. 7. It shall be unlawful for any express company, railroad company, or other common carrier, or the officers, agents, servants, or employees of the same, to receive for the purpose of transportation, or to transport, carry, or take beyond the limits of this State, or within this State, any animal, bird, or waterfowl men- tioned in section 1 of this act; and it shall be unlawful for any person to transport, carry or take beyond the limits of this State any animal, bird, or fowl mentioned in section 1 of this act; and whoever shall violate the provisions hereof shall be _ deemed guilty of amisdemeanor, and upon conviction thereof shall be fined in any sum not less than twenty-five nor more than two hundred dollars; provided, that _ each shipment shall constitute a separate offense, and that such express company, _ railroad company, or other common carrier, or their agents, servants, or employees, shall have the privilege of examining any suspected package for the purpose of _ determining whether such package contains any of the articles mentioned in sec- _ tion 1 of this act; but this act shall not apply to the shipment or transportation of ie te Oe ee eh le ee oS af a - = = "= % _— - —a_——- 7 lt A Mie ee SS Ee Pe 783 LAWS REGULATING TRANSPORTATION AND SALE OF GAME. live Mongolian or English pheasants shipped for scientific or breeding purposes; provided, that nothing herein contained shall be construed to prohibit the sale or shipment of wild ducks and wild geese. Suc. 8. Possession at any season of the year during which the game birds and wild fowls of this State are protected by the laws hereof, shall be prima facie evi- dence of the guilt of the person in possession thereof. Approved May 27, 1897. UTAH. Laws of 1899, chap. 26, p. 43. Src. 25. Unlawful Possession of Fish or Game. Any person who shall have in his possession any game, fish or birds taken unlawfully is guilty of a misdemeanor. All fish or game taken unlawfully or offered for sale when so taken shall be seized by the State or county fish and game warden and disposed of to the best interest of the county treasury of the county in which said seizure may be made. The possession of any animal, fish or bird, or of the remains or any part of the remains thereof, within the times or period within which the taking or killing of the same is prohibited, shall be prima facie evidence of such unlawful taking or killing; x. sr, Sv a my ry Sec. 26. Pheasant, Quail, etc. * * * Itshall be unlawful to ship or transport any quail out of the above-named counties [Kane and Washington] at any time except for the purpose of propagation, under the Sevag oes of the State and county fish and ea wardens. Sec, 27. [Violation of any of the provisions of this act relating to game, a mis- es punishable by a fine of not less than $10. ] SEC. 29. Shipping Game or Fish out of the State. It shall be unlawful for any person or persons at any time to ship or cause to be shipped, carried or transported. out of the State any of the animals, [or] birds [deer, elk, mountain sheep, buffalo or bison, antelope, quail, partridge, pheasant, prairie chicken, sage hen or grouse, mourning dove, snipe, duck, goose, brant, swan, English, Chinese, or Mongolian pheasant, pinnated grouse, introduced game animals or birds] * * * or any - part thereof mentioned in this act * * * Approved March 9, 1899. VERMONT. Vermont Statutes, 1894, p. 828. SEC. 4613. If a person at any time takes, kills, purchases, receives or causes to | be taken, killed or received, a woodcock or ruffed grouse, commonly called par- tridge, for the purpose of shipping or in any manner disposing of the same to per- sons outside of this State for traffic or gain, he shall be fined ten dollars, * * * Acts of 1896, No. 94, pp. '74-75. SEC. 4. Deer killed or taken in Vermont shall not be transported by any person or corporation, except that the carcass, or parts thereof, of one deer, lawfully killed in the State may be transported in the open season and for ten days there- after when open to view, tagged and plainly labeled with the name of the owner thereof and accompanied by him; and the possession of deer or a part thereof by a common carrier or servant of a common carrier, unaccompanied by the owner, or not tagged and plainly labeled with his name, shall be a violation of the pro- visions of this section by such common carrier and servant. But this section shall not apply to the head, feet or pelt of deer severed from the body. SEC, 5. A person or corporation violating any of the provisions of this Act shall be fined one hundred dollars for each offense, one-half of the same to go to the complainant, the other half to the State. Approved November 24, 1896. o. « “aa. < aor’ Ss. — as whee eae vet he NN 9 eo ek oe ted ie ees El le fe Me ey i a VERMONT—W ASHINGTON. . 79 Acts of 1896, No. 96, p. 76. Sec. 1. Noperson or corporation shall kill, expose for sale, or have in possession _ at any time any game bird for which there is a close season in this State [quail, ruffed grouse or partridge, introduced pheasant, English partridge, plover, wood- cock, English snipe, duck, goose] except for consumption as food within the 7 State. But this shall not prevent a person residing out of the State from taking _ game birds in open season and three days thereafter out of the State when shipped open to view, tagged and plainly labeled with the name of the owner thereof and accompanied by him. Any person orecorporaticn violating any of the provisions of this section, or any person who, not being the actual owner of such game birds, to aid another in such transyvortation falsely represents himself to be the owner thereof, shall be fined fifty dollars for each offense; and the delivery to or recep- tion by any person or corporation within this State of any such game birds for shipment to a point without the State shall be prima facie evidence that the same were killed and are possessed within the State for a purpose other than that of being consumed as food within the State. Approved, November 24, 1896. VIRGINIA. [No general prohibitions against transportation or sale. | WASHINGTON. Session Laws of 1897, Chap. LII, pp. 84-86. Src. 12 (as amended by Laws of 1899, Chap. CXXXVIII). Every person who shall offer for sale or market, or sell or barter any moose, elk, caribou, killed in this State, antelope, mountain sheep or goat, deer, or the hide or skin of any moose, elk, deer or caribou, or any grouse, pheasant, ptarmigan, partridge, sage hen, prairie chicken or quail at any time of the year, shal be guilty of a misde- meanor, and upon conviction thereof shall be punished as hereinafter provided. SEC. 13 (as amended by Laws of 1899, Chap. CX XXVIII). Every person, agent or employe of a company or corporation, hotel-keeper, restaurant keeper, boarding house keeper, or keeper of a market, or other person who shall buy or barter for, bou, antelope, mountain sheep or goat, deer, or the hide or skin of eny moose, - elk, deer or caribou, or any grouse, pheasant, ptarmigan, partridge, sage hen, prairie chicken or quail, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as hereinafter provided. Sec. 14. Every person, agent or employe of a company or corporation who shall _ at any time transport or ship out of the State, or keep stored for the purpose of _ transporting or shipping out of the State, any of the wild game birds or animals enumerated in the preceding sections, or any of the wild game birds or animals of ‘this State, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as hereinafter provided. SEC. 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; and _ upon the trial of any person, agent or employe of a company or corporation, __ proof of the possession of the wild animals, birds, or song birds, when it is unlaw- _ ful to take, kill or have same, shall be prima facie evidence that the said wild _ game animal, game bird, or song bird, was unlawfully taken or killed by the per- son having possession of same. Approved, March 11, 1897. 9368—No. 14—00——_7 at any time of the year, the whole or any part of the meat of any moose, elk, cari- 80 LAWS REGULATING TRANSPORTATION AND SALE OF GAME. WEST VIRGINIA. Acts of 1899, chap. 22, p. 89. Co. 05 i NG tees No person, firm or corporation shall at any time kill or have in possession any deer, wild turkey, quail, pheasant or ruffed grouse, or any part of the same, with the intention of sending or transporting the same or having the same sent or transported beyond the limits of this State. Any person violating this section shall be guilty of a misdemeanor, and upon i conviction thereof shall be fined not less than twenty dollars nor more than fifty doliars, and may, at the discretion of the court or justice trying the case, be con- fined in jail not more than ten days. * * * the reception by any person within this State of any deer, wild turkey, quail, pheasant, or ruffed grouse for shipment to a point without the State shall be prima facie evidence that the said deer, wild turkey, pheasant, or ruffed grouse, were killed within this State for the purpose of carrying the same beyond its limits. Approved February 22, 1899. WISCONSIN. Wisconsin Statutes, 1898, Vol. I, chap. 62, pp. 1113-1114. Src. 1498 m. Any person or corporation, or any agent or servant of the latter, who shail, for compensation or otherwise, * * * transport any of the animals, fowl or birds for which a close season is prescribed by law, during such season, or ship, carry or transport, offer or receive for shipment or transportation to any place beyond this state any feathered game protected by these statutes except live birds and also fifty birds or fowl of any variety when the same are accompanied by and in the possession of the owner thereof * * * or ship, transport or carry out of this State to sell or offer for sale any duck of any variety or any snipe or plover between the first day of December and the next succeeding first day of September, shall forfeit not less than twenty-five dollars nor more than one hun- dred dollars for each such violation, to be recovered in a civil action brought in the name of the State by the State fish and game warden or one of his deputies, The possession of any such animals, fowl or birds during the close season therefor, for shipment or in transit, shall be prima facie evidence of the violation of this _ section. * * Jt shall be the duty of every person whenever any animal, fish or game of any of the kinds the taking, catching or killing of which is prohibited by law at any or all times (except during the periods in which the same may be ~ lawfully taken, caught or killed) is offered to him for transportation out of this state to at once notify and give full particulars concerning such offer and by whom made to the State fish and game warden or one of his deputies. All sections of these statutes relating to having in possession or under control or the sale, ship- ment or transportation of any animal, fish, water-fowl or bird, shall be construed to include any and all parts of the flesh and meat thereof. Laws of 1899, chap. 311, p. 561. SEc. 13. Section 4566, Wisconsin statutes of 1898, is hereby amended to read as follows: Section 4566. Any person who shall sell, or offer for sale, or purchase, or have in possession any fish, game, birds, fowls or animals, except whitefish and lake trout, protected by the laws of this State at any time during the close season prescribed therefor. respectively. shall be punished by a fine of not less than twenty- five dollars nor more than one hundred dollars, or by imprisonment in the county jail not less than thirty nor more than ninety days. Sec. 14. It shall be unlawful and is prohibited to buy, sell or transport any carcass or part of a carcass of a deer, buck, doe or fawn, until the sixth day of WISCONSIN. November in each year, and it shall be lawful and is permitted to buy, sell or trans- port the carcasses of deer under the conditions provided by law relative to the transportation of the same, up to and including the twenty-fifth day of November succeeding the end of the open season. Any person who shall buy, sell or trans- port before the sixth day of November in each year, any carcass or part of a carcass of a deer, buck, doe or fawn, or attempt to do the same, shall be punished by a fine of not less than ten nor more than fifty dollars, and by imprisonment until the fine is paid, not more than thirty days. Approved May 2, 1899. Laws of 1899, chap. 312, pp. 565-577. [Sec. 11 (amending section 1498q, Wisconsin statutes of 1898). Each license for hunting game shall state for what year the same is granted, and shall be valid for no other period than that which the law shall designate to be the open season for the game permitted to be hunted, taken, or killed by the terms of such license, subject to the proviso that all kinds of game can be hunted by a person holding a license for the hunting of deer. Each license for the hunting of deer issued to a nonresident of the State shall be provided with two coupons. Each coupon shall be divided into three sections, lettered ‘‘A,” ‘*B,” and ‘‘C,” respec- tively. The holder of a nonresident license shall be entitled to have transported within or without the State one carcass of a deer or part of a carcass of a deer on each of the two coupons attached to his license. The agent receiving the carcass for transportation shall detach section ‘‘A” of the coupon and forward said section to the State fish and game warden. Sections ‘‘B” and ‘‘C” are to be attached to the carcass of deer received for transportation, and all three sections of the coupon must be canceled by said receiving agent, with the date of reception for shipment and his initia!s written or stamped plainly thereon. While in transit. within the State sections ‘‘B” and ‘‘C” of the coupon must be on the carcass, or said carcass shall be subject to seizure as contraband game. If the place of delivery is within the State of Wisconsin, the delivering agent shall, before delivery to consignee, detach section ‘‘C”’ and forward said section to the State fish and game warden, leaving section ‘‘B” attached to the carcass. Agents or employes of transporta- tion companies must transmit sections of coupons within two days of the date of shipment or delivery, respectively. If the carcass of a deer be consigned to a point without the State of Wisconsin, the agent, servant, or employe of the trans- portation company in charge of said carcass while in transit within the State, shall detach section ‘‘C” of the coupon and deliver the same to the agent of the transportation company at the last station or place in the State where the train or other conveyance of said company shall stop. And it shall be the duty of said agent to whom said section of the coupon is delivered to immediately forward the | same to the State fish and game warden, after writing or stamping thereon the name of the station or place and date of receipt thereat of said section of said coupon. Any agent, servant, or employe of any transportation company, or com- mon carrier, who shall receive for shipment or transport any carcass of deer with- out having the coupons, or sections of coupons, attached thereto, or who shail refuse or neglect to detach the sections of the coupons as herein provided. or shall fail to transmit them to the State fish and game warden as herein provided, shall be punished by a fine of twenty-five to one hundred dollars, or by imprisonment of thirty days to ninety days, or by both such fine and imprisonment. No trans- portation company, or common carrier, shall receive for transportation or trans- port any carcass of deer unless the same shall be received, carried, and delivered pursuant to the provisions of this section relative to coupons, and shall only be received, carried, or delivered during the open season for transportation of carcasses of deer. | 82 LAWS REGULATING TRANSPORTATION AND SALE OF GAME. SEec 13. Section 1498s, Wisconsin statutes of 1898, is hereby amended so as to read as follows: Section 1498s. Every person who has resided in this State for one year previous to applying for a license to hunt game and who desires to hunt the same must first obtain a license from the county clerk of the county in which he resides, * * * The license so issued to any resident of this State shall have attached two coupons for the shipment of deer. Each coupon shall be divided into two sections lettered ‘‘A” and ‘‘B” respectively. The holder of a resident coupon license shall be entitled to offer for transportation or have transported within the State by a com- mon carrier of this State one carcass of a deer or part of carcass of deer on each of the two coupons attached to his license. The agent receiving the carcass or part of carcass for transportation shall detach section ‘‘A” of the coupon on which the same is to be transported and forward said section to the State fish and game warden. Section ‘‘B” is to be attached to the carcass or part of carcass of deer received for transportation and the two sections of the coupon must be canceled by the said receiving agent, with the date of reception for shipment and his initials written or stamped planly [sic] thereon. While in transit, section ‘‘ B” of the coupon must be on the said carcass or part of carcass of deer or the said carcass or part of carcass of deer shall be subject to seizure as contraband game. The receiv- ing agent or employe of transportation companies or common carriers are required to transmit to the State fish and game warden section ‘‘A” of the coupon as herein required, must so transmit the same within two days of the date of shipment. Any agent, servant or employe of any transportation company or common car- rier who shall receive for shipment or transport any carcass of deer or part of car- cass of deer without having the coupon attached thereto as herein provided, or who shall refuse or neglect to detach section ‘‘A”’ of the coupon as herein provided, or who shall fail to transmit or forward to the State fish and game warden as herein provided the section by him detached, shall be punished by a fine of not less ~ than twenty-five dollars nor more than one hundred dollars or by imprisonment in the county jail nct less than thirty days nor more than three months, or by both such fine and imprisonment, in the discretion of the court. No transportation company or common carrier shall receive for transportation, or transport or attempt to transport any carcass of deer or part of a carcass of deer unless the same shall be received for transportation, carried and delivered pursuant to the provisions of this section relative to the coupons and parts of coupons, and shall only be received for shipment, carried or delivered during the season or time which the laws of the State shall fix as the open season for the transportation of carcasses of deer or parts of carcasses of deer. Sec. 17. It is unlawful and is prohibited for any person holding a non-resi- _ dent license as herein described to take out of the State more than fifty birds, fowls or animals, pretected by the laws of this State, in any one year. Provided, that this section shall be construed to mean that when fifty birds, fowls or ani- mals of any kind or variety have been taken from the State by holder of a non- resident license further right to take any kind of birds, fowls or animals by the holder of the said license shall cease. No transportation company or common carrier shall receive for transportation or shipment out of the State any birds, fowls or animals protected by the laws of the State, except when the same shall be in the personal possession of, or carried as baggage or express by the owner thereof, and such owner shall have in his possession at the time of such taking out of the State a non-resident license duly issued to him under the provision of law, and shall accompany the said birds, fowls or animals on the same train or other conveyance of the common carrier beyond the borders of the State. Any person who shall violate any of the provisions of this section shall be punished by a fine of not less than fifty nor more than two hundred dollars, or by imprison- | ment in the county jail not less than sixty days nor more than six months, or by _ both such fine and imprisonment in the discretion of the court. ‘q WISCONSIN. 83 Src. 18. It is unlawful and is prohibited for any person a resident of this State tu ship within or without this State any birds, fowls or animals, protected by the laws of this State, except when the same shall bein the personal possession of or carried as baggage or express by the owner thereof, and such owner shall have in his possession a resident license duly issued to him under the provision of law, and shall accompany the said birds, fowls or animals on the same train or other a conveyance. Any person who shall violate any of the provisions of this section shall be punished by a fine of not less than fifty dollars nor more than two hun- dred dollars, or by imprisonment in the county jail not less than sixty days nor more than six months or by both such fine and imprisonment in the discretion of the court. Sec. 19. It is hereby required that any and all packages containing fish or game shall be labeled in plain letters on the address side of the package, so as to disclose the fact that said package contains fish or game, and the nature of the said fish or game so contained in said package. Any person who shall deliver to ~ a common carrier for transportation any package or parcel containing fish or game, which said package or parcel shall not be so labeled as herein required, or who shall place upon said package or parcel a false statement as to the contents thereof, shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment in the county jail not less than thirty days, nor more than ninety days, or by both fine and imprisonment. Src. 20. Every person delivering to a common carrier a package or parcel con- taining fish or game, shall place upon said package the name and address of the owner or consignor of said package or parcel. Any person violating the pro- visions of this section shall upon conviction thereof, be punished by a fine ee not less than ten dollars nor more than fifty dollars. Sec. 21. It shall be unlawful,and is hereby prohibited, for any common carrier or agent, servant or employee of a common carrier, to receive for transportation or transport any package or parcel containing fish or game, unless the same shall be labeled as provided in sections 19 and 20 of this act. Any person, firm, or cor- poration violating the provisions of this section shall be required to forfeit to the State of Wisconsin a sum not less than twenty-five dollars nor more than one hundred dollars, in the discretion of the court. SEC. 22. It shall be within the power of every officer charged with the enforce- ment of laws protecting fish and game to examine and open any package in the possession of a transportation company, which said package he shall suspect or have reason to believe contains contraband fish or game. It is hereby made the duty of every common carrier, agent, servant or employe thereof, to permit any officer charged with the enforcement of laws for the protection of fish and game to examine and open any package or parcel in the possession of said common carrier, or agent, servant or employe thereof, which the said officer so charged with the enforcement of said laws shall suspect or have reason to believe contains fish or game protected by the laws of the State, and not entitled under such law to be transported, or when the said officer shall suspect or have reason to believe that the said package or parcel is falsely labeled. Any person, firm or corporation refusing to an officer charged with the enforcement of the fish and game laws permission to examine or open any such package or parcel or shall in any manner hinder or impede such action by the said officer, shall forfeit to the State of Wis- consin a sum not less than fifty dollars nor more than one hundred and fifty dollars, in the discretion of the court. ; | «Sec. 23. It shall be unlawful and is hereby prohibited for any person, firm or | corporation acting as common carrier to bring into this State any fish or game _ from any State during the time that such other State prohibits the transportation of such fish or gam® from said State to a point without the same. Any person, firm or corporation violating the provisions of this section shall be required to 84 LAWS REGULATING TRANSPORTATION AND SALE OF GAME. forfeit to the State the sum of not less than twenty-five dollars nor more than one hundred dollars in the discretion of the court. SEc. 26. Section 4560. Wisconsin statutes of 1898 is hereby amended to read as follows: The ownership of and the title to all fish and game in the state of Wiscon- sin is hereby declared to be in the state, and no fish or game shall be caught, taken or killed in any manner at any time, or had in possession except the person so catching, taking, killing or having in possession shall consent that the title to said fish and game shall be and remain in the state of Wisconsin for the purpose of regulating and controiling the use and disposition of the same after such catching, taking or killing. The catching, taking, killing or having in possession of fish or game at any time, or in any manner, or by any person, shall be deemed a consent of said person that the title of the state shall be and remain in the state for said purpose of regulating the use and disposition of the same, and said possession shall be consent to such title in the state whether said fish or game were taken within or without this state. Sec. 28. It shall be unlawful and is prohibited for any person, firm or cor- poration or common carrier to ship into, or through this State from any other State any fish or game prohibited by the laws of said State to be shipped or trans- ported and it shall be the duty of the State fish and game warden of this State or his deputy, to seize, hold, and dispose of, according to the laws of this State, any fish or game brought into or shipped into this State, or carried through, or attempted to be carried through this State, prohibited to be so shipped or transported by the laws of any other State, and further to dispose of the same according to the laws of this State. Any person, firm or corporation violating the provisions of this act shall be required, upon due proof thereof, to forfeit a sum not less than twenty- five dollars nor more than one hundred dollars, in the discretion of the court. Approved May 2, 1899. WYOMING. Revised Statutes, 1899, pp. 602-604. Sec. 2112. Every person who may wish to transport beyond the limits of this State any carcasses, heads, antlers, scalps or skins of any animals killed in accord- ance with the provisions of this chapter, shall first procure from a justice of the peace of this State a certificate stating that said carcasses, heads, antlers, scalps or skins were taken from animals which were killed in season and according to law. * * * [Penalty, $25-$100, or imprisonment 10-90 days, or both. ] Sec. 2117. It shall be unlawful at any time to capture, or pursue for the purpose of capturing, any of the wild animals mentioned in section 2107 [deer, elk, moose, antelope, mountain sheep, mountain goat], of whatever age, for the purpose of selling or disposing of the same, or for shipping the same out of the State; Pro- vided, It shall be lawful to sell any colon or quail for the purpose of breeding, or to take the same alive, for preservation through the winter. it shall also be law- _ ful for any person to take alive on his own premises, at any time and in any man- ner. any of the animals hereinbefore mentioned for the sole purpose of domesticat- ing, or for scientific or breeding purposes. Any person violating any of the provisions of this section shall be punished by a fine of not less than one hundred dollars for each wild animal so captured or shipped. SEc. 2119. It shall be unlawful for any person to kill, chase, pursue or catch © any buffalo of any age at any season of the year in the State of Wyoming, or to drive or in any manner remove or transport any buffalo out of the State of Wyo- ming. Any person or persons who shall violate the provisions of this section shall be guilty of a felony, and upon conviction thereof shall be punished by imprison- ment in the State penitentiary for not less than three nor more than ten years; Provided, That this section shall not apply to tame or domesticated buffalo. 7 } : 3 WYOMING. 85 Sec. 2120. It shall be unlawful for any person or persons to purchase, or obtain by barter any green, tanned or untanned hide or hides or horns of any animals mentioned in section two thousand one hundred and seven. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shali be fined in any sum not less than twenty, nor more than one hundred dollars, or imprisoned in the county jail for a period of thirty days, or by both. Sec. 2121. It shall be unlawful for any railway, express company, stage line or other public carrier, or any of their agents or employees, or other person or persons, to receive or have in their possession for transportation any carcass, or part of carcass, hides, tanned or untanned, or horns of any of the animals men- tioned in this chapter, except as otherwise provided by law. Except that nothing in this chapter shall prevent shipping or transporting in any manner mounted heads or stuffed birds or animals to any point in or out of the State; Provided, that such birds or animals were not killed in violation of this chapter, or that heads or horns were not taken from animals killed in violation of this chapter. Any person or persons or corporation knowingly transporting game or fish for market within or out of the State, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in the sum of not less than one hundred dollars nor more than five hundred dollars for each consignment from one con- signor to one consignee; Provided, That none of the provisions of this section shall apply to game or fish in transit into or through this State from other States and Territories. Approved February 15, 1899. INDEX. _ Act, Curtis, 57. : Lacey, 47. _ Alabama, close seasons, 18. law, 48-49. Antelope, special protection, 14. Arizona, close seasons, 18. law, 49. Arkansas, close seasons, 18. law, 49-50. Big game, 13-15. depletion, 12, 13-14. North American, 12. number permitted to be killed, 15. open seasons, 15. restrictions in killing, 14. in shipping, 36. special protection, 14. Birds not properly game, 11. Bison, special protection, 14. British Columbia, close seasons, 28. Buffalo (see bison). _ California, close seasons, 18. law, 50-51. Canada, close seasons, 28-29. Capture of game, manner, time, and object, 46. Caribou, special protection, 14. Chickasaw Nation law, 57. Close seasons, on certain days, 17. table, 18-29. Colorado, close seasons, 18. : law, 51-52. _ Common carriers, receipt of game for ship- ment, 36. rights regarding suspected packages, 3u. Connecticut, close seasons, 18. law, 53. Curtis Act, 57. _ Days, special close seasons, 17. | Decisions, State courts, 45. Supreme Court, 18, 45-46. Deer, diversity in seasons, 30. seasons, 31-32. special protection, 14. Deer hides, restrictions on selling, 41. _ Definitions of game, 11. Delaware, close seasons, 18. law, 53-54. 2 _ Depletion of big game, 12, 13-14. Development of game legislation, 12-13. _ Diminution of game, 12. District of Columbia, close seasons, 18. law, 54. _ Diversity in game seasons, 30-33. Doves not properly game, 11-12. 9368—No. 14—00—_8 Ducks, diversity in seasons, 31. seasons, 31-382. Elk, special protection, 14. Evidence, prima facie, 36, 46. Export of certain game prohibited, 36-39. Export laws, constitutionality, 13. Federal law, 47. Flickers not game, 12. Florida, close seasons, 18. law, 54. Game birds not properly so regarded, 11-12. - definitions, 11. diminution, 12. diversity in seasons, 30-33. exceptions in favor of sportsmen carrying, 36. export prohibited, 36-39. exceptions to nonexport laws in favor of propagation, 40. for propagation, transportation, 39-40. mammais not properly so regarded, I1. manner, time, and object of capture, 46. market hunting, 40-42. marking packages, 35-36. North American, 11-12. qualification of property. 46. rights of carriers respecting suspected packages, 36. sale, 40-42. shipment, 35-39. special protection, 14-16. State ownership, 13, 45-46. Game bags, limits, 34-35. Game birds, restrictions on shipping, 36-39. special protection, 15-16. Geer v. Connecticut, 13, 46. Georgia, close seasons, 18. law, 54. Hallock Code, 33. Hides of deer, restrictions on sale, 41. Hunting for market, 40-42. Idaho, close seasons, 18. law, 54-55. Illinois, close seasons, 18-19. law, 55-56. Indian Territory law, 57. Indiana, close seasons, 19. law, 56-87. Introduced game. special protection, 15, 16. Iowa, close seasons, 19. law, 58. Kansas, close seasons, 19. law, 58-59. Lacey Act, 47. Ld ( 88 INDEX. » Laws, early, 13. Massachusetts, close seasons, 21. export, constitutionality, 13. law, 62-638. Laws, State, 48-85. Meadow larks not game, 12. Alabama. 48-49. Michigan, close seasons, 22. Arizona, 49. law, 63-64. Arkansas, 49-50. Minnesota, close seasons, 22. California, 50-51. law, 64-67. Chickasaw Nation, 57. Mississippi, close seasons, 22. Colorado, 51-52. law, 68. Connecticut, 53. - Missouri, close seasons, 22. Delaware, 53-54. law, 68, District of Columbia, 54. Montana, close seasons, 22. ‘ Florida, 54. law, 68. Georgia, 54. Moose, special protection, 14. Idaho, 54-55. Mountai goa special rotection, 14. Tllinois, 55-56. Mountain sheep, special protection, 14. Indian Territory, 57. Nebraska, close seasons, 22. Indiana, 56-57. law, 68. Iowa, 58. Nevada, close seasons, 22. Kansas, 58-59. _ law, 68-69. ; Louisiana, 59. New Brunswick, close seasons, 29. Maine, 59-61. Newfoundland, close seasons. 29. Maryland, 61-62. New Hampshire, close seasons, 22. Massachusetts, 62-63. law, 69-70. : Michigan, 63-64. New Jersey, close seasons, 22-28. Minnesota, 64-67. law, 70. - Mississippi, 68. New Mexico, close seasons, 23. Missouri, 68. law, 70. Montana, 68. New York, close seasons, 23. Nebraska, 68. early law, 13. Nevada, 68-69. law, 71. New Hampshire, 69-70. Nonexport provisions, 37-39. New Jersey, 70. exceptions in favor of propagation, 40. New Mexico, 70. Nonresident licenses, 42-43. New York, 71. North Carolina, close seasons, 23-24. North Carolina, 71. law, 71. North Dakota, 72. North Dakota, close seasons, 24. Ohio, 72-73. law, 72. Oklahoma, 73-74. Northwest Territories, close seasons, 29. Oregon, 74-75, Nova Scotia, close seasons, 29. Pennsylvania, 75. Ohio, close seasons, 24. Rhode Island, 75-76. law, 72-73. South Carolina, 76. Oklahoma, close seasons, 25. South Dakota, 76-77. law, 73-74. Tennessee, 77. Ontario, close seasons, 29. Texas, 77-78. Open seasons for big game, 15 Utah, 78. Oregon, close seasons, 25. Vermont, 78-79. law, 74-75. Virginia, 79. Pennsylvania, close seasons, 25. Washington, 79. law, 75. West: Virginia, 80. Pheasants, special protection, 15-16. Wisconsin, 80-84. i Prima facie evidence, 36, 46. Wyoming, 84-85. Prohibition of export of game, 36-39. Licenses,for export of game for propagation, 43. | Propagation, exceptions in favor of game, 40. for hunting or shipping game, 42-44. transportation of game, 39-40. Limits of game bags, 34-35. Property in game qualified, 46. Louisiana, close seasons, 19. Quail, diversity in seasons, 30. law, 59. seasons, 31-82. Maine, close seasons, 19, Quebec, close seasons, 29. law, 59-61. Resident licenses, 42-48. Mammals not properly game, 11. Rhode Island, close seasons, 25. ~ Manitoba, close seasons, 28. law, 75-76. Market hunting, 40-42. Robins not game, 12. Marking packages of game, 35-36. Sale of game, 40-42. penalty for false, 36. Seasons for— Maryland, close seasons, 19-21. big game, 15. law, 61-62. . deer, 31-32. st Sk die oa ig ie a — te he Be easier Ree ee EK oe ( 89 ns for— Texas, close seasons, 27. ducks, 31-32 law, 77-78. quail, 31-82. Transportation companies, receipt of game for odcock, 31-32 shipment, 36. ons, close, 18-29. rights respecting suspected packages, 36. diversity, 16,30-33. Transportation of game for propagation, 39-40. ipment of game, 35-39. Unorganized Territories (Canada), close sea- evasion of law, 35-36. sons, 29. marking packages, 39. Upland game, 12. e birds, 12. Utah, "close seasons, 27. ack of protection, 30-31. law, 78. ith Carolina. close seasons, 25. Vermont, close seasons, 27. law, 76. law, 78-79. uth Dakota, close seasons, 25. Virginia, close seasons, 27-28. law, 76-77. early law, 13. "State laws, transportation and sale of game, law, 79. 4 48-85. Washington, close seasons, 28. S State ownership of game, 45-46. law, 79. Sunday laws, 17. West Virginia, close seasons, 28. ° Tables— law, 80. close seasons, 18-29. Wisconsin, close seasons, 28. export of game prohibited, 37-39. law, 80-84. ____ licenses for hunting or shipping game, 43-44. limits of game bags, 34-35. market hunting and sale of game, 41-42. open seasons for big game, 15. Beretncssce, close seasons, 25-27. law, 77. - Woodcock, diversity in seasons, 30-31. seasons, 31-382. Wyoming, close seasons, 28. law, 84-85. RMN ists) cuielellia\ = (eee aks stele sce PINOLE iCSUPE CiUeiCONiICS wate als) ancl eile Be KS Berea ier a eer Tae Mem LOB ANS. .°4 Piers aapsis 0. ta Ah Me WS LOOS), « . « Gaal 5S (OS UUes Ciel a een Die ma ae si OS a GEER 2) Sree eee earn Omehbeet yeas see sce cestode > E60 epee ae eee winner INGw BEUnswitkes cole o de. ose! io 8ESas ee Re oe en ae Nova Scotia... 222.5... Paes ie | Wale: ss ois | Jigar era Newtoundland. 9.0.2... RD. MARSH HEN. an, 2-Aug. 25. |---|| Massachusetts ..... ..| May 1-July 15..... Wee. i-Sept.1..|---|| New York......... qo Niaiy I= Septy b™ 2.2: eb. 1-Sept.1..|---]| New Jersey ...... solo |) [atl 2A 25... Oy Sept, ipo -- || Vins imiag ys ee.) Jume*zo—Jam 1 2...- eb. 1-Aug. 20 .|---]]----++-- Rial GA ak er aaa PSR TN atk “auiMlls carte aie) eet aeake ies, in which t] grouse, prairie chicken, Jan. 1-Sept. 1; ii, sipensiiiiininns ee ee Ree Eee ae eer: a eR er ee ne ae ae me ee ee ee ee eT — ears pe paint oss cae ere Arete CLOSE SEASONS FOR GAME IN THE UNITED STATES AND CANADA IN 1900. The following table shows tho close seasons for all game in the United Btates and Canada, with the exception of a few unimportant species. Close seasons include the first date, but not the last, so that open seasons may be found by reading the dates backward. ‘The term rabbit includes ‘hare’ of the Canadian laws; quail, the bird known as ‘partridge’ in the South; grouse, all members of the family except prairie chickens, ptarmigan, and sage hens, including Canada grouse, sharp-tailed grouse, and ruffed grouse (known as ‘partridge’ in the North and ‘pheasant’ in the South). Introduced pheasant is restricted to the Old World pheasants: and goose includes ‘brant.’ States are arranged geographically and eens to the Hallock Code, as explained on p. 38. The general State Jaws have been followed in Maryland, North Carolina, and Virginia; for special county regulations in these States, in Tonnessee, and elsewhere, see pp, 18-29, ; (Compited chiefly from Ganie Laws in Brief and corrected to December 1, 1900.) MAMMALS. BIRDS, | |) ax % IRKEY. 7 TRODUCED y . : ; Winp TURKEY, Dove. PHekSAnre PLOVER. SNIPE, Woopcock. Ra, Duck, Goose, SWAN, STATE. Deer, ELE. | Moose. CaRinov. | ANTELL Ss | MOUNTAIN SHEEP. SQUIRREL.” Rausir. Quart. GROUSE. PRAIRIE CHICKE: .| Dec. 1-Sept. 15. == | = .| May 1-Sept. 1 To 1909,....-.- May Aug. 1 | RISE secarci oud: + Dec. 15-Oct, 1° - 1-Oct. 15 ...-.| To Oct. 15, 1995. - 5 | - +] Dec. 1-Oct. r_. -| Dec. I-Sept. 15 -| M New, Ham palsire Dec, Sept. 15 Dec. 1-Sept. 15 | Dee. r-Septe 15-1) hy Jan. 1-Sept. 15 Ap 7 Dec. 15-Sept. 15-...| Dee. 15-Sept 15. .| To Sept 15, 1961...) Feb. Aug. 1* -| Dee. 15-Sept. 15 Feb. t=Aug. 1 rf NecmonticcJeoe2 Nov. 1-Oct. 23. ‘ At all times At all times. . | May 1-Sept, 1 Jan. 1-Sept. 1 | Jan. 1-Sept. 1 Noy. 20-Oct. 1 ....| Jan. Sept. 17. | Juv | Jan. 1-Sept. 1 Jan. 1-Sept. 1 | Vermont - Ri pamaelitieatea 2 . 221) Mar. Sept ig 00.) Mar, Sept. 154.11] Dee. Oct. 1 -| Dee, 1-Oct. 1 «| ‘Po 1905.2. « .| May yy 15.....] May Id Dec. 1-Oct. 1* || May tjuly 15. Mar, 1-Sept. 1 Massachusetts Rhode Island, -| Jan. Oct, 15 ..-..| Jan, 1-Oct, 15 Dee. 16-Oct. 15 | To Oct. x, 1905 - Dee. 16-July 15 ....] Dee. 16-July | Dee. 16-Oct. 15.....| Dee 16-July 15 Jan. tAug. 15. . Rhode Island - Connecticnt ee = cu pRectepeeeare sa aetehs . Dec. 1-Oct. r......| Dee, 15- Oct. 15 ..-.] Dec. 1-Oct. 1 +| To 1905. ae foci foros Dee, 1-Oct. r. Jan, t-Sept, 1°...) May 1-Sept. 1... Connecticut New York*.. all times... Atall times | At all tine: | Dec. 16-Sept. 1...) Dec, 16+ es A co | 82 16-Nov. 1 .. | May 1-Sept.1......] May 1-Sept Dec, 16-Sept. 16 May (Sept. 1°. Apr. jo-Seph. 1 r 30-Se MleNosee Worle New Jersey. 55 pevbvace= . .) Jan, 1-Noy, 1 - Jan. 1-1 Exe Jan. 1-Noy. 1. -.| Oct, -Aug, 1" .....] Jan. 1-Sept. Dec. 11-Oct. 13... ., Jan, 2-Aug. 25. ny 2-Sept. © May*2-Sept. 1 .| New Jersey Dec. 16-Oct. 15 Dec. 16-Oct. 15 -| Jan. 1-July 15*..._ |. 3 Dee. 16-Ocl. 157... TSept.t... ..| May 1-Sept we May Seren Penciael anions E Feb. Sept. t......] Apr. 15-Oct. 1 “15-Oek. 1 his 15-Ock. 1 Delaware Jan. CNov. 15; Pennsylvania . 15-Nov. 17 ‘Apr. 10-Noy. 1 Noy, t-Sept. 1... Apr. 10-Noy, 1 -| May Apr to-Noyar AS. Delaware . Ys Maryland + -| Dec. 1-Sept. 1. Dec. 25-No 1-Aug. . | Distric .| Feb. 1-Noy. 1 - | eb, 1-Noy. . Dec. 26-Nov. 1 . May rSept 1 4 is-July 15 .....] Feb. Aug, 20 .....| May T-Sept. 1 May r-Sept i. Aes: % | virwini i 13 Jan. 1-Oct. 15 ----.-] Feb, Sept. 15 _| Feb, 1-Sept. 1 -| Apr. t-Nov. 1 May 1-Sept. 1 May 1-Sept. 1. " % & | West Virgi 3 Dec. 20-Noy. 1 Dec, 15-Oct. 15 Jan. 15-Sept.15 ...-| At all times. .| Noy. 2-July 15 . Apr. 1-Oct. 1. »| Apr. t-Oct. 1. «| West Virgi ro} cI .| Feb. 1-June 15 3 .] Jan. 1-Noy. 15. Jan. 1-Noy. 15 feb. © .| Feb. 1 sabaia Ks a oa -| Feb, 1-June 20. Apr, Ang.15 .....| Apr. t-Aug. 15 Kentuck a = “| Dec. 2-Nov. 10 ..-.-| Dec. 2-Nov. 10...) Dec. 2-Nov. 10 Dec. 2-Nov. 10 .. -| Dec. 15-July 5° - ec. 16-9 | Dec. 2-Nov. 10 - Dec. 2-Nov. 10 .....| Dec. 2-Noy. 10 . Dec. 2-Nov, 104 Su} ohio. Si 2 ~ Diego -| Jan. Oct. 1 +] Dec. 1-Oct. 20. .._.| Dec. 1-Oct. 20" eS .| Atall times - 0 1905... - Dec. 1-Oct. 20 Dec. 1-Oct. 20' .| Dec. 1-Oct. 20. . 1 - 2 [indiana . Dec. 20-June 1 . +24] Jam. 1-Noy. 10. Jan. 1-Noy. to... ... Feb. 1-Sept. 1 -| At all times........| ‘To 1995. mada ER is jan. tJuly 1. Tilinois .. ‘4 Apr. 13, 1904 Dec. 15-Sept. 1 .] Dec. 20-Nov. 1 -| Oct. 1-Aug, 31... ...] Oct. 1-Aug. 31. -| Dec. r-Sept. 1. .| To Apr, 13, 1904 Apr. 25-Sept. 1. .- Apr. a5-Sept.1<... lee, I-Sept. «| Apr. 15-Sept 1. . 5-Sept. * is ? Wisconsin Except Nov, 1-21" ‘ S .] To Sept. 1, 1901 .| Dec. -Sept-1......| Dec. 1-Sept. 1. | At all times. . .| To Sept, 1908 Dec. 1-Sept. 1 , Sept.1......) Dec, Sept. x «.| Jan. -Sept.1 .. es ISept. t «| Jan. r-Sept. Wisconsin Minnesota Except Noy. I-21. bees »} Dec. 1-Oct. 1 Dec. 1-Oct 5. .| Noy. 1-Sept. 1. -| Nov. 1-Sept. 1 .| To Sept 1, t904 Oct. 31-July 4 Now See | Arar Ty jan. t-Sept. »| Jan.t 5 ee T-Sept. + Minnesota . At all times Jan. i-June tr. .} Jan. 1-Noy. 1 -| Jan, 1-Noy. 1. Dec. 1-Sept. 1 - At all times B . i A Jan. t-July a ae Is-Sept. t +) Apr. 15-Sept. te . Towa . E Jan. 1-Oct. 1. ] Jan. 1-Noy. 1 Ni Jan. 1-Nov. -| Jan. 1-Aug. Aug. 1 A -Oct. 1, 4 aati ‘| Missouri Kansits ... 2.5 EAS -] Dec. 1-Oct, «| Dec, 1-Oct. 1 ..| Atall times | Nebraska . Jan. 1-Noy. 1. } > | J Jan. 1-Sept. .| At all times & ¥ South Dakota. Jan. 1-Oct. 15 en | Jan. 1-Oct. 15 Jan. | Jan. si ‘| Jan. 1-Sept. 1 Jan. Sept 1 ptt South Dakota. North Dakota. Dec. 10-Oct. 10...) At all time | Atall times......-.| At all times, | Po Aug. 21, 1905. -- | Oct. Aug. 20 -| To Aug. 21, 1995 ‘Oct. Aug. 20 | Mug. 90 2 North Dako Montana .. Jan. 1-Sept. 1 | Nov. 15-Sept. 15 aes | Jan. 1-Sept.r ..--..| Atall times ‘] At all times. - 2” | Dec. 15-Aug. 15 —- “| At all times. - ae At, s ay (Sept. 1.....] May t-Sept.t. May Sep Montanaie ta: Ruroini ..| Dec. t-Sept. 1 To Sept. 1, 1902 ... Be roeghaiteece I 1-Sept. 1 - PpDECHL-Septeitn sides] osm onceaiea amir eiac|smeced-p\smuic aw -tees ey fnreno ay +--| De .| Dec. 1-Aug. 15 . 1-Sept. 1 May t-Sept. 1 -| At all times Wyoming .... Coloudon 1] Nov. 6-Aug: 15. S-Aug. 15.-...) At all times. _| At all tim -| Nov. i-Aug. 15.....| Nov. 1-Aug. 15 Apr. 16-Sept. 19 Apr. 16-Sept.1? Apr. 16-Sept. Hh calbmineeese | North Carolina *-...-........ Jan. 1-Oct 1 - Mar. 15-Nov. 1 Mar. 15-Nov. 1... ae of Local laws. Local laws. . North Carolina * . South Garohinn TES Feb, 1-Sept. 1". ,] Apr. 1-Noy. r ......| Apr. Nov. .| Apr. t-Nov.1....-.| Apr. -Noy. 1 ioe a ; ,| South Carolina . Gebel "| Jancr-Sept1 .| Mar. 15-Nov. 1...) Mar. 15-Nov. .| Mar. 15-Nov. 1 é | Georgia . Florin, | Web. Oct 1. .| Mar. 1-Nov. 1 eres é Mar. 1-Nov. 1 fs Florida = : .| Mar. 2-Nov. 15..._.| Mar. 2-N -| Mar. 2-Nov. 15.....) Mar. 2-Noy. 1 IAN. 1 Mar. 2-No} }} Alabama S Zz | May 1-Oct.1.-.._|| Ee : -| May 1-Oct.1 2... -1-Sept. 15... srawgtaes : Mississippi . 5 e .| Mar. t-Nov. 1. Feb. t-Sept. 1 is +] Apr. 1-Oct. 1.....-. Feb. 1-Nov. 1 Mar. 1-Sept. 15. Mar. 1-Sept. 15. | ‘Tennessee * is | | Mar. 1-Oct.1 .... Feb. Sept. 1... ...] May r-Sept.1.-....| At all times f il apenngae oe i a Tg-Sept 15 E z .| Mar. 1-Oct. x. ..-| Mar. 1-Oct. 1 .-.) May 1-Oct. 1... ...) Mar. 1-Oct. 1. Ree as Loulifans.. z 5 | Jan. Sept. 1 To June, 1903 - |) Mar. 15-Oct. 1.2. ---)/c2.. . -| Feb. r-Aug.1.._...| Apr. t-Sept.r_-..__). : a ‘To June, 1902 : |} Dexus ss... % 4 |) At all time At all times | Feb. 1-Oct. 15... -..| At all times «| Jan. 1-SepU 1... | Jan. r-Sept. x “fo Jan. 1, 1904 -.... Jan. 1-Aug, 1 Oblakoniece : | Jan, 1-Oct. 1 "To Mar. 16, 1904 Jan. 1-0 | Jan. 1-Oct. x... | Jan. 1-Oct. 1° -| Jan. 1-Oet. 1°...) Jan. 1-Oct. 1* -..| ‘Lo Mar. 10, 1902 “s : New Mextcs Wer Mex Dee 1-ANg T ch 2e} Abate Dec, 15-Aug. 1 | Mar, 1-Oct.15......] Mar. 1-Oct15 .....| To Mar. 16, 1902-...| Mar. 1-Oct. 15. ‘| To Mar, 16, 1902. Mar. t=Oct. 15.2...) Apr. Oct. 1,......] Apr, Oct. 1 .| Arizona , .. i ‘ ' | | s i | | F, “alifornia . -| Oct. 15-July At all times. .| At all times........| Atall times........|... .| Mar. 1-Oct. 17 .| Feb. 15-Sept. 1. . | Mar. 1-Octt . Mare XoQtet vusssishechnentanee California g Nee ..| Jan. ane 1 Jan. 1-Sept. 1. -| Jan. 1-Sept. 1 ...-..] Jan. 1-Sept.1 . A 4 Mar, 15-Se; Mar. 15-Sept. 15- 2 ae Apr. 1-Sept. 15 Apr. 1-Sept. 15 Apr. tSept. 15 = = | vin |'Nov. fy IIE) Atenitimes | At all time | At all times. . =e | At all time: | Dec. Aug. 15. Dec. 1-Aug. 15. | Dec. 1-July 1 Dec. 15-Sept. 157 Dec. 1g-Sept. 157...) Dec. 15-Sept. 157 z © | Idaho. ....| Dee. 1-Sept 1. 1 Jan. ase : Dec. 1-Nov. 1 - e Dee. J-Aug. 15 - - 92, « é Mar, tAug. 15 Mar. Aug. 15 Mane ee 15. a = | Washington wep Ni anes tone : -] To Oct. 15, 1901 . | Dec. 1Aug. 15 * - To Oct. 15, 1901 Mar. rAng. 15 Mar. t-Aug. 15 .) Mar. rAug.15.. ton . 5 P| Oregon"... te ©. Jan. 1-Oet. 1 fe Dec. 1-Oct. 1. - Dec. 1-Oct. 1. -| Dee. 1-Oct. 1". . Feb, 1-Sept. 1... Mar, 15-Sept. 1... | Mar, 15-Sept.1 Oregons... £ | - u ] & | | e 3 { sa Rritish Columbia. . ..| Jan. 1-Sept. 7. eee ron teria Jan. 1-Sept. 1 At all times. .| Jan. 1-Sept. 1 .) Jan. I-Sept. 1 Siena <, -| At all times Mar. 1-Sept. 1 Mar. 1-Sept. 1... British Columbia. . 4 Northwest Territories " | yan 15-Nov. 1 | Dec, 15-Noy. 1. te eer es eseweryenes : Dec. 15-Sept, 15..-.| Dec. 15-Sept, 15. -.| neeee hes May 5-Aug. 25... .| Northwest Territories! 3 Manitoba aa Fi Sept. 15- Dec. 1-Sept. 15 | Dec. Ser T5.0- Jp I Nov. 15-Oct. 1,....} Nov. 15-Oct. r.....} -----| Atall times 5 Jan. 1-Aug. 1 uy Jan, {-Sept. r.. Manitoba, . I Q & |(Ontario).:2.c...c0= | Except Nov. 7-16...| At all times Dec. 16-Oct. 15..-..) Dec. 16-Sept, 15....| To Sept. 15, 1905 ...| To Oct. 15, 1905 -...| Atall times -| To Sept, 15, 1905 -..) Dec. 16-Sept. 15- Dec. 16-Sept. 1 <= | Quchec.:.... | Jan, 1-Sept. b. 1-Noy. 1° -| Dec. 1s-Sept. 1 saaNeads b , aa Feb, 1-Sept. 1. Feb, 1-Sept. 1 Apr. 1-Sept. 17 <2 | 2 | New Brunswi =| Jan, 1-Sept. 15. Jocnsens : +} Dec, r-Sept. 15. -| Atail times: sees Dec. Sept. 1, Dee. 2-Sept. 1 5 | = y | Jan a To 190% ‘| Feb. Oct. 1°, ‘| Ta Get. 1, 1901 «| Atall times ane Mar. 1-Sept. 1. Mar. 1-Sept., : > = oe ToJan. 1, 196. Mar. 1-Sept. 16, .| Jan, 12-Sept. 16. Jan, 12-Sept. 16. Jan. 12-Sept. 16. Jan, 12-Nov. 16..--. | | t =s SPECIES WHICH ARE RARE, OR PROTECTED IN ONLY A KEW STATES. BUPPALO: | MousTats Goar, PTARAIGAN. SAGE HEN. | REEDHIRD. | CuRLEW. | Crane. Mup Hes. Maxsit Hey, e | ] | | Se de Island De | a Dakol Wan Garin: fan.x-Sept, 1 Colorado --. Montana . .| Dec. 15~Aug. 15 ---- . a Jan. 2. Aug. 25 ‘ lode Island . ec. 16-July 1§ ....| South Dakota. May t-Sept. 1. Massachusetts . 4 ik I- 15. Massachusetts: | Sout pe Fe an aves pape i aes pe 1 ae nee, ‘Washington Wyomin: Ges 15-July 15 | Fennsylvai tet. | New York . May I-Sept. 1? North Dakota, May 1-Aug. 20 New York May guy . New York .... Montana ........6 22] At all times.» ......]] New Mexico. | At all times Quebec 2 Colorado 1-Aug. 15..-..|| Delaware hah TSept 1...) South Dakota. May 15-Sept. 1 Colorado . Apr, 16-Sept. 17..../ Ohio Dec. Now 16 New Jersey | Colorado ‘At all tines ‘| Arizona Nova Scotia .........| Atall times Nevada Ane Aug. 15"...-|| Maryland Nov. Sept | Wyoming May t-Septr......| Nevada... Apr. I-Sept. 15...) Virgi Utah ...-. |) Nevada. Newfoundland Jan. 12-Sept. 16 - Dec. 1-Aug. 15 .....|| District of Columbia ,| Feb, 1-Aug. 20 - Colorado . Apr. 16-Sept. 19. es sah || Tdaho | Dec. Aug. 15... : Nevada Apr. I-Sept. 15 2 |) Washin Dec, t-Aug. 15 : uebec. Feb, 1-Sept. 16 - Pee || British Columbine Bt . Peer : Newfoundland Jan. 12-Sept. 1 | | Northwest Territori Dec. 15-Oct. 1. 3 ee * Certain county exceptions. * Certain species. 4 Except month of July, 4 Except Mar. 10-Apr. 11. 5 Except month of April. © Sale or possession, 7 Except month of March. * Upland ployer only. » Altitudes above 7,000 feet, Apr. 16-Sept. 15. ‘Except unorganized Territories, in which the seasons are as follows: Deer) elk, caribou, mountain sheep, mountain goat, wy r-July 15 and Oct. 1-Dec. 1; musk ox, Mur. 20-Oct. 15; grouse, prairie chicken, Jan. 1-Sept, 1; > duck, goose, swan, Jan, 15-Sept, 1. 4 Except July 16-Oct. 1. DEPARTME = bist 2 L = af LATION OF SPARRINNS TH NRK SYLVESTER D. JUDD. ASSISTANT, BIOLOGICAL SURVEY PREPARED UNDER THE DIRECTION OF Dr. C. HART MERRIAM = CHIEF OF BIOLOGICAL SURVEY A Zs) Bit : = anf q Ss Ft § SA LBA WZ } A \ ) Paige. > i WASTING TON 0. GOVERNMENT PRINTING OFFICE | a3 [eee Wig i arriee a SUAy “A &é PLATE lI. Bull. 15, Bioiog:cal Survey, U. S. Dept. of Agriculture. BA imaeseai 4 FOUR COMMON SEED-DESTROYING SPARROWS. White-throated Sparrow; 3, Fox Sparrow; 4, Tree Sparrow. 9 ot} 1, Juneo BULLETIN No. 15 Peo DEPARTMENT OF AGRI€CULTURE DIVISION OF BIOLOGICAL SURVEY TTI RELATION OF SPARROWS 10 AGRICULTURE BY | | | | SwMEVES EER 1D. JUDD Ph. Dp. ae ASSISTANT, BIOLOGICAL SURVEY | PREPARED UNDER THE DIRECTION OF Des, Cot ART IM WRIT AM CHIEF OF BIOLOGICAL SURVEY OT ee Bee ——1) = Sie i. ue i WASHINGTON GOVERNMENT PRINTING OFFICE 1901 LETTER OF TRANSMITTAL. U.S. DEPARTMENT OF AGRICULTURE, DIVISION OF BIOLOGICAL SURVEY, Washington, D. C., July 3, 1901. Str: I have the honor to transmit herewith for publication as Bulle- tin No. 15 of the Biological Survey a report on ‘‘ The Relation of Spar- rows to Agriculture,” by Dr. Sylvester D. Judd, assistant in this office. Sparrows are notorious seed eaters, but the precise nature of their food and its effect on agriculture have not hitherto been known with any degree of accuracy. This report, based on extended field obser- vations and an examination of 4,273 stomachs of sparrows, brings out clearly the extent to which several native species feed on seeds of noxious weeds, and shows the value of these birds as weed destroyers. Respectfully, C. HART MERRIAM, Chief, Biological Survey. - Hon. JAMES WILSON, Secretary of Agriculture. 2 CONT ENTS: : Pags. OL NADE LED ADE eS Ke ee ee i ss lee aus 19 i SOne SPAaTrOW 2... ...- .- Ve pa SENG, EOE Ree pene CU eo ee BRN REN Ti EN 82 “Si TUE CHES IEL) AO a ol ie gs RN I 89 ae Snes arhOW eee eos ee le oe ee 92 THE RELATION OF SPARROWS TO AGRICULTURE. INTRODUCTION. IMPORTANCE OF SPARROWS. The native sparrows are the most abundant and widely distributed of the small birds inhabiting the rural districts of the United States. Wherever there are farms these characteristic little birds may be found nesting in orchard, berry patch, vineyard, or hedgerow, en- livening the shrubbery from dooryard to outlying field with their songs, or in winter rising from the ground and fluttering from bush to bush before one who invades their haunts. Asa group they are constantly present on cultivated land, although many of them retire to the South during the winter and their places are taken by other species from the North. Sparrows are well known, and have figured frequently in ornitho- logical literature, but the position they occupy in relation to agricul- ture has heretofore received only casual consideration. It is evident that a group of birds so abundant, so widely distributed, and in such constant association with farms and gardens must play an important part in rural economy, and that a thorough investigation of their food habits should be useful. The results of such an investigation are embodied in the present paper and amply demonstrate the value of these birds to the agriculturist—a value greater than that of any other group of birds whose economic status has thus far been investi- gated. The native sparrows contrast markedly in this respect with the introduced English sparrow, the pernicious habits of which have formed the subject of a special report,' and are briefly treated in this bulletin. for purposes of comparison (see p. 92). This naturalized Sparrow is a pest wherever it is found, while the native sparrows are well worthy of protection and encouragement. CONSTITUENTS OF FOOD. The great bulk of the food of sparrows and other small passerine (or perching) birds consists of fruit, seeds, and insects. The fruit may be wild berries taken from shrubs or trees of no economic impor- tance, with little economic result whether the bird eats much or little; or it may be cultivated fruit, in which case, of course, it is desirable to know the amount destroyed. 1'The English Sparrow in North America, Bull. No. 1, Div. Ornith. and Mamm., 1889. 7 8 THE RELATION OF SPARROWS TO AGRICULTURE. The seed element is of particular interest only when it shows destruction of grain or weeds. Injury to grain or fruit by birds is usually the most prominent and often the only fact of economic ornithology possessed by the layman; yet comparatively few birds harm either of these crops, while many species render important service to agriculture by destroying weed seed. As has been aptly said, a weed is a plant out of place. Certain plants seem, to have formed a habit of constantly getting out of place and installing them- selves in cultivated ground, but whether actually among crops or in adjacent waste land, from which they can spread to cultivated soil, they are always a menace. In the garden they occupy the room allotted to useful plants, and ap- propriate their light, water, and food. Any check on these nox- ious interlopers, a million of which can spring up on a Single acre, will not only lessen nature’s chance of populating the _ soil with worse than useless species, but will enable the farmer to at- tain greater success with cultivated crops. The hoe and cultivator will do much to eradicate them, but some will always succeed in ripening a multitude of seeds to sprout the following season. Cer- tain garden weeds produce an incredible number of seeds. A single plant of one of these species, as purslane, for instance, may mature as many as 100,000 seeds in a season, and these, if unchecked, would produce in a few years a number of weeds utterly beyond compre- hension. The habits of some of the common weeds are considered in connection with the discussion of the value of birds as weed destroyers (see pp. 25-28). - The animal food of the smaller land birds consists of insects and spiders. The insects belong for the most part to the orders Lepidoptera (butterflies and moths), Orthoptera (grasshoppers, locusts, and crickets), Diptera (flies), Hemiptera (bugs), Coleoptera (beetles), and Hymenoptera (ants, bees, and wasps). Lepidoptera, Orthoptera, and Coleoptera furnish the bulk of the insect food of birds. The lepidopterous food is taken almost entirely in the larval condition, and comprises smooth caterpillars belonging largely to the family Noctuids, which includes cutworms (see fig. 1), army worms, and their allies. The Orthoptera eaten are principally long- and short-horned grasshoppers (Locustidz Fig. 1.—Cutworm and moth (after Howard: loaned by Division of Entomology). Fig. 2.—Grasshopper (after Riley; loaned by Division of Entomology). CONSTITUENTS OF FOOD. i) and Acridide—see fig. 2). Coleoptera form a most important ele- ment of bird food, the families of this order most largely represented being the Scarabzeidze or scarabeeid beetles, the Carabide or ground- 4 beetles, the Elateride or click-beetles, the Chrysomelide or leaf- 4 beetles, and the Rhynchophora or weevils. Some of the scarabeeids that are eaten are the clumsy brown May-beetles and their allies, which feed on growing plants; others comprise a group of beetles commonly known as dung- beetles, because they subsist on the droppings a of animals. Ground-beetles are alert, active insects, carnivorous in food habits. Click- beetles are narrow and hard-shelled; when dis- 4 turbed, they curl up and ‘play possum’ until the danger appears to be past, when they spring into the air by spasmodically straightening out their bodies with a sharp clicking sound. Their larvee, wireworms, are often very destructive to crops. The leaf-beetles (see fig. 3) taken by birds are pests of little economic importance. Weevils (see fig. 4) constitute a destructive class of insect pests, and are extensively preyed on. Fia. 3.—Leaf-beetle (Systena blanda) (after Chittenden; loaned by Division of Ento- mology). Diptera furnish no sig- nificant part of the food of birds, though the slow-moving crane-flies (Tipulidze) and midges (Chironomidz) are at times snapped up, and some larval Diptera are occasionally eaten. The Hemiptera include ‘both leaf-hoppers (Jassidz), which derive their sustenance by probing plants with their sucking beaks, and true bugs, which are flat, bad- Fia. 4.—Weevil (after Chit- tenden; loaned by Divi- sion of Entomology). smelling insects. Some of the bugs feed like leaf-hoppers on the juices of plants, while others are predatory and subsist on succulent insects. The hymenopterous element of bird food is composed of ants, wasps, and a few small bees, the wasps including flower-fertiliz- ing species and parasitic species of the families Ichneumonide (see fig. 5), Braconide, and Scoliide. — : The value of a bird as an insect destroyer depends upon the value of the insects it con- sumes. Each insect eaten by birds must of necessity be injurious, beneficial, or neutral in its effect on crops, though it is not always easy to classify it properly. While present information is sufficient to fix the status of some with sufficient accu- racy for all practical purposes, in the case of others more light is needed. The smaller dung-feeding scarabezid beetles appear to have little or no effect upon agriculture. The great majority of ants have habits which are apparently of little interest to the agriculturist; 10 THE RELATION OF SPARROWS TO AGRICULTURE. and although some (of the genus Lasius), and perhaps others, pos- sess certain injurious traits, while a few may have traits that are beneficial, yet the effects in any event are of minor importance; so that ants as a whole may safely be classed as neutral. Spiders, which for purposes of convenience are here classed with insects, are earnivorous, but their prey seems to include about as many beneficial insects as pests. The damage done by weevils, grasshoppers, and smooth caterpillars is noto- rious. Cutworms and army worms often do an immense amount of harm, and grass- hoppers frequently oceur in such voracious hosts that they sweep away every ves- tige of green vegetation be- fore them. On the other hand, carnivorous ground- beetles (Carabidee, see fig. 6) kill multitudes of insect pests, and certain parasitic wasp-like hymenopterous insects of the families Braconidee, Chalcidide, and Ichneumonide destroy great numbers of caterpillars. One of these parasitic insects will deposit in the back of a caterpillar from 20 to 2,000 eygs, which soon hateh into grub-like larve that feed upon the fatty tissues and exhaust the caterpillar so that it is not able to transform into a perfect insect. | The fact that birds do not discriminate between insects that aid the farmer, such as parasitic Hy- menoptera and carnivorous ground-beetles, and those that are harmful to his interests, led the entomologist, Benjamin D. Walsh, to deny their usefulness as insect destroyers. He asserts that the good done by the consumption of insect pests is more than counterbalanced by the destruction ,¢ 6 Ground-beetle of useful species. His argument is that there are (after Riley; loaned thirty times as many individual insect pests as Voy there are insect enemies which subsist upon them, and that therefore no insectivorous bird can be considered a ‘public benefactor’ until it can be shown to destroy at least thirty times as many injurious as beneficial insects.! Applied to the destruction by birds of highly effective parasites of important pests which annually or at intervals cause a large loss to staple crops, Walsh’s statement Fic. 5.—Ichneumon fly (after Howard; loaned by Division of Entomology). ' Practical Entomologist, Vol. II, No. 4. p. 47, 1867. FIELD WORK. ie is probably adequate. But these conditions are seldom realized, and under any other so many factors are involved that the question is too complex to be so simply determined. A discussion of what is neces- sary to be considered in order to determine the status of a bird will be found in the chapter on ‘Classification of Bird Food’ (pp. 16-18). METHODS OF INVESTIGATION. Knowledge of the food habits of birds is of great importance in rural economy. Ignorance of this subject is in part responsible for the grave mistake which was made in the introduction of the English sparrow. To the same cause has been due the passage of bounty laws for the encouragement of the indiscriminate slaughter of hawks and owls, notwithstanding the fact that some of these birds of prey are highly beneficial to agriculture. To obtain adequate knowledge of the food of birds in relation to agriculture a definite scheme of procedure must be followed. Simply observing the birds while they are feeding gives only fragmentary information and has often resulted in the protection of injurious or the persecution of beneficial species. The results thus obtained must be supplemented by other and cor- roboratory evidence. Recent investigations by the Biological Survey have been carried out by the following methods: (1) Observation of birds in the field; (2) experiments with captive birds; (3) examination of the contents of stomachs; and (4) a combination of field work and stomach examination. Economic ornithology is as yet so little advanced that a detailed account of these methods will not be amiss. FIELD WORK. Field work, as stated, yields results which must not be considered as a final solution of the problem, but only as a contribution to our knowledge. Nevertheless, it is indispensable as a part of the investi- gation, since the actual amount of damage done to ripening fruit or to grain or the good done by the destruction of weed seed or insect pests by native birds can best be determined, in dollars and cents, by careful study of the scene of action. Asan illustration of damage that could not have been ascertained by any other means an instance may be cited of a ripening oat field of 3 or 4 acres that was visited by a flock of about 100 goldfinches, where the quantity of grain actu- ally eaten was insignificant, but a loss of 5 percent of the crop was caused on about an acre by the birds, breaking down the stalks so as to make it impossible to reap at that point. The extent of the good done by sparrows in destroying the seeds of pigeon-grass, ragweed, and similar weeds can be definitely ascertained only by visiting the field in late winter and observing the proportional extent of destruc- tion. Such visits will often show that more than nine-tenths of the seeds produced have been destroyed. Field observation is useful also in ascertaining the food habits of nestling birds. Although the work 12 THE RELATION OF SPARROWS TO AGRICULTURE. of identifying in the parent’s beak the insects usually fed to nestling birds is exceedingly difficult, yet it yields more satisfactory results — than examination of the stomachs of the nestlings, not only because stomach examination shows nothing as to frequency of meals, but also because the soft insects given by most of the smaller birds to their young are generally unidentifiable in the stomach. =~ EXPERIMENTS WITH CAPTIVE BIRDS. Very often birds that are too shy to be watched in the field may be kept in captivity and experimented with. If the experiments are earefully conducted much can be learned as to the amount of food eaten, preferences in food, and questions relating to the dissemina- tion of the seeds of fruit and weeds by birds. Birds selected for experiment should be recently trapped, because those that have been long in confinement usually develop unnatural tastes. In test- ing preferences in insect food it is convenient to place the insects on a piece of cork anchored in the center of a bowl of water. This pre- vents them from escaping and makes the conditions almost identical in the case of each kind. The insects should be equal in volume. Thus, a fair experiment would be made if a ladybird (Coccinella 9-notata) and a 12-spotted cucumber beetle (Diabrotica 12-punctata) were both put on the cork island at onee for the bird to seleet from, because both insects are of about the same size. The same principles apply to fruits and seeds, though, of course, the use of the cork is not important in their case. The food of nestling birds may be sometimes studied to advantage by removing the young from the nest and plae- ing them in a cage almost out of reach of the parent bird, so that in feeding them the latter will drop a large proportion of the food just inside the cage. LABORATORY EXAMINATION OF STOMACHS. The contents of the crops (or gullets) and stomachs of wild birds are examined to find just what elements of food the bird has chosen and the proportion each bears to the total amount of food; and if the- number of stomachs examined be large enough, the difference due to individual variation is eliminated. The identification of the food found in a bird’s stomach is difficult, for two reasons: (1) Because of the great variety of substances that may be found in the stomach, and (2) because of the fact that the semi-digested pieces and fragments of insects, fruits, and seeds are often so comminuted that exact iden- tification is well-nigh impossible. The method of procedure employed in the laboratory of the Biological Survey in making stomach exami- nations is as follows: The stomach is slit open with a sealpel, and its contents are first washed into a pan by a jet of water from a wash bottle and then, with the exception of the sand and gravel, poured into a eon * 18 THE RELATION OF SPARROWS TO AGRICULTURE. entirely understood. The difficulties involved are well illustrated by certain observations made by Dr. J. A. Allen. He found the tree, — chipping, field, and white-throated sparrows, and the jJunco preying ~ upon an insect pest of the apple, the apple-tree plant-louse (Schizo- neura lanigera).' This was, of course, a beneficial effect rendered by the birds, but at the same time they were killing the larve of the ladybirds, lacewings, and syrphus flies, which were also destroying _the plant-lice. It would be necessary to ascertain to what extent the evil effect of killing the enemies of the plant-louse counterbalanced — . the good effect of killing the plant-louse itself before the final effect of the sparrows upon apple culture could be determined. RECAPITULATION. By keeping in mind the exceptional ways in which birds become | pests, and by inspection of the food elements of sparrows through — the different methods of investigation heretofore described, more especially through the combination of field work with stomach exami- nation, and further by the classification of these elements of the food into their neutral, beneficial, and injurious categories the effect of | Sparrows on cultivated crops can be approximately ascertained. 1 Vide B. D. Walsh in The Practical Entomologist, Vol. Ii, No. 4, p. 46, 1867. cs a _ os Geet, Ma) eee ai ; FOOD OF SPARROWS. The following conclusions upon the relations of sparrows to agri- culture are based upon the study of the food habits of a score of species, and have involved the examination of the contents of the stomachs of more than 4,000 individuals. These stomachs were col- lected during every month in the year from a large expanse of country, including practically all the States in the Union and the southern part of the Dominion of Canada. MINERAL SUBSTANCES FOUND IN SPARROWS’ STOMACHS. Mineral matter plays a part in the digestion of sparrows and often amounts to one-tenth or one-quarter of the total contents of a stomach. These birds are preeminently seed eaters. Insectivorous birds with soft, weak bills and thin membranous stomachs could not possibly eat and digest a meal of tough, resisting seeds; but the hard, strong beaks and powerful, muscular gizzards of sparrows are admirably adapted to such a diet. Sparrows swallow the smaller seeds whole, but crack the larger ones. ‘To aid digestion they pick up, while feed- ing, coarse bits of sand and tiny stones, which, in their mill-like giz- zards, soon grind the seed material into a paste that can be as easily digested and assimilated as if it had been chewed by teeth. This mineral matter usually consists of angular white or pink: peb- bles of quartz from 2 to 5 mm. in diame- ter. Pieces of feldspar, tourmaline, mica, and even voleanic lava are some- times found, and in Kansas the birds often utilize the disk-like sections of F1¢-10.—Section of stem of fossil sea- . ac , : lily. stems of fossil sea-lilies (Crinoidea— see fig. 10). A sooty grouse taken in British Columbia had swallowed for this purpose four little nuggets of gold.’ FOOD IN GENERAL. Of the food of sparrows, animal matter composes from 25 to 35 per- cent of the diet for the entire year, and vegetable matter from 65 to 75 percent. The animal food consists of insects and spiders and 'The remainder of the native sparrows, which are mostly birds of more or less limited numbers or restricted distribution, are not considered in this bulletin, owing to lack of material for adequate study. * Forest and Stream, Vol. XXXIV, p. 481, 1890. 19 i et 20 THE RELATION OF SPARROWS TO AGRICULTURE. occasionally includes snails or millipedes; insects—mainly grasshop- pers, beetles, and caterpillars—constitute more than nine-tenths. The vegetable food is composed alimost entirely of seeds, although it also comprises a small quantity of fruit. FOOD NEUTRAL IN EFFECT ON AGRICULTURE. The neutral part of this food is made up principally of certain insects, spiders and snails, a small amount of wild fruit, and some seeds of useless plants. Insects form about four-fifths of the animal matter of the neutral part, comprising ants and certain kinds of flies and beetles. The flies, which are usually adult insects, but some- times larvee, include midges (Chironomide), flies related to the house- fly (Muscidz), March-flies (Bibionidee), and ecrane-flies (Tipulide). These insects never amount to 1 pereent of the volume of the entire food of any species of sparrow for the whole year. May-flies (Ephem- eride), emerging from the water by the million, are preyed on by the sparrows that dwell in the immediate =e a . . . a were vicinity of streams or ponds. Ants sel dom equal 2 percent of the volume of the year’s food. Both typical ants (Formi- 3S cide) and myrmicids (Myrmicide) are — _ taken. Such ants as Formica fusca and F.. subsericia, Lasius, Myrmica, and Te- tramorium are frequently selected. They are often eaten while yet in the winged a See state and are then caught in the air. a eed “= Beetles of little or no economic impor- Fie. 11.—Dung-beetle (Aphodius) : . 9 finned by Paces: A. Farce tance amount to from 3 to d percent of the total volume of the food for the en- tire year. These are for the most part dung-feeding species belong- ing to the genera Aphodius (see fig. 11), Atenius, Onthophagus, and ister. They are often found by hundreds: in cow droppings in pastures. The remainder of the neutral part of the food is made up of spiders and snails. Spiders, though predatory, have not as yet been classed as useful, because, as already stated, as a group they seem to destroy about as many beneficial as injurious insects. The kind most fre- quently eaten by sparrows are the running ground-spiders, which, though probabiy more useful than harmful, are of too little importance to be classed otherwise than as neutral. They constitute 1 to 3 per- cent of the food. A few snails are eaten. These are as a rule not injurious; and though an exception should be made of. the pond snail — (Limnea), which acts as intermediate host to the liver fluke, a pest to Sheep raisers, probably very few if any of these are included among the small number of snails actually eaten, and they may be disregarded, FOOD INJURIOUS IN EFFECT ON AGRICULTURE. 21 FOOD INJURIOUS IN EFFECT ON AGRICULTURE. The injurious part of the food of sparrows, the removal of which tends to cause a harmful effect upon crops, is made up of useful insects and spoils from cultivated crops, such as grain and fruit.. Beneficial insects seldom amount to more than 2 percent of the food. They consist mostly of enemies of insect pests and a very few flower- fertilizing species, such as certain wasps and some small bees of the genera Andrena and Halictus. The insect enemies are either eround-beetles (Carabidze) or parasitic wasps. ‘The particular ground- beetles selected belong to the less useful predatory kinds. They are small species, the exact economic position of which is not yet known, and include Amara, Anisodactylus, Agonoderus, Bembidium, and the smaller species of Harpalus. One species—Agonoderus pallipes— has been found injurious to grain, and in time it and some other slightly carnivorous carabids may become pests like the related Zabrus gibbus of Europe. The parasitic Hymenoptera include such wasps as the smaller Ichneumonide, the larger Braconide, and Scoliide of the genera Myzineand Tiphia. But the quantity of useful insects eaten by sparrows is small; omitting those taken by the English and field spar- _ rows, it is insignificant. And though 4 percent of the food of the latter eonsists of useful insects—a larger percentage than is attained by any other member of the sparrow family—yet this record is very favorable compared with those of many birds. The loggerhead shrike and the king-bird, for example, take 12 percent and 20 percent, respectively, of their food in beneficial insects, and there are other birds whose > records are still less creditable. Cultivated fruit forms no significant part of ‘the food of sparrows. The white-crowned sparrow occasionally punctures a few grapes in the East; the English sparrow adds more or less fruit destruction to his many other sins; and it is probable that one or two western spe- cies do some little damage of this kind: but with these exceptions the sparrow family is harmless to orchard and vineyard. ~The English sparrow does so much damage to grain that it is con- - sidered a pest, and the native sparrows might naturally be suspected of having similar nabits; but though they frequently sample grain in stubble-fields, they have not as yet been found committing serious depredations. In order to compare the grain-eating propensities of _ the various species, specimens were collected on a farm a few miles south of Washington, D. C., before and after the wheat was cut. Of nineteen native birds, representing song, field, chipping, and grass- _ hopper sparrows, only two had eaten grain, and these had taken only one kernel each, while, on the other hand, of five English sparrows _ that were examined every one was gorged with wheat. On this par- ticular farm flocks of English sparrows pillage the wheat crop from _ the time it comes in milk until it is threshed; and attack corn in 22 THE RELATION OF SPARROWS TO AGRICULTURE. the roasting-ear stage, and feed on it from the time it is put in the erib until wheat comes in the milk again in June. There is searcely a grain that they do not injure, while with the native sparrows the reverse seems to be true. The latter eat a little grain, but seldom does it amount to more than 5 percent of the year’s food, a modest fee for their service when it is considered that the meadowlark, one of the best birds of the farm, takes 13 percent of its food in grain, the crow 35 percent, and the crow blackbird 47 percent. The most serious charge that can be brought against sparrows is that they distribute noxious plants, the seeds of which pass through ~ : their stomachs and germinate when voided from the body; and this, though not strictly germane to the subject under considera- tion, will be treated of here as the most appropriate place. Spar- rows do not distribute catbrier, poison sumach, and poison ivy, as do many birds, but it is probable that they do, to a certain extent, disperse the seeds of such weeds as amaranth, gromwell, and spurge. However, it seems likely that this ageney of seeding down farms to weeds is infinitesimal when compared with the dispersion of weeds caused by the use of manure containing weed seed and the plant- ing of impure seed, which often contains seeds of foreign weeds of the worst stamp. The digestive apparatus of sparrows has the power to crack or crush the seeds of crab-grass, pigeon-grass, pig- weed, lamb’s-quarters, and most other seeds, including the hard drupes of the blackberry. I have examined thousands of stomachs of sparrows containing ragweed, and have never found an unbroken seed. The outer ribbed shell of the akene is cracked and not — swallowed, but parts of the true seed coat in the shape of angular fragments 3 to 5 mm. long, which are dirty gray externally and green- ish white internally, are usually found during stomach examination. Uncrushed cotyledons are seldom met with. These. facts, which — hold also when seeds of wild sunflowers and polygonums are eaten, seem to preclude the possibility of subsequent germination. Con- cerning the likelihood of the germination of the seeds of weeds that are grasses it may be stated that time and again tree sparrows which have fed on pigeon-grass have been examined, and it has been found that while their gullets contained from 100 to 300 whole pigeon- grass seeds with the inner glumes removed, the gizzards were filled — with a pasty mass of endosperm containing not more than a dozen — whole seeds. But with the harder, smaller seeds the possibility of . germination is better. The digestive organs, although they have the power of cracking such seeds, nevertheless occasionally allow some to pass out in a perfect condition, as was shown by an experiment with — a captive song sparrow in which amaranth seeds were voided unin- — jured and germinated very well. Birds take seeds for food, however, — and it seems probable that such use would preclude the evacuation of — any but a most insignificant proportion of uninjured seeds. FOOD BENEFICIAL IN EFFECT ON AGRICULTURE. 23 FOOD BENEFICIAL IN EFFECT ON AGRICULTURE. The beneficial part of the food of sparrows is made up of insect pests and the seeds of weeds. Insect pests amount to from 10 to 20 per- cent of the year’s food, and are for the most part grasshoppers (Acri- didz and Locustide), caterpillars, principally Noctuide (that is, cut- worms, army worms, and their allies) and some Geometride, such as cankerworms and their allies, and beetles of various families—Chry- somelidz or leaf-beetles, Elateridez or click-beetles, and Rhyncho- phora or weevils. Conspicuous among the genera of beetles met with in stomachs of birds are Systena, HMpitrix, Odontota, Limonius, Dras- terius, Sitones, and Phytonomus. Bugs are eaten to an unimportant extent, and constitute about 1 percent of the food. The plant-feeding forms include such Heteroptera as some of the smaller soldier bugs (Pentatomidee), leaf-bugs (Capsidz), a few such Homoptera as leaf- hoppers (Jassidze), and in very rare instances plant-lice (Aphidide). Insects seldom form more than a third of the food of adult sparrows for the year, but their nestlings are practically entirely insectivorous; on which account these birds, in raising from two to three broods a season among agricultural .crops, do their greatest good as destroyers of insect pests by cramming countless num- bers of caterpillars and grasshoppers down the throats of their ravenous young. Some. grasshoppers are much Fia.12—Rocky Mountain locust (after more injurious than others. The most ce es Bee Oy ee el destructive species is the Rocky Moun- tain locust (Melanoplus spretus—see fig. 12), which at intervals invades the plains of the central United States in such numbers as to actually hide the sun. These insects travel onward, sweeping away every vestige of green vegetation in their path, and bringing destruction and desolation to thousands of farms. As shown by the investiga- tions of Prof. Samuel Aughey in Nebraska,’ the native sparrows perform a useful part in aiding to check these invasions. In studying the efficiency of birds in checking an uprising of the eankerworm (Anisopteryx vernata) in Illinois, Prof. S. A. Forbes collected birds in a bearing apple orchard which had been so injured by the worms for several years that it looked as though it had been swept by fire. Among these birds were the grasshopper sparrow, the chipping sparrow, the field sparrow, and the dickcissel. The exami- nation of their stomachs showed that although cankerworms were not eaten by the grasshopper sparrow, they amounted to 16% percent of the food of the chipping sparrow, 234 percent of that of the field sparrow, and 43 percent of that of the dickcissel.* Nearly all spar- ‘First Ann. Report U.S. Entomological Commission, App. II, pp. 29-32, 1878, ? Bull, Ill. State Laboratory Nat. Hist., Vol. I, No. 6, p. 12, 1883. * iz A a Se 24 THE RELATION OF SPARROWS TO AGRICULTURE. rows prey on cankerworms and other members of the family Geome- tride. They also have a decided taste for cutworms, army worms, and their allies, in destroying which the song, field, chipping, grass-_ hopper, and lark sparrows, and the dickcissel are especially effective. But adult sparrows can not be depended upon to check invasions of certain insect pests, especially hairy caterpillars, because they do ee not eat them. With orchard a trees and others festooned oy with the webs of the fall web- . worm, I have seen the spar- s © & rows, although they were oy P i abundant in the vicinity, re- & = fuse these insects and select ‘« [° others. At Marshall Hall, Md., on the level bluff across the Potomae from Mount Ver- non, isa fertile farm, on which the field habits of sparrows ‘have been carefully studied (see pp. 29-45). On this farm during August, 1898, the tobacco worms practically ruined the tobacco crop. I collected there at that time 50 sparrows, representing the chipping, song, field, grass- hopper, Henslow’s, and Eng- lish sparrows, but subsequent stomach examination showed that only one of these birds had eaten a tobacco worm. Weevils, especially such as injure clover and strawber- ries, they destroy in large numbers, which is surprising, considering that these insects F1a. 13.—Four common weeds the seeds of which are are hard shelled and protect- eaten by sparrows: a, amaranth; b, crab-grass; ¢, tively eolored. They eat some ragweed; d, pigeon-grass. ; . species of leaf-beetles (Chryso- melidz) also, but refuse others. Thus they avoid the potato beetle (Doryphora 10-lineata), the two 12-spotted cucumber beetles (Diabro- tica 12-punctata and D. vittata), and the bean flea-beetle (Ceratoma trifurcata), but.consume some of the less important pests of the bean. The song, field, and chipping sparrows eat the locust leaf-mining beetle (Odontota dorsalis) and two species of striped flea-beetles (Sysiena blanda and S. elongata). 3 Se lo ee” ~ FOOD BENEFICIAL IN EFFECT ON AGRICULTURE. 25 . But although sparrows render considerable service by helping to reduce the number of insect pests, by far their most important work consists of the wholesale destruction of the seeds of weeds (see fig. 13). Each fall and winter they flock in myriads to agricultural districts and live on the ripened seeds of weeds. As they attack weeds in their most critical stage, that of the seed period, it follows that their services must be of enormous practical value. The benefits are greatest in the case of hoed crops, since among these are found the largest number of annual weeds, which, being killed by frost, must depend for per- petuation solely upon seeds. The principal weed seeds prevented by sparrows from germinating are those of ragweed, pigeon- grass, smartweed, purslane, bindweed, crab- grass, lamb’s-quarters, chickweed, and ama- ranth (see fig. 14). It is sometimes asserted that no thrifty farmer will allow these nox- ious species to ripen seed, but such preven- tion is practically impossible, because even if all the edges of fields and all waste ground could be cleared, weed patches along ditches, roads, and hedgerows would still remain to disseminate seed to eculti- vated land. It is in just these places that Sparrows congregate in greatest numbers. - Some eat more or less weed seed through- out the year, even when insects are most abundant; but their work is chiefly from early autumn until late spring, and is per- haps most noticeable in winter when the ground is white with snow. It is then that the weed patches are all a-twitter with the | busy seed-eaters. The birds form = ani- SeiyG. 14—Weed seeds commonly mated groups: perched on the stalks or eaten by sparrows: a,bindweed; darting about on the ground beneath, wind- b, lamb’s-quarters; c. purslane; , g : @, amaranth; e, spotted spurge; ing their way in and out.among the weeds. Ff, ragweed; g, pigeon-grass; h, So bountiful is the supply, and so eagerly ae * do they avail themselves of it, that the number of seeds consumed by each individual seems beyond the capacity of its little body. It is not at all uncommon for a field Sparrow to eat 100 seeds of crab-grass at a single meal. In the stom- ach of a Nuttall’s sparrow have been found 300 seeds of amaranth, and in another 300 seeds of lamb’s-quarters; a tree sparrow that was - examined had consumed 700 seeds of pigeon-grass at a meal, while a _ snowflake taken at Beaverdam, Wis., which had been breakfasting _ ina garden in March, had picked up 1,500 seeds of amaranth. 26 THE RELATION OF SPARROWS TO AGRICULTURE. English sparrows are also useful destroyers of weed seed. Thou- sands may be seen every autumn on the lawns of the Department of Agriculture feeding on crab-grass (Panicum sanguinale) and yard- grass (Hleusine indica), two weeds that crowd out good turf-making grasses. They deserve further credit for their good work in destroy- ing seed of the dandelion (Taraxacum taraxacum), which is a prolifie weed throughout the United States, especially in lawns and pastures, and is also troublesome in cemeteries. In the public parks of Wash- ington, D. C., the birds eat these seeds from the middle of March until the middle of August, but chiefly in April and the first half of May, when the lawns are full of dandelions. After the yellow bloom has disappeared the head closes and a downy tuft appears at the upper end; in this stage it is most frequently attacked by the English sparrow. The bird removes several jong scales of the inner involucre by a clean cut close to the receptacle or base of the head, thus expos- ing the plumed seeds or akenes. It seizes a mouthful of these akenes, lops off the plumes with its bill, and swaliows the seeds. In many cases, especially when hungry, it does not take the trouble to remove the plumes. Generally it drops a score of seeds in tearing open a head, and usually leaves a few clinging to the edge of the receptacle. The mutilation caused by the bird’s beak can be detected until the flower stalk dries and falls. One day I examined every stalk in a ree- tangular space 6 feet 2 inches long by 3 feet 3 inches wide. Of the 413 stalks collected 358 showed unmistakable marks of the sparrow’s bill. On the next day 293 stalks were gathered from a circle 2 feet in diameter on the other side of the lawn, and 275, or 93 percent, proved to be mutilated. These and similar observations made with varying results, covering several years, showed that at least three-fourths of the dandelions that bloom in April and May on the Department lawns are mutilated by birds. In this destruction of dandelion seeds, the English sparrow is aided by several native birds, chiefly the song sparrow, the chipping sparrow, and the white-throated sparrow. So far as observed, the native birds usually do not cut open dandelions, but simply feed on those left by the English sparrow. The song spar- row, however, is capable of getting out seeds alone; for one which was kept in captivity manipulated dandelions in precisely the same way as the English sparrow. Besides such lawn weeds as dandelions, crab-grass, and yard-grass, several others, including pigeon-grass, knotweed, sedge, oxalis, and chickweed, furnish food for sparrows. These plants are also trouble- some in other places than lawns. Knotweed (Polygonum aviculare) litters up paths and roads and grows in spots where turf is broken; chickweed (Alsine media) occurs in plowed ground; and pigeon-grass (Chwtocloa glauca and C. viridis), which is considered one of the worst of weeds in Minnesota, is found among many crops. The seeds of these weeds are eaten by the song sparrow, chipping sparrow, field 4 FOOD BENEFICIAL IN EFFECT ON AGRICULTURE. 27 sparrow, junco, English sparrow, tree sparrow, Gambel’s sparrow, and white-throated and white-crowned sparrows. Among the weeds which are troublesome in fields, especially among hoed crops, may be mentioned ragweed (Ambrosia artemisiefolia), several species of the genus Polygonum—including bindweed (P. con- volvulus), smartweed (P. lapathefoliwm), and knotweed (P. avicu- lare)—pigweed (Amaranthus retroflexus, and other species), nut-grass and other sedges (Cyperacee), crab-grass (Panicum sanguinale) and some other varieties of panic-grass, pigeon-grass (Chetocloa viridis and CO. glauca), lamb’s-quarters (Chenopodium album), and chick- weed (Alsine media). Every one of these weeds is an annual, not living over the winter, and their seeds constitute fully three-fourths of the food of twenty species of native sparrows during the colder half of the year. Prof. F. E. L. Beal, who has carefully studied this subject in the upper Mississippi Valley, has estimated the amount of seed eaten by the tree sparrow, junco, and other sparrows that swarm down from Canada in the fall and feed in the rank growth of weeds bordering roadsides and cultivated fields. He examined the stomachs of many tree sparrows and found them entirely filled with weed seed, and concluded that each bird consumed at least a quarter of an ounce daily. Upon this basis, after making a fair allowance of the number of birds to the square mile, he calculated that in the State of Iowa alone the tree sparrows annually destroy 1,750,000 pounds, or about 875 tons, of weed seed during their winter sojourn. The value of this work can best be appreciated by considering the annual loss to the farmer occasioned by the presence of weeds and the consequent reduction of cultivated crops. Mr. F. V. Coville, botanist of the Department of Agriculture, states that ‘“‘since the total value of our principal field crops for the year 1893 was $1,760,489,273, an increase of only 1 percent, which might easily have been brought about through the destruction of weeds, would have meant a saving to the farmers of the nation of about $17,000,000 during that year alone.” ? Besides tree sparrows and juncos, the most important sparrows that destroy weeds in the Mississippi Valley and on the Great Plains are ~ the fox sparrow, the snowflake, the white-crowned sparrow, Harris’s sparrow, and the different longspurs. Farther south are found the lark sparrows, and on the Pacific slope occur Nuttall’s sparrow, the golden-crowned sparrow, and Townsend’s sparrow. East of the Alle- -ghenies the most active weed eaters are the tree sparrow, fox sparrow, junco, white-throated sparrow, song sparrow, field sparrow, and chip- ping sparrow. On one of the Maryland farms visited in 1896, tree Sparrows, fox sparrows, white-throated sparrows, song sparrows, and juncos fairly swarmed during the month of December in the briers of the ditches between the cornfields. They came into the open 1Farmers’ Bull. No. 54, U. S. Dept. Agriculture, p. 28, 1897. > Bull. No. 17, Div. Botany. U. 8S. Dept. Agriculture, p. 3, 1896, 28 THE RELATION OF SPARROWS TO AGRICULTURE. fields to feed on weed seed, and were most active where the smart- — weed formed a tangle on low ground. Later-in the season the place ~ was carefully examined. In a cornfield near a ditch the smartweed formed a thicket more than 3 feet high, and the ground beneath was literally black with seeds. Examination showed that these seeds had been cracked open and the meat removed. In a rectangular space of — 18 square inches were found 1,130 half seeds and only 2 whole seeds. During the ensuing season no smartweed grew where the sparrows ~ had caused this extensive destruction. Even as late as May 13 the — birds were still feeding on the seeds of these and other weeds in the fields. Sixteen sparrows were collected on that date, and 12 of these, mainly song, chipping, and field sparrows, proved to have been eating old weed seed. So thoroughly had the work been done that diligent ‘search showed only half a dozen seeds in the field where they had been feeding. The birds had taken practically all that were not covered; in fact, the song sparrow and several others had scratched up much buried seed. In the greater part of the United States most of the song sparrows, and all but a very few of the dickcissels and field, chipping, vesper, — lark, Harris, and grasshopper sparrows, are replaced in winter by ~ snowflakes, juncos, longspurs, fox sparrows, white-throated sparrows, and white-crowned sparrows. All these birds have much the same food habits, but they differ in the quantity and kind of seed they eat. Thus, the tree sparrows, or ‘winter chippies,’ and longspurs feed largely on seeds of grasses, especially those of pigeon-grass, crab- grass, and allied species, while the white-throated sparrow in the Eastern States, Nuttall’s sparrow in the Pacific coast region, the snowflake of the northern tier of States, and the white-crowned spar- row, so abundant in the central part of the United States, particularly relish amaranth and lamb’s-quarters. The white-throated sparrow is also a great consumer of ragweed, and outranks in this regard every other sparrow except the junco. The song sparrow shows a liking . for polygonums, and in the destruction of the weeds of this genus — is the most valuable bird whose food habits have thus far been inves- tigated. During cold weather the native sparrows require an abundance of food for warmth, and it is habitual with them to keep their stomachs and gullets heaping full—so full, in fact, that if a bird be killed and shaken by the feet scores of seeds rattle out on the ground. ‘This habit, coupled with their gregariousness, greatly increases their efficiency. SUMMARY. It is hardly to be expected that such seed eaters as sparrows should - destroy as great a quantity of insect pests as birds that are entirely insectivorous. When it is found that in the food of the native spar- rows such pests average but 25 percent, it is only what might be SPARROWS IN THE FIELD. 29 expected. Still this percentage, when compared with the percentages found in the cases of some other birds, is no mean showing. The red- winged blackbird’s is less than 20 percent, the catbird’s but 16 per- cent, the cowbird’s 13 percent, and the crow blackbird’s only 10 percent. But as weed destroyers, the native sparrows are unrivaled. Ina garden within two months they will sometimes destroy 90 percent of such weeds as pigeon-grass and ragweed. After they have con- sumed most of these seeds they turn to those of other weeds, which furnish them with a bountiful supply of food all through the winter and even well into the spring. Weed seed forms more than half of their food for the entire year, and during the colder half of the year it constitutes about four-fifths of the food of many species. When the food of the native sparrows is divided into the three classes mentioned on page 16, the neutral part proves to be small, not exceeding a third of all that is eaten; the injurious part very . small; and the beneficial part much larger than that of most birds, | and from five to ten times as great as the injurious part. We may therefore safely conclude that, as a class, these small birds are well worthy of our protection. SPARROWS IN THE FIELD. Much individuality is shown by birds in the selection of their par- ticular habitats. Some species, like the meadowlark and the prairie — chicken, live out in the open; others, such as the catbird and the brown thrasher, prefer to dwell in close proximity to suitable shelter; and still others, like the bobwhite, are fond of the open, but never- theless require the presence of cover at no great distance. A similar difference in habitat prevails among the several species of sparrows, which renders them more or less complementary to one another in their work. Through the kindness of Mr. J. S. Russell, of Boston, I was enabled to make some observations during 1892 on a New England farm near the base of. Mount Chocorua, one of the southern peaks of the White Mountains. These investigations were made with a view to ascertain- ing the character of the localities selected as nesting sites by different species and the extent of territory covered by each in securing food for itself and young; also to learn what ground was covered after the nesting period had passed. The résults may be briefly summarized. A chipping sparrow was found nesting in a lilac spray over the farm- house door and feeding in the dooryard, with an oceasional foraging trip into a road leading through an adjoining pasture; a field sparrow nested in the briery lower end of this pasture; a song sparrow, in a marshy spot about 30 yards from the field sparrow’s nest; a vesper Sparrow, in a hayfield above the pasture, feeding there and in the 3007—No. 15—01——3 30 THE RELATION OF SPARROWS TO AGRICULTURE. pasture; and a pair each of white-throated sparrows and juncos in a moist lowland meadow just below the pasture. The last-mentioned birds appeared to come into contact with the cultivated crops of the farm less than any of the others, and seemed less naturally placed than some scores of other white-throats and juncos that nested about 1,000 feet higher up the mountain. When the nesting season was over and all the birds became more gregarious, field and chipping sparrows were observed in the pigeon-grass that had overspread the vegetable garden near the house; both of these species and vesper sparrows along the hayfield fence, with juncos just beyond the fence; and song sparrows, white-throats, and a few white-crowns in the moist meadow. The last three species later (the first week in October) entered the vegetable garden. In a count of the individuals found within a radius of 5 miles from the farm as a center, made during the seventy-five days from July 18 to September 20, song sparrows were noted 139 times, chipping spar- rows 138 times, field sparrows 1138 times, vesper sparrows 73 times, white-throats 58 times, and juncos 39 times. Care was taken not to count the same individual twice in a day. The chief interest in these observations is their comparison with much more extended and thorough studies pursued on a farm at Marshall Hall, Md., which has been frequently visited during the past five or six years. This farm, as has been mentioned, is situated upon the level, alluvial bluff of the Potomae, directly opposite Mount Vernon, Va. On the brink of the bluff stand, at intervals along several hundred yards of sandy road, a farmhouse, a horse barn, a cow barn, and a negro cabin. Mowing land, pasture lots, and fields where corn, wheat, and tobacco are grown, extend back from the river for a third of a mile. Out in the arable land is a storage barn. Between this barn and the river runs a bushy ditch that courses almost parallel to the river for the greater part of its length and then turns to empty into it by means of a swampy timbered outlet beyond the negro cabin. | On these two farms, so different in feature—one beside a Southern river, the other on a slope of a New England mountain—the same characteristics are found to mark the habitats of the various spar- rows. In summer, song sparrows live in the swampy outlet of the ditch, all along the beach of the river, and in a wet blind gully cut into the bluff just above the farmhouse, but frequently leave their almost aquatic habitat and ascend to the top of the locust-fringed bluff in order to forage in the road and about the buildings for kinds of food not plentiful along the river shore. Chipping sparrows breed about all the buildings of the farm, but have never been observed on ff the beach or in the swampy indentations of the shore line. Several nest in a pear orchard hundreds of yards distant from any waterway. Field sparrows rear their young upon poor, worn-out land of the farm, SPARROWS IN THE FIELD. 31 usually amid the broom sedge and briers of the upland, and at no great distance from cover. Some dwell along the draining ditch previously referred to. The favorite resort, however, seems to be a small clay knoll overrun with dewberries and hemmed in by trees on a part of the bluff 200 yards from the nearest buildings. At the edge of the bluff they are sometimes mingled with song sparrows that come up from the beach. Chipping sparrows are never found with them at this point. Several pairs of grasshopper sparrows have their homes in the hayfield, which extends back from the bluff, and one or two pairs build in an adjoining briery old cornfield. All of them prefer dry, grassy fields devoid of the cover which many other birds find essential. No song or chipping sparrows enter very far into the timothy, and field sparrows that occasionally venture in a little way keep near the ditch. English sparrows breed in the gutters of the house, in an abandoned dovecote, and in holes of trees standing in the dooryard. They feed wherever grain is obtainable. This rough description of the habitats of the several kinds of spar- rows will make clearer a more detailed consideration of the summer food habits. Song sparrows during the breeding season run along the sandy and pebbly beach of the Potomac and investigate the aquatic vegetation east up by the water and the logs and other débris left by the tide. Here they secure certain kinds of ground-beetles which live at the water’s edge, running spiders of such species as are plentiful on the beach, aquatic snails, dragon-flies, and May-flies, as well as their favorite food, the seeds of the various polygonums, which generally grow in moist places. In the gully above the farmhouse they obtain blackberries, wild cherries, and mulberries. So far as my rather limited observations go, this fruit is picked up from the ground—a method that if habitual justifies a higher economic rating of song sparrows; for during berry time about 10 percent of the food of song sparrows is furnished by cultivated patches of blackberries and raspberries, and if the fruit thus destroyed is entirely or chiefly that lying on the ground little damage is done to the crop. The song sparrows which breed in the catbriers of the gully beside _ the house and the honeysuckle-draped shrubbery of the almost per- pendicular face of the bluff in front of the house make frequent journeys to the dooryard and vegetable garden. One pair of song Sparrows built in a bush in the center of the garden, and were con- stantly seen in company with chipping sparrows, hopping about on the ground among the beans and cabbages. Song sparrows fed also along the road on the brink of the bluff. In the weedy growth of the roadside which was a few inches high and consisted of cropped grass, a little clover, and many such weeds as chickweed, knotweed, lamb’s- quarters, oxalis, sheep sorrel and rib-grass, they picked up weevils and other beetles, and caterpillars, besides some of the lamb’s-quar- os, “2 aot 5 B2 THE RELATION OF SPARROWS TO AGRICULTURE. = = ters and knotweed, and in the adjoining field they found the seeds of — pigeon-grass, crab-grass, and paspalum. It was a common sight | during early summer to see them hunting along the two rows of knot- weed in the road, and every now and then scratching in the sand for — seeds, which they speedily devoured with apparent relish. One day, 5 after a storm, I noticed a song sparrow searching and picking amid — the black débris of vegetable matter left in the road by the water. I — examined the débris and found in it several seeds of last season’s — lamb’s-quarters. Chipping sparrows hunt industriously through the same roadside — vegetation, and some that were collected were found to have eaten | weevils, grasshoppers, leaf-beetles, knotweed, oxalis, and chickweed. One bird that I watched with a telescope picked off some of the hun- — dreds of midges resting upon a knotweed plant, and subsequently plucked caterpillars, leaf-hoppers, and ants from other plants. Chipping sparrows, unlike song sparrows, are given to foraging out — in plowed fields—a habit which increases their usefulness on the farm. Four of these birds were collected on May 29 (1896) from the middle of a field newly plowed for tobacco. They had eaten largely of timothy seeds, and less freely of weevils, click-beetles, and two kinds of leaf-beetles (Odontota dorsalis and Chetocnema denticulata). Two years later this field was in hay, and although grasshopper Sparrows bred in the high standing grass, chipping sparrows were — not seen there until the crop was harvested, when they spent much ~ time hunting in the stubble. On one August day three chipping sparrows were noticed well out in the stubble, darting up into the air — and catching winged ants (Solenopsis molesta), which floated over the — field by millions. These insects have stings, spines, and formic acid, — three of the devices supposed to repel birds; yet the three chipping ~ sparrows secured 21 ants in 20 minutes, and several English sparrows | and a score of bank swallows were also cbserved greedily devouring them. Some song sparrows came up from the beach and ran a little way into the hay stubble; and although they were not actually seen feeding on the ants, it seems probable that they also availed them- selves of this abundant and easily accessible food supply. g In the pear orchard a score of chipping sparrows were observed dur- 2 ing the last week of August (1898) destroying the seeds of an abun-— | dant growth of crab-grass that was choking the truck crops among | the pear trees. They were also eating the seeds of climbing bind- | weed, spotted spurge, purslane, and oxalis. The exact method of — procuring the crab-grass seeds, still in the milk, was as follows: The birds hopped up to fruiting stalks and, beginning at the tip — of one of the spikes, bit and chewed the seeds, gradually moving . _ their beaks along to the base. On finishing one spike they imme- — diately commenced upon another. Usually they didnot remove their beaks until the base was reached, though some, especially birds of — SPARROWS IN THE FIELD. 33 the year, would seize a spike by the middle, munch the seeds a few ‘2 seconds, and then pass to the next. Pigeon-grass was treated in like manner. The seeds of these two grasses are more commonly eaten 4 by sparrows later in the season after they have dropped te the ground. _ ‘Twenty or thirty chipping sparrows were. observed on June 16 . {1898) about a field of ripening wheat that lay back from the river. Some of them had doubtless bred near the field, but some had come _ from the buildings along the river front. They often flew out into the wheat—100 yards from the fence—to a luxuriant growth of rag- weed, and destroyed many beetles (Systena blanda), pests that proved. _ very injurious during the next season. Several field sparrows were: _ also noted, but these did not accompany the chipping sparrows into the wheat field, but stayed chiefly among the weeds and briers of an. _ adjoining old cornfield. 4 Field sparrows showed no striking differences from chipping spar- 4 rows in diet, for, although the nesting sites of the two species were 4 quite distinct, the feeding ranges constantly overlapped. One pair 4 with recently fledged young, however, occupied a weedy old tobacco 2 seed-bed among the woods, hundreds of yards from the nearest point at - which chipping sparrows occurred. Here the old birds were eating ' erab-grass and feeding their young on caterpillars and grasshoppers. ' On one day early in September a flock of 15 field sparrows was observed moving from point to point beside an osage-orange hedge - that extended back from the river several hundred yards. The birds were feeding on crab-grass that grew along the hedge, but every now - and then one would spring up into the air and seize a braconid (Melanobracon), numbers of which continually flew about amid the a herbage of the field. Braconids, often erroneously called ichneumon | flies, are of much value earlier in the season owing to their attacks | on caterpillars. | Field and chipping sparrows sometimes feed together near water ie. courses. In such case I always found song sparrows feeding with | them. During August (1898) the three species were frequently | together in a tobacco field beside the negro cabin. This field was so infested with tobacco worms that the crop for that year had already oe Prag bas 2) we weeds and attack crops, their destruction is of more benefit -tham - injury. Field sparrows were found feeding in the cornfields from | the time the corn tasseled until it was harvested. They were also | partial to briery old cornfields, where they were often associated with ty grasshopper sparrows. Chipping sparrows fed in cornfields, old or | growing, only when they were near buildings, and song sparrows: “never entered them except in the vicinity of a water course. sustained a loss of 50 percent; but none of the sparrows appeared to. | molest the worms, which perhaps were larger than they could con-. | veniently handle, but fed chiefly on such insects as subsist on the weeds of the tobacco field. As these insects at times forsake the: 34 THE RELATION OF SPARROWS TO AGRICULTURE... Grasshopper sparrows, the most insectivorous of all eastern spar- rows, are birds of the open fields, just as many of the other species are birds of the hedgerows. One or two pairs chose for their breed- ing grounds one of the old cornfields just mentioned and raised their families amid the brier tangles that claimed the field. No notes were made of the feeding habits of these. Several pairs, however, that nested in the adjoining hayfield were carefully studied. Among the different insects fed to their young were grasshoppers of the genera Hippiscus, Dissosteira, Melanoplus, Scudderia, and Xiphi- dium; cutworms, army worms, and various related larve; such bugs as Alydus pilosulus and Hymenarcys nervosa, and various spiders, including Oxyopes salticus. The parent birds ate spiders and grass- hoppers of the same kinds, with beetles of the genera Systena, Sitones, and Afenius, and such bugs as Alydus, Corizus, and Trichopepla semivitiata. The record of the English sparrows at the Marshall Hall farm shows nothing to their credit. They have redue.d the wrens in num- ber, completely crowded out the bluebirds,‘and have stolen many of the nesting burrows in the exposed face of the bluff properly belong- ing to the bank swallows that daily come to the farm to circle over the fields for insects. Their slight value as insect destroyers could very profitably be dispensed with if the services of the indigenous species which they have driven away could be restored. Their num- ber seems to vary from 30 to 200. Each night they roost with the chickens among some cedar trees by the house, and in the daytime usually feed with the chickens and hogs or glean grain around the various buildings of the farm, particularly the corncrib. Such food as they secure in the field is usually grain, but very rarely weed seed. They damage the ripening oat and wheat crops, partly by pilfering” the grain, but more by breaking down the stalks, and join the crows in their attacks on corn in the milk, though in this case they are able to do but little harm, ‘Their habits contrast strikingly with those of the several native species frequenting the farm. . The summer observations on the two farms, especially on that at Marshall Hall, give interesting and suggestive data concerning the relation of the native sparrows to agriculture. They show that the nesting habitats of the different species are so distinct and varied as to be complementary to one another. Chipping sparrows nest around the buildings, field sparrows in worn-out fields and briery pastures, vesper and grasshopper sparrows in level hayfields, and song spar- rows in gullies and moist meadows and along waterways, while juncos and white-throats have their nesting places in the high, lonely moun- tain clearings of the north. The ranges of the various species become less distinct after breeding time is over; but, though they blend and overlap, each species seems to continue its own peculiar work. During this period chipping sparrows cover a wide range—garden, SPARROWS IN THE FIELD. 35 orchard, roadside, and far out in ploughed land and stubble-fields; song sparrows frequent gully, thicket, bluff, and river shore, and make forays into garden and field; field sparrows are found in waste land and cornfield, and at times in garden and hayfield, and vesper and grasshopper sparrows far afield in the midst of grass and other erops. Each renders important service, and all together, by supple- menting one another, are of very great value to the farmer. In their regular feeding habits sparrows and other birds are con- stantly engaged in keeping the flood of insect life within bounds, each, as here shown, having its own separate field of work; but when, as sometimes happens, any particular kind of insect overflows its usual limits and threatens to disturb the normal distribution, all the birds often seem to abandon temporarily their accustomed fields and unite in overcoming the invasion. ‘Two instances of this kind came under observation on the Marshall Hall farm. In 1895 the locust leaf-mining beetles (Odontota dorsalis) became overabundant and turned the beautiful green of the locusts fringing the bluff into an unsightly brown. All the birds, including the sparrows, ate these beetles freely and constantly, and largely aided, by their united attack, in reducing the beetles in number to such an extent that they have not appeared subsequently in sufficient force to repeat the dam- age. Again, during May, 1899, the May-fiies, which emerged from the river, became a plague, alighting upon the farm buildings and literally eovering them, frightening the horses, annoying the workmen, and infesting the farmhouse in such swarms that it was well-nigh unin- habitable. Practically ali the birds of the farm fed .on them, and in a large measure reared their young upon them, and by this means reduced them to their normal level. May-flies do not ordinarily become obnoxiously abundant, but when they do even their function in furnishing subsistence to valuable food fishes does not save them from being ranked as pests, the destruction of which is beneficial. In order to study the feeding habits of sparrows during cool weather, the Marshall Hall farm was visited in the middle of Novem- ber, 1899, when heavy frosts whitened the ground every morning. The chipping sparrows and grasshopper sparrows had left for warmer latitudes, but in their places were throngs of tree sparrows, white- throated sparrows, juncos, and fox sparrows, which had come down from the north. A few savanna sparrows were also noted. Field Sparrows were present in fully as large numbers as they had been during the breeding season, while song sparrows appeared even more abundant. The sparrow family, as a whole, was several times more numerous than it had been during the summer. The several species were extremely shy, and nearly all kept very close to cover, in marked contrast with their comparative indifference during the breeding season. Hedgerows or other shelter seemed usually essential to their presence, and but for the bushy ditch and aE THE RELATION OF SPARROWS TO AGRICULTURE. osage- orange hedge iti is doubtful 1 ‘most of the species. would have been found at all in the largest fields of the farm. ‘The juncos and field sparrows, showed. somewhat, less of - this dependence, the latter being sometimes observed feeding 50 to 75 5 yards from. cover; and the few savanna sparrows observed, as is usual with that species, ranged freely over the broadest fields. The reason for the rule of keeping close to shr ubbery, of. some kind became evident one morning, when a, flock of 30 sparrows that was feeding a few paces from the cover of the brink of the bluff suddenly rose and seurried to the bushes just in time to escape a sharp-shinned hawk, which had _noiselessly swooped down on them. They were so often menaced by this enemy and the closely allied Cooper’s hawk that they did not dare to seek their food far from protecting vegetation. The different species of Sparrows appeared to mix indiscriminately, but close inspection disclosed-flocks within flocks. The song sparrows and white-throated sparrows mingled freely, but the junecos and the fox sparrows, and to a lesser degree the field and tree sparrows, were generally grouped separately. These flocks, however, often fed in company with the other kinds. The ranges of the different species on the farm were, therefore, not so distinct as they were in the case of breeding birds; but certain preferences in the selection of feeding grounds were shown by the various species. A seore of field sparrows with deeidedly clannish instincts were always to be found upon the high clay knoll which had formed a nesting site for this species, and there was a smaller flock along the ditch in which field sparrows had also bred during the summer. Tree sparrows habitually resorted to this same ditch at a point somewhat nearer its, outlet. The land occupied by these two species was poor and supported a rank growth of broom sedge. White- throated sparrows and song sparrows, although found to some extent — along the ditch, usually frequented the tangled underbrush of the narrow strip of trees fringing the bluff. Juneos often associated with these two species, and at times flew over and fed in company with ‘one or the other of the two flocks of field sparrows. They exhibited a peculiar habit of using a big cedar tree in the middle of an old cornfield, just as the other sparrows resorted to a hedgerow for pro- tection. Vesper sparrows were observed destroying many weed seeds: in the open fields. Thus field sparrows occupied their summer quarters, and tree spar- rows chose similar locations, and showed a resemblanee to field spar- rows in their liking for broom-sedge fields; song sparrows inhabited much the same places as in summer; juncos habitually fed far afield, while, strange to say, white-throated sparrows, the summer associates of the juncos in the New England mountain clearings, were found im a different habitat and in company with another species, the song sparrows. ie reas, ee a SPARROWS IN THE FIELD. ? 3 - Some interesting notes on the feeding habits: of sparrows were ‘obtained through these autumnal visits. Out in a cornfield, farther from cover than many of the birds would venture, a flock of juncos “was found picking from the ground the fallen seeds of the pigeon-grass : 3 which had overspread the field. Beside the road along the bluff,, =. where there was a fringe of Virginia wild rye (Hlymus virguucus) and! tall redtop (Sveglingia sesleroides), juncos were also observed eating; the seeds of these grasses in company with white-throated and song; ‘sparrows. They picked up most of the seeds from the ground, but took a few from the stalk. Where the seeds were covered by fallen leaves they scratched the leaves away, unlike crows, which use their large beaks in such cases. The same three species were grouped together in a wheat-stubble field which had grown up to ragweed, “where they were securing the ragweed akenes that had dropped to the ground. These birds were watched with a powerful field glass and were seen to crack the akenes, drop the dry shells, and swallow the meaty part, a process that clearly precluded any subsequent ger-. ‘mination. On the bare knoll already mentioned was a growth of xed-. ‘sheathed rush grass (Sporobolus vagineflorus) and poverty grass: (Aristida), and here field and tree sparrows were scattered abot: the. ‘ground feeding on the fallen seeds of these grasses. - One or two of the fields were overgrown with broom sedge, the seed-. buoying plumes of which, when lighted up by the low sun, gave a, frost-like brilliancy to the reddish straw-colored mass beneath. Field: | Sparrows and tree sparrows were also found here, and as they swayed! on the tops of the stalks, taking seed after seed, they would disengage the light plumes, which would float away empty. Sometimes the-birds: on alighting on the plants would bend them to the ground and would. hold them down with their feet as they picked out the seeds, but not often would they otherwise feed from the ground. Out in the middles of the fields of a dozen acres: er more a few Savanna sparrows were observed, which, with ten or twelve quail and fifty or sixty meadowlarks, were busily reducing the weed harvest. Vesper Sparrows were sometimes associated with them and seemed equally independent of shelter. Apart from these there were few that fed far from cover, the juncos in the cornfield and the field and tree sparrows in the broom-sedge growth, which sometimes were found 50 to 75 yards afield, forming practically the only exceptions. A The white-throated, fox, and song sparrows undoubtedly fed en, wild fruits, but it was very difficult to observe them in the ac A, flock composed of these species was observed in a tangle of vings.that . grew along the bluff. Several white-throated sparrows were,noted. ascending high up into a butternut tree entwined with wogdbine and | wild grape and feeding in company with a flock of cedar.birds on the, ‘uits of these two vines. Another white-throat was.seen to eat a, | pok eberry, and a song sparrow a berry from a woodbine which, hung» . st / 38 THE RELATION OF SPARROWS TO AGRICULTURE. so low as almost to touch the ground. That several species of spar- rows feed on berry seeds has been shown by stomach examination, and this habit may account in a measure for the birds’ spending much of the time among such tangled thickets of fruiting plants. A heavy fall of snow on February 17, 1900, made possible the study of the feeding habits of sparrows under typical winter conditions. Unfortunately it was not feasible to visit the farm on which observa- tions had thus far been made, but a neighboring farm on the same bluff afforded ample opportunity for investigations. Here much of the land is given up to market gardens and orchards, with a conse- quent superfluity of weeds, which, with the admirable cover afforded by two slightly timbered bushy brooks that converge to enter the river © in a swampy outlet, furnishes a good locality for sparrows. Between the two brooks, in a potato field grown up to ragweed, ama ranth, and lamb’s-quarters, a score of tree sparrows, song sparrows, and juncos were busily feeding. Most of the ragweed akenes lay buried under a foot of snow, very few clinging to the stalks. An abundance of the seeds of lamb’s-quarters and amaranth was, how- ever, available. The birds seemed to prefer the ragweed, but they also ate large quantities of the others. While some fed from the tips of sprays, others hopped about on the snow and picked from the lower branches. So thick were bird tracks in the snow in one part of the field that in a space 50 yards square it would have been difficult to find many places a square yard in extent that were untracked by the tiny feet. Mouse tracks were also noticed, but these were so few that the extensive destruction of seeds shown by the amount of chaffy débris on the snow was evidently due almost entirely to the sparrows. The tree sparrows were the most habitual stalk feeders. They pitched down here and there in flocks to feed on the seeds of the straw-colored broom sedge (Andropogon virginicus), and then would journey on, sometimes half a mile, till they came to another patch of the same grass. They often picked from every stalk before passing on to other feeding grounds. Trequently two birds would be seen feeding from a single stalk, while a third would be hopping in the snow below searching for seeds shaken down or accidently dropped. The snow was blowing in clouds across the fields and these northern birds seemed more at home in their wintry surroundings than any of the other sparrows. This adaptability to snowy conditions makes them extremely useful in supplementing the work of other birds which are not habitually stalk feeders, and which, therefore, must be less efficient weed-seed consumers when the ground is covered with snow. It was expected that the snow would force all the sparrows to stalk feeding, but such was not the case. Most of them fed, in company with cardinals, doves, and meadowlarks on the bare bluff, which was swept clear of snow by a gale that blew across the Potomae at a rate of from 20 to 40 miles an hour, and where their feeding ground was a i. a Toe 8 he eee 7p a oF. ee ee ee ee! bo ee os : 2 ee - a SPARROWS IN THE FIELD. 39 closely cropped pasture of Bermuda grass with comparatively few seeds. Here they gathered such sustenance as they could secure, keeping their heads to the blast and looking like so many trout head- ing upstream. They apparently preferred to battle with these adverse conditions rather than feed from weed stalks, which offered plenty of food in sheltered situations. They seemed to have no regard for cover. Out in the pasture they hopped about ravenously eating seed after seed, hunger having apparently driven away all fear. Moro than 200 were thus engaged, chiefly juneos and tree sparrows, but with song sparrows, white-throats, and field sparrows also present. They covered the pasture completely, and by consuming an enormous quantity of the seeds of the Bermuda grass, or wire-grass as it is locally known, prevented in a measure the blowing of the seeds to truck land, where this grass is the worst weed of the farm and entails an annual expense of $200 to the owner. During the two following days the wind, together with some melt- ing, caused bare spots to appear in the snow on the truck land and orchards beyond the pasture. The sparrows straightway left the wire- grass for the crab-grass, ragweed, and lamb’s-quarters that abounded in the truck land and orchards. Ground feeding proved to be the habitual method, although the white-throats and a song sparrow were seen feeding on ragweed stalks, and a junco and a tree sparrow on those of lamb’s-quarters. Most of the sparrows fed on crab-grass wherever it was exposed, and they flocked so thickly in it that one might have collected several with a single discharge of ashotgun. 27 nan i (E: j ats ——_2 2, iii MI 1A (3 Sahl Vy 1 Sali Z Hf ii fil ot Pah g a mi oi i 47 if. WY i u 1; af Hy) See j — f 5 — | } fj Ws = f eS ok A Heit Wh Allie = Wilgah WA Ab ae 8 ys ae, Mia ff alias Ta AUIS F I, wa HIE ff; ih i y ak asi tik i Wy AA iy 3, r Ff Ferd xs B CANA 4 at Li} OPV) BER E> } fe TRON j i i Gs) y ffi NSU i p . » th! ° Lin ne! Fs q if i) : AN ) YATE EE AG * = Stele 4 ee LE ~~ = Pe ~ =—S = ; Z Z ~ ee ? Lt Za : =n Ae Ss Z —s ~ < SSS SN —SSS=— a ——— = ——— = hs = RW WS 1°, 1 » = == — > —— Zs = — = 24s = Mm Ny Le iG. bs. bee sparrow. and prairie regions of the United States. It is found in open country a from the Pacific coast almost to the Alleghenies and from British | Columbia and Manitoba as far south as Mexico and Guatemala. The white feathers in its tail suggest the vesper sparrow, a bird with which it agrees quite closely in habits and habitat. It is strikingly marked LARK SPARROW. 67 : anda very fine songster, two qualities that have caused it to become a favorite cage bird. Its food habits have been investigated by the examination of the - contents of 167 stomachs, collected during every month in the year except March. Most of these stomachs were collected in Kansas, - Texas, and California, but a number were taken in the Dakotas, - Michigan, Iowa, and the Province of Ontario. The food consists of animal matter (all insects) 27 percent, and vegetable matter (all seeds) 75 percent. The lark sparrow is, with the exception of the dickcissel and grass- hopper sparrow, the most valuable grasshopper destroyer of all the native sparrows. More than half of its animal food (14 percent of the total) consists of these insects, and in June they constitute 43 per- cent of the diet. On the prairies and plains this bird does much good in helping to check invasions of the Rocky Mountain locust. The preponderance of grasshopper food in the diet dwarfs the other ele- ments of the insect fare, which is rather less in proportion than is - usual with sparrows. A fair quantity of weevils was found in the stomachs, but other beetles as well as caterpillars appear far below _ the general average, although in its elements the animal food conforms well with that of other species of sparrows. é _ The vegetable food is of especial interest. One-half of it con- _ sists of the seeds of grain and grass, a fact which fully sustains the _ bird’s specific name of grammacus. Pigeon-grass is largely fed on, but a marked partiality is likewise shown for-grasses of the genus Panicum. The seeds of Johnson grass are also eaten freely, espe- cially in the case of birds collected in Texas in December. The total consumption of the seeds of various grasses during the year amounts to 21 percent of the food. The lark sparrow is more of a grain eater than the majority of other | _ native sparrows; corn, wheat, and oats constitute 13 percent of its diet. The greatest part, however, is secured in winter; the maximum amount, 42 percent, is eaten in January, and grain constitutes 28 per- cent of the February food; hence, much of it must be picked up as _ waste. ‘The birds collected during April, May, and September, when _ grain is usually sown, had eaten nothing but weed seeds and insects, _ which seems to show that the lark sparrow takes no part in the dis- _ turbance of newly sown grain, so annoying in the case of some spe- _ cies of grain-eating birds; and though cereals form 19 percent of the food of July and 12 percent of that of August, no complaints of dam- age to harvests have been received by the Department, and it is likely that much, if not all, that is taken at this time is picked up from ; the ground, and that its grain eating is therefore of little consequence. The most peculiar feeding habit of the lark sparrow is its partiality 3 for the seeds of leguminous plants, such as those of cassia, clover, and _ alfalfa, which are freely eaten. They form 8 percent of the food for 68 THE RELATION OF SPARROWS TO AGRICULTURE. the entire year, but this percentage is probably larger than it would have been had the stomachs which were examined been collected from ‘more localities. Most of the birds that had eaten largely of these seeds were obtained during the months of November, December, and January in southern California, and to quite an extent from newly sown alfalfa fields. About half of the remaining 30 percent of the food consists of rag- weed and polygonum nearly equally divided, while the rest is made up of a variety of weed seeds, among which those of wild sunflowers and purslane appear the most prominent, while wood sorrel (Oxalis), lamb’s-quarters, and amaranth play a minor part. From this investigation it appears that the lark sparrow merits a high place among the useful tenants of the farm. The weed seed destroyed more than twice outweighs the grain consumed, which, as shown, is probably not taken ina harmful way; and beneficial insects do not rise to 1 percent of the food, while injurious insects amount to 25 percent. HARRIS’S SPARROW. (Zonotrichia querula. ) Harris’s sparrow occurs from Saskatchewan south to Texas, and is not found regularly west of Montana or east of Lllinois. It rivals the fox sparrow in size, and is of most striking appearance in its summer dress, with its glossy black crown and throat, large reddish beak, and bright coat. of the usual sparrow mixture of colors. In winter the black is lost from the plumage and the bird resembles a long-tailed immature male English sparrow. In habits Harris’s sparrow is most like its two congeners, the white- throated and white-crowned sparrows. Nehrling speaks of observing it in Texas during November mixed in with flocks of thousands of juncos, white-crowned, ard field sparrows. In these flocks there were seldom more than six to twelve Harris’s sparrows. He caught several and kept them in confinement. They became tame and relished grasshoppers, moths, beetles, millet, kafir corn, and canary seed. One hundred stomachs have been examined, which were collected principally in Saskatchewan, Kansas, and Texas, from October to May, inclusive. As is the case with many of the birds that breed for the most part to the north and merely winter with us, the stomach con- tents are chiefly vegetable in character, the animal matter amounting to but 8 percent. This 8 percent comprises about the same kinds of insects, spiders, and snails that enter into the fare of other sparrows, but the quantity of leaf-hoppers is unusually large (2 percent of the food), a taste which this sparrow shares with the sharp-tailed sparrow and Thurber’s junco. Of the vegetable food, 25 percent is made up of the seeds of wild fruits and various miscellaneous plants of uneer- tain economic position; 10 percent of grain, which includes rather WHITE-CROWNED SPARROW. 69 more corn than wheat and oats and is chiefly waste kernels; 9 per- cent of grass seed, mainly pigeon-grass, crab-grass, June grass, pas- palum, and Johnson grass; 6 percent of the seeds of amaranth, lamb’s- quarters, wild sunflower, and gromwell, and 42 percent of ragweed and polygonum. These figures indicate that it is advisable to afford this species all possible encouragement and protection. WHITE-CROWNED SPARROW. (Zonotrichia leucophrys, Zonotrichia 1. gambeli, and Zonotrichia 1. nuttalli.) There are three subspecies, or geographic races, of white-crowned sparrows. The first that was described, Zonotrichia leucophrys, is a bird of the Hudsonian life zone, breeding in the very high moun- tains of the western United States and eastward to Labrador and the Hudson Bay region. In winter it is found throughout the United States and as far south as the valley of Mexico. The second subspe- cies, Gambel’s sparrow (Zonotrichia leucophrys gambelt), is not found east of the Great Plains, and breeds to the north of the United States. The third subspecies, Nuttall’s sparrow (Zonotrichia leucophrys nut- _ talli), is confined to the Pacific coast region, os occurs from British Columbia to Lower California. Two hundred and seventeen stomachs of these three subspecies, col- lected during every month of the year except August, have been exam- ined. One-fourth of the food contained in these stomachs was found to consist of animal matter, and three-fourths of vegetable matter. The animal portion resembles that of other sparrows in character, but differs somewhat in the proportions of the various constituents. Cat- erpillars form 9 percent of the total food, or more than one-third of the animal food, which is in excess of the usual proportion of these pests - found in sparrow stomachs. Ants and parasitic wasps amount to 6 percent of the total food, also an unusually large proportion. The _ percentage of beetles (5 percent) is, on the contrary, rather below the average; and that of grasshoppers (1 percent) is remarkably small. The remaining 4 percent of the animal-food is composed of spiders, bugs, and miscellaneous insects in the usual proportions. The vegetable part of the food consists of 51 percent of weed seed, 15 percent of grain, 4 percent of grass seed, and 5 percent of fruit. The amount of grass seed consumed is noticeably smaller, while the fruit element is noticeably larger than is common in sparrow food. This fruit-eating proclivity and apparent lack of appetite for grass _ seed and grasshoppers characterizes the food habits of all the spar- _ rows of the genus Zonotrichia. Owing to marked differences of food habits among these three sub- 4 species of white-crowned sparrows, it is desirable to consider each separately, though the limited material, especially in the case of gam- beli, renders cautious conclusions necessary. 70 THE RELATION OF SPARROWS TO AGRICULTURE. Ninety-four stomachs of the typical white-crowned sparrow (Zono- trichia leucophrys) have been examined. They were collected from September to May, inclusive, in Connecticut, Michigan, Illinois, lowa, Kansas, Texas, and the District of Columbia. Like most of our north- ern sparrows, this species subsists during the winter almost entirely on seeds. Its tendency to become somewhat insectivorous in warm weather is indicated by the fact that 11 percent of the food in May and September consisted of ants, caterpillars, weevils and other beetles, and spiders. If stomachs could have been collected during the summer months, the proportion of the insect part of the food would, no doubt, have been much larger. Of the vegetable fare, grain possesses the first interest. It consists almost entirely of oats, although in a few exceptional cases corn or wheat had been picked up. Grain was found in a quarter of the stomachs examined, and amounts to 12 percent of the total food for the year. In May it attains its maximum of 27 percent, indicating the presence of the habit of feeding in newly sown fields, though no direct evidence of this fault has been had and it is possible that the grain is largely or entirely derived from scattered waste grain. The small grass-seed item includes crab-grass and other panicums, pigeon- grass, and the Johnson grass of the South, which forms a part of the diet of the lark sparrow and Harris’s sparrow. Ragweed is as important as grass seed is unimportant, consti- tuting 20 percent of the entire food. Amaranth, lamb’s-quarters, chickweed, gromwell, and wild sunflower are also included in the weed-seed element of the food. Fruit did not occur to any appreciable extent in the stomachs exam- ined. Audubon states that as this sparrow passes down into the United States it feeds eagerly on grapes,! but no especial damage of this kind has been reported to the Department, and only 5 of the 94 stomachs contained any fruit, and they only elderberries and black- berries. This of course is merely negative evidence, and further exam- ination may confirm Audubon’s observations. Warren has noted a peculiar habit of this species in eating the blossoms of bushes and trees when it was migrating north in the spring. By way of summary it may be stated that the total damage which this beautiful sparrow accomplishes appears from the present investi- gation insignificant when compared with the service it renders in reducing the weed-seed harvest. Our knowledge of the food habits of Gambel’s sparrow (Zonotrichia leucophrys gambeli) is exceedingly meager. Only 23 stomachs were available for examination, and 11 of these were collected on Saturnia Isiand, British Columbia, during the month of April. The remainder were taken in Arizona, Utah, Montana, and the Dakotas, during the months of April, May, September, and October. ‘Birds of America, Vol. IIT, p. 159, 1841. - WHITE-CROWNED SPARROW. vt The bird appears, as well as can be judged by means of this limited material, to be much more insectivorous than the typical white-crowned sparrow. In fact as much as 70 percent of the food contents of the stomachs collected on Saturnia Island consisted of insects. Spiders and sand fleas (Amphipoda) were also eaten. Cutworms and closely allied smooth caterpillars form half of the insect food, while beetles, including ground- and leaf-beetles, weevils (Rhynchophora), scara- beeids, and lampyrids (Podabrus), and such insects as ants and useful wasps make up the remainder of the food. These highly insectivorous habits appear surprising when the date of collection of half of the stom- ~achs is considered. It is probable, however, that on Saturnia Island insects are obtainable much earlier than at an inland station of the same latitude, because of the comparatively mild climate of the coast. The vegetable food proved interesting for two reasons. In the first place only one bird had eaten grain, and in the second place not one had touched grass seed. The latter fact appears in harmony with the habits of all the members of the genus, but the former is unexpected and in striking contrast with the habits of Nuttall’s sparrow. The miscellaneous weed-seed element of the food includes chickweed, lamb’s-quarters, wild sunflower, polygonum, and dock. A few violet and mallow seeds were also found in the stomachs. | With regard to the food of Nuttall’s sparrow. (Zonotrichia leuco- phrys nuttallr) it is possible to speak more authoritatively since 100 stomachs of this subspecies have been examined. These were col- lected in California during all the months of the year except August and September. _ The summer food of this bird is of especial interest, as it affords the only clew had to the food habits at this season of the other two subspecies. A dozen stomachs were collected during June and July, which contained 43 percent of animal matter and 57 percent of veg- -etable matter. The insect material is distributed as follows: Orthop- tera, together with larval Lepidoptera, 4 percent; Coleoptera, 9 per- cent; Heteroptera and Jasside, 7 percent, and Hymenoptera, 23 per- cent. Click-beetles, weevils (Rhynchophora), lampyrids (fireflies and their allies), dung-beetles (Aphodius), and leaf-beetles make up the bulk of the beetles. The 23 percent of Hymenoptera, which for any Sparrow is unusually large, is composed for the greater part of useful parasitic species, and so must be counted heavily against the bird. During cold weather this bird becomes a seed eater. In fact, from October to February nine-tenths of its nourishment is derived from erain, weed seed, and the seeds of plants of little economic impor- tance. As with the preceding species, no grass seed iseaten. Owing to this apparent distaste for grass seed and to the absence of rag- weed from its habitat, it seems to be forced into eating the seeds of lamb’s-quarters and amaranth, which are usually a second choice with sparrows. So freely does it eat the seeds of these two weeds a THE RELATION OF SPARROWS TO AGRICULTURE, from October to February that 35 percent of the food is composed of nothing else. No other sparrow, except the snowflake, takes these noxious seeds to any approximate extent. The only other weed seeds devoured in quantity by Nuttall’s sparrow come from such. legumi- nous plants as cassia, and from purslane and plants of the pink family. The one character that chiefly.serves to distinguish this spar- row from its brethren is its inordinate appetite for grain. It seems to prefer oats, but will take corn, wheat, or barley whenever an opportunity offers. The cereal element in the stomachs collected from October to February, inclusive, forms 39 percent of the total contents, and in January attains a maximum of 50 percent. The grain is obtained from newly sown fields, from standing grain, and from the harvest field where it is picked up from the stubble. The greater part of the birds whose stomachs contained the largest proportion of grain were collected in newly sown fields. Dr. T. S. Palmer has repeatedly observed this sparrow in large flocks on newly sown land and apparently causing damage. With this bad record in the grainfield and with the destruction of an unusually large proportion of valuable parasitic wasps to be charged against it, the value of this white-crowned sparrow of the Pacific coast is open to question. The only real offset to this damag- ing record is to be found in the destruction of weed seeds, particu. larly those of lamb’s-quarters and amaranth. But, full weight being allowed to this credit, the bird seems to be the least beneficial of any thus far considered. WHITE-THROATED SPARROW. (Zonotrichia albicollis. ) The white-throated sparrow (see frontispiece) is as characteristic of the Canadian zone as the typical white-crowned sparrow is of the Hudsonian. It breeds in the northern tier of States west to Montana and north into Canada, migrating in autumn into the middle Eastern States, some individuals going as far south as Florida and Mexico. It closely resembles the white-crowned sparrow in appearance and habit, but its song is distinctive, consisting of a high, plaintive, drawn-out pipe, that when once heard is seldom forgotten. In New England this song has been thought to suggest the words, Peabody! Peabody! Peabody! and the sparrow has received the name of ‘Peabody bird.’ Equally characteristic, though less generally known, is a curious clinking call-note that is uttered at first loudly, then in a softer, more conversational tone, when the birds are repairing in flocks to their quarters for the night during their sojourn in the South. The white-crowned sparrow, the tree sparrow, and the fox sparrow breed in the far North, where agriculture is limited; but both the WHITE-THROATED SPARROW. 73 summer and winter ranges of the white-throated sparrow are, to a considerable extent, within agricultural] life zones. Its economic relations are therefore more important. Dr. B. H. Warren states that during spring in Pennsylvania he has seen white-throated sparrows feeding on buds and blossoms of beech, maple, and apple.' These observations have not yet been con- firmed in the laboratory examination of stomachs. While in the field in May I have noted white-throated sparrows eating the fruit of elm trees, but have never found them damaging buds or blossoms. Two hundred and seventeen stomachs, collected during every month in the year except June, have been examined. Most of these stom- achs were collected in New York and Pennsylvania, but a large num- ber came from Iowa, Minnesota, Georgia, and Texas, and some from New Brunswick. The food for the year, as a whole, as indicated by stomach contents, consists of 19 percent animal matter and 81 percent vegetable matter. Of the vegetable food, 3 percent is grain, 50 per- cent weed seed, and the remainder chiefly wild fruit. : The insect food resembles that of many other species in general character, but some interesting differences appear when it is viewed in detail. UWymenoptera constitute 6 percent of the year’s food; Coleoptera, 5 percent; Heteroptera and Diptera, taken together, 3 percent, and Lepidoptera, 3 percent, the customary quota of spiders, _ millipedes, and snails supplying the remaining 2 percent of the ani- mal food. The Hymenoptera are distributed among parasitic species (2 percent), ants (3 percent), and miscellaneous (1 percent). In its partiality for ants the white-throated sparrow resembles the savanna sparrow. Of the beetles eaten, ground-beetles, leaf-beetles, click- beetles, weevils (Rhynchophora), and members of the families His- teridz and Scarabeide enter most frequently into the diet. The Sear- abeeidee include principally dung-beetles (Aphodius), but occasionally the larger species, such as the May-beetle or rose-beetle, are eaten. The depredations of the latter on vineyard and flower garden are seldom disturbed by birds, on which account the service done by the white-throated sparrow in eating it has added value. Weevils furnish the greater part of the beetle food, and during May, when they are eaten more freely than at any other time, form 15 percent of the food. The same absence of Orthoptera (grasshoppers, ete.) from the food is noticeable in the investigation of the white-throat that has been noted in the case of its congener—the white-crown. These insects were selected by only 2 of the 217 birds examined. Professor Aughey, however, found that 5 individuals which he examined had devoured an average of 18 Rocky Mountain locusts apiece,” and a captive white- throat kept in the laboratory of the Biological Survey ate grassh oppers ' Birds of Pennsylvania, revised ed., p. 237. 1890. ° First Ann. Report U. S. Entomological Commission, App. IT, p. 31, 1878, 14 THE RELATION OF SPARROWS TO AGRICULTURE. with an avidity that bordered on greed. It would be wise, therefore, not to draw any final conclusions from the absence of grasshoppers in most of the stomachs of white-throats and white-crowns examined. ~The most striking point in the food habits of this sparrow is its fondness for berries. From July to November, inclusive, one-fourth of its food consists of berries. At this time it eats the fruit of the blueberry ( Vacciniwm pennsylvanicum and other species), wild cherry (Prunus serotina), mountain ash (Sorbus americana), green-brier (Smilax glauca), strawberry (fragaria sp.), spice bush (Benzoin ben- goin), wild sarsaparilla (Aralia sp.), elder (Sambucus canadensis), blackberry (Rubus villosus), dogwood (Cornus florida, alternifolia and stolonifera), and the high bush cranberry (Viburnum opulus). White-throats have been seen feeding in large numbers on the blue- berries which grow profusely upon the sides of Mount Chocorua, New Hampshire. So much does it relish food of this character that during July fruit constitutes 44 percent of the total food of the month. In addition to eating berries as long as they last, it picks up their dry seeds and cracks them for the meat long after the fruit pulp has disappeared and the seeds have been scattered on the ground. From January to May it feeds on the seeds of such fruits as the blueberry, blackberry, elderberry, and grape. Some of these are doubtless eracked by the bird’s beak, and others by the muscular grinding giz- zards. Broken fragments of grape and blackberry seeds are often found in the stomachs of birds collected in the spring. Nearly one- third of the food contents of the stomachs of 33 whitethroats collected in Texas during January and February consisted of bits of the seeds or drupes of various wild berries. Z It is highly probable that as these sparrows are picking up seeds of berries they get some that belonged to berries eaten at some previous time by berry-eating birds, whose stomachs were not powerful enough to crush the seeds, which, consequently, were voided and scattered upon the ground. This double consumption of seeds is also common to the different white-crowned and fox sparrows, the cardinal grosbeak, and the mourning dove. Some grass seed is consumed, principally seeds of such troublesome species as pigeon-grass, crab-grass and other panicums, and Johnson grass. This element forms about 5 percent of the total food, and is taken chiefly during September, when it amounts to 24 percent of the food of the month. A little amaranth and lamb’s-quarters are eaten; and gromwell, chickweed, wood sorrel, sedge, violet, and sheep sorrel are-all represented in the diet. But the principal weed seeds found in the stomachs are those of ragweed and different polygonums. As a destroyer of ragweed this sparrow seems to have no equal among finches, and the song sparrow is its only rival as a consumer of polyg- onums, The two weeds form 25 percent of the food for the year, of [ae 6 ee ot) ee aft TREE SPARROW. gas 5 _ which ragweed furnishes 9 percent and the polygonums 16 percent. _ During October ragweed alone constitutes 45 percent of the month’s food. a The white-throated sparrow may be regarded as a valuable bird on the farm; it has a good record as a weed destroyer, its fruit eating is - largely confined to wild ‘berries, and it does little damage to grain fields. 7 TREE SPARROW. (Spizella monticola and Spizella m. ochracea.) The tree sparrow (see frontispiece) breeds in Labrador and the Hud- _ son Bay region and westward to Alaska. In the fall the birds come - down from the north in immense throngs and spread over the United States as far south as South Carolina, Kansas, and Arizona. During . _ the winter, in company with juncos, white-throats, white-crowns, and | fox sparrows, they give life to the hedge rows, tangled thickets, and _ weed patches. Theirsong is not heard until just before they leave in the spring, but throughout the winter wherever they are encountered a mingled chorus of innumerable conversational and alarm notes. greets the ear. In appearance they somewhat resemble chipping _ sparrows, and have sometimes been called winter chippies; but they are readily distinguished from that bird by their larger size and by a - dark spot on the breast, the chipping sparrow’s breast being unmarked. _ Five hundred and seventeen stomachs have been examined, col- lected-at points ranging from Massachusetts to the District of Colum- _ bia, and westward as far as Iowa and Kansas, and during the period _ from October to May. As indicated by these examinations, the food of the tree sparrow during its stay in the United States is almost q entirely made up of seeds, which amount to 98 percent of the total - food contents of the stomachs examined. The bird shows an essen- _ tial difference from its associates, however, in its large consumption _ of grass seed, fully half of its food consisting of this element, pani- cums, pigeon-grass, and allied grasses being apparently preferred. It feeds on cultivated millets. Mr. F. F. Crevecoeur, of Onaga, Kans., states that the tree sparrow is as much of a pest as the English spar- _ row in damaging shocks of Hungarian millet which are not securely covered in the fall and winter. Mr. Crevecoeur sent in a score of _ stomachs of tree sparrows which were crammed full of seeds of mil- let. But in sections where millet seed is not left exposed the birds are very serviceable, for they then turn their attention to such weeds as pigeon-grass, crab-grass, poverty grass (Aristida), and sheathed rush grass. They also feed to a limited extent on the seeds of other grasses. Each of several of the stomachs examined contained from 100 to 200 seeds of timothy, June grass, or broom sedge. _ Nearly two-thirds of the vegetable food that is not grass seed is derived from such plants as ragweed, amaranth, lamb’s-quarters, and 76 THE RELATION OF SPARROWS TO AGRICULTURE. ~ various kinds of polygonums. The remainder is made up of a variety of seeds none of which taken alone plays any significant part in the diet, but which amount altogether to 10 percent of the food. These are for the most part wild sunflower, golden-rod, chickweed, sedge, birch, purslane, ~vood sorrel, violet, and sheep sorrel. According to Dr. Warren, the tree sparrow feeds on wild grapes and cedar berries, but the laboratory investigations have thus far failed to show any remains of fruit other than some seeds of blackberry and blueberry, which were picked up in early spring. The animal food during the bird’s stay in the United States amounts to 2 percent, a quantity too small to be of much economic interest. It consists of weevils and other beetles, such as ground-beetles and rove-beetles, also wasp-like insects, ants, caterpillars, bugs, grasshop- pers, and spiders. The value of the bird lies chiefly in the fact that barely 1 percent of its food consists of grain, while more than 50 percent is made up of weed seed. As it is one of the most abundant species, fairly swarm- ing in the hedge rows that skirt the fields, it is capable of rendering ~ considerable service to agriculture. CHIPPING SPARROW. (Spizella socialis and Spizella s. arizone.) The chipping sparrow breeds in every State in the Union (with the possible exception of Florida), in Canada, and on the table-lands of Mexico. Its breeding range includes four life zones, the Canadian, Transition, and Upper and Lower Austral, but in autumn the gen- eral migratory movement carries all the birds into the Lower Austral and farther south—that is to say, into the Gulf States, Cuba, and Mexico. This little red-capped bird, that often builds its horse hair-lined nest in the vines of the porch, is one of the best known of the native spar- rows. Its semi-domestic habits cause it to be a general favorite, despite the fact that it is not gifted with pleasing vocal powers, but utters only an incessant metallic chip, and a song that suggests the note of a distant cicada. The eggs are a delicate robin’s-egg blue spotted at one end with black, which is exceptional, most sparrow eggs having a whitish ground color overlaid with brownish markings. The two broods of from three to five young reared each year consume great quantities of caterpillars and grasshoppers. Dr. Clarence M. Weed has seen a chipping sparrow carry 50 caterpillars to its young in twelve hours.! In its own feeding the bird is a noted destroyer of different caterpil- lars. Mr. E. H. Forbush speaks of its eating cankerworms and brown- tail-moth, tent, and gipsy-moth ecaterpillars;? Dr. B. H. Warren has 1 Bull. No. 55, N. H. Coll. Agr. Expt. Sta., 1898. * Mass. Crop Rept., Bull. 3, pp. 33-36, July, 1900. —_— _ = CHIPPING SPARROW. ee seen it preying on the army worm;! Dr. Weed, quoting Miss Soule, states that it attacks the moths of the forest tent caterpillar,” an insect which has recently seriously damaged the maple-sugar industry in New England; and many observers have stated that it feeds on cankerworms and cabbage worms. I have never seen chipping spar- rows feeding on cabbage worms, although I have frequently watched them hopping about among or near cabbages which were badly infested with worms. Mr. Henry W. Olds states that a chipping sparrow visited his pea patch and busily fed on the pea lice which were seriously injuring the vines. I have found chipping sparrows at Marshall Hall, Md., feed- ing on the same insect. This pest (Nectarophora destructor) is com- paratively new to science, having been first described in 1899, but during that year it caused a loss to the pea crop of Maryland of $300,000. Audubon states that the chipping sparrow takes berries,‘ and Mr. Perey Moore, of Philadelphia, reports that it feeds on wild cherries. Prof. F. E. L. Beal says that he has occasionally seen it taking a few eultivated cherries. Mr. F. C. Kirkwood calls attention to a very peculiar habit it has of sipping the sap of grapevines.° Two hundred and fifty stomachs have been examined, collected from March to November, and throughout the country both in the East and West, principally, however, from New England to Virginia and from the States of Kansas, Iowa, Illinois, and California, the greater part of the western chipping sparrows coming from the last- _ named State. More collections were made in summer and early autumn than at any other season. Of the contents of these stomachs the total animal food, consisting of insects with an occasional spider, amounts to 38 percent; the vegetable food to 62 percent. Of the vegetable food, 4 percent is grain, principally oats; 48 percent grass seed; and 10 percent other seeds, such as clover, ragweed, amaranth, wood sorrel, lamb’s-quarters, purslane, chickweed, knotweed, and black bindweed. ‘Twenty-six percent of the grass seed is crab-grass and pigeon-grass, chiefly the former, the rest consisting of timothy, orchard grass, and other grasses. The seeds of crab-grass, whenever they can be obtained, form the most important part of the diet. Dur- ing the last of August there were collected a dozen chipping sparrows that were feeding in a flock amid some crab-grass and other weeds which were getting the upper hand in a small garden, about an acre in extent, and it was found that the stomach of every one of the birds 'Penn.~Agr. Rept. 1896. ? Bull. No. 75, N. H. Coll. Agr. Expt. Sta., p. 121, 1900. 3 Proc. Eleventh Ann. Meeting Assn. Economic Entomologists, pp. 94-99, 1899. + Birds of America, Vol. III. p. 80, 1841. * Birds of Maryland, p. 335, 1895. 3907—No, 15—01——6 78 THE RELATION OF SPARROWS TO AGRICULTURE. was crammed full of the seeds of crab-grass. The much smaller con- sumption of ragweed, amaranth, lamb’s-quarters, and polygonum than on the part of tree, white-throated, and song sparrows is probably due to the smaller and less powerful digestive organs of the chipping sparrow. No small service is rendered in destroying weed seed, but the utility of the species is manifested most strikingly in its animal food, three- fourths of which consists of noxious insects, principally caterpillars, weevils, grasshoppers, and leaf-beetles. Of the 38 percent of animal matter, weevils constitute 6 percent; leaf-beetles, 2 percent; other Coleoptera, including predaceous ground-beetles, dung beetles, click- beetles, and May-beetles, collectively, 3 percent; caterpillars, 9 per- cent; grasshoppers, 10 percent; and miscellaneous animal matter, consisting of leaf-hoppers, true bugs, ants, spiders, and parasitic wasps, 8 percent. The maximum monthly average of weevils, 16 percent, is attained in May. In June, when 93 percent of the food is com- posed of insects, grasshoppers form 36 percent, caterpillars 25 per- cent, and leaf-beetles 6 percent. On the one side only 1 percent of the food consists of useful insects (predaceous beetles and parasitic wasps), while more than 25 percent is made up of insect pests; and on the other side, grain composes only 4 percent, in contrast to weed seed, which constitutes 40 percent. These figures clearly show the good service rendered to agriculture. The food habits of this sparrow will receive further consideration in connection with those of the next species—the field sparrow. FIELD SPARROW. (Spizella pusilla and Spizella p. arenacea. ) The field sparrow (see fig. 16) summers in the northern half of the United States east of the Rocky Mountains and in southern Cone and winters in the Southern States. It can perhaps best be distinguished from the many small species of ground-colored birds by its reddish beak. It is thoroughly com- monplace in appearance, and in habits is much shyer than the chip- ping and song sparrows, which may be called dooryard birds. Often Seen in the same weed patch with these sparrows, it is nevertheless, as its name indicates, a lover of open lands. Here it builds its nest, generally among some small briers, and during the season rears two to three broods of three or four each. Its food habits are very simi-— lar to those of the chipping sparrow, as would naturally be expected, since both belong to the same genus. Forbush has found it preying on plant lice, tent caterpillars, cankerworms, and the caterpillars of the brown-tail moth. ! _—— 1 Mass. Crop Rept., Bull. 3, pp. 33-36, July, 1900. ~ a a a7, eee ee Te 1? FIELD SPARROW. irs = - The laboratory investigation includes 175 stomachs, collected during every month of the year, from 15 States and the District of Columbia, chiefly in New York, Massachusetts, and the District of Columbia in q the Kast, and Kansas and Wyoming in the West. Of the total food 3 they contained 41 percent was animal matter and 59 percent vegetable matter. Of the animal material weevils form 2 percent; leaf-beetles, _ 2 percent; ground-, tiger-, click-, and May-beetles, collectively, 9 - percent; caterpillars, 4 percent; grasshoppers, 6 percent; leaf-hoppers, _ true bugs, sawflies, ants, flies, and spiders, taken together, 14 percent, and parasitic wasps, 4 percent. This last item is the principal point _ wherein the field sparrow differs in food habits from the chipping 2a yh” al Saw SS \\ Sy — Wil | | i i WN | Ms \ Fic. 16.—Field sparrow. sparrow—a difference that is not to the advantage of the record of the ' species from an economic standpoint, since, as has been shown, these _ wasps are dangerous parasites of many caterpillars. Of the vegetable _ food 51 percent consists of the seed of grasses, for the most part such _ species as crab-grass and other panicums, pigeon-grass, broom sedge, _ poverty grass (Aristida), and sheathed rush grass. Seeds of such weeds as chickweed, lamb’s-quarters, gromwell, amaranth, purslane, _ spurge, wood sorrel, and knotweed amount to 4 percent. The per- centage of timothy is insignificant, but that of oats is comparatively large, as they constitute 4 percent of the food. teint jh bal s 80 THE RELATION OF SPARROWS TO AGRICULTURE. The amount of grain taken during most of the year is about 4 pereent, but in August the bird visits oat stubble and feeds on oats, often to the extent of a quarter of its diet. The chipping sparrow has the same habit. Apparently no such predilection exists in the ease of wheat. During the last week in June a dozen sparrows of both these species were collected in a wheat field at harvest time. They were, however, not eating wheat, but were feeding on insects and weed seed. Some of the oats that are found in the stomachs are | obtained from horse droppings. This is particularly true in the case of the chipping sparrow, a species which is often found foraging along roadsides. Both of these sparrows feed very little on any seeds other than those of grasses, in which propensity they are like the tree and lark sparrows. They subsist less on ragweed than any other species of upland sparrows, and take comparatively little lamb’s-quarters or amaranth, but at times show a marked liking for wood-sorrel, chick- weed, purslane, or some of the smaller-seeded species of polygonums. Both of these birds are abundant and useful tenants of the farm, but comparison shows the chipping sparrow to have the more favor- able food habits. It destroys fewer beneficial insects and more pests than its congener. JUNCO. (Junco hyemalis and subspecies. ) The junco (see frontispiece), unlike the chipping and field sparrows, is not asummer but a winter bird so far as most of the agricultural districts of our country are concerned. It is a bird of the Canadian and upper Transition life zones, and hence breeds principally in the mountains or near the Canadian border. In winter it migrates south, spreads over the whole of the United States—though less abundant in the northern portions—and ranges as far south as Mexico. The best-known junco is the slate-colored, familiarly known as the snowbird, or sometimes black snowbird, in contradistinetion to the snowflake of the Northern States. It comes from the north with the first frost, and is as definitely associated with the beginning of cold weather as the robin is with the first breath of spring. In its winter home the bird is very friendly and hops up to the doorstep for crumbs with the same engaging confidence manifested by the chipping sparrow in summer. But should the expected crumbs be wanting, it is not disturbed. With a sharp chirp sounding like the click of two marbles against each other it is off to the weed patches, or to the barn if the weeds are buried under the snow. From the haymow it can procure food, even though the snow be fence deep; and at such times, or during blizzards, a few meals of hayseed are not distasteful to it. But as soon as its forced retirement is con- cluded—that is, when the ineclemencies that drove it to shelter have eS “—e oe ae , JUNCO. 81. abated—it will be found, often in company with other winter sparrows, on the sunny hillsides which bristle with ragweed, cracking the seeds that are spread on the snow-covered ground. - The food habits of the junco are such as commend it highly to the farmer. An examination has been made of 299 stomachs, collected during every month in the year except May. They were secured chiefly along the Atlantic seaboard, but a fairly large number were obtained in the central part of the country and California. The food for the year as a whole, as indicated by these stomachs, consists of animal matter 22 percent and vegetable matter 78 per- eent. The animal matter is distributed as follows: Orthoptera and Lepidoptera, each 2 percent; Hymenoptera, 3 percent; Coleoptera, 6 percent; miscellaneous insects, largely Hemiptera, 7 percent; and spiders, with a few snails and other invertebrates, 2 percent. It will be convenient to consider the summer and winter feeding habits separately. The summer diet, as far as can be judged by the eontents of 65 stomachs collected from June to August, inclusive, _. mainly in the mountainous regions of California and on Roan Moun- co tain, North Carolina, is 49 percent animal matter and 51 percent vegetable matter. Insects of the useful class comprise 1 percent of ground-beetles and 5 percent of parasitic Hymenoptera. Insects belonging to the injurious category amount to 25 percent of the total food and are distributed as follows: Leaf-beetles, 2 percent; weevils (Rhynchophora), 8 percent; caterpillars, 4 percent; grasshoppers, 5 percent; and miscellaneous insects, largely true bugs, leaf-hoppers (Jassidz), click-beetles, and longicorn beetles (Cerambycide), 6 percent. Neutral insects, mainly small dung-beetles, ants, and other insects of little or no economic importance, amount altogether to 16 percent of the food. The vegetable food consists of various seeds, 49 percent of the total, and wild fruits, 2 percent of the total. The seed matter is distributed as follows: Grass seed, 5 percent; polygonum seed, 8 per- cent; violet seed, 9 percent, and miscellaneous seeds, mainly those of sedge, sheep-sorrel, wood sorrel, purslane, and chickweed, 2 percent. The remaining vegetable food is composed of wild fruit, and includes blueberries, blackberries, strawberries, and elderberries. The summer feeding habits of the junco, although of a character highly creditable to the species, are not of much economic impor- tance, since the habitat of this bird during the breeding season is largely beyond agricultural areas. But when the bird migrates to fertile districts and extends over the whole of the United States in autumn to remain until spring, it becomes a most important and useful bird. The animal food at this time, which is of the usual char- acter, is too small to be important. The vegetable food, which con- stitutes 91 percent of the diet, may be conveniently divided into _ three nearly equal parts; the first of which is largely timothy, broom 82 THE RELATION OF SPARROWS TO AGRICULTURE. — sedge, sheathed rush-grass, pigeon-grass, crab-grass, and other pani- cums, paspalum, and a small quantity of grain; the second com- prises ragweed and polygonums; and the third includes the seeds of © various plants the majority of which are such weeds as amaranth, lamb’s-quarters, chickweed, purslane, tick-trefoil, vetch, gromwell, wood sorrel, sedge, sheep-sorrel, wild sunflower, and Russian this- tle. The seeds of amaranth and lamb’s-quarters are by far the most important in the diet. Few other sparrows eat as many of. these seeds as the junco, which feeds on them chiefly in March when, doubtless, other and more palatable seeds are too searce to be easily obtained. The effect of the junco during its stay on agricultural land is that of an unmixed benefit, because the good done by its extensive con- sumption of weed seeds is not counterbalanced by any real harm; even the slight tendency toward grain eating is practically harmless, since most of the grain eaten consists of waste kernels. SONG SPARROW. (Melospiza melodia and subspecies. ) The song sparrow (see fig. 17), unlike the junco, occupies agricultu- ral areas insummer. It breeds throughout the United States, inelud- ing Alaska south of — Unalaska, and is Ze coe found also in Can- L..\ ee. adaand Mexico. In Sn §: winter there is a shifting southward, but the species is still to be found in most of the States except the northern tier. The bird honestly merits its title of song sparrow, for its bright, canary- like lay is one of the most attractive voices of the spring, and is familiar to many that do not know the identity of its author. In habitat it differs slightly from both field and chipping sparrows: it is not so often met with in the open country as the one, or in the orchard as the other, but is most likely to be found inhabiting bushes along water courses. Sometimes, however, it frequents the shrubbery near buildings, in which case it may often 2 be seen, in company with worthless English sparrows, hunting about 4 t) Fig. 17.—Song sparrow. SONG SPARROW. 83 the barnyard for hayseed. It seeks its food on the ground, running in a peculiar mouse-like way through grass or weeds. Its food, as indicated by the examination of 401 stomachs from 26 States and British Columbia, collected during every month in the year, consists of animal matter, insects with occasionally a spider or snail, 34 percent; and vegetable matter, mostly seeds, 66 percent. That the bird haunts damp localities is well shown by certain articles of its food, such as wild rice, sedge, smartweed, tall smooth panicum (Pan- cum virgatum), and spreading panicum (Panicum proliferum), sand- fleas, aquatic snails, tiger-beetles, May-flies, and dragon-flies. But it often leaves its favorite resort, along water courses, and seeks its food on the uplands with other species of sparrows, feeding on woodbine berries with white-throated sparrows, picking up seeds of crab-grass and ragweed in company with juncos and tree sparrows, devouring earthworms on the lawn with the robin, and even fighting with Eng- lish sparrows for its share of bread crumbs upon the city street. When raspberries are ripe it will once in a while assist the catbird and brown thrasher in removing some of the choicest and most luscious. In Maryland it has a habit of hunting round wheat-straw ricks for grain that has not been entirely threshed out. Still, taken as a whole, the food habits of this popular cheery-voiced sparrow are’ not very different from those of a number of other species. Of the vegetable portion (66 percent) of the year’s food, 3 percent consists of ragweed, 5 percent of grain, 16 percent of polygonum and related seeds, 24 percent of grass seed, and 18 percent of miscella- neous seeds, such as those of wild sunflower, amaranth, lamb’s-quar- ters, clover, gromwell, rib-grass, wild solanum, purslane, spurge, wood sorrel, dandelion, chickweed, dock, and sheep-sorrel. The last two are seldom eaten by most other birds. More polygonum seed is taken by the song sparrow than by any other sparrow, largely because most polygonums grow in moist places where song sparrows are often very abundant. Several species of polygonums are weed pests on low ground, and much good is done by the systematic destruction of _ their seeds by the song sparrow during every month in the year. More than half the grass-seed food belongs to such troublesome species as crab-grass and pigeon-grass. The bird is so numerous that 1t must destroy large quantities of these weeds. The seeds of other grasses, such as timothy, paspalum, old-witch grass, barnyard grass, tall smooth panicum, spreading panicum, ‘beard-grass (Andropogon), orchard grass, sheathed rush-grass, yard-grass, wild rye, wild rice, and others form about 8 percent of the food. oe The song sparrow, like the white-throated, white-crowned, and fox sparrows, manifests a taste for fruit, especially during July, when blackberries, strawberries, raspberries, blueberries, mulberries, and wild black cherries are eaten to the extent of nearly 8 percent of the food. This diet is largely abandoned when the weed-seed harvest is 84 THE RELATION OF SPARROWS TO AGRICULTURE. mature, though the bird occasionally feeds with others on the ripen- ing crop of wild fruits during late summer and autumn. It has been observed eating elderberries, wild grapes, pokeberries, bayberries, and berries of the woodbine; but in spite of this taste and the bird’s abundance among cultivated berry patches, it never, to any appre- ciable extent, does any damage to cultivated fruit. Insects amount to about one-third of the annua! diet, and from May to August, inclusive, when they are eaten most freely, compose more than half the food. Diptera constitute 2 percent of the year’s food; Hemiptera, 3 percent; Hymenoptera, 4 percent; Lepidoptera, 6 percent; Orthoptera, 7 percent; Coleoptera, 9 percent, and miscella- neous insects, principally Neuroptera, Plectoptera, and Ephemeride, 1 percent. The kinds eaten are for the most part the same as those taken by the chipping sparrow and field sparrow. The greater part of the Diptera are not the common house-flies, but mosquito-like flies belong- ing to the families Chironomid and Tipulide. They are eaten in both the larval and imago stages. Occasionally imagos of some species of horseflies furnish a part of a meal. The Hemiptera belong to both the heteropterous and homopterous divisions of the order. The Heteroptera include small bugs of nauseous odor, largely soldier bugs, leaf bugs (Capsidee), and assassin bugs, and are usually species of little or no economic importance. The Homoptera are practically all leaf-hoppers (Jassidze). Cercropide, the little bugs which are responsible for the so-called ‘frog spit’ or ‘snake spit’ which is often found adhering to grass in early summer, are sometimes eaten. Half of the Hymenoptera entering into the food comprise ants belonging to both of the principal families Formicidze and Myrmi- cide. It is highly probable that most of the ants are taken while flying, as many species of birds secure their ant food in the air. One-quarter of the hymenopterous food, amounting to about 1 per- cent of the total food for the year, consists of such parasitic species as flies (Braconidz), ichneumon flies (Ichneumonide), and certain wasps (Scoliide); the remainder is made up of a few saw-flies, some joint-worm flies, cuckoo flies, and a number of the smaller bees (Andrena, Halictus, and other plant-fertilizing species). The Lepidoptera (all moths) are principally larve of Noctuidae, such as cutworms and army worms. They also include larve of Geometride and the occasional pupa of a tineid moth (Coleophora). Mr. E. H. Forbush discovered that the song sparrow will eat hairy caterpillars,’ but none but the smooth kinds have thus far been found in the stomachs examined in the Biological Survey. Jn its destruction of Lepidoptera the song sparrow renders considerable service, espe- cially during May and June, when 25 percent of its food consists of these pests. At this time it makes a business of hunting on the ground 1 Mass. Crop Rept., p. 36, Sept., 1899. SONG SPARROW. . 85 for cutworms, which, if allowed to live and mature, would undoubt- edly do much damage. Several song sparrows were collected in New York State during an invasion of army worms in 1896, and it was found that they had preyed on these pests to a very considerable extent. Cankerworms and the larve of the gipsy moth and the brown-tail moth enter into the food, according to the observations of Mr. E. H. Forbush.’ Orthoptera form only 7 percent of the annual food, but amount to 28 percent of the food for August. The short-horned grasshop- pers eaten are chiefly the same kinds as those selected by other birds, that is, they comprise the various abundant species of the genus Melanoplus, such as the red-legged locust and the Rocky Mountain locust. Long-horned grasshoppers of the genera Orchelumum, Scud- deria, and Xiphidiuwm, which habitually infest moist meadows, are freely eaten. Crickets are, apparently, much relished. A number of stomachs contained several, and in one were found no less than 10. Beetles seem to be eaten during every month in the year, but become most conspicuous in the stomachs in late spring and early summer. They are chiefly ground-beetles, leaf-beetles, click-beetles, weevils (Rhynchophora), and members of the families Histeride and Searabeeidee ; but a few long-horned beetles, tiger-beetles, and members of the families Lampyridze and Mordelide are also taken. Ground- beetles constitute but 1 percent of the food, and the species that make up this insignificant percentage are the smaller, less useful forms, such as Agonoderus, Platynus, Bembidiwm, Cratacanthus, Amsodactylus, Amara, Pterostichus, and the smaller species of Har- palus. As sparrows are ground feeders, it would seem natural that more of the valuable ground-beetles would be destroyed by them than by birds that are more arboreal in their habits; but as a matter of fact they consume fewer than most of our common birds; and the larger, more useful species, which work the greatest destruction among insect pests, and which are eaten freely by many of the common birds of the farm, sparrows do not molest.* In July, 5 percent of the food of the song sparrow is composed of leaf-beetles, principally small species of the genera Colaspis, Crepidodera, Che- tocnema, Hemonia, Odontota, Systena, and to some extent Hpitrix; and for the year as a whole these amount to 1 percent of the diet. Click-beetles and Histeridze seem to be eaten only to a very slight extent, but weevils form the most important element of the beetle food, as they do in the case of most sparrows, amounting to 4 per- eent of the total food, and in June attaining a maximum of 11 per- eent. It seems strange that the bird should be apparently so little ‘Mass. Crop Rept., Bull. 3, pp. 33-35, July, 1900. *Such effective carabids as Carabus, Scarites, Pasimachus, Cychrus, Chleentus, and Calosoma, which are o‘ten found in the stomachs of larger birds, have never been met with in the stomachs of sparrows. 86- . THE RELATION OF SPARROWS TO AGRICULTURE. bafiled by the wonderful protective adaptations of these beetles, many of which harmonize with their surroundings so completely as to be practically invisible tohumaneyes. The particular weevils most often selected include such forms as Baris, Sphenophorus, Centrinus, Sitones, Phytonomus, and Tanymecus. The Scarabeidee eaten are for the most part the smaller forms of “a dung-beetles, especially Aphodius fimetarius and Aphodius inquina- tus. The song sparrow does not, as a rule, attack such large forms as the May-beetle, but it probably feeds to some extent on medium-sized closely related forms, Serica vespertina and others, as it frequently preys on beetles of this size, such as those of the genus Anomala. The rest of the animal food amounts to 2 percent of the total food, and is made up of snails, largely such aquatic species as pond snails; spiders, chiefly running species belonging to the family Lycosidw#; and some few thousand-legs of the genus Julus and closely allied forms. Taking the food habits of the song sparrow as a whole, it will be readily seen that this bird does much more good than harm and is worthy of protection and encouragement. Only 2 percent of the food consists of useful insects, while 18 percent is composed of injurious insects; and grain, largely waste, amounts to only 4 percent, while the seeds of various species of weeds constitute 50 percent. LINCOLN’S SPARROW. (Melospiza lincolni.) Lincoln’s sparrow breeds in the highest parts of the Rocky Moun- - tains and the Sierra Nevada and from the northern tier of States to Labrador and the Mackenzie and Upper Yukon rivers. In winter it is found throughout the southern half of the United States, but is rare and locally distributed in the East. To the untrained eye, it is prac- tically indistinguishable from its congener, the ubiquitous song spar- row; but it is as distrustful as the song sparrow is confiding. Only 31 stomachs of this species have been examined. These were collected during the months of February, April, May, September, and October, mainly in Massachusetts and New York. Tne food dur- ing these months, as indicated by the stomachs, consists of animal matter, 42 percent, and of vegetable matter, 58 percent. The animal matter is made up of 2 percent spiders and millepeds and 40 percent insects. Useful insects, largely Hymenoptera, with some predaceous beetles form 4 percent of the food, and injurious insects, 12 percent. Neutral insects, including beetles, ants, flies, and some bugs, amount to a fourth of the food. More ants (principally Myrmicidz) and fewer grasshoppers are destroyed than by the song sparrow. The vegetable matter is divided as follows: Grain, 2 percent; seeds of ragweed and various species of Polygonum, 13 percent; grass seed, 27 percent, and miscellaneous seeds, principally weeds, 16 percent. FOX SPARROW. | 87 SWAMP SPARROW. (Melospiza georgiana. ) The swamp sparrow breeds from southern New York, northern [llinois, and the Dakotas north to Manitoba, Labrador, and New- foundland, and winters from southern New England, southern [lli- nois, and Kansas to the Gulf. It is distinguishable from the song sparrow by its unstreaked breast and brick-red crown. It is a timid bird and never abandons the tussocks and reeds of the marsh to come up to the shrubbery of the lawn or dooryard. Nor does it often leave its swamp to forage on eultivated land, a characteristic which makes it of less economic importance than many of our sparrows. Such species, if they figure at all in rural economy, act simply as a check on certain insects which might otherwise become abundant and spread from the swamp to farm lands. The food from February to November, exclusive of March, as indi- cated by the examination of 72 stomachs, principally from Massa- chusetts, Connecticut, New York, and Pennsylvania, is divided as follows: Animal matter, 47 percent, nearly all insects; and vegetable matter, 53 percent, almost entirely seeds. An interesting fact in con- nection with the feeding habits was brought out in the study of a eaged bird. It showed an aversion to picking up seeds from its seed cup, preferring to take them from the surface of its drinking vessel. _ ‘This suggests the idea that it is possible that the bird was accustomed, in its swampy home, to gather seeds from the water, though it may be that it merely preferred wet seeds to dry, on account of having been used to seeds that were moist from contact with the damp ground. The swamp sparrow takes more seeds of polygonums than most birds, and eats largely of the seeds of the sedges and aquatic panicums that abound in its swampy habitat. The giant ragweed (Ambrosia trifida) - is also well represented in its stomach contents. Of the insect food (45 percent of the total) grasshoppers, ete., amount to 2 percent; parasitic and predaceous insects to 6 percent; cater- pillars, etc., to 9 percent; and leaf-beetles and weevils to 11 percent. The remaining 17 percent consists of bugs (Heteroptera and Homop- tera), ants (Formicina), flies (Diptera), and the smaller dung-beetles. The bird shows a marked taste for ants, one-seventh of the stomachs examined containing these insects, especially those of the family Myrmicide. Although many of the insects eaten by the swamp spar- row belong to families generally classed as injurious or beneficial, yet the particular species taken are mainly such as inhabit only swamps, and so have very little, if any, economic value. FOX SPARROW. (Passerella iliaca.) The fox sparrow (see frontispiece) is one of the birds that character- ize the Hudsonian life zone—that is to say, it is found breeding in 88 THE RELATION OF SPARROWS TO AGRICULTURE. the vast forest which stretches from Labrador to Alaska. Summering in this region, as it does, it is of no economic importance until it — migrates south in autumn into the agricultural lands of Canada and the United States. It then spreads over the whole country to the Gulf of Mexico. ) The fox sparrow is the largest sparrow in the United States, exclusive of Alaska. It is found often in the woods, where it is likely to be mistaken for a hermit thrush on account of its large size, red- dish color, and spotted breast. Its song is utterly unsparrowlike, a unique performance that seems not in the least akin to bird musie, but more like the soft tinkling of tiny silver bells. In food habits it isa true sparrow, showing some resemblance, however, to the cardinal egrosbeak (also a member of the finch family) in its fondness for ber- ries, or, as is more likely, berry seeds. Both the fox sparrow and the cardinal have powerful bills, and are thus able to feed on seeds which weaker-billed species of seed-eating birds can not crack. . The food, as indicated by the examination of 127 stomachs, collected - principally in the Eastern States, and during every month excepting June, July, and August, consists of animal matter, 14 percent, and vegetable matter, 86 percent. The animal food is of little interest excepting in the month of April, when the bird begins eating largely of millepeds of the Julus group—20 percent of the food for the month consisting of these invertebrates—and at the same time develops such a taste for ground-beetles as to raise this item of its month’s diet to 10 percent. The quantity of these useful insects destroyed during the summer, when the bird is in its home in the far north, is probably much less. The vegetable food differs from that of most other sparrows, in that it contains less grass seed (only 1 percent), less grain, and more fruit, ragweed, and polygonum. Half of the food consists of ragweed and polygonum and more than a quarter of fruit. In its dependence on fruit the fox sparrow resembles the white-throated sparrow. It does no direct damage to cultivated fruit, though it occasionally eats the buds of peach trees and pear trees. Bradford Torrey has observed it feeding on the fruit of burning bush (Huonymus americana).* C. A. Averill, Bridgeport, Conn., reports that he has found it eating the berries of the red cedar (Juniperus virgimana), and James H. Gaut, of the Biological Survey, says that he has seen it feeding on poke ber- ries in November in Washington. But although 28 percent of the food contents of the stomachs exam- ined consisted of the seeds of berries and of fruit skin, it is safe to say that barely a third of this percentage represents actual fruit destruc- tion, and that the remaining two-thirds of the seeds were eaten after the pulp of the fruit had been removed by other agents. In only 7 of 1 Letter from F. H. Metcalf, Holyoke, Mass., 1890. *Birds in the Bush, p. 220, 1885. DICKCISSEL. 89 the 127 stomachs examined was there any fruit skin round, and the seeds in the stomachs were often broken, and were usually eaten at a time when the whole berry or fruit was not obtainable. ‘Thus, seeds of blueberries and elderberries were found in stomachs collected in _ March, and broken stones of grapes and blackberries in stomachs col- _ lected in May. It is obvious that the fruit to which these seeds orig- _ inally belonged had been destroyed long before the birds picked up _ the seeds. DICKCISSEL. (Spiza americana. ) The dickcissel (see fig. 18) formerly raised its broods over a ¢on- siderable portion of the United States east of the Rocky Mountains; but two or three decades ago it abandoned the Eastern States and Fia. 18.—Dickcissel (Spiza americana). now rarely breeds east of the Allegheny Mountains. In autumn it mnigrates to Central and South America. In some localities it is known as the little meadowlark, because its coloring is like that of the meadowlark, even to the black locket on the breast of brilliant yellow. Most sparrows are gregarious, but dickcissels move about ‘in pairs or little family groups. In many places they are so numer- ous that a score of individuals may be found in every hayfield and meadow; and the species is as characteristic of such localities as the 90 THE RELATION OF SPARROWS TO AGRICULTURE. ae robin is of the New England lawn, or the mocking bird of the Florida — plantation. The song consists of a series of monotonous insect notes, repeated insistently from early morn till late afternoon, resembling somewhat the heat-suggestive tones of the grasshopper. The nestis placed on the ground like those of many of the sparrows, but the eges are wholly unlike most sparrow eggs; they are pale blue, and might easily be mistaken for those of the bluebird. In food habits the dickcissel is particularly interesting. One hun- dred and fifty-two stomachs have been examined, collected, however,.- only during the somewhat limited period from May to August. The winter food is, therefore, not shown by these examinations, but Nehr- ling states that during that season the bird feeds on grass seed and weed seed.' Most of the stomachs examined in the laboratory were collected in Kansas, but some came from Minnesota, Wisconsin, and Texas. They contained animal matter to the extent of 70 percent (insects, with a few spiders) and vegetable matter to the extent of 30 percent, practically all seeds. The vegetable part of the food is- probably not as creditable as it would have been had the stomachs been collected from more widely- separated localities. Most of them were obtained by one collector in a certain part of Kansas where there were large millet fields, and naturally the birds helped them- selves plentifully to this abundant supply of food. In the stomachs collected during August, more than a tenth of the food was millet. In sections where millet is not grown, however, or where it is sown and covered well, the dickcissel might prove very valuable in feeding on the seeds of pigeon-grass; for in the stomachs examined, the seeds of millet, pigeon-grass, and closely related species formed almost the whole vegetable food. Some species of panicum were slightly represented. The dickeissel, like most other fringilline birds, eats grain, but its offenses in this way are trifling; 3 percent of the food contained in the stomachs collected in July was composed of oats, but this was the only grain (except millet) found in any of the stomachs examined. The autumn and winter fare is probably composed chiefly of such grass and weed seeds as are usually eaten by sparrows. But it is the insect food that is of especial interest. This consti- tutes 68 percent of the diet from May to August, and is made up as follows: Diptera and Hemiptera, 1 percent; Hymenoptera, 2 percent; Lepidoptera, 8 percent; Coleoptera, 15 percent; and Orthoptera, 41 percent. The Hymenoptera are almost entirely useful species; ants were found in 3 of the 152 stomachs examined, a small quantity compared with the great numbers eaten by some of the sparrows, notably the white-crowned, the white-throated, and the savanna. The Diptera are all obscure forms, except some robber-flies that one bird had fed on. The Hemiptera include true bugs of both ‘Our Native Birds of Song and Beauty, Vol. IT, p. 231, 1896. eet te es ee Se ee ee DICKCISSEL. 91 _ plant-feeding and predaceous habits. The lepidopterous element, which is exceedingly small in comparison with that of many other species, is composed of smooth caterpillars of the families Geo- metridze and Noctuide, except that one bird, contrary to the habits of most species, had fed on a black caterpillar beset with bristling hairs. Moths are also preyed on, and from information obtained through experiments (see p. 48), it is highly probable that, as seems to be the case with the sharp-tailed sparrow and a number of others, _ the smaller dull-colored species, popularly known as millers, are _ snapped up whenever an opportunity offers. The Coleoptera entering into the food comprise ground-beetles, - including some of the very beneficial sharp-jawed species, 1 percent; leaf-beetles, mostly dark, obscure species, 1 percent; weevils (Rhyn- _chophora), largely Sttones and species of similar habits, 3 percent; - little dung-beetles (Scarabeeide and Histeridz), 4 percent; and click- _ beetles and small long-horned beetles, taken together, 2 percent. But it is as a destroyer of grasshoppers that the dickcissel excels. _ If it ate twice the quantity of useful insects and grain and destroyed no weed seed at all, it would still be a useful species because of the enormous number of grasshoppers and crickets it consumes. From June to August, inclusive, half of its diet consists of these destructive insects. It feeds eagerly on short-horned grasshoppers (Acrididze), long-horned grasshoppers (Locustide), and crickets (Gryllidz). The stomachs examined contained more crickets and - long-horned grasshoppers than those of any other bird whose food. habits have yet been investigated by this Department. The short- horned grasshoppers eaten included such forms as are generally _ found in stomachs of birds, the red-legged locust (Melanoplus femur- rubrum) and the Rocky Mountain locust (Melanoplus spretus) as - usual, being most common. During the invasion of the last-named species, Professor Aughey examined some stomachs of the dickcissel, and found in each the remains of these pests, one alone containing - twenty-seven.’ The large consumption of Orthoptera seems odd when one bears in mind the statement of Wallace that ‘‘The whole order of Orthoptera, _ grasshoppers, locusts, crickets, etc., are protected by their colors har- _monizing with that of the vegetation or the soil on which they live. * * * We need not adduce any more examples to show how impor- tant are the details of form and of coloring in animals, and that their _ very existence may often depend upon their being by these means j concealed from their enemies.” * Butthat birdsare sharp-eyed enough to seek out a great many Orthoptera, is unmistakably shown by the food of the dickcissel, the grasshopper sparrow, the lark sparrow, and -tmany other species. ' First Ann. Report U.S. Entomological Commission, App. IT, p. 32, 1878, * Natural Selection, p. 63, 1870. . 92 THE RELATION OF SPARROWS TO AGRICULTURE. About 2 percent of the food consists of such invertebrates as spiders and some few snails. The spiders belong to such terrestrial forms as the Lycoside and other ground-runners. There is, however, one notable exception in the case of a brood of nestlings. These were fed on a nonterrestrial spider (Argiope), a large, venomous-looking (though harmless) object as it rests in its web, resplendent with glossy black and brilliant yellow. Its gaudy color is supposed to be a protective device against birds. From the limited investigations thus far made, the dickcissel, like the lark sparrow, vesper sparrow, and grasshopper sparrow, proves to be a most useful insect destroyer, whose services to the farmer are important. It will be found especially helpful in keeping down grass- hoppers, which always threaten to become over-abundant and cause great destruction among the crops. ENGLISH SPARROW. (Passer domesticus. ) The English sparrow, or, more properly speaking, the house spar- row of Europe and Asia (see fig. 19), was introduced into the United States about 1850 a and has increased and spread until now it is one of the most abundant birds east of the Mississippi River. It does not, how- ever, occur in the lower part of Flor- ida and _ certain parts of Mississippi and Louisiana, nor in some portions of Maine}; Minnesota, and North Dakota. West of the Missis- sue mw ‘= a _- sippi River its range forms a tongue-like area extending to the base of the Rocky Mountains in Colorado, and includes Missouri, Kansas, Arkansas, Indian Territory, and parts of South Dakota, Texas, Oklahoma, and Nebraska. Jt is also found in isolated localities west of the Rocky Mountains, principally about Great Salt Lake, San Francisco Bay, near Portland, Oreg., and on Puget Sound, Washing- ton. . In Canada it is established to a greater or lesser degree in all the eastern provinces. It has recently penetrated to Manitoba, but has not yet otherwise secured a foothold to the north and west of Fig. 19.—English sparrow. Oe me 8 ee ee a - ‘WEN tee a eer Bull. 15, Biological Survey, U. S. Dept. of Agriculture. PLATE IV. OXALIS POLYGONUM ae GRASSHOPPERS 1. English sparrow. : 2. Grasshopper sparrow. LLARS POLYGONUM GRASSHOPPERS GHASS “SEED GRASS SEED 3. Chippiug sparrow. 4. Song sparrow. MISCL INSECTS AND SPIDERS WILD FRUIT POLYGONUM MISCL WEED SEED 5. Junco. 6. White-throated sparrow. DIAGRAM SHOWING PROPORTIONS OF FOOD OF SIX SPARROWS. ENGLISH SPARROW. 93 Ontario. Throughout its range it abounds chiefly in towns and vil- lages, along roads, and about farms, and is not found in mountainous or forested districts. The relation of the bird to man was investigated by the Department of Agriculture, and the results were published in 1889.' This inves- tigation, which included extended field observation and the examina- tion of more than 600 stomachs, showed the species to be a serious pest. Since the appearance of this publication 132 additional stom- achs have been examined, and a special study has been made of the food of the young. For the latter purpose 50 birds from 3 days to 3 weeks old were collected during the last of June and the first of July, 1899, from a farming region in Virginia opposite Washington, D. C. The 82 stomachs of adults were collected throughout the year in rural localities in Maryland, Michigan, New York, Pennsylvania, Ohio, Indiana, and Kansas. Animal matter, practically all insects, consti- tuted 2 percent ot the food, and vegetable matter, almost entirely seeds, 98 percent. Insects were taken chiefly during May and June, when they composed 10 and 8 percent respectively of the month’s food. Of the 98 percent constituting the vegetable food, 7 percent consisted of grass seed, largely of plants of the genera Zizania (wild rice), Pancum, and Chetocloa, and notably crab-grass and pigeon- grass, and 17 percent of various weeds not belonging to the grass family. The grass and weed seeds taken are not noticeably different from those usually eaten by native sparrows. But what especially differentiates the vegetable food from that of all other sparrows is the large proportion of grain consumed, which formed 74 per cent of the entire food of the year and 90 percent of that of the period from June to August. The examination of the contents of the stomachs of the 50 nestlings made an unfavorable showing for the species. It was found that instead of being exclusively insectivorous, like the young of all the native sparrows so far as known, the young English sparrows had taken 35 percent vegetable food, 2 percent being weed seed and 33 percent grain. The animal food was made up entirely of insects, and these were chiefly injurious. One percent of the food consisted of bugs, 3 percent of ants and other Hymenoptera, 4 percent of Lepi- doptera, 8 percent of beetles, and 49 percent of grasshoppers. 'Three- fourths of the beetles were weevils, and practically all the grasshop- pers were the short-horned (Acridide), the greater part of which belonged to the species Melanoplus atlantis and Melanoplus femur- rubrum. The destruction of these harmful insects is, of course, a service to agriculture; but it must be remembered that all the food of the nestlings of other sparrows consists of insects just as injurious, while one-third of the food of English sparrows is composed of grain. As an insect destroyer the English sparrow does its best service by 1'The English Sparrow in North America, Bull. 1, Div. Ornithology and Mam- — malogy, 1889. . 94 THE RELATION OF SPARROWS TO AGRICULTURE. destroying grasshoppers, principally in feeding nestlings, nearly half of the food of which, as shown, was found to consist of grasshoppers of the genus Melanoplus. Other Orthoptera are eaten to a slight extent. It is a common sight along roads to see the birds pursuing and eap- turing the large dust-colored grasshopper (Dissostevra carolina) which shows yellow underwings when it flies. Long-horned grasshoppers (Locustide), small grasshoppers of the genus Teftix, and, in one instance at least, the mole cricket (Gryllotalpa) were included in the orthopterous food found in their stomachs. The species of Lepidop- tera preyed on are important pests. Whenever there is an uprising of army worms, the English sparrows feast on the abundant supply. They have been observed catching the moth also of the army worm. — During spring and early summer, they remove many cutworms from lawns and, to a certain extent, feed on hairless caterpillars of shade trees. Occasionally they destroy a few hairy caterpillars: they eat the fall webworms and tussock-moth caterpillars, and sometimes feed on the moths and egg clusters of the latter species; they are included by Forbush among the birds seen to feed on the gipsy moth, and they have been observed by Weed preying on the moths of the forest-tent caterpillar.” But that they do not habitually eat hairy caterpillars and should not be expected to act as a potent check upon such insects is evidenced by the fact that only 2 of nearly 700 stomachs exainined contained hairy caterpillars. The English sparrow feeds less on useful predaceous beetles than any other insect-eating bird investigated by the Department. Only three of the stomachs examined contained insects of this class. In one case a ground-beetle, and in the other two cases tiger-beetles were eaten. No dragon-flies were found in the stomachs examined, but an hour’s field observation near the Department brought to light the fact that these useful insects, the natural enemies of mosquitoes, are relished by English sparrows. All about a pond at the base of the Washington Monument on the morning of May 21, 1898, the nymphs of a large species of dragon-fly (Libellula pulchella), which had - emerged from the water and crawled up the stalks of yellow iris and other vegetation at the water’s edge, were splitting open and the soft adults were tumbling out. The English sparrows, taking advantage of the helpless condition of these newly transformed insects, seized them and flew to the pavement above the pond, and, after some pre- liminary pecking, ate them, or carried them to their young. Along 200 feet of this pavement were 100 dragon-fly wings. Of the use- ful Hymenoptera, the English sparrow destroys few braconids or ichneumonids, but consumes a comparatively large number of scoliids (Typhia and Myzine). It has not been known to molest the common honey bee, but.on the contrary if offered these insects in captivity, it invariably refuses them. It has nevertheless been observed feeding ———— 1The Gipsy Moth, p. 208, 1896. > Bull. No. 75, N. H. Coll. Agr. Expt. Sta., 1900. ENGLISH SPARROW. 95 on a small species of wild bee (Halictus sp.). Ants are quite fre- . quently eaten. English sparrows, feeding on the ground, have often been seen to spring into the air and catch a flying ant, Lasius or Tetramorium. They also feed on Monomoriwm pharaonis. The beetle element of their food is of varied importance. They prey on the harmless dung-beetles (Aphodius) that are selected by native sparrows and many other species of birds. They also eat May-beetles (Lachnosterna)—for the most part too hard-shelled for many of the native sparrows—which are very injurious to crops, but which should _ probably be counted as neutral in this case, since most of those eaten have been maimed or killed by are lights along city streets. The destruction of weevils is productive of more benefit. These insects abound in city parks from which the English sparrows obtain much of their food, and where they destroy many of the pests, especially while feeding nestlings. The forms eaten include Baris, Centrinus, Phytonomus punctatus, Sphenophorus parvulus, and various species of Sitones. Unimportant leaf-beetles, such as Colaspis brunnea and - Cheetocnema denticulata, are eaten, but the more injurious kinds are ~ not touched. - Hemiptera, both Heteroptera (soldier bugs of the genera Huschistus and Podisus) and Homoptera (leap-hoppers, plant-lice, scale insects, _ and cicadas), as well as Diptera (Muscide and Tipulide), aresometimes - included in the sparrow’s diet. Dr. L. O. Howard has found the bird _ feeding on the maple scale (Pulvinaria innumerabilis).! My. E. H. _ Forbush has observed it eating the eggs of the white birch plant-louse (1,478 eggs were found in one stomach), and also those of the larch plant-iouse (Chermes).? _ As regards the destruction of weeds, English sparrows would be far - more effective in rural districts if they flew out into the fields to feed; but instead of this they limit their weed-seed eating largely to the F barnyard and the immediate vicinity of buildings. Thus, during November, 1899, 50 English sparrows were seen eating seeds from a _wagonful of ragweed which had been driven up to a barn. These same birds would not have flown into the field where the ragweed _ grew, because they preferred to stay near the barn and steal grain; but when a quantity of such food was brought to them they did not refuse it. As has already been shown (see p. 26), English sparrows do effective work in destroying seeds of weeds in the public parks of cities and towns. This food does not differ materially in character from that of _ the native sparrows, consisting of such kinds as pigeon-grass (Cheeto- _ cloa glauca and C. viridis), yard-grass, Bermuda or wire-grass, lamb’s- ' quarters, crab-grass, sweet clover (Melilotus alba), knotweed,. field mustard, black bindweed, smartweed, climbing false buckwheat, dane delion, sunflower eae annuus), and ragweed. a, t 1 Bull. 22, Div. Entomology, New Series, p. 12, 1900. : ? Mass. Crop Report Bull. 3, p. 31, July, 1900, 96 THE RELATION OF SPARROWS TO AGRICULTURE. In cities the grain that enters into their food is composed so largely of the semi-digested oats in horse droppings in the streets that it should not be allowed to weigh against the species appreciably in esti- mating the character of its food habits. But in rural districts it is largely drawn from man’s supply. There is scarcely a grain crop which English sparrows do not habitually injure. They pillage the fields by thousands and cause great damage. It appears, therefore, that there is little to be said in favor of the English sparrow. Its insectivorous habits are creditable as far as they go, but they are insignificant because the diet is almost exclu- sively vegetable; and while it is in the vegetable fare that the value of most sparrows consists, yet in the ease of the English sparrow the damage to grain far overbalances the benefit of weed-seed destruc- | tion. Adding to this the injury it eauses to buildings and statues in cities, there is no escape from the conclusion that the bird is a serious pest the extermination of which would be an unmixed blessing. The obnoxious character of the English sparrow is widely recognized, and numerous attempts, by means of bounties and otherwise, have been made to rid the country of its presence, but with little success. The wariness of the bird, its hardihood, and its prodigious fecundity have thus far rendered all such efforts futile. In the city of Boston, during 1899, a crusade was inaugurated through the efforts of the American Society of Bird Restorers. From March 13 to April 5, six men were employed in the Common and Pub- lic Garden -destroying the nests and eggs. Five thousand nesting holes were plugged up, 4,000 nests destroyed, and 1,000 eggs broken, but no birds were killed. It is claimed that nearly half of the spar- rows which normally breed on the Common and Public Garden were driven away. In May only 250 to 300 pairs of sparrows were found, while the number of pairs counted in the parks before the sparrow war began amounted to 500. a Much is always to be learned from an experiment of this kind, and ; other cities should profit by Boston’s experience. There is reason to ~ believe, however, that the present rapid supplanting of horse power by electricity will, by reducing the food supply of the birds, do more toward diminishing their numbers in the city parks than any plan for restricting their reproduction. = The amount of expense that may profitably be incurred in com-— 4 bating the sparrow will depend on circumstances, as in the case of the house rat and mouse; but it should be borne in mind that the bounty system has proved to be only an extravagant failure. Acridide, 23. Adalia bipunctata, 46. Agouoderus pallipes, 21, 47. Amara, 21. impuncticollis, 46. ~ Amaranth, 25. Ammodramus caudacutus, 64-65, 65-66. henslowi, 63-64. maritimus, 65-66. nelsoni, 64-65, 65-66. nelsoni subvirgatus, 64-65, 65-66. princeps, 59. 4 sandwichensis alaudinus, 59-61. sandwichensis savanna, 59-61. savannarum passerinus, 61-63. 7 savannarum perpallidus, 61-63, Andrena, 2]. _ Anisodactylus, 21. q rusticus, 47. _ Anisopteryx vernata, 23. » Ants, 9-10, 14, 20, 32. _ Aphididae, 23. _ Aphodius, 20. _ Army worms, 10, 23. _ Aughey’s investigations, 23. Bark-beetles; 47. _ Bayberries, 14. Bm bees, 21. Bembidium, 21, _ Bibionidee, 20. q Bindweed, 25. _ Blister-beetles, 46. Braconidz, 10, 21. _ Brochymena, 48. - Bugs, 9, 14. - Butterflies, 13. _ Calcarius lapponicus, 54-55. _ Cankerworms, 23. - Capside, 23. Captive birds, 12, 45-50. ' Carabidee, 9, 10, 21, 46-47. Caterpillars, 13, 23. Cereals, 14. - Chalcididee, 10. - Chalepus, 45. _ Chickweed, 25. _ Chipping sparrow, 76-78, 79-80. Chironomide, 20. _Chieenius eestivus, 47. _ Chondestes grammacus, 66-68. grammacus strigatus, 66-68. -Chrysomelide, 9, 23. Click-beetles, 9, 13-14, 23. Coleoptera, 9. _ Crab-grass, 25. INDEX. Crane-flies, 9. Crickets, 85. Cucum ber-beetles, 46. Cutworms, 10, 15, 28. Dandelion destruction 26. Diabrotica 12-punctata, 46. Dickcissel,. 89-92. Diedrocephala, 48. Diptera, 9. Dissemination of noxious seeds,22, 37, 44, 49. 50. Dragon-flies, 94. Drasterius, 23. Dung-beetles, 9, 20. Earthworms, 14. Economic status of birds, how determined, 16-17. Elateride, 9, 23. English sparrow, 26, 92-96. English sparrows destroyed in Boston, 96. Ephemeride, 20. Epicauta, 46. Epitrix, 23. EKucoptolophus sordidus, 45-46. Euschistus, 48. Experiments: Food of nestlings, 12. Preferences in food, 12, 45-49. Protective devices cf insects, 45-48, Farm investigations, 15, 21, 24,27, 29-45, Feeding habits, 35-45. Field habits of sparrows, 31-34. Field sparrow, 78-80. Flea-beetles, 46. Flies, 20. Forbes’ investigations, 23. Fox sparrow, 87-89. Formicide, 20. Geometridee, 23. Grain destruction, 21-22. Grasshopper destruction, 62-63. Grasshopper sparrow, 61-63. Grasshoppers, 10, 13, 23, 45-46. Ground-beetles, 9, 10, 144 21, 46-47. Habitats selected, 29-31, 36. Habits of birds, exceptional, 17. Halictus, 21. Harlequin cabbage bug, 46. Harpalus, 21. pennsylvanicus, 47. Harris’s sparrow, 68-69. Henslow’s sparrow, 63-64. Hemiptera,9. Heteroptera, 1/4, 23. Hippodamia maculata, 46, by English sparrow, Ke eg ee Oe one Homoptera, 23. Hydrotrechus, 48. Hymenoptera, 9, 14,21. Ichneumonide, 10. 21. Insect invasions: Cankerworms, 23-24. Grasshoppers, 23. Hairy caterpillars, 24. : Locust leaf-mining beetles, 35. May-flies. 35. Tobacco-worms, 24. Insect remains in stomachs, 13-14. Insects eaten by birds, 8-11, 19-21. Interaction of organisms, 17-18. Ipswich sparrow. 459. Jasside. 9, 23. Junco. 80-82. Junco hyemalis, 80-82. Lace-wing flies, 48. Ladybird beetles, 46. Lamb’s-quarters, 23. Lapiand longspur, 549. Lark sparrow, 66-68. Lasius. 10. Leaf-beetles, 9, 28 Leaf bugs, 23. Leaf-hoppers, 9, 23, 48. Lema trilineata. 46. Leucarctia acreea, 48. Libeljlu:a pulchella, 94. Limnea, 20. Limonius, 23. Lincoln's sparrow, 86. Locustide, 23. Long-horned beetles. 47. May-beetles, 9, 13, 45. May-fiies, 14, 26,35. Melanopius spretus, 23. Melospiza melodia, 82-86. georgiana, 87. lineolni, 86. Methods of examining stomachs, 12-15. Midges, 9. Millers, 48. Mineral substances in stomachs, 19. Moths, 13. Murgantia histrionica, 46. Myzine, 21. Nebria pallipes, 47. Nectarophora destructor. 77. Neoclytus erythrocephalus, 47. Nesting places, 29-30. Nestlings’ aie habits, 11-12, 23, 93. Noctuide Odontota, = Oplion bilineata, 47-48. Papilio turnus. 48. Passer domesticus, 92-96. Passerella iliaca, 87-89. Passerina nivalis, 51-44. Pea-lice, 77. Pentatomide, 2 23. Phytonomus, 23 Pigeon-grass, 25. Plant-lice, 23, 77. _ Tiphia, 21. ~Winter food habits, 38-45. Platynus, 47. Scere Poison ivy, 14. ray Pocecetes gramineus, 56-58. gramineus confinis, 56-58. Pterostichus sayi, 47. Purslane, 25. Ragweed, 25. Rhynchophora, 9, 23. Rocky Mountain locust, 23. Salt-marsh caterpillar moth, 48. Savanna sparrow, 59-61. Scarabzeid beetles, 9. Scoliide, 21. Seaside sparrow, 65-66. Sharp-tailed sparrow, 6466. Sitones, 23. hispidulus, 46. Skin-beetles, 47. Smartweed, 25. Snails, 20. Snowflake, 51-54. Soldier bugs, 23. Song sparrow, 82-86. Spiders, 10, 14, 20, 48. Spiza americana, 89-92. Spizella monticola, 75-76. monticola ochracea, 75-76. pusilla, 78-80. pusilla arenacea, 78-80. __ socialis, 76-78, 79-80. . socialis arizonz, 76-78, 79-S0. Stalk feeding, 38-39. 42-43. Stinkbugs, 48. er Stomach examinations, method of procedure, ay 2=15: 4 Summer food habits, 31-35. Swallow-tail butterfly, 48. Swamp sparrow. 87. Systena. 23. Tent caterpillar, 77. inornata, 14. Tobacco worms. 24, 33. Tree sparrow. 75-76. : Trogosita ccerulea, 47. Trox, 47. Vegetable remains in soa 14. Vesper sparrow, 56-58. Walsh's theory, 10-11. Wasps. 9, 14,21. 47-48. Water-striders. 48. Weed destruction, 25-29. Weed seeds, 48-49. Weeds, 8. } Weevils, 9, 14, 23, 24, 46. White-crowned sparrow. 69-72. White-throated sparrow, 72-75. Wireworms. 9. Zabrus gibbus, 21. Zonotrichia albicollis. 72-75. leucopnrys, 69-72. leucophrys gambeli., 69-72. leucophrys nuttalli, 69-72. querula, 68-69. oy : eS ; we J F AK ~ * : cba th 10. _S. DEPARTMENT OF AGRICULTURE DIVISION OF BIOLOGICAL SURVEY ty J ages a ne ~ T. S. PALMER and H. W. OLDS ASSISTANTS, BIOLOGICAL SURVEY ? PREPARED UNDER THE DIRECTION OF ee Dr. C. HART MERRIAM Rae CHIEF OF BIOLOGICAL SURVEY ; WASHINGTON GOVERNMENT PRINTING OFFICE 1901 : = a! (eae eT é ane Sapa Sane eon acnegt -vasitu Sud. 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OeLG RIG RSA Bae O25 x MK « =e: OC. : — OS KOTO OX Oro ass Oa 9 Off Ve > See. 4 nk See OPO, OROs 0! Gee Fe 30701] S758. So UEC Nem O G0.0 0 Nace Geo KS NG IIS OS .* : I x x x x . MVQ'N:--- R Ss) @) (0) (felis NSS ilertwn evel el Pe * . 5 all MOR 4 - x * KK XK ool Mo RX ox rau & CET Tere eee Oe uM ™ 7 x et uae tee x Sho Ie Tey x Ox * biseimstearielrehierin obs Sis Acie eo Seti ce ie ac Seem a RCI x x SRE Ss ee acd ROMA RT Nae gC SS raunyjnoudy jo "3deq °s "7 ‘Aeaing Jeo!sojolg ‘91 “11Ng BULLETIN No. 16 oe UEPAR PMENT OF AGRICULTURE DIVISION OF BIOLOGICAL SURVEY DIGEST OF GAME LAWS FOR 190] BY eo iv Ream Fis W. OLDS ASSISTANTS, BIOLOGICAL SURVEY PREPARED UNDER THE DIRECTION OF Da ©. PEALE TWEE) BT ALM CHIEF OF BIOLOGICAL SURVEY WASHINGTON : GOVERNMENT PRINTING OFFICE M 1 ACI a LETTER OF TRANSMITTAL. U.S. DEPARTMENT OF AGRICULTURE, Drviston oF BroLoGicaL SURVEY, Washington, D. C., August 9, 1901. _ rr: I have the honor to submit herewith, and to recommend for _ publication, as Bulletin No. 16 of the Biological Survey, a report entitled ‘ Digest of Game Laws for 1901,’ by T. S. Palmer and H. W. ~ Olds. The object of this report is to present in convenient form the provisions of the laws now in force, including the amendments en- acted during the present year. In view of the fact that the game season opens in several States on September 1, it is desirable that this bulletin be published and distributed as promptly as possible. Respectfully, T. S. PaLMeEr, Acting Chief, Biological Survey. s Hon. Jamms Wrtson, Secretary of Agriculture. Bie ACE ~The act of Congress approved May 25, 1900, requires the Secretary of Agriculture to collect and publish, from time to time, useful infor- mation concerning the preservation of game and other birds. In accordance with this provision it has been deemed important to pub. lish a digest of the game laws earns the numerous changes made during the present year. In the spring of 1901 legislative sessions were held in about forty States and Territories, and in nearly all amendments to the game laws were enacted. Numerous changes were made in the old laws, amount- ing to 200 or more in the matter of close seasons alone. This multitude of amendments has necessitated a thorough revision of the bulletin issued in 1900, entitled ‘ Laws Regulating the Transportation and Sale _ of Game,’ and the issue of a new report has afforded an opportunity for making certain important additions, including a chapter on Federal game laws, a digest of the county laws of Virginia, and incorporation of the provisions of the Canadian laws. Expe1ience has shown that while much stress is laid on close seasons, comparatively little impor- tance is attached to violations of other provisions of game laws. It does not seem to be generally recognized that killing game by illegal methods, in excess of the number allowed by law, or for unlawful pur- poses, is as serious an offense as killing game out of season. — In order to emphasize this point, a special chapter on methods has been intro- duced and some of the other sections in the former report have been _ rearranged. As the bulletin now stands it is practically a complete digest of existing Federal, State, and Provincial laws relating to the capture, shipment, and sale of game. It has been possible, how- ever, to give this information only in the most condensed form. Attention is called to the tables at the end of the bulletin in which the close seasons under State and Provincial laws for all the more impor- tant game of the United States and Canada are brought together for _ ready reference, and similarly close seasons for the principal game _ protected in Maryland, Virginia, and North Carolina, under county laws. It has been possible to give extracts from the laws only in the cases of sections relating to shipment and sale. All provisions relating _ to enforcement of laws, appointment and duties of game commissions _ and wardens, procedure, search, and disposition of confiscated game : p 6 PREFACE. have been necessarily omitted. Detailed information on these and other points must be sought in unofficial compilations of game laws, in the compilations issued by State authorities, or in the statutes themselves. In the preparation of the bulletin much assistance has been derived from the valuable compendium published under the title of ‘Game Laws in Brief,’ which, however, is designed primarily for the use of sportsmen, and omits penalties and frequently the provisions regard- ‘ing sale. The difficulties of the work have also been materially les- sened by the aid rendered by State officers and private individuals, who, with uniform courtesy, have furnished copies of the laws or other information. It should be stated that many of the statutes were not accessible until after July 1, and even at the date of going to press it has been impracticable to consult the county laws passed this year in Tennes- see, or the amendments enacted in Delaware. The time for preparation of the bulletin has thus been short, and while great care has been taken in compilation, errors may have crept in, which, under other cireum- stances, might easily have been eliminated. Sportsmen and others, therefore, are requested to report promptly any inaccuracies or omis- sions that may be detected. T. S. PALMER. H. W. Grae: _— a ee dL = a ~ CONTENTS. Page. Peer Ciccunnion OL dame Inws 22222. -) 2-1-2 - 2 eee tee 11 WOES SRG So ety ei ee Se RS Ce ee en: Bese he 11 we LTE DEES TL ETT 0 Is ec eR RE ys heer itt PELE STI ie Ll i Sah i ae Oe A os ie a Feed Te 13 le Pei eee ICE NR I te ee ee No Don ee ee ee ee 15 A step toward uniformity—the Hallock Code -......--------------- 19 : Peuenons 25 10 the time of killing game... _-.:.-..----.-----.---2---s- 20 Mee REISS yo! Soa a ke Tey DOR os is RS eae 20 Steer EOLeeiecd 408 a term Of years 2 =: . 2.2 5 i Se Jee -8 2 5- 30 Rerrchonsad to meuiods of hunting... .._...-.-..2..2-22-s2-2-22-4 le 40 Peninraa PEPE rr Set Po ire oie a. MS oa ee LE BR oe 40 we SOLED YE LSA EE Die an Bl seal tee ke ee le 41 j WUSRRRRIE SOGRR RURIE BIAS a ean NS Se keg nee Sy ge ee 44 . rceases tor hunting or shipping game___-_.--..--2----2-2-22+--224 46 3 Restrictions as to purposes for which game may be killed_..----.-------- 51 ) Rates nnSSERE SREP entre othe ye oe. lis) hd ee ee MO 51 wee IS UDG SS De a ay Os ie ee ge dl LP JSLESSLT SS CG SPT eS Bee i a ene ene ee 52 age nee eet eyes ee ee ee ee ee ee eee 53 iuea MARES RMNSETEC ARUN eee Ke 2 ee es oe ee 57 WR AMPCRRTER ACCRA Oe ee er eo ene ae ee oo SSS 57 Shipment within the State -_-..._..-..-- ane aes Stet ee Sa 58 ibe UR MME PUMICE RET Met 2S yor et Be ge ds we ee eee 60 PELE PTE [PRIDE Se a a Pee 65 II. Abstracts of laws with special reference to shipment and sale _.__.------- 69 SLADE LE bc ob Rees Sai eae Po 2g 69 ee ELE REST LSS} SINUS aps oS Si ac ae ae eR ea ra. ELT SG CELL a ae ene Pg 72 Den RPM RPEE EE the open and close seasons, since either may be obtained by read- ing the other backward. Thus, when the close season is stated as December 1 to October 1, the open season begins October 1 and ends December | (in each case the last date being excluded). In some States certain days of the week constitute additional close seasons throughout the term in which killing is permitted. Sundays constitute a close season for all game in Maine, Massachusetts, Connec- ticut, New York, New Jersey, Pennsylvania, Delaware, Allegany 20 ; PLATE III. Bull. 16, Biological Survey, U. S. Dept. of Agriculture. MAP SHOWING DIVISIONS PROPOSED BY HALLOCK CODE. Territories are so grouped that game seasons may be uniform, or nearly so, in each division. _ eee ee ery ? A cn a a = T= Dal i ow ar ro oe ee = =F fsa, Fy a ee a ee = = * CLOSE SEASONS. Dil County, Md., the District of Columbia, North Carolina, Alabama, Florida, Ohio, Indiana, and the Indian Territory, and in Manitoba, Ontario, New Brunswick, and Newfoundland. Mondays also constitute a close season for ducks in Ohio; Mondays, Wednesdays, and Fridays for wild fowl in Carteret County, N. C., and Wednesdays and Satur- days for wild fowl in Currituck County, N. C. Similar exceptions are made for wild fowl in Anne Arundel, Cecil, Dorchester, and Harford counties, Md., and in Connecticut for wild fowl at certain points on the Housatonic River and Long Island Sound. These special exceptions and the county laws of Alabama and Missis- ‘ : : sippi, of which no recent compilation is available, are not given in the fol- lowing table; but otherwise the table may be regarded as a practically complete résumé of the regulations now in force. It is based primarily on the summary contained in ‘Game Laws in Brief,’ and has been corrected to August 1,1901. The section relating to Maryland county laws has been taken from the abstract prepared by the Maryland Game : and Fish Protective Association. That for North Carolina is based on the synopsis of the game laws published by the secretary of the State Board of Agriculture,’ supplemented by the Public Laws of 1901. That relating to Tennessee county laws has been compiled directly from the code of 1896 and the session laws of 1897 and 1899. Finally, the section for Virginia has been compiled from the codes of 1887 and supplement of 1900, and the session laws of 1888-1900. The difficulty of securing absolute accuracy in a table of this kind is very great, and the absence in the laws of many States of express legislation as to the inclusion or exclusion of the dates beginning and ending the seasons makes exactness almost an impossibility. peetart Close seasons. [The close seasons include the first date, but not the last. To find the open seasons reverse the dates. No close season is prescribed by State laws for any game not mentioned in the list. Seasons which apply only to special counties are given in the middle column. See also tables at end of bulletin. | States. Kinds of game. Close seasons. Alabama ....-.. IDG EIR SS Boks ACG GAN SESE NE ae PART MRIS ie Hage ce mG Tes A Ea Jan. 1-Sept. 1. (1899. ) Squumrely (black Srey. On tOxe) es see eeaoes| ae nee ee Feb. 2-July 1. Quail, partridge, grouse, prairie chicken, pheasant, wild tur- | Mar. 2-Noy. 15. key, woodcock. DOR ao Oe Sad te Sars OS AEE eee ah mehr a len he Pee ae eS Mar. 1-Aug. 1.2 Pheasant (Chinese, English, Mongolian), 5 years ............-- Until Feb. 8, 1904. (59 counties excepted from operation of State law, but numerous county laws in force.) FAUNA = = == == TAM STIG Beh Oo een pa tae oo Cae I A ene 8 li Se Dec. 15-Nov. 15. (1901. ) Female deer, fawn, elk, mountain sheep, mountain goat ...... At all times. PARCEL OIC ae eee ae eee ee eee ann ae ee oe ee Until Jan. 1, 1906. Suan ppobwiitte, grouse, pheasant, snipe, rail, duck, goose, | Mar. 1—-Oct. 15. rant. ANGIE GDI Leen Pee ee A re a VS Se ee Dec. 15—Nov. 15. Arkansas ...... WD CCT RHE epee MN aM a ain REDE eeu ee a esis Mar. 1-Sept. 1. QuaivorWAreimMlaMantridee sy e4- eee ee acemscecossee=ccoe sae oss Mar. 1-Oct. 1. Pinnated grouse, prairie chicken..................--...-------- Dec. 1-Oct. 81. AWVAUIGE OUP EeNG ES esc oee ae rari eis CU coe ee Oy ee ee ans eee May 1-Sept. 1. IDO G aie ce CBOE SB ae 6 CAO IO GOTO TT eee ee a ean soe At all times. 1 Bull. N. C. State Board Agriculture for Oct., 1900. # This seems to be the intent of the law, but two lines have evidently been transposed in printing. See Bull, No, 12, Biol. Survey, p. 56. 4 , site, DIGEST OF GAME LAWS FOR 1901. Close seasons—Continued. States. Kinds of game. Close seasons. California (1901. ) Colorado (1899. ) Connecticut... (1901. ) Delaware. ..--- (1895. ) District of Co- lumbia. (1899-1901. ) MEMOS ss--e (1899-1901.) ~ eececee Male -deerri3 2 Se eee a eee eee = sage te Se SES Female deer, fawn, elk, antelope, mountain sheep............- Tree. squirrels... 2. . Svasscose he eee ee eee Quail, partridge, grouse, sage hen, plover, curlew, ibis, rail, wild duck. Mongolian or English pheasant, bobwhite, Eastern or Chinese quail, English partridge. DOW wjeesepes necheecese sie SR tea =o See ee Deer and antelope! with Noms os-4-6-42 22 eee eee eee Elk with hoOrms:=.5.23ises oSe5 sates Sse ee ee ee ee ee Bison or burialo, mountiainishee pees === once ae ee Quail, pheasant. partridge, ptarmigan==---.-5se. 2222s =e Grouse, prairie chicken, sage chicken, wild turkey Dove, ‘Wald pigeon so2 32 ee ee ee ee ee ee eee Snipe, curlew, crane, duck, goose, brant, swan, waterfowl (see exception). Exception: Altitudes above 7,000 feet ...........:.-..-.....-- Deer, l0ryearts.. 2 thc esce ase ctee stot ee eee eee ee eee Gray squirrel 2.2222 Sot Ree ee ee eee Wild hare; rabbitic.3. 5:8. =o ee ee eee Quail. ruffed eTrouse: WOOd COCK 25222. ene ee eee Pheasant (Chinese orsMongoliam) possesses se eee DOVG:- 222503 222 E Se ech ew dee eee ee eee ee Wilson’s snipe (English snipe), plover, rail, gallinule, mud hen, bay snipe, shore birds, web-footed wild fowl. Rabbit 2552820 se Se ey Sere Ne ee Quail, partridge. pheasant. 2622-6 225. tee ee eee DOV Gross eos ties ce setae ke oe eee eee oe eee SO eee Reedbird Wild duck (except summer or wood duck), wild goose, brant, swan. Deer meat (sale or possession prohibited) ..........-.:.----.---- Rabbit (except English rabbit, Belgian hare), squirrel Quail. orpartridge se. is o4sh soso eee eee Ruffed grouse or pheasant (except English, ringneck, or other foreign pheasants raised in inclosures), wild turkey. Prairiciehiekenionpimnated enouseses=-e senna) eee ee ee ae Woodcock. 2-425 5: 52. Bee a ee een ee ee ee ee DOVE 25.252 Scie seneieeale fred grouse or partridge, woodcock (except on Cape Ann). RIMMAteCyerOUse 2d OViGRE es 2) masse eos hie. e eS ote oe ae a ele Mula vor passen@er PleeCONy. sa 6 a Ps coats Se eee siewse Steen nee Pheasants (English, golden, Mongolian), 5 years..-.--....----- Plover, snipe, sandpiper, rail, or any ‘shore,’ ‘marsh,’ or ‘beach’ birds. Wood orsummer duck, black duck, teal: 2-222: 222k 4.252.255 CO) GIT TGR CG ee op eet a ae te onc aay ie pea eS NEERI(SECOxCEP EONS) esa hee ee eee acc Saban sce oats oi Feel Exceptions: Deer in red coat and fawn in spotted coat ....-....-....--! Deer on island of Bois Blanc,and in Allegan, Huron, | Lapeer, Macomb, Monroe, Ottawa, St. Clair, Sanilac, ands Tuscola coumbies 222.2222 32.2225. Until Jan. 1, 1906 Eke OOSCHCATNO OM aries ates fe ne ae ala ee a ea NOMECrels (Dla Cle Storms OL ETAY )\ ao or Nose sei So ee ase ce leanne Quail (colin), ruffed grouse (partridge or pheasant—except on Upper Peninsula), spruce hen, woodcock. 1 Otherwise as stated in State law. _? Gray squirrels, chipmunks, rabbits, and all land birds except English sparrows protected at all times until 1902 on Cape Ann, and the same with the added exception of ‘beach or marsh birds’ protected in the town of Essex until April 20, 1904. 3 For sale seasons, see p. 55. *This is the old law. The Attorney-General of Michigan has declared that section 10 of the law of May 1-Aug. 15. May 1-Aug. 15. Noy. 1-Sept. 1. Noy. 1-Sept. 1. Apr. 10-Noy. 1. Until Noy. 1, 1903. Mar. 1—-Oct. 1. Dee. 1-Oct. 1. At all times. May 1-Oct. 1. Until 1905. May 1-July 15. Mar. 1-Sept. 1. May 20-Sept 1. Dec. 1-Nov.8. At-all times. Until 1911. Dec. 1-Oct. 15. Dec. 1—-Oct. 20.4 1901, making Dec. 1-Oct. 1 the close season for quail or colin, ruffed grouse or partridge, spruce hen, _ and woodcock, is unconstitutional and that the old law on these birds stands unrepealed. Section _ 10 of the new law as approved by the Governor differs from the same section in the bill passed by _ the legislature as shown by the legislative journals. (See Am. Field, Vol. LVI, p. 104, Aug. 10, 1901.) 26 DIGEST OF GAME LAWS FOR 1901. Close seasons—Continued. States. Kinds of game. Michigan...-.. Partridge: (Upper Peninsula) i -ss- oeeee eee eee Dec. 1-Oct. 1 (1897-1901. ) OVE 2 od. Ute ooeN sea etne ents. BGe suse eter ae oe eee Minnesota. .... (1899-1901. ) Mississippi? --- (1892.) Missouri .....-- (1901. ) Montana (1897-1901. ) Nebraska!..__. (1901. ) New shire. (1901. ) Hamp- New Jersey 1... (1900-1901. ) New Mexico .. (1901.) | Pheasants (English or Mongolian), pinnated grouse (prairie chicken), wild turkey, wild pigeon. Plover, snipe, wild duck, wild goose, brant, or other waterfowl (except that jacksnipe, bluebill, canvasback, widgeon, pin- tail, whistler, spoonbill, butterball, and sawbill duck may be hunted Mar. 2-Apr. 10). Deer .. Skee ee ease ee eee ee eee ee fers et a Elk, female moose, female caribou Moose and caribou (males) Quail, partridge, ruffed grouse (pheasant) Sharp- tailed or white-breasted grouse, pinnated grouse or prairie chicken, turtle dove, snipe. Pheasants (Chinese, English, Mongolian), 5 years....._........| Upland plover, woodcock Wild duck, goose, brant, or any aquatic fowl Deer 5 ciao et as Be eS Ca Se ere ace pe ee Quail or partridge, wild turkey Turtle or mourning dove, starling (field lark)................-- DOOR. 252 hee See ies et eee Quail (Virginia partridge), ruffed grouse (pheasant or par- tridge), Chinese pheasant, pinnated grouse ( prairie chic ken), wild turkey. Turtle dove, meadow lark, plover, woodecock Wild duck Moose, caribou, antelope, bison or buffalo, mountain sheep. --. Grouse or prairie chicken, fool hen, pheasant or partridge. ._.. Sage hen-turtleidovewesa22 S5. See oat eee eee Quail, Chinese pheasamts .- 52422222. PT SE te nn Set Wild duck, goosesibrant,Swal.-. 2tlen. 2ecee eee ee ee ene Deer; antelope (Gvuitilghorns) pase = se ee ee I yD ane eit ere ee Sept ere ra ate ACN Cad Bic Quail Partridge, pheasant, wild turkey, curlew...-.-...--------:-.--- Prairie chicken, sage chicken, grouse. ------22-22---+--2-s---=- Wild pigeons doves plovertass-a-o-seee eee eee Jacksnipe, Wilson snipe, yellow-legs (other snipe protected at all times), wild duck, goose, brant, swan, crane. Deer, antelope (males Female deer and antelope, all elk, caribou, mountain sheep, mountain goat. Mountain quail, STOUSE <2 .s2 eee Re Ae see sone See eee eee ee Pheasamb: <2 22. Sahce seock Shaeeetes cee e eee Ee tee eee ee meee ee ee Valley quail, prairie chicken, woodcock, plover, snipe, cur- lew, wind hen [mud hen], sand-hill crane, wild duck, wild goose, bittern. Deer (see exceptions), elk, moose, caribou ..........-.....-.--- Exceptions: Deer in Carroll, Coos, and Grafton counties (except towns of Ashland, Canaan, Enfield, Grafton, Lebanon, Lyman, and Orange, in Grafton County). Gray squirrelTracco0Om.w-245.- ee te eee eee eee eee Hare} aly e were ee ee eee eee DOVE oie coe vs eee cs ia se ged Te er Plover, yellowlegs, sandpiper, rail, duck (except sheldrake). -j (cc Beach birds’ may be shot in Rockingham Co. after July 15.) eer Squirrels) (sray, black jiox) shares Or rabbits eee eee eee Quail (partridge), ruffed grouse (partridge or pheasant), English or ring-necked pheasant. Dove, upland ployer: 52.2222 ses ese eee eee Woodcock Gray, snipe (Hnglishior Wilson snipe) perees sees ener eee eee Reedbird;srail-bird>-marshthen sesso eee eee eee eee eee Duck, goose, brant, orother web-footed wild fowl Deervellgantelope; moumtainishee pees] e 2 =e ee eee ee Mountain! 90a 2 2s2 26-2 oe soe ree eee Quail Partridge, grouse, prairie chicken, wild turkey PHEASANTS. cis) j Noo ecieeas scissile eee See CECE CREE re wierdemenee 1 For sale seasons, see p. 55. 2 County laws in force. 3 Applies only to counties polling less than 1,900 votes. 4Under the general provision protecting all game for which no open season is provided. 5 Except month of July. 6 Except month of April. 7 Under Chap. X XY, Laws of 1901, Oregon or ‘Denny’ pheasants are e protected indefinitely. —————— Close seasons. At all times. Until 1910. Dee. 1-Oct. 1. Noy. 80-Nov. 10. At all times. Nov. 21-Nov. 16. Dee. 1-Oct. 1. Novy. 1-Sept. 1. Until Sept. 1, 1904. Oct. 31-July 4, Jan. 1-Sept. 1. Mar. 1-Sept. 15. May 1-Oct. 1. Mar. 1-Sept. 15. Jan. 1-Oct. 1. Jan. 1-Noy. 1. Jan. 1-Aug. 1. Apr. 1-Oct. 1. Jan. 1-Sept. 1. Noy. 1-Sept. 1. At all times. Dec. 1-Sept. 1. Dec. 15-Aug. 1. At all times. May 1-Sept. 1. Noy. 16-Aug. 15. At all times. Until Nov. 1, 1903. At all times. Dee. 1-Oet. 1. Oct. 31—Apr. 15. Apr. 16-Sept. 1. Until Mar. 28, 1903. . At all times. Until Sept. 1, 1903.3 Until Sept. 1, 1906. Mar. 2-July 1. Nov. 2-July 15. Mar. 16-Sept. 1. At all times. Dee. 16-Oct. 1. Jan. 1-Sept. 15. Apr. 1-Oct. 1. Dec. 15-Sept. 15. At all times. Feb. 1-Aug. 1. At all times.4 Jan. 1-Nov. 1. Jan. 1-Novy. 1. Jan. 1-Oct. 1.5 . May 1-Sept. 1. Until Mar. 19, 1906. At all times. Mar. 1-Oct. 1. Jan. 1-Oct. 1. Until Mar. 14, 1906.7 OLOSE SEASONS. Oo Close seasons—Continued. States. Kinds of game. Close seasons. New York! ...| (See special laws for Long Island below.) Ge Et en OP er ECE X COMMONS © fs era en sweat an een saeco ee nee nce ned Noy. 16-Sept. 1. Exceptions: Delaware, Greene, Sullivan, and Ulster counties, Until 1902 NIWA wetter a etc eye Cee eee a aoe em oe At all times like aIMOOSeNCATINTOUM AMLELOP Em eee carck ce aes | ee cette wee At all times. Squirrel (black or gray, except in Greene County, Dec. 16- | Dec. 16-Sept. 1. Oct): Hare, rabbit: Albany, Columbia, Dutchess, Erie, Livingston, Monroe, Orange, Orleans, Schoharie, Steuben, Ulster, and Wyo- | | IMUM COUMGLES esses one case score else Dec. 16-Sept. 1 Richmond and Rockland counties.........-. Dec. 31-Nov. 1 | Oneida and Sullivan counties ..........--. Feb. 15-Sept. 16 GrECUEICOUMbYe ee aan cee oe oe ne nee ae Dec. 16-Oct. 1 EIPMILOMNC OUMNI Waa ce eee ce eee ete ee os Feb. 1-Noy. 1 Ghasle (SEQTEXCEP LIONS) hae sas seee oes Shee St heen ene haere ee omens Dec. 16-Noy. 1. Exceptions: . Cattaraugus, Cayuga, Chautauqua, Erie, Genesee, Mon- | roe, Montgomery, Niagara, Rensselaer, Richmond, | Saratoga, Wyoming counties.....-....------- Until 1903 | GROUSE (SEGOXCEMETONS) ce se enc Se tee eee ae eines iat scci a, c)ais'= Dec. 16-Sept. 16 Exceptions: Greene, Sullivan, and Ulster counties ....- Dee. 16-Oct. 1 | Cay uga, Erie, Genesee, Livingston, Monroe, Niagara, Or- ) leans, Rensselaer, Rockland, and Wyoming counties, Until 1903 WOW Caren cies sees a5 Scere Saleiseeaine acm PES See Aes sa wae site eemcoees At all times. Mongolian ring- necked ieasAmMbs hte eee eae moe tecis sa Until 1905. Nioodecocks(SeeiexGEptlons)s. 405-2426 2a sone eee etme eeueas- Dec. 16-Sept. 16. Exceptions: Clinton, Essex, Fulton, Hamilton, and Warren coun- NCC Rr eeey eee yates Damen ais Skee ofose Dec. 16-Aug. 16 | OneidarCoumby fos s 22 oe eases se ise scices Noy. 16-Sept. 1 Richmond County ss. oo. 52.5. 26- 22.2 Jan. 1-July 4 Greene and Ulster counties................ Dec. 16-Oct. 1 Rensselaer COumiive sans ssc cee tee eee weno ae Until 1903 Plover, yellow-legs, surf bird, Wilson’s or English snipe, jack- | May 1-Sept. 1. snipe, bay snipe, curlew, rail, water chicken ,mud hen, galli- nule, or shore bird. Duck, goose, brant, swan (exceptin Jefferson County, Feb. 1- | Apr. 30-Sept. 1 Sep t. 1) Long Island --. Dee shooting permitted only on first two Wednesdays and (1900-1901. ) Fridays after first Tuesday of November. Squumnreln(Mackwon ereny), Wares Talib sss eee sce eects seem an oe Jan. 1-Nov. 1. Quail (except on Robbins Island, protected at all times; and | Jan. 1-Noy. 1. Gardiners Island, Feb. 1-Oct.1 5). GiKOUSe. Jeukeasoebepbeasnopouse ool Goce SOUTCnO pHaG heise eras Jan. 1-Nov. 1. WWOOU COCKE Sere = ter tense cciene tees: Get G ans eerae ea eee Jan. 1-Aug. 1. Pheasants (English or Mongolian ring-neck), in Suffolk COUT eOUUNY eta nen ae ae Jan. 1-Noy. 1 Ployer, ring-neck, killdeer, oxeye, curlew, Wilson’s or English | Jan. 1-July 1 snipe, jacksnipe, bay snipe, surf snipe, winter snipe, yellow- _legs, willet, dowitcher, short necks, sandpiper, rail. Meadow hen, mud hen, gallinule SG 4d Be armas te sr See Dec. 31—-Aug. 16. Duck, goose, ‘brant, SIWieU ee Eee eee Seiae spot eee ee oes Se May 1-Oct. 1. one ALO lima Cer (SCC EXCEPULONS) 05-2202 cee cace ssece at Heese eee scb ecb ecs Jan. 1-Oct. 1. (1883-1901. ) Exceptions: IBeTie ME CMU eRe neo be awe bee os came soba ener. 1-Oct. 1 TBHDUMS\ Kleen ae Ra ae ae ai teas eels Feb. 15-July 15 COPEUIICG yi ag Se Se ae ene ee Until March, 1905 WAS TCI oe ye ee re re TB Until Feb. 9, 1907 Cherokee, Graham, Jackson, Richmond, Scotland, Swain, eb. 15-Aug. 15 Clava Wa COMS: © setmess oad se Set tein sac hse esos Until 1902 Columbus (Lake Waccamaw), Robeson..... Jan. 1-Oct. 1 Currituck (on North River side of Poplar Branch Town- SUMP oe seer We acon oes cs metiet oe Sewe nse) Mar. 1-Sept. 21 Dare aoe aac soda eee eee Soe te Mar. 1-Oct. 15 Hyde (except near Mattamuskeet Lake), Tyrrell, Feb. 15-Aug. 1 Mitchell (Grassy Creek and Snow Creek townships), Noy. 15-Oct. 15 INEOMES OME eer ce re toes Cee a eee any Until 1906 JRA OGU TOO) 4 3 eee Se Seen gs ea eer ieaed yoni aed ete Mar. 1-Sept. 1 eRe lle Neer e tie eee ser se es neat Feb. 1-Oct. 15 Johnston, and all the counties east of the Wilmington and Weldon R. R. (except New Hanover and such as ALG MET OMEO ADOVE) amano ee eee ene nae Unprotected 1 For sale season, see p. 5d. 50387—No. 16—01-——3 28 States. North Carolina (1883-1901.) DIGEST OF GAME LAWS FOR 1901. Close seasons—Continued. Kinds of game. Squirrel: Bertie, Martin 22 3-2 2s sae oie oe eee eee Mar. 1-Aug. 15 Parnlicoe eso ca eee ee ee ee Mar. 1-Sept. 1 Pasquotank.....c5. 2262) eee ee ee eee eee Mar. 1-Oct. 1 Opossum: Allamance, Anson, Caswell, Chatham, Franklin, Gaston, Guilford, Halifax, Mecklenburg, Moore, Orange, Wake, ahd Warren's -2.'2). Siar Deen ae Feb. 1-Oct.1 PamMliGO nooo: sascha eee eee eee eee eee Mar. 1-Sept. 1 Quail orparinidge (See exceptions) eee se—- ae aoe ee ree Exceptions: Beautort, Wiydew: sea-cereeeenas- seers ee Mar. 20-Oct. 15 Bertie, Camden, Currituck, Pasquotank...Mar. 1-Nov. 1 Cabarrus, Davidson, Montgomery, Randolph, Mar. 1-Nov. 15 Carteret (Bogue Banks) .............. Until Mar. 11, 1905 Dare, Granville. Tyrrell ea see eee Mar. 1-Oct. 15 (Davidson). coos. aches eee see eee Apr. 1-Oct.1 MenGersOn ss es5cee ae pease 2. Se eee es Feb. 15-Noy. 15 Mecklenburg. o.-o- ae econ ee eee Jan. 10-Dec. 1 New Hanover, Richmond, Scotland......... Apr.1-Oct.15 RamilicOs 2s oece ae eee eee eee eee Mar. 1-Sept. 1 Rowan (Surry (25-22 tee ee Feb. 1-Dee. 1 Warren ...252. 52-222 25sehws cme sec se ee Mar. 15-Oct. 10 Walson 2 ss 3:25. 255s see rere eae eae Feb. 1-Nov. 15 Cherokee, Clay, Columbus, Graham, Jones, Macon, Onslow; SWallsaacc soe. sot cain mies See ee Unprotected Pheasant: CHeTOKCC . ssaee none concer ss eee ee eres May 10-Oct. 10 Cimrritekss 223 sa5- see core ee eee eee Until Apr. 1, 1906 len dersOm..... Se 2. aoeeet sc eke oe ceee es Feb. 15-Novy. 15 ROW J ssceee ccs cachet eee eae eee Feb. 1-Dec. 1 Wild turkey.(seeiexcepiions))-=22- 2 - see set te ear cee eee Exceptions: Bertie (male birds May 1-Noy. 1), Chatham. Mar. 1-Nov.1 Carteret (Bogue Banks) ............-.- Until Mar. 11, 1905 Cherokee Els re IOS DOU aes He May 10- Oct. 10 Cabarrus: D ava dSomaeae ns ace eee eee ce Mar. 1-Noy. 15 Granvillé 2-2. set ot tema sone ae eee Mar. 1-Oct. 15 HenGerson se. Os ease ets See meiner Feb. 15-Novy. 15 Ma@Ol ec. canes. oc sect a2 Seer cse nee see ee May 1-Oct. 15 Marin GmnalevbindS)ise- seaa- oe eee oe May 1-Jan.1 Mecklenburs Wilson s5-5-- = oeeeeee eee Feb. 1-Nov. 15 IPAM C07 ss hon ean ee ceeee eee eee a eeetse Mar. 1-Sept. 1 Pen dra s ese ae see os Bee no aes See eres Feb. 1-Oct.1 Randolph, Rowan ....-..- qeises eee cece ...-Feb.1-Dec.1 Richmond, Scotland sa. - se eee Apr. 1-Oct. 15 StaItlys. 2 Fennec one Se te ee ae ee eee At all times Warten! 5.00 22 Bes Ie oa ass terns Mar. 15-Oct. 10 Carteret, Clay, Columbus, Craven, Cumberland, Dare, Duplin, Graham, Jones, Montgomery, Onslow, ‘Swain, HDS 2) a a eer a EES UB SS SA SGodu a Unprotected Dove (seeexcepilOns) os. (Sanne uceneee eae eee eee Exceptions: BeaULOTt 22 sasrocies : cioaseierae eee eee Mar. 20-Oct. 15 Bene Sasi see ete se = ee One eee eee eee Mar. 1-Noy.1 Cabarrus 52 S28 oeee . oo ee eee ee eee eee Mar. 15-Noy. 15 Dayidson, New Hanover, Richmond, Scotland, Apr. 1-Oct. 15 GTA Vile Ses Sa. tees cee on wee eee eee Mar. 1—Oct. 15 Mecklenburgss. tac -cnse ser ae eee eee Feb. 1-Nov. 15 Montgomeryect== a: cose =n se oeet eee eee Mar-.1-Nov.15 ROW ss 552 cc BS So ee eee EC eee Feb. 2-Dec. 1 VATICO seo 55s seas cae Se ooo eee Mar. 15-Oct. 15 Wialreny gnc se Soe cee eae see eee eee Mar. 15-Oct. 10 Carteret, Cherokee, Clay, Columbus, Crayen, Cumber- land, Dare, Duplin, Edgecombe, Graham, Jones, Ma- con, Moore, Onslow, Pamlico, Swain, Tyrrell, Unprotected Woodcock: Randolph. 2 5558 Seen ae tee eo Mar. 1-Nov. 15 FRO Wall sie ops Set ee eee te a ea ee ee Feb. 2-Dec. 1 Snipe: ienderson 2) Shes Joe eee ers eee en Feb. 15-Nov. 15 Marsh hen, curlew, and other shore birds: New. Hanover: 224.2 shes Se ecc ee oe Apr. 1-Sept. 1 Wild fowl: Brunswick, New Hamnover....-...-.-..cs-.=< Mar. 10-Noy. 1 CATLETO Geer ado crt ensia x cle arrestee ee Paes Rey re de Jan. 1—-Dec.1 CULTUGUC Ke scrasine aoe ce Sea ace ee ee Apr. 1-Nov. 10 Henderson sess sien a ae eee peers Feb. 15-Noy. 15 Close seasons. Mar. 15-Nov. 1. States. North Dakota .- (1901. ) Oklahoma..... (1899. ) Oregon! __..... (1901. ) Pennsylvania - (1897.) Rhode Island. . (1900-1901.) South Carolina CLOSE SEASONS. Close seasons—Continued. Kinds of game. 29 Close seasons. NDC Cie stato rataa cronies aca teteintsiane ooo = alarblscieveiey le cide bad avcice/eu bie ee ela slqeeton PANHILCL Op Gaeeacnenela snes eee cise nie ecicinle Se eeiicies Shige e a ebied etl Quail, English or Chinese pheasant, wild swan...........-.---- Sharp-tailed grouse, ruffed grouse, pinnated grouse, prairie “chicken, woodcock. Wild duck, wild goose, crane, bramt ..........------------------ Squirrel, rabbit Quail, ruffed grouse or pheasant, prairie chicken, pres: kill- deer, woodcock, snipe, rail. Coot or mud hen, “FTG NGC) ee i FI Secs English, Mongolian, and ring-necked pheasants.......-.------- Deer, antelope SS ae SE I ee eee ee Quail raiEleemiekenhmwalGutUmkever eo =e = asec cise eeeeae seeeee coe Mone olhianvor OpherspiMieasamtsese nas = so sie sae eee sees e ee a sere (GRUCHOUNS: 2G Ee Re wt re es ee fe cae ee 8 CEPR oy ar eS Dove, p Deer (except spotted fawn, protected at all times), antelope, moose, mountain sheep (see exceptions). Exceptions: Grant, Harney, Malheur, and Baker counties, deer and antelope, Oct. 15-Oct. 1, and female deer in rest of State, Noy. 1-Aug. 15. Silver-gray squirrel (Sciwrus fossor) English or gray partridge, capercailzie, moor hen, pheasants (silver, golden, copper, green Japanese, and Reeves), wild turkey, woodcoek. LVamMCnp lei CeplOVetsert n-ler secretaicie cla sissies inte a oie sicie Swi Raley mane Mallard, wood duck, widgeon, teal, Spoonbill (gray, black, sprig-tail) , canvasback duck, wild goose, wild swan (except in Jackson, Klamath, and Lake counties, Jan. 1-Sept. 15, and in Coos County, Aug. 1-Feb. 1). West of Cascades (see exceptions): Quail, bobwhite quail, partridge, grouse, native pheasant (ruffed grouse), ring-neck or China torquatus pheasant, prairie chicken. Exceptions : Douglas County: Quail, bobwhite quail, partridge, na- tive pheasant, ring- neck or China torquatus pheas- CHO, MNEs CMMICleinNe Some taooesedeseseas Dec. 1-Sept. 1? Grouse Ue d STOUSemesses cesses] sess Dee. 1-Aug.1? Tillamock County: Native pheasant (ruffed grouse), ring-neck or China torquatus pheasant, Until Sept. 15, 1904 Blue grouse....- Pe atta te pee nay he Ht Oct. 15-Aug. i Clatsop, Coos, Curry, Jackson, and Josephine counties: Ring-neck or China torquatus pheasant, Until Sept. 15, 1904 East of Cascades : Quail, except bobwhite, pheasant, native pheasant (ruffed grouse), grouse, sage hen. ote re mete Ren ciel ta tr ee Nae Ha Lely ‘4 poe chicken (except in Wasco County, Oct. 15-Aug. 1)-.- eer, Saul Issel, (ESVEEENA (ON ILD: @) kas oni PY erm Pirey ea ea ert aie eye ae aT Hare, rabbit Quail, partridge, grouse, prairie chicken, pheasant, wild turkey. Pheasants (Chinese, English, Mongolian), 5 years Woodcock Wiplancdomenassi plover 1-8 osc keene rte selececedots se SiGe Rail, reedbird NVeb-ootediwilldetowiles eer ce sen sentence er eos sieeisies acces IDSC DAWEH Bac ae einer oes eer eee a eee Beata sie a eebaesaeate eee Graysquinmel “ralbloii Mane Jise2 5 see hoe Loe e sane ose ca sd. we seouoe Quail or bob-white, ruffed grouse or partridge, woodcock. ..... eee (xcepimmmediomouse) yonyealsreaeerel aa = lees ee Deer (see exeepuons) teh RAs ee MPg Sy Tat ia tau rerio ata ae Exceptions: Berkeley, Clarendon, Colleton, Darlington, Georgetown, Horry, Kershaw, Marlboro, "Marion, and Williamsburg ie Here eo GEER TEA echoes ECE EE Feb. 1-Aug. 1 Quail, partridge, pheasant, wild turkey, woodcock........-.--- pueoe or ring-neck pheasants, 10 years ONS 6 ndepabed DOO nuo pe Tee tOU Sao caer SO Se eee E Cena ees er Eee 1¥or sale seasons, see p. 56. 2Wild ducks can not lawfully be killed on Sunday or Monday, or on any of the reservoirs belonging to the State of Ohio, or on the waters of Lake Erie or its estuaries or bays, or on the rivers, creeks, ponds, or other waters of the State. 8Except Mar. 11-Apr. 10. 4Except month of July. Dec. 1-Noy. 10. At all times. Until Jan. 1, 1911. Until Sept. 1, 1905. Oct. 15-Sept. 1. May 1-Sept. 1. Dec. 16-Nov. 10. Dec. 2-Nov. 10. Dec. 2-Noy. 10. Dec. 2-Nov. 10. 2 Dec. 16-Novy. 10. At all times. Feb. 1-Oct. 15. Jan. 1-Sept. 1. Until Jan. 1, 1904. At all times. Jan. 1-Aug. 1. Noy. 1-July 15. Until Sept. 15, 1904. Jan. 1-Oct. 1. Until Oct. 1, 1905. Jan. 1-Aug. 1. Mar. 1-Sept. 1. Dee. 1-Oct. 1. Noy. 1-Aug. 1. Until Oct. 15, 1905. Until Aug. 15, 1908. Dec. 1-Noy. 1. Dec. 16-Oct. 15. Dec. 16-Novy. 1. Dee. 16-Oct. 15. Until May 27,1902. Dee. 16-Oct. 15.4 Jan.1—July 15. Dec. 1-Sept. 1. May 1-Sept.1. Until Feb. 1, 1905. Jan, 1-Oct. 15. Dec. 16-Oct. 15. Until Oct. 1, 1905. At all times, Apr. 1-Aug. 15. Feb. 1-Sept. 1. Apr. 1-Nov. 1. Until Dec. ae 1903. Mar. 1-Aug. 1 DIGEST OF GAME LAWS FOR 1901. Close seasons—Continued. States. south Dakota. . (1899-1901. ) Tennessee ---.-- (1896-1899.)1 Kinds of game. Close seasons. Deer, elk; buffalo; mountain sheepss.>-sss esses eee ne eee Jan. 1-Novy. 1. Antelope. .c2: 22-5. 2222500 Jeena ee ee ee Until Jan. 1, 1911. Quail, ruffed grouse, sharp-tailed grouse, pinnated grouse, | Jan.1-Sept. is prairie chicken, woodcock. Plover, Curlew: 2)... << 2244S. SSE aioe ee ee ee May 15-Sept. 1. Deer: Anderson, Cheatham, Coffee, Dickson, Fayette, Hamblen, Hardeman, Haywood, Houston, Jefferson, Knox, Lake, London, McMinn, Monroe, Obion, Roane, Rutherford, Stewart, Sumner, Tipton, Trousdale, Williamson, Jan. 1-Aug.1 Carter, Sullivans tise ees eee eee At all times. Bedford, Dayidson, Dyer, Giles, Henry, Madison, Maury, A gt ore sin TONG SEL NE Ee A Mar. L-Sept: i Bledsoe, Cumberland, Dekalb, Fentress, Hamilton, Han- cock, Johnson (by law of 1893), Montgomery, Morgan, Rhea, UNTCOl White oc eee ee Dec. 1-Oct.1 Franti 220.43 3 ts) ene eee Jan. 1-Oct.1 Grainger, Hauderdaile: 222255255 sees eee eee Mar. 1-Oct. 1 Hardin. 22552 oo as socket eee eee eae pb - Seppe Shel Dyer: a25 lao ek ee eee Feb. 1-Sept. 1 Warren. 3.225: See: eae ee a Cal NONI Restrictions in other counties uncertain. Squirrel (Shelby County only) .........-...--- Feb. 1-Sept. 1(?) Quail or partridge: Anderson, Blount, Cocke, Coffee, Dickson, Fayette, Han- cock, Hardeman, Houston, Jefferson, Knox, Lake, Lon- don, McMinn, Monroe, Roane, Sevier, Stewart, Sumner, Tipton Walliamsonee——--s-esseereeoeeee Mar. 1-Nov. 1(?) Bedtord ee = 555 Solas ses ees Ses Until Feb. 10, 1902 Bradley: Greene, Warren- 2 2205.2 22+ s5-se- sees Feb. 1-Noy.1 Carter, Hamblen, Hamilton, Hawkins, Henderson, Henry, Johnson, Marion, Sullivan Wmicolee: -sssseee Apr. 1-Oct:1 Cheatham 6.55) 90a nee ee ee Mar. 1-Oct. 15 Davadson, lincoln Madisonee-t.-e-ees eee Mar. 1-Sept. 15 Dy@T 255 Sere Bs ee eee ose 2k Apr. 1-Sept. 1 Brankiliny 23 S35 e 2 ee eke a ales od ae eee ata Apr. 1-Dec. 1 Gibson, Giles, Weakley, Wilson (law of 1899) ..Mar. 1—Nov. 1 Grainger*hanuderdales sae ae ne eee Mar. 1-Oct.1 Hardie? 7 Bae eee Ak Oe ae Mar. 15-Sept. 15 Haywood, Marshall, Montgomery, Rutherford, Feb. 15-Nov. 16 Putnamtoe S26. eee eka eee eee aoe ee oe Feb. 1-Oct.1 Robertson) ties sc eee eee ee ee eee Feb. 1-Sept. 1 Trousdale: 5262 Pace eens nee on aa Hee Jan. 1—-Noy.1 Washington 4 sae re econ coe cee eee Feb. 1-Noy. 16 Wilsons (law: Of 1897) cence ecemecteee seca ee Until Mar. 30, 1902 Restrictions in other counties uncertain. Grouse: Bedford, Davidson, Dyer, Giles, Hamilton, Henry, Lincoln, Madison} Manitnya\Walsoneess-2> ao seen eres Feb. 1-Sept. 1 Bradley, Greene. Warren. =) esse o se eee eee Feb. 1-Nov. 1 Cheatham! Montgomery 2255522224 56-- ee eee Mar. 1-Oct. 15 Grainger’: 2.222253 25sShi555242532 eee eee Mar. 1-Oct. 1 Hardin Sooke 0 ooe ae eee SC ee Mar. 15-Sept. 15 Robertson, Sumner, Trousdale........--. Until Apr. 21, 1904 | Shelby... cheeses eee eee eee eee Feb. 1-Sept.1 _ Pheasant: Bedford, Davidson, Dyer, Giles, Lincoln, Madsen Maury, Wilson: «(7 PNAGe S25. SEALs ces miners semis Mar. 1-Sept. 15 Bradley; Greene; Warren o2-- see Feb. 1-Nov.1 Carter, Hamilton, Hawkins, Henry, Johnson, Marion, Sulli- Van, Unicoi Washinton 22. - 6p ee ere reer Apr. 1-Oct.1 Cheatham: Montgomerys=--2-: = seen eee eee Mar. 1-Oct. 15 GTAING ED a5 cas dase se eet eee eee Mar. 1-Oct. 1 Hardin's: sss sassecs se eee ee Mar. 15-Sept. 15 Hay Wo0G' 222s es ee eee Feb. 15-Nov. 16 Putnam, 22522 eset eek: See ee eee Feb. 1-Oct.1 Robertson, Sumner, Trousdale -......-... Until Apr. 21, 1904 Weakley 2ts.22s.c. Set ees eee Mar. 1-Noy.1 Chinese pheasant (except Warren County, until Feb. 12, 1903), English and other (imported) pheasants. Wild turkey: Bedford, Davidson, Dyer, Giles, Madison, Maury, Wilson, May 1-Sept. 15 Bledsoe, Fentress, Rhea, White..............-- May 1-Oct.1 Carter, Greene, Hamilton, Hawkins, Henry, Johnson, Ma- rion, Sullivan, Unicoi, Washington .......... Apr. 1-Oct.1 Cheatham Montgomery. 2-20-22 eee ane Mar. 1-Oct. 15 A iby zh ou sel bia Wei te eee Mee i ON NN i aie Apr. 1-Sept. 1 Grainger, Manuderdales.. 5. oe eee eee eee Mar. 1-Oct.1 Mardin ces 2 oss cea ee eee Mar, 15-Sept. 15 1 Laws of 1901 not accessible at date of going to press. May 1-Sept.1. Until Mar. 13, 1902. OLOSE SEASONS. , dl Close seasons—Continued. States. Kinds of game. _ Close seasons. Tennessee ....- Wild turkey—Continued. (1896-1899. ) LEN Cod Sek ee eee Rees Bema ee eens Feb. 15-Noy. 161 iN COMMbas eases nese ccstecsseecssdeeseschedee Mar. 1-Sept. 15 Wilner als cas Oe Ge a ee eee ne Rie emma Dee. 1-Oct. 1 LeUD UN TATA gees Uy ears eee aa Sey ee a ae Feb. 1-Oct. 1 RobertsonsShelby ss sss sek See ee lk Feb. 1-Sept. 1 AUV SUIS Tag ae ae oe act Saar veiatormsacicieral a ate) dialcie'e Feb. 1-Nov. 1 Wienkdleyatheee tc eee ec cece eect eer ee ceteiees Mar. 1-Nov. 1 Wilson (under ‘other game birds’) ..-....... Apr. 1-Aug. 1 Dove: iBnadleyaGreeMm eas see he fe vey ad aoe oe ae c Feb. 1-Noy. 1 Cheatham Montgomery. 22s .2-252---25.-2 Sas. Mar. 1-Aug. 1 Wilson (laws of 1897, p. 423) -.-...------- Until Mar. 30, 1902 Wilson: ((aws/of 18995 ps 79) so. 2. 5225222202 -2- Apr. 1- -Aug. il Plover: Cheatham: Montgomery: 2252-5 255--ssc-6.----- May 1-Sept.1 Wilson (under ‘other game birds’) -..-.-.--- Apr. 1-Aug. 1 Woodcock: Bedford, Davidson, Dyer, Giles, Lincoln, Madison, Maury, Mar. 1-Sept. 15 rade yexGreene scenes eee we eres ie wie see Feb. 1-Nov. 1 Carter, Hamilton, Hawkins, Henry, Johnson, Oe, Sulli- Van Unico, Washington = -52225-522.2242s2e. Apr. 1-Oct.1 Cheatham Montromeryes- ea. eo ee Mar. 1-Aug. 1 ts gina g Sees tees oS hee le seks ay See ses Mar. 15-Sept. 15 [EWA OU eno Soe eudeecas ee Ae est ase Feb. 15-Noy. 16 Ropero: Shelbys...) one lee los eee Feb. 1-Sept. 15 WallSomes St wesc ek cack ence sesctee ens aee Until Mar. 30, 1902 Snipe: Bedford, Davidson, Dyer, Giles, Lincoln, Madison, Maury, Mar. 1-Sept. 15 BradleyaGreene 7 2. 5- se oss tedceses we ae se Feb. 1-Noy. 1 Cheatham; Montgomery... s Gai. 22 heee ee Ue Ry ee eo eee ee Sepinl Janel ee 122 6 Wyoming.....--..-- | Elk, antelope, sheep, goat -.......-.- Sept: 1-Dec als. - =. 5-5 91 (3) Colorado .......--- | Bika (wit hcionns\ hse eee cee eee eee "OCt. 25=NOveOs.55o- 5a 12 At |. Antelope (@wathvhorns) sees 5. e-see == Aug.15-Nov.6.....-..- 83 2 dao? -22). -SS2ee 5 <| Bkiast ses Sa ae ee ee ee Sept-1—Deew =a. 91 2 Antelope; sheep; goat. .<-2-22.--22.-- Nepiel Jamar ese 122 4 Washington .....-- Bikeanoose; antelope s2---- = ese eee Septl=NoveT=s- ee 61 1] Caribou, sheepysoatiassscoeeseceeeee Septsd=NOvel senses 61 12 Oreconwa noses | Moosessheep sau Se eee | Ae be NOye soe eee 7315222 eee (MVASKON Secs esac ace | Moose, caribou, sheep, goat......---- |acnwccdcedeneecclodsecesie canes British) Columbiazs! WikesmO0sesaseeseee sees aaa ase eee | Sept. 1-Jantt -.. 222253 | 122 12 Caribolk.. oct ree ek ae Septeiejanil (.- 2252scs 122 5 Sheep s20ait Sea see- S| Soe eee eee ees Sept. Deca 2 =eaace 106 43-5 Northwest Terri- | Elk, moose, caribou, antelope -.----- Nov. 1=Dee. 15 2-2--52- 44 13 tories. Aan Sheep, sonata Seta eae Ree ise ee Eee. 1 ape eA 15 |23.2. ee Unorganize er- A Pel = July 15-Octle ess see sera ol \ Elk, caribou, sheep, goat .....-.-.-- (nea. 1-Apr ices \ 199 d= oe oeeeee MamiLObaSs~ os. oe Elk, moose, caribou, antelope .....-.- | Sept. 15-Dec.1 ........ 77 22 @wepeceras---ae5.: Moose. 130) Seep eee ii Ube Sept.1—-Jan.15-. 122 | i Cali OU {22s see se ae sa ase aa Sept. 1-Feb. 15. 5 153 2 New Brunswick...| Moose, caribou.....-....--..--------- Sept. 15-Jan.1 - 108 (8) Nova Scotia‘ ....-- Moose; Garibol sess 52st eee ee Septals Jans ls 108 12 Newioundland'=. - 3|\CariboUle..=-epe. sq) = cree eee eee {us ee ms ; es \ 180 87 1 Of each. 5Season extends one month longer in Zone 2. 2 Altogether. 6 Number named in license. 32 elk, 3 antelope, 1 sheep,1goatin one season. ‘Except Cape Breton. +3 sheep, 5 goats. 8 Maximum allowed. Lirds.—In the case of game birds the necessity for absolute protec- tion is not so apparent, and close seasons extending over several years have been accorded to comparatively few species. The terms usually vary from 2 to 10 years, and are renewed when necessary. The Province of Ontario has a provision which authorizes the Lieutenant-Governor- in-Council to prohibit the hunting or sale of any game animal or non- migratory game bird in need of greater protection than is provided by statute." This prohibition may be made for any year or any season. A measure of this kind is a valuable safeguard in case the legislature fails to grant close seasons for introduced game birds or in cases where the close terms expire between legislative sessions. Six States and British Columbia have now withdrawn open seasons for quail, 4 States and Ontario those for wild turkeys. Doves are protected indefinitely in 15 States and in 2 Provinces of Canada, mainly because they are not regarded as legitimate game. ‘Game protection act, 1900, see. 7. PLATE IV. g S a = x tol)} <= _— ° a) 2. © Q 7) 2) > ® = S Yn ) & iel)} & © jaa) co S [sa] STATES (DOTTED) WHICH PROTECT INTRODUCED PHEASANTS FOR A TERM OF YEARS. For details, see page 39. eS i Sartre Pe Le al oy ee Pe Pa aia ae ane ee Geen ee OR ae, ee eS Pe a OS ee ee ce Ce ae ae in 30 States (see Pl. IV). GAME PROTECTED FOR A TERM OF YEARS. Pheasants and other foreign game birds are almost always given a close season of several years after introduction. In Oregon, so far as the ring-neck pheasant They are protected is concerned, this protection is confined to the region east of the Cas- cades and some of the counties in the western part of the State, but several other pheasants are protected in all the counties. Protection without limit is in force in California, Colorado, Indiana, Montana, Nebraska, Utah, British Columbia, New Brunswick, Nova Scotia, and some of the counties of Virginia. The periods expire in 1902 in Idaho, Pennsylvania, Tennessee, and Texas (thus leaving the birds without protection for nearly a year, as the legislatures do not meet in these States until 1903); in 1903 in South Carolina and Wisconsin; in 1904 in Alabama, Minnesota, and Oklahoma; in 1905 in Georgia, Massa- chusetts, New York, North Dakota, Oregon, Washington (east of the Cascades), Rhode Island, and Ontario; in 1906 in Connecticut, Ilinois, Nevada, New Mexico, and Wyoming; in 1910 in Michigan, and in 1911 in Maine. States. WETS Sse Dae New Hampshire......- W@n0ON its: aaa eae ee Massachusetts ........-. Rhode Island.........- Connecticut. 2 -=- 2.2. New York Pennsylvania ........- Melawaress | oo... ..-25- District of Columbia. -. MIM OANA 2 5 cyclic = ° Wwestovireimias 22. -.2. 2. IMU lonkeatsh ae ee ee MONAT Alc. See ots sok DEM @ TS oe ees WVASCOMSIM ss ool 5.225. Miammesota 5.0) 0: j..22 LO AV eS eee aa See IOWA 2 WerOIMUMe 2S as menmessee ...2..-.5.-2- PMMICANSAS) = nc5c. ccc en. "ORR EIC 0 ae iemes ae ean Olahonta. = 6 222 Se fe New Mexico..-...27..- Maliornnid, Soo WeStiTie TON .--..--.--. PRES OM osc, 0c See hae British Columbia...-.-.. MiB nOUtt(e) of a a ris GIMEATI OSs ss oe te kes New Brunswick.....-- INOV2: Scotia. ...-----.-- Game birds protected for a term of years. Quail. Dove. AT. BS Merci ee cre Sarat ato aie late bic en pista ehoaeie cee 6 Indefinitely ......| To Mar. 22,1911. eee eas rae are erer se eral isle wearers SM No Sele aes sinters GUC ae Sats cerns oe Spits ays steals Ae acisia wictellesioa sacs seine te erecta lose me Onsen st mee eee SESE Ciat te CIC EOI SAE A Ren [eee OO seanasoncean| “tte IOs} Se SEI CRS Pa IES IC IE EES ipa eee) en dO Fase ee | LOO Cte IE1905s J SRA SHE SOAS Ee EL ORE See IO SABA ere ae 2 arenes GO meee ese elo Jumen S06: SBE CECE Bee En SOCCER Ce ee Ie ene Pt Ste cleans OO) seneeescosaa|| Ihe). Soi A RE SES RS ErerS|RRE I c AAR SET ENS anaes An re oe To May 27, 1902. HS Ga eau. OA BEE SEE Boe Coe Renee ners Indefinitely ....-.-. BERS BR SU SR ODE Sen E ESHOS ED ees Cena (ieee GORE Raye ere She otk Ba iS ROM? cal Melek Ets oe Ne IE a8 lye OO Indefinitely. 1 See en BE e Daan ee Een ime eee Indefinitely ...... eu ee nie is Se ee MOpiGIOM Ake seal owe LO a eee eee LOR: MRA ely Ae Pee Ind etinateliys {ooo e eee ee ee indetmitelye 2 SoU Sots 5 GOES EIS SEe CER RECS eprint een Seer To May 10, 1906. MO Sepbs els Sees eae Se eee eee eee Indefinitely ...-..- To Sept. 1, 1903. Jeg Ss eH Me ee tae ael Re SEN eso es toes eat lee ocneoocdes| dons yor al aot wi det ae Be aceasta ce Ni aR Pe eg Se Indefinitely ....-.-. To Noy. 1, 1903 Demicheli he livs 8 Peles liane Mevctcper yea sere Indefinitely. SS oS a ye SUNS Saree ee Ee te ees | ere om ae To Sept. 1, 1905. Hlsrnieles titra tite iy Sse See See gostei Su ate el a Ds ml ae Indefinitely. A ERS CST Sota MO RIES CA Pa ee eae ae Indefinitely ......| To Sept. 1, 1906. ALE Strinastn ts S yareys orem eee ec erces reae ccae alba te, Se Vd Indefinitely. Bi ei Ren he tae ey a ae | eat ace ae cs He = a To Dee. 22, 1903. 2) Setencnts os Dice ncges Gece es Ea a ee NINN ea SN iy A a To Noy. 30, 1905. cb. Bo Gdeed GES EES SRST a ESS eee iy Melt cs Re |e eee a aoe pe To Feb. 8, 1904. Sid Biel SSS OG Se aie ea See: Be ener eg te eal ee en ee eee To Mar, 18, 1902. ged sh eb leapt ati RE [a a A Ay an Indefinitely -..-.-.- 2 ade Ee Seite fee: ema or A en atten [aa Rr Ree eS a To May 27, 1902. 2 ode SUS SNL oar RA AC at a ig ae || 2a pe SC ee ee To Jan. 1, 1904. RE en a hy teen ol| etter t RCS) al chee aie il late Seek ot w See re ipso ares To Mar. 14,1906. 2 ethds SE Seni Reece AEN cle Se and Cerne NORRIE neha tee Mk Indefinitely. See, BES ED Gy ate se he chal Bane FS PSRs ee Rea | Bh eS To Sept. 1, 1906. Jimi li girly VIE (URIs RE es 8 OP a aa ee ae ae 2 Indefinitely. Bh SS OBE Otte er DRE iS Ie ote ne eae eeey te To 1902. EROS Oa aee ree ears |e ees armed eres a Alo! J tet he Sok ee To Aug. 15. 1905. 2 i Ss ME Sr eee a Sit Ao) Oxeu, WAS ee cellbepoeseececroaraccce| HX Oreusals Cubes Indefinitely ......|..- He SoBe Sc Scie Soe Sere SCs - Indefinitely. tse ae SR ENREN Ses cpa hae kee ey a Indefinitely ..--.. ee arian sence ete MovO ci lols 0iees ates GO)... eee eee eee LOSe pti: lo 905s STACY tote stats aro eieyere ial Se METS omic m SEER oes neana’s ae & broe oe biSaeram ae Indefinitely. sae (See. 2eoCaese 2 cou ee nose Comp ec bedcocccl lA SeeUR EC ORUEOEe SOne Do. Certain counties only. 2 Hast of Cascades. Wild turkey. These terms of protection are shown in the following table: Introduced pheas- 8Does not include the ring-neck pheasant in some of the counties west of the Cascades, for which an open season has been provided, 39 a RESTRICTIONS AS TO METHODS OF HUNTING. Restrictions on methods of hunting are exceedingly numerous, and apply not only to the use of guns, boats, and dogs, but also to time, place, and conditions governing the killing of game. An attempt is here made to bring together the more important and more general of these restrictions and to group them in logical order. A somewhat arbitrary division has been adopted by placing the prohibitions under two main headings: (1) Restrictions on outfits or implements for hunt- ing, including guns, ammunition, boats, blinds and other deceptive devices, lights for night hunting, dogs, ferrets, and weasels; (2) restrictions surrounding hunting, such as trapping, netting and snar- ing, night shooting, and killing game in snow. Limits placed on bags and requirements regarding licenses, although properly belonging to this general subject, are of enough importance to warrant separate consideration. OUTFITS. Restrictions on guns relate chiefly to size. A number of States prohibit the use of swivel or pivot guns in the killing of wild fowl, and many limit the size of the gun that may be used for shooting any game. The term ‘ big gun’ as used in this connection may be defined asa gun larger than No. 10, except in the Provinces of Ontario and Quebec, where the maximum legal size is No. 8. Under restrictions on boats, four divisions are made: (1) Boats propelled by naphtha, gasoline, oil, steam, electricity, or similar motive power; (2) sailboats; (3) sneak boats, used in wild-fowl shooting, and (4) skiffs. Under the head of deceptive devices are included batteries, sink boxes, sink boats, sunken punts, bough houses, blinds, and all other kinds of stationary or float- ing ambush, whether on shore or in the water. Under the head of artificial hght are included in two columns restrictions on the hunting of big game with lights, or ‘jacking,’ as it is commonly called, and laws prohibiting the use of fire or ight of any kind in the hunting of wild fowl. The prohibitions in regard to the use of dogs are arranged under three heads: Hounding, practicing, and permitting to run at large. While hounding strictly relates to the chasing of deer and other big game, the term is here used to include also the hunting of birds with dogs. Under practicing are grouped restrictions against the use of dogs in close season, chiefly in training them to hunt birds. 40 ate 2 ee PROHIBITED METHODS OF HUNTING. 4] The restrictions against permitting dogs to run at large are such as relate to allowing them to roam in localities where they may disturb game. In Idaho, Maine, New Hampshire, and Vermont the posses- sion of deerhounds within the State is made unlawful, and New York prohibits their possession in Adirondack Park. The use of ferrets and weasels in hunting rabbits and hares is interdicted in a fe.v States. CONDITIONS. Trapping, snaring, and netting are prohibited by many States, which recognize that these methods cause rapid extermination of game. Commission houses sometimes encourage the trapping of quail, as the game is in better condition for sale when trapped than when shot; but this is very properly discountenanced, and some States make it an offense to offer for sale birds which show no evidence of having been taken otherwise than by trapping. Several States specifically pro- hibit the use of grain or other food that has been soaked in opium or other narcotics, or in poison, for the purpose of stupefying or killing birds. Night shooting is treated under two heads—big game and water fowl. In the different laws night is variously defined, but it usually is designated as from one hour after sunset to one hour before sunrise. Killing in the snow includes what is known as ‘crusting’ big game, or shooting it when it is ‘yarded,’ and tracking and shooting rabbits and upland birds when the ground is snow covered. The various restric- tions, both in regard to outfits and concerning conditions of hunting, are shown in the following table: Prohibited methods of hunting. [Crosses (x) indicate simple prohibitions; figures indicate qualified prohibitions, as explained in the corresponding footnotes. | 5037—No. 16—01——4 _ | Decep- | Artifi- Guns. Boats. tive de-| cial Dogs. vices. | light. : n »~ 2 (eee 3 States. a lo Z aS ko a je 3S ® ~ la} on] o lag Ce we Ie 3 tot 0) 2) alae! 2) 8 gz I =} | & be bo aia fo oO! s 7 _s ols 5 |e SNPS: g Oils | HM] 2 ase aa = & bo| £ Sa ee eS) S| es |S S12 ele is |2)/el2 S "|S lmiai5|sn Hin |olalna im |All lElaglal a ES TODE 22 ook leet ee Ee tI IE ee NS) ee, Smt PRET | eae a Vee eee ae Sy bea ARIZONA. <= - =~ = SGP see Bee Alec anise Salk ee Ee a| cease! lees Arkansas ....... eae eed cet. Sena es eee eee Cee [tes SIs SMe 36 CUETO) 00 ee eel Pere eee eee | Ne SERS FAS SEES Seal oo WOLOTAdO.-.-<-- - DOE Sache eel eee eae eee dare) (Ree eae ae BON ee Bomnecticut ...-|x|....| X | x |---.|:-.- aD a 21 | ea Delaware .....-. SC eS i lO J Le Al Eee Bl | SE ES Ol LUSTER COLT Tag, 07 gee esc a | AS ShO Sie SLICE ae es PO | Pas OEP Blt aoa eae See |e LOPES epee eee aaa Sper Sg AN At ES tee | ee MeN ee Pre je ae (a MRE OO Eos biel Se es RN ee eee oe |S emieree en eee ES EE x MMOS’. =:5-- 2. SS et 3 SSE Gin es) fall eee eae | eae ek a |r DiGi ae Sa ise Sotea| pment) Np De Pe eee | (ens ee eee Lo ae 5] | Sa eset ee x Sri xX << Car Sitt shee ee BS se Pe AU ee Rie NR Sa ec || ee | gee) (ee a (|e RTE URIIE been ee Fenestra] ee | aS Fae ee | ae Uo Seba s Eee | eal EN ee ee eee ae ne, lee a bee 0 os SSE ES Be | eee) Sec! Greet eter mir Be ee ee eal ee Maryland ....... Saal aren tee tee a oe an ace iaatesel S| ee jee | “Massachusetts ..|..- DORIS nee eee cee EA le ee (eae NG eee eas tere Killing in E snow. | Big game. | Rabbits and up- land birds, a 3 one Blea | eee ul ten es night Rn Rn fo) By alae ES ae o1ylS6 = Ss) =) al re) = a= nm H ea ens 3 a | 9 a | Ss |> & | 3 ® w HH “4 Bie IA |All Fa ee a ee fess as ele < 6 aia 7 egaslltscalle sac x | Raa ere eu eS 9 Ss | Brae eseecrail ere ae SC ll te letearel ies x Sari rae allieeere oil tele heat 42 DIGEST OF GAME LAWS FOR 1901. Prohibited methods of_hunting—Continued. Decep- | Artifi- 4 |S | Killing! Killiug Guns. Boats. tive de-| cial Dogs. aes at in vices. | light. = S |9 | night. | snow. D OG A —EE——E—E = oS 1 $ ra Seeder we a ‘ 15 KSI 2 Het 6 = 3 |.,2 Se States. aS) i ag ee erie (oe ee oa = re OG 2 eSpace 2 silc| | elas) a(S] =| gs | El g les a) mlesigi2) gi (8 |s/elSleelalals |g le) alee Sls le Siu] a (BRIS |S lFlSls les Si alm |sla| ses oO) 1e | Ole |e (Soles aici e | ons 2 | 2 ja | &| 2 | w leas Peis |S elo" Ss (Pie els |S lala | a) Gln laloalnlma IM |BIFIODI Al |e lala |a8le lar | | Wiaehigany. c= SOE ios |SueolSosalleans x sal fess) XK [ode Jeeps cI Kl Kee eee Minnesota ...... | KSA Sell ee 5 all rece [haem Vie Gtk >. Gee es |S eee hice alee lle c OM ellie Mississippi ..---- Badiisoud|osss|Seeelesosiic rita ico ollaSon|somollaoolsascloooc Bre Ree Soc aaeclisaeclooes|~- - - IMGSSOUMIN =e 5-12 = BaP eal ecsl een allgsec SER eos ae Ala vaclienoalloscel|ss On sas Segal! S< lisse cile-o- Montana sce. = -- PE ra oS [Pee ser ee ot Pees ers) Pear tte | ds Cons 2 12 \ 223s |s23 2/2 ee ees | eee Nebraska .--.---- | ok Veees ee SS lees Pe eee as ere set eee (icy res Eae ES |S Kil Dee eee INGNEICE Sesceeses > GSE sao eeolloseel noes Bee |Seeceee soos wecefewcc|sece]ic co 2]t oe eee aoe or New Hampshire.}.--].... meee ee Aerie scecfocee| > [Se3/ DO esc DE |S. See ee New Jersey --.-- MK ssell K [op BSW Space sfit Seco es rere Scie 1 des eo ee a INGWEMEXI1CO; = 226 as 3525 ese eee Beet ere erste sees serra Iie clas lensire 1 |. 2-2)\2432)/2e eo. |Seee ee ze INGWaVOrRkee. =e. Klee.) KX [P96 | & jesecl 27) 8 p28 lo.) 19 Joo 920 See ea a a INOEEMCarolimass| Xa|se ee lee alesse seal sees BUN OTs |S) XEl-eeelGsealaemaleseel pe s5 eae «2 al Claeee eee NOrtheD alkotasee| 2X || < ua iRennsyivaniaes|s—-1 Xo leeGal - @OmbaTrior.s---—- = alleen h| Se oeecllaoee Sl ee | acest lene Bee ie) sia esse EO sos.) Ka Se eee @Qmehecsercecnose al Eee So se |looello cael lace SnGslleoos Sues Sen lies ete lpeeel seal oulses 5

» wt nn ala a ea ee Lie Jnl St Bd Ls Se ees ‘ etn ae a a * i J . A é % * 2 ‘a 6) te Ee: Py ° y ee . MM Hdd I : : 5 : 7 eres) Bes . : omen NB 1 ° Be LAU ON ety ey, 5 6 ae OPEB Chee) icy weil’ euibics (9) wile. 6 ae ‘ (Tae : ne \ --------{ ILL. la | RE Ee Rat Se a oe ne - sof eee’ eee “ee ee KAN. a i om ot S.C. 5 arr tther sare DOTTED) WHICH LIMIT GAME BAGs. STATES ( ; For details, see pages 44-46, als : hie ‘ , - ook ‘ tae ' a5 P + - bs 4 - ps 7 5 *4 5 . . i + — Bh whips Poni 1 < ime Bt i 3/4 A LIMITS OF GAME BAGS. 45 Tamits of game bags—Continued. States. ' Game. Number. Colorado Connecticut Florida meee n eee - =e Michigan........ Minnesota.....-- | Montana Nebraska New Hampshire. New York North Dakota -.. nego... 2-7-6 Pennsylvania ... South Dakota... | Wild turkey OGMeRgOINASH aster ease a Seer Ruffed grouse Deer, antelope, mountain sheep, moun- tain goat. ' Quail, ruffed grouse, pinnated grouse, pheasant, woodcock. Quail, ruffed grouse, woodcock, plover, snipe, wood duck, dusky duck, teal, gray duck. Sandpiper | Sa gipeeeespesese Partridge, grouse, prairie chicken, fool hen, sage Hen, pheasant, turtle dove. DeervamtClopensasauccems ne cceee nets Sage ‘chicken, prairie chicken, grouse, wild pigeon, dove, plover, jacksnipe, Wilson snipe, yellowlegs, duck, swan, crane. ID SSI ah oe eo aoa tee ie aes Reem Sharp-tailed grouse, ruffed grouse, pin- nated grouse, prairie chicken, wood- cock, crane, duck, goose, prant. LDCS Seo ae BAe ae ne eine ti 5 Pee ee Quail, grouse, prairie chicken, ring- neck pheasant. Duck GOT a Bethe Ne ence oie re eee ah ed) Se a Ruffed grouse, woodcock WilGGicumkey sane en a eccee ete eee Gs eee Elk, buffalo, mountain sheep ........-. Quail, ruffed grouse, prairie chicken (pinnated grouse), sharp-tailed grouse, woodcock, plover, curlew, Deore: ‘duck, goose, brant. eer Quail, English partridge, ruffed grouse, pheasant, woodeock, plover, English snipe, goose. Duck IO XSYe a lets ae aa lav Boe DANE oe Ra rate eee Elk, moose, antelope Caribou, mountain sheep, mountain goat. Partridge, native pheasant, ptarmigan, grouse, prairie chicken, sage hen. Plover, rail, crane, duck, or other waterfowl. 1 of each or 2 of one kind in a season. 1 in a season. 50 in one day; 100 in possession at one time. 25 in one day; 50in possession at one time. 5 in one day; 36 in one year; 36 may be shipped in one year. 50 in one day. 5 in one SSeS Jan. 1, 1905. ae one person, 50 by one party, in one ay. 4 by one person, 6 by one party, in one day. 4 in a season. 2 in a season. 24 in one day; 24 may be carried.out of the State under each nonresident license. 25 in one day or in possession at one time; 12 may be shipped (not for sale or profit) within the State in one day; 25 game birds or animals may be exported under one nonresident license. 2 in a season. 1 in a season. 15 of each in one day; 15 of any one kind may be transported at one time as the property of one person. 70 in one day; 15 may be transported at one time as the property of one person. 3 in one year. 3 in a season; 3 deer may be shipped within the State by 1 person after Nov. 10._ 1 of each in a season. 25 in one day. 6 in a season. 2 in a season. 20 in one day. 1 of each or 2 of one kind in a season. 25 in one day; 50 may be had in possession at one time. 10 in one day or in possession at one time. 2 in a season. 2 in aseason; only 1 can be transported at a time. Export prohibited. 36 in a season; only 12 can be transported atatime. Export prohibited. 5 in a season. 25 in one day. 5 in a season. 10 in one day. 50 in one day; 100 in one week. 2 in a season. 15 in one day. 10 of each in one day. 2 in one day. 3 in one year. 1 of each in one year. 25 in one day; 25 may be shipped out of State. 2 in a season. 40 in one day. 1 in a season; 1 may be transported. 5 of each in one day. 20 in one day. 4 in a season. 1 of each in a season. 2 of each in a season. 10 in one day. 25 in one day. A6 DIGEST OF GAME LAWS FOR 1901, z Limits of game bags—Continued. States. Game. : ; Number. Wisconsin ...---- Deer 2 2hia0 225) Se eee oe 2 in a season; 1 deer may be exported on each of the 2 coupons of license; 50 birds at once may be exported by a res- ident if accompanied by owner; 50 birds or animals may be exported by a non- resident in one year. Wyoming.....--- Deer, Cle ek cee eee eee eee eee | 2 of each in a season. AN belOperss sce eee De Se ence ere | 8in a season. Mountain sheep, mountain goat ..-..--- | 1 of each in a season. Brisa Columbia!) Deere sesso eee ee eee eee roe eeeeee 10 in a season. Elk, Moose 2222 ssa re eee eee 2 of each in a season. Caribou; mountam S0ate-ce =.= eee ee 5 of each in a season. Mountainisheeps ase en sce ee eee ee eee 3 in a season. Duek=s 24 2. faces eee se See eee ee ee 250 in a season. NAMITODA) 25 s-s5- Deer, elk, moose, caribou, antelope ....| 2 in all in a season. ~ Grouse, partridge, prairie chicken, | 20 in one day; 100 in a season. pheasant. New Bruns wick::| DeGr=s1 2022 se eee ee eee eee eee erree 2 in a season. Moose; Caribou seen ee ere eee Number in a season named in license. Newioundland =| \CaribO Users eee eee eeee ee eee eae 3 stags and 1 doe; under $80 nonresident license 7 in two months. Northwest Terri- | Deer, elk, moose, caribou ....---.--+--- 3 of any species in a season (except for tories. food for self or family). Grouse, partridge, pheasant, prairie | 20 altogether in a day. chicken. Nova Scotia ..... Moose caribou s. ass. 06 ons ee eee 2 of each in a season. OMtATION. s2-6c 502 Deer AMNOOSe "CarlWOU=ass- = see eee Inall2deer,1 moose,or1 caribouin aseason. Quebec.ss Zone 7 -| Deer CanibOuls-c2sss-25-- beret eee 2 of each in a season. MOOS Bina esas eet eee 1 in a season. ZONE 22\ (CariDOue sa. veneer sae Ree er eee 4in a season. 1The commissioner of lands, forests, and fisheries may grant permission (on payment of $5) to take 3 additional deer and 3 additional caribou. LICENSES FOR HUNTING OR SHIPPING GAME. In some sections of the United States, notably in Missouri, the privi- lege of hunting is not extended to nonresidents, and in Virginia it is unlawful for nonresidents to kill wild fowl in certain parts of the State.’ In twenty-one States and everywhere in Canada licenses must be. secured before nonresidents may hunt certain game or hunt at all. In nine States and two Canadian Provinces a like restriction is imposed on residents, but the fees are usually very much smaller and often merely nominal. Thus in Nebraska, South Dakota, Washington, and Wisconsin resident licenses cost $1, while nonresident licenses vary from $10 to $25, according to the State; in North Dakota and Michigan the fee for residents is 75 cents, while that for nonresidents is $25. In Minnesota 25 cents and $25 are the respective charges for licenses to shoot big game. In Wyoming the same distinction is observed in the issue of ‘ gun licenses’ for hunting big game, residents being charged a fee of $1 and required to secure licenses only for shooting in counties other than those in which they reside, while non- residents pay $40 for the privilege of hunting anywhere within the State. Some of the Canadian licenses are even more expensive. Brit- 1On any waters, marshes, or beaches within the jurisdiction of the State, below the head of tide water (except on Eastern Shore); from skiff or sink box in Fairfax, Henrico, King George, Prince William, and Stafford counties; in Accomac and Northampton counties, unless nonresident is a member of the Eastern Shore Game — 4 Protective Association. AM ee Pe ea ee aa. el Bull. 16, Biological Survey, U. S. Dept. of Agriculture. PLATE VI. 4 ee ee ee ae STATES (DOTTED) WHICH REQUIRE NONRESIDENTS TO OBTAIN HUNTING LICENSES. The fee for the license is shown in each case. In Arkansas and Oregon licenses are required ‘ _ see pages 46-50. ej i> ie hes Piste HGFPZ. +. @) 6) 6 uy * One “a NB: Q-30 ME only in connection with market hunting. For other details, 4 , UY LICENSES FOR HUNTING OR SHIPPING GAME. AT ish Columbia demands $50 for a big-game license and Newfoundland $80 for a special caribou license. Minnesota has a special license with a fee of $25 for nonresidents from States that issue nonresident licenses; these States are shown in the table. (See Pl. V1.) Licenses are generally issued only for the season, and thus expire at a fixed date. In six States—Florida, Iowa, Maryland, South Da- kota, Washington, and West Virginia—they are good only in a single county, and the fees for these county licenses vary from $1 to $25. In Nebraska a resident is required to secure a license to hunt in any county other than that in which he resides. In Maryland there is much variation, as each county is subject to a separate law; Allegany, Anne Arundel, Calvert, Frederick, Montgomery, Washington, Wico- mico, and Worcester counties have no license laws. Some of the counties of Maryland and Virginia require nonresidents to secure permission from landowners before hunting, and in North Carolina a general provision (Code of 1883, sec. 2831) prohibits anyone from hunting on lands of another without permission from the owner. Certain counties in North Carolina go farther and require hunters to obtain written permits.’ Occasionally the hunting privileges covered by these permits are sold to nonresidents in return for payment of taxes on the land or other consideration, and the permit becomes in effect a kind of nonresident license, but with this difference, that it allows shooting only on a certain tract of land instead of in the whole county or State. In some States licenses are required only for hunting certain kinds of game. Thus in Michigan they are issued only for hunting deer, in Maine for deer and moose, in Florida for deer, quail, and turkeys, and in South Dakota for big game. In part of Dare County, N. C., license fees of $25 are required of club houses before members may shoot wild fowl.? In Illinois, Indiana, Iowa, Maine, and Wisconsin licenses carry with them the privilege of shipping out of the State a limited amount of game, but generally require that it shall be prop- erly marked or accompanied by the owner. In Maine dealers are _ obliged to secure licenses before they can sell deer or buy, sell, or tan deer skins, and in Arkansas* and Oregon licenses are issued to non- resident market hunters. (Georgia permits its counties to require a | The foliowing counties require written permission for hunting on lands other is than those of the owner: Alexander, Alleghany, Buncombe (birds), Caswell, Clay, | Craven, Davidson, Edgecombe, Franklin, Halifax, Henderson, Iredell (birds), Lin- __ coln (birds), Macon, Madison (quail), Mitchell (deer), Orange, Richmond (Steeles __ Township), Rowan, Scotland, Surry (quail), Wilkes. 3 2But any citizen of the county may obtain a ‘nonresidence license’ on payment es of $10. ky: 3 Arkansas levies a tax of $10 upon all nonresident trappers, hunters, seiners, or __hetters of fish who may follow trapping, hunting, seining, or netting of fish in the | State. (Mansfield’s Digest, secs. 6456-6457. ) 48 DIGEST OF GAME LAWS FOR 1901. $25 license fee of market hunters. Colorado issues storage licenses — at $1, importation licenses at $1, and park licenses at $1-$100. Cali- fornia, Colorado, and Oregon issue special permits upon application to the on commissioners or game wardens, allowing shipment of panies out of the State for breeding purposes. It might be well if the prac-°* tice of issuing permits in the case of birds intended for propagation were more general. It is not in conflict with the spirit of nonexport laws, and under State supervision will hardly interfere with their proper enforcement, while, on the other hand, it may materially assist in obtaining a supply of birds for restocking covers in other States. ‘Details in regard to nonresident licenses are given in the following table. In a few States an additional clerk’s fee, 25 cents to $1, is required to cover cost of issuing the license, but this item is not included in the fees given below. Licenses for hunting game. States. jue | Fee. | By whom issued. Remarks. Arkansas ....---- Nonresident. .| $10.00 | County clerk ..............- Delaware. ...---- Nonresident..| 5.00 | Delaware Game Protective | $2 for each subsequent year. Association. In OTIGa sen cee Nonresident..| 10.00 Clerk circuit court of | County license for deer, quail, | county. turkeys. Nontransferable. CONE Iae 2. - o,-— ci). cases eeeee Bere 25.00 | Ordinary of county.......-- Permits killing deer, quail, doves, and turkeys for sale. | Optional with each county. MNMIMNOIS: S222 - Nonresident.-.} 10.00: Secretary of state........... Expires June 1. Permits ex- | port of 25 birds from State. andianiayecess eee Nonresident..} 25.00 Clerk circuit court of | Permits export of 24 birds from | county. State. Nontransferable. TO Wialtaee cee te Nonresident..} 10.00 County auditor..........--- County license. Expires Jan. 1. Permits export of 25 birds. Maines 3. -f 252s Camp keeper.| 5.00 Commissioners of Inland Fisheries and Game. Guide (resi- HOORS 52 GO: NetGear eee eee dent). Guide (non--| $20.00 ..... CO. See eee ae resident). Gamerheiee o|eesetenie acre COM Ssh ace eee ee .....| Moose, $5; deer, $2; pair of ~ game birds, 50 cents. Per- mits shipping home or to : hospital in State. Deersalesestsleessescl masse Gore ee pee In cities of more than 3,000 in- habitants, $5; elsewhere, $3; or, per deer, 50 cents. Deerskim -2-=- OOM eoase GO: 2a eee eee Permits buying, selhae or tanning. Maryland .......- Nonresidenitice| S252 see eee ee ees eee eee Baltimore, Caroline, Carroll, Cecil, $10 (wild waterfowl); Charles, $5; Dorchester, Gar- rett, $25 (nontransferable); Harford, $10; Howard, Kent, $15, if invited by land owner, $5; Prince George, Queen Anne, St. Mary,! Somerset, $10 (unless accompanied by resident); Talbot, $9.50. Machigan. =... Nonresident .-.| 25.00 | County clerk ...:........-.- Per season. Permits killing and transporting, but not exporting, deer. Resident .-.-..- M18 GO Lasse Use eee eo eee Do. Minnesota.....-. Special non- | 25.00 “Board of game and fish Limited to 1 year. Includes resident. commissioners. animals and birds, and ap- _ plies only to citizens of — States having restrictive — | laws against nonresidents. 1 Licenses not required for shooting or trapping certain waterfowl on Patuxent in case of citizens of St. Mary, Prince George, Charles, Anne Arundel, and Calvert counties. States. _ Minnesota.....-- ' Montana?!. ...... Nebraska........ ~ North Dakota ... Pennsylvania ...- South Carolina .. South Dakota ... aE seh \aligcabaip eae aes Washington ..... West Virginia ..- Wisconsin .....-.. i Wyoming a a British Columbia _ Manitoba........ New Brunswick. LICENSES FOR HUNTING GAME. 49 License for hunting game—Continued. Remarks. Kind of E limenens Fee. By whom issued. Nonresident . .|$25.00 | County auditor............. Resident ..... 22D Rate « Owe tUAee GREE Ee eee Nonresident.-| 25.00 | State game and fish warden. 1D BOOM Eaeae UG Tan Betas erates eS Nonresident..} 10.00 | Game and fish commis- sioner. Resident ....-. HEOOG sasoc GLO Fers eee clare Sh Nonresident .-.} 25.00 | County auditor.......:..... Resident ....- 7d) Weteee GOS ae Ae en ee Market hunt- | 10.00 | Game and forestry warden. ing. Nonresident. .| 10.00 | County treasurer........._- Nonresident. .| 25.00 |...-- CO ae ee Ae ae 2 Nonresident..| 25.00 |..... GOs aa oes koe eee Resident ..... LE OOM es 23 dose steae Ey eer Sa 2 Nonresident..}....... Commissioner of revenue .. Nonresident...) 10.00 | County auditor.....-......- Resident? ....| 1.00 |...-.. (SU Oh a Naa aie i eae Nonresident..| 25.00 | Clerk of county court ...... Nonresident. .| 25.00 | Secretary of state.........-- Nonresident. -./ 10.00 |....- CO Ot aes aa I see ete Resident ....- 1AOOR MC Oumtiy Clerk. a ances- eee Nonresident..| 40.00 | Justice of the peace ........ Resident ..... WOO WE eaee GNOMES AS Re San reg! XOGb Ss sesteals Sok et lee ee GO Aeeee tee eee ees Guides... ... LOSOOR| Esa - (Greek oie cnn’ atSea Deir tae See erg Nonresident.-.| 50.00 | Any government agent .... Nonresident. .| 25.00 | Minister of agriculture and immigration. Nonresident. -.| 30.00 | Surveyor - general; chief game commissioner; any 5 game warden. Nonresident. -.| 20.00 |...-- LO aes ee cere ee eas Resident ..... PEON eee CMCC) Sos at I ee Guidersee a. s ZO OO) |saerere GOr eRe a cee ame eee Guide) ses. - POD leaae OO Te SESS ROCESS ere Camipyielip = -2|) 20500) es. GOR eis cease Beit 2 For 1 year from date of issue. Deer, caribou, elk, and moose. Do. Deer, elk, moose, mountain goat. Game birds. Permits export of 50 birds. Expires December 31. Necessary outside of county of domicile. Expires Dec. 31. Expires December 31. Expires December 31. Not re- quired for hunting by citi- zen on his own lands. Nonresident. Expires Decem- ber 31. Nontransferable. County license for big game. Issued Noy. 1. Expires Dec. 31. Nontransferable. Oo. Alleghany, Augusta, Bath, Botetourt, Highland, Rock- bridge, $10, not required in ease of consent of land own- er; Lee, $10 (partridge or quail). County license for 1 year. $20 extra for killing elk. County license for 1 year. Not required of persons under 16. May be obtained by residents of Oregon and Idaho. - County license for 1 year. All game, including deer. Permits export of 2 deer and 50 birds in one year. All game except deer. All game. Permits transpor- tation of 2 deer; also 25 up- land game birds and 50 snipe or water fowl in one shipment. All licenses non- transferable. For 1 season. Big game. For Ll season. -Biggame. Not required for county of resi- dence. For shipment of carcasses, heads, antlers, scalps, or skins taken in open season. Not required of army or navy or members of permanent corps of Canadian militia in actual service. Any animals or birds. Any game or game birds. Moose and caribou only. Moose and caribou. Nonresident accompanying anyone into woods to hunt moose or caribou. Resident accompanying any- one into woods to hunt moose or caribou. Nonresident accompanying anyone going into woods to hunt moose or caribou. _ 1“The Attorney-General of Montana has decided that a nonresident of that State whoisa stockholder in a corporation in the State, or who owns other property in the State upon which he pays taxes, can hunt in the State without taking out a nonresident’s license; but that if a nonresident holds property in the State upon which he does not pay taxes, he must take out a nonresident’s license before he _ can legally hunt or fish within the State.” (Am. Field, Vol. LVI, p. 61, July 27, 1901.) 2The Superior Court of Spokane has declared the license law of Washington unconstitutional, so far as it relates to residents of that State, on the ground that it discriminates in favor of persons ce: under 16 years of age. (Am. Field, Vol. LVI, p. 164, Aug. 31, 1901.) 50 DIGEST OF GAME LAWS FOR 1901. Licenses for hunting game—Continued. Kind of Bae : a : license. By whom issued. Remarks. Provinces. Newfoundland ..| Nonresident. ./#40.00 | Stipendiary magistrate; jus-| 2 stag and 1 doe earibou. tice of the peace; minis- Good for 4 weeks. fae not ter (or deputy) of marine required of officer of British and fisheries; any game warship stationed on coast warden. of Newfoundland for fisher- ies protection. ) Nonresident--} 50.00 |...-- CO LO peated ape Manes bd a Coen 3 stag and 1 doe caribou. Good | for 6 weeks. Nonresident--} 80.00 |..... 0 KO mera ote A, che, Se 5 stag and 2 doe caribou. Good | for 2 months. { Nonresident | 25.00 |..... GOx cass toe ee eee eee Employment of guide, laborer, guide. or bearer. Northwest Terri- | Nonresident-.-] 15.00 | Commissioner of agricul- | Expires Dee. 31. tories. ture at Regina. Gulests-2-- ee 100 Game suardiane esses aes eee For guests (not residents of adjacent Provinces or States) of residents and . hunting withthem. Good for 5 days. Nova Scotia! ....| Nonresident..| 30.00 | Provincial secretary or | All game. Good for 1 year chief game warden. from Aug. 1. Nonresident. -} 10.00 |..-..- OO Se SSD oes Sononaer Birds, hares, and rabbits. Good for 1 year from Aug. 1. Ontanloesss esse: Nonresident. .| 25:00 | Chief warden --.-2.-2 22... Two licenses may be obtained by 1 hunter on certain con- ditions. Resident ....- UOECO osana CO LOMA segs Seon Sone Moose and caribou. Resident ....- 200) seen GOS eee ee eee Deer. Quebeceseeeeeeae Nonresident. .| 25.00 | Commissioner of lands, for- | General license to hunt. ests, and fisheries. Nonresident. -.| 20.00 |....- GOs ersne: cae cee ee ee Game animals. Nonresident. .} 10.00 |....- GO 232 eae Se Rene ae Game birds. Good for season.? Nonresident..| 1.50 |...-.- GOrsh a nec eee eee Game birds. Good for 1 day.? 1Licenses not required of taxpayers, or of former residents, who are members of the Game and Fishery Protection Society, and in government employ, under certain conditions. 2Separate license required for shooting game birds in Gulf of St. Lawrence. In this connection it may be well to call attention to the Canadian law regarding nonresident hunters. Those who visit Canada for the purpose of hunting, camping, etc., are required to deposit with the customs officer at the port of entry an amount equal to the duty (30 percent of appraised value) on such guns, canoes, tents, cooking utensils, kodaks, etc., as they take withthem. If these articles, prop- erly identified, are taken out within six months at the same port at which they were carried in, the deposit will be returned. But mem- bers of shooting or fishing clubs that own preserves in Canada and have filed a guarantee with the Canadian commissioner of customs, may present club membership certificates in lieu of making the deposit. They must, however, pay duty on all ammunition and provisions carried in. RESTRICTIONS AS TO PURPOSES FOR WHICH GAME MAY BE KILLED. Not only are limits set to the time for killing game and the methods of hunting, but in many instances the killing or possession of game for certain purposes is prohibited. Restrictions of this kind may be con veniently considered under the four heads ‘ Market hunting,’ ‘ Killing for hides.’ ‘ Possession and storage,’ and ‘Sale.’ ’ ) MARKET HUNTING. Traffic in game, especially since the advent of railroads in the West and the introduction of modern methods of refrigeration, has grown to large proportions, and in several instances threatens with extermi- nation some of the most valuable game in the United States. The ~ amount killed for sport or for food, however large it may be, is small in - comparison with that killed for market. With a view to preventing extermination of their game, some States have prohibited killing for sale, and others the sale of all game taken within the State or pro- tected by its laws. Ohio prohibits killing for sale of squirrel, quail, ruffed grouse or pheasant, prairie chicken, wild turkey, Mongolian, English or ring-neck pheasant, and woodcock; Pennsylvania, deer, elk, quail, partridge, grouse, pheasant, wild turkey, and woodcock; Indiana, quail, ruffed grouse, and pinnated grouse; Iowa, these and - _woodcock; Tennessee, deer, quail or partridge; Wyoming, big game. 4 ) ’ ) Se; J S> § The Province of Ontario prohibits the employment of any one to kill i game for sale; and Nebraska and the Indian Territory the slaughter of game for any purpose except food. In many States that do not abso- lutely prohibit killing for sale, such killing is greatly restricted by laws requiring hunters to secure licenses, and limiting the number that may be killed (see pp. 44-50). Oregon requires nonresident : 4 market hunters to obtain a special license, the fee for which is $10. _ Georgia has a general law forbidding killing for sale, except under license, but it is not operative in any county until recommended by _ the grand jury of that county. KILLING FOR HIDES. Killing for hides may be regarded as a special phase of market 3 hunting and one which has proved extremely destructive to big :@ game in certain States of the West. Of late years legislation ha; 51 52 DIGEST OF GAME LAWS FOR 1901. been directed toward stopping this source of waste. Wyoming pro- hibits purchase of hides or horns of deer, elk, moose, antelope, moun- tain sheep, and goat; and in some other States dealers are required to obtain special licenses for handling hides of deer and moose or other big game. (For restrictions on shipment of deer hides see page 60). POSSESSION AND STORAGE. One of the most important features of game legislation has been the gradual increase of provisions making the possession of game out of season an offense. Prohibitions against killing can be enforced _ only against the hunter, who may be merely the agent of the dealer; but penalties for possession can be enforced alike against hunter and dealer, agent and employer. The enforcement of such provisions has given rise to cases which have been carried to the highest courts. Acknowledgment has been slow of the principle that States can impose restrictions on possession of game,’ or that birds lawfully purchased in open season can become contraband simply by being kept a few days in storage. It is unnecessary here to review the his- tory of this litigation; but reference may be made to a case recently decided by the supreme court of Indiana, in which the appellant was convicted of having in his possession on February 5, 1900, a single quail, which he had obtained lawfully on December 30 previous and had kept in his refrigerator, notwithstanding that the law of Indiana pro- hibited possession of quail in that State after January 1. In deciding this case the court summarized the whole question briefly in the fol- lowing words: The individual has no natural right to take-game, or to acquire property in it, and all the right he possesses or can possess in this respect is granted him by the State. The power to grant embodies the power to impose conditions. . . . . . The citizen when he accepts the State’s grant, accepts it impressed with all the restric- tions and limitations laid upon it, and when he acquires property under such license he does so with full notice of his qualified right; and so, if he loses that which he has taken, or held possession of, upon forbidden terms, he has lost nothing that belonged to him, and there has been no taking of property without due process of law, or without just compensation. (Smith v. State, 58 N. E. Reporter, 1045.) Similar decisions have been rendered in Minnesota (State v. Rodman, 58 Minn. 393) and other western States. The supreme court of Mis- souri has even gone so far as to hold that under a law prohibiting possession during the close season, a contract on the part of a cold- storage company to keep game during the close season is illegal. (Haggerty v. St. Louis Ice Co., 44 8. W. 1114.) In Ontario game 1 Michigan (Acts of 1893, p. 312) and Minnesota (Laws of 1897, p. 413) have declared that birds protected by law shall always remain the property of the State. When their killing is not prohibited, they may be used in the manner and for the purposes authorized, but not otherwise. = ss eee SALE. 7 D8 dealers are licensed, and, in addition to the regular license, are required to obtain a special license at a cost of $25 to keep game in cold storage during the close season. The question of the status of imported game has been greatly sim- plified by the passage by Congress of the Lacey Act; and in this con- nection attention may again be called to section 5 of that act, which provides that all game imported into any State becomes subject to the operation of the laws of that State (provided they are broad enough to cover it) to the same extent and in the same manner as if produced in that State. SALE. Thirty-two States and Territories and 6 Provinces of Canada now prohibit the sale of all or certain kinds of game at all seasons. There has been a steady increase in the prohibitions against sale, and during the past year such provisions have been enacted by Arizona, California, Indiana, Michigan, Minnesota, Missouri, Nevada, New Hampshire, North and South Dakota, and Quebec. In Arizona, Idaho, Kansas, Michigan, Montana, and Nevada the sale of all game protected by the State law is prohibited. In Massa- chusetts and New Hampshire the sale of ruffed grouse or partridge, and woodcock is forbidden; in South Dakota, big game; in Minnesota, quail, ruffed grouse, sharp-tailed grouse, prairie chicken, and all aquatic fowl; in California, Washington, and Manitoba, all big game and upland game; and in Ontario, quail, ruffed grouse or partridge, wood- cock, and snipe. In some States, after the close of the open season, a few days are allowed in which to dispose of game. Such provisions prevail in Illinois, Iowa, Massachusetts, New Jersey, Ohio, and 5 Provinces of Canada. The right of the State to prohibit dealers from storing or selling game imported from other States has been hotly contested. While there has been diversity of opinion on this point, the majority of the decisions have sustained the State. Such decisions _ have been rendered in California (x parte Maier, 103 Cal. 476), the ' District of Columbia (Javins v. U. S., 11 App. D. C. 347), Illinois » (Magner v. People, 97 Ill. 320), Maryland (Stevens v. State, 89 Md. 669), Michigan (People v. O’Neil, 68 N. W. Rep. 227), Missouri (State ®. Judy, 7 Mo. App. 524), New York (Phelps v. Racey, 60 N. Y. 10), and in other States. — A decision of the same kind has recently been handed. down by the United States circuit court in the district of Oregon.* A dealer in _ Portland had been convicted by the State of selling, contrary to the law of Oregon, certain trout purchased in Seattle, Wash. He was fined, and in default of payment was imprisoned. Application was there- upon made to the Federal court for a writ of habeas corpus, which was —————— St 'In re Deininger, circuit court, district of Oregon, April 17, 1901. 5037—No. 16—01——5 54 DIGEST OF GAME LAWS FOR 1901. denied. In rendering this decision the court cited the case of Geer ». Connecticut,’ and disposed of the question as follows: The decision [Geer v. Connecticut] is based upon the fundamental distinction that exists between the qualified ownership in game and the perfect nature of ownership in other property. Ifgame when reduced to possession became an article of property, in the ordinary sense of the word, it would belong to commerce; otherwise, it is a subject of control by the State, in the exercise of its police power. There is, in my opinion, no room to distinguish between the right to take game out of the State and the right to bring it within the State. Interstate traffic is affected as much in one case as in the other. It is not material that in one case the killing of game is dis- couraged by the limitation which the law puts upon its use, by prohibiting its expor- tation, while in the other the enforcement of the law against the taking of game is rendered practicable by making its possession for sale unlawful. The ultimate object sought in each case is the same, and the law in each case is a legitimate exercise of the police power of the State. Illinois specifically provides that the sale of certain game imported from other States shall be lawful at certain seasons, although the same kind of game killed within the State can not be sold at any time. Missouri, New Mexico, and Pennsylvania restrict prohibitions against sale of game to that taken within the State. Nebraska permits the storage but not the sale of imported game during the close season in the State for similar game. Ina few instances prohibitions against the sale of certain game are so general as to afford protection over a considerable area. Thus ruffed grouse can not be sold in New Brunswick, Ontario, Manitoba, Maine, New Hampshire, Massachusetts, Connecticut, Mich- igan, or Minnesota. Antelope can not now be shipped from any State, although they may still be killed in Colorado, Idaho, Nebraska, Ore-_ gon, Washington, and Wyoming. Practically every State in which ~ prairie chickens occur has now prohibited their sale or export. Hence the exposure for sale of these birds in any State where they do not occur, as in any city east of Indianapolis, is strong indication of viola- tion of law. The following table is intended to show two very distinct things: (1) The species which each State and Province prohibits from sale at all seasons. (2) The extension of time beyond the limits of the regular open season allowed dealers in some States, to enable them to dispose of game on hand which can be lawfully sold within the State. The two lists have little in common except that they both come under the head of restrictions on sale of game. 1In which the Supreme Court of the United States upheld the constitutionality of the nonexport law of Connecticut. . reqop IO “9¢-c¢ sosed 908 ‘SI op) | > 4 m i¢p) Q fe) 4 | m re = z oO x vU aD ) = 2 4 op) > is m fe) | QO m a 4 Zz v4 @ > = m > 4 > CT i = = m D PLATE VII. . ete Mere ONO Omicae ee col) “ei fel 2) 1 SIO TS) G* 0c Tel Ia Beh 1 | . Cees igi ie tant OSD Gr Sg wens. e Chi Ey Ce) ater cee COR IC ‘ - OH er eies igh ry ete eral Donne pest ag le oP I eteyay ea a os | Shaina LSet Shc we nL one cee piaie ali aay Big hy eel eul aw a Pope pe tin Ue 10 elements t eee Circ ee A Bre ene nteh (ete) save . NO A Ot COTO SORO RO eae OROLG: Gell Reicn the i Seek a Le Se Sara dag aire! 1 Cen aor S Satie ae ge ; : ce 8 eee : r ariel Te a ea | PR ety, See Seat Te Th Goh DERG a mapas yes, <1 SA View?) 6: OPV ae sei ieee (ee @h.@ pee Se eee ie) naleier ie [ois oe et sie oer eceere 320 OMe be Be cclc >. Gee CL elie ae ea c- rec tt tthe ee wee ol ES St ceeae faa ates eas , | oe UO VOM LE ir tag | Focal pie cos aueewaie ein CLIO! SC CE ION. CCA aCe ONO Pere pat es tee eg ee wloc gy tele ae me re ae wate OOM em ee RA Neier = in . oe NDsiiclee oes iy oa fanaa ioc Chal ORL ONCa Oo ery ie Seo 1 Mm eR came laird OA (ie LDS ae ee ae [@) pe acer ar o BLS Ras canbe wire onion wig kl one Aide (@ Eel e "0 @ i 8) 0.2 0 CO Lor > bo ee a: . = eee xe Oi Tay CORO 5 SC ees é 2, x 1 . CET SEr aL (ati cee n Ly > ( . . ee . =e ee ~~ bs izes i . fecha Pirell heat Valens s (hanes e neato atie 2 Sey BORON Ee a ele ane ee? Zee 4 ak te Aria eae elt Or SNe EN Or Meee ag eta is wie Gos Be eae oe Cael sug shalite ws FEI DO 0 SEASHORE iat amaltina: lost _ Wie a ER Saree hel Tas Geocaclo Gar O.5.55 5, Seay Ne a et Aes ha, me leeees es ee tte: occ Bip. RaRIeicy ee aia aie PEEL Dee eit TE Niece m ge aie ORES MSA aoe Gee) Oe eager coe eet cree fae ebag Cia CaCO Chet ote . ett it: Onna) _ 1 z ny pots CO el Ome ry rei Be ages a cm CEO! Cat ONO" 7 (@) I « « a ant ee oe eesti cat ne per en ae a SO cs ke sea ee a 233 (ye eee = ; wD GeO. ee ee é Ofe a) @ (OP a we © rt das _ ot eit er en ke ~ 6: Ya termes Ce | . OF ser See ral We eC OO eS A ay (ata ee, Gee tetts OCHO 0) 00 at ai gee n@, 0OkOE se On eave eh. pon Oe eee ress \ Ere ia Sag. oe ie ptt. eee Scie to ne yee tor ac =Bt Zz ou e mele Pike < . iste Oa w bts Do esse Sys Ce Die Go gta = Seas Raa i = We Ae ee tes ry Big 8 pee ae SP Obig War iaee . aoe e, . e s Dry gerne oss reas! . rags Dips ence 4 rn ane Sa e ———— 7. © SALE. Restrictions on sale of game. California Colorado Delaware......---. Idaho MOMMOIS: == 2s. es 2 Maryland: i Anne Arundel.. Baltimore City . Frederick Montgomery -: Washington .... Wicomico Worcester Massachusetts Michigan .......... Minnesota GVO Eee New Hampshire... New Jersey........ New Mexico.....-.. New York es a of illegal capture. Sale prohibited at all times. Deer, squirrel, quail, partridge, grouse, pheasant, wild turkey, woodcock, killed or trapped within the State. Deer, elk, antelope, mountain sheep, mountain goat (or hides of any of said animals), quail, bob- white, partridge, grouse, pheasant, dove, wild turkey, snipe, rail, wild duck, goose, prant. Deer meat (hides of female deer or those without evidence of sex), quail, partridge, grouse, pheas- ant, sage hen, ibis, plover. All game taken in the State Buying quail, partridge, pheasant, for sale pro- hibited. WMeerrGdeerihides. a sees one eee Se ee ees Deer, elk, moose, caribou, antelope, mountain sheep, mountain goat (and hides of preceding species), quail, partridge, grouse, prairie chick- en, sage hen, pheasant, Mongolian pheasant, duck, goose, swan. Squirrel (gray, red, fox, black), quail, ruffed grouse (pheasant), pinnated grouse (prairie chicken), wild turkey killed within limits of State, or any deer, pheasant, cacubis, chucker partridge, sand grouse, black India partridge. (OCHO US Bey VER ee a ee SO aASe ees teeter Quail, partridge, grouse, pinnated grouse (prairie nighen), pheasant, dove (buying also prohib- ited). Deer, ae or game birds for shipment beyond limits of State. Ruffed grouse or woodcock for any purpose. (Deer may be sold by local dealers under license. ) Squirrel, partridge, pheasant, woodcock, taken in county. .| Partridge, pheasant, wild turkey, for export....... Deer, squirrel, rabbit, partridge, pheasant, wild turkey, taken in county. ade or partridge for export (both counties con- f sidered as one territory). Ruffed grouse, woodcock, until 1903........-....-..- Allioame protectedsby Stale ss422¢ s.2.-¢s2ee ces cnn ne Deer, quail, ruffed grouse, pheasant or partridge, sharp-tailed grouse, prairie chicken, aquatic fowl. Deer, quail, pinnated grouse or prairie chicken, wildturkey, killed in the State(until Mar, 23, 1906) . Deer, elk, moose, caribou, antelope, bison, buffalo, mountain sheep, mountain goat, quail, partridge, grouse, prairie chicken, fool hen, sage hen, pheas- ant, Chinese pheasant, wild duck, goose, brant, swan. All game protected by State. ....-2...2.-2.2.--.-22: Ruffed grouse or partridge, woodcock Deer, elk, antelope, mountain sheep, ibex, moun- tain goat, quail, partridge, grouse, prairie chicken, pheasant, wild turkey, killed within the Territory. 55 ‘Sale season different from open season. Sale seasons for game which may be sold begin 3 days later and end 5 days later than regular close seasons. Imported game in cities, Oct. 1-Feb. 1. Sale during open season and 5 days thereafter. Ruffed grouse, sale permit: ted Oct. 1-Dece. 25. Imported quail, Oct. 1-May 1; imported jack rabbits, white rabbits, grouse, wild pigeons,shorebirds, ducks, at any time. Sale permitted during open season and 5 days there- alter. Sale permitted during open season and 30 days there- after. Deer, sale permitted Sept. 1-Noy. 21; quail, grouse, woodcock, sale permitted during open season and thereafter until Jan. 1.1 1 Possession or sale of deer Noy. 16-20, or quail, grouse, woodcock, Dee. 17-31, presumptive evidence 56 DIGEST OF GAME LAWS FOR 1901. Restrictions on sale of game—Continued. States. Sale prohibited at all times. North Carolina: Halifax Henderson Rowan NWWAEreME sac 225 = North Dakota On Oss ence soc Pennsylvania Rhode Island...--- South Carolina -...! South Dakota Texas Virginia: Greenesyville.... Page Sussex eene ee eee Washington......- Wisconsin Winona eee ae | British Columbia. . Mamttobae ce. New Brunswick ..- Northwest Terri- | tories SE ees ae Newfoundland .... Ontariozs css Quebec Quail or partridge: <2 Ss eee ne eee eee ae Wild fowl or ramelor any, kang: oes ae ee eee Quail or partridge, grouse or pheasant, turkey, dove, woodcoek. Qual orspartridges a fo ecee nea e eee eee nee eee eee Deer, ruffed grouse, pinnated grouse, prairie chicken, sharp-tailed grouse, woodcock. Squirrel, quail, ruffed grouse (pheasant), prairie chicken; Mongolian, English, or ring-necked pheasant; wild turkey, woedcock, killed within the State. Deer, antelope, quail (partridge), grouse, prairie chicken (pinnated grouse), Mongolian or Eng- lish pheasant, turkey, plover, snipe, jacksnipe, killed within the State (except in county in which killed). Quail or partridge taken in county-...-.--.-.-.--.--- Elk, moose, caribou, killed within the State; deer, antelope, mountain sheep, mountain goat (or hides of deer, elk, moose, or caribou), quail, par- tridge, grouse, prairie chicken, sage hen, ptarmi- gan, pheasant. Purehase of hides or horns of deer, elk, moose, antelope, mountain sheep, mountain goat, pro- hibited. Elk; female and young of deer, moose, mountain sheep; grouse (except blue grouse), English par- tridge, pheasant, quail. | Deer, elk, moose, caribou, antelope (except heads and hides), quail, grouse, pheasant, partridge, prairie chicken, plover, snipe, sandpiper, wood- cock. Partridge until Sept- 15.1903 22 tee aes ee eee Mountain sheep, mountain goat................--- Prairie chicken, unless captured by owner...-..-- Quail, partridge, woodcock, snipe, until 1905.-..--- Birch or swamp partridge, until 1903 Pye e Sale season different from open season. Sale permitted—dove, July 4—Dec. 15; killdeer, plover, snipe, rail, Sept. 1-May 15; coot or mud hen, wild duck, Sept. 1-Apr. 15. Quail, grouse, ring-neck pheasant—sale permitted only during last 15 days of open season. Deer, sale permitted only Noy. 16-Dee. 6; plover, snipe, duck, Sept. 1-Dec. 1. Sale: from Sept. 1, male deer; from Oct. 1, male moose, caribou, mountain sheep, mountain goat; in all eases to end of open season and 5 days later. Goose and brant, sale in open season and there- after to Mar. 1. Ptarmigan, sale permitted during open season and 10 days thereafter. Sale permitted during open season and not to exceed 20 days thereafter.2 Li- censed cold-storage men may sell during close sea- son. Sale permitted during open season and 15 days there-_ after. 1Sale, in Northumberland County only, permitted at any time of partridge killed in open season. 2Close seasons depend on regulations of board of game commissioners. SHIPMENT OF GAME. Shipment is one of the most important subjects of game legisla- tion. It controls the trade in game, and on this account deserves careful consideration. Some of the leading topics under this head are ‘ Marking packages,’ ‘Shipping within the State,’ ‘ Export from the State,’ and ‘Transportation of game for propagation,’ each of which is taken up in detail below. MARKING PACKAGES. Section 4 of the Lacey Act requires that every package containing game animals or birds when shipped by interstate commerce must be clearly marked so as to show the name and address of the shipper and the nature of the contents. The laws of Colorado, Connecticut, Mich- igan, Nebraska, Oregon, Wisconsin, New Brunswick, and Ontario likewise require packages of fish or game to bear a mark indicating the contents. Such general statements as ‘game’ or ‘birds’ are not sufficient to show the nature of the contents, and the marks should indicate not only the kznd of game, but also, if possible, the amount in the package. Some of the shipping tags distributed by commission merchants are printed so that a list of the game and a space for the ship- per’s name appear on the back of the tag, and in some cases the address is replaced by a number, which is registered on the books of the con- signee. When such a tag is tacked to the package the information regarding the shipper’s address and the contents of the package is con- cealed while in transit, but is readily accessible to the consignee by removal of the tag and examination of the reverse side. These tags are in common use in the commission business, and are perfectly legitimate when used for the shipment of fruit and vegetables; but the shipping of game is different, and the shipper who uses such tags should be careful to write his name and address and a statement of the contents on the package or on the face of the tag to avoid the danger of becoming liable to the penalty provided for evasion of the Federal law. | Some of the State laws are very explicit on the subject of marking. Nebraska requires that all packages shall be labeled with the address of the consignor and the amount of each kind of game contained in the package, and provides a fine of $10 to $50 for omission of such marks. Michigan requires that all packages of game shall id ol 58 DIGEST OF GAME LAWS FOR 1901. be plainly marked on the outside with the names of the consignor and consignee, the initial point of billing and destination, and an itemized statement of the quantity of game contained therein. Ontario exacts that all bags, boxes, and parcels, besides bearing a description of the contents and the name and address of the owner, must be so made as to show the contents. Several of the States require big game and game birds carried home by sportsmen to be marked with the owner's name, shipped as baggage, and transported open to view. It is a common practice to forward game by express under a false or misleading name, with the hope of avoiding suspicion; but in Nebraska and Wisconsin a false: statement as to contents is punishable by a fine of $25 to $100 and in Oregon by a fine of $100 to $500 or imprison- ment one to four months, or by both fine and imprisonment. | Railroad and express companies should call the attention of their agents to these provisions and insist that all packages be properly marked before shipment. In Nebraska common carriers are prohib- ited, under a penalty of $25 to $100, from receiving consignments of game not properly labeled. In Texas they may examine suspected packages, and in Arkansas they may cause them to be opened when necessary and may even refuse packages supposed to contain fish or game for export. In Wisconsin packages of fish or game not properly marked may be seized and sold by game wardens. Various devices have been resorted to in evading nonexport laws. Game has been shipped in trunks, in butter kegs, or in boxes marked ‘dressed poultry,’ ‘butter,’ or ‘household goods,’ and in packages bearing cipher addresses or numbers or ingeniously concealed state- ments of contents. All such devices are clearly illegal, and when exposed through inspection by game wardens or deputy marshals render the shipper lable to the loss of his game, beside additional heavy penalties for evasion of the shipping laws. | SHIPMENT WITHIN THE STATE. In the shipment of game a distinction is made between shipping — within the State and exporting from the State. The majority of the States which prohibit export place no restriction on shipment within the State, but in the others various limitations exist. Delaware, Minnesota, Missouri, Texas, Kansas, and Nevada prohibit shipment of all or certain kinds of game within the State. Fourteen other States and one Province of Canada permit such shipment, but guard against abuses by numerous requirements. In eight of these—Maine, New Hampshire, Connecticut, New York, Wisconsin, Iowa, Wyoming, and New Brunswick—shipment is allowed under hunters’ licenses, usually on condition that the game be tagged, carried openly, and accom- panied by the owner, though sometimes special exceptions are made SHIPMENT WITHIN THE STATE. 59 | tothis rule. Thus, Maine forbids the transportation of moose, deer, | and game birds from place to place unless accompanied by the | 2 owner, but provides for their shipment under tags sold by the com- mission of inland fisheries and game. The remaining seven States ' permit any person to ship game, but impose many restrictions with | - regard to such matters as marking packages, shipping open to view, ete. In States like Maryland, Virginia, North Carolina, and Ten- nessee, which have special county legislation, laws concerning ship- ment of game usually relate to export from counties, though the last two prohibit export of quail from the State by general law. In like manner Delaware, Florida, and New York prohibit the shipment of certain game from the counties where killed; but these are excep- tional, all other States treating the State as a unit. New Hampshire - prohibits all shipment within the State of moose, caribou, and elk, but permits the shipment of deer under certain conditions when accompanied by the owner.' Vermont prohibits the general trans- portation of deer, but allows the owner to carry one deer with him, open to view and tagged. New York, while prohibiting general trans- _ portation of deer or venison from or through any county, allows one carcass to be shipped when accompanied by the owner, but does not permit more than two deer to be transported by the same person in - one season. Woodcock, grouse, and quail likewise can not be trans- ported in the State or brought into the State from a point 25 miles from _ the State line unless accompanied by the owner, and the latter is not _ permitted to transport more than 12 each of grouse or woodeock at one time, or 36 of each in one season.” Connecticut likewise prohibits trans- portation of quail, woodcock, and ruffed grouse in the State, except - when accompanied by the actual owner, and limits the number of _ ruffed grouse which may be carried in any one year to 36. Iowa per- _ mits a person to ship to anyone within the State not more than 1 dozen _ game birds in one day during the open season, providing the shipper first makes affidavit that the birds have not been unlawfully killed or _ bought and are not being shipped for sale or profit, and furnishes a _ copy of the affidavit to accompany the shipment for the security of the carrier. The transportation for sale of quail in South Carolina and deer and upland game birds in Florida and North Dakota are also pro- _ hibited. In Florida transportation of game is further limited to the carrying by hunting parties of their own game to their homes in the _ State. New Brunswick forbids the transportation of moose, caribou, _ or deer, alive or dead, or the hides or any portion of these animals, unless tagged, and accompanied by the owner. An exception is made, i a F _+An exception is made in favor of the Blue Mountain Association, which is per- _ m.tted to ship game from its own preserve without restriction. * Export of game from the State is prohibited. 60 DIGEST OF GAME LAWS FOR 1901. however, in the case of scientific specimens and breeding stock, which may be transported under special permit of the surveyor-general. Nevada includes transporting among the prohibitions concerning all big game except male deer and antelope. Nebraska and Wisconsin prohibit the transportation of all game protected by the State; Texas, all domestic game; Wyoming, big game only; Kansas and Iowa, game birds only; Connecticut, upland game birds only; Missouri, upland game birds and deer; Vermont and Michigan, deer alone; Delaware, rabbits, quail, woodcock, and snipe, and Minnesota, all protected birds except woodcock and upland plover. EXPORT FROM THE STATE. Since the constitutionality of the Connecticut statute prohibiting export of certain game was established by the Supreme Court in 1896,* nonexport laws have been generally adopted, and at the present time nearly every State prohibits the export of certain kinds of game. (See Pl. VIII.) Kentucky, Louisiana, and Mississippi seem to have no such laws; Virginia also has no general State law, but several of the counties prohibit shipment. In Maine, New Hampshire, Vermont, Indiana, Illinois, Wisconsin, Iowa, Nebraska, South Dakota, Wyoming, Colorado, Newfoundland, and possibly a few other States, sportsmen are allowed to carry a limited amount of game out of the State under special restrictions. In a few States exceptions to the laws prohibiting export are also made in the case of birds and animals intended for propagation. (See pp. 65-67.) Deer can not be lawfully exported from Alabama, Florida, any of the States or Territories west of the Mississippi (except Montana, Kansas, Iowa, and Louisiana), or any of the States north of the Ohio and Potomac rivers (except Illinois, Ohio, Delaware, New Jersey, Connecticut, Rhode Island, and Massachusetts). In Montana they can not be sold; in Delaware they do not occur, and in Illinois, lowa, New Jersey, Connecticut, Massachusetts, and Rhode Island they are pro- tected at all seasons indefinitely or for a term of years. The ship- | ment of deer hides is prohibited by special provisions in the laws of California, Florida, Nevada, New Mexico, Oregon, and Wyoming; Washington and British Columbia prohibit killing deer for hides, and Ontario, British Columbia, New Brunswick, and Newfoundland allow shipment of green hides only under license. The shipping of other big game is so generally prohibited that, although antelope and elk may still be killed in half a dozen western States, they can not be exported. Consequently the sale of either antelope or elk in any market east of the Mississippi River is evidence of violation of law, at least on the part of the shipper. —————— — 1Geer v. Connecticut, 161 U. S. 519. | PLATE VIII. op) a pe! Ae 2 iayk : ‘= ear . 8 bohae : ae : e See ees te at 26 ee Sn eee em cat ee aethe -—— = ¥ 8 GOL OF ai an one ary oe dail de T ] Sie a aie Tetio, vs a eta aoe q Sale ela « a ta ie - Pe SIN o Fan Na Te 1 4 sone ans Alia» BL Yat eine s I - de rhe Te nl TE ES SEE ICT NS (ot at ea anh ar 1 RI ee a tO a oo a NERA Meanie Si Te A RSS A tee ied ie eae Se — . . See eat Sle ke --+d4 rok modinys o)ii9)!8 * eR Pate en eee! = Yee = CPO CE COE ater aera a ee CPO OR Se MOE geno gra ee ag TC OE aes Ca cet EY Sit = Se aie Sa CR ec s Mees eee og fo) CRORE Rare Wee Cnc) bem 3 Seen ky Cy) Vhs tS se . e . ies ae i . ie Ol aa > . = x. Cielets 68 6 es eis aes Reak — Oe . 4 ian en a At CG it ie 0 = 6.6 4°, / eer © Say 2 ! = He oa La eleceer Se RCs SCC 3 cE ie he Ga eats a Sop COs eee eee: Bee ee ~ + yA Fee = é @ aoe en? Repreneee Bee ~ pete mo gee Zoe 4 ---— Para Ceioc . Pre Oe oe . ca a aed i are eee < z m 5 Gibesee eon se 6 © oe fF ae : Sen é a = Soh Oe A aia el ey Pee ey SE 7s) ee eA Oh on math so i Sie a Weaecini? he ov; Reise sania elsat l= = 4 eRe aie .: EO eegls .¢ act: = oe “us = ” eK 9) He Cn | = af ree. = = oe © eT Ea) ‘ * Pew ae Siarteh a kiCae Coge 5 osc oaees (Oe = a wae een ae as | nae Vina ae ERC ie wore LES a ONIONS cee A Biers a8, ,0,*' re are ry COCO (ar ra a Or a 2 pe A rsh Bee Ty et oe — EXPORT FROM THE STATE. 61 4 “Among game birds the most general prohibition is that against the export of quail, which is now in force in every State and Territory with ‘six exceptions. Among the excepted States are Montana, North Dakota, and Wyoming, in which quail are scarce, and in Montana the sale and in North Dakota the killing of these birds are at present unlawful. Nearly every State in which prairie chickens occur now has a non- export law. The effect of this law, combined with the sale restrictions, as already stated, is to make the sale of prairie chickens illegal outside of their normal range. Special attention is called to the following table, which contains a list of the game prohibited from export by each State: Export of game prohibited by State laws.? a States. Kinds of game—Penalties. ~ Alabama, L899) Se t2e Deer, squirrel, quail, partridge, grouse, prairie chicken, pheasant, English, Mongolian, or Chinese pheasant, wild turkey, woodcock—penalty, $50-$100. y mizona, 1901... ..--- Deer, elk, antelope, mountain sheep, mountain goat, quail, bobwhite, grouse, pheasant, wild turkey, dove, snipe, rail, wild duck, goose, brant—penalty, i $100 or less, orimprisonment 1 day for each dollar of fine and costs unpaid. Arkansas ........--.- Deer, quail, Virginia partridge, pinnated grouse or prairie chicken, wild - turkey—penalty, $10-$20 for each deer, $25-#50 for each pinnated grouse, and = $3-#10 for every other bird. California, Gy aeesee Deer, deer skins, quail, partridge, grouse, prairie chicken, pheasant, dove, wild pigeon, plover, snipe, rail, curlew, ibis, wild duck (except for propagation under permit from fish commission )—penalty, $25-$500, or imprisonment 25- 150 days. >» Colorado, 1899 ....... Deer, elk, antelope, bison, buffalo, mountain sheep, quail, partridge, grouse, ss ptarmigan, prairie chicken, sage chicken, pheasant, wild turkey, dove, pigeon, snipe, curlew, crane, duck, goose, brant, swan, waterfowl (game may be exported only under permit from game commissioner)—penalty, $10-$500, or imprisonment 10-180 days, or both fine and imprisonment. Connecticut, 1901....| Quail, ruffed grouse, woodcock—penalty, $10-$100 and $10 additional for cach ee bird. "Delaware, 1893 ...-.- Rabbit, quail, partridge, woodcock, robin (nonresidents also prohibited from shipping Wilson or English snipe)—penalty, $5 for each rabbit or bird and costs of prosecution. @iorida, 1899......... Deer, deer hides, quail or partridge, wild turkey—penalty, $25-#100 or 3-6 a months’ imprisonment at hard labor. mGeoreia, 1899 .......- Quaii or partridge—penalty, fine not exceeding $1,000, imprisonment not ex- ceeding 6 months, or hard labor not exceeding 12 months. Hoaino, 1399 ......-... Deer, elk, moose, caribou, antelope, mountain sheep, mountain goat, quail, - partridge, grouse, prairie chicken, sage hen or fool hen, pheasant, Mongolian pheasant, wild duck, goose, Swan (law does not apply to mounted heads or stuffed specimens)—penalty, $25-$75 with costs. ‘Tilinois, 1999. ..-. ... Squirrel, quail, ruffed grouse, pinnated grouse, prairie chicken, pheasant, wild turkey taken within the State (game may be exported only under license from the State)—penalty, #25-#100. mindiana, 1901 .......- Deer, quail, grouse, prairie chicken, pheasant, wild turkey, woodcock 2—pen- x alty, $10-$100. Indian ‘Territory,? | Deer, antelope, quail, prairie chicken, wild turkey, or other game from the Blog. Chickasaw Nation—penalty, $25-$100 and imprisonment. a ce ons against transporting game within the State or from one county to another are not nelude 2A limited number of birds may be exported under a nonresident license. _ This is a tribal law of the Chickasaw Nation. The Federal law, which applies to the whole Ter- Bios provides: ‘‘ Every person other than an Indian who hunts, traps, takes, or destroys any game, zacept for subsistence in the Indian country, shall forfeit all traps, guns, and ammunition in his pos- Session, and shall be liable in addition to a penalty of $500.”” (Rey, Stat, U, S., 1878, sec. 2137.) 62 DIGEST OF GAME LAWS FOR 1901. ne Export of game prohibited by State laws—Continued. States. Kinds of game—Penalties. MOWAT a Se ees foc aee Squirrel, quail, ruffed grouse, pinnated grouse, prairie chicken, pheasant, wild turkey, woodcock, wild duck, goose, brant (nonresident may take from ~ State not more than 25 game birds or animals killed by himself when earried — openly for inspection) —penalty, $10 for each bird and costs of prosecution. Karisas: 1899_ 2. =. 2-6 Quail, partridge, grouse, pinnated grouse, prairie chicken, pheasant, dove— 4 penalty, $5-$100, costs, and attorney’s fee of $10. A Maine;-1699- 2. =. 222. Deer, moose, and game birds (quail, ruffed grouse, pheasant, capercailzie or cock of the woods, black game, plover, woodcock, snipe, sandpiper, wood duck, dusky or black duck, teal, gray duck)—penalty, $40 and costs for each deer or moose, $5 for each bird. Maryland, 1898-1900: | Anne Arundel...) Quail, partridge, pheasant, woodcock—penalty, $5 for each bird. Garolinel. 3-3-2 Rabbit, quail, partridge, woodcock—penalty, $5 for each rabbit or bird. Frederick ...-.-.-.. Squirrel, partridge, pheasant, woodcock, taken in county—penalty, $50. Kent CMG <5. 2 oS =.= Quail, partridge, squirrel from county. Bledsoe, Camp- | Nonresidents prohibited from killing or carrying away any game. bell, Carter, Clai- borne, Clay, Cumberland. Fentress, John- son, Meigs, Mor- = gan, Pickett, Putnam, Rhea, Seott, Sequat- chie, Van Buren, White. Bradley, Dyer, Quail or partridge for profit from county. Hawkins. Carroll, Crockett, | Quail, partridge from county. Gibson, Grain- ger, Hamblen, Henderson, Madison, Obion. Carter, Greene, | Quail, partridge, woodcock, pheasant, wild turkey from State Hamilton, Haw- = Kins, Henry, Johnson, Ma- rion, Sullivan, Unicoi, Wash- ington. * lAny citizen of Washington permitted to take one day’s bag with him out of the State, 64 DIGEST OF GAME LAWS FOR _1901. ar Export of game prohibited by State laws—Continued. ; States. Kinds of game—Penalties. Tennessee, 1896-1899—| Continued. Grundy, Van Bu- Robertson, Sum- ner, Trousdale. Warren Utah, 1899 Vermont, 1896 Virginia, 1889-1900: Augusta Floyd Frederick Lee Rockingham Shenandoah...-.--- Washington, 18971 - West Virginia, 1599 .. Wisconsin, 1899-1901. Wvoming, 1899__..._- | | | British Columbia, 1898. INATNTEOD Ae hoe ee ek New Brunswick, 1899-1900.2 Deer, quail, partridge, wild turkey from county. Quail, partridge, woodcock, pheasant, wild turkey from county. Deer, quail, wild turkey, duck from county. Quail, partridge, grouse, pheasant from county. Wild turkey from county. Quail, partridge, pheasant, wild turkey, duck from county. Deer, antelope, quail or partridge, grouse, pinnated grouse or prairie chicken, Mongolian or English pheasant, wild turkey, plover, snipe, jacksnipe (does not apply to Mongolian or English pheasants shipped for breeding pur- poses)—penalty, $25-$200 for each shipment. Deer, elk, antelope, buffalo or bison, mountain sheep, partridge, prairie chicken, sage hen or grouse, pinnated grouse, pheasant, Mongolian, Chinese, or English pheasant, dove, snipe, duck, goose, brant, swan, or any intro- duced game animal or bird—penalty not less than $10. Deer, quail, ruffed grouse or partridge, pheasant, English partridge, plover, English snipe, woodcock, wild duck, wild goose (except that game birds may be shipped by nonresidents duri ing open season and 3 days thereafter, and 1 deer during open season and 10 days thereafter, if shipped in open view, een agged, and accompanied by owner)—penalty for deer, $100; for birds Deer, quail, ruffed grouse, wild turkey from State—penalty, $5-$20. Quail, ruffed grouse, wild turkey from county—penalty, $20-#100, or imprison- ment until fine and costs paid. Deer, quail, ruffed grouse, wild turkey, woodcock, willet, marsh hen, water fowl (except summer duck and sora) from county—penalty, $10 first offense, #20 thereafter. Quail from county—penalty, $10 or 30 days. Quail from county by nonresident (except when killed by himself and under license)—penalty, #10. Quail from county—penalty, $5-#20. Quail from State (except by nonresident sportsmen who do not shoot for mar- ket and who accompany shipment)—penalty not less than $50 for first offense, $100 thereafter. Deer, quail, ruffed grouse, wild turkey from State—penalty, $5-$20. Deer, quail, ruffed grouse, Japanese, Mongolian and ring-neck pheasants, wild turkey, woodecoeck, or any other game from county—penalty, $10 for first offense, #20 each subsequent offense. Deer, elk, 1100se, caribou, antelope, mountain sheep or goat, partridge, grouse, prairie chicken, sage hen, pheasant, ptarmigan, plover, rail, sand- hill crane, mallard duck, widgeon, teal, wood duck, spoonbill, gray or black duck, sprigtail, eanvasback duck (or other game duck), swan, or other game waterfowl, or any other game animal or bird of the State, including intro- duced pobwhite, California valley quail, mountain quail, and Old World pheasants—penalty, $10-#100 and costs. Deer, quail, pheasant, ruffed grouse, wild turkey—penalty, $20-#50 and im- prisonment, at discretion of court, not exceeding 10 days. Deer (except 2 under nonresident license Noy. 16-Dec. 6), squirrel, rabbit, quail, partridge, grouse, prairie chicken or prairie hen, pheasant, Mongolian, Chinese, or English pheasant, dove, plover, snipe, woodcock, wild duck, goose, brant, or other aquatic fowl, except 50 ina year under nonresident license (does not apply to shipment of live birds; in the case of duck, snipe, and plover, shipment only from Sept. 1-Dec.1)—penalty (maximum), $50-#200, or imprisonment 60 days-6 months, or both fine and imprisonment. Deer, elk, moose, antelope, mountain sheep, mountain goat, or horns or hides of any ‘of said animats (does not apply to mounted heads or stuffed speci- mens)—penalty, $100-$500 for each consignment. Deer, elk, moose, caribou, mountain sheep, mountain goat, quail, partridge (English), pheasant, grouse, prairie chicken, plover, duck (Lut heads, horns, and skins, and big game may be shipped under license)—penalty, "$100 or less, or 30 days or less, or both. Deer, elk, moose, caribou, antelope, quail, grouse, partridge, prairie chicken, pheasant, plover, snipe, sand piper, woodcock, dueck—penalty, $10-$100 and. costs. Deer, moose, caribou, partridge, woodcock, snipe, wood duck, dusky (black) duck, teal, goose, brant, or any portion thereof—penalty, 50-3100. Par- tridge—penalty, #25. lAny citizen of Oregon permitted to take one day’s bag with him out of State. *Surveyor-general may issue special license to export game alive or dead. GAME FOR PROPAGATION. 65 Export of game prohibited by State laws—Continued. States. Kinds of game—Penalties. Newfoundland, 1899!) Caribou (carcass or skin—except under license), willow or other grouse for sale—penalty, $500 for caribou, #5 per bird for grouse. (Vessel receiving cari- bou for transportation may be seized and sold to satisfy fine. ) Northwest Territo- | Elk, moose, caribou, antelope (or the young of any of these animals), grouse, ries, 1899. partridge, prairie chicken, pheasant—penalty, not exceeding $50 and costs, or imprisonment not exceeding 2 months. Ontario, 1900......... Deer, elk, moose, caribou, or head, skin, or other part thereof—penalty, $20-#50. 1 Minister of Marine and Fisheries may authorize export for breeding and other purposes. Besides the various Canadian nonexport laws included in the above table Canada has a general law prohibiting export of deer, wild turkeys, quail, partridge, prairie fowl and woodcock, but making exception in the case of deer raised on private preserves and permitting nonresident sportsmen to export two deer each in a calendar year at certain ports within fifteen days after the close of the open season. The ports of export are Halifax and Yarmouth, Nova Scotia; Macadam Junction, New Brunswick; Quebec, Montreal, and Ottawa, Quebec; Kingston, Niagara Falls, Fort Erie, Windsor, Sault Ste. Marie, and Port Arthur, Ontario; and such others as the Minister of Customs may from time to time designate. (See pp. 137-138. ) GAME FOR PROPAGATION. The subject of transportation of game for breeding purposes is | one that has received too little attention at the hands of lawmakers. In some States the prohibition against export is so broad as to include not only dead game, but also live animals and birds intended for prop-_ agation. Legislation aimed directly at the sale of live game for such purposes is found in at least one State, Montana, which declares that any person who shall willfully catch, trap, or otherwise restrain for the purpose of sale, or domestication, or any other purpose, any buffalo, elk, moose, or mountain sheep shall be guilty of a misdemeanor. Maine has recently inaugurated a departure in requiring every person who imports any game to first secure a permit from the commission of inland fisheries and game, under penalty of a fine of $50 to $500. Delaware, Nevada, North Carolina, and Tennessee have stringent laws prohibiting the export of quail, dead or alive, out of the State. One of the objects of the Lacey Act is ‘‘to aid in the restoration of such [game] birds in those parts of the United States adapted thereto where the same have become scarce or extinct,” and to that end the Secretary of Agriculture is authorized *‘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.” Laws prohibiting the export of live birds from the State tend to interfere seriously with the accomplishment of this purpose. It would seem that a free inter- change of game birds for restocking depleted covers should be a matter of mutual interest to all States that desire to restore the former abun- dance of game. 5037—No. 16—01——6 66 DIGEST OF GAME LAWS FOR 1901. re Canadian laws are less restrictive. The Dominion places no restric- | tion on the exportation of live game, and several of the Provinces — authorize the proper authorities to issue licenses for shipment of game intended for breeding purposes. A few States have adopted this principle, and some others make exceptions in nonexport laws, or permit the possession at any time of game intended for he a These exceptions are shown in the following list: EXCEPTIONS TO NONEXPORT AND OTHER LAWS IN FAVOR OF GAME FOR PROPAGATION. Arizona.—Possession of game birds for propagation permitted during close season. Fish and game commissioners authorized to take eggs.of game birds for hatching. (Acts of 1901, No. 57, secs. 2, 18.) California.—Exception in case of deer and game birds for propagation, provided that a permit in writing be obtained beforehand from the State board of fish com- missioners. (Penal Code, as amended 1901, secs. 6261, 627a, p. 821.) Colorado.—Game commissioner may grant permits to proprietors of parks for exchange of game with other persons within or without the State. Game for propagation may be imported from any other State or Territory, and the commissioner shall issue certificate therefor without charge. The commissioner may, upon being satisfied that the possession or transportation of game is not in violation of the spirit of the law, grant a permit therefor. (Laws of 1899, ch. 98, pp. 196, 204, 207. ) Jilinois.—Lawtul to export any squirrels or game birds captured within the State, under a license from the State of Illinois. (Laws of 1899, p. 224, sec. 2.) Indiana.—Exception in case of deer, wild turkeys, or imported pheasants in pos- session for breeding purposes. (Laws of 1901, p. 444, sec. 7.) Maryland.—Exceptions in the local laws of Cecil and Harford counties in case of game for propagation. (Acts of 1896, ch. 237; acts of 1894, ch. 139.) Michigan.—State game and fish warden authorized to issue permits to capture any game animals or birds for propagation if not for sale; also to issue permits to trustees or custodians of public parks to export animals intended for free exhibition or for exchange with other public parks. (Pub. Acts of 1901, H. B. No. 104, sees. 21-22.) Nevada.—Exception in case of residents taking big game and game birds for prop- agation or domestication under written permit from governor. (Stats. of 1901, Ch. CX, sec. 15.) New Jersey.—Exception in case of bringing into the State any animals or birds for propagation or keeping the same until a seasonable time for their release. (Laws of 1901, ch. 120, sec. 15.) New York.—Elk, moose, caribou, and antelope may be brought into the State and kept in possession for breeding purposes. (Laws of 1901, ch. 147.) Oklahoma.—Exception in case of fine birds or animals captured for domestic or scientific purposes, provided that not more than one pair of such birds or animals may be shipped at one time. (Laws of 1899, p. 167, sec. 11.) . Oregon.—Exception in case of game for propagation, provided written permit first be obtained from State game and forestry warden. (Gen. Laws of 1901, p. 226, sec. 23; p- 233, sec. 42.) Texas.—Exception in case of live Mongolian or English pheasants shipped for sci- | entific or breeding purposes. (Gen. Laws of 1897, ch. 149, sec. 7.) “< GA; a Se. a eee se a fatiner mr ‘ 4 ee a eae aes BS Ne ag See os ct. ob Ge aes , : - ; a GAME FOR PROPAGATION. 67 a 3 ¢ . ~ w\ 7 1 .—Exception in case of quail taken for propagation, in Kane and Washing- ton counties. (Laws of 1899, ch. 26, sec. 26.) Wisconsin. —Exception in case of live birds. (Wis. Stat., 1898, Vol. I, sec. 1498m. ) ei Wyoming.—Lawtul to sell any colin or quail for the purpose of breeding, or for any person to take alive on his own premises at any time any big game for domesti- cation or for scientific or breeding purposes. (Rey. Stats., 1899, sec. 2117.) _ _Manitoba.—Exception in case of big game, grouse, prairie chickens, and pheas- _ ants, provided special permit be obtained from the minister of agriculture and immi- gration, and not more than two animals or birds be shipped at one time. (Stats. of 1900, ch. 14, sec. 17.) New Brunswick.—Lawful to export live game under license from surveyor-general. Newfoundland.—Exception in case of caribou, willow or other grouse, and_par- _ tridge under authorization by minister of marine and fisheries, for sale to or exchange with game societies or institutions in other countries. (Acts of 1899, cap. 18, sec. 21; cap. 27, sec. 4.) | Northwest Territories.—Young deer, elk, moose, caribou, antelope, sheep, and goats _may be taken alive and domesticated, but.only deer, sheep, and goats can be law- _ fully exported from the Territory. (Con. Ordinances, 1898, ch. 85, secs. 2, 13.) Bt Pest kACTS -OF LAWS WITH SPECIAL REFERENCE TO SHIPMENT AND SALE. FEDERAL LAWS. Federal game laws consist of statutes regulating interstate commerce in game, the importation of game from foreign countries, and pro-. visions for the protection of game on territory under the jurisdiction » of the United States. They comprise (1) the Lacey Act, regulating the importation of game and its shipment from one State to another; (2) - tariff regulations governing animals and birds imported from abroad; (3) game laws of the District of Columbia, Alaska, and the Indian _ Territory; (4) provisions for protecting game in the national parks,’ _ forest reserves, and other Government reservations. These acts of Congress are supplemented by regulations issued by the Secretaries of the Treasury, War, Interior, and Agriculture, relating chiefly to the protection of Government reservations and the details of importing foreign animals and birds.” The territory protected by Federal statutes comprises more than 20 percent of the total area of thé United States, and, besides the District of Columbia, the Indian Territory, and Alaska, is made up of reserva- tions and parks ranging in size from a few acres to the great areas covered by the Indian reservations in Montana and South Dakota, which occupy a large part of those States. This vast.domain is very - unevenly protected. The District of Columbia, with an area of about 70 square miles, has a fairly complete and satisfactory game law, and, with the exception of Alexandria County, Va., is the smallest area in 1 The national parks, now 12 in number, have all been established during the last thirty years. They may be grouped as follows: Five parks proper—Yellowstone, Wyo., 1872, 2,142,720 acres; Yosemite, Cal., 1890, 967,680 acres; Sequoia, Cal., 1890, 160,000 acres; General Grant, Cal., 1890, 2,560 acres; Mount Rainier, Wash., 1899, 207,360 acres: five military parks—Chickamauga, Ga., 1890, 6,195 acres; Shiloh, Tenn., 1894, 3,000 acres; Vicksburg, Miss., 1899, 1,233 acres; Gettysburg, Pa., 1895, 877 acres; Antietam, Md., 1890, 43 acres: the Hot Springs Reserve, Ark., 1880, 912 acres, and the Casa Grande Ruins, Ariz., 1892; part of 480 acres. The first five only are of special interest from the standpoint of game protection. * The regulations of the Department of Agriculture may be found in Circular 29 of the Biological Survey, entitled ‘Protection and importation of birds under act of Congress approved May 25, 1900,’ and Circular 30, entitled ‘ Wild animals and ce which may be imported without permits.’ 69 70 DIGEST OF GAME LAWS FOR 1901. the United States protected by a special game statute. The Yellow- stone National Park, with an area of 3,578 square miles, has also a comprehensive law, passed in 1894; and, like the Sequoia, Yosemite, and General Grant parks, in California, is guarded by United States troops. The Indian Territory, 31,400 square miles in extent, almost as large as the State of Maine, and one of the best regions in the South- west for small game, is protected only by a provision prohibiting persons other than Indians from destroying game, except for food, in the Indian country.’ The forest reserves, aggregating 46,766,529 acres, or about 73,000 square miles, an area nearly equal to that of New England and New York combined, are subject to regulations of the Secretary of the Interior, who is authorized by Congress to ‘‘ make provisions for protection against destruction by fire and depredations upon public forests and forest reservations.” There is further pro- tection, however, in the provision of Congress that offenses concerning - which the Federal laws are silent, when committed on Government reservations, shall receive the same punishment as that prescribed for like offenses by the laws of the State in which such reservations are situated. The great Territory of Alaska, embracing 570,000 square miles (more than twice the total area of Texas) is at present practically without protection, having but the nucleus of a game law in a pro- vision prohibiting the export of eggs of cranes, ducks, and geese. As arule Federal laws are less subject to change than State laws. The game law of the District of Columbia passed in 1878, remained in force for twenty-one years; that of the Indian Territory enacted nearly seventy years ago (in 1832) is still on the statute books, and is now the oldest game law in force in the United States. These laws are scattered through the Revised Statutes and the Statutes at Large, often in very obscure places, and are easily overlooked. For example, the prohibition against importing eggs of game birds is contained in the free list of the tariff act of 1897; that conferring authority on the Secretary of the Interior to make regulations for the forest reserves, in the sundry civil bill for 1897, and that providing for the enforce- ment of State laws by Federal authority on Government reservations, In an act to protect harbor defenses, passed in 1898. In the absence of any complete compilation of the Federal provisions concerning game, it has been deemed advisable to bring them together in the present publication for greater convenience of reference. * Such tribal laws as exist are not enforced by the United States courts. THE LACEY AOT. fi THE LACEY ACT. 31 Statutes at Large, pp. 187-189. | CHAP. 553. An Act to enlarge the powers of the Department of Agriculture, prohibit the transportation 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. ay 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 regulations for carrying out the purposes of this Act, and shall expend for said pur- poses 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 collections, 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 Secretary of the Treasury is hereby authorized to make regulations for carrying into effect the provisions of this section.’ Src. 3. That it shall be unlawful for any person or persons to deliver to any com- mon 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 Territory, or from any State or Territory to the District of Columbia or Alaska, any foreign 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 1On September 13, 1900, the Secretary of Agriculture (Circular No. 30, Biol. Surv. ) extended the list of species which may be imported without permits as follows: Mammals.—Anteaters, armadillos, bears, chimpanzees, elephants, hippopotamuses, hyenas, jaguars, kangaroos, leopards, lions, lynxes, manatees, monkeys, ocelots, orang-utans, panthers, raccoons, rhinoceroses, sea-lions, seals, sloths, tapirs, tigers, or wildcats. Birds.—Swans, wild doves, or wild pigeons of any kind. Reptiles.—Alligators, lizards, snakes, tortoises, or other reptiles. 2See Circular No. 101, Division of Customs, issued June 28, 1900; for regulations of the Department of Agriculture see Circular No. 29, Biological Survey, issued July 13, 1900. 12 DIGEST OF GAME LAWS FOR 1901. of any dead birds or animals killed during the season when the same may be lawtully captured, and the export of which is not prohibited by law in the State, Territory, or District in which the same are killed. Src. 4. That all packages containing such dead animals, birds, or parts thereof, ’ when shipped by interstate commerce, as provided in section one 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 conyic- tion, pay a fine of not exceeding two hundred dollars; and the consignee knowingly receiving such articles so shipped and transported in violation of this Act shall, upon conviction, pay a fine of not exceeding two hundred dollars; and the carrier know- ingly carrying or transporting the same shall, upon conviction, pay a fine of not exceeding two hundred dollars. Src. 5. That all dead bodies, or parts thereof, of any foreign game animals, or game 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 and 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 pre- vent the importation, transportation, or sale of birds or bird plumage manufactured from the feathers of barnyard fowl. Approved, May 25, 1900. TARIFF ACT OF 1897. 30 Statutes at Large, pp. 151-201. CHAP. 11. An Act To provide revenue for the Government and to encourage the industries of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That on and after the passage of this Act, unless otherwise specially provided for in this Act, there shall be levied, collected, and paid upon all articles imported from foreign countries, and mentioned in the schedules herein contained, the rates of duty which are, by the schedules and paragraphs, respectively prescribed, namely: % * x * * a * SCHEDULE G: AGRICULTURAL PRODUCTS AND PROVISIONS. Animals, live. 222. All other live animals [i. e. beside cattle, swine, horses, mules and sheep], not specially provided for in this Act, twenty per centum ad valorem. Meat products. 275. Meats of all kinds, prepared or preserved, not specially provided for in this Act, twenty-five per centum ad valorem. FREE LIST. Sec. 2. That on and after the passage of this Act, unless otherwise specially pro- vided for in this Act, the following articles when imported shall be exempt from duty: . 474, * * * wild animals intended for exhibition in zoological collections for scien- tific and educational purposes, and not for sale or profit. DISTRICT OF COLUMBIA. 7 ho . _ 493. Birds, stuffed, not suitable for millinery ornaments. 494. Birds and land and water fowls. 549. Eggs of birds, fish, and insects: Provided, however, That this shall not be held to include the eggs of game birds or eggs of birds not used for food, the importation of which is prohibited except specimens for scientific collections, nor fish roe pre- served for food purposes. 561. Furs, undressed. 562. Fur skins of all kinds not dressed in any manner and not specially provided for in this Act. 664. Skins of all kinds, raw (except sheepskins with the wool on), and hides not specially provided for in this Act. 666. Specimens of natural history, botany, and mineralogy, when imported for scien- tifie public collections, and not for sale. Approved July 24, 1897. DISTRICT OCF COLUMBIA. 30 Statutes at Large, pp. 1012-1013 (as amended by 31 Stat. L., 1091). CHAP. 417. An Act For the protection of birds, preservation of game, and for the prevention of its sale during certain closed seasons in the District of Columbia. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, [Sec. 1 as amended] That no person shall kill, expose for sale, or have in his or her possession, either dead or alive, any partridge, otherwise quail, between the fifteenth day of March and the first day of November, under a penalty of five dollars for each partridge, otherwise quail, killed, exposed for sale, or had in his or her possession, either dead or alive, and in default thereof to be imprisoned in the workhouse for a period not less than thirty days nor more than six months. That no person shall kill, expose for sale, or have in his or her possession, either dead or alive, any woodcock between the first day of January and the first day of July, under a penalty of five dollars for each woodcock killed, exposed for sale, or - had in his or her possession, either dead or alive, and in default thereof to be impris- oned in the workhouse for a period not less than thirty days nor-more than six months. That no person shall expose for sale or have in his or her possession, either dead or alive, any prairie chicken, otherwise pinnated grouse, between the fifteenth day of March and the first day of September, under a penalty of five dollars for each prairie chicken, otherwise pinnated grouse, exposed for sale, or had in his or her possession, either dead or alive, and in default thereof to be imprisoned in the work- house for a period not less than thirty days nor more than six months. That no person shall kill, expose for sale, or have in his or her possession, either dead_or alive, any wild turkey or ruffed grouse, otherwise known as pheasant, between the twenty-sixth day of December and the first day of November, except the English, ring-neck, or other pheasants of foreign origin hatched and raised in farm poultry inclosures, under a penalty of five dollars for each wild turkey or ruffed grouse, other- wise known as pheasant, killed, exposed for sale, or had in his or her possession, either dead or alive, and in default thereof to be imprisoned in the workhouse for a period not less than thirty days nor more than six months. That no person shall kill, expose for sale, or have in his or her possession, either dead or alive, any squirrel or rabbit except the species known as the English rabbit, _ Belgian hare, between the first day of February and the first day of November, under a penalty of two dollars for each squirrel or rabbit killed, exposed for sale, or had in his or her possession, either dead or alive, and in default thereof to be imprisoned in the workhouse for a period not less than fifteen days nor more than three months. 74 DIGEST OF GAME LAWS FOR 1901. That no person shall kill, expose for sale, or have in his or her possession, either dead or alive, any wild duck, wild goose, brant, snipe, or plover between the first day of April and the first day of September, under a penalty of five dollars for each wild duck, wild goose, brant, snipe, or plover killed, exposed for sale, or had in his or her possession, either dead or alive, and in default thereof to be imprisoned in the workhouse for a period not less than thirty days nor more than six months. That no person shall kill, expose for sale, or have in his or her possession, either dead or alive, any water rail or ortolan, reed bird or rice bird, marsh blackbird, or other game bird not previously mentioned, between the first day of February and the first day of September, under a penalty of two dollars for each water rail or orto- lan, reed bird or rice bird, marsh blackbird, or other game bird not previously men- tioned, killed, exposed for sale, or had in his or her possession, either dead or alive, and in default thereof to be imprisoned in the workhouse for a period not less than fifteen days nor more than six months. Sec. 2. That no person shall expose for sale or have in his or her possession any deer meat or venison, between the first day of January and the first day of Septem- ber, under a penalty of ten dollars for such exposure for sale or having in possession, and the forfeiture of all such deer meat or venison to the officer making the arrest, who shall destroy the same; and, in default of fine, to be imprisoned in the work- house for a period not exceeding sixty days. Src. 3. [as amended] That for the purposes of this Act the following only shall be considered game birds: The Anatidz, commonly known as swans, geese, brant, river and sea ducks; the Rallidze, commonly known as rails, coots, mud hens, and galli- nules; the Limicolee, commonly known as shore birds, plovers, surf birds, snipe, woodcock, sandpipers, tattlers, and curlews; the Galline, commonly known as wild turkeys, grouse, prairie chickens, pheasants, partridges, and quails, and the species of Icteridze, commonly known as marsh blackbirds and reed birds or rice birds. That no person shall kill, catch, expose for sale, or have in his or her possession, living or dead, any wild bird other thana game bird, English sparrow, crow, Cooper’s hawk, sharpshinned hawk, or great horned owl; nor rob the nest of any such wild bird of eggs or young; nor destroy such nest except in the clearing of land of trees or brush, under a penalty of five dollars for every such bird killed, caught, exposed for sale, or had in his or her possession, either dead or alive, and for each nest destroyed, and in default thereof to be imprisoned in the workhouse for a period not xceeding thirty days: Provided, That this section shall not apply to birds or eggs collected for scientific purposes under permits issued by the superintendent of police of the District of Columbia in accordance with such instructions as the secretary of the Smithsonian Institution may prescribe, such permits to be in force for one year from date of issue and nontransferable. That no person shall trap, net, or ensnare any waterfowl or other wild bird (except the English sparrow), or havein his or her possession any trap, snare, net, or illuminat- ing device for the purpose of killing or capturing any such bird, under a penalty of five dollars for each waterfowl or other wild bird (except the English sparrow) killed or captured, and in default thereof to be imprisoned in the workhouse not exceeding thirty days: Provided, That this Act shall not apply to birds or animals heretofore. stuffed or to birds or animals hereafter killed in open season and subsequently stuffed. Sec. 4. That no person shall kill or shoot at any wild duck, wild goose, brant, or wild bird in the nighttime; nor kill or shoot at any wild duck, wild goose, wild brant, or wild bird with any other firearm, gun, or device than such as are habitually raised at arm’s length and fired from the shoulder, under a penalty of five dollars for each wild duck, wild goose, wild brant, or wild bird killed, and in default thereof ~ to be imprisoned in the workhouse for a period not exceeding thirty days; and the further penalty of twenty dollars for having any firearm, gun, or device other than the gun habitually used at arm’s length, in possession, for the purpose of violat- DISTRICT OF COLUMBIA——ALASKA. 15 ing the provisions of this chapter, and, in default, to be imprisoned i in the workhouse for a period not exceeding ninety days. Sec. 5 That to carry out the provisions of this chapter any police officer, game warden having police authority, or health officer, in the District of Columbia, with ~ sworn information presented to such officer or warden, is authorized and empowered to thoroughly inspect any house, boat, market box, stall, cold storage, or other place of whatever character or kind, where he may believe game, meats, or birds, as here- tofore mentioned in this chapter, may be stored or kept; and any proprietor, agent, employee, or other person refusing to permit such inspection shall be deemed guilty of interference with the police, and upon conviction therefor, be fined not more than one hundred dollars nor less than twenty-five dollars, and, in default of such pay- ment, to be imprisoned in the United States jail not exceeding six months. Sec. 6. That any person who shall knowingly trespass on the lands of another for the purpose of shooting or hunting thereon, after due notice by the owner or occu- pant of lands, shall be lable to such owner or occupant in exemplary damages to an amount not exceeding one hundred dollars. That notice shall be given by erecting and maintaining signboards, at least eight by twelve inches in dimensions, on the borders of the premises, and at least two such signs for every fifty acres; and any person who shall maliciously tear down or in any manner deface or injure any of such signboards shall be liable to a penalty of not less than five dollars for each and every signboard so torn down, defaced, or injured; and, in default, to be imprisoned for a period not exceeding thirty days in the workhouse. Src. 7. That there shall be no shooting, or having in possession in the open air the implements for shooting, on the first day of the week, called Sunday, except to trans- port said implements within or without the District of Columbia; and any person violating the provisions of this section shall be liable to a penalty of not more than twenty dollars for each offense. Src. 8. That wherever in this Act possession of any birds, fowls, or meats is pro- hibited, the fact that the said birds, fowls, or meat were killed or captured outside the District of Columbia shall constitute no defense for such possession. Src. 9. That any officer or other person securing the conviction of any violator of any of the provisions of this Act, in the police court or other. court of the District of Columbia, shall receive one-half of any fine which may be imposed and paid for such violation, and prosecution shall be brought in the name of the District of Columbia. Sec. 10. That all acts now in force in the District of Columbia inconsistent with the provisions of this Act be, and the same are hereby, repealed. Approved, March 3, 1899 (amended March 3, 1901). ALASKA. 31 Statutes at Large, p. 3382. CHAP. 786. An Act Making further provision for a civil government for Alaska, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * * * * * * * Sec. 29. * * * That chapter twelve of title one of said first above-mentioned Act [‘An Act to define and punish crimes in the District of Alaska and provide a code of criminal procedure in the District,’ approved March 3, 1899] be amended ~ by adding after section one hundred and thirty-eight another section to be numbered one hundred and thirty-nine, and to read as follows: That no person shall break, take from the nest, or have in possession the eggs of any crane, wild duck, brant, or goose; nor shall any person transport or ship out of 76 DIGEST OF GAME LAWS FOR 1901. said Territory the eggs or the contents of the eggs of any crane, wild duck, brant, or goose, nor shall any person, common carrier or other transportation comy any carry or receive for shipment such eggs or the contents of said eggs, and any person or company who shall have in possession or receive for shipment or transportation any eggs or the contents of any eggs of the crane, wild duck, brant, or goose shall be guilty of a misdemeanor and upon conviction be punished as provided in this sec- tion. Any person or company violating the provisions of this section shall be pun- ished by a fine not exceeding five hundred dollars or imprisonment not exceeding six months. Approved June 6, 1900. INDIAN TERRITORY. Revised Statutes U. S., 1878. Src. 2187. Every person, other than an Indian, who, within the limits of any tribe with whom the United States has existing treaties, hunts, or traps, or takes and destroys any peltries or game, except for subsistence in the Indian country, shall forfeit all the traps, guns, and ammunition in his possession, used or pro- cured to be used for that purpose, and all peltries so taken; and shall be liable in addition to a penalty of five hundred dollars. MOUNT RAINIER NATIONAL PARK. 380 Statutes at Large, pp. 993-995. CHAP. 377. An Act To set aside a portion of certain lands in the State of Washi ton, now known as the Pacific Forest Reserve, as a public park, to be known as the Mount Rainier National Park. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all those certain tracts, pieces, or parcels of land lying and being in the State of Washington, and within the boundaries particularly described as follows! * * * are hereby dedicated and set apart as a public park, to be known and designated as the Mount Rainier National Park, for the benefit and enjoyment of the people; and all persons who shall locate or settle upon or occupy the same, or any part thereof, except as hereafter provided, shall be considered trespassers and be removed therefrom. Sec. 2. That said public park shall be under the exclusive control of the Secretary of the Interior, whose duty it shall be to make and publish, as soon as practicable, such rules and regulations as he may deem necessary or proper for the care and management of the same. Such regulations shall provide for the preservation from injury or spoliation of all timber, mineral deposits, natural curiosities, or wonders within said park, and their retention in their natural condition. * * * Heshall also provide against the wanton destruction of the fish and game found within said park, and against their capture or destruction for the purposes of merchandise or profit. He shall also cause all persons trespassing upon the same after the passage of this Act to be removed therefrom, and generally shall be authorized to take all such measures as shall be necessary to fully carry out the objects and purposes of this Act. Approved March 2, 1899. 'The area of the park is 207,360 acres, or 324 square miles; in other words, about one-fourth the size of Rhode Island. YELLOWSTONE NATIONAL PARK. td SEQUOIA, YOSEMITE, AND GENERAL GRANT NATIONAL PARKS. 81 Statutes at Large, p. 618. CHAP. 791. An Act Making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and one, 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 Secretary of War, upon the request of the Secretary of the Interior, is hereafter authorized and directed to make the necessary detail of troops to prevent trespassers or intruders from entering the Sequoia National Park, the Yosemite National Park, and the General Grant National Park, respectively, in California, for the purpose of destroying the game or objects of curiosity therein, or for any other purpose prohib- | ited by law or regulation for the government of said reservations, and to remove such persons from said parks if found therein. Approved June 6, 1900. YELLOWSTONE NATIONAL PARK.’ 28 Statutes at Large, pp. 73-75. CHAP. 72. An Act To protect the birds and animals in Yellowstone National Park, and to punish crimes in said park, and for other purposes. Beit enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Yellowstone National Park, as its boundaries now are defined, or as they may be hereafter defined or extended, shall be under the sole and exclusive jurisdiction of the United States; and that all the laws applicable to places under the sole and exclusive jurisdiction of the United States shall have force and effect in said park: Provided, however That nothing in this Act shall be construed to forbid the service in the park of any civil or criminal process of any court having jurisdiction in the States of Idaho, Montana, and Wyoming. All fugitives from justice taking refuge in said park shall be subject to the same laws as refugees from justice found in the State of Wyoming. Sec. 2. That said park, for all the purposes of this Act, shall constitute a part of the United States judicial district of Wyoming, and the district and circuit courts of the United States in and for said district shall have jurisdiction of all offenses com- mitted within said park. Sec. 3. That if any offense shall be committed in said Yellowstone National Park, which offense is not prohibited or the punishment is not specially provided for by any law of the United States or by any regulation of the Secretory of the Interior, the offender shall be subject to the same punishment as the laws of the State of Wyoming in force at the time of the commission of the offense may provide fora like offense in the said State; and no subsequent repeal of any such law of the State of Wyoming shall affect any prosecution for said offense committed within said park. Sec. 4. That all hunting, or the killing, wounding, or capturing at any time of any bird or wild animal, except dangerous animals, when it is necessary to prevent them from destroying human life or inflicting an injury, is prohibited within the limits of said park; nor shall any fish be taken out of the waters of the park by means of seines, nets, traps, or by the use of drugs or any explosive substances or ‘For an interesting history of this act see ‘Hunting in Many Lands’ (Boone & Crockett Club series), New York, pp. 403-423, 1895. oer DIGEST OF GAME LAWS FOR 1901. compounds, or in any other way than by hook and line, and then only at such seasons and in such times and manner as may be directed by the Secretary of the Interior. That the Secretary of the Interior shall make and publish such rules and regulations — as he may deem necessary and proper for the management and care of the park and for the protection of the property therein, especially for the preservation from injury or spoliation of-all timber, mineral deposits, natural curiosities, or wonderful objects within said park; and for the protection of the animals and birds in the park, from capture or destruction, or to prevent their being frightened or driven from the park; and he shall make rules and regulations governing the taking of fish from the streams or lakes in the park. Possession within the said park of the dead bodies, or any part thereof, of any wild bird or animal shall be prima facie evidence that the person or persons having the same are guilty of violating this Act. Any person or persons, or stage or express company or railway company, receiving for transportation any of the said animals, birds, or fish so killed, taken, or caught shall be deemed guilty of a misdemeanor, and shall be fined for every such offense not exceeding three hundred dollars. Any person found guilty of violating any of the provisions of this Act or any rule or regulation that may be promulgated by the Secretary of the Interior with reference to the management and care of the park, or for the protec- tion of the property therein, for the preservation from injury or spoliation of timber, mineral deposits, natural curiosities or wonderful objects within said park, or for the protection of the animals, birds and fish in the said park, shall be deemed guilty of a misdemeanor, and shall be subjected to a fine of not more than one thousand dol- lars or imprisonment not exceeding two years, or both, and be adjudged to pay all costs of the proceedings. That all guns, traps, teams, horses, or means of transportation of every nature or description used by any person or persons within said park limits when engaged in killing, trapping, ensnaring, or capturing such wild beasts, birds, or wild animals shall be forfeited to the United States, and may be seized by the officers in said park and held pending the prosecution of any person or persons arrested under charge of violating the provisions of this Act, and upon conviction under this Act of such per- son or persons using said guns, traps, teams, horses, or other means of transportation such forfeiture shall be adjudicated as a penalty in addition to the other punishment provided in this Act. Such forfeited property shall be disposed of and accounted for by and under the authority of the Secretary of the Interior. [Srec. 5. Provides for appointment of a United States commissioner who shall reside in the park. ] 3 [Sec. 6. Provides for appointment of deputy marshals for the park and for holding sessions of the United States district and circuit courts in the park. ] [Sec. 7. Provides for payment of salary of $1,000 per annum and fees to the com- missioner and of fees to the United States attorney, marshal, and their assistants. ] [Src. 8. Provides that costs and expenses of cases under this act shall be certified, approved, and paid as in courts of the United States. ] [Sec. 9. Authorizes the Secretary of the Interior to erect a suitable building in the park at a cost not exceeding $5,000, for jail, and also for office of the commissioner. ]_ Sec. 10. That this Act shall not be construed to repeal existing laws conferring upon the Secretary of the Interior and the Secretary of War certain powers with reference to the protection, improvement, and control of the saiu Yellowstone National Park. = Approved May 7, 1894. FOREST RESERVES. | 79 FOREST RESERVES. 30 Statutes at Large, p. 35. Cuap. 2. An Act Making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-eight, and for other purposes. Be it enacted by the Senate and Hovse of Representatives of the United States of America in Congress assembled, That * % % * * % a The Secretary of the Interior shall make provisions for the protection against destruction by fire and depredations upon the public forests and forest reservations which may have been set aside or which may be hereafter set aside under the said Act of March third, eighteen hundred and ninety-one, and which may be continued; and he may make such rules and regulations and establish such service as will-insure the objects of such reservations, namely, to regulate their occupancy and use and to preserve the forests thereon from destruction; and any violation of the provisions of this Act or such rules and regulations shall be punished as is provided for in the Act of June fourth, eighteen hundred and eighty-eight, amending section fifty-three hundred and eighty-eight of the Revised Statutes of the United States. [Penalty for unlawful cutting or destroying of timber, a fine of not more than $500 or impris- onment more than 12 months, or both fine and imprisonment 1 in the discretion of the court. ] Approved June 4, 1897. GOVERNMENT RESERVATIONS NOT OTHERWISE PROVIDED FOR. 30 Statutes at Large, p. 717. CHAP. 576. An Act To protect the harbor defenses and fortifications constructed or used by the United States from malicious injury, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, ; * * * * * * * Sec. 2. That when any offense is committed in any place, jurisdiction over which _ has been retained by the United States or ceded to it by a State, or which has been purchased with the consent of a State for the erection of a fort, magazine, arsenal, dockyard, or other needful building or structure, the punishment for which offense is not provided for by any law of the United States, the person committing such offense shall, upon conviction in a circuit or district court of the United States for the district in which the offense was committed, be hable to and receive the same punishment as the laws of the State in which such place is situated now provide for the like offense when committed within the jurisdiction of such State, and the said courts are hereby vested with jurisdiction for such purpose; and no subsequent repeal of any such State law shall affect any a prosecution. Approved July 7, 1898. STATE LAWS. The following digest of the laws of the various States relates chiefly to the transportation and sale of game. Sections which contain pro- hibitions against transportation and sale merely during close seasons are omitted, since they are so common that their repetition seems unnecessary. Hence no extracts will be found from the laws of Kentucky, or Louisiana, and the only section quoted from the laws of Mississippi is one defining game. Definitions of game are quoted also from the statutes of other States which contain such definitions, and a few other sections have been inserted when necessary for the sake of clearness; but as far as possible the extracts have been restricted to those treating of the trade in game. Asa rule the statutes are quoted verbatim, but in some cases abstracts only are given, which are placed in brackets. ALABAMA. General Laws of 1899, pp. 77-83. Sale: Sec. 5. * * * Itshall be unlawful at any period or season of the year to kill, entrap, or pursue with intent to kill or entrap any deer, fawn, wild turkey, pheasant, grouse, quail, partridge, woodcock or squirrel, in any part of this State, for the purpose of selling the same. It shall be unlawful for the proprietor, manager, clerk or agent of any market, or other person, firm or corporation, to purchase, sell or expose for sale, any deer, fawn, wild turkey, pheasant, grouse, quail, partridge, woodcock or squirrel, killed or entrapped within this State. That it shall be unlaw- ful for the proprietor, manager, clerk or agent of any market, or other person, firm or corporation, to purchase for the purpose of again selling the same, any deer, fawn, wild turkey, pheasant, grouse, quail, partridge or woodcock killed or entrapped within this State. Whosoever shall offend against any of the provisions of this sec- tion, shall, on conviction, be fined not less than one hundred dollars for every deer, fawn, so taken, purchased or sold, and twenty-five dollars for every wild turkey, pheasant, grouse, quail, partridge or woodcock so taken, purchased or ‘sold, or by sentence to imprisonment in the county jail for a period of one day for each dollar of penalty imposed. Shipment: Sec. 6. * * * That no person or persons, company or corporation, or the agent or employee thereof, shall at any time, catch, take or kill, or have in his, her or its possession or under his, her or its control, any of the birds or game mammals of this State, the killing of which at any or all times is prohibited by the laws of this State, with intent to ship or remove the same beyond the limits of this State, or with intent to aid in the shipment or removal thereof out of this State; and it shall not be lawful for any person or persons, railroad company, express company, stage driver, or any company or corporation, or person or persons, acting in the capacity of a common carrier, their officers or employees, to knowingly receive for transportation or transport or remove beyond the limits of the State, any of the game birds or game mammals mentioned in this act. [Penalty, $50-$100 for each offense. ] 80 ALABAMA—ARIZONA. 81 Counties exceptea: Suc. 14. * * * Provided, the provisions of this act shall not apply to the counties 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, De Kalb, 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. [No general provisions concerning transportation or sale. For prohibition against shipment of eggs of certain gare birds see pp. 75-76. ] ARIZONA. Acts of 1901, No. 57. Propagation: Src. 2. Every person who, in the Territory of Arizona, between the 1st day of March and the 15th day of October in each year, shall hunt, pursue, take, kill or destroy, or have in his possession, dead or alive, except for purposes of propagation, any quail, bob-white, partridge, grouse, pheasant or any kind of wild duck, goose, brant, snipe or rail, shall be guilty of a misdemeanor. Shipment: Sec. 15. Any officer, agent, servant or employee of any railroad com- pany, express company, or other common carrier, or private individual, who shall have or receive for transportation, or who shall transport, or assist in transporting, any of the game animals, or game birds,! or fish mentioned in this Act, at or during the time when the killing or taking of the same is prohibited, or for transportation or carriage outside the limits of this Territory at any time, shall be guilty of a misdemeanor. Sale: Src. 17. Every cold storage company, or person tea ioe a cold storage ware- house, or tavern or hotel keeper, restaurant or eating house keeper, market man, or any other person who shall at any time sell, or expose for sale in this Territory, any hide, head, horns, or meat of any male or female deer, antelope, elk, mountain sheep or mountain goat, or any carcass of any wild turkey, dove, quail, bob-white, partridge, pheasant or grouse, or of any wild duck, goose, brant, snipe or rail, or any brook, mountain or rainbow trout, or any black bass, strawberry bass or crappie, shall be guilty of a misdemeanor. Penalties: Srec. 18. Any person found guilty of a violation of any of the provi- sions of the various sections of this Act, shall, upon conviction, be fined not more than $100 and costs, and in default of the payment of such fine and costs shall be imprisoned in the county jail for a period not to exceed one day for each dollar of such fine and costs unpaid. * * * Eggs: Nothing in this Act shall be construed to prohibit the U. 8. Fish and Game Commissioner, or the Fish and Game Commissioners of the Territory of Arizona, from taking the eggs of any of the game birds mentioned in this Act at any time, for the purpose of artificial hatching or propagation, or for scientific purposes, and in such amounts as they deem proper. Approved, ——, 1901. ‘Deer, elk, mountain sheep, mountain goat, quail, bob-white, partridge, grouse, _ pheasant, wild turkey, snipe, rail, wild duck, goose, brant. The sale of doves is pro- hibited (by sec. 17), but killing and shipment are not. 5037—No. 16—01——7 _ oe ite ti i 82 DIGEST OF GAME LAWS FOR 1901. ARKANSAS. Sandels and Hill’s Digest of the Statutes, 1897, Chap. LXIX, pp. 844-848. Export: Src. 3414. * * * Itshall be lawful to export from any part of this State, beavers, opossums, hares or rabbits, ground hogs or woodchucks, raccoons, squirrels, snipes or plovers, ducks and geese, when shipped openly. Sec. 3416. It shall be unlawful for any railroad company, steamboat, express company, or any other common carrier, to take for carriage any fish or game con- signed to points beyond the limits of this State. Examining packages: Sec. 3417. All such common carriers may refuse to recelve any package which they may suppose contains fish or game designed for export, and may cause said package to be opened, or may satisfy themselves in ay other way that said package does not contain game or fish. Penalties: Src. 3418. Any common carrier violating the provisions of this act, shall be guilty of a misdemeanor and upon conviction shall be fined in any sum not less than $50, nor more than $200. Shipment: Sec. 3435. It shall be unlawful for any railroad company, express com- pany, steamboat company, or other company, or corporation, or private person, to have in possession or receive for transportation or carriage, or for any other purpose whatsoever, any of the game or birds mentioned in section 3431 [deer, quail or Vir- ginia partridge, pinnated grouse or prairie chicken, wild turkey], during the season when the killing, catching or injuring the same is prohibited. (See p. 21.) Penalties: Src. 3436. [Violation of any of the provisions of this act a misde- meanor, punishable by a fine $3-$10 for each bird or nest of eggs, and $10-$20 for each deer, together with costs of prosecution. ] Acts of 1901, No. CLXXIV, p. 328. Quail—White County: Srec.1. * * * Itshallalso be unlawful to catch or kill for sale shipping or barter or giving away of any quail in White County, and Barren and Glaize Townships, Jackson County, Providing nothing in this bill shall prevent any person or persons to catch or kill such quail for their individual or home consumption. Penalty: Src. 2. Any person violating the provisions of this Act shall be guilty of a misdemeanor and upon conviction shall be fined in any sum not less than twenty-five nor more than fifty dollars for each offense. Approved, May 23, 1901. CALIFORNIA. Penal Code, 1872, as amended by Statues of 1901, Chap. CCLXXIV, pp. 819-823. Hides: [Src.] 626h. Every person who buys, sells, offers or exposes for sale, trans- ports or carries, or has in his possession, the skin, pelt, or hide of any female deer, or spotted fawn, or any deer hide, or pelt from which the evidence of sex has been remoyed, is guilty of a misdemeanor. Sale: [Src.] 626k. Every person who buys, sells, offers or exposes for sale, barter, or trade, any quail, partridge, pheasant, grouse, sage hen, ibis, or plover, or any deer meat, whether taken or killed in the State of California or shipped into the State from any other State, Territory, or foreign -ountry, is guilty of a misdemeanor. Propagation: [Sxc.] 6261. Nothing in ‘his Act shall be held to prohibit the pos- session for scientific purposes, or the taking alive for the purpose of propagation, any of the animals or birds mentioned in this section; provided, permission to take and possess said birds or animals for said purposes shall have been first obtained in writ- > a CALIFORNIA—COLORADO. 83 ing from the Game Commissioner! or the State Board of Fish Commissioners, and said permission shall accompany the shipment of said birds or animals, and shall exempt them from seizure while passing through any part of the State. Export: [Sec.] 627a. Every railroad company, express company, transportation company, or other common carrier, its officers, agents, and servants, and every other person who transports, carries, or takes out of this State, or who receives for the pur- pose of transporting from the State, any deer, deerskin, buck, doe or fawn, or any quail, partridge, pheasant, grouse, prairie chicken, dove, wild pigeon, or any wild duck, rail, snipe, ibis, curlew, or plover, except for the purposes of propagation, or who transports, carries or takes from the State, or receives for the purpose of trans- portation from the State, any such animal or bird, or any part of the carcass thereof, is guilty of a misdemeanor. The right to transport for the purposes of propagation, or for scientific purposes, must first be obtained by permit in writing” from the Game Commissioner,! or the State Board of Fish Commissioners. Restrictions on shipping: [Srec.] 627b. Every railroad company, steamship ‘company, express company, transportation company, transfer company, and every other person, who ships, or receives for shipment, or transportation, from any one person, during any one day, more than twenty-five quail, partridge, grouse, or sage hen, snipe, curlew, or ibis, or more than fifty doves, or more than twenty rail, or more than fifty wild ducks, or who transports any of said birds, or any deer, in any quantity, unless such birds or deer are at all times in open view, and labeled with the name and residence of the person by whom they are shipped, is guilty of a misdemeanor. Trapping for sale: [Src.] 631. Every person who takes, kills, or destroys, by the use of any net, pound, cage, trap, set line or wire, any quail, partridge, grouse, wild duck, curlew, or ibis, or who transports, buys, sells, or gives away, offers or exposes for sale, or has in his possession, any of the said birds that have been taken, killed, or captured by the use of any net, pound, cage, trap, set line or wire, whether taken in the State of California, or shipped into the State from any other State, Territory, or foreign country, is guilty of a misdemeanor; provided, that the same may be taken for purposes of propagation, or for scientific purposes, written permission hay- ing first been obtained from the Game Commissioner, or the State Board of Fish ~ Commissioners. Penalties: [Srec. 63la. Every person found guilty of a violation of any of the provisions of Sections 626h, 626k, 626m, Sections 627a, 627b, and Section 631 must be fined in a sum not less than twenty-five dollars nor more than five hundred dollars, or imprisoned in the county jail of the county in which the conviction shall be had, not less than twenty-five days nor more than one hundred and fifty days, or by both such fine and imprisonment. ] COLORADO. Session Laws of 1899, chap. 98, pp. 188-217. DIVISION A. GENERAL PROVISIONS. Regulations: Src. 7. The commissioner shall have power to prescribe such rules, regulations and forms as may be required to carry out the true intent of this act, and not inconsistent herewith. 1There is no Game Commissioner in the State. 2Sec. 435 of the Penal Code provides: ‘‘ Every person who commences or carries on any business, profession, trade, or calling for the transaction or carrying on of which a license is required by any law of this State, without taking out or procuring the license prescribed by such law, is guilty of a misdemeanor.”’ 84 DIGEST OF GAME LAWS FOR 1901. Property of State: 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. DIVISION B. GENERAL REGULATIONS. Sale: Sec. 1. No person shall at any time of the year, or in any manner, pursue, take, wound or kill any bison, buffalo, elk, deer, antelope, mountain sheep or beaver, or any of the following wild birds, viz: Turkey, prairie chicken, sage chicken, grouse, quail, pheasant, partridge, ptarmigan, duck, goose, brant, swan, crane, water fowl, pigeon, dove, snipe or curlew, * * * or sell, offer or expose for sale or have the same in possession, except as permitted by thisact. * * * Big game—Sex: Sec. 3. No person shall have in possession or transport the car- cass of any game quadruped or any considerable portion of such carcass unless the same has thereon the natural evidence of its sex sufficient to enable such sex to be readily determined by ordinary inspection. Sale prohibited: Src. 7. (9) [No person shall dispose of to another, except by actual donation, any edible part of game or fish taken or killed under the provisions of this section (which provides open seasons, manner and purpose of capture, and limits the number of each kind of game which may be taken in the State) ]. DIVISION C. PARKS. Invoice, game from parks: Src. 16. When the proprietor of any licensed park or lake of class A [in whole or part on land held by private ownership or acquired for irrigation purposes] shall sell or dispose of any game or fish as herein provided, he shall at the same time deliver to the purchaser or donee or attach thereto an invoice signed by such proprietor or his agent, stating the number of the license and name of such park, or lake, the date of disposition, the kind, and as near as practi- cable the number and weight of such game or fish, the name and address of the pur- chaser, consignee or donee. Such invoice shall authorize transportation within this state, possession and use for thirty days after this date * * * Sec. 17. Such proprietor or his agent shall at the same time mail, postpaid, a duplicate of such invoice to the commissioner at Denver * * * | Shipping game from parks: Src. 18. When any such game or fish, for which an invoice is required, is to be shipped by rail, express, or other carrier, public or private, the invoice shall be securely attached thereto or to the package containing the same, in plain sight, and the same may then be lawfully carried and delivered within this state to the consignee named in suck. invoice. Sale of game from parks: Src. 19. If such game or fish is held, exposed or offered for sale or sold by the consignee or kept in any storage, hotel, restaurant, cafe or boarding house, such invoice shall be kept attached thereto as aforesaid until the same shall have been prepared for consumption. Sec. 20. In case of a sale or disposition of a part of such game or fish the vendor shall at the same time make a copy of such invoice and indorse thereon the date of sale, the number and kind of game or fish so disposed of and the name of the pur- chaser, and sign and deliver the same to the purchaser or donee, who shall keep it attached as aforesaid until the game or fish is prepared for consumption, and the same shall have the same force and effect as the original invoice. Misstatements: Src. 21. Any wilful misstatement in or any omission ol a substantial requirement from any invoice or copy thereof, shall render the same COLORADO. 85 void and be deemed a violation of this act, and the possession of such game or fish shall be unlawful, and the possession of any game or fish without such invoice or a copy thereof attached thereto when so as above required shall be unlawful. DIVISION D. TRANSPORTATION. Importation: Section 1. No game or fish shall be brought into this state from any other state or territory except as provided in this division. Importation for propagation: Src. 2. Game and fish intended to be used for propagation in or stocking parks or waters within this state may be brought into this state from any other state or territory, and the commissioner shall issue certificates therefor without charge. Lawful importation: Src. 3. Game or fish intended for any purpose other than those mentioned in the last preceding section may be brought into this state only from those states and territories the laws of which at the time of such importation do not prohibit the importation and sale therein of game and fish from this state, and game and fish so imported into this state may be held and disposed of only as provided in this division. Imported game, Sale: Src. 4. No person shall sell, offer, expose or keep for sale any game or fish brought into this state from any other state or territory, except in the original package, condition, number and quantity in which the same were brought into this state, until he shall have procured from the commissioner a certifi- cate dated and signed by him stating the kind, and, as near as practicable, the num- ber of game or fish referred to therein, which certificate shall be kept constantly and publicly exposed with such game or fish so long as they are kept for sale. No such certificate shall be granted or valid for more than thirty days after its date. * * * Imported game, Storage permit: Src. 5. If any person in the lawful possession of game or fish so imported shall desire to retain the same beyond the thirty days as provided in the importation certificate, he shall apply to the commissioner and pro- cure from him an importation storage permit for a period not exceeding thirty days after the expiration of the importation certificate. Such permit shall authorize the possession, transportation within this state, storage and sale of the same during the period thereinnamed * * * Imported game, Invoice: Src. 6. If the importer shall sell or dispose of the same, he shall make out and give to the purchaser or donee an invoice signed by him or his authorized agent, and containing the name and address of the purchaser or donee, the kind and number of game or fish and the number and date of the com- missioner’s importation certificate or storage permit under which the same was 2) aa aii Src. 7. Such invoice shall entitle the person therein named to transport within this state, store, hold, use or sell the same at any time of year for a period not exceed- ing thirty days after the date of the certificate or permit under which it is issued. Src. 8. In case the purchaser or donee shall desire to redispose of the same he shall endorse on such invoice the name of the subsequent purchaser or donee and his own name, and deliver the same to the purchaser or donee. In case he shall desire to dispose of a portion only he shall make a true copy of such inyoice and endorse the same as aforesaid and deliver it to the subsequent purchaser or donee. Such original or copy so endorsed shall have the same force and effect as the original. Shipping permits: Src. 11. When any person lawfully in possession of game or fish shall desire to transport the same within this state, the transportation of which is not herein otherwise provided for, or out of this state, the commissioner may, upon being satisfied that the possession and transportation is not in violation of the spirit of this act, grant a permit therefor, and thereafter during the period of ten days after its date, such transportation shall be lawful between the points therein named. * * * 86 DIGEST OF GAME LAWS FOR 1901. Shipment: Src. 12. No railroad company, express company, stage company or other public carrier, messenger, baggage man, or person in charge of any public con- veyance, nor any agent thereof, shall receive or store for transportation, or transport into, or within, this State, any game or fish except as follows, namely: (1) When there is attached thereto a proper and valid certificate or permit signed by the commissioner, or having a facsimile of his signature thereon and on its face authorizing transportation of the article named therein, and during the period therein stated. (2) At any time of year when the same is shipped from a private park or lake and has attached thereto a proper and valid invoice as required in Division C of this act. (3) At any time of year when the same is in charge of the commissioner, or some person acting for him and under his written authority, or an officer having seized the same under the provisions of this act, or a game or fish commissioner or warden of the United States or some other State, Territory or foreign country. (4) At any time of year when the same has been seized and sold by an officer and has attached thereto an invoice as provided in this division, and for thirty days after the date of such invoice. (5) When there is attached thereto a proper and valid importer’s invoice, author- izing transportation of the article therein named and during the period therein stated. ; (6) At any time of the year when the same are small fry or fish eggs for stocking purposes. (7) At any time of the year when the same is being transported from some other State or Territory into this State in conformity with section 2 or 3 of this division. _ (8) During the open season therefor and for five days thereafter when presented _for shipment in lawful number or quantity. [See pp. 22, 45. ] Export: Sec. 13. Game or fish may be transported out of this State only when accompanied by a permit from the commissioner authorizing the same, as provided in section 11 of this division, or when being transported from some other State or Territory where taken or killed, through this State to some other State or Territory. Marking packages: Sec. 14. Whenever any game or fish is presented for trans- portation or transported in a box, barrel, package, or other covering, so the game or fish is not plainly visible, the consignor shall put on the outside of such covering a plain mark or label indicating the true contents, and the proper invoice, certificate, or permit, when one is required, shall be attatched [attached] to the outside of the covering. Sec. 15. Nothing herein shall make such carrier liable for transportation of game or fish when the same is transported without charge or waybill and in the possession of a passenger; but such fact shall not exempt the same from seizure, if unlawfully taken, killed, held in possession, or transported. DIVISION G. PENALTIES. Attempt at violation: Src. 1. Every attempt to violate any provision of this act shall be punishable to the same extent as an actual violation thereof, and any such attempt or violation by an agent, clerk, officer, or employe, while acting for a corporation, shall render such corporation liable also, and an accessory may in all cases be prosecuted and punished as a principal. Penalties: Src. 4. Every person or officer violating any of the provisions of this act, * * * shall be guilty of a misdemeanor and be punished by a fine of not less than $10 nor more than $500, or by imprisonment in the county jail not less than ten days nor more than six months, or by both such fine and imprisonment. Approved, April 27, 1899. COLORADO—CONNECTICUT. _ 7 87 Regulations Prescribed by the State Game Commissioner, May 1, 1899. In pursuance of authority conferred by law on the commissioner [see Diy. A, sec. 7], the following additional regulations, forms and instructions are prescribed: Domestic game, Sale prohibited: Src. 12. Domestic game and fish taken as above cannot lawfully be disposed of to another except by actual bona fide dona- tion. When disposed of in any other way they are not lawfully in possession and are subject to seizure. Sec. 13. When such game or fish have been donated to another the maker of the certificate should endorse the fact on the certificate and sign the same. Src. 14. Such certificate when correctly filled in, dated and signed by the person originally,taking the game or fish therein described (and indorsed as above when donated to another) will be deemed prima facie evidence of lawful possession, and authority to transport and store the same within the state during the open season and for five days thereatter. Imported game: Src. 19. Game and fish for general use may be imported from states and territories which do not prohibit the sale therein of game and fish from this state. As at present advised, none of the western states or territories have laws of that character, and therefore until further notice, importations may be made from any state or territory. Sec. 21. Before breaking bulk and exposing or offering imported game or fish for sale (or before using, if intended for use by the person importing the same), the above [an] invoice must be presented to the commissioner and an importation cer- tificate procured as provided in the law, authorizing sale and use within the state. Src. 22. An importation certificate is not a license to sell generally, but applies only to the shipment for which obtained. A certificate must be obtained for each shipment. For game or fish of kinds not protected by the law, no certificate is required. CONNECTICUT. Public Acts of 1901, chap. 140, pp. 1276-1278. ARTICLE II. Shipment: Sxc. 16. Quail, woodcock, and partridge or ruffed grouse, shall not be transported in this state except when accompanied by the actual owner, and no person shall transport or accompany, within the limits of this state, more than thirty-six partridges or ruffed grouse in any calendar year. No person shall at any time kill any quail, woodeock, partridge, or ruffed grouse, for the purpose of trans- porting the same beyond the limits of this state or transport any such birds in any ~ package, unless the kind and number of such birds shall be plainly marked on the outside of said package; or shall transport or have in his possession, with intent to procure the transportation beyond said limits, any of such birds killed within this state. The reception, by any person or common carrier within this state, of any such bird or birds for shipment in an unmarked package or addressed to a point without the state shall be prima facie evidence that said bird or birds were killed within the state for the purpose of carrying the same beyond its limits. Game birds defined: Src. 19. * * * For the purposes of this act the follow- ing only shall be considered game birds: The Anatide, commonly known as swans, geese, brant, and river and sea ducks; the Rallide, 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 Gallinee, commoniy known as wild turkeys, grouse, prairie chickens, pheasants, partridges, micogiais, * * * 88 DIGEST OF GAME LAWS FOR 1901. Penalties: Sec. 25. Every person who shall violate any of the provisions of this article shall be punished by a fine of not less than ten dollars nor more than fifty dollars and by an additional fine of ten dollars for each bird or part of bird taken or possessed in violation thereof. Approved, June 14, 1901. DELAWARE. Laws of 1891, Vol. XIX, chap. 137, pp. 268-269. Shipment: Sec. 1. (As amended by laws of 1893, chap. 654.) That from and after the passage of this act it shall be unlawful for any person or persons to ship, take, or carry away, or attempt to ship, take, or carry out of this State, any quail, partridge, robin, woodcock, or wild rabbit, dead or alive, for purposes of sale or otherwise. And it shall also be unlawful for any person who is a nonresident of this State to ship, take, or carry away, or attempt to ship, take, or carry away, any quail, par- tridge, robin, woodcock, Wilson or English snipe, or wild rabbit, dead or alive, ~ from one county to another county in this State, for the purposes of sale or otherwise. ; Penalties: If any person shall ship, take, or carry away, or attempt to ship, take, or carry away, any birds or animals named in this act out of this State, or from one county to another county in this State, contrary to the provisions of this act, he shall be deemed guilty of a common nuisance, and upon conviction thereof before any jus- tice of the peace in this State shall be fined five dollars for each and every bird or animal so shipped or taken or carried away, or so attempted to be shipped, or taken or carried away contrary to the provisions of this act, and upon failure to pay said fine and the costs of prosecution he shall be committed to the jail of the county in which such offense occurred for the period of thirty days, unless said fine and costs be sooner paid; one half said fine shall be paid into the =a of the county and the other half to the informer. Passed, April 20, 1891. Laws of 1893, Vol. XIX, chap. 655, p. 802. Sale: Sec. 3. That from and after the passage of this act it shall be unlawful for any person or persons within this State at any time to buy, for purposes of profit or sale, any partridge, quail, or pheasant, and all acts or parts of acts authorizing the issuing of licenses to dealers in said birds be and the same are hereby repealed as far as they relate to the buying of said birds. Any person or persons violating the provisions of this section shall be fined as prescribed in section 5, chapter 507, vol. 17, Laws of Delaware. Passed, May 4, 1893. Laws of 1901, Vol. ——, chap. ——. Game birds defined: Sec. 1. * * * For the purposes of this Act, the follow- ing only shall be considered game birds: The Anatidze, commonly known as swans, geese, brant and river and sea ducks: The Rallide, commonly known as rails, coots, mud-hens and gallinules: The Limicole, commonly known as shore birds, plovers, suri-birds, snipe, wood-cock, sandpipers, tatlers and curlews: The Gallinz, com- monly known as wild turkeys, grouse, prairie chickens, phe partridges and quails: also the reed-bird of the Icteridz. Approved, March 9, 1901. DISTRICT OF COLUMBIA. [Prohibitions against sale refer only to close seasons. No prohibition against transportation. For full law see pp. 73-75. ] FLORIDA—GEORGIA. 89 FLORIDA. Laws of 1899, chap. 4784, p. 174. Sale: Src. 2. That no person or persons, firm or corporation shall sell, expose for sale or have in his, her, its or their possession for sale at any time any wild deer, venison or deer hide and it shall be unlawful for any person or persons, firm or cor- poration to ship or transport any deer, venison or deer hide or hides in this State for sale at any time. and it shall be unlawful for any common carrier to transport any deer, venison or deer hide or hides in this State at any time to be sold. Any person or persons, firm or corporation violating the provisions of this section shall, upon conviction, be punished by a fine of not less than fifty dollars, nor more than two hundred dollars or be imprisoned in the county jail at hard labor not more than three nor less than one month. Shipment: Sec. 4. That any person or persons, firm or corporation who shall ship any deer hide or hides, venison, wild turkey, quail or partridge beyond the limits of the county in which the same was killed, shall, upon conviction, be deemed guilty of a misdemeanor and punished as prescribed in section one of this act [penalty, $25 to $100 or three to six months’ hard labor]. And any common carrier, agent or employee of any such carrier, who shall receive for carriage or permit the carriage of any such deer, hide, venison, wild turkey, quail or partridge by said commoi. carrier across any county line in this State shall, upon conviction, be punished as prescribed in Section one of this act; Provided, Hunting parties may take their own game home with them in this State, but not for sale. Approved May 4, 1899. Laws of 1901, chap. ——. Game birds defined: Sec. 1. * * * For the purposes of this Act the follow- ing only shall be considered game birds: The Anatidze, commonly known as swans, geese, brant, and river and sea ducks; the Rallidze, commonly known as rails, coots, mud-hens, and gallinules; the Limicolze, commonly known as shore birds, plovers, surf birds, snipe, woodcock, sandpipers, tatlers, and curlews; the Gallinz, com- monly known as wild turkeys, grouse, prairie chickens, pheasants, partridges, and quails, also turtle doves, tame and wild pigeons and robins. Approved May 29, 1901; in force July 28, 1901. GEORGIA. Acts of 1899, Part I, Title 8, No. 373, p. 96. Trapping for sale: Sec. J. * * * Thatfrom and after the passage of this Act, it shall be unlawful for any person to trap, net, kill, or in any way take, for the pur- pose of selling the same, except upon his own land during the hunting season, wild - turkeys, quail, doves or deer. License: Sec. II. Be it further enacted, That any person desiring to kill, trap, net, or in any way take, for the purpose of selling the same, except upon his own land, any of the game mentioned in the foregoing section, shall before doing so, pay to the treasurer of the county in which he desires to kill, net, trap, or take such game, the sum of twenty-five dollars, and upon the exhibition of such receipt to the ordinary of such county, the ordinary shall issue to such person a license to kill, trap, net, or take such game in said county for the space of twelve months from the date of said license, and no longer; and such person at the time of procuring said license shall register his name as a licensed hunter in a book to be kept for that purpose by the ordinary. A license shall be procured and registration made in each county _ wherein said person proposes to carry on said business; provided, that the provisions 90 DIGEST OF GAME LAWS FOR 1901. of this bill shall not be in effect until recommended by the grand jury of the county desiring it. Penalty: Sec. III. Be it further enacted, That any person violating the pro- visions of this Act shall be punished as for a misdemeanor. . Approved December 20, 1899. Acts of 1899, Part I, Title 8, No. 380, pp. 98-99. Export: Sec. 1. * * * That from and after the passage of this Act, it shall be unlawful for any person or persons, firm or corporation, to export or ship, send or carry beyond the limits of said State [Georgia], any partridge or quail at any season of the year. Penalties: Src. III. Be it further enacted, That any person violating the pro- visions of this Act, upon conviction shall be punished as prescribed in section 1039 of volume 3 of the Code of 1895. [Penalty for misdemeanor, fine not exceeding $100, imprisonment not to exceed 6 months or hard labor not to exceed 12 months. ] Approved December 20, 1899. IDAHO. General Laws, 1899, pp. 429-431. Hides: Src. 11. It shall be unlawful for any person, or persons, or agents or employees of any association or corporation to buy or sell the hides of any of the animals mentioned in any of the preceding sections of this Act. _ [Deer, elk, moose, caribou, antelope, mountain sheep, mountain goat. Penalty, $50 to $100 for each animal. | Sale: Sec. 19. It shall be unlawful for any person or persons, agent or employee of any association or corporation to buy or sell or to expose or offer for sale, any of the animals, birds, or fish,.or any part or parts of any such animal, bird or fish pro- tected by the provisions of this Act at any time of the year. [Animals and birds protected: Deer, elk, moose, caribou, antelope, mountain sheep, mountain goat, quail, partridge, pheasant, Mongolian pheasant, grouse, prairie chicken, sage hen, duck, goose, swan. ] Specimens excepted: Src. 20. Jf any person or persons, agent or employee of any association or corporation shall be found in possession of any of the animals, birds, or fish, or any part or parts of any of the animals, birds, or fish protected by this Act, between the dates within which the killing, taking, ensnaring, entrapping, or destroying of the same is declared to be unlawful, it shall be deemed. prima facie evidence that such person or persons, agent or employee killed, ensnared, trapped, or destroyed the same in violation of this Act. Provided, That the provisions of this section shall not apply to persons having in possession for preservation any stuffed birds or animals, or heads or horns of animals not taken or killed in yiola- tion of the provisions of this Act or other game laws of the State of Idaho. Shipment: Src. 21. It shall be unlawful for any railway, express company, stage line or other public carrier, or any of their agents or employees to receive or have in their possession for transportation any of the animals, birds, or fish, or any part or parts of any animals birds or fish protected by the provisions of this Act or other laws of this State, or to transport the same after the passage of this Act. Except, that nothing in this Act shall prevent shipping or transporting in any manner, mounted heads, or stuffed birds or animals to any point within the State; Provided, That such birds or animals were not killed in violation of this Act or other laws of the State, or that such heads or horns were not taken from animals taken or killed in violation of this Act or other laws of this State. IDAHO—ILLINOITS. 91 Penalties: Src. 26. Any person or persons, agent or employee of any association ~ or corporation violating any of the provisions of section 19 and 21 of this Act, shall - upon conyiction thereof be fined in any sum not less than twenty-five nor more than seventy-five dollars, together with costs of suit. Approved, March 13, 1899. “ ILLINOIS. Laws of 1899, pp. 224-227. Sale, Shipment: Src. 2. It shall be unlawful for any person to buy, sell or have in possession any of the animals, wild fowl or birds mentioned in section 1 of this act [deer, wild turkey, pinnated grouse, ruffed grouse, prairie chicken, pheasant _ or partridge, quail, woodcock, dove, squirrel, snipe, plover, wild goose, duck, brant, or other waterfowl], at any time when the killing, trapping, netting and ensnaring of such animals, wild fowl or birds shall be unlawful which shall have been killed, entrapped, netted or ensnared contrary to the provisions of this act. And it shall further be unlawful for any person or persons at any time to sell or expose for sale, © or to have in his or their possession for the purpose of selling, any quail, pimnated grouse or prairie chicken, ruffled grouse or pheasant, grey, red, fox or black squirrel ~ or wild turkey that shall have been caught, ensnared, trapped or killed within the limits of this State. And it shall further be unlawful for any person, corporation or carrier to receive for transportation, to transport, carry or convey any of the afore- said quail, pinnated grouse or prairie chicken, ruffled grouse or pheasant, squirrel, or wild turkey that shall have been caught, ensnared, trapped or killed within the limits of this State, knowing the same to have been sold, or to transport, carry or convey the same to any place where it is to be sold or offered for sale, or to any place outside of this State for any purpose, except such person have a license from this State so to do. And any person guilty of violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined not less than twenty-five dollars nor more than one hundred dollars for each and every offense, and shall stand committed to the county jail not exceeding ten days until such fines and costs are paid: Provided, that the selling, exposing for sale, having in possession for sale, transporting or carrying and conveying, contrary to the provisions of this section, of each and every animal or bird forbidden herein, shall be deemed a separate offense. _ Game birds defined: Src. 3. * * * For the purposes of this act the follow- ing only shall be considered game birds: The An[a]tidze, commonly known as swans, geese, brant and river and sea ducks; the Rallidze, commonly known as rails, coots, mud-hens and gallinules; the Linicole [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.! Sale seasons: Sec. 6. No person or persons shall sell, or expose for sale, or have in his or their possession for the purpose of selling or exposing for sale, any of the animals, wild fowls or birds mentioned in section one (1) of this act after the expira- tion of five (5) days next succeeding the first day of the period in which it shall be unlawful to kill, entrap or ensnare such animals, wild fowls or birds; nor shall any of such animals, wild fowls or birds be sold or offered for sale during the first two days of the open season. Any person so offending shall, on conviction, be fined and dealt with as specified in section one (1) of this act [penalty, a fine of $15 to $50 and _ costs of suit, or imprisonment not exceeding 10 days, for each offense; but the kill- -41 Mourning doyes properly belong to the Columbe, not to the Galline. 92 DIGEST OF GAME LAWS FOR 1901. ing of each bird or animal shall be deemed a separate offense], and selling or expos- ing for sale, or having the same in possession for the purpose of selling or exposing for sale, any of the animals or birds mentioned in this section, after the expiration of the time mentioned in this section, shall be prima facie evidence of the violation — q of this act: Provided, that the provisions of this act shall not apply to the killing of birds by or for the use of taxidermists for preservation either in public or private collection, if so preserved: Provided further, that nothing contained in this section shall be construed as modifying or being in conflict with section two (2) of this act, or authorizing or legalizing the sale or exposing for sale, transportation or receiving for transportation, any of the animals, birds or game as therein prohibited: And pro- vided, also, that inhabitants of villages and cities may receive game from other States, and expose and sell the same on the market in said villages and cities between the first day of October and the first day of February of the following year. Game in transit: Sec. 7. The provisions of this act shall not be construed as applicable to any express company or common carrier, into whose possession any of the animals, wild fowl or birds herein mentioned shall come in the regular course of their business for transportation whilst they are in transit through this State from any place without this State where the killing and transportation of said animals, wild fowl or birds shall be lawful. But notwithstanding this provision, the haying or being in possession of any such animals, wild fowl or birds as are mentioned in section one (1) upon any of the days upon which the killing, entrapping, ensnaring, netting, buying, selling, or having in possession any such animals, wild fowls or birds, shall be unlawful by the provisions of this act, shall be deemed and taken as prima facie evidence that the same was ensnared, trapped, netted or killed in yiola- tion of this act. Property of State: Sec. 11. The ownership of and title to all wild game and birds in the State of Illinois is hereby declared to be in the State, and no wild game or birds shall be taken or killed in any manner at any time, except the person so taking or killing shall consent that the title to said game shall be and remain in the State of Illinois for the purpose of regulating the use and disposition of the game after such taking or killing. The taking or killing of wild game or birds at any time or in any manner or by any person shall be deemed a consent of said person that the title to such game or birds shall be and remain in the State for said purpose of regu- lating the use and disposition of the same. Approved April 24, 1899. INDIANA. Thornton’s Revised Statutes, 1897, p. 361. Game birds defined: Src. 2244. For the purpose of this Act the following only shall be considered game birds: The Anatidge, commonly called swans, geese, brant, and river and sea ducks; the Rallide, commonly known as rails, coots, mud-hens, and gallinules; the Limicole, 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, * * * Session Laws of 1901, Chap. CCIII, pp. 442-445. Sale: Sec. 2. Whoever sells, or offers for sale, directly or indirectly, at any time, any quail, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined ten (10) dollars for each quail sold or offered for sale, to which may be added imprisonment in the county jail for a period not to exceed ten days. Export: Sec. 3. It shall be unlawful for any railroad company, express company, or other common carrier, or other person or persons to transport, take or carry, or INDIANA—INDIAN TERRITORY. 93 receive for the purpose of transporting, taking or carrying beyond the limits of this State, any wild deer, buck, doe or fawn, any quail (except as provided in Section 13 of this act), ruffed grouse, pinnated grouse, prairie chicken, woodcock, wild turkey, any ringneck pheasant, any English pheasant, Mongolian pheasant, green Japanese pheasant, copper pheasant, silver pheasant, golden pheasant, or pheasant of any kind or species. Any railroad company, express company or other common carrier, or other person or persons violating any of the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined one hundred dollars for each such wild deer, buck, doe or fawn transported, taken or carried or received for the purpose of transportation, taking or carrying beyond the limits of this State; fifty (50) dollars for each ringneck pheasant, English pheasant, Mongo- lian pheasant, green Japanese pheasant, copper pheasant, silver pheasant, golden pheasant, or pheasant of any species or kind, or wild turkey so transported, taken or carried beyond the limits of this State, and ten (10) dollars for each quail, ruffed grouse, pinnated grouse, prairie chicken or woodcock transported, taken or carried or received for the purpose of transporting, taking or carrying beyond the limits of this State. Shipment under license: Ssxc. 13. It shall be unlawful for any person who isa nonresident of the State of Indiana to hunt, anywhere within the State of Indiana, any of the wild animals, fowls or birds that are protected during any part of the year without procuring a license to do so, and then only during the respective periods of the year when it shall be lawful to do so. * * * Any licensee under the pro- visions of this section is hereby authorized to take from the State of Indiana twenty- four birds of all kinds, killed by himself, which shall be carried openly for inspection together with his or her license. Any person found guilty of violating any of the provisions of this section shall be fined not less than twenty-five (25) dollars and not more than one hundred (100) dollars, to which may be added imprisonment in the county jail for any period not to exceed thirty days. Approved March 11, 1901. INDIAN TERRITORY.! Laws of the Chickasaw Nation.” Act of September 23, 1896. Sale, Export: Sec. 2. * * * That no person shall kill, ensnare, net or trap any quail, prairie chicken, wild turkey, or any deer, antelope, or fawn, or other game, or fish, within the limits of the Chickasaw Nation to sell, or export to any State or Territory; and any person who shall export or ship any game killed or taken in the Chickasaw Nation out of said Nation or Territory, shall be punished as here- inafter provided for in this act. Trapping: Sec. 3. * * * Thatno person shall ensnare, net or trap any quail, prairie chicken, wild turkey, deer, antelope, fawn, fish or other game used for food within this nation, or have in possession any game named in the foregoing section for any purpose or any pretense whatever, except for food, and then when actually necessary for immediate use; and the reasonable necessities of the person killing the same. Any person violating the provisions of this section shall be punished as here- inafter provided for in this act. Penalties: Sec.4. * * * That any person or persons found guilty of violat- ing the provisions of this act, as specified in sections two and three, shall upon con- ‘For Federal law covering the whole Territory see p. 76. ? While the act of June 28, 1898, commonly known as the Curtis Act, abolishes the tribal governments in the Indian Territory, an exception is made in Section 29 continuing those of the Chickasaw and Choctaw Nations in force until March 4, 1906. (30 Stat. L., 512.) 94 DIGEST OF GAME LAWS FOR 1901. viction thereof by the District Court of the Chickasaw Nation, be fined in any sum not less than twenty-five dollars, nor more than one hundred dollars, and be impris- oned in the National Jail not less than ten days nor more than one hundred days at the discretion of the Court trying the case for the first offense; and upon subsequent conviction for violating the provisions of this act, shall be both fined and impris- oned to the full extent provided for in this act. Approved September 23, 1896 IOWA. Annotated Code, 1897, Title XII, chap. 15, pp. 887-888. Killing for traffic: Sec. 2552. No person shall at any time, or at any place within this State, trap, shoot or kill for traffic any pinnated grouse or prairie chicken, wood- cock, quail, ruffed grouse or pheasant; nor shall any one person shoot or kill during any one day more than twenty-five of either kind of said named birds; nor shall any one person firm or corporation have more than twenty-five of either kind of said named birds in his or their possession at any one time, unless lawfully received for transportation; or catch or take or attempt to catch or take, with any trap, snare or net any of the birds or animals named in the preceding section; or in any manner wilfully destroy the eggs or nests of any of the birds named in this and the preced- ing section. --F18 G: As ch, 198, §2; 17 4G. Aes eh. 156.4359 Sale seasons: Sec. 2554. It shall be unlawful for any person, company or corpora- tion to buy or sell, or have in possession, any of the birds or animals named in this chapter, during the period when the killing of such birds or animals is prohibited, except during the first five days of such prohibited period; and the possession by any person company or corporation of any such birds or animals during such prohibited period, except during the first five days thereof, shall be presumptive evidence of a violation of the provisions of this chapter relating to game. [17 G. A., ch. 156, §$5.] Shipment: Src. 2555. No person, company or corporation shall at any time ship, take or carry out of this State any of the birds or animals named in this chapter; but it shall be lawful for any person to ship to any person within this State any game birds named, not to exceed one dozen in any one day, during the period when the killing of such birds is not prohibited; but he shall first make an affidavit before some person authorized to administer oaths that said birds have not been unlawfully killed, bought, sold or had in possession, are not being shipped for sale or profit, giving the name and post-office address of the person to whom shipped, and the number of birds to be so shipped. * * * [7 G. A:, ch. 156; $63] Penalties: Src. 2556. If any person use any device, kill, trap, ensnare, buy, sell, ship, or have in his possession, or ship, take or carry out of the State, contrary to the provisions of this chapter, any of the birds or animals named or referred to herein, or shall wilfully destroy any eggs or nests of the birds named or referred to in the preceding sections, he shall be punished by a fine of ten dollars for each bird * * * go killed, trapped, ensnared, bought, sold, shipped, had in possession, destroyed, or shipped, taken or carried out of the State, and shall stand committed to the county jail for thirty days unless such fine and costs of prosecuting are sooner pad (17 G. A., ch. 156, S739 © Receiving for shipment: Src. 2557. If any railway or express company or other common carrier, or any of their agents or servants, receive any of the fish, birds or animals mentioned or referred to in this chapter for transportation or other purpose, during the period hereinbefore limited and prohibited, or at any other time except in the manner provided in this chapter, he or it shall be punished by a fine of not less than one hundred nor more than three hundred dollars, or by imprisonment in the county jail for thirty days, or by both such fine and imprisonment. — 2 a en sae Te % KANSAS—MAINE. 95 KANSAS. Session Laws of 1897, chap. 135, pp. 294-295. ' Sale: Sec. 6. It shall be unlawful for any person or persons, company or corpora- tion, at any time, to buy, sell, barter, ship or offer for sale, barter or shipment, within the State of Kansas, any bird or birds named in section one of this Act. [Par- tridge, pinnated grouse or prairie chicken, grouse, quail, pheasant, oriole, meadow- lark, robin, thrush, redbird, mockingbird, blue jay, turtledove, yellowhammer, or bluebird.] The having in’ possession by any person, company or corporation of any bird or birds named in section one of this act, except by a person who has lawfully killed the same, shall be deemed prima facie evidence of a violation of this act. Shipment: Src. 7. It shall be unlawful for any railroad, express or transportation company or corporation, or any agent, employee or manager of such company to accept, within the State of Kansas, for shipment or transfer, any of the birds men- tioned in section one of this act. The having in possession of any of the birds men- tioned in the first section of this act by any such railroad, express or transportation company or corporation, or agent or employee or manager thereof, shall be deemed prima facie evidence of a violation of this act. Penalties: Src. 8. Any person, or the manager, agent or employee of any com- pany or corporation 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. LOUISIANA. [No general prohibitions against transportation or sale. | MAINE. Public Laws of 1899, chap. 42, pp. 35-44. Introduction: Src. 9. (as amended by Public Laws of 1901, chap. 222, p. 232) * * * Whoever introduces wild birds or wild animals of any kind or species, into the state except upon written permission of the commissioners of inland fisheries and game, shall forfeit not less than fifty dollars nor more than five hundred dollars. Birds—Sale, Shipment: Src. 11. (As amended by Public Laws of 1901, chap. 208, p. 281.) * * * Nor shall any person, at any time, kill or have in posses- sion any ruffed grouse, commonly called partridge, or woodcock, except for his own consumption within this state, except as hereinafter provided, under a pen- alty of five dollars for each bird so unlawfully killed or had in possession; nor shall any person at any time sell, or offer for sale, any ruffed grouse, commonly called partridge, or woodcock, within this state, under the same penalty; nor shall any person or corporation carry or transport from place to place any of the birds mentioned in this section [wood duck, dusky or black duck, teal, gray duck, ruffed grouse or partridge, woodeock, quail, plover, snipe, and sandpipers, capercailzie or cock of the woods, black game and pheasant], in close season, nor in open season unless open to view, tagged, and plainly labeled with the owner’s name and resi- dence and accompanied by him, unless tagged in accordance with section twenty-six of this chapter under the same penalty [$5 for each bird]. Any person, not the 96 DIGEST OF GAME LAWS FOR 1901. actual owner of such bird or birds, who, to aid another in such transportation, falsely represents himself to be the owner thereof, shall be liable to the same penalty; nor shall any person or corporation carry or transport at any one time more than fifteen of any one variety of the birds above named as the DEOperey of one person under the same penalty. * * * Game birds defined: Src. 12. [as amended by Public Laws of 1901, chap. 142, p- 159] * * * For the purposes of this act, the following only shall ie considera game birds: the anatidee, commonly known as swans, geese, brant, and 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, erouse, prairie chickens, pheasants, partridges and quails. * * * Shipment—Moose, deer: Src. 23. No person or corporation shall carry or trans- port from place to place any moose or deer, or part thereof, in close time, nor in open time unless open to view, tagged and plainly labeled with the name and resi- dence of the owner thereof, and accompanied by him, under a penalty of forty dol- — lars and costs of prosecution for each moose or deer so transported or carried; and any person not the actual owner of such game or parts thereof, who, to aid another in such transportation, falsely represents himself to be the owner thereof, shall be — liable to the penalties aforesaid; and it shall be prima facie evidence that said game, that is being transported or carried in violation of this section, was illegally killed; but nothing herein shall apply to the transportation of moose or deer by any person or corporation, when such game is lawfully tagged in accordance with the provisions of section twenty-six of this chapter. Whoever lawfully kills a bull moose shall, while the same or any part thereof, is being transported, preserve and transport it with the evidence on the moose of the sex of the same. Whoever fails to comply with the provisions of this section shall forfeit to the State the moose or part thereof being transported, and pay a fine of three hundred dollars and costs of prosecution. Seizure, Return: Sec. 24. All birds, fish, and game hunted, caught, killed, destroyed, bought, carried, transported or found in possession of any person or cor- poration, in violation of the provisions of this chapter and amendments thereto, shall be lable to seizure; and in case of conviction for such violation, such game shall be forfeited to the State, to be sold for consumption in this State only. Any person whose game or fish has been seized for violation of any game or fish law, shall have it returned to him on giving to the officer a bond with sufficient sureties, residents of the State, in double the amount of the fine for such violation, on condition that, if convicted of such violation, he will, within thirty days thereafter, pay such fine and costs. If he neglects or refuses to give such bond and takes the game or fish so seized, he shall have no action against the officer for such seizure, or for the loss of the game or fish seized. Export: Sec. 25. No resident of this State shall sell or give away any moose or deer or part thereof, or any game birds, to be transported or carried beyond the lim- its of this State, under a penalty of one hundred dollars for each and every moose, deer or part thereof, and one dollar for every game bird so sold or given away; and any person who shall buy any of the above-named animals or birds or parts thereof, to so transport them, or who shall transport them after buying the same or receiving the same as a gift, shall be subject to the same penalty. Tags: Sec. 26. Any person who has lawfully killed a moose or adeer, * * * or one pair of game birds, may send the same to his home or to any hospital in the State, without accompanying the same by purchasing of the duly constituted agent therefor a tag, paying for a moose five dollars, for a deer two dollars, * * * and fifty cents for a pair of game birds. The commissioners of inland fisheries and game may appoint agents in convenient localities who may sell these tags, under such rules and regulations as the commissioners may adopt. * * * : MAINE—MARYLAND. 97 Deer, sale under license: Src. 27. Any marketman or provision dealer, having an established place of business in this State, may purchase and have in his possession at his said place of business not more than three deer, lawfully killed or destroyed, or any part thereof, at one time, and may sell the same at retail to his local custom- ers, provided, however, that said marketman or provision dealer, shall have procured a license of the commissioners of inland fisheries and game to carry on said business of buying and selling deer as aforesaid; and provided further, that said marketmen shall record ina book kept for that purpose, and open to the inspection of inland fish and game wardens and the commissioners of inland fisheries and game, the name and residence of each person of whom he purchases any inland fish or game and the date of such purchase; and if any marketman or provision dealer shall violate the provisions of this section, he shall be fined five hundred dollars for each offense and be prohibited for five years thereafter from the benefits of this section. All market- men or provision dealers licensed as aforesaid shall pay to the commissioners, in cities and towns of over three thousand inhabitants, five dollars annually, and three dollars in all other places; or instead of this fee, the commissioners may, at their discretion, issue licenses authorizing the retailing of deer as above specified, on pay- ment of fifty cents for each deer retailed; said marketmen and provision dealers holding these licenses shall annually, on December fifteenth, make, sign, and send to the commissioners, under oath, a statement setting forth in detail the number of deer by them bought, and of whom bought, and the date of each purchase, during the time covered by their licenses; and whoever fails to make the report required in this section shall be subject to a penalty of one hundred dollars and costs. Deer-skin license: Sec. 28. The commissioners may annually issue licenses to - suitable persons to buy and sell, or tan, deer skins lawfully taken. Such persons shall keep a record of all deer skins purchased, of whom purchased, and the date of purchase, and shall report annually to the commissioners. The fee for such license shall be five dollars, to be paid to the commissioners and by them to the State treasurer; and whoever, licensed as aforesaid, unreasonably and willfully refuses to make such report, shall be punished by a fine of one hundred dollars and costs. Game defined: Src. 50. * * * The term ‘game animals’ shall be construed to mean moose, caribou and deer. Approved, March 8, 1899. MARYLAND. The general State game law, Acts of 1898, chap. 206, only contains provisions against sale of game in close seasons. The following abstracts of local laws are taken from the compilation of the game and fish laws prepared by the Maryland Game and Fish Protective Association, and are arranged alphabetically by counties. Anne Arundel. [Unlawful to sell any partridge, quail, woodcock or pheasant taken in Anne Arundel County, or to carry the same out of the county alive or dead. Penalty, $5 for each bird, or 10 days; one-half of the fine to informer, one-half to county schools. Acts 1900, chap. 151.] Caroline. [Unlawful to ship or attempt to ship out of this county at any season, any partridges, quail, woodcock, or rabbits shot or trapped in said county. Penalty, $9 for each bird, etc., so shipped. Possession by any express or transportation com- pany of any of said game is prima facie evidence of violation. Public Local Laws, 1888, Art. 6, Sees. 30, 31.] Frederick. [Unlawful to sell, barter or trade, (or to attempt the same) any pheas- ant, partridge, squirrels or woodcock that have been trapped or shot in Frederick county. Penalty, $10 for each bird, etc.; one-half to informer. Public Local Laws, 1888, Art. 11, Secs. 45, 48, 53. [Unlawful to ship or attempt to ship beyond the limits of Frederick county or to ” 98 DIGEST OF GAME LAWS FOR 1901. sell for the purpose of shipping, or to send or carry beyond said limits for the pur- pose of sale, etc., any pheasants, partridges, squirrels or woodcock shot, snared, etc., in said county. Penalty, $50 for each violation; one-half to informer. Ibid., Sees. 47, 48, 53. [Possession of any pheasant, partridge, squirrel or woodcock in Frederick county, prima facie evidence that the same was shot, trapped, etc., in said county. Ibid., Sec. 49. eee [Transportation or offer to transport any pheasants, partridges, squirrels or wood- — cock is prima facie evidence that the same were transported or shipped or offered for transportation or shipment for the purpose of sale. Ibid., Sec. 50. [Carrying of pheasants, partridges, squirrels, or woodcock from door to door is prima facie evidence that the same were offered for sale. Ibid., Sec. 51.] Kent. [Unlawful for any person or corporation in this county to ship or transport for sale beyond said county (or to attempt the same) any bird, rabbit, or squirrel killed or taken in said county without first obtaining a license. Penalty, $30 for each offense; one-half to informer. Possession of any of said game by an express or transportation company at any time is prima facie evidence of violation. Acts 1894, chap. 501, Secs. 38, 39. ] Montgomery. [Unlawful to sell for the purpose of being carried out of the county, or to carry out of the same, for the purpose of sale, any partridge, pheasant, or wild turkey. Penalty, $10 for each violation; one-half to informer. Public Local Laws, 1888, Art. 16, Secs. 56, 57. ] Queen Anne. [Unlawful to ship, or attempt to ship for sale, out of said county, at any season, any partridge, rabbit, or woodcock shot or trapped in this county, without obtaining license. Penalty, $5 for each bird so shipped or sold, payable to school fund. Possession by any transportation company prima facie evidence of yvio- | lation. Public Local Laws, 1888, Art. 18, Secs. 34, 36. ] Somerset. [Unlawful tosend or take any of the following game out of the county: Rabbit, squirrel, muskrat, partridge, pheasant, dove, woodcock, wild duck, wild goose. Penalty, $5 to $25 for each and every bird or animal. Acts 1900, chap. 203. ] Washington. [Unlawful to sell, or attempt to sell, at any time, pheasants, par- tridges, wild turkeys, deer, squirrels, or rabbits killed or trapped in Washington County, or to ship said game elsewhere to sell the same. Penalty, $10 to $20; one- half to informer. Public Local Laws, 1888, Art. 22, Secs. 32, 33, 34. ] Wicomico and Worcester. [Unlawful for any person, corporation, or company at any time to kill or expose for sale, transport, or have in possession any partridge or quail, after the same has been killed, for any purpose except for consumption as food, within Wicomico or Worcester counties; nor kill, expose for sale, or have in possession any of the above-named game with the intention of sending or transport- ing or having the same sent or transported beyond the limits of said counties. But this is not to prevent barter or sale of such game for home consumption only, by residents of said counties within the limits of said counties. Penalty, $5 to $25 for each offense, all of which is payable to informer. Public Local Laws, 1888, Art. 23, Secs. 7 and 8.] MASSACHUSETTS. Acts and Resolves of 1884, chap. 308. Propagation: Src. 2. Game artificially propagated and maintained upon lands, posted as above [with conspicuous notices that shooting or trapping is prohibited], shall be the exclusive property of the person propagating and maintaining the same, but such person shall not sell such game for food at seasons when its capture is pro- hibited by law. Penalty: Src. 3. Whoever offends against any of the provisions of this act shall be punished by a fine not exceeding twenty dollars. MASSACHUSETTS. 99 Acts and Resolves of 1886, chap. 276. Export: Src. 10. Whoever takes, carries, sends, or transports any of the birds or animals protected herein, out of this Commonwealth, the said birds or animals hav- ing been illegally taken or killed within this State, shall be punished by fine of twenty dollars. Approved, June 10, 1886. Acts and Resolves of 1890, chap. 249, p. 156. Export: Src. 2. Whoever at any time takes or sends or causes to be taken or transported beyond the limits of the Commonwealth any woodcock, quail or ruffed grouse taken or killed within the Commonwealth, or has in possession any such bird or birds with intent to take or cause the same to be taken out of the Common- wealth, shall be punished by a fine of ten dollars for every bird so had in posses- sion or taken or caused to be taken or sent beyond the limits of the Commonwealth as aforesaid. Approved, April 30, 1890. Acts and Resolves of 1900, chap. 379, pp. 320-321. Sale: Src. 2. For a period of three years after the passage of this act it shall also be unlawful to buy, sell, offer for sale, or have in possession for sale, any woodcock, or ruffed grouse, commonly called partridge, whenever or wherever the said birds may have been taken or killed. Sec. 3. It shall be unlawful to take or kill or have in possession, or buy, sell or offer for sale, a quail, between the first day of December and the first day of Octo- ber following, whenever or wherever such bird may have been taken or killed: Provided, however, that any person, firm or corporation dealing in game or engaged in the cold storage business may buy, sell or have in possession, and any person may buy from such person, firm or corporation, and have in possession if so bought, quail from the first day of December to the first day of May, if such quail were not taken or killed in this Commonwealth contrary to the provisions of this act; and any person, firm or corporation dealing in game or engaged in the cold storage busi- ness may have quail in possession on cold storage at any season, if such quail were not taken or killed in this Commonwealth contrary to the provisions of this act. Sec. 4. It shall be unlawful to take or kill a pinnated grouse at any time, ora wood or summer duck, black duck or teal, between the first day of March and the first day of September, or any other of the so-called duck species, between the twen- tieth day of May and the first day of September, or to buy, sell or have in possession any of the birds named in this section during the time within which the taking or killing thereof is prohibited, whenever or wherever such birds may have been taken or killed: Provided, however, that any person, firm or corporation dealing in game or engaged in the cold storage business may buy, sell or have in possession, and any _person may buy from such person, firm or corporation, and have in possession if so bought, pinnated grouse, wild pigeons and any of the so-called shore, marsh or beach birds, or any of the so-called duck species, at any season, if such birds were not taken or killed in this Commonwealth contrary to the provisions of this act. Penalty: Sec. 5. Whoever takes or kills, or buys or sells or offers for sale, or has in possession, or has in possession for sale, any bird contrary to the provisions of this act, shall be punished by a fine of twenty dollars for every bird so taken or killed, or bought or sold or offered for saie, or had in possession, or had in possession for sale. Approved, June 13, 1900. 100 DIGEST OF GAME LAWS FOR 1901. Acts and Resolves of 1901, chap. 102. — Sale: Whoever kills a gray squirrel, hare or rabbit, between the first day of March and the first day of October, or within said time buys, sells or offers for sale any of said animals, shall be punished by a fine of ten dollars: Provided, however, that any person, firm or corporation, dealing in game or engaged in the cold storage business may buy, sell or have in possession, and any person may buy from such person, firm or corporation, and have in possession if so bought, Colorado jack rab- bits, Nova Scotia white or eastern white rabbits at any season, if not taken or killed. in this Commonwealth contrary to the provisions of this act. MICHIGAN. Public Acts of 1893, No. 196, pp. 312-314. Property of State: Sec. 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. . Export: Sec. 2. No person, company or corporation shall at any time catch, take or kill, or have in possession of or under control, any of the birds, game or fish of this State, the killing of which is at any time or at all times prohibited by law, with intent to ship the same beyond the limits of this State, or with intent to allow or aid in their shipment out of this State, or shall ship or intentionally allow or aid in their shipment out of this State:: *) * * Possession: Src. 3. No person shall at any time have in possession or under con- trol any bird, game or fish caught, taken or killed outside of this State, which was caught, taken or killed at any time, in a manner or for a purpose forbidden by the laws of the State, Territory or country where the same was caught, taken or killed, or which was shipped out of said State, Territory or country in violation of the laws thereof. Src. 4. The possession or having under control of any kind of bird, game or fish, the killing of which is at any time or at all times prohibited by the laws of this State, shall be prima facie evidence that it was killed in this State, to disprove which it shall be necessary to show by the testimony of the party who actually caught, took or killed the same that it was killed outside of this State. Whenever it shall appear that any bird, game or fish of a kind the killing of which is at any time or at all times prohibited by the laws of this State, was caught, taken or killed outside of this State, it shall be prima facie evidence that such bird, game or fish was caught, taken or killed at a time, in a manner and for a purpose prohibited by the laws of the State, Territory or country where it was caught, taken. or killed, and was shipped out of said State, Territory or country in violation of the laws thereof. * * * Propagation: Src. 5. No person, company or corporation shall sell, or attempt to sell, or expose for sale, or have in possession or under control, for the purpose of selling or exposing for sale, any kind of bird, game or fish at any time when the taking, catching or killing of such kind of birds, game or fish is prohibited by the laws of this State: Provided, however, That nothing in this act shall prevent the taking or catching alive of birds, game or fish for domestication, propagation or breeding purposes. Penalties: Src. 6. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a MICHIGAN. 101 fine of not less than ten dollars and not more than fifty doMars, and the costs of prosecution, and in default of payment thereof shall be confined in the county jail until such fine and costs shall be paid; but such confinement shall not exceed thirty days. Approved, June 1, 1895. Public Acts of 1901, H. B. No. 104. Sale: Src. 4. No person shall by himself, his clerk, servant or agent, expose or keep for sale, or directly or indirectly, upon any pretense or any device, sell or bar- ter, or in consideration of the purchase of any other property, give to any other person any of the protected animals or birds mentioned in this act within the State of Michigan. [These animals and birds are deer, elk, moose, caribou, squirrel— fox, black, or gray—mourning dove, Antwerp or homing pigeon, pinnated grouse or prairie chicken, Mongolian and English pheasants, wild turkey, wild pigeon, ruffed grouse (partridge), colin (quail), spruce hen, woodcock, wild duck, wild goose, brant, snipe, plover, any kind of wild water fowl. |] Game birds defined: Src. 15. The term ‘‘game bird’’ used in this act shall be considered to mean all birds named or referred to [see list in sec. 4] except those referred to in section 14 [insectivorous species]. Possession: Sec. 17. It shall be lawful for any person to have at any time in pos- session the dead body or carcass, or skin, or any portion thereof, of any animal or bird mentioned or referred to in this act for scientific purposes, or as specimens, or for his own consumption: Provided, That any person engaged in rearing any of the animals mentioned in this act, within an enclosure, may kill for his own use and - consumption at any time, any of said animals, and may sell and transport alive any of said animals when accompanied by a permit from the State Fish and Game War- den; and it shall be the duty of the said State Fish and Game Warden to issue such permits upon application, when satisfied that such animals were so reared within an enclosure. Permits: Src. 19. The State Game and Fish Warden is hereby given authority to issue permits for the transportation and sale of deer skins at any season of the year when satisfied such hides were killed at a lawful time and in a lawful manner; each hide so transported or sold shall have attached to it the original license tag while being so transported or sold. All game or game birds transported under cover, shall be plainly marked on the outside of package such game or game birds are shipped in, with the name of the consignor and the consignee, the initial point of billing and the destination, together with an itemized statement of the quantity of game or game birds contained therein. Offense, Evidence: Src. 20. The injuring, destruction or killing or capturing of each animal or bird injured, captured, 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. In all prose- cutions for a violation of any of the provisions of this act, proof of the possession of the dead body or carcass, or skin, or any portion thereof of any animal or bird mentioned or referred to in this act, at a time when the killing thereof is unlawful, shall be prima facie evidence that such animal or bird was killed at a time when the killing thereof was prohibited by law. All person violating any of the provisions of this act, whether as principal, agent, servant or employe, shall be equally liable as principal, and any person or principal shall be liable for any violation of any of the provisions of this act, by his agent, servant or employe, done under his direction or knowledge. Permits: Src. 21. The State Game and Fish Warden is hereby given authority to issue permits to any person to take, capture or kill any animal or bird mentioned in this act, at any time when satisfied such person desires the same exclusively as 102 DIGEST OF GAME LAWS FOR 1901. specimens or for scientific or propagating purposes. Such permit shall be in writing and shall state the kind and number to be taken and the manner of taking, the name of the person to whom issued, and shall be signed by him and have attached the seal of his department; such permits shall not be transferable, nor shall it be lawful - to sell or barter any of the birds or animals taken under such permit, and the holder of such permit shall be liable to the penalties provided in this act if he violates any of its provisions. . Src. 22. The State Game and Fish Warden may issue permits to the trustees or custodian of any public park to transport out of this State any bird or animal held in such park, when satisfied that such transfer is for the purpose of exchange with other public parks outside of this State for other specimens for free exhibition in this State; such permits shall not be transferable and shall be in writing and issued under the seal of his department, and shall state the name and location of the public park, to whom issued, the kind and number of birds or animals to be so transferred, the name and location of the public park to whom transferred, and the kind and number of birds or animals for which exchange is made. Penalties: Sec. 23. Any person or persons violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof, for the first offense, shall be punished by a fine of not less than ten dollars and not exceed- ing one hundred dollars, together with costs of prosecution, or by imprisonment in the county jail not exceeding ninety days, or by both such fine and imprisonment, in the discretion of the court; and for the second, or any subsequent offense, shall upon conviction be punished by a fine of not less than fifty dollars and not exceed- ing two hundred dollars, or by imprisonment in the county jail not exceeding one year, or by both such fine and imprisonment, in the discretion of the court, and in all cases when a fine and costs is imposed the court shall sentence the offender to be confined in the county jail until such fine and costs are pa‘d, for any period not exceeding the maximum jail penalty provided for such offense. Approved ——, 1901. MINNESOTA. General Laws of 1897, chap. 221, as amended by General Laws of 1901. Property of State: Src. 9. 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, animals or fish within this State of the kinds herein mentioned, but they shall always and under all circumstances be and remain the property of this State. By killing, catching or taking the same, however, in the manner and for the purposes herein authorized, and during the periods when their killing is not herein prohibited, the same may be used at the time, in the manner, and for the purposes herein expressly authorized, but not otherwise; and whenever any person kills, catches, takes, ships or has in his possession, or under control, any of the birds, animals or fish mentioned in this act at a time or in a manner prohibited by this act, such person shall thereby forfeit and lose all his right to the use and possession of such bird, animal or fish, and the State shall be entitled to the sole possession thereof. Sale: Src. 10 [as amended by Laws of 1901; chap. 35]. * * * Itshall be unlawful and is prohibited to catch, take, kill, or have in possession or ship any turtle dove, . snipe, prairie chicken or pinnated grouse, white-breasted or sharp-tailed grouse, between the first day of November and the first day of September following; or any quail, partridge, ruffled grouse or pheasant between the first day of December and the first day of October following; or woodcock, upland plover, between the thirty-first (31st) day of October and the fourth day of July following; or any Mongolian, English or Chinese pheasant any time prior to the first day of Sep- MINNESOTA. 103 tember, A. D. one thousand nine hundred and four (1904); or any wild duck of any variety, or any variety of wild goose, brant, or any variety of aquatic fowl © whatever, between the first day of January and the first day of September following. 4 The sale, exposing for sale, having in possession with intent to sell, or the ship- ment to any person, either within or without the State, by common or private car- rier, of any quail, ruffled or sharp-tailed grouse, prairie chicken or ruffled grouse, sometimes known as partridge or pheasant, wild duck of any variety, or any variety of wild goose, brant, or any variety of aquatic fowl whatever, is hereby prohibited and made unlawful. Except that when the birds mentioned in this section have been lawfully caught, taken and killed within the time herein allowed, they may be had in possession for ten (10) days after the time hereinbefore limited for use as herein specified, and not otherwise. Whoever shall offend against any of the provi- sions 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 (30) days for each and every bird so caught, taken or killed, shipped or had in possession or under control. Export: Src. 13. No person shall at any time catch, take, kill, receive or have in possession or under control any of the birds in this act mentioned, caught, taken or killed in this State, with intent to ship the same beyond the limits of this State, or with intent to allow or aid in their shipment out of this State, or ship the same out of this State. Whoever shall offend against the provisions of this section shall be guilty of a mis- demeanor, 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 (30) days for each and every bird so caught, taken, killed or had in possession or under control, or shipped or allowed or aided to be shipped. Deer, Elk: Src. 14 [as amended by Laws of 1901, chap. 229]. No person shall q hunt, catch, take, kill, ship or have in possession, any elk, at any time, except that } deer may be killed between November the 10th and November 30th of the same year, but no person shall kill more than three (3) deer in any one season; provided, that no buck, doe, deer or fawn shall be offered for sale or sold at any time. And provided further, that when any deer has been lawfully killed, they may be had in possession for five (5) days after the time herein limited for killing the same, and be used in the manner herein allowed, but not otherwise. It shall be and is hereby made unlawful for any person to ship or cause to be conveyed by any public or private conveyance, at any time, any elk, moose, caribou or deer, or any part thereof, except the same is in the control of and accompanied by some person in charge thereof, other than an employe of a common carrier. Provided, further, that it shall be and it is hereby made unlawful for any person to ship or cause to be conveyed in any manner aforesaid any of such animals in excess of three (3) in number, during any one (1) year, from and after November 10th, and whoever shall offend against any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished with a fine of not less than fifty (50) dollars, nor more than one hundred ($100) dollars and cost of prosecution, or by imprisonment in the county jail for not less than sixty (60) nor more than ninety (90) days for each and every deer, fawn or elk, or any part thereof, including the hideand horns, so caught, killed, taken, shipped or had in possession or under control. Provided, further, the shipment by express, by private or public carrier, to any per- son within the State, when the party accompanies the shipment on the same train or conveyance, shall not be deemed a violation of this section. — Moose, Caribou: Src. 15. [as amended by Laws of 1901, chap. 229] No person 4 shall hunt, catch, kill, ship or have in possession or under control at any time, 104 DIGEST OF GAME LAWS FOR 1901. any moose or caribou, except that male moose and male caribou may be killed between the 15th day of November and the 20th day of November, in the same year, but no person shall kill more than one (1) moose and one (1) caribou in any one season. And provided further, that when any male moose or male caribou haye been lawfully killed, they may be had in possession for five (5) days after the time herein limited for killing the same, and be used in the manner herein allowed, but not otherwise. Whoever shall offend against any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred ($100) dollars nor more than three hun- dred ($300) dollars and costs of prosecution, or by imprisonment in the county jail for not less than ninety (90) nor more than two hundred (200) days for each and every moose or caribou, or any part thereof, including the hide and horns, caught, taken, killed, shipped or had in possession or under control. Export of big game: Src. 18. No person shall at any time catch, take, kill or have in possession or under control any elk, deer, moose or caribou, or any part thereof, caught, taken or killed in this State, with intent to ship the same beyond the limits of this State, or with intent to allow or aid in their shipment out of this ies or shall ship or allow or aid in their shipment out of this State. Whoever shall offend against any of this [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 fifty (50) dollars nor more than one hundred (100) dollars and costs of prosecution, or by imprisonment in the county jail for not less than sixty (60) days nor more than ninety (90) days, for each and every deer, moose, caribou or any part of the same so caught, taken or killed, or had in possession or under control, or so shipped, or allowed to be shipped, or aided to be shipped. Possession: Src. 19. Any person who is legally in possession of any of the birds or animals herein mentioned which have been caught, taken and killed at a time and in a manner permitted by the provisions of this act, and who is desirous of retaining possession of the same for his own use after the time hereinafter limited when they may be had in possession, and who shall, before the expiration of the five days hereinbefore limited within which they may be had in possession, make appli- cation to the board of game and fish commissioners for leave to retain the same, which application shall be in writing and signed and sworn to by the appa and shall state: First—The name and residence of the person in possession of such birds or animals. Second—The number, kinds and location of said birds or animals, which unless [number] shall not exceed one hundred birds, three deer, one moose and one caribou for each applicant. Third—That if permitted to retain the same by said board the applicant will keep in possession of said birds and animals for his own use, and will not ship, sell or dis- pose of the same. If said board is satisfied that said application is made in good faith, and said appli- cant will keep said birds or animals for his own use and not for sale, the said board shall cause tags or seals which cannot be duplicated by others, and which cannot be removed without destroying the same to be attached to each bird or animal, not exceeding one hundred birds, three deer, one moose, one caribou for each applicant. The person making such application shall, before said tags or seals are attached, pay to said board the reasonable expense of making and attaching such tags or seals. After such tags or seals have been so attached as aforesaid by said board, and the person who made such application keeps possession of such birds or animals for his own use and does not ship, sell or dispose of the same, and such tags or seals remain upon said birds or animals, he may retain possession of such birds or animals until consumed. Any person who shall ship, sell or dispose of any birds or animals which have MINNESOTA. 105 been tagged or sealed as aforesaid shall be guilty of a misdemeanor, and upon con- viction thereof shall be punished by a fine of not less than twenty-five (25) dollars nor more than fifty (50) dollars and costs of prosecution, or by imprisonment in the county jail for not less than thirty (30) days nor more than sixty days for each and eyery bird or animal so shipped or sold or disposed of. Imported game: Sec. 32. 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. 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 fifty (50) dollars and costs of prosecution, or by imprisonment in the county jail for not less than ten (10) days nor more than sixty (60) days for each and every such bird, animal or fish had in possession or under control. Evidence: Src. 33. The possession or haying under control any bird, animal or fish of any kind, the killing of which is at any or all times herein prohibited, shall be prima facie evidence that it was the property of this State at the time it was caught, taken or killed, and that it was caught, taken and killed in this State. * * * When- ever it shall appear that any bird, animal or fish of any of the kinds the killing of which is at any or all times herein prohibited was caught, taken or killed outside of this State, it shall be prima facie evidence that at the time it was caught, taken or killed it was the property of the State, Territory or country in which it was caught, taken or killed, and that such bird, animal or fish was caught, taken or killed at a time, in a manner or for a purpose prohibited by the laws of the State, Territory or country where it was caught, taken or killed, and that it was shipped out of said State, Territory or country in violation of the law thereof. * * * Notification: Src. 34. It shall be the duty of every common carrier, its agents a all other persons, whenever any bird, animal or fish of any of the ate the killing of which is at any or all times herein prohibited, is, in violation of law, offered for transportation or had in possession for such purpose, or is shipped, to at once notify the board of game and fish commissioners of this State, or one of the game wardens appointed by them, of the name and residence of the party making such shipment, the place from whence shipped and the name and residence of the party to whom shipped, and the kinds of birds, animals or fish so shipped. 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 fifty (50) dollars nor more than one hundred dollars and costs of prosecution, or by imprisonment in the county jail for not less than sixty (60) days nor more than ninety (90) days. Parts of game: Sec. 35. Allsections of this act relating to the having in possession or under control of any bird, animal or fish, or to the shipment thereof out of or into this state, shall be construed to include any and all parts of the flesh or meat thereof. Seizure: Sec. 36. Any bird, animal or fish mentioned in this act caught, killed, shipped or had in possession or under control contrary to any provision of this act is hereby declared to be and shall be contraband, and it shall be the duty of all mem- bers of the board of game and fish commissioners, all game wardens, sheriffs and their deputies, constables and police officers of this State, at any and all times, to seize and take possession of any and all birds, animals or fish which have been caught, taken or killed at a time, in a manner or for a purpose, or had in possession or under control, or have been shipped contrary to any provision of this act. * * * Attempt to violate: Src. 45. Any attempt to violate any of the provisions of any section of this act shail be deemed a violation of such provision and punishable in the same manner as a violation of such provision is punishable. - ! 106 DIGEST OF GAME LAWS FOR 1901. Domesticated game: Src. 49. The provisions of this act shall not apply to domes- ticated birds or animals. * * * Approved, April 23, 1897. General Laws of 1899, chap. 161, pp. 167-168. Breeding deer: Suc. 1. That all breeders or domesticators may after being and known to have been in the business of breeding and domesticating deer for a period of three (3) years have the right to sell, kill, dispose of and ship any deer, carcass, saddle or part of venison in the manner herein provided for; provided, that none but male deer shall be killed and sold as venison in all seasons of the year. Src. 2. That all breeders and domesticators shall be recorded by filing a sworn statement with the game and fish commissioner of this state, giving the place of residence, time of commencement of breeding and stating whether stock is domesti- cated or native. Sec. 3. That all breeders or domesticators shall tag by number all deer, carcass, saddle or parts of venison before leaving the place of breeding; said tag shall be put ‘onuby, seal;; =) x7 0* : Src. 4. That all breeders or domesticators shall make a report to the game and fish commissioner on the first day of January of each year, giving number of deer owned, sold or disposed of and the number of males and females on hand. Approved April 11, 1899. MISSISSIPPI. Annotated Code 1892, chap. 54, p. 538. Game defined: Src. 2118. The term ‘‘game”’ includes all kinds of animals and birds found in the state of nature, and commonly so called. * * * [No general prohibitions against transportation or sale. | MISSOURI. Laws of 1901, p. 131. Sale: Sec. 2. * * * It is declared unlawful for any person to sell or offer to sell, buy or offer to buy any quail, pinnated grouse, prairie chicken, wild deer or wild turkey in this state for a period of five years from the passage of this act: Provided, — this section shall not apply to game shipped into this state from any other state or territory. Any person found guilty of a violation of the provisions of this section shall be fined in a sum not less than twenty-five dollars nor more than one hundred dollars. Shipment: Sec. 3. It shall be unlawful for any person to sell or attempt to sell for the purpose of shipping outside of the counties where killed, or to carry, transport or ship, or attempt to carry, transport or ship, from the county where killed to any other county or city in this state, or any point outside of this state any quail, pinnated grouse, prairie chicken, wild deer or wild turkey: Provided, this section shall not apply to game shipped into this state from any other state or territory. Sec. 4. It shall be unlawful for any railroad or express company, or agent thereof, to receive for shipment, or convey from one county to another, any quail, pinnated grouse, prairie chicken, wild deer or wild turkey killed within this state: Provided, this section shall not apply to game shipped into this state from any other state or territory. Any person or employe, or agent of any corporation violating any of the provisions of sections 2 and 3 of this act shall be deemed guilty of a misdemeanor, and upon conviction, be punished by a fine of not less than twenty-five nor more than one hundred dollars. Approved March 23, 1901. MONTANA—NEBRASKA. 107 MONTANA. Laws of 1897, pp. 251, 253. Trapping for sale: Src. 8. That any person who shall willfully catch, trap or other- wise restrain, for the purpose of sale or domestication or any other purpose, any buffalo, elk, moose, or mountain sheep within the State, shall be deemed guilty of a misde- meanor and be fined not more than Five Hundred Dollars nor less than One Hun- dred Dollars, and shall be imprisoned in the county jail not exceeding six months or by both such fine and imprisonment for each offense committed in the discretion of the court. . Receiving for shipment: Src. 17. Any person or persons, agent or employees, of any stage or express company, or railroad company, or association of persons, who shall receive for transportation or carriage, or shall sell or offer for sale, fish or game that have been taken or killed contrary to the provisions of this Act, knowing or haying reason to believe that such fish or game were so illegally caught, taken or killed, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not less than One Hundred Dollars, or more than Three Hun- dred Dollars for each lot or shipment of fish or game so transported or carried, or be imprisoned in the county jail for not less than ninety days, or both in the discretion of the court. Sale: Src. 19. Every person who shall sell or offer for sale, any of the birds or animals or any part thereof mentioned in sections 1, 2, 3,4,5and 6 of this Act [deer, elk, moose, caribou, antelope, bison, buffalo, mountain sheep, Rocky Mountain goat, quail, partridge, grouse, prairie chicken, fool hen, sage hen, pheasant, Chinese pheasant, wild duck, wild goose, brant, swan], is punishable by a fine of not less than Twenty-five Dollars or more than Two Hundred and Fifty Dollars, or by imprisonment in the county jail for not less than thirty days, nor more than ninety days, or both such fine and imprisonment in the discretion of the court. Approved, March 8, 1897. NEBRASKA. Laws of 1901, chap. Ba ARTICLE I. Property of State: Src. 9. All fish or game, song, insectivorous or other birds now or hereafter within this state not held by private ownership, legally acquired, and which for the purpose of this act shall include all the quadrupeds, birds and fish mentioned in this act, are hereby declared to be 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. - Definitions: Src. 11. As used in this act, unless otherwise specifically restricted or enlarged, the words herein and hereof refer to the whole act; the words person, “owner, proprietor, grantee, lessee, or licensee include a firm, association, corporation or municipality; the word commissioner means the state game and fish commissioner or deputy commissioners provided for herein; the word officer includes every person authorized to enforce this act; and whenever the possession, use, importation, trans- portation, storage, taxidermy, for millinery purposes, sale, offering or exposing for sale of fish or game, song, insectivorous or other birds is prohibited or restricted, the prohibition or restriction shall, where not specifically otherwise provided extend to and include every part of such fish or game, song, insectivorous or other bird, and a violation as to each individual animal or bird or part thereof shall be a separate offense, and two or more offenses may be charged in the same complaint, informa- tion or indictment, and proof as to a part of an animal shall be sufficient to sustain a 108 DIGEST OF GAME LAWS FOR 1901. charge as to the whole of it; and violations as to any number of animals or birds of the same kind may be charged in the same count and punished as a separate offense as to each animal. : Evidence: Src. 12. The possession at any time of fish or game, song, insectivorous or other birds unaccompanied by a proper and valid license, certificate, permit or invoice, as herein provided, shall be prima facie evidence that such fish or game, song, insectivorous or other bird was unlawiully taken and is unlawfully held in pos- session and it shall be the duty of every person haying the possession or control of fish or game, song, insectivorous or other birds to produce the proper license, certfi- cate permit or Invoice, when one is required by this act, on demand of any officer, and to permit the same to be inspected and copied by hin. ARTICLE II. Prohibitions, sale: Sec. 1. No person shall at any time of the year, or in any manner, pursue, take, wound or kill any elk, deer, antelope or beaver, or any of the following wild birds, viz.; Turkey, prairie chicken, sage chicken, grouse, quail, pheasant, partridge, ptarmigan, duck, goose, brant, swan, crane, waterfowl, wild pigeon, dove, snipes, or curlew, or any song, insectivorous or other bird, or any trout, white fish grayling, sunfish, bass, catfish, wall-eyed pike, pickerel, croppi, or other food fish, ship or sell, offer or expose for sale or have the same in possession, except as permitted by this act. Game for food only: Ssc. 4. i 23 Es 23 6. Except as otherwise provided by this act, the right given by this section to take or kill game and fish is limited to food purposes. * * * Sale: Sec. 7. It shall be unlawful for any corporation, company, association, person or persons, or its, his or their officers, agents, servants or employes, to sell, expose for sale, or to have in its, his or their possession or control, any wild elk, deer-or antelope, grouse, pheasant, prairie chicken, quail, wild turkey, wild goose, brant or any wild duck, or any of the birds, animals or fish protected by this act, except during the open season hereinbefore defined or otherwise provided, and the period of five days next succeeding the close of such season. Every corporation, company, association, its officers, agents, employes, and each of them, and any person or per- sons, his or their agents and employes, and each of them violating any of the pro- “visions of this section, shall be deemed guilty of a misdemeanor, and on conviction be fined twenty-five dollars for each and every such animal so sold, exposed for sale or so had in its, his or their possession or control, and shall on conviction be fined five dollars for each and every such bird sold, exposed for sale, or so had in its, his or their possession or control. Export: Sec.8. * * * No transportation company or common carrier shall receive for transportation or shipment out of the state any birds, fowls or animals protected by the laws of the state, except when the same shall be in the personal possession of, or carried as baggage or express by the owners thereof, and such own- ers [sic] shall have in his possession at the time of such taking out of the state a non-resident license duly issued to him under the provisions of law, and the number and kind of birds and fish so carried out of the state should be endorsed on the license of [the] person entitled totake them out, and said persons [sic] shallaccompany the said birds, fowls or animals on the same train or other conveyance of the com- mon carrier beyond the borders of the state. Any person who shall violate any of the provisions of this section shall be punished by a fine of not less than fifty dollars nor more than one hundred dollars, or by imprisonment in the county jail not more than sixty days. Shipment: Sec. 9. It is unlawful for any person a resident of this state to ship or take within or without this state any birds, fowls or animals protected by the laws NEBRASKA. 109 of this state, except when accompanied by the same and in his possession on the same train, as provided for in this act. Any person who shall violate any of the provisions of this section shall be punished by a fine of five dollars for each bird so shipped or taken, or by imprisonment in the county jail not more than ninety days. Marking packages: Src. 10. It is hereby required that any and all packages con- taining fish or game shall be labeled in plain letters on the address side of the pack- age, so as to disclose the fact that said package contains fish or game, and the amount of said fish or game so contained in said package. Any person who shall deliver to a common carrier for transportation any package or parcel containing fish or game, which said package or parcel shall not be so labeled as herein required, or who shall place upon said package or parcel a false statement as to the contents thereof, shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment in the county jail not more than thirty days. Sec. 11. Every person delivering to a common carrier a package or parcel contain- ing fish or game, shall place upon said package the name and address of the owner or consigner of said package or parcel, and also place upon such package a descrip- tion of the contents thereon [thereof], containing the number of birds or animals of each kind and the number of fish of each variety. Any person violating the provisions of this section, shall upon conviction thereof, be punished by a fine of not less than ten dollars nor more than fifty dollars. Unmarked packages: Src. 12. It shall be unlawful and is hereby prohibited for any common carrier or agent, servant or employe of a common carrier, to receive for transportation or transport any package or parcel containing fish or game unless the same shall be labeled as provided in sections 10 and 11 of this article. Any person, firm or corporation violating the provisions of this section shall forfeit to the State of Nebraska a sum not less than twenty-five dollars nor more than one hundred dollars, in the discretion of the court. Importation: Sec. 13. It shall be unlawful and is hereby prohibited for any person, firm or corporation acting as common carrier, to bring into this state any fish or game from any state during the time that such other state prohibits the trans- portation of such fish or game from said state to a point without the same. Any person, firm or corporation violating the provisions of this section shall forfeit to the state the sum of not less than twenty-five dollars nor more than one hundred dollars in the discretion of the court. Game in transit: Sec. 14. It shall be unlawful and is prohibited for any person, firm or corporation or common carrier to ship into or through this state from any other state any fish or game prohibited by the laws of said state to be shipped or transported and it shall be the duty of the state fish and game commissioner of this state or his deputy to seize, hold and dispose of, according to the laws of this state, any fish or game brought into or shipped into this state, or carried through, or attempted to be carried through this state, prohibited to be so shipped or transported by the laws of any other state, and further to dispose of the same according to the laws of this state. Any person, firm or corporation violating the provisions of this act shall upon conviction thereof be fined in any sum not less than twenty-five dollars nor more than one hundred dollars, in the discretion of the court. Shipment: Src. 15. Any person, company or corporation, or any agent or servant of the same who shall, for compensation or otherwise, transport or offer or receive for shipment or transportation any animals, fish, fowls or birds for which a closed season is provided by law, during such closed season, or who shall transport or offer or receive for shipment or transportation to any place beyond this state any animals, fish, fowls or birds for which an open season is provided by law, during such open season, except as provided in section eight (8) of this article, shall forfeit not less than twenty-five dollars nor more than one hundred dollars for each such violation, to be recovered in a civil action brought in the name of the state fish and game com- 110 DIGEST OF GAME LAWS FOR 1901. missioner or one of his deputies. The possession of any such animals, fowls or birds during the closed season therefor, for a shipment or in transit, shall be prima facie evidence of the violation of thissection. Provided, however, that game and fish law- fully killed or taken during the open season may be lawfully carried out of the state at any time during the five days next following the end of such open season, under — the provisions and restrictions hereinbefore provided. It shall be the duty of every person, whenever any animal, fish or game of any of the kinds the taking, catching or killing of which is prohibited by law at any or at all times (except during the periods in which the same may be lawifully taken, caught or killed), is offered to him for transportation out of the state, to at once notify and give full particulars concern- ing such offer and by whom made, to the state fish and game commissioner or one of his deputies. All sections of this act relating to the having in possession or under control, or the sale, shipment or transportation of any animal, fish, water-fowl or bird, shall be construed to include any and all parts of the flesh and meat thereof. Storage: Src. 16. It shall be unlawful to store or to receive for storage any game or fish within this state, except as follows, to-wit: ; (1) During the open season for such game or fish, and for five days thereafter, when the same is stored for the person lawfully in possession thereof. (2) At any time of the year when the same has been lawiully imported into this state. Whoever violates any of the provisions of this section shall upon conviction thereof be fined in any sum not less than fifty dollars nor more than one hundred dollars or be imprisoned in the jail of the proper county not exceeding ninety days. — Hotels, etc.: Sec. 17. No game or fish shall be held in possession of or placed upon the table of any hotel, restaurant, cafe, or boarding house, or named on its menu or bill of fare as food for its patrons, either under the name used in this act or- under any other name or guise whatever except during the open season therefor and for the period of five days thereafter. Provided that game and fish confiscated under the provisions of this act shall be delivered to one or more of the public institutions for the care of the unfortunate or other charitable institutions. Whoever violates any of the provisions of this sectior shall upon conviction thereof be fined in any sum not exceeding one hundred dollars, or be imprisoned in the jail of the proper county not exceeding thirty days. ARTICLE IV. License: Suc. 2. It shall be unlawful for any person not a bona fide resident of this state to pursue, hunt, kill or wound within this state any of the animals, birds ~ or fish, or to fish for, or take out of this state any of the birds or fish protected by | this act, except in accordance with the provisions hereof and without first having procured a license therefor, as in this act provided. Whoever violates the provi- sions of this section shall be punished by a fine not exceeding one hundred ($100) dollars or by imprisonment in the jail of the proper county not exceeding sixty (60) days for each of such offenses. And sor the purpose of this section every such - unlawful shipment, or offer for shipment and such unlawful hunting and fishing in each calendar day shall be deemed a separate offense. Shipping under license: Src. 5. The holder of any license authorizing him to ship or transport game or fish to any point outside of this state shall upon offering any such game or fish for shipment to any common carrier present to the agent, servant or representative of such carrier a true invoice of such shipment showing the number and kind of birds and the number and variety of fish thereof and shall at the same time deliver to such agent, servant or representative, his license issued pur- suant to this act, and such agent, servant or representative shall at the time of receiving such consignment of game or fish, endorse upon such license with ink, the NEBRASKA—NEVADA. Ttl date of the receipt of such consignment with the number and varieties of such game or fish, so shipped or offered for shipment, together with the name of the consignee, and the point to which consigned. Every person shipping or offering for shipment or receiving as consignee or as agent, servant or representative of any common car- rier any game or fish in violation of this act shall upon conviction thereof be fined in any sum not exceeding one hundred dollars or be imprisoned in the jail of the proper county not exceeding sixty days. And every common carrier receiving for shipment or transportation any game or fish in violation of this section shall pay to the State of Nebraska, not less than fifty ($50) dollars nor more than one hundred ($100) dollars. * * * Approved — In force July 1, 1901. NEVADA. Statutes of 1901, chap. CX, pp. 122-124. Sale: Src. 7. It shall be unlawful at any time of the year for any person or persons, firm, company, tavern or hotel keeper, restaurant, or eating-house keeper, butcher, market man, or cold storage company to buy, sell, expose or offer for sale, or have in his or their possession for the purpose of sale, barter, exchange or trade, any dove, sagehen, prairie chicken, grouse, quail, pheasant, wild duck, wild goose, woodcock, sandhill crane, snipe, curlew, plover or bittern. Hides: Sxc. 11. It shall be unlawful for any person or persons, firm, company, corporation, or association at any and all times of the year to sell, buy, offer or expose for sale, transport, or carry, or have in his or their possession any deer cr antelope, or any deer or antelope skin or hide from jvhich the evidence of sex has been removed. Shipping big game: Sec. 12. It shall be unlawful for any person or persons at any and all times of the year to kill, hunt, pursue, take, trap, destroy, transport, carry or have in his or their possession any female deer or fawn, female antelope or fawn, male or female caribou or fawn, male or female elk or calf, male or female mountain sheep or lamb, male or female mountain goat or kid. Sale of big game: Szxc. 13. It shall be unlawful in this State at any and all times of the year for any firm, company, tavern or hotel keeper, restaurant or eating-house keeper, butcher, market man, cold storage company or any person or persons to buy, _ sell, expose or offer for sale or have in his or their possession for the purpose of sale, barter, exchange or trade, the meat, skin, hide, horns or carcass, of any deer, ante- lope, elk, caribou, mountain sheep or mountain goat. Permits: Sec. 15. * * * Provided, that nothing in this Act shall be so construed as to prohibit any resident person or persons, firm, company, corporation or associa- tion from taking (upon a written permit from the Governor of the State) any bird, fowl or animal for the purpose of propagation or domestication or scientific purposes. Penalties: Src. 17. Any person or persons, firm, company, corporation or asso- ciation, or common carrier, violating any of the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof, be fined in any sum not less than twenty-five ($25) dollars nor more than two hundred ($200) dollars, or imprison- ment in the county jail of the county in which said conviction is had, for any term not exceeding six months, or by both such fineand imprisonment. (It shall be no defense in the prosecution for the violation of any of the provisions of this Act, that the ani- mals or birds were taken or killed outside the State of Nevada. ) Shipment: Src. 18. Every railroad company, express company, transportation company or other common carrier, their officers, agents and servants, and every other person who shall transport, carry or take out of this State, or who shall receive for the purpose of transporting fron this State any deer, buck, doe or fawn or any mountain sheep or antelope, or any quail, sage, chicken, prairie chicken, grouse, Nis a DIGEST OF GAME LAWS FOR 1901. dove, wild duck or goose, or the hide, horns, of any wild animals or the plumage of any wild birds (dead or alive) shall be guilty of a misdemeanor. Approved March 28, 1901. NEW HAMPSHIRE. Public Statutes 1901, chap. ——. Shipment: Src. 31. No person, corporation or common carrier, shall at any time, within the limits of this state, transport any moose, caribou, elk or fawn, under penalty of a fine of fifty dollars, ($50, ) but such person, corporation or common car- rier, may show in defense that such animals came in the regular course of business into their possession for transit through the state from some place without the state. Shipping deer: Sec. 32. No person, corporation or common carrier, shall transport within this state, any deer or any parts thereof except heads for mounting, unless open to view, tagged and plainly labeled with the name of the actual owner, and accompanied by him under the penalty of a fine of fifty dollars, ($50, ). : Sale, deer: Src. 33. No person shall sell any deer killed in this state, or parts thereof, except for consumption as food within the state, and no person shall buy for the purpose of selling the same, sell or give away more than two deer, killed in this state in any one season, under a penalty of one hundred dollars, ($100, ) for each offense, except that the Blue Mountain Forest Association may kill deer, elk, and moose within the confines of its game preserve, as established by chapter 258 of the laws of 1895, until January 15 of each year, and may ship them to points without the state at any time when accompanied by a certificate of the fish and game commission that they were legally killed, and the fish and game commission shall provide rules and regulations as are necessary for the carrying out of the provisions of this paragraph without any expense to the state of New Hampshire. Game birds defined: Src. 34. * * * For the purposes of this act the follow- ing only shall be considered game birds: The Anatidze, commonly known as swans, geese, brant, and river and sea ducks; the Rallidee, commonly known as rails, coots, ° mud-hens, and gallinules; the Limicole, commonly known as shore birds, plover, surf birds, snipe, woodcock, sandpipers, tatlers, and curlews; the Galline, commonly known as wild turkeys, grouse, prairie chickens, pheasants, partridges, and quails. Birds for food: Src. 42. If any person shall between the fifteenth day of December in any year and the fifteenth day of September next following, take, kill, or have in possession any woodcock, ruffed grouse, partridge, quail or Wilson snipe, or shall at any time take, kill, or have in possession any of said birds except for consumption as food within the state, he shall be fined ten dollars, ($10,) for each bird so taken or destroyed or had in possession, or imprisoned sixty days, or both. Shipment, Birds: Sec. 46. If any person, corporation or common carrier, or any of their servants or agents, while in their employ, shall have in their possession for transportation out of the state or for transportation or for any other purpose when the same are protected by law, any of the birds mentioned in this act, [quail, par- tridge, ruffed grouse, woodcock, plover, Wilson snipe, sandpiper, yellowlegs, rail, beachbirds, duck (except sheldrake)], such person, corporation or common carrier shall be fined one hundred dollars, ($100,) for each offense, but such person, corpo- ration or common carrier may show in defense that the birds came in the regular course of business lawfully into their possession for transit through the state from some place without the state. Sale, Birds: Sec. 47. If any person shall at any time within this state, buy, sell, offer or expose for sale, any woodcock, partridge, or ruffed grouse, he shall for each bird bought and sold offered for sale or had in their possession, be fined five dollars, ($5,) or be imprisoned thirty days, or both such fine and imprisonment, . Approved March 20, 1901, NEW JERSEY. 113 NEW JERSEY. Laws of 1901, chap. 76, pp. 176-177. Game birds defined: Src. 1. * * * For the purpose of this act, the follow- ing only shall be considered game birds: The anatidee, commonly known as swans, geese, brant and 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 gallinee, commonly known as wild turkeys, grouse, prairie chickens, pheasants, partridges, quails and doves,! and the species of icteridee, commonly known as reed birds. Approved March 20, 1901. ‘i Laws of 1901, chap. 120, pp. 262-268. Trapping rabbits: [Src.] 3. Nothing in this act shall be so construed as to pre- vent farmers and fruit growers from trapping rabbits in box-traps during the months of November, December, January, February and March; provided, however, that such trapping shall be done on property owned or leased for the raising of fruit by the per- son so trapping; provided, that the person so trapping shall first have made an affi- davit before a justice of the peace that rabbits have injured fruit trees, such fruit trees being on the property of the person so trapping, and shall have notified the nearest fish and game warden of his intention to so trap; and provided further, that no person shall be permitted to barter or sell any rabbits so trapped. Sale: [Suc.] 11. It shall be unlawful to have in possession, sell or offer for sale, any hare (sometimes called rabbit), quail (sometimes called partridge), ruffed grouse (sometimes called partridge or pheasant), ring-necked pheasant, English pheasant, woodcock, pinnated grouse (sometimes called prairie chicken), English or Wilson snipe, reed bird, rail bird, marsh hen, grass or upland plover, squirrel, duck, or any of the game birds or game animals enumerated in this act, after the same has been caught or trapped by means of any snare, snood, net, trap or device of any description whatsoever, or to set any snare, snood, net, trap or device for catching or trapping any such game bird or animal, under a penalty of twenty dollars for each such bird or other animal so had in possession, sold or exposed for sale, or for any trap or snare so set. Sale seasons: [Src.] 138. Whenever by this act the possession of any kind of game ig prohibited after a certain specified date or within certain specified periods of time, all sales of dealers in game for a period of thirty days after the expiration of such fixed period or specified date shall prima facie be deemed lawful, and the pen- alties herein imposed for the possession of such game shall not apply to any dealer in or the purchaser of any such game, within the extended period, unless it shall be shown that such dealer or purchaser had knowledge that such game had been unlaw- fully killed, captured or taken; nothing in this section, however, shall be construed to permit the possession, sale or purchase of game killed or taken inthis state in vio- lation of any of the provisions of this act. Propagation: [Src.] 15. Nothing in this act shall be so construed as to prevent associations or individuals from bringing into this state any birds or other animals for the purpose of propagation, or from keeping such animals until a seasonable time for their release. Export: [Sec.] 26. It shall be unlawful to remove or to attempt to remove from this state any quail, ruffed grouse, pinnated grouse, woodcock, hare, squirrel, English pheasant or ring-necked pheasant; provided, however, that this section shall not apply to common carriers carrying from beyond the confines of this state in unbroken ' Doves belong to the columbee, not the galline, 9 5037—No. 16—01 444 DIGEST OF GAME LAWS FOR 1901. pinnated grouse, woodcock, hare, squirrel or pheasant; any person guilty of any violation of this section shall be liable to a penalty of twenty dollars for every quail, ruffed grouse, pinnated grouse, woodcock, hare, squirrel or pheasant removed or sought to be removed; provided, however, that this section shall not apply to English or ring-necked pheasants killed on preserves at present established. Approved March 22, 1901. NEW MEXICO. Compiled Laws, 1897, p. 394. Sale: Src. 1362. It shall be unlawfull to sell or expose for sale, at any time, any of the game, birds or animals, the killing of which is prohibited or restricted by this act [deer, elk, antelope, mountain sheep, ibex, mountain goat, quail, par- tridge, grouse, prairie chicken, pheasant, wild turkey], or to sell the flesh, hide or any part thereof. It shall be unlawful to sell any speckled trout, or other food fish, caught in any of the public waters of the Territory: Provided, That it is not the intention of this act to prevent dealers and butchers from selling any game, birds or animals killed outside the boundaries of this Territory. In any trial for the violation of the provisions of this act, the burden of proof shall be upon such dealers or butchers to prove that such birds or animals were killed without the boundaries of this Territory. Export: Src. 1363. It shall be unlawful for any railway, express company, stage line, or public carrier, to transport outside the Territory, or receive for such transportation, any of the game, birds or animals mentioned in this act, or the flesh or hides thereof, that may be offered for such transportation at any place in this Territory. Propagation: Src. 1364. Nothing in this act shall prevent professional taxiderm- ists from killing birds or animals for the purpose of preserving the same, nor any person from capturing or taking any of said birds or animals for the purpose of domesticating or preserving the same in parks or inclosures within this Territory: Provided, Such taxidermists or other persons must prove that such birds or animals. have been preserved and used for such purpose. Birds or animals so taken for such purposes may be shipped out of the Territory, only upon written permit from some duly appointed warden of this Territory. Penalties: Src. 1365. Any person or persons, or the officer, agent or employee, of any firm or corporation, who shall violate any of the provisions of this act, shall be deemed guilty of a misdemeanor and upon conviction thereof, before any justice of the peace, or other court of competent jurisdiction, shall be punished for each offense by fine in a sum not less thantwenty-five dollars nor more than one hundred dollars, or by imprisonment in the county jail for not less than thirty, nor more than sixty days, or by both such fine and imprisonment, at the discretion of the court or justice trying the case. NEW YORK. Laws of 1900, chap. 20. ARTICLE I. QUADRUPEDS. Sale, Deer: Sec. 4. [As amended by chap. 599, Laws of 1900.] Wild deer or — venison shall not be possessed or sold from November twenty-first to August thirty- first both inclusive. Possession thereof from the sixteenth to the twentieth of November shall be presumptive evidence that the same was unlawfully taken by the possessor. . Moose, Elk, etc.: Szc. 11. [As amended by chap. 147 of the Laws of 1901. } There shall be no open season for wild moose, elk, caribou or antelope, but they NEW YORK—NORTH CAROLINA. 115 may be brought into the state for breeding purposes. The flesh or any portion of any such animal shall not be possessed, sold or transported during the close season for deer or during the open season for deer unless the animal was killed without the state or by the owner thereof in a private park within the state during the open. season for deer. Possession thereof during such open season shall be presumptive evidence that it was unlawfully taken by the possessor. * * * Penalties: Src. 16. (As amended by chap. 147, Laws of 1901.)—A person who violates any provision of this article is guilty of a misdemeanor, and in addition thereto, is hable as follows: For each violation of sections one to eleven, both inclu- Sive, to a penalty of one hundred dollars, and for each deer, elk, caribou, antelope or part of any such animal taken or possessed in violation of any provision of any of | said sections, an additional penalty of one hundred dollars; for each wild moose or part of such animal taken or possessed in violation of any provision of said sections, an additional penalty of two hundred and fifty dollars; * * * A _ person convicted of a misdemeanor for a violation of section eleven of this articie shall be punished by imprisonment for a term of not less than three months nor more than one year. ARTICLE II. BIRDS. Sale, Birds: Src. 28. Woodcock, grouse and quail shall not be sold or possessed during the close season, except in the month of December, and possession or sale thereof during the last fifteen days of December shall be presumptive evidence that they were unlawfully taken by the possessor. Shipment: Src. 29. Woodcock, grouse and quail shall not be transported within this State or into the State from a point without the State less than twenty-five miles from the State line unless accompanied by the actual owner thereof, and no person shall transport or accompany more than thirty-six grouse or thirty-six woodcock in any calendar year, or more than twelve of either kind at one time. Possession thereof by a common carrier, or employee thereof, at the time actually engaged in the business of such common carrier, unaccompanied by the actual owner thereof, shall constitute a violation of this section by such employee and common carrier. No common carrier or person in its employ shall transport such birds as owner. Export: Src. 38. [Added by chap. 235.] Birds or game, except fish, taken in this State shall not be transported without the State; nor shall the same be taken or possessed with intent to transport the same without the State. Any person doing any act with reference to such birds or game in aid of such taking or transportation with knowledge of the intention to so transport the same shall be deemed to have violated this section. Penalties: Src. 39. A person who violates any provision of this article is guilty 3 _ of a misdemeanor, and is liable to a penalty of sixty dollars and to an additional pen- _alty of twenty-five dollars for each bird or part of bird taken or possessed in viola-_ tion thereof. NORTH CAROLINA. Code, 1883, II, chap. 21, p. 235. Export: Src. 2835. No person shall export or transport from the State any quail or partridges, whether dead or alive, and any person violating this section shall be guilty of a misdemeanor, and fined not exceeding fifty dollars or imprisonment not more than thirty days for each offense. (1876-77, c. 195; 1880, ¢. 57.) Besides this general State law the following special county laws relating to ship- ment and sale are in force: County Laws. Cleveland: [Unlawful to export or transport from county partridge. Penalty not exceeding $25 or imprisonment not exceeding 20 days. Acts 1901, chap. 400, secs. 2 and 3.] 116 DIGEST OF GAME LAWS FOR 1901. Halifax: [Unlawful to buy, sell, or hunt, shoot, or trap for hire quail, partridge. Penalty not exceeding $50 or imprisonment for not exceeding 30 days. Acts 1901, chap. 538, sec. 1.] Henderson: [Unlawful to sell or export birds, game, or wild fowl of any kind. Penalty $2 to $10 or 5 to 10 days. Acts 1901, chap. 437, secs. 3, 4, and 6.] Lenoir: [Unlawful to hunt for export from saute for sale quail, partridge. Penalty not exceeding $50 or imprisonment for not less than 30 days. Acts 1895, chap. 423, secs. 1 and 2. ] Rowan: [Unlawtul for express or railroad company to receive and ship packages of game not plainly marked so as to show kind or class of ae Acts 1895, chap. 177, sec. 2. | [Unlawful to sell or export from county quail, partridge. grouse, pheasant, wild turkey, dove, woodeock. Penalty not exceeding $100 or imprisonment not exceed- ing 60 days, or both. Acts 1901, chap. 295, sees. 4, 5, and 6. ] Warren: [Unlawtul to buy, sell, or hunt, shoot, or trap for hire quail, partridge. Penalty not exceeding $50 or imprisonment for not exceeding 30 days. Acts 1901, chap. 538, sec. 1.] Yancey: [Unlawful to export from county quail, partridge. Penalty fine or imprisonment in discretion of court. Acts 1901, chap. 61, secs. 1 and 2. ] NORTH DAKOTA. Revised Codes, 1895, chap. 72, p. 1368. Export: [Src.] 7685. Every person who within this State ships or receives tor shipment beyond the limits of this State any of the game birds or animals mentioned in section 7677 [prairie chicken, pinnated grouse, sharp-tailed grouse, ruffed grouse, woodcock, plover, wild duck, wild goose, brant, buffalo, elk, deer, antelope, caribou, mountain sheep] * * * is guilty of a misdemeanor, and upon conviction thereof is punishable by a fine of ten dollars for each game bird or fish so shipped or received and one hundred dollars for each animal so shipped or received. Session Laws of 1901, chap. 104, p. 182. Sale: Src. 1. Every person who sells or exposes for sale, or has in his possession, with intent to sell or ship, for the purpose of selling to any person within the State, by common or private carrier, at any time, any prairie chickens, pinnated grouse, sharp-tailed grouse, ruffled grouse, woodcock, or deer, is guilty of a misdemeanor, and upon conviction thereof before any justice of the peace of the county, is punish- able by a fine of not exceeding ten dollars for each of the game birds or deer herein mentioned, sold, exposed for sale, or shipped, or had in his possession with the intent to sell or ship as aforesaid. Approved March 12, 1901. OHIO. Revised Statutes, 18977 (as amended by General Acts of 1898, Vol. XCIII, p. 108). Sale, Export: Src. 6964. * * * Whoever purchases, sells or exposes for sale, or has in his possession, any dove, except between the fourth day of July and the fifteenth day of December, inclusive; or any snipe, rail, killdeer or plover, except between the first day of September and the fifteenth day of May, inclusive; or any coot or mud hen, or wild duck, except between the first day of September and the fifteenth day of April, inclusive; or any Mongolian pheasant, English or ring-neck pheasant, before the tenth day of November, 1903, or after that date, except between a ea eS OTe eo te eee eee a eR ee Pe ee eee OHIO— OKLAHOMA. sli the tenth day of November and the fifteenth day of December, inclusive; or any of the song or insectivorous birds mentioned in section 6960; or whoever shall at any time, catch or kill, any quail, wild turkey, ruffed grouse or pheasant, prairie chicken, woodcock, squirrel, Mongolian pheasant, or English or ring-neck pheasant, for the purpose of conveying the same beyond the limits of this State, or for sale in the markets of this State, or shall transport or have in possession with intent to procure the transportation beyond the limits of this State, or for sale in the markets of this _ State, any quail, wild turkey, ruffed grouse, or pheasant, prairie chicken, woodcock, squirrel, Mongolian pheasant, or English or ring-neck pheasant, killed within this State, shall be fined as provided in section 6968. And in addition thereto, shall be liable to a penalty of twenty-five dollars for each bird trapped or possessed contrary to the provisions of this act. The reception by any person within this State of any such birds, game or animals, for shipment toa point without the State, shall be prima facie evidence that such birds, game or animals were killed within this State for the purpose of conveying the same beyond its limits; Provided, that the provi- sions of this act shall not be construed as applicable to any common carrier into whose possession any of the birds, game or animals herein mentioned, shall come in the regular course of their business for transportation, while they are in transit through this State from any place without this State, where the killing of such birds, game or animals shall be lawful, but nothing in the provisions of this act shall pre- vent any one having in his possession wild deer during the time when the killing thereof is made penal. Any game warden or deputy game warden in this State shall have authority and right, at any time, to open’ packages, boxes, crates or other receptacles containing the birds, game or animals prohibited by this act from being transported without the limits of this State, delivered to a common carrier for trans- portation out of the State, and shall take and confiscate such birds, game or animals about to be transported out of the State and deliver them to some hospital, infirm- ary or charitable institution. Passed April 12, 1898. Penalties: Src. 6968. [Any person convicted of any violation of any o: the pro- visions 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, pp. 165-167. Legal sale: Src. 3. Any person having lawfully taken any of the game mentioned in this Act, or any person lawfully having any of said game [prairie chicken, grouse, quail, wild turkey, plover, dove] in his possession, may sell the same to persons living in the Territory of Oklahoma, for consumption therein. Imported game: Src. 4. No person shall at any time have in possession or under control any birds, game or fish caught, taken or killed outside of this Territory, which was caught, taken or killed at a time, in a manner, or for a purpose forbidden by the laws of this Territory or the State, Territory or country where the same was caught, taken or killed, or which was shipped out of said State, Territory or country in violation of the laws thereof. Evidence: Sxc. 5. [Possession of birds or game at a time prohibited by the laws of this Territory shall be prima facie evidence that it was killed in this Territory. Whenever it shall appear that any birds or game, the killing of which is at any time prohibited by the laws of this Territory, was killed outside of this Territory, it shall be prima facie evidence that such bird or game was killed at a time, in a manner, 118 DIGEST OF GAME LAWS FOR 1901. and for a purpose prohibited by the laws of the Territory, State, or country where killed, and was exported out of said Territory, State, or country in violation of the laws thereof. ] Sale: Src. 6. No person, company or corporation shall sell or attempt to sell, or expose for sale, or have in possession or under control, for the purpose of selling or exposing for sale, any kind of bird, game or fish at any time, when the taking, catching or killing of such kind of birds, game or fish is prohibited by the laws of this Territory. . Penalties: Sec. 7. [Violation of any of the provisions of sections 4, 5, and 6 of this act shall be deemed a misdemeanor, punishable by a fine of not less than ten, nor more than fifty dollars and costs of prosecution, and in default of payment thereof by imprisonment not exceeding sixty days. ] Export: Sec. 10. It shall be unlawful for any person, company or corporation within this Territory to export or carry to any other Territory, or State or country any game or the parts of any game mentioned in this Act, and any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars, and costs of suit, and shall be committed to the common jail of the county wherein the offense was committed until such fine and costs are paid. Export, Propagation: Src. 11. It shall be unlawful for any railroad company, express company or other common carrier, their officers, agents, servants or any other person or persons to purchase or receive within this Territory any of the game mentioned in Section 1, of this Act, or any meat or parts of such game, for the pur- pose of transporting or carrying the same beyond the limits of this Territory or in any manner handling the same, or to transport or carry any of said game or meat or part thereof beyond the limits of this Territory. Except that the provisions of this section shall not apply to fine birds or animals captured and held for domestic or scientific purposes: And provided, That not more than one pair of such birds or animals may be shipped at any one time. And any agent, officer or servant of any railroad company, express company or other common carrier, or any other person or persons violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and on conviction, shall be fined in any sum not less than fifty dollars nor more than five hundred dollars, with cost of suit. And any railroad company, express company of [or] other common carrier violating any of the provisions of this section shall forfeit and pay to the Territory of Oklahoma, for each violation thereof, the sum of two hundred dollars, together with all costs of suit, to be recoy- ered in a civil action to be instituted in the name of the Territory of Oklahoma by the county attorney of any county wherein said suit is brought, which sum of two hundred dollars shall be collected upon executicn as in civil cases. Approved, March 10th, 1899. OREGON. s General Laws of 1901, pp. 217-236. Fawn: Sec. 2. It shall be unlawful at any time to hunt, pursue, take, kill, injure, destroy or have in possession, or to sell or offer for sale, barter or exchange, any spotted fawn. Elk: Sec. 4. It shall be unlawful to hunt, pursue, take, kill, injure, destroy or have in possession, or to sell or offer for sale, barter or exchange, any elk at any time between the date of the passage of this act and the fifteenth day of September, 1904; and from and after said fifteenth day of September, 1904, it shall be unlawful to hunt, pursue, take, kill, injure, destroy or have in possession, or to sell or offer for sale, barter or exchange, any elk at any time between the fifteenth day of Octo- ber of each year and the fifteenth day of Septerber of the following year. And OREGON. 119 from and after said fifteenth day of September, 1904, it shall be unlawful for any person to take, kill, capture, destroy or have in possession more than one elk in the open season of any year; and it shall be unlawful at any time to sell or offer for sale, barter or exchange, or to have in possession for sale, barter or exchange, any elk meat. Hides, etc.: Src. 5. It shall be unlawful at any time to hunt, pursue, take, kill, injure, destroy or have in possession any dear [deer], elk, moose, mountain sheep or spotted fawn for the purpose of obtaining the skin, hide, horns, hams or other flesh of such animal for the purpose of sale, barter, exchange or trade, except as hereinafter provided; and. it shall be unlawful at any time for any person, company, firm or corporation to buy, offer to buy, or sell or offer for sale, or have in possession for sale, or to transport or carry for purposes of trade, sale, barter or exchange, the skin, hide, horns, hams or other flesh of any deer, elk, moose, mountain sheep or spotted fawn, except as hereinafter provided. Any person who shall lawfully kill deer during the open season named in this act, not to exceed five deer, may make an affidavit before any justice of the peace, setting forth the date of killing of each deer and that the same was killed by the affiant; and said justice of the peace taking said affidavit shall, unless he have reason to believe that said affidavit is false or that the affiant has violated this act, thereupon deliver to the affiant one leather tag of the character hereinatter described for the hide of each deer covered by said affidavit, not exceeding five in all; and the person so receiving such tag or tags shall securely fasten with wire one tag to each deer skin, and shall thereupon be entitled to offer said deer skin for sale or exchange or transportation to any point within the state. The tags above referred to shall be designed and issued by the State Game and Forestry Warden, and shall bear a stamp impressed by him containing a number and the _year of issue and such other words or figures as he may determine. * * * Such affidavit [above referred to] may also be taken by and filed with any county clerk of the county court of any county, who may issue tags direct to affiants under the regula- tions hereinbeforementioned. The feesof the county clerks, clerks of the county court and justices of the peace for taking the affidavits hereinbefore required shall be the same as provided by general law for the same purpose, and each justice of the peace transmitting any such affidavits may make an additional charge to the affiant of ten cents therefor. No tag shall be issued to any person in any year for any deer hide after the expiration of five days from the close of the open season for deer, nor shall more than five of such tags ever be issued to one person in any one year. It shall be unlawful for any person to buy, sell or offer for sale, or receive for any purpose, or transport or carry any deer hide within this state unless the same shall have - attached thereto a leather tag as hereinbefore provided. Any person who shall willfully make a false affidavit for the purpose of securing any tag hereinbefore men- tioned, or who shall counterfeit or alter, or attempt to counterfeit or alter, any such tag issued by the State Game and Forestry Warden, shall be guilty of a violation of this act, and shall be punished as hereinafter provided. Sale, Pheasant, grouse, quail: Src. 23. It shall be unlawful within the State of Oregon to sell, exchange, or offer for sale or exchange, for money or other valuable consideration, or to take or kill for sale, or to have in possession for sale or exchange, except for scientific or breeding purposes, any pheasant, grouse or quail, at any time except during the last fifteen days of the open season for the killing of such grouse, ~. pheasant or quail as hereinbefore provided in this act; provided however, that this section shall not be construed to in anywise change or alter any of the provisions of this act respecting said game birds; provided further, that every person, firm or corporation who shall, within the State of Oregon, purchase, or receive for the purpose of sale, or exchange or barter, or who shall sell or exchange or barter any grouse, pheasant or quail, shall keep a plain and true record, in book form, of every purchase or reception of any such game birds made by him, showing the date of purchase or 120 DIGEST OF GAME LAWS FOR 1901. receipt, and from whom purchased or received, and the number of birds of each kind purchased or received, and such record shall be open for inspection by the State Game and Forestry Warden, or any of his deputies, at all reasonable times. Any person, firm or corporation who shall receive or purchase, and sell or exchange or barter, or offer for sale, any of the game birds mentioned in this section without keeping such record as hereinbefore provided, or who shall fail or refuse to exhibit such record on demand at any reasonable time to the State Game and Forestry Warden, or any of his deputies, shall be guilty of a violation of this act, and upon conviction thereof shall be punished as hereinafter provided. Definitions: Src. 37. Whenever the phrase ‘‘scientific use’’ or ‘‘scientifie pur- pose’’ is mentioned in this act, the same shall be deemed to include only the exam- ination and study of any bird or animal for the acquisition of knowledge thereof, and shall not include the taking of any bird or animal for mounting or preservation by taxidermy or otherwise for the purpose of sale, barter or exchange. Storage: Src. 40. Every cold storage company, person keeping a cold storage warehouse, tavern or hotel keeper, restaurant, club or eating-house keeper, market man or other person who shall buy, sell, expose or offer for sale, or give away or | have in his possession, any of the wild animals, wild fowl, game birds or fish enu- merated in this act during the time when it shall be unlawful to kill or have such ani- mals, fowl, birds or fish in possession or sell the same, as in this act provided, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as here- inafter provided. It shall be no defense to a prosecution for a violation of this sec- tion that the wild animals, wild fowl, game birds or fish were taken or killed outside of this state. Marking packages: Src. 41. (a) All parcels, packages, crates, barrels, boxes or other receptacles containing any of the wild animals, wild fowl, game birds or fish enumerated in this act shall be labeled in plain letters on the address side of the package so as to disclose the fact that such parcel, package, crate, barrel, box or other receptacle contains wild animals, wild fowl, game birds or fish, and the nature of the wild animals, wild fowl, game birds or fish contained therein. And it shall be unlawful for any person to deliver to any common carrier for transportation any such parcel, package, crate, barrel, box or other receptacle containing any such wild animals, wild fowl, game bird or fish which shall not have been labeled as herein required, or to the [sic] place thereon a false statement as to the contents thereof. (b) Every person delivering to a common carrier a parcel, package, crate, barrel, box or other receptacle containing any wild animals, wild fowl, game bird or fish, shall place upon said parcel, package, crate, barrel, box or other receptacle the name and address of the owner or consignor thereof, and it shall be unlawful, and it is hereby prohibited, for any common carrier or agent, servant or employee of a com- mon carrier to receive for transportation or transport any parcel, package, crate, barrel, box or other receptacle containing any wild animal, wild fowl, game bird or fish, unless the same shall be labeled as in this act provided. : Export: Sec. 42. Every steamboat company, railroad company, express company or other common carrier, their officers, agents and servants, and every other person who shall transport, carry or take out of this state, or who shall receive for the pur- pose of transportation from this state, any of the wild animals, wild fowl, game birds or fish enumerated in this act, except for the purpose of propagation or exhibition, or who shall transport, carry or take from this state, or receive for the purpose of transportation from this state, any such wild animal, wild fowl, game birds or fish, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as hereinafter provided; provided, that the right to transport for the purpose of propa- gation or exhibition shall first be obtained by permit in writing from the State Game and Forestry Warden; provided however, that upon the granting of a similar privilege PP es ee ee en Ce eT Tae a ee ee we | : I | OREGON—PENNSYLVANIA. 121 by the legislature of the State of Washington ' to the citizens or residents of the State of Oregon, nothing in this section shall be construed to prevent any citizen or resi- dent of the State of Washington from personally taking with him any trout, other game fish, or game to the limit of one day’s hunt or fish, killed or captured by himself in the State of Oregon, when it is lawful to take, kill, or capture the same; but this provision shall be strictly construed, and shall not be interpreted so as to permit the transportation of trout, other game fish, or game out of the State of Oregon by any steamboat company, railroad company, express company or other common carrier for any purpose whatever, except as hereinbefore provided. Penalties: Src. 43. Except as hereinafter provided, any person or persons violat- ing any of the provisions of this act, or any other act or parts of acts for the protec- tion of forests, wild animals, game, wild fowls, game birds, song birds, trout or other game fish not in conflict herewith, and for which no penalty is fixed, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than $15 nor more than $200, together with the costs of prosecution of said action, or by imprisonment in the county jail of the county wherein such offense may have been committed not less than seven nor more than one hundred days, or by both such fine and imprisonment; provided however: (a) That any person or persons violating any of the provisions of sections 2, 3, 4, or 5 of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less that $25 nor more than $500, together with the costs of the prosecution of said action, or by imprisonment in the county jail of the county wherein such offense may have been committed not less than thirty days nor more than one hundred and twenty days, or by both such fine and imprisonment. (e) That any person, firm, or corporation violating any of the provisions of sections 40, 41, or 42 of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less that $100 nor more than $500, together with the costs of the prosecution of such action, and any such person or persons may be imprisoned in the county jail of the county wherein such offense may have been committed not less than thirty days nor more than one hundred and twenty days, or be punished by both such fine and imprisonment. Approved February 27, 1901. PENNSYLVANIA. Laws of 1897, No. 1038, pp. 125-126. Sale: Sec. 5. That it shall be unlawful at any period or season of the year to kill, entrap, or pursue with intent to kill or entrap, any elk, deer, fawn, wild turkey, pheasant, grouse, quail, partridge or woodcock in any part of this Commonwealth for the purpose of selling the same. And it shall be unlawful for the proprietor, manager, clerk or agent of any market or other person, firm or corporation, to purchase, sell or expose for sale any elk, deer, fawn, wild turkey, pheasant, grouse, quail, partridge or woodcock killed or entrapped within this Commonwealth. That it shall be unlawful for the proprietor, manager, clerk or agent of any market or any other person, firm or corporation to purchase for the purpose of again selling the same any elk, deer, fawn, wild turkey, pheasant, grouse, quail, partridge or wood- cock killed or entrapped within this Commonwealth. Whoever shall offend against any of the provisions of this section shall be Hable to a penalty of one hundred dollars for every elk, deer, [or] fawn, so taken, purchased or sold, and twenty-five dollars for every wild turkey, pheasant, grouse, quail, partridge or woodcock so taken, pur- chased or sold, or by imprisonment in the county jail for a period of one day for each dollar of penalty imposed. ‘Same privilege granted by Washington. (See p. 129.) 199 DIGEST OF GAME LAWS FOR 1901. Export: Src. 6. No person or persons, company or corporation, or the agent or the employe thereof shall, at any time, catch, take or kill, or have in his or its pos- session or under his, her or its control, any of the birds or game mammals of this State, the killing of which at any or all times is prohibited by the laws of this State, 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; and it shall not be lawful for any person or persons, railroad company, express company stage driver or any company or corporation, or person or persons acting in the capacity of a common carrier, their officers or employes, to knowingly receive for transportation or transport or remove beyond the limits of the State any of the game birds or game mammals mentioned in this act; * * * Whoever shall offend against any of the provisions of this section shall be lable to a penalty of not less than fifty dollars, nor more than one hundred dollars, for each and every offense, or by imprisonment in the county jail for a period of one day for each dollar of penalty imposed: Provided, That no penalty shall apply to the transportation of such game birds and game mam- mals in transit through the State from other States. Approved June 4, 1897. RHODE ISLAND. Act of May 4, 1900. Sale: Src. 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. 12. * * * Every person who shall take, kill, destroy, sell, buy, or offer for sale, or have in his possession any pheasant, before the first day of October nine- teen hundred and five, shall for each offense be fined twenty dollars, provided that the word pheasant shall not be construed to apply to the birds commonly called partridge or ruffed grouse. Export: Src. 13. Every person who shall carry or send beyond the line of this State, any wood-cock, quail, or ruffed grouse commonly called partridge, shall be fined twenty dollars for each of said birds. SOUTH CAROLINA. Laws of 1900, p. 450. Sale, Export: Src. 431. It shall not be lawful for any person, except upon his own lands, or upon the lands of another with the consent of the owner thereof, to net or trap a partridge, and it shall be unlawful for any person to sell, offer for sale, or ship or export for sale, any partridge or quail for the space of five years from the approval of this Act: Provided, That nothing in this Act shall prevent the importation for sale of any partridge or quail. Any person violating this section shall be guilty of a mis- demeanor, and upon conviction shall be punished by a fine of not exceeding thirty dollars, or by imprisonment in the county jail for a term not exceeding thirty days. Approved February 9, 1900. : SOUTH DAKOTA. Session Laws of 1899, chap. 90, pp.112-1138. Export: [Src.] 3. It shall be unlawful for any person, railroad company, express company, or other common carrier, or the servants or agents of such common carrier, 1¥or close seasons see p. 29. SOUTH DAKOTA. 123 at any time to send, ship, carry or transport out of this State, or to have in his or their possession for that purpose any game mentioned in this Act [quail, prairie chicken or pinnated grouse, sharp-tailed grouse, ruffed grouse, plover, curlew, wood- cock, wild duck, goose, brant, crane] and the possession of such game by any person, railroad company, express company or other common carrier shall be deemed pre- sumptive evidence of the violation of the laws of this State enacted for the protection of game: Provided, nothing in this Act shall be construed to abridge or repeal any existing laws of this State prohibiting the sale of game within this State: Provided, ' nothing in this section shall prevent any person from taking game during the open season, and three days thereafter, out of the State when shipped in open view, tagged and plainly labeled with the name of the owner thereof, and accompanied by him, to be used for food only, and not for commercial purposes, and in no instance shall any person be permitted to take out of the State, at any one time, a greater number than twenty-five birds. Any person, corporation or company violating any of the provisions of this section, shall be punished by a fine of not less than ten dollars, ~ nor more than fifty foie for each offense. tion of this Act shall be deemed a violation of such provision. Approved, March 6, 1899. Session Laws of 1901, chap. 132, pp. 222-224. Sale: Src. 8. Any person or persons whatever who shall sell or offer for sale within the state of South Dakota, at any time, any carcass or parts of a carcass of any of the game animals named in this act [buffalo, elk, deer, mountain sheep], except as hereinafter provided, is guilty of a misdemeanor. Export: Sec. 9. It shall be unlawful for any railway company, express company, or other common carrier, or the servants or agents of such common carrier, or any other person, persons or corporations at any time to send, ship, carry or transport out of this state any carcass or parts of a carcass or carcasses of any game animals named in this act, except as hereinafter provided. Sale: Src. 12. It shall be unlawful for any person, in any one year to kill more than one elk, one buffalo, three deer, and one mountain sheep. Any person having lawfully killed any of the said animals is entitled to the use and possession of the \ of such animal or animals so killed is hereby prohibited; provided that the skins, heads and antlers of animals lawfully killed may be sold. The possession of the car- casses, skins, heads or antlers of such animals in excess of the number as herein pro- vided shall be considered prima facie evidence of the violation of the provisions of this section, except when in the possession of an operating taxidermist for stuffing or mounting. Certificates: Src. 138. Every person, who may wish to transport beyond the limits of this state, any carcass or carcasses, heads, antlers, scalp or skins of any of the game animals named in this act, shall first procure from a justice of the peace of the state a certificate to the effect that such carcass or carcasses, head, heads, antlers or skins were taken from animals lawfully killed. For such certificate a fee of twenty-five cents may be charged by the justice. The giving of a false certificate is hereby declared to be a misdemeanor. Such certificate shall become void after five _ days from the date thereof. If such carcasses, heads, antlers, scalp or skins are ; transported by another than the owner, such certificate shall be presented to and retained by the person or corporation so carrying or transporting the same or his or its agent, before such carcasses, etc., are billed for shipment or carried or trans- ported, and such certificate and the possession thereof shall be a sufficient justifica- tion for the transportation of such carcasses, etc., beyond the limits of this state. Attempt to violate: [Src.] 4. Any attempt to violate any provision of any sec- whole of such animal killed; but the barter or sale of the carcass or any part thereof ~ 124 DIGEST OF GAME LAWS FOR 1901. Penalties: Src. 19. Where the violation of the provisions of this act is not herein otherwise defined and penalties for a violation provided, every violation of any of the provisions of this act is hereby declared to be a misdemeanor, and upon conyic- tion thereof or of any offense named herein for which no penalty is provided, the person or corporation so offending shall be fined not less than twenty-five nor more than two hundred dollars, and if such offending party be a natural person, impris- onment in the county jail not more than thirty days may also be imposed, in the discretion of the court. * * * Upon conviction, the gun or guns, carcass or car- casses, seized at the time of the arrest of such person so convicted, shall be forfeited, and the court before whom such conviction is had may, upon due proof, adjudge the same to be forfeited and order the same to be sold at public or private sale and the proceeds of such sale shall be paid to the county treasurer and by him placed in the game fund of the county. Approved March 8, 1901. TENNESSEE. Acts of 1897, chap. 55, pp. 195-196. Export: Sec. 1. * * * That it shall be unlawful for any person to export quail, dead or alive, out of the State of Tennessee, for five years from and after the passage of this Act. Penalty: Sec. 2. * * * That any person violating the first section of this Act shall be deemed guilty of a misdemeanor, and, upon conviction before any court having jurisdiction, shall be fined not less than five nor more than ten dollars for each quail so exported. Approved, March 24, 1897. Besides this general State law, the following special county laws relating to ship- ment and sale are in force: Code of 1896. Carter, Greene, Hawkins, Johnson, Sullivan, Unicoi, Washington. [ Unlaw- ful to export from State quail, partridge, pheasant, wild turkey, woodcock. Penalty $25-$50 or not less than 10 days. Secs. 2948, 2949. ] Gibson. [Unlawiful to export from county quail. Penalty $5-$25 and imprison- ment at discretion of court. Secs. 2930, 2931. ] Grainger, Hamblen. [Unlawful to export from county quail, partridge. Penalty $25-$50 or not less than 10 days. Secs. 2953, 2954. ] Acts of 1897. Anderson, Rutherford, Sumner, Tipton, Williamson. [Unlawful to buy, sell, or export from county quail, partridge, pheasant, grouse, prairie chicken. Pen- alty $5-$25 or imprisonment for not exceeding 30 days, or both. Chap. 157, sec. 3, p. 344. ] Benton. [Unlawful to buy for export from county squirrel, quail, partridge. Penalty Chap. 146, p. 334. ] Bradley. [Unlawful to kill, capture, purchase, or have in possession for export for profit from county quail, partridge. _ Penalty $5-$50 for each offense. Chap. 177, secs. 1, 2, p- 388. ] Carroll, Crockett, Madison, Obion. [Unlawful to kill for export or to export from county quail, partridge. Penalty $10-$50 and imprisonment in discretion of court. Chap. 250, secs. 1, 2, p. 564.] Dyer. [Unlawful to export or receive for exporting from county for profit quail, partridge. Penalty $10-$25 and not exceeding 10 days. Chap. 289, sees. 3, 4, p. 612. ] TENNESSEE—TEX AS. 125 Grundy, Van Buren. [Unlawiul to export from county quail, partridge. Pen- alty $5-$10. Chap. 172, secs. 3, 4, p. 381.] Hawkins. [Unlawful to export for profit from county quail, partridge. Penalty $25-$50, and imprisonment in discretion of court. Chap. 220, secs. 3, 4, p. 526. ] Haywood. [Unlawful to kill or capture for profit in county or export from county quail, partridge, pheasant, wild turkey, woodcock. Penalty $5-$25, first offense; $25-$50, each subsequent offense. Chap. 203, secs. 2, 4, 5, p. 420.] Henderson. [Unlawful to export for profit from county quail, partridge. Pen- alty — Chap. 190, p. 405. ] Lauderdale. [Unlawful to export from county deer, quail, wild turkey, duck. Penalty $10-$25 for each deer or bird. Chap. 206, secs. 2, 4, p. 402.] Warren. [Unlawful to kill or capture for sale or export from county or for rail- road or express company or wagoner to ship, haul or transport from county, deer, quail, partridge, pheasant, Chinese pheasant, grouse, wild turkey, duck. Penalty (for transporting, etc., by railroad company, etc.,) $10-$25. Chap. 191, secs. 4, 6, 7, p. 406. | Weakley. [Unlawful to export, receive for exporting, carry or cause to be carried from county, quail, partridge, pheasant, wild turkey, duck. Penalty $25-$50 and imprisonment at discretion of court. Chap. 319, secs. 3, 4, p. 677.] Acts of 1899. Hamblen. [Unlawful to export or kill or capture for export from county quail, partridge. Penalty $10-$50 and imprisonment at discretion of court. Chap. 309, sees. 2, 3, p. 738. | Robertson, Sumner, Trousdale. [Unlawful to buy, sell, or export from county quail, partridge, pheasant, grouse. Penalty $5-$25 or not exceeding 30 days, or both. Chap. 337, sec. 3, p. 780. ] Acts of 1901. [ Not seen. | TEXAS. General Laws of 1897, chap.149, pp. 214-215. Property of State: Sec.1. * * * That all the wilddeer, wild antelope, wild turkeys, wild ducks, wild geese and wild grouse, wild prairie chickens (pinnated grouse), wild Mongolian or English pheasants, wild quail or partridges, wild plover, snipe, and jacksnipe, found within the borders of this State, shall be, and the same are hereby, declared to be the property of the public. Sale: Src. 2. Whoever shall sell, or offer for sale, have in his possession for the purpose of sale, or whoever shall purchase or have in his possession after purchase, any wild deer or antelope killed in this State, or the carcass thereof, or the fresh hide thereof, or whoever shall sell or offer for sale, or have in his possession for the purpose of sale, or whoever shall purchase, or have in his possession after purchase, any of the game mentioned in section 1 of this act, killed or taken within this State, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not less than ten nor more than one hundred dollars; provided, that the sale and purchase of the game mentioned in section | of this act shall not be unlawful when said sale or purchase is made in the county where such game was killed or taken; provided, that nothing herein contained shall be construed to prohibit the sale or shipment of wild ducks and wild geese. Shipment: Szc. 7. It shall be unlawful for any express company, railroad com- pany. or other common carrier, or the officers, agents, servants, or employees of the Same, to receive for the purpose of transportation, or to transport, carry, or take 126 DIGEST OF GAME LAWS FOR 1901. beyond the limits of this State, or within this State, any animal, bird, or waterfowl mentioned in section 1 of this act; and it shall be unlawful for any person to trans- port, carry or take beyond the limits of this State any animal, bird, or fowl men- tioned in section 1 of this act; and whoever shall violate the provisions hereof shall be deemed guilty of amisdemeanor, and upon conviction thereof shall be fined in any sum not less than twenty-five nor more than two hundred dollars; provided, that each shipment shall constitute a separate offense, and that such express company, railroad company, or other common carrier, or their agents, servants, or employees, shall have the privilege of examining any suspected package for the purpose of determining whether such package contains any of the articles mentioned in section 1 of this act; but this act shall not apply to the shipment or transportation of live Mongolian or English pheasants shipped for scientific or breeding purposes; provided, that nothing herein contained shall be construed to prohibit the sale or shipment of wild ducks and wild geese. Evidence: Sec. 8. Possession at any season of the year during which the game birds and wild fowls of this State are protected by the laws hereof, shall be prima facie evidence of the guilt of the person in possession thereof. Approved May 27, 1897. UTAH. Laws of 1899, chap. 26, p. 48. Shipment: Sec. 26. * * * It shall be unlawful to ship or transport any quail out of the above-named counties [Kane and Washington] at any time except for the purpose of propagation, under the direction of the State and county fish and game wardens. -— Penalties: Src. 27. [Violation of any of the provisions of this act relating to game, a misdemeanor, punishable by a fine of not less than $10. ]- Export: Src. 29. It shall be unlawful for any person or persons at any time to ship or cause to be shipped, carried or transported out of the State any of the animals [deer, elk, mountain sheep, buffalo or bison, antelope,] birds, [quail, partridge, pheasant, prairie chicken, sage hen or grouse, mourning dove, snipe, duck, goose, brant, swan, English, Chinese, or Mongolian pheasant, pinnated grouse, introduced game birds] * * * or any part thereof mentioned in thisact * * * Approved March 9, 1899. VERMONT. Vermont Statutes, 1894, p. 828. Killing for export: Src. 4613. If a person at any time takes, kills, purchases, receives or causes to be taken, killed or received, a woodcock or ruffed grouse, com- monly called partridge, for the purpose of shipping or in any manner disposing of the same to persons outside of this State for traffic or gain, he shall be fined ten dollars. | Te eee e Acts of 1896, No. 94, pp. 74-75. Shipping deer: Src. 4. Deer killed or taken in Vermont shall not be transported by any person or corporation, except that the carcass, or parts thereof, of one deer, lawfully killed in the State may be transported in the open season and for ten days thereafter when open to view, tagged and plainly labeled with the name of the owner thereof and accompanied by him; and the possession of deer or a part thereof by a common carrier or servant of a common carrier, unaccompanied by the owner, or not tagged and plainly labeled with his name, shall be a violation of the provisions of this ae < VERMONT—VIRGINIA. Liat section by such common carrier and servant. But this section shall not apply to the head, feet or pelt of deer severed from the body. Penalty: Src. 5. A person or corporation violating any of the provisions of this Act shall be fined one hundred dollars for each offense, one-half of the same to go to the complainant, the other half to the State. Approved November 24, 1896. Acts of 1896, No. 96, p. 76. Sale, Birds: Src. 1. No person or corporation shall kill, expose for sale, or have in possession at any time any game bird for which there is a close season in this State [quail, ruffed grouse or partridge, introduced pheasant, English partridge, plover, woodcock, English snipe, duck, goose] except for consumption as food within the State. But this shall not prevent a person residing out of the State from taking game birds in open season and three days thereafter out of the State when shipped open to view, tagged and plainly labeled with the name of the owner thereof and accompanied by him. Any person or corporation violating any of the provisions of this section, or any person who, not being the actual owner of such game birds, to aid another in such transportation falsely represents himself to be the owner thereof, shall be fined fifty dollars for each offense; and the delivery to or recep- _ tion by any person or corporation within this State of any such game birds for shipment to a point without the State shall be prima facie evidence that the same were killed and are possessed within the State for a purpose other than that of being consumed as food within the State. Approved, November 24, 1896. VIRGINIA. The general State game laws (Code of 1887, Chap. XCV, and Supplement to the Code, 1900, Chap. XCV) contain only provisions against sale of game in close seasons. The following abstracts of local laws are taken from the Acts of Assembly, 1888-1900, and are arranged alphabetically by counties. Augusta: [Unlawful to kill or capture deer, partridge or quail, pheasant or ruf- fled grouse, wild turkey for purpose of shipping to any point outside of State. Penalty $5-$20 for each offense. Railroad, express, or other transportation company receiving for shipment any of above and shipping to any point outside State to be fined not less than $20 for each offense. Acts 1897-1898, chap. 683, secs. 4, 5. ] Floyd: [Unlawful to kill or capture partridges, pheasants, or wild turkeys at any time to be sold, shipped, or taken out of the county. Penalty $20-$100 or commit- ment to jail until fine and costs are paid. Acts 1893-1894, chap. 762, secs. 1, 2.] Frederick: [Unlawful for nonresident of State at any time to offer for sale, or - ship for purposes of sale partridge or quail, pheasant or ruffed grouse, wild turkey, woodecock. Penalty $20 or imprisonment 30 days. Acts 1889-1890, chap. 183, secs. 1, 2.] ; [Unlawful to carry, send, transport, or ship, dead or alive, game or game birds of any kind to any point outside of county. Penalty $10 for first offense, double for each subsequent offense. Any stage-line, railroad or express company receiving such for shipment or transportation to be fined $50. Not applicable to shipment of rabbits or hares. Acts 1893-1894, chap. 344, sec. 5. ] Greenesville: [Unlawful to sell or offer for sale partridges (or quail) killed, cap- tured, or obtained in this county. Penalty $2-$5 for first offense, $5-$10 for any subsequent offense. Acts 1899-1900, chap. 1073, secs. 6, 7.] Henry: [Unlawful to export from county, partridges or quail, dead or alive. _ Penalty $10 or imprisonment 30 days. Acts 1897-1898, chap. 812, sees. 3, 4.] 128 ; DIGEST OF GAME LAWS FOR 1901. Lee: [Unlawful without hunting license to ship or transport partridges (or quail) from county, or for licensee to ship partridges (or quail) not killed by himself. Penalty $10-$20. Acts 1899-1900, chap. 330, secs. 6, 7. ] Page: [Unlawiul to kill, capture, offer for sale, or buy partridges (or quail) killed or captured in county for purpose of shipping beyond county limits. Penalty $5-$20 for each offense. Railroad, express or other transportation company receiving for shipment and shipping any partridge (or quail) killed or captured in county beyond county limits to be fined not less than $20 each offense. Acts 1895-1896, chap. 787, sees: “2.)] Pittsylvania: [Unlawtul at any time to ship partridges (dead or alive) to points outside the State, and any railroad or express company knowingly receiving such consignments to be fined not less than $50 for first offense and double for each sub- sequent offense. Not applicable to non-resident sportsmen who come for recreation and pleasure, who do not shoot for market, and who take away game as baggage on railroad lines on which they are traveling as passengers. Acts 1893-1894, chap. 424, sec. 2. ] Princess Anne: [Unlawful for nonresidents to shoot at or kill wild fowl for profit or sale, either directly or indirectly, unless they own or rent shores on Back Bay. Penalty $50-3100, or 30-90 days, or both. Acts 1893-1894, chap. 86, secs. 4, 5. ] Rockingham: [Unlawiul to kill or capture for purpose of shipping to any point outside of State, any deer, partridge or quail, pheasant or ruffed grouse, or wild turkey. Penalty $5-$20. Railroad or express company, or other transportation company receiving above for shipment or shipping same to any point outside of State to be fined $20 or more for each offense. Acts 1893-1894, chap. 610, secs. 4, 5.] Shenandoah: [Unlawful to carry, send, transport or ship, dead or alive, game or game birds of any kind to any point outside the county. Penalty $10 for first offense; double for each subsequent offense. Any stage line or railroad or express company receiving game for shipment or transportation, to be fined $50. Not applicable to shipment or transportations of rabbits or hares. Acts 1895-1896, chap. 790, sec. 7. ] [Unlawful for nonresident of State at any time to offer for sale, or ship for pur- poses of sale, partridge or quail, pheasant or ruffed grouse, wild turkey, woodcock. Penalty $20 or imprisonment 30 days. Acts 1889-1890, chap. 133, secs. 1, 2.] Sussex: [Unlawful to sell or offer for sale partridges or quail killed, captured, or obtained in the county. Penalty $2—-$5 for first offense, 55-310 for any subsequent offense. Acts 1899-1900, chap. 1073, secs. 6, 7.] WASHINGTON. Session Laws of 1897, Chap. LII, pp. 84-86. Sale: Src. 12 [as amended by Laws of 1899, Chap. CX XXVIII, sec. 3]. Every person who shall offer for sale or market, or sell or barter any moose, elk, caribou, killed in this State, antelope, mountain sheep or goat, deer, or the hide or skin of any moose, elk, deer or caribou, or any grouse, pheasant, ptarmigan, partridge, sage hen, prairie chicken or quail at any time of the year, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as hereinafter provided. Sec. 138 [as amended by Laws of 1899, Chap. CX XXVIII, sec. 4]. Every person, agent or employe of a company or corporation, hotel-keeper, restaurant keeper, boarding house keeper, or keeper of a market, or other person who shall buy or barter for, at any time of the year, the whole or any part of the meat of any moose, elk, caribou, antelope, mountain sheep or goat, deer, or the hide or skin of any moose, elk, deer or caribou, or any grouse, pheasant, ptarmigan, partridge, sage hen, prairie chicken or quail, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as hereinafter provided. ee Seay eae Ne, Een ae ee ee - ees. W ASHINGTON——-WEST VIRGINIA. 129 Penalties: Src. 18. Every person convicted of any of the misdemeanors defined in the foregoing 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; and upon the trial of any person, agent or employe of a company or corporation, proof of the possession of the wild animals, birds, or song birds, when it is unlawful to take, kill or haye same, shall be prima facie evidence that the said wild game animal, game bird, or song bird, was unlawfully taken or killed by the person having possession of same. Approved, March 11, 1897. Session Laws of 1901, Chap. CXXXIV, pp. 280-281. Export: Sc. 5. That [section] 7358 of Ballinger’s Annotated Codes and Statutes of Washington be and the same is hereby amended to read as follows: Section 7358. Every steamboat company, railroad company, express company, or other common carrier, their officers, agents and servants and every other person who shall transfer, carry or take out of this State, or who shall receive for the purpose of trans- ferring from this State any of the wild game birds or animals enumerated in this act [moose, elk, caribou, antelope, mountain sheep, mountain goat, deer, grouse, partridge, prairie chicken, sage hen, native pheasant, ptarmigan, swan, sand-hill crane, rail, plover, any game duck or other game water fowl], shall be guilty of a misdemeanor and upon conviction thereof shall be punished as hereinafter provided: Provided, however, That upon the granting of a similar privilege by the Legislature of the State of Oregon! or Idaho to the citizens or residents of the State of Washington, nothing in this section shall be construed to prevent any citizen or resident of the State of Oregon or Idaho from personally taking with him any game to the limit of one day’s hunt, killed by himself, in the State of Washington, when it is lawful to take and kill the same; but this provision shall be strictly construed, and the burden of the proof shall be upon the person taking with him such game to establish the fact that the same was personally killed by himself: Provided, that nothing in this section shall be construed to prevent any steamboat company, express company, railroad company, or other common carrier, their officers, agents and servants, from receiving any of the game birds or animals enumerated in this act from transferring them from one point to another point within this State when said game birds or animals are accompanied by the affidavit of the shipper that the same is not shipped for sale or profit. Approved March 18, 1901. WEST VIRGINIA. Acts of 1899, chap. 22, p. 89. Export: [Sxc.] 1. * * * No person, firm or corporation shall at any time kill or have in possession any deer, wild turkey, quail, pheasant or ruffed grouse, or any part of the same, with the intention of sending or transporting the same or hay- ing the same sent or transported beyond the limits of this State. Any person violating this section shall be guilty of a misdemeanor, and upon con- viction thereof shall be fined not less than twenty dollars nor more than fifty dollars, and may, at the discretion of the court or justice trying the case, be confined in jail not more than ten days. * * *-~ the reception by any person within this State of any deer, wild turkey, quail, pheasant, or ruffed grouse for shipment to a point without the State shall be 1 Same privilege granted in Oregon. See p. —. 5037—No. 16—01——10 130 DIGEST OF GAME LAWS FOR 1901. prima facie evidence that the said deer, wild turkey, pheasant, or ruffed grouse, were killed within this State for the purpose of carrying the same beyond its limits. Approved February 22, 1899. \ WISCONSIN. Wisconsin Statutes, 1898, Vol. I, chap. 62, pp. 11138-1114. Shipment: Ssc. 1498m [asamended 1901]. Any person or corporation, or any agent or servant of the latter, who shall, for compensation or otherwise, * * * transport any of the animals, fowl or birds for which a close season is prescribed by law, during such season, or ship, carry or transport, offer or receive for shipment or transportation toany place beyond this State any feathered game protected by these statutes except live birds and also fifty birds or fowl of any variety when the same are accompanied by and in the possession of the owner thereof * * * or ship, transport or carry out of this State to sell or offer for sale any duck of any variety or any snipe or plover between the first day of December and the next succeeding first day of Sep- tember, shall forfeit not less than twenty-five dollars nor more than one hundred dollars for each such violation, to be recovered in a civil action brought in the name of the State by the State fish and game warden or one of his deputies. The posses- sion of any such animals, fowl or birds during the close season therefor, for ship- ment or in transit, shall be prima facie evidence of the violation of this section. * * %* Tt shall be the duty of every person whenever any animal, fish or game of any of the kinds the taking, catching or killing of which is prohibited by law at any or all times (except during the periods in which the same may be lawfully taken, caught or killed) is offered to him for transportation out of this State to at once notify and give full particulars concerning such offer and by whom made, to the State fish and game warden or one of his deputies. All sections of these statutes relating to having in possession or under control, or the sale, shipment or transportation of any animal, fish, water-fowl or bird, shall be construed to include any and all parts of the flesh and meat thereof. Laws of 1899, chap. 312, pp. 565-577. Nonresident license coupons: [Sec. 11 (amending section 14989, Wisconsin statutes of 1898). Each license for hunting game shall state for what year the same is granted, and shall be valid for no other period than that which the law shall designate to be the open season for the game permitted to be hunted, taken, or killed by the terms of such license, subject to the proviso that all kinds of game can be hunted by a person holding a license for the hunting of deer. * * * Each license for the hunting of deer issued to a nonresident of the State shall be provided with two cou- pons. Each coupon shall be divided into three sections, lettered ‘‘A,’’ “B,’’ and ‘“C,”’ respectively. The holder of a nonresident license shall be entitled to have transported within or without the State one carcass of a deer or part of a carcass of a deer on each of the two coupons attached to his license. The agent receiving the carcass for transportation shall detach section ‘‘A’’ of the coupon and forward said section to the State fish and game warden. Sections ‘‘B’’ and ‘“‘C”’ are to be attached to the carcass of deer received for transportation, and all three sections of the coupon must be canceled by said receiving agent, with the date of reception for shipment and his initials written or stamped plainly thereon. While in transit within the State sections ‘‘B’’ and ‘‘C”’ of the coupon must be on the carcass, or said carcass shall be subject to seizure as contraband game. If the place of delivery is within the State of Wisconsin, the delivering agent shall, before delivery to con- signee, detach section ‘‘C’’ and forward said section to the State fish and game warden, leaving section ‘‘B”’ attached to the carcass. Agents or employes of trans- WISCONSIN. bot portation companies must transmit sections of coupons within two days of the date of shipment or delivery, respectively. If the carcass of a deer be consigned to a point without the State of Wisconsin, the agent, servant, or employe of the trans- portation company in charge of said carcass while in transit within the State, shall detach section ‘‘C’’ of the coupon and deliver the same to the agent of the trans- portation company at the last station or place in the State where the train or other conveyance of said company shall stop. And it shall be the duty of said agent to whom said section of the coupon is delivered to immediately forward the same to the State fish and game warden, after writing or stamping thereon the name of the station or place and date of receipt thereat of said section of said coupon. Any agent, servant, or employe of any transportation company, or common carrier, who shall receive for shipment or transport any carcass of deer without haying the cou- pons, or sections of coupons, attached thereto, or who shall refuse or neglect to detach the sections of the coupons as herein provided, or shall fail to transmit them to the State fish and game warden as herein provided, shall be punished by a fine of twenty-five to one hundred dollars, or by imprisonment of thirty days to ninety days, or by both such fine and imprisonment. No transportation company, or com- mon carrier, shall receive for transportation or transport any carcass of deer unless the same shall be received, carried, and delivered pursuant to the provisions of this section relative to coupons, and shall only be received, carried, or delivered during the open season for transportation of carcasses of deer. ] Resident license coupons: Sxc. 13. Section 1498s, Wisconsin statutes of 1898, is hereby amended so as to read as follows: Section 1498s. Every person who has resided in this State for one year previous to applying for a license to hunt game and who desires to hunt the same must first obtain a license from the county clerk of the county in which he resides, * * * The license so issued to any resident of this State shall have attached two coupons for the shipment of deer. Each coupon shall be divided into two sections lettered ‘‘A’’ and ‘‘B”’ respectively. The holder of a resi- dent coupon license shall be entitled to offer for transportation or have transported within the State by a common carrier of this State one carcass of a deer or part of carcass of deer on each of the two coupons attached to his license. The agent receiy- ing the carcass or part of carcass for transportation shall detach section ‘‘A’’ of the coupon on which the same is to be transported and forward said section to the State fish and game warden. Section ‘‘B”’ is to be attached to the carcass or part of car- _eass of deer received for transportation and the two sections of the coupon must be canceled by said receiving agent, with the date ef reception for shipment and his initials written or stamped planly [sic] thereon. While in transit, section ‘‘ B’’ of the coupon must be on the said carcass or part of carcass of deer or the said carcass or part of carcass of deer shall be subject to seizure as contraband game. The receiv- ing agent or employe of transportation companies or common carriers are required to transmit to the State fish and game warden section ‘‘A’’ of the coupon as herein required, must so transmit the same within two days of the date of shipment. Any agent, servant or employe of any transportation company or common carrier who shall receive for shipment or transport any carcass of deer or part of carcass of deer without having the coupon attached thereto as herein provided, or who shall refuse or neglect to detach section ‘‘A’’ of the coupon as herein provided, or who shall fail to transmit or forward to the State fish and game warden as herein provided the section by him detached, sha]l be punished by a fine of not less than twenty- five dollars nor more than one hundred dollars or by imprisonment in the county jail not less than thirty days nor more than three months, or by both such fine and imprisonment, in the discretion of the court. No transportation company or com- mon carrier shall receive for transportation, or transport or attempt to transport any carcass of deer or part of a carcass of deer unless the same shall be received for trans- portation, carried and delivered pursuant to the provisions of this section relative to ee EE eee 132 DIGEST OF GAME LAWS FOR 1901. the coupons and parts of coupons, and shall only be received for shipment, carried or delivered during the season or time which the laws of the State shall fix as the open season for the transportation of carcasses of deer or parts of carcasses of deer. Shipping limit: Sec. 17. It is unlawful and is prohibited for any person holding a non-resident license as herein described to take out of the State more than fifty birds, fowls or animals, protected by the laws of this State, in any one year. Pro- vided, that this section shall be construed to mean that when fifty birds, fowls or animals of any kind or variety have been taken from the State by holder of a non- resident license further right to take any kind of birds, fowls or animals by the holder of the said license shall cease. No transportation company or common carrier shall receive for transportation or shipment out of the State any birds, fowls or ani- mals protected by the laws of the State, except when the same shall be in the per- sonal possession of, or carried as baggage or express by the owner thereof, and such owner shall have in his possession at the time of such taking out of the State a non- resident license duly issued to him under the provisions of law, and shall accompany the said birds, fowls or animals on the same train or other conveyance of the com- mon carrier beyond the borders of the State. Any person who shall violate any of the provisions of this section shall be punished by a fine of not less than fifty nor more than two hundred dollars, or by imprisonment in the county jail not less than sixty days nor more than six months, or by both such fine and imprisonment in the discretion of the court. Shipment: Sec. i8 [as amended 1901]. It is unlawful and is prohibited for any person a resident of this State to ship within this State any birds, fowls or animals, protected by the laws of this State,except when the same shall be in the personal possession of or carried as baggage or express by the owner thereof, and such owner shall have in his possession a resident license duly issued to him under the provision of law, and shall accompany the said birds, fowls or animals on the same train or other conveyance; provided, that there shall be only one shipment each day by any one person and that the number of birds or animals carried at any one ship- ment shall not exceed twenty-five altogether, and also provided that this section shall not apply to any game except woodcock, partridge, pheasant, prairie chicken or prairie hen, grouse of any variety, plover of any variety, and also provided that the number of snipe of any variety and acquatic [sic] fowl that may be transported under this section shall not exceed fifty. All game shipped or had in possession in violation of this act may be seized, confiscated and sold by any warden as provided by law. Any person who shall violate any of the provisions of this section shall be punished by a fine of not less than fifty dollars nor more than one hundred dollars, or by imprisonment in the county jail not less than sixty days nor more than six months or by both such fine and imprisonment in the discretion of the court. Marking packages: Src. 19 [as amended 1901]. It is hereby required that any and all packages containing fish or game shall be labeled in plain letters on the address side of the package, so as to disclose the number of pounds of each kind of fish and the number of each variety of game, animals or birds contained therein. Any person who shall deliver to a common carrier for transportation any package or parcel containing fish or game, which said package or parcel shall not be so labeled as herein required, or who shall place upon said package or parcel a false statement as to the contents thereof, shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment in the county Jail not less than thirty days, nor more than ninety days, or by both fine and imprison- ment. Any shipment made or had in possession in violation of this law may be seized, confiscated and sold by any warden as provided by law. Sec. 20 [as amended 1901]. Every person delivering to a common carrier a package or parcel containing fish or game, shall place upon said package the name and address of the shipper and the name and address of the person to whom shipped. 7 t ; as ° a : q L ; 4 ; WISCONSIN. 1338 Any person violating the provisions of this section shall upon conviction thereof, be punished by a fine of not less than ten dollars nor more than fifty dollars. Any shipment made or had in possession in violation of this law may be seized, confis- cated and sold by any warden as provided by law. Unmarked packages: Src. 21. It shall be unlawful, and is hereby prohibited, for any common carrier or agent, servant or employee of a common carrier, to receive for transportation or transport any package or parcel containing fish or game, unless the same shall be labeled as provided in sections 19 and 20 of this act. Any person, firm, or corporation violating the provisions of this section shall be required _to forfeit to the State of Wisconsin a sum not less than twenty-five dollars nor more than one hundred dollars, in the discretion of the court. Examination: Src. 22. It shall be within the power of every officer charged with the enforcement of laws protecting fish and game to examine and open any pack- age in the possession of a transportation company, which said package he shall suspect or have reason to believe contains contraband fish or game. It is hereby made the duty of every common carrier, agent, servant or employe thereof, to per- mit any officer charged with the enforcement of laws for the protection of fish and game to examine and open any package or parcel in the possession of said common carrier, or agent, servant or employe thereof, which the said officer so charged with the enforcement of said laws shall suspect or have reason to believe contains fish or game protected by the laws of the State, and not entitled under such law to be trans- ported, or when the said officer shall suspect or have reason to believe that the said package or parcel is falsely labeled. Any person, firm or corporation refusing to an officer charged with the enforcement of the fish and game laws permission to examine or open any such package or parcel or shall in any manner hinder or impede such action by the said officer, shall forfeit to the State of Wisconsin a sum not less than fifty dollars nor more than one hundred and fifty dollars, in the discretion of the court. Sec. 23. It shall be unlawful and is hereby prohibited for any person, firm or cor- poration acting as common carrier to bring into this State any fish or game from any State during the time that such other State prohibits the transportation of such fish or game from said State to a point without the same. Any person, firm or corpora- tion yiolating the provisions of this section shall be required to forfeit to the State the sum of not less than twenty-five dollars nor more than one hundred dollars in the discretion of the court. : Property of State: Src. 26. Section 4560, Wisconsin statutes of 1898 is hereby amended to read as follows: The ownership of and the title to all fish and game in the state of Wisconsin is hereby declared to be in the state, and no fish or game shall be caught, taken or killed in any manner at any time, or had in possession except the person so catching, taking, killing or having in possession shall consent that the title to said fish and game shall be and remain in the state of Wisconsin for the pur- pose of regulating and controlling the use and disposition of the same after such catch- ing, taking or killing. The catching, taking, killing or having in possession of fish or game at any time, or In any manner, or by any person, shall be deemed a consent of said person that the title of the state shall be and remain in the state for said pur- pose of regulating the use and disposition of the same, and said possession shall be consent to such title in the state whether said fish or game were taken within or without this state. Game in transit: Src. 28. It shall be unlawful and is prohibited for any person, firm or corporation or common carrier to ship into, or through this State from any other State any fish or game prohibited by the laws of said State to be shipped or transported and it shall be the duty of the State fish and game warden of this State or his deputy, to seize, hold, and dispose of, according to the laws of this State, any fish or game brought into or shipped into this State, or carried through, or attempted 134 DIGEST OF GAME LAWS FOR 1901. to be carried through this State, prohibited to be so shipped or transported by the laws of any other State, and further to dispose of the same according to the laws of this State. Any person, firm or corporation violating the provisions of this act shall be required, upon due proof thereof, to forfeit a sum not less than twenty-five dollars nor more than one hundred dollars, in the discretion of the court. Approved May 2, 1899. Laws of 1901, chap. 156. Game birds defined: Sec. 1. * * * For the purposes of this act the following only shall be considered game birds: The several species of wild geese, ducks, wood cock, snipe, plover, grouse, prairie chickens, pheasant, partridge and quail, desig- nated by name and protected by the game laws of this state. Approved April 9, 1901; published April 12, 1901. Laws of 1901, chap. —. [Note: Sec. 13 is incorporated above in chap. 312, 1899, sec. 18; sec. 16 in sec. 19; sec. 17 in sec. 20; and sec. 21 in Wis. Stats. sec. 1498 m. ] Sale seasons: Src. 14. Section 14, chapter 311, laws of 1899, is hereby amended so as to read as follows: Section 14, chapter 311 of the laws of 1899. It shall be unlawful and is prohibited to buy, sell or transport any green hide, green head, carcass or part of a carcass of any buck, deer, doe or fawn between the fifth day of December and the succeeding fifteenth day of November. Provided that this sec- tion shall not prohibit the shipment into this state at any time [of] the hides or skins of deer from another state if the same be lawfully taken and had in possession in the state from which such shipment is made. Any shipment made or had in possession in violation of this law may be seized confiscated and sold by and [any] warden as provided by law. Any person or corporation who shall violate any of the provisions of this act shall be punished by a fine of not less than twenty-five dollars nor more than fifty dollars and by imprisonment until said fine is paid, not exceeding sixty days. Permits: Src. 26. Section 14981 of the statutes of 1898 is hereby amended so as to read as follows: Section 14981. The state fish and game warden may on satisfactory testimonials, issue to any person a resident of this state, a permit to take any of the nests, eggs, birds, fowls, fish or animals of the state under conditions and restric- tions fixed by said warden. Tagging deer: Src. 28. Whenever any resident of this state holding a hunting license, shall kill a deer during the open season he shall immediately attach to the carcass of said deer section B of one of the coupons of his license. Whenever a non- resident of this state holding a hunting license for the hunting of all kinds of pro- tected game of this state shall kill a deer during the open season he shall immediately attach to the carcass of said deer sections B and C of one of the coupons of his license. Any person, company or corporation, before receiving for shipment, any carcass or part of a carcass of any deer, shall detach from the license of the shipper section A, of one of the coupons of said license and compare the same with the coupon or cou- pons attached to said carcass or part of a carcass and if they correspond the carcass or part of a carcass may be shipped provided the said carcass or part of a carcass of deer be accompanied by the shipper from the place of shipment to destination if within the state and to state line if destination be to a point without the state. Any carcass or part of a carcass of any deer had in possession in or near any hunting camp or found in transit or in any place for sale or storage, without the section of the hunting license coupon mentioned attached, may be seized, confiscated and sold by any warden as provided by law. Any resident who shall neglect or refuse to WISCONSIN—W YOMING 135 comply with the provisions of this act, or any non-resident who shall neglect or refuse to comply with the provisions of this act, or any person or agent of any person, company or corporation who shall receive for shipment or ship any carcass or part of a carcass of any deer in violation of this act shall on conviction thereof pay a fine of not less than ten dollars nor more than fifty dollars or [shall be punished] by imprisonment in the county jail not less than twenty days nor more than three months. WYOMING. Revised Statutes, 1899, pp. 602-604. Certificate: Src. 2112. Every person who may wish to transport beyond the limits of this State any carcasses, heads, antlers, scalps or skins of any animals killed in accordance with the provisions of this chapter, shall first procure from a justice of | the peace of this State a certificate stating that said carcasses, heads, antlers, scalps or skins were taken from animals which were killed in season and according to law. * * * [Penalty, $25-$100, or imprisonment 10-90 days, or both. ] _ Sale, Shipment: Src. 2117. It shall be unlawful at any time to capture, or pur- sue for the purpose of capturing, any of the wild animals mentioned in section 2107 [deer, elk, moose, antelope, mountain sheep, mountain goat], of whatever age, for the purpose of selling or disposing of the same, or for shipping the same out of the State; Provided, It shall be lawful to sell any colin or quail for the purpose of breed- ing, or to take the same alive, for preservation through the winter. It shall also be lawful for any person to take alive on his own premises, at any time and in. any man- ner, any of the animals hereinbefore mentioned for the sole purpose of domesticat- ing, or for scientific or breeding purposes. Any person violating any of the provi- sions of this section shall be punished by a fine of not less than one hundred dollars for each wild animal so captured or shipped. Export of buffalo: Src. 2119. It shall be unlawful for any person to kill, chase, pursue or catch any buffalo of any age at any season of the year in the State of Wyo- ming, or to drive or in any manner remove or transport any buffalo out of the State of Wyoming. Any person or persons who shall violate the provisions of this section shall be guilty of a felony, and upon conviction thereof shall be punished by imprison- ment in the State penitentiary for not less than three nor more than ten years; Provided, That this section shall not apply to tame or domesticated buffalo. Hides: Src. 2120. It shall be unlawful for any person or persons to purchase, or obtain by barter any green, tanned or untanned hide or hides or horns of any animals | mentioned in section two thousand one hundred and seven. Any person violating 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 twenty, nor more than | one hundred dollars, or imprisoned in the county jail for a period of thirty days, or by both. Shipping carcasses, ete.: Src. 2121. Itshall be unlawful for any railway, express company, stage line or other public carrier, or any of their agents or employees, or other person or persons, to receive or have in their possession for transportation any carcass, or part of carcass, hides, tanned or untanned, or horns of any of the animals mentioned in this chapter, except as otherwise provided by law. Except that noth- ing in this chapter shall prevent shipping or transporting in any manner mounted heads or stuffed birds or animals to any point in or out of the State; Provided, that such birds or animals were not killed in violation of this chapter, or that heads or horns were not taken from animals killed in violation of this chapter. Any person or persons or corporation knowingly transporting game or fish for market within or out of the State, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in the sum of not less than one hundred dollars nor more than . ied 136 DIGEST OF GAME LAWS FOR 1901. five hundred dollars for each consignment from one consignor to one consignee; Pro- vided, That none of the provisions of this seetion shall apply to game or fish in transit into or through this State from other States and Territories. Approved February 15, 1899. Session Laws of 1901, chap. 37, p. 36. Game birds defined: Sec.1. * * * For the purposes of this act the follow- ing only shall be considered game birds: The Anatidae, commonly known as swans, © geese, brant and river and lake ducks; the Rallidae, commonly known as rails, coots and mud-hens; the Limicolae, commonly known as shore-birds, plovers, snipe, sandpipers, tatlers, willets, curlews, godwist [godwits] and avocets; the Gal- linaw [Gallinz], commonly ee as grouse, prairie BUSSE pheasants, sagehens, partridges and quails. Approved February 14, 1901. — oe ee ee ee ee eS ee CANADIAN EXPORT LAWS. Extract from the Customs Tariff. Export: [Sec.] 8. The export of deer, wild turkeys, quail, partridge, prairie fowl and woodcock, in the carcase or parts thereof, is hereby declared unlawful and pro- hibited; and any person exporting or attempting to export any such article shall for each such offense incur a penalty of one hundred dollars, and the article so attempted to be exported shall be forfeited, and may, on reasonable cause of suspicion of inten- tion to export, be seized by any officer of the customs, and, if such intention is _proved, shall be dealt with as for breach of the Customs laws: Provided, that this section shall not apply to the export, under such regulations as are made by the _ Governor in Council, of any carcase or part thereof of any deer raised or bred by any person, company or association of persons upon his or their own lands. The Governor in Council is further authorized to regulate ‘‘the number of deer and parts thereof which may be exported in any year, when shot, under Provincial or Territorial authority in Canada, by any person not domiciled in Canada for sport, and for limiting the ports at which such deer may be exported, and for prescribing the conditions under which such exportation may be permitted: Provided, that deer in the carcase or parts thereof may be exported as prescribed by such regulations notwithstanding anything to the contrary in any Act of the Parliament of Canada.”’ [No prohibition against export of live game in the customs laws. ] Regulations respecting export of ‘Home-bred Deer.’ Order in Council No. 1064 B, August 17, 1899. Domesticated Deer: Any person who wishes to export any carcass or parts thereof of deer raised or bred upon his own land, or upon lands owned by a Com- pany or Association of persons of which he is a member, shall make affidavit upon the face of the export entry to the effect that the deer, the carcass or parts whereot is so entered for exportation, was raised or bred upon his own lands or upon lands owned or held by a company or association of persons of which he is a member (describing the location of such lands, and naming the association or company hold- ing the same). Regulations respecting export of deer shot for sport. Customs Dept. Mem. No. 1063 B, August 18, 1899. The following Regulations respecting the Export of Deer, shot for sport by persons not domiciled in Canada, have been made and established, viz. :— 1. Deer when shot for sport under Provincial or Territorial Authority in Canada, by any person not domiciled in Canada may be exported under the following condi- tions and limitations:— Ports: 1. The deer may be exported only at the Customs Ports of Halifax, Yar- mouth, Macadam Junction, Quebec, Montreal, Ottawa, Kingston, Niagara Falls, Fort Erie, Windsor, Sault Ste. Marie, Port Arthur, and such other Ports as shall from time to time by the Minister of Customs be designated for the export of deer. Seasons: 2. The exportation of deer in the carcase or parts thereof (except as to 137 138 DIGEST OF GAME LAWS FOR 1901. cured deer heads and hides of deer) shall be permitted only during or within fifteen days after the ‘‘open season’’ allowed for shooting deer under the laws of the Province or Territory where the deer to be exported has been shot. Number: 3. No person shall in one year export more than the whole or parts of two deer, nor shall exportation of such deer be made by the same person on more than two occasions during one calendar year. Prohibitions: 4. Deer in the carcase or any part thereof which has been killed in contravention of any Provincial or Territorial law shall not be exported, nor shall any deer in the carcase or parts thereof be exported without the permit of the Col- lector of Customs accompanying the shipment. Nonresident: 5. A person, not domiciled in Canada, who has shot deer for sport and not for gain or hire, under Provincial or Territorial Authority may make an export entry in duplicate of deer in the carcase or parts thereof so shot by him and allowed to be exported—upon subscribing and attesting before a Collector of Cus- toms a Declaration in the following form to be annexed to said export entry, viz. :— 25 * * * * * * Permit: 6. The Exporter shall produce his license or permit for shooting deer under Provincial or Territorial Authority to the Collector of Customs before the exportation of the deer and the Collector shall indorse thereon a description of the quantity and parts entered for exportation. The Collector of Customs at any Customs Port of Entry designated for the Export of Deer, upon receiving the said export entries duly completed, may thereupon under the seal of the Custom House, issue his permit for the exportation of the deer, if satis- fied as to the identity of the sportsman and that the exportation is not prohibited. PROVINCIAL LAWS. BRITISH COLUMBIA. Statutes of 1898, 61 Vic., chap. 24, pp. 123-125. Game birds defined: [Src.] 2. * * * The expression ‘‘game bird,’’ wherever the same occurs in this Act, shall mean a bird protected by the provisions of this Act. [Birds living on noxious insects, bittern, blackbird (English), chaffinch, duck, grouse (including prairie chicken), gull, heron, linnet, meadowlark, partridge (English), pheasant, plover, quail, robin, skylark, thrush. ] Export: [Sec.] 4. No person shall at any time purchase or have in possession, with intent to export, or cause to be exported or carried out of the limits of this Province, or shall at any time or in any manner export, or cause to be exported or carried out of the limits of this Province, any or any portion of the animals or birds mentioned in this Act [deer, elk, moose, caribou, mountain sheep, mountain goat, hare, quail, partridge, grouse, pheasant, duck and certain nongame birds enumerated in section 2], in their raw state; and this provision shall apply to railway, steamship and express companies. In determining the question of intent of any party charged under this section, any competent proof that the accused has within one year exported, or caused to be exported or carried beyond the limits of this Province, any bird or animal covered by this section, or any part of such bird or animal, shall be received as prima facie evidence of the existence of such unlawful intent charged in the complaint or information: Provided that it shall be lawful for any person having a licence under section 15 of this Act to export, or cause to be exported or carried out of the Province, the heads, horns and skins of such animals mentioned in section 9, subsection (d), of this Act, as have been legally killed by such licence- holder: Provided that the provisions of this section shall not apply to bear or beaver, marten or land otter. Sale: [Src.] 9. It shall be unlawful for any person at any time— (b) To buy or sell the heads of mountain sheep: _ (d) To expose for sale any deer without its head on, or any game bird without its plumage. Specimens: [Sec.] 12. The provisions of this Actshallnotapply * * * tothe 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 Moseum. * * —* Sale seasons: [Sxrc.] 13. No person shall buy or sell, or have in his or her pos- session, any of the said animals or birds, or any part or portion of any such animals or birds, during the period in which they are so protected: Provided always, that if lawfully killed and obtained, they may be exposed for sale for five days, and no longer, immediately after the commencement of such periods of protection. * * * Penalties: [Sec.]18. * * * Any person offending against any other provisions [than secs. 8 and 14] of this Act or of any regulations under it shall be liable for each offence, on conviction thereof in a summary manner as aforesaid, to a fine of not more than one hundred dollars, with costs, to be levied by distress, or to imprison- ment for any time not exceeding thirty days, or to both fine and imprisonment. May 20, 1898. 139 140 DIGEST OF GAME LAWS FOR 1901. MANITOBA. Statutes of 1900, 63-64 Vic., cap. 14, pp. 76-78. Sale: [Sec.] 15. No person, either on his own behalf or on behalf of any other person or persons, shall sell, purchase or-offer or expose for sale, barter or exchange any of the animals mentioned in section 3 [deer, cabri or antelope, elk or wapiti, moose, reindeer or cariboo], other than the heads and hides of such animals, nor any of the birds mentioned in sub-section (a) and (b) of section 6 [grouse, prairie chicken, pheasant or partridge, plover, quail, woodcock, snipe, sandpiper]. Export: [Sec.] 17. No person or corporation shall at any time or in any manner export or cause to be exported or carried out of the limits of this Province any of the animals or birds mentioned in this Act, excepting on a special permit from the Minister of Agriculture and Immigration, and then only in case of live animals or birds for the purpose of domestication, and mounted heads and dressed skins, and not in any one case to exceed two in number of each kind. -This provision shall apply to railways, express companies and other common carriers. Penalty: [Src.] 24. Any person offending against any of the provisions of sec- tions * * * [15 and 17] of this Act shall be liable for each offence to a fine not exceeding $100 and not less than $10, together with costs of prosecution; * * * Assented to May 21, 1900. NEW BRUNSWICK. Acts of 1899, 62° Vic., Cap. VIII, pp. 67-88. Game defined: [Src.] 2. (b) The expression ‘‘game’”’ includes any animal or bird mentioned in this Act, or of a species or class similar thereto. [ Moose, caribou, deer, mink, fisher, sable, muskrat, beaver; partridge, goose, brant, teal, wood duck, dusky or black duck, snipe, woodeock, sea gull, pheasant, and ‘any small birds which frequent the fields and woods’ (except blackbirds, crows and English sparrows. ) | ; False representation: [Src.] 4. Everyone is guilty of an offence and-liable to the penalty hereinafter provided who at any time or season hereafter, in any part of the Province: . (ec) Not being the actual owner of the property in Section 5, sub-Section (a) described, falsely and willfully represents himself as such, for the purpose of effect- ing the transportation thereof. [Penalty, fine $20-$50, or imprisonment 20 days to 2 months. ] Shipment: [Src.] 5. Every corporation, railway, express company, or other common carrier, or person acting as a common carrier, shall be guilty of an offence and liable to the penalty hereinafter provided, who, at any time or season hereafter in any part of the Province: (a) Carries or transports from place to place any live moose, caribou or deer, or the carcass or any portion thereof, or the green hide of such game unless the same be accompanied by the owner thereof, and be open to view and tagged or labelled with the owner’s name and address: [Penalty, fine $50-$100. ] (b) Carries or transports without the Province any live game or the carcass or any portion thereof, or the green hide or pelt of any game. Nothing herein shall apply to game transported or exported on the special permit of the Surveyor General under the provisions of Section 44, or to the transportation of heads or hides of moose, caribou or deer, shipped or delivered to any bona fide taxidermist within the Prov- ince. [Penalty, fine $50-$100. ] NEW BRUNSWICK—-NEWFOUNDLAND. 141 Sale: [Sec.] 7. Notwithstanding anything in this Act contained it shall be lawtiul to (6) Buy, sell, offer or expose for sale J. Any wild goose or brant between the end of the close season for killing such game, in any year, and the first day of March then next following: If. Any partridge within the County of Northumberland, provided that such partridge be killed in open season within such County and be not exported therefrom. Licenses: [Ssc.] 44. The Surveyor General may issue licenses not inconsistent with any law of the Dominion of Canada, authorizing the exportation from the Province, or the transportation within the Province of any game, whether alive or dead, and 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. | [Src.] 45. No license or permit issued under the provisions of this Act shall be valid unless signed by the Surveyor General and countersigned by the chief game commis- sioner or warden who may have issued the same. Acts of 1900, 63° Vic., Cap. XX XIX, pp. 207-210. Sale, Partridge: [Srec.] 1. Everyone is guilty of an offence and liable to the penalty hereinafter provided who * * * buys or sells or offers or exposes for sale * * * any partridge between the date of the passage of this act and the fifteenth day of September A. D. 1903. [Penalty, fine $10-520 or imprisonment 10-20 days. ] Export of partridges: [Src.] 13. (1) No person, under a penalty of not less than ten dollars or more than twenty-five dollars for each offence shall hunt, take or kill any partridge or partridges for the purpose of exporting the same, or export or ~ attempt to export the same out of New Brunswick, and in all cases the onus of prov- ing that any such partridge or partridges so hunted, taken or killed, is, or are not intended to be exported as aforesaid shall be upon the person hunting, taking or killing the same, or in whose possession or custody the same may be found, and the partridge or partridges so attempted to be exported shall be forfeited, and may, on reasonable cause of suspicion of intention to export, be seized by any Game Warden or other person for such purpose appointed and authorized by the Surveyor General. (3) Upon proof having been made that any person or persons have exported or attempted to export any partridge or partridges in violation of sub-section (1) of this section, it shall be presumed that the same were killed within the Province until the contrary is shown beyond any reasonable doubt. Passed April 12, 1900. NEWFOUNDLAND. Consolidated Statutes, second series, 1892, cap. 144, p. 980. Sale of ptarmigan: [Sec.]| 1. No person shall hunt, kill, wound, take, sell, bartar, purchase, receive, give away, or have in his possession, any ptarmigan or willow grouse (commonly called partridge), or any other kind of grouse or partridge, or the eggs of any such birds within this colony between the twelfth day of January and the fifteenth day of September in any year, under a penalty of not exceeding one hundred dollars, or, in default of payment, of imprisonment not exceeding three months: * * * Provided further, That any person who shall actually have in his possession at or upon the twelfth day of January aforesaid, any ptarmigan or willow grouse shall be allowed to offer for sale such ptarmigan or willow grouse until the twenty-second day of January in each year. 142 DIGEST OF GAME LAWS FOR 1901. Saleof hares: [Src.]3. No person shall hunt, take, kill, wound, sell, barter, receive, purchase, or give away, any wild rabbit or hare, within this colony and its depen- dencies, from the first day of March until the fifteenth day of September in any year, under a penalty of twenty-five dollars, and, in default of payment, to be imprisoned for a period not exceeding one calendar month: * * * Provided also, that with the permission of a Magistrate such rabbit or hare may be taken alive at any time and in any district for the purpose of propagating the species. Acts of 1899, 62 and 68 Vic., cap. 18, pp. 222-225. Export: [Srec.] 16. Save as excepted by this Act no person shall export the carcase or skin or any part thereof of any caribou, nor shall the owner, master, officers or crew of any vessel permit the exportation therein of the carcase or skin or any part thereof of any caribou, except by a licensee, and under a permit of a Customs’ Officer. Export under license: [Sxrc.] 17. (a) A person holding a license under this Act may export a carcase and antlers, skin or any part of any caribou killed under the said license, upon entering the same at some Custom House for exportation and recelying a permit therefor. Such person shall make oath or affirmation, specifying the quantity and quality of the articles which he is about to export, and that the same are portions of caribou killed under license held by him, specifying the person from whom he obtained the said license, and the date thereof, and that the articles about to be exported are not being exported as articles of commerce, and the licensee shall thereupon pay a fee of fifty cents to the Officer of Customs before whom such export entry is made, which fee the said Officer is hereby authorized to retain. (b) A person not a licensee, but domiciled in this Colony, may export the antlers, head or skin of a caribou upon entering the same for exportation at a Custom House in the Colony and receiving a special permit therefor. Such permit shall not be granted except upon an affidavit made before the Customs’ Officer to whom applica- tion for a permit is made, stating the name of the owner of the article to be exported, its destination, and the person from whom and place where it was obtained. The affidavit shall be transmitted by the Officer of Customs to the Department of Finance and Customs. Propagation: [Src.] 21. It shall be lawful for the Minister of Marine and Fish- eries to authorize the capture and exportation of caribou alive and the killing and exportation of caribou, or any part thereof, for the purpose of sale and of exchange to and with game societies or to museums, societies or institutions in other countries, despite any Act forbidding the exportation thereof; and the Minister of Marine and Fisheries may expend any portion of the fund derived hereunder from licenses in purchasing game birds or the eggs of game birds, or moose or elk or other wild animals for the purpose of increasing and improving game. [Sec.] 24. Any person who shall be convicted of any violation of the provisions of this Act shall thereafter be incapable of receiving a license under this Act. Penalties: [Src.] 28. Any person who shall violate any section of this Act for which no other penalty is herein provided shall be liable to a fine not exceeding five hundred dollars, and in default of payment to imprisonment for any period not exceeding six months. If the master, owner, officers or crew of any vessel be con- victed of a violation of section sixteen, the penalty for such violation shall constitute a claim against the said vessel, and become a lien thereon, and may be collected and enforced hy the seizure, confiscation and sale of the said vessel despite any change of registry or ownership between the date of the office [offence] and the seizure of the vessel. Passed June 19, 1899. NEWFOUNDLAND—NOVA SOOTIA. 145 Acts of 1899, 62 and 63 Vic., cap. 27, p. 249. Export of grouse: [Serc.] 2. It shall be unlawful for any person to export from this Colony for sale as an article of commerce any willow or other grouse, or partridge, under a penalty of five dollars for each bird so exported. Penalty: [Src.] 3. The penalty provided in the last preceding section may be sued for and recovered in a summary manner by any person before any Justice of the Peace, and in default of payment of such penalty the person liable therefor may be sentenced by such Justice to imprisonment for a period not exceeding three months. Propagation: [Sec.] 4. It shall be lawful for the Minister of Marine and Fisheries at any time to authorize the hunting, shooting, taking, killing and export of any willow or other grouse, or partridge, and the taking and export of the eggs of any such game for the purpose of exchange with, or presentation to any other colony or any game society, or otherwise, as he may deem expedient and advisable, and on such terms and conditions as he may see fit to impose. Passed July 19, 1899. NORTHWEST TERRITORIES. Consolidated Ordinances 1898, chap. 85. Domestication: [Src.]2. * * * Provided also that the fawn of any of the said animals [elk, moose, cariboo, antelope, deer, mountain sheep or goat] may be taken, alive and domesticated. No. 15 of 1895, s. 1; No. 26 of 1897, ss. 1, 3. Export: [Src.] 13. No person or corporation shall at any time or in any manner export or cause to be exported or carried out of the limits of the North-West Terri- tories any grouse, partridge, pheasant, prairie chicken, elk, moose, cariboo, antelope or their fawn. No. 8 of 1893, s. 11; No. 26 of 1897, s. 5. Penalties: [Src.] 14. Any violation of any of the provisions of this Ordinance shall be an offence punishable, on summary conviction before a justice of the peace, * * * with a fine not exceeding $50, with costs of prosecution, half of which fine shall be paid to the informer on his demand therefor and the other half shall be paid into the general revenue fund of the North-West Territories. * * *. On nonpay- ment of such fine and costs forthwith after conviction the offender shall be imprisoned in the nearest gaol for a period not exceeding two months. No. 8 of 1893, s. 12. Permits: [Src.] 16. The commissioner of agriculture upon application being made to him by any person may grant such person written permission to procure birds or eggs for scientific purposes during the close season. (2) Every such application shall state the kind and number of birds or eggs required and the special scientific purposes for which such birds or eggs are intended and every application shall be verified by affidavit of the applicant. No. 8 of 1893, s. 14; No. 26 of 1897, s. 6. Sale: [Src.] 18. No person shall at any time offer for sale, barter or exchange any prairie chicken that has been caught or killed by any person other than himself. No.8 of 1893, s. 16. {Smc.] 19. No person shall sell or expose for sale, barter or trade nor shall any person buy or obtain from any other person by barter or trade or in any other manner any mountain sheep or goat or any part thereof. No. 26 of 1897, s. 2. NOVA SCOTIA. Statutes of 1896, 59 Vic., chap. 4, pp. 11, 14. Game defined: [Src.] 2. * * * ‘‘Game”’ shall mean and include moose, caribou, red deer, American elk, beaver, hares, wild rabbits, minks,. and animals 144 - DIGEST OF GAME LAWS FOR 1901. valuable only for their fur (except otters, skunks, woodchuck, raccoon, weasels, bears, wolves, loup-cerviers, wildcats, and foxes), Canada and ruffed grouse, com- monly called partridge, pheasants, blackcock, capercailzie, ptarmigan, sharp-tailed grouse, woodcock, snipe, blue-winged ducks, teal, and wood-ducks. Sale of moose orcaribou: [Src.]9. Every person who brings or sends the carcase of a moose or caribou to the city of Halifax or any incorporated town for sale, shall bring or send together therewith the neck and forelegs of such moose or caribou, and shall retain and keep the same exposed, together with the meat so offered for sale, and any failure to do so shall be a violation of chis section. (2.) Any officer, member or agent of the Game and Inland Fishery Protection Society of Nova Scotia, any game commissioner, or any police or detective officer or constable, shall have the right, and it shall be his duty, to examine any carcase or part of a carcase of a moose or caribou wherever found or seen, and generally to make such search or enquiry as may be necessary for the purpose of ascertaining whether or not there has been a violation of this section; he shall also have the right, and it shall be his duty, to mark such neck and forelegs in such a manner as to render the same easy of deeege ion; and any one who obstructs, impedes or interferes with such officer, member, agent, or other person in the Aiccteee of his duty, or refuses to give him information or help if requested, shall be guilty of a violation of this section. E ; (3.) Any person violating this section shall be liable on conviction to a penalty not exceeding fifty dollars. Licenses: [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 pro- cured for propagation, a special license, setting forth the particular purpose of the inquiry, and signed by the Provincial Secretary, or his deputy, having been ne obtained for that purpose from the Provincial Secretary’s office. Passed February 15, 1896. ONTARIO. Statutes of Ontario, 68 Vic., 1900, chap. —. Game defined: [Src.] 2.—(1) The expressions ‘‘game animal”’ and ‘‘game bird”’ wherever the same occur in this Act, shall mean a bird or animal protected by the | provisions of this Act. [Deer, moose, reindeer or caribou, elk or wapiti, black and grey squirrels, hare, cotton-tail rabbit, beaver, otter, muskrat; grouse, pheasant, prairie fowl or partridge, woodcock, quail, wild turkey, swan, goose, duck or other water fowl, snipe, rail, plover or other shore birds.] RR. 8. O. 1897, c. 287, 8. 2. Special protection: [Src.] 7. (2) If at any time it shall appear that any migra- tory game bird is in danger of extinction, and that the hunting, shooting and sale thereof has been, or is about to be, by law forbidden in any two or more of the United States of America lying to the south of the Province of Ontario, one of such States being the State of New York or the State of Pennsylvania or the State of Michigan, the Lieutenant-Governor-in-Council may by Order-in-Council in like manner protect such migratory game bird in this Province for the period in which the same is protected in such States. (3) If at any time it shall appear that any game animal or non-migratory game bird has for any reason become so diminished in numbers in this Province as to require further protection than is afforded thereto by the provisions of this Act, the Lieutenant-Governor-in-Council may by Order-in-Council forbid the hunting, shoot- ing and sale thereof during any year or season in which such hunting, shooting and sale would under the provisions of this Act be lawful. Hunting for hire: [Src.] 12. No person shall for hire, gain or hope of reward, hunt, kill or shoot any game birds or animals, or employ, hire or for valuable con- ONTARIO. - 145 sideration induce any other person so todo. Provided that this shall not be held to apply to the bona fide employment of any person as guide to accompany any person lawlufly hunting or shooting in this Province. 62 V. (2), ¢. 83, 8. 5. Sale: [Srec.] 15. (2) Except as expressly authorized by license issued under this Act, and as in this section expressly provided, no person shall by himself, his servant, clerk or agent, buy, sell, or expose or keep for sale, or directly or indirectly, on any pretense or device, or for any valuable consideration, barter, give or obtain, to or from any other person, any game animal or bird, or any part thereof, no matter where killed or procured. Provided that the person who has actually and lawfully hunted, taken and killed any game animal or bird may sell the same, or any part thereof, during the open season therefor. Provided also that it shall be lawful to buy from such person, or from the holder of a game dealer’s license, any game animal or bird, which such person or licensee is at the time of such sale authorized to sell under the provisions of this Act. Provided also that notwithstanding any- thing in this Act contained, no snipe, eran quail or partridge shall be bought or sold before September 15th, 1905. 62 V. (2), c. 33, 8. 5. Shipment: [Src.] 16.—(1) No common carrier or ae person shall transport, or receive, or have in possession for that purpose in this Province, at any time,-any deer, moose, elk, reindeer, or caribou, or any head, skin or other part thereof, unless there is attached thereto one of the shipping coupons belonging to a license author- izing the shipper to hunt or kill the same as provided in this Act. 62 V. (2) c. 33, s. 7. (2) No common carrier or other person shall transport or receive or have in pos- session for that purpose in this Province, any game bird or animal, or any head, skin, or other part thereof, during the close season therefor, unless there be nae thereto (in addition to a shipping coupon if required) an affidavit of the shipper that the same was lawfully hunted and taken. 62 V. (2) ¢. 33, s. 7. (3) The two preceding sub-sections shall not apply to prevent the transportation of any deer, moose, elk, reindeer or caribou, or any head, skin or other part thereof, if accompained by an affidavit that the same was lawfully killed in some other Province of the Dominion of Canada according to the law of such Province. 62. V. (2) ¢. 33, s. 8 pt. (4) Any non-resident who may at any time be entitled to hunt or shoot within the Proyince of Ontario by virtue of a license under this Act, shall, so far as the authority oi the Legislature of the Province of Ontario extends, be at liberty to export out of the Province in any one open season game actually and lawfully killed by him, as follows: one bull moose, reindeer or caribou, deer (not exceeding 2), duck (not exceeding 100); but a shipping coupon attached to such license as hereinafter pro- vided must be attached to every such deer and to every parcel or package containing such other game, and such person must, if required by any warden or deputy warden, make a statutory declaration of the fact that such game has been lawfully falledsoyiim- iv..8: ©..1897, ¢c. 287, ss. 4 (3); 14 (3), 62 V. (2) c. 33, & 2 (1). (5) Except as aforesaid, no person shall at any time export from the Province of Ontario, or with such intent hunt, take or kill any game animal or bird, except any deer, moose, elk, reindeer or caribou which are not wild but which are the private property of any person and have been killed or taken by such person or by his con- sent in and upon his own lands and premisés. R. 8. O. 1897, c. 287, s. 14 (3). (6) Every express company and common carrier, and every person or corporation engaged in the business of purveying or dealing in game, shall upon request permit any warden or deputy warden to enter and-inspect any building or car for the pur- pose of searching for game illegally killed or possessed, and shall afford such warden ‘or deputy warden all reasonable facilities in making such search. 62 V. (2) c. 33, 8. 8 pt. CZ) All bags, boxes and parcels of every kind in which game is packed for trans- portation, shall be so constructed as to show the contents thereof and shall- be 5037—No. 16—01——11 146 DIGEST OF GAME LAWS FOR 1901. marked or labelled with the description of the contents and the name and address of the owner thereof. 62 V. (2) ¢. 33,8. 8. Coupons: [Src.] 26.—(1) There shall be attached to every [hunting] tous issued under the preceding section two shipping coupons according to the form estab- lished by the Board of Game Commissioners as aforesaid, except that only one coupon shall be attached to license to hunt moose, and when any deer, moose, rein- deer or caribou, or any part thereof, or any game for export under section sixteen of this Act, is presented for shipment at any railway station, steamboat landing or other point of shipment, one of the said coupons shall be signed and detached by the person to whom the license is issued, in the presence of the shipping agent or clerk in charge of the office at such point of shipment, ana attached to each deer or other animal, or part thereof, or package as aforesaid, and thereupon such shipping agent shall write across the face of such coupon the word ‘‘cancelled’’ ; and any person, shipping agent or clerk neglecting so to do, or shipping or assisting in the shipment — of anything to which a shipping coupon is required to be attached, without comply- ing in all respects with the provisions of this section, shall be guilty of an offense against this Act.: R.S. O., 1897, ¢. 287, 8.3 (3): 62 V. (2), c. 33) csieieGi eee (2) The Chief Warden if satisfied that more than two shipping coupons will rea- sonably be required by a non-resident applying for a license under Section 25a of this Act, may issue to such person non-resident license haying more than two cou- pons thereto, an additional duplicate license upon payment of such additional fee and subject to such conditions as may be established by regulation of the Board of Game Commissioners. Licenses: [Src.] 27.—(1) The Chief Warden shall, subject to such rules and conditions, and upon payment of such fees, not exceeding the amounts hereinafter specified, as may from time to time be fixed and established by regulation of the Board of Game Commissioners, issue licenses to persons applying therefor for the purposes hereinafter specified. COLD STORAGE (a) Authorizing any person or corporation engaged in the business of cold storage of perishable articles to keep any game animals or birds during the close season therefor in any year and until the commencement of the next open season. License fee $20.00: . 62 V.., (2); c: 33,8 GAME DEALERS. (6) Authorizing any person or corporation during the open season and during such period in close season not exceeding twenty days as may be fixed by regulation of the Board of Game Commissioners, to buy and sel, and, within the limits of the municipality for which license is issued, to expose for sale, game animals and birds lawfully killed and procured; and during such period and upon such conditions as may be fixed and established by regulation of the Board of Game Commissioners, game animals and birds import-d into the Province of Ontario specified and described in such regulation and lawfully hunted, killed or procured according to the law of the Province, State or Country where the same may have been killed or procured. License fee in cities having a population of 100,000 or over, $25; in other cities having a population of over 50,000, $10; in other cities having a population under 50,000 and over 25,000, $5; in cities having a population under 25,000 and in towns, $2; and in incorporated villages and townships, $1. HOTELS, RESTAURANTS AND CLUBS. (c) Authorizing a hotel, restaurant or club to supply during close season for or as part of a meal served upon the premises of such hotel, restaurant or club, any game animal or bird lawfully obtained during the period in which the same may be sold EE a eS por Fe ese Se ; ONTARIO—QUEBEC. bAT under game dealer’s license as hereinbefore provided. The license fees shall be for cities having a population of over 100,000, $10; for cities having a population of over 50,000, $5; and in cities having a population of less than 50,000 and all other munici- palities, $1. 62 V. (2) c. 33, s. 5. Penalties: [Sec.] 29.—(1) Any person committing any offence under this Act in respect of deer, moose, elk, reindeer, cariboo * * * shall be liable for each offence to a fine not exceeding $50 and not less than 520, together with the costs of prosecution, and any person committing any other offence against any of the provisions of this Act shall be liable for each offence to a fine not exceeding $25 and not less than $5, together with the costs of prosecution, and in default of immediate payment of such fine and costs, shall be imprisoned in the common gaol of the county where such conviction takes place, for a period not exceeding three months. 62 VY. ae. 55, Ss. 10. (1). (3) A violation of this Act shall constitute a separate offence in respect of each and every game animal or bird which is the subject thereof. * * * (4) Any person offending against any of the provisions of this Act who has been - convicted of the same or any other offence against this Act within two years there- tofore, shall be liable to a penalty of not less than double the minimum penalty here- -inbefore provided for such second offence, and upon a third or any subsequent conviction such person shall be liable to a penalty of not less than the maximum penalty hereinbefore provided. 62 V. (2) c. 33, s. 10 (2). QUEBEC. Revised Statutes as amended by Statutes of 1899, 62 Vic., Chap. XXIV. Shipment: [Arr.] 1397. After the first [fifteen]! days of the close season, all railway, steamboat and other companies, and public carriers, are forbidden to carry [any moose, caribou or deer, the whole or any part of the flesh of such animal or the green hide thereof. ] Any railway, steam boat or other company or any person favoring in any manner whatever the contravention of this article, shall be Hable to a penalty [of not less than ten dollars, and not more than twenty dollars. ] Nevertheless, it is lawful for the Commissioner, at any time, to grant transport permits when it has been established to his satisfaction that the moose, caribou or deer or parts thereof which it is desired to transport have been taken or killed during the time when hunting is allowed and 1n a lawful manner. For such permits there may be exacted a fee, the amount whereof shall be fixed by the Commissioner, according to circumstances, but which shall not exceed five dollars. Sale seasons: [Arr.] 1405. Every animal or bird protected by the preceding articles when lawfully taken or killed, or any portion of such animal or bird may be bought or sold, during [fifteen days] to be computed from the expiration of the period fixed by the section for the taking or killing thereof. Assented to February 25, 1899. Statutes of 1901, 1 Ed. VII, Chap. 12, p. 52-54. Sale of partridges: [Art.] 3. The following article is added aiter article 1400 of the Revised Statutes, as enacted by the said act: 1400a. It is forbidden to sell, expose for sale or to have in possession for the pur- pose of sale, any birch- or swamp-partridge before the first day of October, 1903. Every delivery of partridge, otherwise than merely gratuitous, shall constitute a sale in the terms of this provision. 1 Words in brackets indicate changes in the Revised Statutes. 148 DIGEST OF GAME LAWS FOR 1901. | Any infringement of the provisions of this article shall render the person guilty thereof liable to a fine not exceeding $15.00 and not less than 35.00. Licenses: [Arr.] 6. The following articles are added to the Revised Statutes after article 1417a, as enacted by the said act: | 1417d. The Commissioner may, upon payment to him of a fee according to a tariff established by the Lieutenant-Governor in Council, grant to any person, com- pany or corporation keeping cold storage warehouses or to any hotel or restaurant keeper or to any club, an annual license permitting of the keeping in such cold storage warehouses or in refrigerators, during the close season, game to be used as food, and in addition, if it concerns a hotel, restaurant or club, to serve for consump- tion therein, during the close season, all game of which the sale is not prohibited in virtue of article 1400a or 1420, provided that in all such cases the game has been law- fully taken or killed during the time when hunting is permitted. | The application for the license must be in writing and give a description of the place in which such game is to be stored. The license describes the place for which it is granted, gives the name and address of the person, company, corporation or club licensed, specifies the year for which it is issued, and is signed by the Commissioner, and countersigned by the Game Superintendent. ; All persons, companies, corporations or clubs, licensed in virtue of this article, are prohibited from receiving after the end of the fifteenth day following the commence- ment of the close season, any game for the purpose of placing it in refrigerators or of selling it for consumption under this article. | Every game-keeper or other person authorized by the Commissioner may, at rea- sonable hours, inspect such warehouses and refrigerators, and seize therein any game he has reason to believe to have been taken or killed during the close season or by -any unlawful means or haying been received after the end of the fifteenth day fol- lowing the commencement of the close season, and bring it before a justice of the peace who, if the law has been infringed, shall declare the whole or part thereof confiscated for the benefit of the province. ‘ The proof that game stored or sold for consumption under this article was lawtuily killed or taken during the time when hunting is permitted, or that it has not been received for storage or for sale for consumption after the end of the fifteenth day fol- lowing the commencement of the close season, is at the charge and expense of the : person, company or corporation keeping the cold storage warehouse, or of the pro- prietor of the hotel or restaurant, or of the club, in which the game is found. « Every person, company, corporation or club receiving game for storage or for sale - for consumption or storing game contrary to the provisions of this article, shall be liable to a fine of $20.00 at least, and not more than $100.00. Special sale prohibition: [Arr.] 7. Article 1420 of the Revised Statutes,’ as enacted by the said act, is amended by adding thereto the following clause: The Lieutenant-Governor in Council may also, whenever he deems it expedient, prohibit, for a term not exceeding three years, the sale, the offering for sale, or the possession for the purpose of sale of any game protected by the preceding articles, or prolong, for a similar time, the prohibition to sell, offer for sale or to have in posses- sion for the purpose of sale, any game of which the sale, exposing for sale or the possession for the purpose of sale is prohibited by any provision of law. Assented to March 28, 1901. ‘Arr. 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. ll i Sed ee a fll INDEX. Alabama, export 61, law 80-81, methods 41, sale 55, seasons 21. Alaska, law 75-76, seasons 38. American Ornithologists’ Union, definition of game, 12,13. efforts for bird protection, 16. Antelope, special protection, 16, 36-37. Arizona, bags 44, export 61, law 81, methods 41, propagatiou 66, sale 55, seasons 21. Arkansas, export 61, law 82, licenses 48, methods _ 41, seasons 21. Assiniboia, big game killing prohibited, 37. Baited hooks, 43. Baiting doves, 42. Batteries, 40, 41-42. Bears, protected in Quebec, 12. Big game, 12. close seasons in Maine, 15. depletion, 36. in Assiniboia, 37. North America, 12. number that may be killed, 88. open seasons, 38. restrictions in killing, 36-38, 40-44. special protection, 16-17, 36-38. Birds not properly game, 12. Blackbirds not properly game, 12. Blinds, 40, 41-42. Boats, 40, 41-42. Bough houses, 40, 41-42. Brimstone, 43. British Columbia, bags 46, export 64, law 139, licenses 49, methods 42, sale 56, seasons 34, 38. Bull bats (see Night hawks). Bullets, hard-pointed, 43. California, bags 44. export 61, law 82-83, methods 41, propagation 66, sale 55, seasons 22. . Canada, bags 46, export laws 137-138, import pro- | visions 50, laws 137-148, licenses 49-50, methods 42, seasons 34-35. Careless shooting, 16. Caribou, special protection, 36-37. Chickasaw Nation, 93-94. Close seasons, 20-35. on certain days, 20-21. table, 21-35. Colorado, bags 45, exports 61, law 83-87, methods 41, propagation 66, seasons 22, 38. Common carriers, receipt of- game for ship- ment, 58. right respecting suspected packages, 58. Conditions of hunting restricted, 41, 42, 43, 44. Connecticut, bags 45, export 61, law 87-88, meth- ods 41, sale 55, seasons 22. | County licenses, 47. Cranes removed from game list, 12. Crusting, 40, 41-42. Curtis Act, 93. Days, special close seasons, 20-21. Deceptive devices, 41 42. Decisions: Federal courts, 18, 35, 54. State courts, 49, 52, 53. Decoys, 43. Deer, effect of protection in Vermont, 36. protected in New Jersey, 12. special protection, 36-37. Deer preserves in Ontario, 17. Definitions of game, 11-13. Delaware, export 61, law 88, licenses 48, methods 41, sale 55, seasons 22. Dist: ict of Columbia, early law 13, law 73-75, methods 41, seasons 22. Dogs, 40, 41-42. . Dove, special protection, 39. | Doves not properly game, 12. Drugged food, 41-42. Early laws, 13-15. \ Eggs of game birds, importation prohibited, 73. \ Elk, special protection, 16, 36-37. Explosives, 438. Export of game, 60-65. Export of game for propagation, 48, 65-67. Federal laws, 69-79. Alaska, 75-76. District of Columbia, 73-75. Forest reserves, 79. Government reservations, 79. Indian Territory, 76. Lacey Act, 71-72. Mount Rainier National Park, 76. Sequoia National Park, 77. Tariff Act, 72-73. Yellowstone National Park, 77-78. Ferrets, 41-42. Fire, 40, 48. Fire hunting, 40, 41-42. Flickers not properly game, 12. Florida, bags 45, export 61, law 89, licenses 48, methods 41, sale 55, seasons 22. Forest rangers as wardens, 17. Forest reserves, 17, 79. Game, authority to protect, of Lieutenant-Goy- ernor of Ontario, 17, 38. birds not properly so regarded, 12. capture controlled by State, 18. definitions, 11-12, 13, diminution, 36. mammals not properly so regarded, 12. 149 ee tan: 150 INDEX. Game, North American, 12. Laws, Federal—Continued. omitted from laws, 17. Sequoia, Yosemite,and Gen. Grant parks, 77. possession qualified, 52. Tariff Act, 72-73. rights of carriers regarding suspected pack- Yellowstone National Park, 77-78. _ ages, 58. Laws, Provincial: special protection, 16-17, 18, 35-39. British Columbia, 139. State ownership, 18, 52. ; Manitoba, 140. wasting, 43-44. New Brunswick, 140-141. Game bags, limits, 44-46. Newfoundland, 141-143. Game birds, A. O. U. definition, 12,13. Northwest Territories, 143. introduced, 39. Nova Scotia, 143-144. special protection, 38-39. - Ontario, 144-147. Game for propagation, restrictive legislation, 65. |. Quebec, 147-148. Game laws in public schools, 16. Laws, State: Geer v. Connecticut, 35, 54. Alabama, 80-81. General Grant National Park, 69, 77. Alaska, 75-76. Georgia, export 61, law 89-90, licenses 48, meth- Arizona, 81. ods 41, seasons 22. Arkansas, 82. Government reseryations, law, 79. California, 82-83. Ground squirrels not properly game, 12. Colorado, 83-87. Guides, 43. Connecticut, 87-88. licenses, 48-50. Delaware, 88. Guns, 40, 41-42. ; District of Columbia, 73-75. Hallock Code, 19. Florida, 89. Hides, 51-52, 60. Georgia, 89-90. Highway shooting, 43. Idaho, 90-91. History of game legislation, 13-15. Illinois, 91-92. Hounding, 40, 41-42. Indiana, 9? 93, Hunting permits in North Carolina, 47. Indian Territory, 76, 93-94. Idaho, bags 45, export 61, law 90-91, methods 41, Towa, 94. sale 55, seasons 22, 38. Kansas, 99. Illinois, export 61, law 91-92, licenses 48, methods frie 41, propagation 66, sale 55, seasons 22. “on ae : : Maryland, 97-98. Imported eames Maine, 14. Massachusetts, 98-100. POSS ie epi oe Michigan, 100-102. sale and storage, 53-54. Minnesota, 102-106. Import regulations of Canada, 50. Mississippi, 106. Indiana, bags 45, export 61, law 92-93, licenses 48, Missouri, 106. methods 41, propagation 66, sale 55, sea- Montana, 107. sons, 22-23. Nebraska, 107-111. Indian Territory, export 61, law 76, 93-94. Nevada, 111-112. Iowa, bags 45, export 62, law 94, licenses 48, New Hampshire, 112-113. methods 41, sale 55, seasons 28. New Jersey, 113-114. Jacking, 40, 41-42. New Mexico, 114. Kansas, export 62, law 95, methods 41, sale 55, New York, 114-115. 4 seasons 23. North Carolina, 115-116. Kentucky, early law 13, methods 41, seasons 23. | North Dakota, 116. Killing at night prohibited, 41-42. Ohio, 116-117. Killing in snow prohibited, 41-42. . Oklahoma, 117-118. Lacey Act, 71-72. Oregon, 118-121. Larks (see Meadowlarks). Pennsylvania, 121-122. Launches, 40, 41-42. Rhode Island, 122. Lows, Canadian export, 137-138. South Carolina, 122. = early, 13-15. South Dakota, 122-124, modern, 14. Tennessee, 124-125. nonexport, 15. Texas, 125-126. nonresident license, ~5-16. Utah, 126. recent, 15-19. Vermont, 126-127. Laws, Federal: Virginia, 127-128. Alaska, 75-76. Washington, 128-129. District of Columbia, 73-75. West Virginia, 129-130. Forest reserves, 79. Wisconsin, 1380-135. Government reservations, 79. Wyoming, 135-136. Indian Territory, 76. League of American Sportsmen, efforts for game Lacey Act, 71-72. protection, 16. Mount Rainier National Park, 176. Legislation of 1901, 15-19. Licenses: county, 47. nonresident, 15-16, 46-50. resident, 46-50. special, 47-48. Lights for shooting prohibited, 40, 41-42. Limits of game bags, 44-46. in shipping game, 44-46, 59-60. Louisiana, law 95, methods 41, seasons 23. Maine, bags 45, careless shooting 16, early law 14- 15, export 62, history of law 14, imported game 14, law 95-97, licenses 48, methods 41, sale 55, seasons 15, 23, 38. Mammals not properly game, 12. Manitoba, bags 46, export 64, law 140, licenses 49, methods 42, propagation 67, sale 56, sea- sons 34, 38. Market hunting, 51. Marking packages of game, 57-58. penalty for false, 57-58. Maryland, early law 13, export 62, law 97-98, ‘i licenses 48, methods 41, propagation 66, sale 55, seasons 23-25. Massachusetts, colonial ordinance 13, early law Se export 62, law 98-100, methods 41, sale 55, Seasons 25. Meadowlarks, not properly game, 12. Methods of hunting, 40-44. Michigan, bags 45, decision of attorney-general 25, export 62, law 100-102, licenses 48, methods 42, propagation 66, sale 55, sea- sons 25-26, State ownership of game 52. Military parks, 69. Minnesota, bags 45, export 62, law 102-106, li- censes 48-49, methods 42, sale 55, seasons 26, 38, State ownership of game 52. Mississippi, early law 138, law 106, methods 42, seasons 26. Missouri, export 62, law 106, methods 42, sale 55, seasons 26. Montana, bags 45, decision of attorney-general 49, law 107, licenses 49, methods 42, sale _ 5d, seasons 26, 38. Moose, special protection, 36-37. Mountain sheep, special protection, 16, 37. Mount Rainier National Park, 69, 76. Muskrats, not properly game, 12. National parks, 69-70, 76-79. protected by troops, 77 Nebraska, bags 45, export 62, law 107-111, licenses 49, methods 42, sale 55, seasons 26, 38. Nets, 41-42. Neyada, export 62, game laws in public schools 16, law 111-112, methods 42, propagation 66, sale 55, seasons 26. New Brunswick, bags 46, export 64, law 140-141, licenses 49, methods 42, propagation 67, sale 56, seasons 34, 38. Newtoundland, bags 46, export 65, law 141-143, licenses 50, methods 42, propagation 67, sale 56, seasons 34, 38. New Hampshire, bags 45, export 62, law 112-113, methods 42, sale 55, seasons 26. New Jersey, deer protected 12, export 62, law 113- 114, methods 42, propagation 66, sale 55, seasons 26. INDEX. 151 New Mexico, export 62, law 114, methods 42, sale 55, Seasons 26. New York, bags 45, early law 138, export 62, law 114-115, methods 42, Eee 66, sale 55, seasons 27. Night hawks not properly game, 12. Night hunting, 41-42. Nonexport laws, 15. Nonresident licenses, 15-16, 46-50. Nonresidents, Canadian law, 50. North American Fish and Game Protective Asso- ciation, 18. North Carolina, export 62-63, hunting permits 47, law 115-116, methods 42; sale 56, seasons 27-28. ; North Dakota, bags 45, export 63, law 116, licenses 49, methcds 42, sale-56, seasons 29. Northwest Territories, bags 46, export 65, law 143, licenses 50, methods 42, sale 56, seasons 34, 38. Nova Scotia, bags 46, law 143-144, licenses 50, methods 42, seasons 35, 38. Ohio, export 63, law 116-117, methods 42, sale 56, seasons 29. Oklahoma, export 63, law 117-118, methods 42, propagation 66, seasons 29. Ontario, bags 46, deer preserves 17, export. 65, law 144-147, licenses 50, methods 42, sale 56, Seasons 3o. Opinions of Attorneys-General: On linois quail law, Be On Michigan quail law, 25 On Montana license law, 49. Oregon, bags 45, export 63, law 118-121, licenses 49, methods 42, propagation 66, sale 56, seasons 29, 38. Outfit for hunting restricted, 40, 41, 42, 43, 44. Parks, military, 69. National, 69-70, 76-78. Pennsylvania, bags 45, export 63, law 121-122, licenses 49, methods 42, sale 56, seasons 29, 38. Permission of landowners required, 47. Pheasant, special protection, 39. Pigeon (see Wild pigeon). Poisoned food, 41-42. Ports of export, Canada, 65. Possession of game, 52-53. Prairie chickens, export prohibited, 54, 61. Prohibition of export, 60-65. Prohibitions, killing for sale, 51-56, methods of hunting, 40-44. Propagation, exceptions in favor of game, 66-67. permits, 48. Quail, special protection, 39. Quebec, bags 46, bears protected 12, law 147-148, licenses 50, methods 42, sale 56, seasons 30, 38. Recent laws, 15-19. Reedbirds, where game, 12. Reservations, 69-70, 79. Resident licenses, 46-50. Restrictions as to conditions, 41. as to outfit, 40-41. as to purposes, 51-67. on methods of hunting, 40-44, 152 Rhode Island; export 63, law 122, “methods 42, sale 56, seasons 29. Robins not properly game, 12." Sailboats, 40, 41-42. Sale of game, 53-06. Seasons, close, 21-35. for big game, 38. sale, 55-56. Sequoia National Park, 69, 77. Sheep, mountain, special protection, 16. Shipment of game, 57-67. evasion of law, 57-58. marking packages, 47-38. within the State, 58-60. Shipping tags, 57. Shooting, careless, 16. Shooting from highway, 43. Sink boats, 40,41-42. _ Sink boxes, 40, 41-42. Skiffs, 40, 41-42. Snares, 41-422. Snow hunting, 40, 41-42. South Carolina, early law 13, export 63, law 122, | Virginia, early law 13, export 64, law 127-128, licenses 49, methods 42. sale 56, seasons © 29. South Dakota, bags 45, export 63, law 122-124, licenses 49, methods 42, sale 56, seasons 30, 38. Special protection, antelope, 36-37. big game, 16-17, 36-38. game birds, 38-39. Spring shooting, 18. State ownership of game, 18, 52. Storage, 52-54. contract illegal, 52. = Sulphur, 43. ; Sunday laws, 20-21. Sunken punts, 40, 41-12. Tables: close seasons, 21-35. export prohibited, 61-65. licenses, 48-50. methods of hunting, 41-42. open seasons for big game, sale, 55-56. special protection, big game, 36-37. game birds, 39. ‘38. _ Washington, bags 45, export 64, law 128-129, | Wasting game, 43-44. ie ‘Tags for shipping, 57. _ Uniformity in laws, ‘Utah, bags 45, export 64, law 126, methods 42, Tariff act, 72-73. eae 30-31. Texas, export 64, law 125-126, merbodaase pro é gxdion 66, sale 56, seasons 31. Transportation of certain game prohibited, 58-60. Transportation companies, receipt of poe. for shipment, 58. right respecting suspected packages, 58. Traps, 41-42. Troops in National Parks, 77. ; Ls Turkey (see Wild turkey). 2 % Uniform definition of game birds, 13. 16, 19. Unorganized Territories (Canada), seasons, 385, 38. propagation 67, seasons 31. a Vermont, bags 45, export 64, law 126-127 Po a 42, seasons 31. - licenses 49, methods 42, sale 56, seasons 4 31-33. . Ward v. Racehorse, 18. Wardens, forest rangers ex officio, 17. licenses 49, methods 42, sale 56, seasons 33-34. : ; Weasels, 41-42. 4 West Virginia, export 64, law 129-130, licenses . 49, methods 42, seasons 34. "7 Wild fowl, protection in spring, 18. special restrictions on shooting, 43. ; Wild pigeon removed from game list, 12. ir Wild turkey, special protection, 16, 39. Wisconsin, bags 46, export 64, law 130-135, li- censes 49, methods 42, propagation 67, 2 sale 56, seasons 34. Woodchucks not properly game, 12. Wyoming, bags 46, export 64, law 135-136, licenses 49, methods 42, propagation 67, sale 56, F seasons 34, 38. Yarded game, 40, 41-42. Yellowstone National Park, 69, 77-78. Yosemite National Park, 69, 77. = Bull. 16, Biological Survey, U. 8. Dept. Agriculture—Table I. U.S. DEPARTMENT OF AGRICULTURE CLOSE SEASONS FOR GAME IN THE UNITED STATES AND CANADA, roox (Compiled by TD. = Palmer and HW, W. Olds] The following tuble shows the close seasons for nll gamo in the United States and Canada, with the exception of mountain sheep, mountain goat, and n few unimportant species. Tho first dato of the close season ond the first date of the open season are ®iven, so that open seasons may be found by reversing the dates. The term rabbit includes ‘hare’ of the Canadian Inws; quail, the bird known os ‘partridge’ in the South; grouse, includes Canada grouse, sharp-tailed grouse, ruffed grouse (mown us ‘partridge’ in the North and ‘pheasant’ in the South), and all members of the family except prairie chickens, ptarmigan, and sage hens. Introduced pheasant is restricted to the Old World phensants; and goose includes ‘brant.’ States are arranged geographically and grouped according to the Hallock Code. The general State laws have been followed in Maryland, North Carolina, and Virginin; but many county laws prevail in theso States and in Tennessee. [Compiled, fn part, from Gamo Laws In Brief and corrected to Auwust 1, 1901.) MAMMALS. BIRDS. i] | fe inp el Pe Axreinre, | Sqninnnt? Ramu, Quan. Grouse. pe -| Deo. 15-Oot. 14 Dee. 1-Oot 15!" - Dee. 1-Oct. 1.2.2. Dee. 1-Sept. 15. i At all times! z | Vermont Noy. 1-Oct. 2 i Massachnsetts....| To Noy. 1, 1909 4 Rhode Islanc Mo Keb | Connecticut - Tan 1-Oct. 1 .| New York! p At all times. At all times Deo. 16-Sept. 1 4 pt-tdays Now Jan. 1-N {| -xvatl times. Jan. 1 4 ’. Dec. 16-Noy. 1 | Local laws 4 Jan, l-Sept. 15 —_- Feb, 1-Sept. 1-1 i To 191 4 Indiana - Minos , Wisconsin - : Minnesota Town’ ( z Dec 1-Sept V-_.) Jan, 1 ane Missouri. i 1-N Jan, 1-Nov, 1 Jan. 1-Nov. 1... Kansas 3 Nebraska -| Noy. 18-Ang. 15.- At all times. At all times: | South Dal | Jun, I-Nov. 1 Tan. 1-Noy. 1 : North Dal =| Dec, 1-No: Atall times... | Montana ©) Jan. I-Sept. 1. ‘oy. I-Sept. 1. | Wyoming -..--.., Dee. I-Sept. 1 Dec. I-Sept. 1... To Sept. 1, 100218_ Dee. 1-Sept. 1 Golorad ~) Noy, 6-Aug. 1 Noy. 6-Oct, + Noy. 6-Ang. 15 | | th Carolina’. Mar. 15 mith Carolina. wong : Mississippi > Mar. I-Sept.1 May 1-Oct. 1 Tennessee! Jan. 1-Aug. 1 Apr. Oct. 1 Arkansas Tonisiann y . 7 Texas - am May 27, Apr. 1-Sept. 1. Oklahionis i : s i fab, 1-Oct. At ill time Jan, 1Sopt. 1 - New Mex fl +) Do Mar. 19) 1906 Jun. 1-Oet, 1. Jan. 1-Oct. 1. Arizona - i At all times... +) Bo dan: 1, 1906 | Mar, 1-Oct. 15 Toe, 15-Ni y | A Siem | |e" S| Oe Py aa su (Ge : spor = lO ae pad | \ | . | California -......) | Stall times -| Fob. I-Aug. 1? Feb. 1-Oct. 1... © | Nevans {| ‘At all times. Mar 10-Sept. 1# a & | -| At all times, Atul time 4 S Dec. I-Sept. 1 -| Jan. L-Sept. 1 - 7 FI +} Now: 1-Sept. 1 ---] Nove 1-Sopt. i--5-] Nov. 1-Sept1 I-Aug. 15 - -| To Sept. 19, 1904. -| Noy, IJuly 1511 IJuly 15 1. Jan. 1-0¢ Dee, 1-Oct, 1. Li See | Sea | . 15-Sept. 1... su 1-Sept. 1 Jan. 1-Sept. 1 = = 15-Nov. 1... 5—Nov. Dee. Ib-Sept 1 z Bec 1-Sept. 15 = 1-Ang. Nov. 15-Sept. 15 A ) = At all times ..22- 16-Oct. ec. 1b-Sept. 15 -_ ‘To Sept. 15, 1005... Zz 2 Jun. I-Sept. 1 Dec. 15-Sept. 1! d < in. 1-Sept, Jan. 1-Sept, 15% Doo, 1-Sept. = To 1904 ~ To 1904 = Jan, 1-Sept. 15) — To Oct, 1, 19017 Newfoundlanc ~ To Jan. 1, 1906-2. To Jan. 1, 1068 } Fan, 12-Sept. 16 { i BIRDS. Dovie pe THOnUED Poy: Wooncorr. Ran. Duer. Phorecren is 4 YRw Stamey oxty. -| May 1-Ang.1-...) 3 -| Dee, 1-Sept. 15... Dee. I-Sept. 18 N nip Feb, Aug 1 D Dec. ee Ra, ii siace: aatersauien PIANAMIGAN. Vermont ne A-Sopte laws ee ee Massach ect Pee eo Tn ‘Nias Tiuly 15 Mar Stok 13 [sland =) Dee. 16-Oct. 15, ‘Apr. Ang. 15 At all timos ‘ 2 Apr. r.1-Sept. 1---.| Dee 1-Oct.1 Apr. F-Sept 1" Apr LSopt 1 “Sep Washington Deo. 1-Aug. 1b -- New York Muy 1oSopt a ~) May IeSept.1 G-Sept. 16 ..) May I-Sept. 1_---} Apr. 30-Sept.1_. ‘i Se 1} Queher 2 Fob, IeNowl | Het Jul J Jan. May 1-Oct. 1 EC Nova Scotia. Atal ti ew Jorse May beet i Newfoundland...) Jan. 12-Sept. 16 | Apr. 15-Oet. 1 — — | : | Aug. 15 3 Apr. 10-Nov. 1 : ‘| | Acall times. slivantaetaly, ae ).I-Sept. 122-2) Apr. 1-Sept.1 2-2) Apr I-Sept. 116 Sage Hey. & Virgin sa Apr. I-Nov. May I-Sept. 12...) May I-Sept. 1 S| West Virsinin - iy “To=--} Nov Apr. 1-Oct 1 = _ = Kentuok ) Au. 16 * i Apr I-AUg- 16-1 Nebraska. Dec. 1-Oct. 1. = 15-Ang. ‘4 Apr. 1é-Sept.1" 2) Apr July 15. Apr. 15-Sept. 1 Apr. 15-Sept. Noy. 1-Sept- Jan. 8 2+) May I-Sept. 1 Nets Taly ny. 1-Se Jan. 1 A “Se ela Nov; 50 ie Sept. 1. Tan. Sept paul iB - Colonulo May I-s Apr. 1-Sopt.1 Neoth Carolina! South C Geonia - Plorida Matar Local laws vA 3 i -| Connecticut New York ynth Da oat Feb, 1-Oct-1. Mar, 16-Sept. 1. * Mar. 16-Sep Feb. 1-Sopt Jan. 12-86 Mar.1-Au Jan. IAug. 1 Mar. 1-Sept. 1 =| fa A ec I i} .| Dee eat c. 16-Sept, 1 z s atc 1-Sept. 157 Dee. 2-Sept, 1 ~ Mar. 1-Sept P Ta ESET. Tan es re Mar. 1-Sept. 1 -| Jan.12-Sept, 16 _ a + Except month of Jnly. va ? Cortai i “Except Mar. 10-Apr. 11 7 , « * 01 ain SOUNLY exeuptions 1 spe ‘pt Mar. 10-Apr. 11, xeopt month of April, U pe plover anh ption Certain species Ale iC it yp ale. if March. i p ly Altitudes my (opt unorganizal Territories Mich the msons areasfollow=: Door elk, cab, mouutain sheep, sietptain ek wore Pail Oct 1-Dex 1; kntak Gx, Mar: S0-0ne fra, bralrie chi ‘ocat, swvan, Jan, 15-Sepy ~ Tupi ly W-Oet. 1. Also Oct. I= Nov. 10, inlost permit he obtained, Te ee ertaln species, Mar. 2-A) 2 «Caribou protected Hale tir Oot, 1 Goose only. wane fo Sept. 1, 1005; Wisconsin aml Wyoming, at all times, Caribou only. ender the old Jaw, which still stands ® Moose Saf earibon, Feb. 1-July 16 and Oct. 1-21. 7 Nn oS nD Ro & + =) lant NAN N B (o} P— Bull. 16, Biological Survey, U. 8. Dept. Agriculture—Table II. U.S. DEPARTMENT OF AGRICULTURE CLOSE SEASONS FOR GAME IN MARYLAND, DISTRICT OF COLUMBIA, VIRGINIA, AND NORTH CAROLINA, rgor_- [Compiled by 7. & Palmer and H, W. Olds.) The following table shows the close seasons for the more important game in each county of Maryland, Virginia, and North Carolina. It is designed to bring together in con- venient form the numerous local seasons that prevail in these States, but in order to avoid making it too large, unimportant species and those not protected by the general game Inws have been necessarily omitted. In its preparation much help has been derived from the Synopsis of the Game Laws of North Carolina, published by the State Board of Agriculture, while the Inws of Maryland have been compiled directly from the abstract prepared by the State Game Warden and the Game and Fish Protective Association of Maryland. ‘The first date of the close scason and the first date of the open season are given, so that open seasons may be rendily found by reversing the dates. Thus, if tho close sonson is Dec. 1-Sept. 1, the open season will be Sept. 1-Dec. 1. MARYLAND.' Quam. | Wp | Proven, Raw (Pxteretpo Syire. (Piessasr). Torkry. | Woopcock, (Orronas). Deck. CovsTies. } Savant. Banner. Allognny --.----.-|-.---- Jan. Sept. 1 y Anne Arundel .-.-| Deo, Sept. I~ 5—Noy. | I-Ang, 15 - Baltimore Doo. 1-Sept, 1. ant 1-Aug, 15. Deo. I-Sept. 1 1 Doe. 1 Caroline Carroll. Cecil. De it uly 1 Tune 10 ec. an. 1 Charles. Dec. 25-Noy. 1 - Dorchester - by. 1...) Feb. 1-Noy. 10 Frederick 15-Noy, 15® .| Dee, 15—-Nov, 15° - Garrett. 1-No: 1 Harford | Ni Hc Dee, 25-Noy. 1 - | Apr. 10-Nov. 1 Atal times Dee. 25-Noy. 1 1-Sept. *| Apr. 10-Nov. 1 Mo Doe. 1—Any I-Sept. ~ Apr. 10-Noy.1 Prince ¢ Dee. 1-Sept. 1 1-Sept. : + Apr. 10-Noy. 1 Queen Anne --....| Dee. l-Sept.1 1-Sept. aw y. Apr. 10-No: «| Dee. 1-Sept. 1. phd I-Sept. 2-July May . Noy. I-Sept.1-.--) Apr. 10-Nov, Dee. 1-Sept. 1. . I-Noy. 10 ov. 10... 1-Sept. Jan. June May 1-Ang. Noy, 1-Sept. 1...) Apr. 1-Oct. 1 Dee. 1-Sept. 1. Dee. 25-Noy. 1 -..’ Dee. 25-Noy.1 ... 1-Sopt. May 1-Au; «| Doe. Sept 15, Dee. 25-Aug. Noy. Au n. 19=Noy. 1 —-- Kab, I-Nov. 10 : b -| Feb. | Feb. 1-Nov. 1 Feb.1 Feb. 1 L-Septe 1; Garrett, to Sept.80, 1000; Washington, Jan. 15-Nov.1.# Severn rivers, May 1-Oct. 1. hick cept June 1 to Sept 1, *\Wood (or summer) duck as follow xcept on marshes of Patapsco, Potomac, or Patuxent bonering on Prince George or Anne Arundel con it month of Jul Spocitl local provisions: Ch. 587, Acts 1900. =: Somerset, Jan, 1-Sept=1; Talbot and Wicomico, Jan. 1-Sept. 10; Worcester, Mar. 1-Sept. 1. ies, Noy. I-Sopt. 5, ‘Deer close season: Allegany, Jan. 1A 7 Exeepton Magoth: snipe season, June 1-Mar. 15. DISTRICT OF COLUMBIA.’ eer . Quan | _ Grouse Witp | ow re Raw ie Dien. Sarmrnt. | Kanne. (Paienisan). (Bireswass)s rife, Wooncock, | (Orton as). Ducks = a a ee =a a eee aaa ot Sees eee Jan. ISept 1. ). I=Noy. 1...) Fob. I-Noy ~ Mar, 15-Noy, 1... Dee. 20-Noy. 1... Dee, 26-Noy Jan. I-Tuly 1....| Apm 1-Sept. 1...) Fob. I-Sept. 1.2. Apr. I-Sept. 1... . 15-Sepf. I: Dove, at all times; Goose, brint, Apr. I-Sept. 1; Marsh blackbind and game ints not proyionsly mentioned, Feb. 1-Sept. 1. VIRGINIA.! NORTH CAROLINA.* ee as ae ee — at —_ — = ——y | ; | a : | ; | Counties. Deen. Quatre tere Nip VJooneock. Counties. | Deen. oma: Dove. (Parmar). | (Piteasaxr). ToRKEY. Mar. 15-No' Mar. 15-No: Mar. 15-No' Jan. Mar. 15-No: Ameliin I s Jan ..-| Mar. 15=No' Amherst. [ 15 5 | b 5 Apr, I-N 2 15=N. Mar. 20-Oct. Appomattox - i Feb. 1-Oct. 1 x | di 1-Oct. Jun. | Jan, | Jan. IJuly 1 Alamance 1-Noy. 1 Ale: Jan, Jane Jan, 1-Oct. 1 ‘ov. 15. Bronswick- Feb. iS ¥ i y vell. Until Mar., 1905..) Mar. 15— Mar. 15-Noy. 1 Bueha = Jan. 5 . Teb. 1-Sept 15 Teb, 1-Sept. 15 .-.| Apr. Camden — M =No' Noy. 1... Mar. 15-Noy.1 Buckingham 4 . I Feb, 15-Oc' Fel Carteret (Bogue Until Mar, 1905 Until Mar. 1905 ao Campbell J Jan. = . ie Jan, Apr. Banks). | ‘oy I Caswell — Until Feb. 190; Mar. Y Mar, 15-Noy. 1 -..) Mar. 15-Noy. 1 . Aug. t I-Sept. 16. -.| Feb. I-Sopt. IN Catawba. Jan. 1-Oct. 1 Mar. . Mar. 15-N 15-8 feb. 1-Sept. 15 Feb. 1-Oct. Apr. 1=N Chatha Jan, 1-0ct. Mar. I-Noy. M Y' Mar. 15-Noy, . 1-Oct.1 Feb. 1-Oct.1 N Pel, 15—Aug. Jan, 15-Oct. . 1-Sep Feb. I-Sopt. y i Until 1902 Feb. 1-Sept. Feb,1 Jan, 1-Oct. Jan. 15-No Jan. ‘Columbus - Jan, 1-Oct. 1 Feb. 1 Oraven Mar. 15-Noy. Teh. I-Sept. Apr. Jan. 1-Oct. 1 -__.) Mar. 15 Feb. 1- iy o) Jan. 1-Oct. Mur. 1-Noy. 1- Jan. 15. 1-Ni O Mar. 1-Oct. Mar. 1-Oct. 1 a . Jan, 1-Oct. 1 Jan. 1-Oct. 1 F Noy. Noy. 1 Jan, 1-Oct. Mar. 15-Noy. 1 3 Mar. 15-Nov. 1 Feb, 1-Sept. 15. Mar. 15-Noy. 1 Feb, 1-8: 15 EN Mar. 15-Noy. 1 Jan, 15-Oct. 15 . Feb. 15-Aug, 16. Hat TSept. 15 | C vi Jan. 1-Oct. 1 ireenesy Halifa: Noy. 1 ~ Mar. 15-Noy. 1 Mar, 15-Noy. 1- Mar. 15-Nov. 1. AD 1-Aug. 15 Haywood. é Henn Ang... Reb. I-Nov. 1 Henderson iu 1 5 Feb. 15-Nov. 1 Highland ~25-Oet. 2 Dec. 25-Nov. 1 - ot. st. 15 7 a Mar. 15-Noy. Isle of V 1-Ang. Feb, 15-Nov, 1 Sept. S-Sept. 15 Tames City : 3 5 pt Jan. 15-Oct. 1 . . c Queen - }. 15-064 Feb. I-Sept. 15-..| Feb. 1-Oct. 15.__-) Jackson Bab, 16 “15 Mar. 15-Noy. 1. King Geonre. Jan t ; . Web. I-Sept. 15--.) Jun. 15-Oct. 15 ~....| dohnsto 15-No Mar. 15-Noy. 1. King William Mab. I-Nov. Feb, I-Noy. 1 Kab. t-Sept. 16-.) Feb, 1-Nov. 1. Beb. 1-Oct. Jan. 1-Oct. 1 Jan. Jan. Nov. Jan f ; Jan, I-Noy. 1 Tan. I-Aug. Tan, s Feb. I-Sept. 15...) J Tanenbune Madison Mudixon. Ang Jan, : Sept. 15-Get. Apr. Martin. Mathows H1-Aug Tan. 1b Apr. Mecklenburg Mock lenbune : 5 Mar. 1-Oct. Mitchell Jan. 1-Oct. 1 Middlesex Ang. Jan. : .15-Ock. , Until 1906 Montgomery Jan, Aug. Jan. : -1-Oct. 15 Apr. M Jan. 1-Oct ; Nangemond Ang. 1 ub, Ib=Nov. . 1 - Mar. 16-Noy, 1...) Mur, 15-Noy. Mar. 15-Noy, 3 \ 1-Se J Ay Apr. 1-0 Mar, 15-Noy. Apr. 1-Oct. 1 Y Supt. 1D 5 1 1-Oc. LIEN Mar. 15-Ne 15-Noy Mar. 15 Norfolk - 1-Ang. 1 i Northampton A Remit ulate Noy SN Mar. I-Sept. 1... Mar. 1-Sept. 1. Mar, I-Noy. 1 ---.) Mar. 15-Nov. 1 Mar. 15-No 1-Sept. Feb. 1-Sept. L-Sey Jan. 15-Oct oy. ‘eb. 1-Sept 1 Feb. Y b. 15-Oct. 15-..| Feb. 5 Jun. Mar. - 15-Noy. Mar. 15-Noy. Sept. 16 bb. 15-Oot, 1 7 7 - Apr. Ne lone . | Feb. l-Sep Jan, 16-Oot. 15 7 Rol . 1-Oet 1 Mar. 15-No' a sf Mar. 15-Noy. 1 NeATp IG ove 1 =<.) Jun. I-Noy, d 3 Mar. 15-No\ r = 15=N. Mar. 15-Nov. i 1aAug. 16 : ub, I-Sept. 15... Feb, Sept. F Rowan - | y 1 2 a Jan. 15-Oct, } Rutherfo Jun. 15-O¢t Su - 1-0e = 0 Feb, 1-Noy.1 i ale a Fe Z Apr. 1-Oct, 15 c 3 y > Atall times. 5-Ne f 15 ¥ 3 Stok ~| Jan, 1-Oct. Mar. 15-N. . Mar. 15-No Mar. 15-Noy. 1 Aug. 1 Jan. 1-O0t. 15 5 B Fh. 1-De - Mar. 15 Mar. 15-Noy. p1Aug. 15 22.) Jan. 1-Oct. ~ Jan, 1-Noy, Ve 1 Sinythi Southampton Spottaylvania Fob, I-Sept. 15 o 7 Kub. I-Sept 15 Feb. Noy. Apr. 1-Noy. 1 ~ Jan. . Mar. 15-Noy, Fob, I-Nov.1 . : Apr. l-Nov. a ~ Jan. : Mur. ~ Mar. 15-Oct. 15. i opt. A ops Jan. ot Mar. 15-Noy. 1 Mar. 15-Nov.1 x Mar. 15-Oct, 10. Oct. 10. Washington - Mar. 15-Nov. | 1 Watauga 3 Mar. 15-Nov. 1 y Mar. 15-No 1 W Mar. 15-Nov. 1 Mar. 15-Noy. 1 Wilson - Feb. 1 1 Feb. 1-Nov. 15 Yadkin Mar. 15-Noy, 1...) Mar. 15-Nov. 1 i 1S esse + Feb. LS Apr. Yancey Tan. 1-Oot, BN ‘| Mar. 15:Nov.1...| Mar I6-Nov, Gee ae Fob, Sept Le...| Jan. 18-040. 16 3 Mir, 1b-Noy, 1---) Mar, 16-Noy.1... Mar. 15-Nov. | : ae | . Jan, 1-Oct 15 ~ Feb, 1-Sept 18 Stafford Se Fob. 1-Sept- 15 srthampton, Jan. 1-Noy, 15; Alexandria, Jan. 1-Oct 1; Amelia, Charlotte, Grocnesville 2Squirrel: Berti juckingham, Cumberland, Feb. 1)-Oct- ie, Kasex, Hanover, Henric "Nabbit: Accomae, Spotsylvania, Si. tin, Mar. 1-Aug, 15; Pamlico, Mar. 1-Sept. 1; Pasquotank, Mar. 1-Oct. 1, y Pets Oct. Opessum: Alamance, A . 7 Franklin, Gaston, Guilford, Halifax, Meck- Rie, x, Feb. 1-Oct. 1; E S ae i P ee, Anson, Caswell, Chatham, Franklin, Gaston, Guilford, ifax, Moc! Bing Willis, Fuh, I-Nov. 1; Chesterfield, Fob, IeSept. 7; CalpeFer un ee, Jan, 15-N + Elizabeth Cit Jenburg, Moore, Orange, Wake, Warren, Feb. 1-Oct. 1; Pamlico, Mar, I-Sept. 1. ae 15; Fairfax, Fauquier, Loudoun, Prince William, Jan. I-Novs 15 Halifax, Fe 16; Nottoway Wild fowl: Brunswick, New Hanover, Mar. 10-Noy. 1; Cartoret, Jan, 1-Dee. 1; Currituck, ates 1; Shenandoah, Mar. 1-Noy. 1; Stafford, Feb. T-Sept 18. é Apr.1-Noy. 10; Henderson, Feb. 15-Noy. 5, Vite eountit® Where there ig no close season: Amelia, * Lake Waccamaw. “te except in the follow V fowl, May 1-Sept. 17 i y L-Sept. 1 in entire Jo, Lunenburg: Mecklenbung, Northumber Avpomattos, 1 ranswick, Comberland, Dinwiddie, Greeneyil *On North River side of Poplar Branch Township, Mar. 1-Sept. 21. * Except near Mattanuskeet Lake, = Ee % , e Sa OCAL STUDY OF ECONOMIC ORNITHOLOGY > tm AL * 2 ; BS “ = - — ASSISTANT, BIOLOGICAL-SURVEY PREPARED UNDER THE DIRECTION OF oy 2 Sa OFF FART MERRIAM ~~ GHTEF OF BIOLOGICAL SURVEY S Ee | Nes PRAY 2 WASHINGTON : -- GOVERNMENT PRINTING OFFICE —.° LOO 2S Ai “ tf =< > “a Sa va —— — >. — sr. Sa Se a —= be 8 i RE SS RT Te en TT eT LT er TET ee Soa - — : Bull. 17, Biological Survey, U. S. Dept. of Agriculture. PLATE |. Fi@a. 1.—DWELLING HOUSE ON BRYAN FARM. CALS oe 7S FiG. 2.—VIEW OF THE POTOMAC FROM BRYAN HOMESTEAD, SHOWING FEEDING PLACES OF GULLS, DUCKS, AND OTHER WATERFOWL. Mount Vernon in the distance. U. S. DEPARTMENT OF AGRICULTURE DIVISION OF BIOLOGICAL SURVEY—-BULLETIN No. 17 C. HART MERRIAM, Chief BIRDS OF A MARYLAND FARM A LOCAL STUDY OF ECONOMIC ORNITHOLOGY BY SYLVESTER D. JUDD, Ph. D: ASSISTANT, BIOLOGICAL SURVEY PREPARED UNDER THE DIRECTION OF IDaee (OM, TBE YAC I Ss Gl 40 32D) IRA ISH IOAN AY C CHIEF OF BIOLOGICAL SURVEY o——— —- 2s Wa & z Via a aN Woe WASHINGTON GOVERNMENT PRINTING OFFICE 1902 - LETTER OF TRANSMITTAL. U. S. DEPARTMENT OF AGRICULTURE, Washington, D. C., July 5, 1902. Str: I have the honor to transmit herewith, for publication as Bul- _ letin 17 of the Biological Survey, a report on the Birds of a Maryland Farm, the same being a local study in economic ornithology by one of my assistants, Dr. Sylvester D. Judd. Acknowledgment is made _ to the Entomologist for assistance in the determination of some of the insects, as well as for the use of certain illustrations. Respecttully, C. Hart Merriam, — Chief, Biological Survey. Hon. James Wison, | Secretary of Agriculture. Hy t — CONTENTS. | Page a Ths sLUDTACGy OT CUERPO CRD GD Za AT eA AEN ae Dene eae Cia fal ea 9 u = iRopeskaphy Ou anyan anime ets Ne dover nile. le eo. vei eM aoe. 10 i b, Distrib tOMuol Ln S hae ce nlise cecse aie SME HG Sule Sod pe Sl eee 12 t | ISasclsy Ubene weil ton ysis sme aaa SN Eee Ce ee 12 | ie Burdett Gepenchoncovers.ccc. ga. ses. ee ee eee 15 i a Bice @lecsshimmitede cist MiouUtlon. hn oe yeep ce cere ae 17 i, 4 Pind stOl vated GistilOUblOM aj. 0228. seek. 4 Case aloe 19 \ _ Peto postaniiy, of Muneertond farina. 280 oe yee ee ye ela te 20 iI RE, Tianyeretet tayo ERG Segre SS ILO RTA A aN ac eS ee Pee Qe Pall i a (Clie SSA SS WSN rae EARS he ee mete a GAs ai et ten Pg ER 2 \\ eS Tear tEL Seam AIS GN TG So Nee PEGA WOR Ra > os Merete, eh Petes tie 22 ' | q MUG CLEMEOROpS et yan. tu aimee coy Goethe Ble sa BUA da ful latent ae a, te 24 r = estonia tmeecrannG whuioge see ate cee ie el is ea ee 28 q . Certeime destructive ImseCiss | ow uciec Scie Dae hoe octet we oe 30 | 4 (CTS QUiDUL GN aRS(e) Gas Tag we OR ot EU sae or Oa pene ee ree payne Fee Nenae le 36 i ia SI, VEEN TU AIT sts Sy Rg SN pl BL Se ok A ea cea her cae 4] i | HAO MR ON MES INEST eka Mehta pes Nps Ges Si Tak ie) alee 43 | = (Gheianereaull SaSad el NS ee OO UNS RM a es en 48 | ee WISIN CEL TEENIE 0) 07 Sa STAM Os Ac mo a ee a oe 50 CC Hauulliteyecimolsramme 4 eC N ae yr. eel ee ae Nl ce et 50 : 4 Irie Ne Demir me cr ey WO ua Yate ct ale eM wl 2 53 i ie CELE TN be 2 Ae oe UAT Se ne Wag Ae eIhe NRA A og at ee Ra aeRO 53 a | UIUC) odio AE Seas Sones Geena abel ose boo (SME Bree @ aeeeeomras s 54 1 | TS, TSG ae SR a eS Bish ee AR RN aa ee SSR ee eR 5d i i @lliniemre Mayen hIeS kak Se ae Oe I a Sl 55 i .. TL aPC NO alae Coe ie UD Qa En On 58 || MPG HAND Os Foo ee kre le eee OM cane aN ae aN NEN 65 | mm VI. Weed seed....._. Rea ate aaa mr AR uber th GA ENE: ane, Sec galerie 70 a Weed: destruction by native sparrows... -2.--2-2252-----2-4+.2+2- We | a Wieedidestruction by other birds. 225622 skeet yee kee dele 75 i IETT. Sp vatetlese sg EAA MUTA GDN SD Ae eh Ne ty ee 79 f ‘i Vue nliaaleiahy deh el Me Ure SURES eae UMA Rae 79 q | (SPS) OTS ee 6h i YSN Selb IN TRC atc A Ae ATs 79 : ii fie TISOYOWT IRI a Ren aah NY SE TI PA OS SRS ga oy A 80 IAN he tte rN ae a Ay Sp RL Se I a ge 80 Croll spam TOnMG) Eee ee huey ek ee GR AE CeeNe eh a tot 80 Mieke yoeece androthen waterloo 2822s vo lets oS 80 ] Hievomse2! 22 oe0.52 ASE RR AA NE Ses te een nt a ia AO 81 i LEO Tees ee Pepe eV gS. Mn ete CR? Se Atal a ag ce ean perv 81 ( CIGD e258 ral ts RIT a gn ae TEA 81 \ Pon THOTHS: “]UITO FRE LL, UU TAN SE VASE SICK a hh RTO Cn Reet are an DDR em Oe nN IL 82 ! ; eal INGORE eer IE KS) Vath (GEIS Jeet ae OI A i tes ey | SR 83 I (om En econRaMnCOvesp 4s et MoGuMe Occ acho eels MULE ee 85 i 4 SP SUT GI OVS ces oS es Eaecpc sh as een OP a aS Ue ge 85 i CONTENTS. VII. Species—Continued. Page Hawks 2. . = 2-5 5:o9 eae SS it eevee ree ee 85 Owls: 22 2.2 cee BER Ree Se ee tee ee “ 86 Cuckoos. ..2 2-4 222s s6e2 Dog Dee Se eee 87 Kingfishers... 34: 50-26 2o. 2 eee ee ee 87 Woodpeckers . oe. cs6 lass Se ee ee 88 Whip-poor-wills, night-hawks, swifts, and hummingbirds ---..--- 91 Plycatchers )...22252-2. SA ee ee ee 91 Horned. larks 2222 oe hee oe ee eee Je ee 93 Blue jays and..crows..2>..2 5.2 525.-5.5:3042. 3 3 ee 93 Meadowlarks, bobolinks, and cowbirds:. --.2 2.2. 2-2 94 Blackbirdstand. orioles. 3. . 2.322. 22-22 cade Sa eee 95 Finches.and sparrows i222. 264.529 ee eee 97 Tanagerg's 22.5). tye eee See ee ee Oe 98 Swallows. 222.2204: 222.0828 bal a ee ee 98 Cedar birds? 2.222.222. 4222s. Lee ee ee eee 99 Shrikés o22 olla eee ewe oe SE Re eee Pe 100 Vireos oo sb. os. See oe ee Cee te ee ee ee ee 102 W arblersig 2 2st eRe eee eee ee eee Meee 103 Mockingbirds, catbirds, thrashers, and wrens--.--..-------------- 104 Creepers. and. nuthatches ....22:..-+.:5.--+. 5-24-5225 107 Titmice: . 22 $ai.<2e. Bes bons cee ee ee 107 Kinglets.. 12. 22. eden ine ee ek Ce ee ee ee 108 Gnatcatchers . 22. c22.4.2i2n 3. osc eek he oe eee 108 Thrushes2 ee esse “Eo et aed wou doe 108 Wale Summarys: gon ce cee eee ee we ee Baer ee Wo. ct bs. SS eee 110 PLATES. Page. Puate I. Fig. 1, Dwelling house on Bryan farm; Fig. 2, View of Potomac from Bryan homestead, showing feeding places of gulls, ducks, and other HUSA) alle Bates Na hs ae a a egeoL Nee Ae Sele ge tae a pee Frontispiece. II. Map of Bryan farm, where the investigations were carried on ...... 12 Ilt. Fig. 1, Bay and hill adjacent to calamus swamp; Fig. 2, Bryan farm from the river, showing shore, bluff, alluvial plain, and forested JONG S 8, pate ee ISAS eee cea ae es ee ee ETE OD emt eEy ee Mate k. et 16 IV. Fig. 1, River bluff in winter, which shelters several native sparrows; Fig. 2, Hog-lot gully, which furnishes shelter, shade, and food for : ODETTE Sia as Slee ne anh ets ee Age ee aS AEN, oe) ea nye eee ap ee BR 16 Versi) Weedy old corntield, lot 3; Wig. 2) Pasture, lot L..-...2.2.2: 24 VI. Fig. 1, Trumpet creeper and other vines of river bluff; Fig. 2, Broom- Seder amamorions Wi MOovlOtiar tis.) oe us noes oe Sta Sr 24 VII. Fig. 1, Calamus swamp, the haunt of several marsh-loving birds; Fig. 2, Calamus swamp in winter, showing hill tenanted by blue jays, great horned owls, red-shouldered hawks, and ruffed grouse. - 32 VIII. Fig. 1, Tobacco field of lot 2, where the effect of birds upon an uprising of tobacco worms was studied; Fig. 2, Sweet potatoes and pear orchard, where various investigations were made ....-.- 32 IX. Food of nestlings and adults of three common birds: Fig. 1, House McCue ahionl, bamkiswallow. bies.o. Capoied 2200 oe seen = 48 XV Wig. lv iked-tailed hawk; Fie: 2, Short-eared owl ...2.2..22 2.22222. 48 XI. Fig. 1, Sassafras as a weed in lot 5; Fig. 2, Corn injured by crows... 64 XII. Fig. 1, Cornfield, lot5; Fig. 2, Wheat stubble, lot 3. (The line of trees in the middle ground marks the course of Persimmon Branch)...- 64 XIII. Four common seed-destroying sparrows: 1, junco; 2, white-throated Sparrows o. 10x sparrow 4, tree sparrow ...-...2-5-.- 0-4 02eel-- 72 XIV. Fig. 1, Giant ragweed in garden; Fig. 2, Broom-sedge appropriating NEW DCs cies Rie hel hs NEA Lt DR ee a aR ne a a a ee 12 PAP ich spo wiite: Mic. Woodcock. 2 Usi4 accl Seo ee ee okk 80 XVI. Fig. 1, Broom-sedge of lot 2, frequented at night by bobwhites; Fig. 2, Partridge pea overspreading pasture of lot 4, eaten extensively by bobwhites. (The pines in the background were defoliated by The Pinicisany-my ta the spring of 1900) 2 lo. 2. 80 XVII. Fig. 1, Bluebird at edge of nest; Fig. 2, Former nesting site of blue- LEGS On lanmne tsb yeaM AION eile eis aos aie Sok Gee ocean ek See 96 USER PP OiNes: SS 8 ILLUSTRATIONS. TEXT FIGURES. Page. Fie. 1. Meadowlark... 222826022 ees YE ee 12 2. Mourning: dové22 42222 25 eee ees Se a See 13 3: SONY SPalTOW .... 2252. Sack ee eee ee ee 16 4: Catbird 2.2 acho Ses hs Soe ae Se a oe ee 18 5. May-fly ...2-- 5.212200). 2 2 ee ee eee 6. "Tobacco worm. 2222-2 3 eke eae tee oe eg ee 27 7. Paie-striped flea-beetle.. -2.... 2. 9.2. 5223522) 22-0 eee 30 8. Rose-chafer 22205 oS se nthe oe oe eee 31 9. Kang pind. oh As Sa eo 31 10. Grasshopper 2.25.2 2:- 2 S22 eee ss ee eee oe ee 32 U1: Weevil ene oo ane oe ae Se Se en aves 34 12. Ground-beetle: 2 Sees Ss 2a ee 37 13, Tehneumon-fly .. 22252222220 8S. es ee eee 40 14. Cutworm and.moth....Js2- 2-2-2255 25..-.3 24.2 eee 42 15: Dunge-beetle Jo. 9.0.0 2. 50.2..25 42 2a ee ee 42 16. ‘Barn swallow ‘2: 2.2.2. 20.225 2022280 ee 2 eee eee AT 17. Diagram showing proportions of food of common crow ..-----.------ 48 18. Diagram showing proportions of food of crow blackbird ..---..------ Ag 19: Cooper hawk 3. (J 2232 tease Clk bie OE ee: 20. (Great horned owl. .% £2224.4°0. seh ee ce cee eee 52 21.. Melons. damaged. by.crows: ...2--.-2.-.---2 2262-22-52 .-555 ee 58 22. Pellet ejected: by crow. 2.\.-..- 4.2.2.2. eee 63 23. Some common seeds found in crow pellets......-...-.-------------- 64 24> Common crows. -¢u2ei2t.. loses sace. lel eee 65 25>. Crow: black bird.0 (295.02 22 be BSA Le ee 67 26: Snelish sparrow = oS S522 S248 she ee ee 68 27. Weed seeds commonly eaten by birds: .>.22-+ -... 2... eee 71 28." Meldisparrow ss sss ses. Ses SP eee oe ee 74 29) Goldhneh ajo. Vso Paes ted Se tas Se 75 30.. Yellow-billed cuckoo’ 2.0.2.0 625222 ee eee 87 31. Yellow-bellied sapsucker. . 22 $322. .20052.222..4 2a ee 89 Sze licker ose kk Fe bill dei ee eee 90 Dox AqAOO DE Pies Rie CU a ER eS Che iy LORE ee 93 of. Blue Jay oes oboe 2s ie WEE NS Oe NT Cee a er 94 30. Bobolink: . 72 fo... bai ee! ee kk. See 95 36. Red-winged blackbird 2:2222...5, 2.3. 5. 4/02) 2S eee 96 oi. Gedar bird 222 22. ts26 cn ye Us tas SE ee 99 oo: Mockinebird iio bse gl Yai ee ee Pa ee Gat ee 105 oo. Brown thrasher.. 2200. 32. host. dae ee ee eee 106 AO); louse wren & 22.20 si 4232 eels Ae ee ee eee 107 ie — Ee ROU. 2 ELS ote ee 2a & es Se ett ET ene. 109 BIRDS OF A MARYLAND FARM. I.—INTRODUCTION. The principal method used by the Biological Survey in investigat- ing the food habits of birds is examination of the contents of stomachs, the material for which is obtained from all parts of the United States. In the case of each species the separate data accumulated by examining as many stomachs as possible are tabulated and show the food of the bird in question to consist of various proportions of cer- tain elements. This method, combining as it does data from many parts of the country, gives results necessarily somewhat composite, but certainly trustworthy, and shows to what extent a bird eats fruit, grain, or insects, thus furnishing a comprehensive and detailed knowledge of food habits that probably could not be obtained by any other available means. In a study of local conditions, however, general conclusions regard-_ ing the utility of a bird based on data from perhaps a score or more of States may sometimes require modification. For instance, from a study of the smaller herons from material collected from North, South, East, and West the conclusion would be drawn that they live on food of no economic value and are therefore unimportant species. But a study of these birds in the State of Louisiana alone shows them to be highly useful, for here they prey on crayfish, which, by tunneling through the levees, cause great damage to crops by flood. In similar ways the relations of birds to a certain locality or particular farm can not always be exactly tested by conclusions drawn from a large range ,of territory. The exact damage to crops is not revealed by stomach examination. A bird may have punctured. several grapes in each of a hundred clusters and yet betray to the microscope no sign of its vicious habit. On the other hand, a bird may be con- demned as injurious because it is found to have eaten berries or grain, although, as a matter of fact, it has taken the berries from wild plants and gleaned the grain after harvest. Then, too, the material exam- ined at the Department is not usually accompanied by notes of the available supply of fruits, seeds, and insects present at the places where the birds were collected. Such information would be a sig- nificant supplement to the results of stomach examination. The faults of a fruit-eating bird might be condoned if it were found to rob the garden and orchard only when the thicket and pasture were barren. And the value of birds as insect destroyers in any particular locality 9 10 BIRDS OF. A MARYLAND FARM. can be understood only when one knows just what crops of the region are infested, and the identity and importance of the pest by which each is chiefly attacked; for only then can one learn which birds select the worst pests and destroy them in the largest proportion. With a view to ascertaining how far local conditions might modify the details of general conclusions based on data from widely separated regions, a study of the food habits of the birds on a particular farm was undertaken. From July 30, 1895, to July 24, 1902, visits were made at frequent intervals and including every month of the year except January. To obtain an idea of the available food-supply, the insects, berries, and seeds found on the place were collected; the con- dition of the crops and the insects infesting them were noted; detailed observations of the birds’ food habits were made in the field, and the stomachs of 698 birds were collected and examined, 53 being those of English sparrows and the remainder (645) those of native species. One of the most serious disadvantages attending the work is that from such a limited area one can not examine stomachs enough to get a thorough knowledge of the food of each species, and is often com- pelled to rely, for the general idea of the food, on conclusions drawn from material collected elsewhere. Still, such information, supple- mented by the knowledge gained from local stomach collections and field notes, has made it possible in most cases to determine whether a given species is, on the whole, helpful or harmful to the farm in question. TOPOGRAPHY OF BRYAN FARM. The farm chosen for this investigation is the Bryan farm, at Mar- shall Hall, Md., on the south bank of the Potomac, 15 miles from Washington, directly opposite Mount Vernon, Va. (see Pl. I, frontis- piece, fig. 2). The former owner of the farm, Mr. O. N. Bryan, was an enthusiastic collector of birds, plants, and Indian imple- ments, and was known to many Washington scientists. On his death, in 1892, his collections were given to the National Museum. The farm passed to his nephew, Mr. George R. Bryan, to whom the author _ is indebted for permission to conduct these investigations on the place, and for cordial cooperation and uniform courtesy throughout their course. The farm contains about 230 acres, of which 150 is cultivated and most of the remaining 80 covered with timber, principality hard- wood interspersed with pine. The arable land, forming as it does nearly two-thirds of the farm, is all in one tract (see map, Pl. I). Its western limit is a straight line of fence separating it from the next farm; its northern boundary, almost twice as long, is the nearly straight shore of the Potomac River, which here flows from east to west. A small bay, formed by an indentation of the river shore (PI. III, fig. 1), a calamus swamp, 200 yards long (Pl. VII, fig. 1), which drains into the bay, and a tract of woodland (Pl. XVI, fig. 2) form TOPOGRAPHY OF BRYAN FARM. Lt the eastern and southern boundaries. The uncultivated part of the farm consists of timber tracts, tevel except about the swamp, where the land: rises on two sides, the eastern rise forming a little wooded hill more than 100 feet above the river (Pl. VII, fig. 2). The cultivated area is a level, alluvial bench extending back from | the river a half mile to foothills (Pl. II, fig. 2). It is divided into five approximately equal lots, two Bion the southern or woodland boundary and three along the northern or river boundary. A straight line of fence parallel to the river separates the three river lots from the two inland lots. The river tract is rectangular, about three times | as long as broad, and extends east—that is, up river—-several hundred _yards farther than the inland tract. A bushy draining ditch, which _ will be designated throughout this paper by the local name Persimmon _ Branch, stretches lengthwise through the middle of this area from the calamus swamp to the lower or southwest corner of the farm, where it empties into the river by a swampy, timbered outlet. Persimmon _ Branch is joined not far from its river mouth by a tributary—locally _ known as Partridge Branch—that drains the western inland lot. The _ other inland lot has no ditch, and part of it is often wet; the side toward the swamp washes badly during heavy rains. It has been _ found convenient to designate these lots by numbers, the three along _ the river being numbered 1, 2, and 3 and the others 4 and 5 (see map, mri. TT). The farm meets the river in a precipitous, tree-fringed bluff from 20 to 30 feet high, which at low tide has a strip of sandy shore (P:. IV, fig. 1). All the buildings but one stand at intervals on a road running along the brink of the bluff. In the middle of the river front of lot 1 _ are the house, surrounded by a yard with a paling fence and shaded by great locusts, and a horse barn with its corn house (see Pl. I, frontis- piece, fig. 1). In lot 2, touching the line dividing it from lot 1, isa _ cow barn, and at the middle of lot 2 isa negrocabin. A storage barn _ stands several hundred yards south of the cabin, at the northwest cor- | ner of lot 4 (see map, PI. I). The staple products of the farm are corn, wheat, and tobacco in | irregular rotation with timothy, which furnishes the winter supply for | some half dozen cows and about as many horses. In recent years | market gardening has been attempted on a small scale, in the light, | sandy part of lot 8, between Persimmon Branch and the river. It is | yy le ie seldom that even two-thirds of the five lots is under cultivation at once. Of the remaining third or more, 5 to 10 acres is usually devoted to _ timothy, and the rest is worn- oat mowing lands and weedy old corn- | fields (PI. V, fig. 1). Broom-sedge, which in spring makes good pas- be ' F Biurace but later is refused by stock, comes into these samutale after the first year, and, in time, into the timothy fields (Pl. XIV, fig. 3). pt the cultivated area, as Haack as 30 acres is sometimes cee to corn. A smaller acreage is given to wheat, and still less to tobacco iy BIRDS OF A MARYLAND FARM. (Pl. VIII, fig. 1), which, however, is the most steady in price, and during good years the most profitable crop. Vegetables, strawber- ries, pears, grapes, and quinces are grown in an inclosed kitchen garden adjoining the dooryard on its upper side. Beyond is a hog lot of several acres, with a small wooded gully leading down to the river | and affording shade to the dozen or more hogs that range there (PI. | | : LVerho. 2): DISTRIBUTION OF BIRDS. a After this preliminary account of the topography and the products | of the farm we may consider the birds and their relation to the crops. | The whole farm with its arable land, river shore, steep bluff, and low calamus swamp bordered on one side by the high hill and on another by the extent of level forest, presents conditions so varied as to attract many different kinds of birds. The actual distribution of the various | | species is of great importance. Other things being equal, those that | live on the arable land, and thus have the best opportunity to check | the work of injurious plants and insects, may be expected to do the | greatest good, while such as frequent only the swamp or the remote woodland have little effect on crops. BIRDS THAT FEED IN OPEN FIELDS. | Meadowlark.—The meadowlark (fig. 1) is a good example of species Fig. 1.—Meadowlark. of the former class. It was found breeding in all the lots, usually ina timothy field or an old weedy cornfield (Pl. V, fig. 1), and was present in numbers sufficient to do much good. In late summer flocks of 20 ia were often seen, and in November usually more than twice that num- Hi | ber. These birds in their feeding completely covered the open parts Hh of the lots, and came fearlessly up to the barns and foraged within a stone’s throw of the house. Bull. 17, Biological Survey, U. S. Dept. of Agriculture. PLATE II. — X Wh A PB Svar Hall arf OF | \ BISA RMR Ny MARSHALL FALL, MD. SO avelae Cima iaaialy 0 200 400 600 CEOs Reese y $2 Seat SOR Oh nae 5 ee ETD Lot poe eAoghS age B aoe partt Heke Bs) Boag ae 2A Veli ill see ae Wheat si 3 See eo aes jaan oh AKG A gray ov A. ; N AN Aan S PAN GAS Sy % AT S Oy hath TAR (S : i agtaa my jot ree barn AS BEAT | use we ae ———_————SS Sea Pe Fer ee — Viet ; : APD ADA...--2.2-.- DINE [gO po qe Teaeemnneeny ames Swamp f A itp L L Ket ce eibe rae y, 5 Si a aR, — =a We eS A, Boe = LAUREL: NH yp \ AN ws Wi 2Z ie RAN WAZ = aut: SWAMP OR MARSH. WO --=-ROAD| — SSsNW'Y MAP OF BRYAN FARM, WHERE THE INVESTIGATIONS WERE CARRIED ON. DISTRIBUTION OF BIRDS. 13 Grasshopper Sparrow.— The grasshopper sparrow is even more exclu- sively a bird of the open land than the meadowlark, for it seldom flies up from the fields to perch in trees. During the period of obser- vation it happened to breed for the most part in lots 1, 2, and 3, choosing timothy fields or pastures (Pl. V, fig. 2), or weedy, briery cornfields. It was often seen feeding in lot 5, but was seldom observed in lot 4, probably because the rotation of crops in that lot did not happen to provide favorable grass land. Bobwhite.—The bobwhite—the quail of the North and the partridge of the South—is also a bird of theopen, though it has the habit of flying to cover when alarmed. Bobwhites were frequently found in coveys . of a dozen or more in lots 4 and 5. On being flushed they sought shelter in the neighboring oak woods, where they spent much time, especially in fall and winter. In summer they lived chiefly in the open lots of the farm, where they nested. From the time that corn was 3 feet high until it was cut, they used it for cover. They were not as closely confined to grass land as the grasshopper sparrows, but foraged in every lot, and appeared to come in closer contact with crops than did any other species on the farm. Mourning Dove-—Among the birds of the first class may also be included mourning doves (fig. 2) and crows, which, though not nest- Fig. 2.—Mourning dove. (The background of this picture is typical of the Bryan farm.) ing on the arable land, were always to be seen feeding there. The doves nested in small pines in the more open parts of the adjacent woods. As their food is weed seed and waste grain gleaned on stubble- ' , 14 BIRDS OF A MARYLAND FARM. fields, they avoided fields of timothy and broom-sedge and areas under actual cultivation and foraged in waste corn land and on wheat stub- ble, where, for a time after harvest, they obtained wheat and, later, abundant seeds of ragweed. They were often observed in lots 2 and 3 feeding on the seeds of oxalis, spurge, and other weeds that grew among old cornstalks, and in fall worked among the rank weedy growths that overran the truck land between Persimmon Branch and the river; but they were more often seen in lot 4, which was near the woods where they nested, and which furnished them wheat stubble or new corn stubble with their favorite pigeon-grass. At harvest time and later the flock of doves numbered a score or more. Their feed- ing grounds changed from time to time according to the rotation of crops. They did not approach the buildings with as much confidence as‘did the meadowlarks and the bobwhites, and thus lost some effec- tiveness as weed-seed destroyers. Crows.—Both the fish crow and the common crow occurred on the farm, but the latter species was much the more abundant. Crows nested in the scrub pines (Pinus virginiana) which grow among the white oaks and red oaks bounding lot 4, and bred also in the woods across the calamus swamp, where, in addition to the trees just mentioned, there is a sprinkling of cedar, sycamore, and holly. Their favorite feeding grounds in spring were newly plowed fields where May-beetles and cutworms were to be found. Even when such fields were close to buildings the crows, though usually shyer than the doves, watched for opportunities to visit them, and many times were noticed in the early morning stalking along the furrows, sometimes within a few rods of | the cabin, cow barn, and storage barn. As they did not often enter the timothy fields, which were tenanted by meadowlarks and grass- hopper sparrows, and as these, on the other hand, were seldom seen on plowed land and among the hoed crops where the crows constantly foraged, the work of the latter was, in a measure, complementary to that of the former. Blackbirds.—The crow blackbird, although it did not nest on the farm, was a frequent visitor. During the breeding season its favorite haunt was the cherry trees along the river bluff, but in spring and fall it foraged in flocks over all the lots of the farm. Sometimes with this — bird, but more often in separate flocks, the rusty grackle visited the farm during migration. At this time also, the cowbird, often in large flocks, appeared in the open fields and helped to reduce the weed-seed harvest; but during the breeding season the species was limited to sey- eral pairs, which were generally to be seen wallcing about the pastures at the heels of the stock. Other birds —The robin, though not breeding at Marshall Hall, was abundant in spring and fall, and might be found foraging out in the centers of the largest fields. The goldfinch showed the same fondness DISTRIBUTION OF BIRDS. 15 for the open and was often observed feeding far afield in flocks of from 100 te 300. Of the birds of the open, that fed far out in all the five lots and did not depend on adjacent cover, there remain but two to be mentioned, the vesper sparrow and the savanna sparrow, which visited the farm only during migration, but helped, nevertheless, in the valuable work of destroying weed seeds. BIRDS THAT DEPEND ON COVER. Cover furnished by farm.—Other species, mainly sparrows, though occurring on the arable area, fed less generally out in the centers of the fields, and depended on protecting cover. This was afforded in part by an osage orange hedge which bounds three sides of lot 2, and by blackberry bushes and cedar and sassafras trees along fence rows. Excellent cover was furnished, also, by a narrow belt of locusts, cedars, and cultivated cherry trees along the edge of the river bluff, and by a tangle of blackberry, honeysuckle, smilax, wild grape, bittersweet, and trumpet creeper that grows under the trees and in many places covers the face of the bluff (Pl. VI, fig. 1). Other good cover, nesting sites, and feeding grounds are afforded by the trees and bushes around the house, by the forested gully of the hog lot (Pl. IV, fig. 2), and by the timbered outlets and bushy upper courses of Persimmon Branch and Partridge Branch. (The course of Persimmon Branch near the outlet can be seen in Pl. XII, fig. 2.) To the thickets of the hedge- rows and streams is due the presence on the arable land of many - species that would not live on unwatered and wholly cleared farms. Field Sparrow.—The field sparrow, which appears-so often in the open that it may almost be grouped with the preceding class, is found, on observation, to be dependent on cover. But it is a bird of the broom-sedge and briers, and its presence is not conditional on the neighborhood of large trees, water, or buildings, as is that of some other sparrows. Its nesting, sites included each side of Persimmon Branch, the broom-sedge and dewberry tangle of the high part of the hog lot (Pl. VI, fig. 2), and the crest of the bluff overlooking the swamp. After the young were fledged small flocks of two or more families followed the branches, hedgerows, brush piles, and fence rows all about the arable part of the farm, even finding their way along a rail fence to tobacco seed beds in the woods. ‘The field sparrows avoided timothy, but foraged far out in weedy old cornfields where the stalks _. remained standing, and when new corn had tasseled they fed under its © AONE pad shelter. They were found with most certainty, however, in waste grounds bearing little but broom-sedge and briers. Chipping Sparrow.—The chipping sparrow, the field sparrow’s con- gener, in conformity to its semidomestic habits, nested in the door yard, the kitchen garden, the adjacent orchard, and cedar trees near the storage barn. It was characteristic of roadside and rail fence and 16 BIRDS OF A MARYLAND FARM. foraged in cropped pastures and among hoed crops. Unlike the field sparrow, it sought cover, not in bushes, but in trees isolated as in orchards. On account of these habits its work is more or less com- plementary to that of the field sparrow. Neither species was’ noticed feeding to any important extent in standing timothy, the habitat of the grasshopper sparrow, but they both destroyed weed seeds and insects over a large part of the farm, even out in the center of lot 4 far from cover. In August and September they fed together in loose flocks along fence rows. At this time there were nearly a hundred of the two species, the chipping sparrow being the more numerous. Song Sparrow.—The song sparrow (fig. 3) is a bush bird, which, though feeding on the ground, is generally too cautious to venture far afield. It is essentially a bird of the waterways, and bred in the undergrowth along Persimmon Branch and the river, in the hog-lot gully, and about the calamus swamp; yet, like the chipping sparrow, it came with confi- dence up to all the buildings. It for- aged over the gar- den and dooryard and along a strip several rods wide extending from the house to the mouth of Persimmon Branch. In feed- ing here it usually avoided the open parts of newly plowed fields, but ran amid corn, | wheat, tobacco, truck, and timothy, and, as will appear later, did considerable good in this way. It spent much time along the river shore, however, and thus wasted opportunities for protecting crops. In summer it was less abundant than the chipping sparrow or the field sparrow, but after the breeding season it came down from the North in great flocks and did good work among weeds. Fig. 3.—Song sparrow. Other native sparrows.—Fox sparrows, and many tree sparrows, juncos, and white-throated sparrows also come down from the North in the fall. The fox sparrows are cover-loving birds, and frequented the tangle of the river front and Persimmon Branch, seldom venturing more than a rod into the fields. The whitethroats usually associate with song sparrows, and were found all along hedgerows and water- ways. The tree sparrows associate with field sparrows, and like them preferred broom-sedge fields, though they, too, often followed the Bull. 17, Biological Survey, U. S. Dept. of Agriculture. PLATE III. Fia. 1.—BAY AND HILL ADJACENT TO CALAMUS SWAMP. Fig. 2.—BRYAN FARM FROM THE RIVER, SHOWING SHORE, BLUFF, ALLUVIAL PLAIN, AND FORESTED HILLS. PLATE IV. y, U. S. Dept. of Agriculture. Bull. 17, Biological Surve —RIVER BLUFF IN WINTER, WHICH SHELTERS SEVERAL Fia. 1 SPECIES OF NATIVE SPARROWS =__— = SHADE, ’ WHICH FURNISHES SHELTER AND Foop FOR MANY BIRDS. Hoa LoT GULLY, Fig. 2 j | DISTRIBUTION OF BIRDS. be hedges and water courses. The juncos are an independent species, taking refuge in large trees as well as in bushes, and pita. ag far afield, even in bare and exposed situations. English Sparrow.—In addition to the native sparrows, the English sparrow occurred on the farm. Its distribution depended solely on suitable nesting holes and available grain. A dozen pairs bred in the crannies of. the house, in an old dovecote on the granary, and in the dooryard locusts. At harvest time the flock numbered 100 or more. No part of the farm was too remote for their forays if it yielded them grain, so their feeding grounds varied with the rotation of: crops. They were often to be seen, also, gleaning amid poultry and stock at feeding time, and stealing into the corn crib. The presence of this bird had affected the distribution of other species, particularly such as nest in cavities. The bluebird had been driven from the farm, and many of the house wrens that formerly bred about the buildings had had to seek more secluded places. A few pairs of wrens continued, however, to nest near the house in cavities too small to admit the sparrow. Others lived at both mouths of Persimmon Branch and the lower end of the hog-lot gully (Pl. LV, fig. 2). BIRDS OF LESS LIMITED DISTRIBUTION. Kingbird and Oriole——About a dozen pairs of kingbirds and orchard orioles were also on the place. Neighbors at nesting time and often associates in their feeding range, they lived together in fruit trees by the house, and were also noted at the negro cabin and on the shore by _ the calamus swamp. Wherever a kingbird’s nest was discovered, a nest of the oricle was sure to be found in the same or an adjoining tree. Itseemed odd that such a tyrant as the kingbird should tolerate such close proximity. The kingbirds skimmed over all the five lots after insects, occasionally ' poising on weedstalks and often perching on the highest trees along ' the river bluff and the hedgerows. The orioles, though not infre- quently seen along fence rows, were generally confined to the trees of the river front, whence, however, they flew out into the adjacent mowing land to pick up insects from the ground. _ Cedar Bird —From a dozen to a score of cedar birds also frequented the trees along the river, though they did not nest on the farm, and ‘they were often noticed at the ends of Persimmon Branch and in the -hog-lot gully. Their distribution appeared to depend on the presence of ripe fruit, such as mulberries, cherries, blackberries, or cedar _ berries. - Catbird—The most abundant summer bird was without question the -catbird (fig. 4). Its usual habitat was practically the same as the song _ sparrow’s—thatis tosay, the undergrowth of moist places. But while the 7222 18 BIRDS OF A MARYLAND FARM. song sparrow preferred thickets of blackberry, elder, and alder, somewhat open to the sun, the catbird chose tangles of catbrier deeply shaded by overspreading trees. It was therefore numerous in the swampy, forested dells at the extremities of Persimmon Branch (see map, Pl. II), and still more so in the hog-lot gully (Pl. IV, fig. 2), 410) S LE A =} Fie. 4.—Catbird. where it found attractive food, consisting of cherries, mulberries, blackberries, and elderberries, besides May-flies, which were abun- dant before the fruit ripened. Here, in one morning, fifteen cat- birds were seen. Like the song sparrow, this species came up to nest about the house. One pair built in a holly by the gate, another near the horse tub, and two pairs in the garden. All these families fed among the vegetables and moved about under the apple trees and in the dooryard. The catbird is arboreal to the extent of securing prob- ably three-fourths of its food in trees or bushes. Because of this fact, and also because its feeding range does not extend out into fields, it does not appear to have a close relation with crops. Other birds——One or two pairs of cardinal grosbeaks bred on the river bluff, but more were noticed in the edge of the swamp bordering the arable land. They built chiefly among catbriers, in stunted young scrub pines, and in the tops of fallen oaks. Cardinals were also seen along the wooded parts of Persimmon Branch, and may have bred there. Two pairs of yellow-breasted chats nested close to crops, one in the thick undergrowth of Persimmon Branch and the other in a similar shaded thicket at the northeast corner of lot 4. Indigo birds and brown thrashers nested near the storage barn, phcebes in the cow barn. and swifts in the chimneys of the house. DISTRIBUTION OF BIRDS. 19 BIRDS OF VARIED DISTRIBUTION. The distribution of the birds remaining to be mentioned can not be so definitely limited. Various gulls and ducks were present in the river during the colder months. The least bittern, great blue heron, little blue heron, little green heron, and sora rail occurred in the cala- mus swamp (Pl. VII, fig. 1), and the little green heron was also noted feeding all along the river (Pl. ILI, fig. 2). Woodcock were found on Persimmon Branch near the river, and were observed at dusk flying into adjacent cornfields. Sandpipers, usually the spotted, but now and then the solitary, were to be seen, particularly at the mouth of the hog-lot gully, teetering along the beach in twos and threes. Various species of hawks, including the broad-winged, red-tailed, red-shouldered, marsh, Cooper, sharpshinned, and sparrow hawks, occurred on the farm. One pair of Cooper hawks bred in the scrub _ pines on the edge of lot 4. Broad-winged and red-shouldered hawks built on the slope of the wooded hill that. rises from the calamus swamp (Pl. VII, fig. 2). Eagles frequently came over from Virginia, and one established a post in a large tree on the bluff just below the negro cabin. Ospreys sometimes passed the farm on fishing trips up and down the river. Several pairs of great horned owls and screech owls built in the woods above the calamus swamp (PI. VII, fig. 2). Turkey buzzards soared over the fields and often fed aiong the shore: some nested beyond the farm in the chestnut stumps of a deep, narrow gully. Kingfishers, which bred in the sandy face of the bluff beyond the farm, fished in the calamus swamp and along the river front. The _downy woodpecker foraged in all the fruit trees and nested in the _ hog-lot gully, at the river mouth of Persimmon Branch (see map, : Pl}. II), and also in some of the most remote woodland. Flickers, ' though breeding at Marshall Hall, were most numerous in spring and fall, when they frequently fed in open fields with robins. Sap- suckers were seen in various places during the colder half of the year, very often in the apple orchard by the kitchen garden. The _ red-headed woodpecker also occurred, but its distribution was very erratic. Night-hawks sometimes appeared in the late afternoon, ' circling after insects, and whip-poor-wills were frequently heard, though seldom seen. Hummingbirds were seen in various places about the farm dipping into the flowers of the trumpet creeper, " persimmon, and tobacco. One nest was discovered on a horizontal i bough on a red oak beside Persimmon Branch. Another was found | fastened to the limb of a box elder in front of the farmhouse. _ Two pairs of wood pewees nested in the kitchen garden and the _ dooryard, and more than a dozen pairs bred in the recesses of the woods. The great crested flycatcher habitually stayed in solitary 20) BIRDS OF A MARYLAND FARM. retreats and journeyed over to the hog-lot gully, the river front, and even the dooryard. Several pairs of blue jays and scarlet tanagers fre- quented the oaks bordering lot 4. Two or three pairs of red-winged blackbirds, that sometimes fed on the cultivated land, nested in the calamus swamp (Pl. VII, fig. 1). Purple finches were found during the colder half of the year along the brink of the bluff. Barn swallows nested in the cow barn one summer, but the individuals usually seen were visitors from other farms, as were also the purple martins, white- bellied swallows, and rough-winged swallows, that mingled with the barn swallows, often in a flock of a hundred, and skimmed over the field in pursuit of insects. The red-eyed vireo, in summer one of the most abundant species on the farm, built in trees everywhere, but was most numerous in decid- uous woodland. Having strictly arboreal habits, it did not feed among field crops, but protected the foliage of orchard, shade trees, and woods. The white-eyed vireo was found in moist places outside of the culti- vated land and also in the woodland about the calamus swamp. The last-named locality sheltered large numbers of migrating warblers in spring and fall. Here at these seasons could be noted the black- throated blue warbier, myrtle warbler, magnolia warbler, black-poll warbler, black-throated green warbler, pine warbler, prairie warbler, oven-bird, the two species of water-thrushes, Wilson’s blackeap, and the Canadian warbler. The yellow warbler built near the house and also in willow swamp land back from the arable area. The redstart nested on the west side of the swamp. The Maryland yellow-throat, rivaling the song sparrow in numbers, frequented all the moist, bushy regions, but often came out into the five lots to feed along the fence rows, and was sometimes seen scurrying among the leaves of tobacco. Halfa dozen or more pairs of long-billed marsh-wrens had nests in the swamp (Pl. VII, fig. 1). Carolina chickadees nested near the swamp and in the pin oaks of the woods near lots 4 and 5, and several were seen in the orchard and the hog-lot gully. Tufted titmice were occasionally observed in the neighborhood of the swamp and the same woods. Kinglets of both species occurred in the apple orchards. The hermit thrush, olive-backed thrush, gray-cheeked thrush, and Wilson’s thrush occurred during migration in the oaks bordering lot 4. The wood thrush was found breeding in the forest east of the calamus swamp (Pl. VII, fig. 2), but never came out into the garden or house yard, as it often does in more northern States. | TOPOGRAPHY OF HUNGERFORD FARM. In order to study the effect of birds on a greater variety of crops than were grown on the Bryan farm alone, the next two farms, namely, the Marshall farm and the Hungerford farm, which were conveniently situated for the purpose and were kindly placed at my service by the = | INSECT FOOD. 21 owners, were visited from time to time. A brief description of the latter, on which most of these subsidiary observations were made, is necessary for a clearer understanding of the results here set forth. It is primarily devoted to truck and fruit, though it produces also wheat, corn, and tobacco. A hedgerow of large cedars cuts it into two parts, each part with its house and barn. The upper section has a swamp fed by a bushy brook and emptying into the river, while the lower section is drained by two ditches merging into one at their river out- let. There is also a timbered dell, shallow and swampy, which extends from the river back into the cultivated fields, and which harbored a colony of breeding crow blackbirds, more than a dozen catbirds, several _ woodcock, and at least two pairs of cardinals. Along the Hungerford farm the bluff is seldom half so high as on the Bryan farm, and in many places is entirely wanting. II.—INSECT FOOD. In studying data derived from the examination of stomachs collected over areas widely diverse in latitude and longitude the investigator seldom knows exactly what kinds of insects were available for selec- tion at the time the food in the stomachs was obtained, how abundant _ relatively the various species of insects were, and to what extent, if any, they were injuring crops. He is therefore in some danger of _ misinterpreting results, especially when he attempts to show how the birds’ insectivorous habits relate to agriculture in specific cases. He may, for instance, commend birds for having fed on a certain pest, when, as a matter of fact, they had found no other food available, or he may condemn them for not having eaten injurious insects when the | district from which they came happened to be free from such plagues. | For this reason, therefore, a careful study was made of the relative | and absolute abundance of the different kinds of insects on the farm | at each visit. It may be mentioned here that in recording observa- | tions of this kind the calendar date should be supplemented by the biological date, which shows the advancement of the season and is best _ determined by the condition of the vegetation; but this rule has not | always been followed in the present report. | CRANE-FLIES. —— _ The most interesting visits were, naturally, those made when insects | were most numerous. Crane-flies appeared every year, but during 1900 were unusually abundant. The farm was visited on April 22 of _ that year when the forests were bare and the fields brown. Peach, | plum, and pear were in bloom, but the apple was not yet out. Crane- _ flies were seen everywhere, but were thickest in the grass land of lot 1, where they fairly swarmed on the ground and flew into one’s eyes, Eo see SS Ee EF — —s 22 BIRDS OF A MARYLAND FARM. nose, and mouth. No birds were collected, for it was evident that all were feeding on crane-flies, which formed the only abundant supply of insect food. Several species of sparrows, including song sparrows, white-throated sparrows, and chipping sparrows, were observed greed- ily eating them. A pair of kingbirds left their perch onan apple-tree spray every now and then to snap up the insects, and a Maryland yel- low-throat, several neadowlarks,.and a pair of bobwhites feasted on the swarming prey. These insects fly feebly and are easily caught; and since there is hardly an insectivorous bird that is not known to take them, it seems safe to conclude that when they are abundant they are eaten in great numbers. Coming as they do in the spring, when other food is scarce, they are a boon to birds. They supply both the newly arrived species and those that are about to journey to their northern nesting grounds. The destruction of crane-flies by birds is a benefit to the farmer, as they are injurious to grain and grass. Their larve, repulsive, leathery-looking objects, feed underground, largely on roots. Crane-flies are said to do great damage in Europe, but are much less important in this country. MAY-FLIES. Of all the insects on the farm, the May-fly (fig. 5), during the period of its aerial life, is undoubtedly the most abundant and the most con- spicuous. The respective numbers of other spe- cies fluctuate greatly from year to year, but the myriads of this plague are nearly always constant. Fortunately the life of the adult lasts only from a few hours to two days. As a water nymph, how- ever, the insect lives from one to three years. When the locust trees are dropping their blos- soms, usually about the middle of May, the nymphs rise to the surface of the Potomac, trans- ee ans (fom form into adults, and flutter to the shore. The suddenness with which they appear and their vex- atious numbers may be understood from a description of the conditions that prevailed at Marshall Hall from the 18th to the 15th of May, 1900. | On the morning of the 13th not a May-fly was to be seen. In the late afternoon several were noticed along the shore. On the 14th many came up from the river and flew around the house, and on the morn- ing of the 15th thousands were found clinging to the porch. They soon spread all over the farm, or, more strictly speaking, were blown over it. The air was full of them. After a walk of a hundred yards along the bluff in lot 3, I found 67 clinging to me. They covered the cedar trees beside the river, turning. the dark green of the foliage to a distinct gray. They frightened the horses so badly by alighting on them that plowing was suspended for several days. They swarmed into the house and made meal-times almost unendurable. This condition INSECT FOOD. De seldom lasts more than a week or two. Soon the dead bodies of the short-lived creatures are cast up all along the shore in windrows several inches high, and then there is a marked decrease in their abundance about the farm. They occur, however, though in constantly dimin- ishing numbers, throughout ii une and even into July... At their ‘boon tide they furnish most of the food of practically all the birds of the farm, even including barnyard fowls. They are soft, entirely edible, and highly nutritious, owing to the fact that the females are heavy with eggs. ‘Any bird, no matter how clumsy, can capture them as they make their aimless, blundering flights, or fall helplessly from contact with objects in their way. It was interesting to see the methods by which different birds procured them. A green heron, three spotted sandpipers, several song sparrows, and a dozen crow blackbirds frequented the beach, picking up insect after insect. Woodpeckers and at times Carolina chickadees snapped them up from tree trunks in the apple orchard or the hog-lot gully. The parula warbler, the yellow warbler, and one or two other warblers, with the ~ white-eyed vireo and the red-eyed vireo, gathered them from among leafy boughs. The redstart darted out and caught its share of the quarry onthe wing. Some species fed in a lazy, sated manner. Thus in the top of a cedar that was gray with the insects, five crows sat for half an hour slowly choking them down. A pair of red-winged black- birds and several blackpoll warblers later visited the same tree to feed. Such flycatchers as the phcebe, the wood pewee, the kingbird, and the great crested flycatcher stood nervously at their sentry posts, every now and then rising to hover and snap upa victim. The kingbird had another, more interesting method of feeding. Perched in the dead top of a tree, it would make a dash into one of the lateral boughs of an adjacent locust that was so heavily laden with May-flies that the tips of the branchlets drooped under the weight, dislodge hundreds of _ the insects, snap up several as they fluttered out, and then return to its perch. Over and over it played this game, apparently with keen zest. JI watched a similar, though less adroit, performance by a female catbird that spent a long time gathering food for her young from a maple in the dooryard. Every few minutes she would take a short flight and drop on the end of a slender bough; then from the scores of May-flies shaken out she would, by clumsy efforts, generally manage to catch one. A hen with her brood of eleven chicks derived the chief profit from the bird’s industry, and remained for two hours gobbling up the manna that rained from the maple tree. English sparrows also shook the insects from the branches and captured them on the wing. A flock of a dozen cedar birds pursued them through the air, appearing to swim rather than fly, and reminding one of a lazy Pinal dawdling after a baited hook. At other times, possibly when they were more hungry, they caught their prey with an alert- a er ne «ee 94 BIRDS OF A MARYLAND FARM. ness that would have been creditable in a flycatcher. Swifts and a ~ variety of swallows, including the tree swallow, the bank swallow, the rough-winged swallow, the barn swallow, and the purple martin, appeared to feed on May-flies exclusively. Whenever a kingbird dashed into a tree these birds would fly by the dozen to the spot and seize the fluttering, helpless insects that had been dislodged. When, however, a gust of wind drove the May-flies before it, the swallows were seen to best advantage as they circled gracefully after them. Field observations and the examination of stomachs proved that 40 species had eaten May-flies, but this number probably represents only about half the truth. Not many birds were collected at the height of the insects’ abundance, because even casual observation showed that practically all the birds of the farm, not only the highly insectivorous species, but also the species chiefly frugivorous or granivorous, turned to them for food. The following is the list obtained: List of birds known to have fed on May-flies. Green heron. Red-winged blackbird. Yellow warbler. Woodcock. Orchard oriole. Black-poll warbler. Spotted sandpiper. Crow blackird. Water-thrush. Yellow-billed cuckoo. English sparrow. Maryland yellow-throat. Black-billed cuckoo. Field sparrow. Yellow-breasted chat. Downy woodpecker. Cardinal. Wilson warbler. Chimney swift. Purple martin. Redstart. Kingbird. Barn swallow. Catbird. Great crested flycatcher. White-bellied swallow. House wren. Pheebe. Bank swallow. Carolina chickadee. Wood pewee. Rough-winged swallow. Blue-gray gnatcatcher. — Blue jay. Cedar bird. Gray-cheeked thrush. Common crow. Red-eyed vireo. Bobolink. Parula warbler. Though May-flies furnish valuable food for fish and do no harm to crops, they are of course a plague when they become so numerous. Broadly considered, however, their consumption by birds is a misfor- tune, for it suspends or prevents the destruction of really injurious insects. At no other time do all birds eat so large a proportion of insect food, for at no other time do they find such a scarcity of other suitable food, and if their attention were not diverted by this easy and palatable prey they might be expected to do the best of their work against insect pests. This unfavorable condition is, however, strictly local, lasts only a few days, and would not occur on areas remote from large bodies of fresh water where the May-fly breeds. INFESTED CROPS. At each visit the crops were inspected for pests, and whenever any crop had suffered appreciably it was regularly watched to see whether birds came to its relief. Stomachs were collected also around the infested fields. Bull. 17, Biological Survey, U. S. Dept. of Agriculture. PLATE V. Fig. 1.—WEEDY OLD CORNFIELD, LoT 3. FiG. 2.—PASTURE, LOT 1. PLATE VI. Bull. 17, Biological Survey, U. S. Dept. of Agriculture. —TRUMPET CREEPER AND OTHER VINES OF RIVER BLUFF. ete FIG Fig. 2.—BROOM-SEDGE AND BRIERS IN HOG LoT. INSECT FOOD. 25 White potatoes.—The potato beetle (Doryphora 10-lineata) caused every year considerable injury to white potatoes. During May, 1899, it had destroyed at least half of the foliage of several acres of potatoes about 6 inches high in lot 3. The field was watched for an hour or two each day for several days, but only three birds were seen in the patch—a pair of bobwhites, which are noted potato-beetle eaters, sometimes consuming from 50 to 100 at a single meal, and a cardinal, which is a near relative of the rose-breasted grosbeak, probably the the most valuable destroyer of the pest. Unfortunately neither spe- cies could be either observed feeding in the patch or subsequently col- lected. Other birds were very abundant along Persimmon Branch and the river front, but appeared to manifest no interest in potato beetles. From May 28 to May 30, 1896, the potatoes in the kitchen garden, though in fair foliage, had from several to a dozen beetles on each plant. Birds were about the garden all the time. Forty of them, principally catbirds, vireos, house wrens, chipping sparrows, summer warblers, orchard orioles, and flycatchers were collected, but none had eaten the beetles. On the 16th of June, 1901, a large patch of potatoes by the negro cabin in lot 2 was infested. Above it circled a score of swifts and swallows, mainly barn and bank swallows, with a few purple martins. They did not touch the beetles, but caught caddis- flies, which were numerous over the patch. The eaddis-fly, very abundant and regarded by birds as a choice mor- sel, may, like the May-fly, distract their attention from other insects. It usually appears about the last of May or the first of June, and it is greedily eaten by many species, especially by arboreal and aerial feeders. It is a harmless insect, whose larve lead an aquatic exist- ence. It, too, like the May-fly, would be excessively abundant only near large rivers or lakes. String beans——At a time when potatoes were suffering in the kitchen garden (May 28-30, 1896), a dozen rows of string beans beside them were ravaged by thousands of bean flea-beetles (Cerotoma tri- Furcata), but none of the 40 birds collected had preyed on them, a fact possibly due to the presence of caddis-flies. Another uprising of these beetles was observed May 17-20, 1899, but then May-flies were abundant enough to engross the birds’ attention. This beetle is sim- ilar, however, to species that are eaten by many kinds of birds, and, under other circumstances, might perhaps have been destroyed in large numbers. - Sweet potatoes.—T wo tortoise beetles injure sweet potatoes (PI. VIII, fig 2) at Marshall Hall. The more common one (Coptocycla bicolor) has the power to change its color, and at its brightest looks like a drop of molten gold, from which it is generally known as the ‘gold bug.’ During June, 1899, it was especially abundant. On the Mar- shall Hall farm, near a small plot of sweet potatoes that it was injur- 26 BIRDS OF A MARYLAND FARM. ing, 20 birds, principally kingbirds, wrens, and chipping sparrows were collected. None of them had molested it. On the Bryan farm, in lot 3, it was so abundant that it killed every plant in a patch of sey- eral acres. The lot was watched for an hour or two for three days, but no birds were seen coming to the relief of the dying plants. On the Hungerford farm, 24 birds, largely wrens, barn swallows, and cat- birds, were collected near infested plots, and one bird, a catbird, was found to have eaten a tortoise beetle. This fact appears to show that the insect is not unpalatable to catbirds, which might therefore have given some help to the potatoes if cherries had not been so plentiful. Cabbages.—Three pests attacked cabbages—the wavy-striped flea- beetle, the common cabbage worm, and the harlequin cabbage bug. During the middle of June, 1899, the beetle was found in numbers varying from a dozen to a score on each plant of a cabbage patch on the Hungerford place, near the dell where the crow blackbirds breed. No birds were observed among the cabbages. Ten catbirds were col- lected in the dell, but they had fed mostly on May-flies. If these tempting insects had not been present, and if birds had come into the patch, doubtless they would have eaten the beetle, for it is closely aliied to other forms on the farm that are eaten with avidity. The cabbage worm (Preris rapex) did considerable damage during June and July of 1896 and 1899 in the Bryan kitchen garden. From six to a dozen worms could be found on every cabbage. A few stomachs of catbirds, chipping sparrows, and other species numerous around the garden were collected, but none contained the worms. The patch was carefully watched for five days. Song sparrows, catbirds, and chipping sparrows frequently hopped among the cabbages, but were not seen to eat the worms. This was surprising in the case of the chipping sparrow, for it is known to hop up into cabbage plants and extract the larve. In one instance the kingbird fed on the butterfly of the cabbage worm. The harlequin cabbage bug occurred only once in injurious numbers, and then on the Marshall farm. From 20 to 50 bugs could be counted on each plant. Several field sparrows and erass- hopper sparrows, the only species near the patch, were collected, but had not taken the bugs. Other observations have shown that birds do not like these insects, and consequently can not be depended on to destroy them. ) Lima beans.—-During the last week of June, 1899, the 12-spotted — cucumber beetle (Diabrotica 12-punctata) was very abundant on lima beans, though not injuring them seriously. Twenty birds were col- — lected close by, half of them chipping sparrows and the others king- birds, house wrens, and goldfinches. None had eaten the beetles. — The bobwhite and the white-eyed vireo, which feed on them, were not at hand. | INSECT FOOD. 27 Peas.—Next to the beans was a patch of peas so ravaged by the pea _ plant-louse that the crop was a total loss. Only one of the 20 birds had eaten it—a chipping sparrow. It was somewhat surprising to find even one, for the various species of plant-lice are seldom utilized by birds for food, but later it was learned that the chipping sparrow had elsewhere been found preying on the pea plant-louse. This insect has only recently become known to science. It suddenly made its appear- ance along the Atlantic coast and occasioned a loss of $3,000,000 in the first season.” Melons.—Melons at times suffered badly from insects. In lot 4, not far-from the woods, a patch of watermelons in the critical stage of growth, when the first leaf had appeared between the thick, nutritious cotyledons, was ravaged by three species of leaf-beetles—Dabrotica 12-punctata, D. vittata, and Systena elongata. There were from six to a dozen beetles on each plant, and they ate so many of the cotyle- dons that practically the whole piece had to be replanted. When they were most abundant the patch was watched for several hours on June 15, 1899, and again on June 16, but no birds came to its aid. Birds are known to eat these three insects at times, but the remoteness of the melon field from water courses, hedgerows, and other cover attractive to the most abundant species may explain their failure to do so in this case. At the same date (June 15, 1899) Diabrotica wittata was found on canteloupes in blossom on the Hungerford farm, but although there were from 12 to 20 insects on each plant, they appeared to be doing little harm. The patch was observed for an hour in the late afternoon, and three field sparrows, the only birds near it, were collected, but none of these insects were found in their stomachs. _ Tobaceo.—During the last of August and first of September, 1899, tobacco was grown on the Bryan farm in lot 2 near the negro cabin (Pl. VIII, fig. 1), and also on the other two farms. The entire crop was Fic. 6.—Tobacco-worm (after Howard; loaned by Division of Entomology). damaged hy worms (fig. 6) to the extent of 50 percent of its value, in spite of the fact that men, women, and children turned out to pick worms every day for two weeks. When the pests were most abund- ant (August 28-31) an effort was made to learn whether birds were joining in the war against them. Field sparrows and chipping spar- rows spent considerable time hopping among the plants, a song sparrow a @ Circular 43 (2d. series), Div. Entomology, Dept. Agr., p. 3, 1901. 28 BIRDS OF A MARYLAND FARM. and several wrens went into the field often, and two Maryland yellow- throats scurried among the leaves. Forty birds were killed in the vicinity of tobacco fields. They comprised, for the most part, the several species of native sparrows that breed on the farm, including also a few wrens, meadowlarks, flycatchers, and others. Not one of the 40 had fed on tobacco worms, although observations on the farm ~ at other times had shown that birds eat them as well as other sphinx caterpillars. Bobwhites and vireos take them, but were not repre- sented in the collection. The chipping sparrow had eaten them at other times, the English sparrow had been seen picking them from the plants, and the crow is known to be an habitual “wormer.’ In June, 1900, an old crow and five young stayed near tobacco in lot 1 for ten days. In the early morning and late afternoon the youngsters would sit clamoring on the fence, while the mother bird brought them worms from the field. By way of summary it may be stated that while the observations made to determine whether or not the birds of the farm were protect- ing field crops from insects yielded in the main negative results, they do not lead to the conclusion that birds are of no service. They do indicate, however, that birds are not to be depended on to check uprisings of insect pests, and that insecticides should be used freely and repeatedly. In case of this farm it is probable that the super- abundance of May-flies and caddis-flies diverted the birds’ attention from pests to the hordes of harmless insects. The pea plant-louse is a new species, unfamiliar to birds, which, however, seldom eat plant-lice. The potato beetle, though unpalatable and avoided by many birds, is eaten with relish by the bobwhite. Had an especial effort been made to collect this bird in infested fields, it would probably have been found to be doing much to reduce the numbers of the pest. Tobacco worms have also been attacked by the bobwhite as well as by the crow, English sparrow, and chipping sparrow; and it is likely that when these worms are small many species of birds feed on them. INFESTED TREES AND SHRUBS. Fall webworm.—The next group of observations concerns insects that attack trees and shrubs. The fall webworm occurred regularly at Marshall Hall. It was most often found on willow, black walnut, mulberry, apple, and pear trees. Ata time when it was not especially abundant 62 birds, largely catbirds, sparrows, orioles, warblers, and flycatchers, were collected. One of the orioles, a male Baltimore, had eaten webworms. During the middle of June, 1899, webworms defoli- ated parts of apple and pear trees. A number of stomachs were col- lected and the trees were closely watched, but nothing gave evidence | that the pest was being destroyed. During the last of August, 1896, it was so abundant that it defoliated all the willows of the hog- lot gully and fairly festooned the branches with webs. The trees were INSECT FOOD. 29 watched for three hours, August 23. Catbirds and vireos, though numerous, did not molest the larve, but a pair of yellow-billed cuckoos continually extracted them from the webs. The destruction of this insect is an habitual practice with the cuckoo. In a single stomach of the species examined by Professor Beal there were 325 of the larve. Saw-flies——In August, 1896, also, the willow saw-fly (Pteronus) was defoliating the willows farther up the gully. No birds were observed preying on it, though the cuckoo is known to relish saw-fly larve, sixty of which were found in a cuckoo’s stomach examined by Professor Beal. The cornel bushes of the same gully were almost every year stripped by the larve of another saw-fly (Zlarpiphorus varianus). On July 30, 1895, they covered every large bush, and later they devoured all the foliage. A dozen catbirds and several birds of other species were constantly near the bushes, but evidently did not touch the insects. A repetition of these circumstances was noted August 2, 1896. An interesting outbreak of the pine saw-fly (Lophyrus) occurred May 17, 1900, in which hardly a dozen pine trees in the woods adjoining lot 4 escaped attack. In the areas of woodland where the insects had finished their work the trees cast no shade and appeared to be dead. In places where the larve were feeding their dropping excreta made a continuous patter like that of falling rain. From the infested district 34 birds were collected, com- prising the following species: Great crested flycatcher, wood pewee, blue jay, crow, scarlet tanager, red-eyed vireo, white-eyed vireo, magnolia warbler, black-poll warbler, oven-bird, chat, Canadian war- bler, redstart, gray-cheeked thrush, and olive-backed thrush. Seven birds, including the black-poll warbler, the red-eyed vireo, and the gray-cheeked thrush, had eaten the insect. Since it has not yet been found practicable to protect forest trees by means of insecticides, such services as birds render among these pests ought to be appreciated. Plant-lice.—The fact that plant-lice are not selected by birds has been mentioned in the notes on the pea plant-louse. It was illus- trated in the case of a large plant-louse (Zachnus) that was noticed on an old willow in the hog-lot gully August 23, 1896. The tree was infested by so many of the insects that its limbs were more or less covered with the honeydew that exuded from their honey tubes, but none of the numerous birds of the neighborhood manifested the shghtest interest in the matter. Locust Leaf-mining Beetle —In the summer of 1895 a destructive out- break of the locust leaf-mining beetles (Odontota dorsalis) turned all the locusts of the farm as brown as if they had been scorched by fire, ruining the verdure of the river bluff. On July 30, 1895, when adult beetles were swarming on the locusts of the hog-lot gully, catbirds were observed to be spending a good deal of time amid the browned foliage. Thirteen were collected and nine were found to have eaten 30 ‘BIRDS OF A MARYLAND FARM. the destructive beetles. One bird contained no fewer than18. From 1896 to 1902, inclusive, the beetles did not again ruin the foliage, though they were present every year, and at times in early summer were so numerous that a scourge was feared. In 1896 the trees farther up the river, however, were turned brown, showing that the escape of those at Marshall Hall was not due to climatic conditions unfavorable to the insects; therefore it is possible that the birds were, at least to some extent, responsible for it. Forty-six birds from the following 21 species, taken during different years, had eaten the locust leaf-mining beetle: | List of birds whose stomachs contained locust leaf-mining beetles. Catbird. Red-eyed vireo. Great crested flycatcher. Chipping sparrow. Warbling vireo. Wood pewee. Field sparrow. Yellow warbler. Pheebe. Song sparrow. Orchard oriole. Yellow-billed cuckoo. Towhee. Baltimore oriole. Cedar bird. Cardinal. Scarlet tanager. Carolina wren. English sparrow. Kingbird. Junco. Moreover, when most of these birds were collected, the beetles were not numerous. All the common species, especially the arboreal feed- ers, ate them eagerly whenever they were to be had. CERTAIN DESTRUCTIVE INSECTS. Flea-beetles.— Reference has already been made to the injury done to melons by the flea-beetle (Systena elongata). Its congener, the pale- striped flea-beetle (Systena blanda—tig. 7) is also abundant on the farm and one or the other has been found harmful to corn, melons, and beans. Else- where they have attacked fruit trees and tomatoes. Fortunately, however, they appeared to form the natural beetle food of several ground-feeding spe- cies of birds and were sought for even when they were very scarce. They were seen in the stomachs of 28 birds, including the savanna, the grasshop- * per, the chipping, the song, the field, and the white- Fig. 7.—Pale-striped flea. throated sparrows, the crow, the crow blackbird, beetle (Sustena blanda) — the bobolink, the meadowlark, the house wren, and (after Chittenden; loaned by Division of the Maryland yellow-throat. Systena blanda was pas ean found on ragweed in a field of ripe standing wheat, June 16, 1898. Eleven chipping sparrows that had been flying into the field were shot. None had taken wheat and eight had fed on the beetles, destroying in all 73. The smallest number found in a single stomach was 5, the largest 14. INSECT FOOD. Rees _ Rose-chafer.—During the last week of May, 1896, the rose-chafer (fig. 8) was present in such numbers that 100 individuals were counted on one rosebush and three times that number on an adjacent blossom- Fig. 8.—Rose-chafer (after Riley; loaned by the Division of Entomology). ing elder. Of 62 birds collected during this outbreak, only 3—2 king- birds and a cardinal—had destroyed rose-chafers. This result was not expected, because May-flies and other tempting insects were not com- Jy ae L4 Fie. 9.—Kingbird. q “mon then, and because rose-chafers have no disagreeable secretions a those ah potato-beetles and the two diabroticas, but are relatives of the May-beetle and the dung- beetles, which are highly relished by oo BIRDS OF A MARYLAND FARM. many birds. The kingbirds (fig. 9) had, however, shown a great liking for rose-chafers, as these two, the only ones collected, had eaten 15 and 20 of the insects respectively. May-beetle.—May-beetles attract only the larger species; their hard shells offer too much resistance to small birds. During their season— May and June—292 bird stomachs were examined, but May-beetles. were found in only 16. These stomachs were from birds of the fol- lowing ten species: Brown thrasher, orchard oriole, phebe, catbird, gray-cheeked thrush, blue jay, crow, crow blackbird, screech owl, and broad-winged hawk. This record is far below a fair average, for at the time it was made the beetles were rare; moreover, the two famous beetle-eaters, the crow and the crow blackbird, were represented only by a single individual of each kind. Cutworms.—Similarly unfavorable conditions attended the destruc- tion of cutworms (fig. 14), though these insects are obtainable for a longer period and are edible for small as well as large birds. No seri- ous outbreak of this pest occurred. Had there been one, birds would have been found combating it, for all species that are in the slightest degree insectivorous and feed at all on the ground show a marked hiking for cutworms. Grasshoppers.— Grasshoppers (fig. 10) when abundant are to the bird what bread is to man. They were, however, comparatively rare at ee $391 Fie. 10.—Grasshopper (after Riley; loaned by Division of Entomology). Marshall Hall; therefore only 71 of the 645 native birds collected had eaten them, though most of these had made them the major part of their food. The list of species.eating them is as follows: List of birds examined whose stomachs contained grasshoppers. Bobwhite. Orchard oriole. Cardinal. Kingbird. Crow blackbird. — , Maryland yellow-throat. Great crested flycatcher. Savanna sparrow. Catbird. Blue jay. Grasshopper sparrow. Carolina wren. Common crow. Henslow sparrow. House wren. Cowbird. Chipping sparrow. Brown creeper. Red-winged blackbird. Field sparrow. Robin. Meadowlark. Song sparrow. Bluebird. Had grasshoppers been abundant the birds would undoubtedly have destroyed them in large numbers. Their scarcity may possibly be due to the abundance of birds at Marshall Hall. Ants.— Whenever temperature allowed any insects to occur in appre- ciable numbers, ants were abundant, and at times they were the most Bull. 17, Biological Survey, U. S. Dept. of Agriculture, PLATE VII. Fig. 1.—CALAMUS SWAMP, THE HAUNT OF SEVERAL MARSH- LOVING BIRDS. Fig. 2.—CALAMUS SWAMP IN WINTER, SHOWING HILL TENANTED BY BLUE JAYS, GREAT HORNED OWLS, RED-SHOULDERED HAWKS, AND RUFFED GROUSE. , Pe A a Bull. 17, Biological Survey, U. S. Dept of Agriculture. PLATE VIII. Fig. 1.—TOBACCO FIELD OF LOT 2, WHERE THE EFFECT OF BIRDS UPON AN UPRISING OF TOBACCO WoRMS WAS STUDIED. Fig. 2.—SWEET POTATOES AND PEAR ORCHARD, WHERE VARIOUS INVESTIGATIONS WERE MADE. INSECT FOOD. 33 conspicuous of allforms ofinsect life. Of the 645 native birds collected, 147 had fed on them. Woodpeckers, flycatchers, night-hawks, swal- lows, catbirds, and white-throated sparrows seemed to have the most liking for them. A large ant very frequently eaten is a black species, Camponotus pennsylvanicus, which during the warmer half of the year is very abundant on tree trunks. Its habits expose it to attack by several kinds of birds. The downy woodpecker was constantly making spirals around the trunks of trees at Marshall Hall in vigilant search for these insects. The catbird was seen feeding on them as they journeyed on the ground from tree to tree. These two birds probably destroy more than any other species, though the sapsucker also appears to relish them. ‘The smali species of ants are eaten much oftener than the larger ones, especially at their swarming time. For several days during the middle of April, 1899, great swarms of corn-louse ants (Lasius) were taking their marriage flight, and of the 55 birds collected then, mostly native sparrows, 23 had joined in the work of destroying them. This was a valuable service, for destruction of the corn-louse ant is the only effective means of combating the corn louse, which this ant protects and disseminates. Swallows, also, often attack the corn-louse ant. On July 8, 1898, six out of seven rough-winged swallows collected on the farm had fed on it and on little else, one bird containing 40 ants and another 50. At the same time kingbirds, house wrens, marsh wrens, yellow warblers, song sparrows, and chipping sparrows were making inroads on it, though it was much less numer- ous than during April, 1899. In the late afternoon of July 18, 1898, flying ants of the species Jlyrmica scabrinodes, which, as Prof. 8. A. Forbes has shown, injure corn both when it is sprouting and when it is in milk and also foster the corn louse, were so abundant over lots 1 and 2 that their gauzy wings in the level sun rays filled the air with shimmering rainbow colors. Bank swallows were circling among them, close to the ground, making a hearty supper. By crouching low one could see them catch the insects, sometimes within a few feet of one’shead. While the flock were feeding, four birds were collected. They had consumed practically nothing but ants and contained, all together, just 200. At this rate, 250 swallows—a fair estimate of the number present—would consume in a single afternoon 12,500 ants. Many other birds were feeding on them, including night-hawks, a single one of which has been known to eat 1,000 at a meal. A house wren, a yellow warbler, a chipping sparrow, and a pheebe, which were collected earlier, had all taken them, but three swifts collected after sunset had not. also a household pest, was swarming, and a number of birds were prey- ing on it. Ina newly mown timothy field near the cow barn a dozen 4222—No. 17—02 3 On August 5, 1898, Solenopsis molesta, an ant injurious to corn and 34 BIRDS OF A MARYLAND FARM. chipping sparrows hopped about, springing a foot or two into the air every few minutes to obtain a mouthful. Two strayed off by them- selves and made good subjects for observation. In twenty minutes they had eaten 21 ants. Song sparrows and English sparrows were feeding ina similar manner. A kingbird now and then left his station on an apple tree to snap up the prey, and bank swallows and barn swal- lows skimmed over the fields, gathering in large numbers. Undoubt- edly other species were also doing good service. The total number of native species engaged in the destruction of ants was 39 and included the following list: ; List of birds examined whose stomachs contained ants. Spotted sandpiper. Towhee. Worm-eating warbler. Downy woodpecker. Chat. Yellow warbler. Flicker. Canadian warbler. Magnolia warbler. Kingbird. Mockingbird. Black-poll warbler. Great’crested flycatcher. Catbird. Prairie warbler. Pheebe. House wren. Oven-bird. Wood pewee. Long-billed marsh wren. Water-thrush. Orchard oriole. Cardinal. Maryland yellow-throat. White-throated sparrow. Barn swallow. Brown creeper. | Chipping sparrow. Bank swallow. Carolina chickadee. Field sparrow. Rough-winged swallow. Blue-gray gnatcatcher. Junco. Red-eyed vireo. Gray-cheeked thrush. Song sparrow. White-eyed vireo. Olive-backed thrush. On August 3 there was a large flight of termites (7ermes flavipes), commonly known as white ants, pests that tunnel into woodwork. At the lower end of lot 3 fully 200 swallows, mainly bank swallows, with a few barn swallows and white-bellied swallows, were very busy among them. ‘Two birds of each of the first two species and three of the third were found to have eaten together 320. Weevils.—Sparrows, blackbirds, orioles, and meadowlarks appeared to be the worst enemies of weevils. The orchard oriole had a useful habit of feeding in plum orchards of the Hun- gerford farm on the plum curculio, which usu- ally ruins seven-eighths of the crop at Marshall Hall. A score of bobolinks feeding (May 17 and 18, 1899) in a wheat field that was just coming into milk were suspected of injuring the grain, and six were shot. None of them had eaten wheat, but all had fed chiefly on a very injurious weevil—the imbricated snout-beetle (Apicerus imbricatus). A dozen bobolinks were observed Fie.11.—Weevil (atterchit. (May 15, 1900) in plants of red clover securing tenden; loaned by Divis the clover-leaf weevil (Phytonomus punctatus). para ges be al These two weevils are also relished by blackbirds, meadowlarks, crows, catbirds, and other species. Bill bugs (Spheno- Tee - 3 j INSECT FOOD. 35 phorus parvulis) also are often taken, but the small clover weevil (Sitones hispidulus) is destroyed most frequently of all. The spar- rows and other terrestrial-feeding species and all the aerial feeders consume this little pest in great numbers. The rice weevil (Calandra oryza) was found in the stomachs of two marsh wrens collected in the wild rice of the swamp September 7, 1896, and the injurious cab- bage curculio (Ceutorhynchus rape) had been eaten by three rough- winged swallows taken July 9, 1898. Among other weevils destroyed by Marshall Hall birds may be mentioned Apion, Baris, Centrinus, Macrops, Tanymecus, and Tyloderma. The weevil-eating birds numbered 166 of the 645 collected, and were divided among the subjoined 44 species: List of birds examined whose stomachs contained weevils. Downy woodpecker. Henslow sparrow. Yellow warbler. Chimney swift. White-throated sparrow. Magnolia warbler. Great crested flycatcher. Chipping sparrow. Black-poll warbler. Wood pewee. Field sparrow. - Oven-bird. Blue jay. Junco. Water-thrush. Common crow. Song sparrow. Maryland yellow-throat. Bobolink. Towhee. Chat. Cowbird. Cardinal. Catbird. Red-winged blackbird. Barn swallow. House wren. Meadowlark. White-bellied swallow. Long-billed marsh wren. Orchard oriole. Bank swallow. Brown creeper. Rusty blackbird. Rough-winged swallow. Carolina chickadee. Crow blackbird. Red-eyed vireo. Gray-cheeked thrush. Savanna sparrow. Warbling vireo. Robin. Grasshopper sparrow. White-eyed vireo. It seems strange that so many birds should have eaten weevils, for the insects were never sufficiently abundant to be conspicuous, seldom, indeed, affording the collector a dozen specimens without diligent use of the sweep net. Moreover, they harmonize so admirably with their surroundings that birds do well to find them at all. Many aerial feeders, it is true, capture them on the wing, but a large number of eround-feeding species take them from the ground despite their pro- tective coloration. The inference is that birds find them dainty mor- sels, which pay for close seeking. Sucha relish is not easily explained, for weevils appear scarcely more edible than little stones; but it is a fortunate circumstance, for they are dangerous pests, not easily con- trolled by insecticides. Oak scale—An unexpected and somewhat suggestive habit dis- covered at Marshall Hall was the feeding of certain species on scale insects. Of the 22 vireos and arboreal warblers collected during the pine saw-fly invasion previously referred to, 10 had preyed on an oak scale (AKermes). This insect does not occur on fruit trees, but its destruction suggested desirable possibilities in cases where scales of 36 BIRDS OF A MARYLAND FARM. the orchard were present, notably in the case of the San José scale, which in many places has threatened to ruin certain horticultural interests. Unobtainable insects.—There are several insects that would probably be palatable to birds if their habits did not render them unobtainable. During the summer of 1898 a grain moth caused a loss of 50 percent of the corn in the crib. The only birds that entered the building were English sparrows, which prefer grain to insects, and therefore prob- ably did not destroy the larve. In 1900 tobacco was affected by a stalk-borer, the larva of a crambid moth, and in 1898 corn suffered severely from the corn stalk-borer (Dzatrea saccharalis), but the seclusive habits of these two larve prevented the possibility of their destruction by birds. Certain kinds of flies, though palatable, are too alert to be caught. This proved to be the case with house-flies, stable- flies, bluebottle blow-flies, and horse-flies, particularly the banded- winged form (Chrysops). ‘The last-mentioned flies were so numerous that they greatly annoyed both man and beast. The kingbird, the barn swallow, and the bank swallow frequently caught them, and in single instances Acadian flycatchers, catbirds, song sparrows, and chipping sparrows had eaten them. USEFUL INSECTS. In addition to injurious and neutral insects, certain species that are useful to man contribute to the food of birds. They consist. for the most part of various kinds of bees, and numerous species of wasps and beetles that prey on insect pests. Honey bee.—Birds are often accused of eating honey bees. The kingbird is most frequently mentioned in this complaint, and his nick- name of ‘bee bird’ or ‘bee martin’ attests the common belief about him. It 1s true that he is often guilty of the charge, but as he selects the worthless drones and does not molest the workers, his habit is not injurious to bee keepers. During 1895 and 1896 two hives of bees within 30 feet of two kingbirds’ nests were not meddled with at all. A good deal has been written about the destruction by birds of use- ful predaceous and parasitic insects that serve to keep insect pests in check, and the assertion has been made that even though birds feed on pests, they destroy so many of these useful species that they over- balance by this injury the good which they accomplish. Special attention was given to this subject. Whenever any useful insect ~ was abundant at Marshall Hall the relation of the birds to it was ~ particularly noted. Soldier-beetles.— W ith the exception of rose-chafers the useful soldier- 4 beetle (Chauliognathus pennsylvanicus) was the most conspicuous INSECT FOOD. ot species present May 28-30, 1896, after May-flies had become compara- tively scarce. The soldier-beetles were in the grass, on blossoms, on the foliage of bushes and trees, and in the air, yet of the 62 birds collected, representing 19 species, only 3, namely, 2 wood pewees and a pheebe, had eaten them. At other times (June, 1898 and 1899), when the beetles were abundant, more than a hundred birds, including nearly all the common species on the farm, were collected, and only a chat, 2 catbirds, and 2 kingbirds (June, 1898) had eaten them. Experiments with several kinds of caged birds have shown that the species is dis- tasteful, probably on account of its pungent and disagreeable flavor. Fireflies—Another useful predaceous beetle of the same family, having a similarly repulsive taste, is a firefly, Photinus. In June it sometimes, even during daylight, outnumbered the soldier-beetle, but it was never found in stomachs of Marshall Hall birds. _ Tiger-beetles—The useful tiger-beetle, a ferocious predatory insect, represented at Marshall Hall by several species, was never so numer- ous as the soldier-beetle or the firefly, but was often seen by the dozen, especially about the middle of April, in the sandy road along the bluff. It has no unpleasant flavor and must rely on its alertness to save it from enemies. When danger threatens, it springs into the air and flies swiftly away. Only the quickest birds have any chance of catch- ing it. A few birds, mainly swallows and flycatchers, secure it occa- sionally. Of the 645 birds examined only a phcebe, a kingbird, a great crested flycatcher, and a crow blackbird had eaten it. Ground-beetles.— With ground-beetles (Carabide, fig. 12), which as a class are regarded as predatory, the case was differ- ent. Most birds eat them, some species largely. Ground-beetles are numerous in spring, then be- come less conspicuous, but appear later in large numbers. Their period of greatest abundance in FY the five years was April 10-14, 1899, when, with y- pl the exception of ants, they were the most noticeable A | insects on the farm. The smaller kinds (Anzsodac- tylus agricola, A. rusticus, Casnonia, Amara, and a small Harpalus) predominated. Most of the birds Yaar eae collected then were sparrows, which had eaten very __ by Division of Ento- few of the beetles. At the same time the larve of — ™°8*” a large ground-beetle (Harpalus caliginosus) were fairly abundant, and 4 of the 8 robins collected had destroyed them. During mid- summer (especially 1898 and 1899) the large Carabide (//arpalus —_ caliginosus and H. pennsylvanicus) fairly swarmed after dark and were attracted to lights in hosts. They were seldom seen during the day, but crows, blackbirds, catbirds, meadowlarks, and others frequently extracted them from their hiding places. Three meadowlarks (August ee ee eee 138 BIRDS OF A MARYLAND FARM. 29, 1898) had made the bulk of their food of them. The genus is not exclusively carnivorous, for it has been known to feed on seeds of grasses and weeds, and recently (1900) has been discovered eating strawberry seeds to a harmful extent. One grower at Leechburg, Pa., lost on a quarter-acre patch $350 in three nights through their depredations.“ The nature of the injury has so far made remedial methods impracticable; consequently the predatory habit of birds is valuable in this case. There is an increasing tendency to doubt the utility of ground- beetles as a class. A European species (Zabrus gibbus) is a notorious grain pest, and an American species (Agonoderus pallipes) has recently been ascertained to feed sometimes on newly planted corn. Professor Forbes has shown that the food habits of ground-beetles vary with the structure of their jaws, species with sharp-curved jaws being carnivorous, while those with blunt jaws are decidedly vegetarian. Only a few—probably less than half a dozen—of the Marshall Hall birds examined had destroyed the more carnivorous species. It is probable, therefore, that birds do no appreciable harm in their rela- tion to ground-beetles, but may even do some good by reducing the numbers of such species as have vegetarian habits and occasionally become pests. The following is a list of the different ground-beetles found in the stomachs collected: Amara, Anisodactylus agricola, A. rusticus, Bembidium, Cratacanthus dubius, Chlenius estivus, Harpalus caliginosus, HH. pennsylvanicus, and several smaller species of Har- palus. ‘These had been eaten by 82 birds of the following 35 different species: List of birds examined whose stomachs contained ground-beetles. Woodcock. Rusty blackbird. Louisiana water-thrush. Spotted sandpiper. Crow blackbird. Maryland yellow-throat. Bobwhite. Savanna sparrow. Chat. Downy woodpecker. Grasshopper sparrow. Mockingbird. Flicker. Henslow sparrow. Catbird. Kingbird. White-throated sparrow. Brown thrasher. Great crested flycatcher. | Chipping sparrow. House wren. Pheebe. . Junco. Gray-cheeked thrush. Blue jay. Song sparrow. Olive-backed thrush. Crow. Towhee. Robin. Red-winged blackbird. Cardinal. Bluebird. Meadowlark. Water-thrush. Ladybirds.—The most useful of all beetles are the members of the family Coccinellide, commonly known as ladybirds, which with their larvee are voracious feeders on insect pests. Only three of the Mar- shall Hall birds—a long-billed marsh wren, a song sparrow, and an English sparrow—were found to have destroyed these valuable insects. ¢Bull. Cornell Univ. Agric. Expt. Sta., p. 150, 1901. INSECT FOOD. 39 The particular species eaten was in each case //ippodamia maculata. It was not noticeably abundant at the time it was taken, but during August, 1896, it was the most conspicuous insect on the farm. Then, however, it was not molested. Ladybirds of another species ( Cocc7- nella 9-notata) werevery numerous when the pea plant-louse was mak- ing havoc, and appeared on every pea vine greedily devouring the plant-lice. It was, fortunately, quite free from attack by birds. Indeed, ladybirds appear to be distasteful to birds. I have offered them to a dozen different caged birds, and they have always been refused. Flies.—Beneficial diptera, such as the predatory robber-flies and the parasitic tachinid and syrphid flies, are too alert to be caught by any birds except flycatchers and swallows, and even these secure them rarely. During June and July, when robber-flies were plentiful, birds were not found disturbing them. Syrphid flies were so numer- ous during the last of August, 1899, that several would alight on my camera whenever it was set down, but a score of birds collected then had not made use of them as food. Bees” and wasps.—The most abundant and conspicuous of the useful insects are bees and the flower-fertilizing species of wasps. Of the 645 native birds collected only 31, representing 20 species, had eaten bees. It is interesting to note that the offenders were largely either warblers or aerial feeders. The list is appended: List of birds examined whose stomachs contained bees and wasps. Chimney swiit. Song sparrow. Yellow warbler. Ruby-throated humming- Scarlet tanager. Black-poll warbler. bird. Purple martin. Water-thrush. Kingbird. White-bellied swallow. Maryland yellow-throat. Rusty blackbird. Bank swallow. Canadian warbler. Henslow sparrow. Rough-winged swallow. Catbird. Chipping sparrow. Red-eyed vireo. Carolina chickadee. Practically all the bees eaten were small species of the family _ Andrenide, mainly Andrena and J//alictus, the larger species are seldom taken. During May, 1900, bumblebees and carpenter bees con- gregated in such numbers around locust trees white with grape-like clusters that from sunrise to sunset a deep, continued hum arose as from a hive; and when fruit trees were in blossom bees swarmed about them also: but in both cases observation failed to discover any con- sumption of the insects by birds. Blossoming persimmon trees alive with bees were watched for several hours, but only one bird, a hum- mingbird, visited them. ; No arculate wasps, except certain species of the family Scoliide, become food for birds; indeed, less than half a dozen of all the birds 4Exclusive of the honey bee, which is considered separately (see p. 36). | | | wwe 40 BIRDS OF A MARYLAND FARM. Pompilus, Pelopwus, Monobia, and Ammophila, were collectively abundant on frequent occasions, but so far as observation went no birds preyed on them. That birds feed extensively on parasitic wasps is indisputable; but the harm thus done is less than might be supposed, for the usefulness i of such wasps is in inverse ratio to their size, and birds seldom select i the smallest forms, such as Braconide and Chalcidide. Ninety-seven | collected had taken these species. Others, such as Vespa, Polistes, i of the Marshall Hall birds, representing the following 36 species, had | eaten parasitic Hymenoptera. | List of birds examined whose stomachs contained parasitic wasps. i Bobwhite Baltimore oriole. Warbling vireo. I) Downy woodpecker Grasshopper sparrow. White-eyed vireo. ,Chimney swift. Chipping sparrow. Yellow warbler. | Kingbird. Field sparrow. Magnolia warbler. | Great crested flycatcher Song sparrow. Black-poll warbler. Pheebe. Scarlet tanager. Louisiana water-thrush. ae Wood pewee. Summer tanager. Maryland yellow-throat. | i Blue jay. Purple martin. Chat. : | Bobolink. Barn swallow. Redstart. ; | Red-winged blackbird. White-bellied swallow. Catbird. {| Meadowlark. Bank swallow. Long-billed marsh wren. i Orchard oriole. Red-eyed vireo. Olive-backed thrush. j In this mischief the flycatchers are py all means the greatest offenders, the swallows next, and, less generally but still noticeably, the warblers next. Of all the flycatchers the wood pewee appeared to be the most active and per- sistent in this destruction. Parasitic wasps are not usu- ally so alert and swift as many other insects; there- fore they are easy victims. Most of the class are ichneu- mon flies (Ichneumonide— fie. 13). Somewhat more than a fifth of the birds that | had taken parasitic wasps, , however, had fed on a cer tain black wasp, Ziphiainor- | | | x keds A Chae teria eee aie ae nata, Which is a vigorous Fic. 13.—Ichneumon fiy (after Howard; loaned by enemy ot the larva of the Division of Entomology). cs May-beetle. These wasps © i . : . . og = are so common in May and June that it is not unnatural that a — | good many should fall prey to birds. The only other noticeably abundant parasitic Hymenoptera were some very large braconids =: INSECT FOOD. | 4l (Melanobracon), of which at any time during the first part of September, 1896, a dozen could have been collected within a few minutes. Field sparrows and probably other birds consumed them freely, though as a rule parasitic Hymenoptera are eaten only in small numbers. Many of these useful species appear too late in the season to..be of much effect. An attempt was made to measure the evil effects of their destruction by observing how far they were parasitizing abundant insect pests, but conditions were unfavorable and adequate results were not obtained. The white grub of the May-beetle was not present in numbers sufficient to furnish evidence. The tobacco worm was par- . asitized by braconids to some extent, but even at the time of greatest activity (August, 1898) only one-tenth of 1 percent of the worms were attacked. The question, then, of the degree to which birds offend by preying on these Hymenoptera remains, so far as Marshall Hall is concerned, a doubtful one, especially since most of the species destroyed are not known to be effective parasites. SUMMARY. Considering the insect food of the 645 native birds collectively, we find that the birds were most insectivorous in May, when somewhat more than 90 percent of their food was insects, and that naturally they took the fewest insects in the coldest weather. During the blizzard of February, 1900, however, insects constituted 12 percent of the diet of the 37 birds collected. Throughout the entire time of observation insects and their allies, including a small percentage of spiders and other invertebrates, amounted to 60.41 percent of the total volume of food. They are distributed as follows: Proportion of insects and their allies in food of birds examined. Percent. VAIS, STS i aS a aan ven a eR a 17 SWS 2c ke 2 othe {Oe SRS = eae eatin BAP Pr Pean ee eee age Seta ea ee 3. 63 WHEREIS occ 5 ol See ee epee pk Aa a gL 6.51 Prana oOpnerkl ymienoptera:...22...-.-2l2o2..8s25.0 elke 9. 64 Caterpillars, with a few adult Lepidoptera -_..........---.----- 7.80 Crasehoopersand a few crickets ..-- 2.2522. 2222+ )-eee+h. 22's 4.11 IOOUIER oc and So Ree eee gy ee 18. 62 JV SSG 2 TS SiOT TS TU CESI ECG ES ee ee ene ne 3. 12 STDEGSTNS) Ste Sk Ble eg a a 4.48 Miscellaneous invertebrates, mainly crustacea, snails, and myria- FOTO Sites Bs hel ee Sak BUR Ue 8 NOR cea oe ea 83 VOTE oc eh ig eae eae este en eee a 60. 41 The bugs consisted both of Heteroptera and Homoptera. The Heteroptera included such forms as Podisus, Huschistus, Trichopepla semivittata, Sinea diadema, Thyanta custator, Hymenarcys nervosa, Metapodius femoratus, Nezara hilaris, Corizus, Coriscus, Corimelena, Prionidus, Alydus pilosulus, and Alydus eurinus. The Homoptera 42, BIRDS OF A MARYLAND FARM. included leaf-hoppers, scale insects, and an occasional plant-louse and giant water-bug. Of the Hymenoptera the insignificant proportion of 1.89 percent consisted of parasitic wasps, while the remainder was almost entirely ants. The Lepidoptera were very nearly all caterpil- lars, though moths were occasionally eaten. The caterpillars com- prised the smooth forms, oftenest cutworms (fig. 14) and others of the family Noctuide, together with some Geometride and occa- sionally an arctiid or a sphingid. The grasshoppers were long- horned grasshoppers (Locustide) and short-horned grasshoppers (Acrididee), the latter consisting of such forms as //ippiscus, Melano- plus atlanis, Melanoplus femur- rubrum, and Dissosteira carolina, the former largely of such meadow grasshoppers as Atphidium and Scudderia, with an _ occasional katydid. Beetles formed twice as large an element of food as any other order of insects. Ground- beetles (Carabidee), generally considered useful, formed 2.10 percent of the food;. injurious species, largely weevils (Rhynchophora) and leaf- beetles (Chrysomelide), and, to a smaller extent, lamellicorn and longi- corn beetles, leaf-chafers, click-beetles, and metallic wood-borers (Buprestide), amounted to 13.25 percent; while miscellaneous beetles, largely dung-beetles of the genera Aphodius (fig. 15), Atendus, and Onthophagus, and beetles of a number of other families, such as the Anthicide, Bruchide, Byrrhide, Histeride, Staphy- linidee, and Tenebrionide, completed the remaining 3.27 percent of the beetle food. The spiders were largely the ground- spiders of the family Lycoside. Spiders are said to do about as much good ‘as harm, and are usually regarded as of no economic importance. ~ ak Beneficial insects (predaceous beetles Fic. 15.—Dung-beetle (Aphodius) (after and parasitic wasps) formed 3.97 per- Prete: ee cent of the food, while injurious insects, principally caterpillars, grasshoppers, and harmful beetles, amounted to 26.80 percent. It will be remembered, however, that what has already been said about the destruction of useful species shows that but a small fraction of the percentage of these insects should really be counted against the birds. Fic. 14.—Cutworm and moth (after Howard; loaned by Division of Entomology). 9 oR a ie a pean, ea Seton j i FOOD OF NESTLINGS. FOOD OF NESTLINGS. The largest consumption of insects is to be credited, not to adult birds, but to young ones in the nest. All land birds at Marshall Hall except birds of prey and doves, whatever be their own diet, feed their young chiefly on insects from the time they are hatched until they leave the nest. Many species rear every season two or three broods of from 3 to 5 each, and so voracious are these wide-mouthed youngsters that the parents can supply their wants only by unremit- ting efforts. Meals often begin before sunrise and continue till after sunset, frequently occurring every two minutes. At first nestlings take considerably more than their own weight of food in a day, and they increase in weight daily from 20 to 50 percent. The number of insects required to supply a season’s host of nestlings must be almost incalculable. Work of other investigators.—One can best study the food of young birds by field observations. Such studies have been pursued by Mrs. Wheelock,” Dr. Francis H. Herrick,’ and Prof. Clarence M. Weed.¢ Professor Weed’s bulletin on the feeding habits of nestling chipping sparrows has already been cited at length in Bulletin 15 of the Biological Survey. Dr. Herrick found young cedar birds fed by their parents on grasshoppers, cicadas, chokecherries, raspberries, and blueberries. A brood of red-eyed vireos were given blackberries, red raspberries, bugs, beetles, larve, katydids, and grasshoppers. Nestling catbirds were nourished with red cherries, strawberries, larvee, moth millers, beetles, and dragon-flies (4schna heros and Libel- lula pulchella). Young bluebirds were fed robber-flies (Asz/us), larvee, crickets, grasshoppers, and katydids. Mrs. Wheelock states that she observed nestling red-headed woodpeckers eating black beetles; that marsh wrens bring May-beetles to their broods; that young robins are fed moths and dragon-flies, and that crows give frogs and nestling _ birds (English sparrows, song sparrows, and meadowlarks) to their young. | Methods of investigation—Mrs. Wheelock’s excellent results were _ obtained in the field by observing the nests 77 s¢tw, and Dr. Herrick’s by cutting the nests down and placing them in a favorable situation for observation. Both of these methods have been employed at Marshall ulars in studying her subjects. These were used at Marshall Hall with the best success in the case of very active shy birds or those in shadow. A Zeiss monocular 12-power’ was tried, but was found to be useless unless there was an abundance of strong sunlight, and 2 aNestlings of Forest and Marsh, 1902. b’Home Life of Wild Birds, 1901. | eBull. 55, N. H. Agr. Expt. Sta., 1898. Hall. The choice of glasses is important. Mrs. Wheelock used binoc- 44 BIRDS OF A MARYLAND FARM. under any circumstances not so desirable as had been anticipated. A 2-inch telescope with a single draw tube proved much more service- able. Working with it, however, is very slow and arduous on account of its limited field and the difficulty of changing the focus quickly. Grasshopper Sparrow.—The difficulties encountered in the use of the telescope in field work may be well shown by a somewhat detailed account of its use in the following instance: On July 9, 1898, a grasshopper sparrow’s nest containing four naked young birds was found in a bunch of rabbit-foot clover in a timothy field of lot 1, several rods from the cow barn. The male parent was poised on a weed stalk at no great distance, rattling out his dry ditty, never once stopping to help the mother bird, which was making frequent jour- neys for food. The latter, on seeing me, perched on a dead muilein stalk 20 to 30 feet away, instead of carrying to her little ones the mouthful she held. The telescope was immediately focused. It enlarged the mother bird so much that she appeared to be peering in at the end of the instrument. The object in her bill was seen to be of a delicate green color, but before further observation could be made she flew to the top of a blagkberry bush. Here, by fragmentary glimpses, during which it was necessary to change the focus several times, a narrow wing cover and a long, slim leg were discerned, which showed that the insect belonged to the order Orthoptera (grasshop- pers, crickets, etc.). The bird next returned to her perch on the mul- lein stalk, where she remained long enough to enable the telescope to reveal, projecting from the beak on the side opposite the leg and wing, two filiform antenne which exceeded the body in length and furnished the necessary clew to the insect’s identity as a meadow grasshopper. Further observations were made, with the same interruptions and demands upon the patience. In the next two trips she brought the same insects. She next came with a cutworm, then with a chrysalis,: and later with two short-horned grasshoppers (J/elanoplus and Disso- terra). ‘The meagerness of these results, considering the time required for obtaining the information, was due to the restless uneasiness of the grasshopper sparrow and the location of the nest in an open field where no cover for the observer was available to reduce the bird’s apprehension. Observation of a house wren (see p. 45) was conducted under more favorable conditions and was much more satisfactory. No nestling grasshopper sparrows were collected at Marshall Hall, but 14 from other localities have been examined, and diagrams that were made of their food and of that of 10 adults taken at the same time show the great importance of insects in the food of nestlings.“ Orchard Oriole—A few observations were made of a brood of well- feathered orchard orioles in a black-walnut tree near the negro cabin, «These diagrams were published in an article entitled The Food of Nestling Birds, which appeared in the Yearbook of the Dept. of Agriculture for 1900. ae - ae Meare iy ge A es ae oS FOOD OF NESTLINGS. 45 July 18, 1898. The male parent, a bird in greenish plumage, did not help to provide for the young, but appeared to think that his sole duty consisted in coming to the tree occasionally and singing. The mother worked incessantly. It was difficult to identify what she brought, because she was so shy and remained at the nest so brief atime. I had to stand close to the tree and focus the glass on her when she was nervously hopping from branch to branch. Working under these difficulties I was able to identify but 2 caterpillars, 3 May-flies, 2 short- horned grasshoppers, and 3 meadow grasshoppers. House Wren.—The most satisfactory and continued observations were made June 17, 1899, of some young house wrens that were about three-fourths grown. In this case it was found desirable to remove the nest, which was in a cavity in a locust tree, transfer it to a baking- powder can, and nail the can to the trunk of the tree about 4 feet from the ground. The following is a detailed account of the feeding: Feeding of a brood of house wrens. A. M. A. M. 5.55. Green caterpillar (Heliothis dipsa- | 8.24. May-fly. ceus). 8.29. Brown orthopterous insect. 5.56. May-fly. 8.30. Heliothis dipsaceus. 6.00. May-fly. 8 35. Undetermined. 6.02. Undetermined. 8.38. Caterpillar. 6.05. Heliothis dipsaceus. 8.413. May-fly. (Observations suspended till 7.20a.m.) | 8.43. May-fly. 7.21. Undetermined. | 8.45. Brown caterpillar (cutworm?). 7.23. May-fly. 8.46. Heliothis dipsaceus. (Observations suspended till 7.45 a.m.) | 8.47. Undetermined insect. 7.46. Harvestman (Phalangide). | 8.48. Undetermined insect. 7.47. May-fly. 8.49. Undetermined insect. 7.48. Undetermined insect. 8.50. Undetermined insect. 7.49. Unrdetermined. | 8.523. Cutworm (?). 7.51. Undetermined. 8.55. Heliothis dipsaceus. 7.55. Undetermined. | 8.56. Undetermined insect. 7.56. Undetermined. 8.59. Pentatomid bug (Nezara?). 7.57. Undetermined. 9.03. Cutworm (?). 7.0973. Undetermined. | 9.05. Cutworm. 8.004. Undetermined. 9.10. Caterpillar (Acronycta oblinita). 8.01. Undetermined. 9.13. Brown soldier bug. 8.03. Undetermined. 9.17. Green caterpillar (noctuid). 8.033. Undetermined. 9.20. White grub. 8.06. Heliothis dipsaceus. 9.25. Clay-colored grasshopper. 8.08. Undetermined insect. 9.253. Grasshopper. 8.11. Undetermined insect. 9.30. Undetermined insect. 8.134. Brown caterpillar. 9.37. (Two cabbage worms placed on 8.16. Undetermined insect. edge of tin can.) 8.18. Undetermined insect. 9.38. Acronycta oblinita. 8.20. Undetermined insect. 9.39. Heliothis dipsaceus. (Refused cab- 8.22. Undetermined insect. bage worm. ) 8.23. Two May-flies. 9.393. May-fly. 4 | | | . 46 BIRDS OF A MARYLAND FARM. Feeding of a brood of house wrens—Continued. A.M. A. M. 9.45. Grasshopper. 11.02. May-fly. 9.46. Cutworm. 11.025. May-fly. 9.50. Grasshopper (Melanoplus). 11.15. Green caterpillar. 9.52. Saw-fly larva (?). 11.20. Miller (noctuid). 9.54. Miller (noctuid). 11.21. Black chrysalis. 9.55. Heliothis dipsaceus. 11.22. Saw-fly larva (?). 9.57. Heliothis dipsaceus. 11.25. Spider. 10.00. Spider. 11.26. Grasshopper (Melanoplus). 10.01. Heliothis dipsaceus. 11.30. Heliothis dipsaceus. : 10.05. Black chrysalis. 11.303. May-fly. 10.08. Cutworm. 11.32. Spider. 10.15. Spider. 11.34. Grasshopper (Melanoplus). 10.16. Caterpillar. 11.343. Saw-fly larva (?). 10.20. May-fly. 11.36. Acronycta oblinita. 10.23. Spider. 11.393. May-fly. 10.26. Ciay-colored grasshopper. 11.47. Cutworm. 10.29. Clay-colored grasshoppernymph. | 11.48. May-fly. 10.30. Acronycta oblinita. 11.50. Cutworm. 10.35. Green caterpillar. 11.51. Heliothis dipsaceus (2). 10.38. Heliothis dipsaceus. 11.59. Heliothis dipsaceus. 10.41. Heliothis dipsaceus. P.M. 10.46. Clay-colored grasshopper. 12.02. Heliothis dipsaceus. 10.48. Spider. 12.06. Spider. 10.50. Miller (noctuid). 12.07. Heliothis dipsaceus. 10.52. Clay-coloredgrasshoppernymph. | 12.09. Cutworm. 10.54. Miller (noctuid). 12.146, Spider: The mother wren thus made 110 visits to her little ones in four nours and thirty-seven minutes, and fed them 111 insects and spiders. Among these were identified 1 white grub, 1 soldier bug, 3 millers (Noctuidee), 9 spiders, 9 grasshoppers, 15 May-flies, and 34 caterpil- lars. On the following day similar observations were made from 9.35 a.m. till 12.40 p. m., and in the three hours and five minutes the young were fed 67 times. Spiders were identified in 4 instances, grasshop- pers in 5, May-flies in 17, and caterpillars in 20. Previous to the observation of this brood of wrens a collection of adult and nestling wrens was made. Their food is shown in diagrams (PE DX fies). Barn Swallow.—The food of seven nestling barn swallows (fig. 16) collected June 17, 1899, consisted of beetles (Onthophagus pennsyl- vanicus, Aphodius inquinatus, Agrilus sp., and Rhynchophora), para- sitic wasps (Chalets sp., Ichneumonide and 7?phia inornata) and flies (Leptide, Chrysops sp., Lucilia cesar and other Muscide), bugs (Capside), May-fiies, and snails. The vertebre of some small fish, which may have been taken to aid the gizzard in digesting the food, were also found in the stomachs. Bank Swallow.—An examination was made of the stomachs of 83 ~ 1 young bank swallows collected a few miles above Marshall Hall from ee FOOD OF NESTLINGS. AV -acolony in the face of the river bluff. They were probably the prog- eny of the swallows that frequently circled over the farm. The food of the nestlings and that of adults collected during the nesting season } is shown in diagrams (Pl. IX, fig. 2). ; Purple martins, which came from a colony of somewhat more than | a dozen pairs nesting in boxes on poles at Bryan’s Point, a mile above the house, were often seen circling about the farm. On June 28, 1902, I visited the colony and found the parent birds feeding the young sol- dier bugs, ants, fig-eaters (Allorhina nitida), and dragon-flies (Libellula and Agrionide). Fie. 16.—Barn swallow. Three young. downy woodpeckers which were collected May 28, 1896, had fed principally on ants, but had also eaten spiders, ground beetles, and caterpillars. Catbird.—The difference between the food of adults and young belonging to a highly frugivorous species is well wlustrated in the _ ease of the catbird, and is shown in diagrams (PI. LX, fig. 3), which | were made principally from results obtained at Marshall Hall. Crow and Crow Blackbird.—Such granivorous birds as crows and crow blackbirds feed their young mainly insects. Sufficient material ; —— 48 BIRDS OF A MARYLAND FARM. to illustrate this habit was not available at Marshall Hall, but the diagrams here given (figs. 17 and 18), based on results obtained elsewhere,” will serve to show it. By the time the young are ready to leave the nest, however, they are fed to a large extent on either grain or fruit, according to locality. In the Middle West they take grain and in the East generally fruit. Both crows and crow black- 7DAYS OR LESS 17T02 WEEKS OLD SWEEKS AND OLDER Fig. 17.—Diagram showing proportions of food of American crow ( Corvus americanus), youngand adult. birds do great service by feeding to their young not only cutworms and grasshoppers, but also large numbers of weevils and May-beetles. GENERAL REMARKS. Consumption of caterpillars and grasshoppers is the largest benefit derived from the presence of nestlings on the farm. The parent birds «Most of the stomachs of young and adult crows used in the investigation on which the results shown in the diagram are based were obtained at Sandy Spring, Md.; and most of those cf young and adult crow blackbirds came from Onaga, Kans. Bull. 17, Biological Survey, U. S. Dept. of Agriculture. PLATE IX. NESTLING. Fic. 1.—House WREN. ADULT. [1, Cutworm ; 2, spider : 3, stink-bug ; 4, May-fly ; 5, weevil; 6, grasshopper. ] NESTLING. Fic. 2.—BANK SWALLOw. ADULT. [{1, Weevil; 2, ichneumon. fly ; 3, winged ant; 4, fly; 5, dragon-fly ; 6, stink-bug.] NESTLING. Fic. 3.—CATBIRD. ADULT. [1, Ground-beetle; 2, cutworm; 3, ant; 4, grasshopper; 5, spider. ] FooD OF NESTLINGS AND ADULTS OF THREE COMMON BIRDS. [The diagrams show the proportions of the various orders of insects in the food, each order | being represented by the insect belonging to it that is most commonly eaten by the bird whose food is shown. (In the case of the Hymenoptera a division is sometimes made between the | parasitic members of the order, which are very useful, and those that are neutral or injurious. The figures of insects are reduced from cuts kindly loaned by Dr. L. O. Howard.) ] 5 = = a = e , . c u ne 2 a = MN = _ s = ss 7 ™ ri x 2 ¢ ~ ~~ = Y i : fe ie 0 — 7 — == By 3 2 B ie 5 " _ - F = | s 7 Ss —_@ —— ce ae ee Cie’, a * : + ie 3 “4 Did i \ i" \ - we pay J z t 4 ’ . - Bull. 17, Biological Survey, U. S. Dept. of Agticulture. PLATE X. i =» ' OO NS HME TON er AP RA th ye ne ae “nel w* Fig. 1.—RED-TAILED HAWK. Fig. 2.—SHORT-EARED OWL. lO ye a “Co agcng LE ALE A ET LE ay I TE A BE ety We FOOD OF NESTLINGS. | 49 hunt out these insects when they are not abundant ana even when they arerare. At the time of the foregoing observations of orchard orioles, house wrens, and grasshopper sparrows, caterpillars and grasshoppers “were comparatively scarce; yet the parent birds, though they chose insects for their own eating from more abundant species, hunted far and wide for these rare ones to feed their young. At Marshall Hall ORTHOPTERA HALF GROWN CRAYFISH SNAILS © NEARLY FLEDGED _ Fig. 18.—Diagram showing proportions of food of crow blackbird (Quiscalus quiscula eneus), young and adult. _ the protection and encouragement of birds at nesting time is of prime importance. Adults of the most numerous species on the farm are | either highly frugivorous or highly granivorous, hence the insectiv- | orous habits of nestlings help considerably to establish the beneficent | relation of birds to the farm economy. 7222-—No. 17—02-——4 50 BIRDS OF A MARYLAND FARM. III.—VERTEBRATE FOOD. POULTRY AND GAME. Crows.—Certain species of the larger birds were found to take ver- tebrate food. Crows and some of the hawks and owls destroyed useful small birds and also game and poultry. On the Hungerford farm crows were observed killing newly-hatched turkeys, and on the Bryan farm they were not uncommonly seen carrying off little chickens. The most serious offense against the poultry interest, however, was the habitual stealing of eggs. During April, 1900, a crow came every day and robbed a hen’s nest in the side of a hayrick at a little distance from buildings. Often he would be seen waiting on a fence near by until the hen announced that the egg had been laid, when he would dash down and make off with his booty. Such depredations could be avoided by furnishing the hens with such facilities that they would no — ‘longer lay in exposed situations. As it is, incessant war upon the crow is necessary to prevent heavy loss to poultry on this farm. Game birds also suffer. On May 15,1900, a crow was caught on the forested slope beyond the swamp (PI. VII, fig. 2) in the act of pillaging the nest of a ruffed grouse. Crows also despoiled the nest of a bobwhite, a species which probably suffers oftener than the ruffed grouse. Eagle.—The bald eagles that are frequently seen at Marshall Hall do not disdain to pick up a little game nowand then. Early in March, 1897, a crippled scaup duck was seen in the river a hundred yards from the house chased by an eagle and diving every time its pursuer swooped down on it. When the quarry was almost tired out the eagle was shot, and fell into the river with a broken wing, but it had suffi- cient strength left to lacerate a pointer that attempted to retrieve it. On November 15, 1900, an eagle was seen flying over the house gripping in its talons a live coot, which turned its head rapidly from side to side in its struggles to escape. During the hunting season eagles get a good part of their food by picking up wounded ducks. They also prey on domesticated ducks. In the first week of August, 1896, they carried off several ducklings that went down to the swamp. The royal brigands relish chicken, and in the nest of one pair that came to the farm was the carcass of a recently kdled Plymouth Rock hen. Cooper Hawk.—With the exception of the English sparrow, the Cooper hawk (fig. 19) probably does the least good and the most harm of all the birds of the farm, for it subsists almost entirely on wild birds and poultry. It very frequently steals little chickens, and con- stantly preys on the bobwhite and useful insectivorous or seed-eating small birds. During November, 1900, the bobwhites were so perse- cuted that they were seldom found far from cover. In one instance a ~ hawk was seen to swoop to the ground and rise with a victim, the VERTEBRATE FOOD. 51 identity of which was afterwards made sure by the discovery of the feathers of a cock bobwhite on the spot where the hawk had struck. Sharpshinned Hawk.—The sharpshinned hawk, congener of the Cooper hawk, is also a harmful species. It was frequently observed pursuing native sparrows, and on November 15, 1900, was seen tearing a mockingbird to pieces. The smaller birds suffer most in autumn. On the 15th of November, 1899, I was observing a score of cardinals, juncos, white-throated sparrows, fox sparrows, and song sparrows \\ \ \ RNG c Nie My Ly, (in, A SS Up, f < "i [ 0 MA q V3 12 SEU, 7 } é. Ly x via fi WS | ns z G Uy, Fic. 19.—Cooper hawk. that were eating ragweed seed in wheat stubble by the negro cabin. Suddenly the whole flock sprang into the air and flew straight toward me and into the bushes behind me, twittering with fright. Their swiftness just saved them from a sharpshinned hawk, which swooped and struck the ground where they had been feeding. It was two hours before they dared to leave their shelter and feed again on weed seeds of the stubble-field. These two species of hawks patrol the farm 52 BIRDS OF A MARYLAND FARM. so vigilantly in autumn and winter that birds which eat weed seed are kept in constant terror, and are unable to do all the good they might accomplish were it not for their tireless enemies. Owing to the depredations of these two hawks, all hawks without distinction have been relentlessly persecuted by man, although very few are actually detrimental to agriculture. Great Horned Owl.—Only one of the several species of owls oecur- ring at Marshall Hall is harmful, namely, the great horned owl (fig. 20). CESS ery ae eee ear) t (i i aly WW) 3 Fic. 20.—Great horned owl. bees act wtih ait Rew ea» apt. Aart hy Co! a It occasionally makes inroads on poultry that is not housed. In | December, 1897, a great horned owl carried off a full-grown hen from ~ her roost ina tree beside the negro cabin, and on five of the first ten nights of May one came and took hens from the cedar trees behind the house. On the night of the sixth visit a steel trap baited with a hen’ secured the robber. A year seldom passes without losses from this fierce and powerful bird of prey. VERTEBRATE FOOD. 53 FISH. Several species of birds on the farm are known to feed on fish, but they are so few in number and take food fishes so seldom that as far ' as has been learned they cause no material injury to fishing interests, which at this point on the river are of considerable importance. A ) pair of kingfishers were often seen fishing along the shore in front of the Bryan house (PI. III, fig. 2), and five nestlings taken from the bluff on the Hungerford place had been fed wholly on fish. Herons, includ- ing the night heron, the green heron, and the great blue heron, were frequently seen wading in shallow water, spearing fish with their long, pointed beaks. Two green herons that were collected had eaten sil- versides (Menidia notata) and mummichogs (/undulus heteroclitus). Ducks, particularly the mergansers, feed to some extent on fish. Two hooded mergansers, collected November 15, 1900, had eaten respect- ively 12 and 20 tiny fish. Gulls are decidedly more piscivorous than ducks. During November the herring gull and the ring-billed gull fished by the dozen out in the river between the farmhouse and Mount Vernon (see Pl. I, frontispiece fig. 2). In the same place the osprey was once in a while seen plunging after his prey. The bald eagle was observed catching fish, but more often it feeds on those that it finds dead. , CARRION. Some birds, notably eagles, crows, and buzzards, feed at times _. largely on dead fish. Eagles may be seen along the river scanning the shore for those cast up by the tide. May 19, 1899; an eagle flying over the farm dropped an eel 26 inches long that had evidently been taken as carrion. Gulls, also, undoubtedly pick up a good deal of — such food. Crows and buzzards are valuable scavengers of dead fish cast up at low tide during the last of April and the first of May, when the fishing season is at its height. These fish are small, principally sun-fish, white perch, and shad, that were fatally injured by nets. Observations on May 5, 1901, showed the whole river front of the farm strewn with decaying fish, which gave out such a stench that one could not sit comfortably within several hundred yards of the beach. Some 40 buzzards were feeding on the carrion all day. On close inspection they were seen to be selecting that which was most badly _, decomposed. Crows in almost as large numbers and several crow blackbirds were also feeding, but they commonly took that which was less decayed. Several crows came repeatedly to the shore of lot 1, picked up fish, and carried them to their nests in the woods. By _ abating this nuisance crows and buzzards do a service that is appre- _ ciated by the occupants of the farmhouse. Buzzards are also useful in removing other carrion. Stock that dies on the farm is never buried, but is left for them. November 16, | i | ee ae ce ——— ee eer ie LS EE OE " : | 54 BIRDS OF A MARYLAND FARM. 1899, some notes were made on the manner in which a carcass was disposed of. On the edge of lot 1, near the mouth of Persimmon Branch, lay a horse that had died two weeks before. Fully 30 buz- zards closely attended it, and some were to be found at work on it at any hour of the day, while the others, tired of gorging, sat around on a rail fence, stretching their wings and preening. At night they all roosted together in oak trees within a hundred yards of the horse, as if they wished to keep near the food. A year later another horse was given over to the buzzards. The buzzards did not in either case tear open the skin to expose the large muscles, but if the weather had been hot they might have eaten these as well as viscera. Crows are seldom known to feed on dead stock, but during the March blizzard of 1898 they were almost starved, and resorted with buzzards to a dead cow. Buzzards dispose of the entrails and other refuse of pigs, fish, and chickens, which are thrown to them in a certain place where they have learned to expect it. MAMMALS. Mice.—The crow and several other birds of the farm-do some good by destroying injurious mammals. In the vicinity of the storage barn a loggerhead shrike was often to be seen. Here it impaled its prey on thorns of the osage orange hedge and on the barbs of a wire fence. In one instance a house mouse was found spitted onthe fence. If extended observations could have been made it is probable that mice would often have been found in the larder of this useful little shrike. The crow takes mice at every opportunity. On February 21, 1900, signs of its work appeared near the runways of meadow mice in a wheat-stubble patch of lot 5, in the form of crow tracks in the light snow, holes pecked in the earth, and at one place spatters of blood and tufts of mouse hair. Hawks .feed habitually on these mice. In January, 1898, when there were several inches of snow on the ground, a red- tailed hawk (Pl. X, fig. 1) shot in the road by the negro cabin held in its talons the warm body of a meadow mouse. November 15, 1900, a marsh hawk skimming over lot 2 suddenly dived into the brown broom- sedge. As it rose it was killed and a meadow mouse dropped from its clutch. In its stomach the head and hind quarters of another were found. This species of hawk is undoubtedly the most useful mouser on the farm and should have due credit, for mice cause much injury there to fruit trees, sweet potatoes, and grain. The short-eared owl (Pl. X, fig. 2) has several times been observed preying upon meadow mice, This bird, the marsh hawk, and the red-shouldered hawk, which are all excellent mousers and rarely attack poultry or birds, are con- tinually made to pay with their lives for the depredations of the real poultry thieves of the hawk and owl tribe—the Cooper and sharp- shinned hawks and the great horned owl. The illustration of a short- CULTIVATED FRUIT. 55 eared owl here given is of a bird that had just made vicarious atonement for depredations on the poultry by the great horned owl. ; Rabbits.—The marsh hawk and other large species prey on rabbits. In the last week of December, 1897, a marsh hawk was shot which had just killed one of unusual size. The crow regularly feeds on young rabbits. On March 27, 1901, several crows that were congregated in some grass land at a point 150 yards behind the house were frightened away. An empty rabbit’s nest found on the spot and stains of blood on the broom-sedge told what they had been doing. The rabbit is a nuisance on the farm. It often ruins hotbeds of sweet potatoes, cuts tortuous paths through wheat fields, and nibbles cabbages and turnips. Not more than 20 miles from Marshall Hall rabbits girdled and killed 2,000 young pear trees in an orchard of 4.000 within two months. The food of the 645 birds examined shows only 1.72 percent of ver- tebrate food. The reason for so small a proportion is the fact that the collection included only 19 birds that could be expected to feed on flesh. fV._ERUIT: CULTIVATED VARIETIES. Fruit forms with many common birds an important element of food. Of the 645 stomachs of native birds collected at Marshall Hall 139 contained either wild or cultivated fruit. The greatest interest naturally centers in the cultivated varieties. . Strawberries.—The earliest fruit on the farm is the strawberry. It usually ripens about the middle of May and would naturally be expected to tempt the birds. With a view to measuring their depre- dations on the crop, two visits were made to Marshall Hall between the 13th and the 20th of May of 1899 and 1900. A strawberry patch in the Bryan kitchen garden was watched for several days in the early morning, when birds were feeding most busily, but although catbirds, orchard orioles, and other notably frugivorous species were all around the patch, not one of the birds entered it for berries. On the Hungerford place, adjacent to the wooded dell tenanted by the colony of crow blackbirds already referred to, there was a large _ strawberry patch, from around which were collected 13 blackbirds, 13 eatbirds, and 2 orchard orioles, but only one of them, a catbird, had eaten strawberries. On the previous day the patch was watched for several hours. Only a solitary catbird entered it and he did not take a berry. These and other observations showed that birds at Marshall Hall did not harm the strawberry crop, but, on the other hand, pro- tected it by destroying ground-beetles, which, as has been said, injure the fruit. If catbirds were fond of strawberries, they would have made sad havoc on these farms, for they fairly swarmed amid the fil — alae — | 4 | | 56 BIRDS OF A MARYLAND FARM. tangled vegetation on the river front (Pl. IV, fig. 1). Their liking for fruit is well known, and it seems strange that they should pre- fer winter-cured smilax berries to strawberries; yet of 13 individuals collected at this time 5 had eaten smilax berries that had hung on the bushes all winter. : Cherries—During cherry time 227 birds were collected, 23 of which, comprising crows, crow blackbirds, catbirds, cedar birds, brown thrash- ers, and kingbirds, had fed on cherries and little else. Cherries ripen from the 30th of May to the 15th of June and remain on the trees for about a month. Some interesting field observations corroborated the results of the examination. On the Bryan farm cherry trees are so numerous that an observer can not keep track of the birds that fly to them, but on the Hungerford farm, where the trees are few, there is no difficulty in taking notes. One large black ox-heart tree in a hedge row several hundred yards from the river was watched June 15, 1899. From sunrise till sunset there was seldom an interval of ten minutes when it was empty. Catbirds flew up to it from the matted vines on the river front; thrashers came from inland thickets; and king- birds flew over from apple and pear orchards. A flock of half a dozen cedar birds every now and then came to it and fed eagerly, and -a crow made it a base of supplies for her greedy brood in a neighbor- ing sycamore. The colony of crow blackbirds that had nested in the adjacent dell were, however, the most regular and frequent visitors. They had taken their recently fledged young to a swamp a quarter of a mile away, and all day long flew back and forth in a ‘bee line’ between that and the cherry tree, often meeting one another in the journey and sometimes numbering three or four in the tree at one time. As an experiment looking toward the possible protection of cherries, a screech owl with a clipped wing was placed in a cherry tree near the Bryan farmhouse. Several catbirds that came to pillage made an out- cry at first, but soon attacked the cherries, regardless of the owl. An English sparrow, a red-eyed vireo, and two orchard orioles that entered the tree were at first much disturbed, but were all eating cherries within fifteen minutes. Since the screech owl does not feed on birds to a considerable extent, they probably did not recognize in him a dangerous enemy. ‘The presence of a great horned owl or a Cooper hawk would doubtless have had a completely deterrent effect. The cherry crop at Marshall Hall is not marketed, nor is one hundredth of it ever picked; the proportion consumed by birds is, consequently, of no economic importance. Other orchard fruit When the cherry season was over the birds that had shown themselves notably frugivorous were expected to turn their = attention to the orchards of plums, peaches, pears, and apples. While — these fruits were ripe 161 birds were collected, but not one appeared LA TT, iy er trac CULTIVATED FRUIT. 57 to have molested them. Many had taken fruit, but had drawn on’ - nature’s supply instead of man’s. All the trees in the orchard were _ watched, but birds apparently did not rob them, a fact in striking contrast with the notorious pillaging by birds in the fruit-growing regions of California. In California birds also do much damage in _ spring by eating the buds and blossoms of fruit trees, but at Marshall _ Hall no appreciable loss is caused in this way. White-throated spar- rows occasionally feed on buds and blossoms, and on one occasion (April 25, 1901) three of these birds were seen mutilating pear blos- soms in the kitchen garden, but beyond this no example of such depredations was observed. Grapes.—Grapes are not raised for market at Marshall Hall. In the _ Bryan kitchen garden there is a trellis for family use, but birds did no appreciable injury to the grapes that grew on it. Tomatoes.—Catbirds were reported to be ruining the tomato crop on the Hungerford farm during the third week of June, 1899. The place was visited and every tomato that had reddened at all was found to have been pecked. The injury was causing heavy loss to the farm, for the fruit at that time broughta high price. The patch was watched for several hours, but not a catbird entered it. Nine chickens, how- ever, stole up from a small house on the shore and went from plant to plant, eating greedily. To make doubly sure that catbirds had no share in the mischief, 15 individuals were collected from the neigh- _ boring delland the bushes about the patch, and examination was made of the stomach contents. No trace of tomatoes was found. Melons.—The only fruit grown for market that suffered from the depredations of native birds was the melon, and it was attacked by only one species—the crow. In numbers from three or four to a dozen at a time crows began to injure melons about August | and con- tinued for three weeks, attacking both watermelons and cantaloupes, but preferring the former. Each crow would peck at a melon a dozen times or so and then pass on to another. If no protective measures _ had been taken, the crop would often have been a total loss, and in _ spite of all efforts from 5 to 20 percent of the melons grown at all _ distant from buildings were punctured (fig. 21). Carcasses of crows, _ strings with long white streamers attached, an improvised miniature windmill that revolved and struck noisily against a piece of metal, and a bit of bright tin suspended from a string so that it turned with every breath of air and reflected the sun about the field were some of | the devices used to frighten the wary and suspicious marauders. In 1873, 1874, and 1875, when the melon crop was so important that + or 5 acres, containing from 3,000 to 4,000 hills, were given up to it, the F _ method of protection used in the rice fields of the South was adopted: from sunrise to sunset a negro with an old musket and plenty of pow- 58 BIRDS OF A MARYLAND FARM. der watched from a brush shelter in the middle of the field and, when- ever a crow appeared, frightened it away with a thundering report. If the field was left unguarded for any length of time, the crows were sure to make havoc among the melons. Since they would never come within gunshot if they knew anybody was watching, attempts were made to destroy them by a stratagem; two men would enter the brush house and one of them would soon leave, hoping to delude the crows into thinking that the house was empty, so that they would venture within range of the second man’s gun. The plan worked only in the first few trials, however. The farmers at Marshall Hall maintain that crows can count up to three, for they could not be hoodwinked unless three men left the house and a fourth remained to shoot. Fic. 21.—Melons damaged by crows. WILD FRUIT. Wild fruit formed 10.12 percent of the food of the 645 birds col- lected, and had been eaten by 120. Both examination of stomachs and notes of field work showed how important an element it is in the food supply of many species. Smilax.—The catbird, which, with the possible exception of the cedar bird, is the most conspicuous frugivorous species on the farm, ate in May, when it arrived from the South, the winter-cured berries of smilax. Out of 13 individuals collected May 17-20, 1899, 5 had made from 15 to 40 percent of their diet on these husks in preference, as has already been said, to the feast spread in the strawberry patch. a a me ees oe As cee ed WILD FRUIT. 59 During May cedar birds and crow blackbirds also relished them, and the robin, when hard pressed on its arrival, during the last of Feb- ruary, was seen to eat them eagerly. Mulberries.—The first wild fruit that offers a freshly ripened supply at Marshall Hall is the mulberry, and it lasts from the end of May until the end of June. On May 29, 1896, observations were made of birds feeding in a large mulberry tree in the wooded gully of the hog lot. A pair of downy woodpeckers that bred in a willow stub near by were twice noted eating the berries. A Baltimore oriole, probably a late migrant, fed on them eagerly. Several pairs of orchard orioles and kingbirds which nested together near the house came to the tree at frequent intervals. The kingbirds would balance themselves on the topmost sprays and pluck the berries as gingerly as if. they had been insects. Two pairs of red-eyed vireos and a pair of white-eyed vireos haunted the mulberry and adjacent trees, now and then taking a berry, but most of the time apparently eating insects. A cardinal that nested on the shore of the calamus swamp, 200 yards distant, made one trip to the tree, but was accidentally frightened out of any subsequent visits. Crows came from the woods 25 rods away and three blue jays journeyed at least a quarter of a mile for the fruit. Song sparrows frequently hopped about on the ground beneath the tree and picked up fallen fruit. A flock of eight cedar birds fairly gorged themselves. At intervals they would repair to cedar trees on the brink of the gully and sit as motionless as if they were literally stuifed, until diges- tion relieved their repletion. Then they would apparently wake up, preen their pretty plumage, and, regaining activity one after another, would presently with one accord fly back to the berries with renewed appetite. They appeared to spend their whole time alternately feast- ing and napping. The catbirds were about as gluttonous, but not.so lazy. ‘They came to the tree from the neighborhood, from the house, and from the river bluff. Hardly a period of five minutes passed in which not one was among the branches, and three or four were often present at once. They were so tame that it was possible to see just how they fed. One would pluck a berry, sometimes an inch long, bolt it whole, and then stand almost choking, with mouth wide open, while the berry, which made a great lump in its gullet, slowly passed into its stomach. Then with evident relief it would hop about and perhaps sing a few bars of song. ‘There was no luxurious idleness among the catbirds. As soon as they had eaten they either sang or flew away to resume nest building, incubation, or the feeding of their young. Mulberries formed at this season the greater part of their food. A list follows of the birds that were observed feeding on this fruit or that were found by examination to have eaten it. 60 BIRDS OF A MARYLAND FARM. List of birds feeding on mulberries. Blue jay. Cardinal. Downy woodpecker. Crow. Carolina chickadee. Cedar bird. Orow blackbird. Song sparrow. Catbird. Orchard oriole. Red-eyed vireo. Kingbird. Baltimore oriole. White-eyed vireo. Bobwhite. Raspberries and blackberries.—The black raspberry, the dewberry, and the blackberry, which are the wild fruits that, in the order given, ripen next, are too plentiful and too widely distributed for much remunerative field observation. The following list of birds that ate them was prepared chiefly from stomach examination: List of birds feeding on raspberries and blackberries. Bobwhite. Brown thrasher. Kingbird. Summer redbird. Catbird. Red-headed woodpecker. Cardinal. Orchard oriole. Cedar bird. . Song sparrow. Bluebird. Field sparrow. Crow. A few field notes on the destruction of these fruits were made, how- ever. Catbirds were seen, May 30, 1896, in black raspberry bushes near the house, eating half a dozen berries apiece. During June, 1899, lot 2 was overrun with a network of dewberry vines. Here, on the 17th, bobwhites were observed walking from vine to vine, picking the berries in a systematic fashion. During 1896 blackberries fruited heavily, and birds were not slow to take advantage of the generous food supply. July 12 a red-headed woodpecker was observed to come and feed on the berries with catbirds and orchard orioles, and a king- bird was seen to fly down to a bush, hover beside it, and pluck a berry. In early August, 1898, two field sparrows were seen in several instances selecting fruit which had dried on the bushes in preference to that which was fresh and juicy. They may have done this to obtain the seeds of the berry and extract their meat. A number of song sparrows picked up blackberries from the ground as they had mul- berries. Since this species is often very abundant in cultivated patches of blackberries and takes 10 percent of its food from this fruit in its season, the habit of feeding on fallen berries may be fortunate for the horticulturist. Rubus fruits are not raised for market at Marshall Hall, hence it is unimportant whether the birds eat them or not; if- they were, and if there were no other fruit available, the abundant frugivorous birds would probably decrease the profits considerably. Elderberries.—Elderberries ripen next, usually during the latter half of July. There are so few of them on the farm. that the record is scanty, but field notes made August 5, 1898, show how much they are WILD FRUIT. 61 relished. A large elder bush was watched from 1.40 to 2.50 p. m. The observations may be thus summarized: 1.45: A song sparrow hopped along under the bush and picked up a fallen berry. 1.51: A downy woodpecker alighted on the main stalk and, ascending within reach of a cluster, ate 2 berries. 1.58: A female orchard oriole came and fed. 2.00: A catbird ate several berries. { 2.03: A red-eyed vireo took 1 berry. 2.09: A catbird ate 3 berries. | 2.11: A pair of red-eyed vireos flew into the bush; one took a berry and scurried away, but the other remained long enough to eat 4 berries. | 2.12: A male redbird dashed in, took a berry, and dashed out. i : A crow dropped clumsily into the bush, but after one peck at the fruit espied me and flew away with loud clamor. | Detailed account of birds feeding on elderberries. | > nh 4 wo 2.15: A catbird took 1 berry. 2.16: A white-eyed vireo took 3 berries. S| 2.20: A catbird took a berry. I 2.23: A female summer redbird came shyly and hurriedly ate several berries. \ 2.24: A catbird took a berry. ; } 2.25: Another catbird picked at a cluster rapidly for one minute, swallowing in that I time 20 berries. 2.27: A red-eyed vireo, poised in the air like a humming bird, ate several berries from the same cluster. 2.28: A female cardinal ate a berry. 2.30: A ecatbird ate 10 berries in a minute, rested, and 2.33: Took several more. 2.35: A female summer redbird, bending a berry stalk under her weight, leisurely plucked 5 berries from the drooping cluster. 2.37: A catbird ate 4 berries, sat and preened its feathers, and 2.50: Ate 17 more. Wild cherries—The wild black cherry (Prunus serotina) is plentiful at Marshall Hall, but as a rule birds did not congregate about it as they do in more northern States. The following species were found feeding on it: List of birds feeding on wild cherries. Catbird. Song sparrow. Orchard oriole. Kingbird. English sparrow. Red-headed woodpecker. Pheebe. Crow. Blueberries.— Blueberries, though a staple article of birds’ diet, are so scarce at Marshall Hallas to be unimportant. Tufted titmice and cat- birds have been noted feeding on them at the southern corner of lot 4. Other wild fruits With the waning of summer there comes such an abundance and variety of wild fruit that birds scatter over wide areas of the farm, and observation of their feeding habits yields only desul- tory results. There are, altogether, more than a score of wild fruit- ing plants at Mershall Hall, which furnish food to at least 30 kinds of 62 BIRDS OF A MARYLAND FARM. birds. Some of them, such as sassafras, blackberry, elder, and wild cherry, drop their berries shortly after ripening them, while others, such as hackberry, catbrier, and sumac, keep theirs well into win- ter and even until spring. The bountiful supply of late fruit is most noticeable just after the falling of the leaves. Then one may see large trees festooned with the burdened vines of bittersweet, woodbine, eat- brier, and wild grape. Besides the climbing plants, many shrubs and trees are laden with fruit. The low horse-nettle is bright with yellow berries; the rank pokeweed bends under long grape-like bunches of | dark purple fruit; and the persimmon is hung with yellow globes. The sour gum has dropped its deep-blue berries and light-red leaves together, but the holly is set thick with scarlet clusters that will glow all winter amid its shining green. Some of the tastes exhibited by birds in their selection of fruit are interesting and singular. Catbirds and vireos have been known to pass by ripe blackberries and elderberries and choose green wild cher- ries and sassafras berries. Many birds eat sumac berries, which are practically all seeds and would seem to be about as satisfactory food asso much gravel. Fully a dozen species select the berries of black alder, which are as bitter as quinine. Cedar berries, a favorite food with birds, have an effect on the human system like cantharides, while the berries of pokeweed, nightshade, and poison ivy contain danger- ous poisons. If birds are not immune from the toxic effects of these berries, one may question whether they do not take them for stimu- lation, as man takes tobacco and alcoholic beverages. Poison ivy is eaten by practically all the frugivorous birds of the farm. \ . \ . v AMY pg SAN Fig. 29.—Goldfinch. WEED DESTRUCTION BY OTHER BIRDS. Goldfinch.—Goldfinches (fig. 29) would be as valuable as sparrows if they wereasnumerous. Like sparrows, they destroy weeds throughout the year. In spring their first fresh supply comes from the dandelion. On May 18, 1899, three males and two females hopped about among the dandelion globes in the Bryan front yard, every now and then perching crosswise on the stalks and devouring the seeds. In June goldfinches often visited the field daisy (Zrigeron ramosus), and in July the purple aster (Vernonza) and the wild carrot (Daucus carota). : In these cases they appeared to be picking out immature seeds, and 76 BIRDS OF A MARYLAND FARM. one bird that was shot contained a soft mass of such food. The habit of feeding on thistles, which has given the species its common name of ‘thistle bird,’ was well exemplified one day in August, 1898. A thistle on which a goldfinch had been feeding was examined and on its leaves and the ground beneath 67 seeds were counted. They appeared perfect, but close inspection showed a slit through which the meaty kernel had been deftly removed. On the 30th and 31st of August, 1898, the goldfinch was seen eating seeds of the sow thistle and of wild lettuce. September 7, 1896, six birds were banqueting on seeds of beggar-ticks which had appropriated several square rods in an outfield and threatened to give trouble in subsequent seasons. Four young- sters, so recently fledged that they allowed me to approach within 10 feet of them, gave an excellent opportunity (September 21, 1896) to observe how goldfinches feed on ragweed. Often they would all alight on the same plant at once, then they would wrench off the seeds, crack them, extract the meat, and drop the shell, their actions resem- bling those of a canary at its seed cup. In one instance three alighted on avery small plant, which under their weight bent to the ground. Nothing daunted, they clung to the sprays, heads downward, until they touched the earth, then, shifting their position so as to hold the stems under their feet, went on with their meal. About the middle of November, 1900, a flock of 300 goldfinches were noted perching in luxuriant ragweed on truck land of the Hungerford farm, industriously stripping off seeds. The work of such an army must have caused decided limitation of the next year’sgrowth. During the third week of February, 1900, a flock of about 50 were seen in a tangle _of trumpet creeper on the edge of the bluff (PI. VI, fig. 1). They were clinging to the long, partly opened pods, extracting seeds, and the refuse of their meal made a continual flurry of floating empty seed wings. Dur- ing four minutes six birds that were somewhat isolated dropped 57 of these seed wings. Feeding on the trumpet creeper proved to be habitual with the goldfinch and must have prevented many seeds from spreading inland over lot 3 before the prevailing river winds. The plant is a mischievous weed at Marshall Hall. In 1898 it choked out the oats in one part of a patch and twined around nearly half the corn- stalks in a field near the river. It was bad in truck plots during 1899 and 1900, and always makes the breaking up of old pastures a serious undertaking for man and horse. It may be mentioned in passing that the downy woodpecker has also been seen picking out these winged seeds, as well as taking mullein and ragweed seeds from the stalk. Purple Finch.—The purple finch, though it habitually feeds in trees, often destroys seeds of noxious plants. On the 15th and 16th of November, 1900, a thicket of giant ragweed that had made a 10-foot growth in the Bryan kitchen garden (PI. XIV, fig. 1) was gay with a flock of 30 finches that hung on the sprays while they stripped off the WEED SEED. ie seeds as the goldfinches had. One bird that was watched with a glass ~ ate 15 seeds in three minutes. Chickadee.—The Carolina chickadee, though largely insectivorous, was also frequently seen hanging head downwards in ragweed plants wrenching off seeds. Cardinal.—T he cardinal, when observed on arable land, was a deni- zen of hedgerows. It was not abundant like finches and sparrows, but was not uncommon in loose flocks of ten or a dozen. In company with sparrows it often foraged a little way out from cover for the larger weed seeds, and was seen picking up seeds of both small and giant ragweed. It hasa peculiar habit, shared by the fox sparrow, and seen sometimes in the song sparrow and the white-throat, of cracking and eating the seeds of berries and other fleshy fruits; a habit probably useful, especially when seeds of the blackberry and other fruiting plants that invade cultivated land are selected. Blackbirds.—The large flocks of crow blackbirds on the farm, often numbering from 2,000 to 3,000, have been previously referred to. If they were not notorious grain thieves they would be famous weed destroyers. Even as it is they were sometimes seen eating weed seeds, and in spring, when grain is lacking, they probably do considerable good. During fall and spring of the years 1899, 1900, and 1901, flocks of from 50 to 100 cowbirds, and often several hundred red- winged blackbirds, and occasionally as many as a thousand rusty blackbirds, assembled on the farm. They fed on ragweed of wheat stubble and among weeds of truck areas, and doubtless destroyed an incalculable number of seeds. The cowbird and the red-winged black- bird, according to Professor Beal, feed on weed seed to the extent of more than half their annual food and during most of the colder half of the year at least four-fifths. Meadowlark.—The meadowlark, though it gets two-thirds of its living from insects, has in the colder months a voracious appetite for seeds. On the Hungerford farm in November, 1899 and 1900, were two flocks of meadowlarks, and on the Bryan farm a single flock some- what scattered, numbering altogether about 50 individuals. They usually divided their time among the weeds of cornfields both old and new, the ragweed of wheat stubble, and the miscellaneous weeds of truck land. On one occasion birds were seen eating seeds of pigeon- grass in the last situation, and on another picking up seeds of ragweed. Mourning Dove.— After the breeding season there were three flocks of dovesand three of bobwhites distributed likethe meadowlarks. Each flock of doves contained between 20 and 30 individuals. One, on the Bryan place, fed in weedy old cornfields, and, after the wheat had been harvested, amid the ragweed of wheat stubble, which by August was 18 inches high. A bird killed from this flock had eaten, in addition i 78 BIRDS OF A MARYLAND FARM. to other food, seeds of yellow sorrel, spotted spurge, crab-grass, and pigeon-grass. Another, on the upper part of the Hungerford place, foraged in the ragweed of wheat and oat stubble, and in a heavy crop of crab-grass and pigeon-grass in a cornfield that was being harvested. The stomach of one of these birds, taken November 17, 1899, contained. 150 ragweed seeds, and another 300 crah-grass seeds. The third, on the lower part of this farm, were not seen in stubble-fields, but fre- quented forests of weeds in certain orchards and truck plots, and apparently made their whole fare on the seeds. During the heavy snow of February, 1900, doves fed in a wind-swept pasture, some- times appearing to pick up weed seeds, and sometimes assembling in two pits 10 feet in diameter and 6 feet deep, where abundantly fruited plants of pokeberry were growing. At five different times the flock, numbering more than 20, was flushed from the pits. Footprints and red stains on the snow showed that they were eating berries and prob- ably their seeds, some of which were found on the ground after the snow had melted. Fruit-eating birds, which take the berries of this plant, void the seeds uninjured and thus disseminate them, but doves erind them to atoms by the powerful action of their gizzards. Bobwhite.—One covey of the bobwhites, which has already been described as feeding largely on wheat in its season, lived on the upper part of the Hungerford place; another, still larger, which to judge from its droppings took practically no grain, lived on the lower part; and a third lived on the Bryan farm. One bird from the first covey, 7 from the second, and 5 from the third were shot and examined. These 13 had taken weed seed to the extent of 63 percent of their food. Thirty-eight percent was ragweed, 2 percent tick-trefoil, partridge pea, and locust seeds, and 23 percent seeds of miscellaneous weeds, such as pigweed, sheep sorrel, Pennsylvania persicaria, climbing false buckwheat, trumpet creeper, paspalum, jewel-weed, and pigeon-grass. Though the stomachs and crops were not well tilled, the birds had eaten 5,582 weed seeds. One crop contained 400 pigweed seeds, another 500 seeds of ragweed. ‘The latter seeds, which are cracked open by most birds, are swallowed whole by bobwhites and doves, in spite of the spiny processes which beset them. One hobwhite, in addition to other food, had consumed 550 seeds of sheep sorrel; another 640 seeds of pigeon-grass; and several 50 to 100 seeds of jewel-weed. Extent of weed-seed destruction Inspection of an acre of truck land between two converging bushy brooks on the Hungerford farm (November 16, 1899), gave a very satisfactory idea of the autumn work of weed-destroying birds. Crab-grass and pigeon-grass formed — a low undergrowth, while lamb’s-quarters, pigweed, and giant rag- weed from 6 to 10 feet high rose in a thick weed forest. A flock of 15 quail foraged in the center of the area, 25 doves were scattered over the upper end, and fully 200 native sparrows scurried about at the SSIES Reet. 2h ea. bene ; # : SPECIES. Nee 19 lower end, while a band of 300 goldfinches clung to the ragweed stalks plucking off seeds. If we make the fair assumption that the birds remained on this acre of plenty long enough to obtain a full meal, we can reckon approximately the destruction wrought. At a moderate estimate 20 seeds apiece may be allowed for the goldfinches, 100 for the | sparrows, providing that they were from crab-grass or pigeon-gr¥ass, and 500 for the doves and bobwhites, or a total of 46,000 seeds destroyed at a single breakfast. 7 In the last week of April an attempt was made to ascertain what proportion of the weed seeds ripening on the farm had been consumed during the previous half year. In the wheat field of lot 4, where at the beginning of October there had been scores of seeds on every rag- weed plant, it was difficult to find in a fifteen-minute search half a dozen remaining. In the truck plot of lot 8, which had borne a thick growth of pigeon-grass, examination of an area where there had been hundreds of seeds the autumn before would sometimes fail to disclose one, and in a mat of crab-grass in the same field frequently not one was left out of a thousand present in October. VII.—SPECIES. Having discussed under the heads of insects, flesh, fruit, grain, and weed seed the elements that entered into the food of the birds at Marshall Hall, we may now enumerate the birds themselves and indi- cate as far as possible the economic status of each with reference to _ this particular farm. WATER BIRDS. The data concerning water birds are so limited as almost to preclude anything more than a list of species. ~ GREBES. The horned grebe ( Colymbus auritus) has been noted ‘on the river _ at Marshall Hall in December on two occasions. A pied-billed grebe | (Podilymbus podiceps) was diving in the bay where the shore curves i ‘up to the calamus swamp December 12, 1900 (PI. ILI, fig. 1). During | November and December as many asa dozen grebes may often be seen - on the Mount Vernon flats, on the Virginia side of the river. Grebes | feed much less on fish than is popularly understood, and probably do little harm to fisheries. The large proportion of vegetable matter in | their food renders them excellent eating, the flesh resembling that of | the adult pigeon in taste. They are difficult to secure, however, as : their diving habit protects them from all but the most persistent _ gunners. a Whenever lists of species of birds are given the figure placed after a name - indicates the number of stomachs of that species which were examined. | | ) 8Q BIRDS OF A MARYLAND FARM. LOONS. The common loon (Gavia timber) and the red-throated loon (Gavia lumme) heve beer noted at Marshall Hall by Mr. William Palmer. MURRES. The Briinnich murre ( Uria lomvia) has been noted at Marshall Hall by Mr. William Palmer. GULLS AND TERNS. The herring gull (Larus argentatus) and the ring-billed gull (Zarus delawarensis) occur on the river in the colder half of the year. Dur- ing March and the first half of April it is not uncommon to see from a dozen to twenty gulls floating between the farm and Mount Vernon (Pl. XVII, fig. 2), apparently busy fishing. The common tern (Sterna hirundc) and the black tern (Hydrochelidon nigra surinamensis) have also been noted at Marshall Hall. DUCKS, GEESE, AND OTHER WATER FOWL. The following species of water fowl were noted on the river at Marshall Hall: Red-breasted merganser (Merganser ser- Redhead (Aythya americana). rator ). Canvasback (Aythya vallisneria), 1. Hooded merganser (Lophodytes cucui- Scaup duck (Aythya marila). latus), 2. Lesser scaup duck (Aythya affinis), 1. Mallard (Anas boschas). Golden-eye (Clangula clangula ameri- Black duck (Anas obscura). cana). Baldpate (Mareca americana), 1. ' Buffle-head ( Charitonetta albeola). Green-winged teal (Nettion carolinensis). Old-squaw (Harelda hyemalis). Noted Blue-winged teal ( Querquedula discors) . by Mr. William Palmer. Shoveller (Spatula clypeata). Canada goose (Branta canadensis). Pintail (Dajila acuta). ‘ Whistling swan (Olor columbianus), 1. Wood duck (Aix sponsa). Ducks were so abundant here before the civil war that they were regularly counted on for the larder. As late as 1864 and 1865 it was not uncommon in November to find a flock of 150 scaup ducks in the little bay by the calamus swamp, and in the same place ten years ear- lier as many as 15 canvasbacks were killed at a shot. It is now rare for half a dozen ducks of the commonest species to settle in the bay. Across the river on the Mount Vernon flats (Pl. XVII, fig. 2), where there is an abundance of wild celery ( Vallisneria spiralis), flocks of from 25 to 200 ducks are occasionally seen, but they are so contin- uously fusiladed from launches that run down from Washington and Alexandria that they are soon killed or driven away. Much worse slaughter is wrought by the ‘big’ gun at night or in the early dawn. These ‘big’ guns are in reality cannon mounted in gunning skiffs. Bull. 17, Biological Survey, U. S. Dept. of Agriculture. PLATE XV. Fic. 1.—BOBWHITE. Fig. 2.—WOODCOCK. ai Bull. 17, Biological Survey, U. S. Dept. of Agriculture. PARE MIE Fic. 1.—BROOM-SEDGE OF LOT 2, FREQUENTED AT NIGHT BY BOBWHITES. FiG. 2.—PARTRIDGE PEA OVERSPREADING PASTURE OF LoT 4, EATEN EXTENSIVELY BY BOBWHITES. | The pines in the background were defoliated by the pine saw-fly in the spring of 1900. SPECIES. 81 They are loaded with a pound of shot that kills at 200 yards or more. The use of the big gun is unlawful, but duck pot hunters have often eluded the authorities by throwing the gun overboard, having pre- viously attached a string and a large cork, so as to insure subsequent recovery. Shooting from launches, which is also frequent and very destructive in this vicinity, is against the law in many places, and should be generally prohibited. The stomach of a baldpate that was taken March 22, 1902, con- tained only sprouting wild rice and the stems of some aquatic plants. Two hooded mergansers collected November 15, 1900, had fed exclu- sively on small fish. A lesser scaup duck taken on the same day had eaten the claw of a blue crab and 75 snails (mostly Amnicola altiles, with a few Goniabosis virginicus and Planorbis albus). The stomach of a canvasback killed the day previous contained 100 seeds of bulrush (Scirpus). A whistling swan killed November 16 had in its stomach one bulrush seed and a mass of wild celery leaves about as large as the ball of aman’s thumb. The latter plant is abundant in shallow water about Marshall Hall, and gives the characteristic flavor to _ eanvasbacks and other water fowl that feed on it. HERONS. The following herons were noted: Least bittern (Ardetta exilis). Green heron (Ardea virescens), 2. Great blue heron (Ardea herodias). Black-crowned night heron (Nycticorax Little blue heron (Ardea cxrulea). nycticorax nevius), 1. The last three species eat fish extensively, but also take other food. One of two green herons that were collected contained, besides fish, a large spider, a giant water bug RBelosboua lias); and 20 dragon- flies (Agrionide). RAIL. _ The toothsome little sora rail (Porzana carolina) is found during _ August and September amid the wild rice of the calamus swamp. The _ stomach of one, when examined, contained 200 wild rice seeds. COOT. The coot (fulica americana) eats mainly wild celery, pond weed (Potamogeton), and other vegetable food, and is not to any marked degree piscivorous, as has been shown by the examination of stomachs. Itis frequently caught at Marshall Hall in fishermen’s nets. } q “fy ill >>] Ss ri (lu YAY = S} yy fy Fr, \ ¥ ; y) uy fj (a 3 Hi) ) we , Vas: Ug Key j i) “tp yy WR Dy) Wy Vy) A! ‘i ry —— V) Fic. 39.—Brown thrasher. The house wren (Zroglodytes aédon, tig. 40) takes no vegetable food. Twenty stomachs were collected from May to August, inclusive. They 7 — 2S = Y 2S) \Y \Wg Gps S< IR Ue S \ 4} 2 \ S Fic. 40.—House wren. showed the food to have been distributed as follows: Grasshoppers and crickets, 27 percent; moths, cutworms, measuring worms, and allied SPECIES. 107 larvee, 19 percent; beetles, 11 percent, including Carabidee, Ceramby- cide, Tenebrionide, Elateride: (Drastervus), Scarabzeidee (Aphodius), Rhynchophora, and Chrysomelidee (Systena elongata, etc.); bugs (true bugs—including Myodocha serripes—and a few leaf-hoppers), 9 per- cent; ants, 8 percent; May-flies, 2 percent; miscellaneous insects, 2 percent; spiders, 21 percent; and snails, 1 percent. The winter wren (Olbiorchilus hiemalis) was observed hunting for insects and spiders in brush piles, but no stomachs were collected. The long-billed marsh wren (Cistothorus palustris), though like the house wren it eats nothing but insects, can not be expected to help crops because of the remoteness of its marshy habitat. Five birds were collected. Spiders and beetles (Calandra oryza, Donacia, Hippo- damia maculata) formed the major part of their food. The minor part was composed of true bugs, leaf-hoppers, flies, parasitic wasps, and ants. One Carolina wren (Zhryothorus ludovicianus) was collected. It had eaten caterpillars, grasshoppers, and beetles (longicorns and leaf-beetles, including Odontota dorsalis). CREEPERS AND NUTHATCHES. The brown creeper (Certhia familiaris americana) plays a useful part in ridding tree trunks of insect vermin. One stomach was taken. It contained such beetles as //elops xreus and Bruchus hibisci, saw- flies, flying ants, spiders, and seeds of the scrub pine. Two other beneficent gleaners of tree-trunk insects are the nut- hatches (Sitta carolinensis and Sitta canadensis). Both were observed at Marshall Hall, but no specimens were collected. Prof. E. Dwight Sanderson has shown that the white-bellied nuthatch feeds on both seeds and insects. He found it eating ragweed and sunflower seeds, corn, and a very small amount of mast. His observations show it to be very fond of bugs and their eggs, and that it selects most often such Tingitide as Piesma cinerea, Reduviidee, Coreide, and Jassidee. Its beetle food includes Carabide, Elateridae, Scarabeeide, and Buprestide. Ants (Myrmicide) are taken in large numbers. It also catches some parasitic wasps (Braconidee) and frequently secures stone-flies, dragon-flies, and true flies.“ TITMICE. One tufted titmouse (Parus bicolor) was collected July 9, 1898. It had eaten several blueberries, a longicorn beetle, and a large cutworm. Seven Carolina chickadees (Parus carolinensis) were taken during February, April, July, and August. Vegetable matter—mulberry seeds, pine seeds, and ragweed seeds—was present in four stomachs. All the birds had eaten insects. One had eaten 1 bee (Andrenide), 2 @Auk, Vol. XV, pp. 144-148, 1898. 108 BIRDS OF A MARYLAND FARM. ants, 3 insect eggs, 3 spiders, and 3 caterpillars (measuring worms, Geometride and hairy Arctiide, which are usually avoided by birds). One of the stomachs examined contained katydid eggs and two others egos of the wheel-bug. Between 200 and 300 eggs of the fall canker- worm have been found in the stomach of a black-capped chickadee and 450 eggs of a plant-louse in that of another. The eating of insect eggs is a characteristic habit of the chickadee, and makes the bird, - small as it is, one of the most effective destroyers of insect pests. It is of particular value in the orchard, and every horticulturist would do well to encourage it. KINGLETS. The golden-crowned kinglet (Regulus satrapa) and the ruby-crowned kinglet (eegulus calendula) are useful insectivorous midgets. They were observed at Marshall Hall, but were not killed. GNATCATCHERS. Three blue-gray gnatcatchers (Polioptila cerulea) were collected. They had eaten longicorn beetles, joint-worm flies, caddis-flies, and several minute flies (unindentified Diptera). THRUSHES. The wood thrush (//ylocichla mustelina), Wilson thrush (/ylocichla Fuscescens), hermit thrush (/7ylocichla quttata pallast), gray-cheeked thrush (/Tylocichla alicix), and olive-backed thrush (//ylocichla ustu- lata swainsonz) were noted at Marshall Hall—the first as a breeding bird, the last four as migrants. Three stomachs of the gray-cheeked thrush were taken May 15, 1900. They contained saw-fly larve, ants, caterpillars, May-flies, ground-beetles, weevils, and scarabeeid beetles (Anomala, Atzxnius, Lachnosterna, and Serica). Two olive-backed thrushes, also collected in May, had eaten ants (Camponotus pennsylvanicus), wasps (Tiphia tnornata), ground-beetles, darkling-beetles (//elops), and ground-spiders (Lycoside). The robin (Merula migratoria, fig. 41) is seen on the farm only during the colder half of the year. One bird collected in the blizzard of the third week of February, 1900, had fed on smilax berries. Field obser- vations and the examination of stomachs collected elsewhere show that somewhat more than half of the robin’s food is fruit. That which it takes at Marshall Hall, however, consists merely of wild berries. In the second week of April, 1899, 8 birds were collected. Five had eaten ground-beetles, and four, secured in a field that was being plowed, had taken large quantities of the larve of the ground-beetle, Harpalus caliginosus, Which as before stated has lately been found harmful to SPECIES. 109 strawberries. The other beetles eaten were darkling-beetles (Opatrz- nus), and two clover weevils (Sztones hispidulus and Phytonomus punctatus). One robin had fed on the pupa of a dipterous insect and two had picked up cocoons of a tineid moth. Several had destroyed cutworms and army worms. ‘Two had eaten 6 cutworms apicce. The robin is abundant and is most useful. It is the scourge of the insects that infest the open cultivated fields of the farm. Unfortu- nately it usually gets little credit for its virtues, is outlawed for vices that it does not possess, and is shot in large numbers for food. Bluebirds (Sitaléa stalis, Pl. XVII, fig. 1) breed but sparingly at Marshall Hall on account of the persecutions of the English sparrow. By twenties and thirties they visit the farm in spring, autumn, and even winter. ‘Two birds were taken February 20, 1900, and five on the Fig. 41.—Robin. 19th of the previous November. Six of these had eaten fruit, which constituted rather more than half of all the food. It was composed of the berries of bittersweet, woodbine, cedar, sumac, and poison ivy. One had eaten 8 poison ivy berries and 25 cedar berries—apparently a pretty large dose of stimulating drugs. All had eaten insects. Their selection had fallen on such highly flavored species as ground- beetles (/Zarpalus), stink bugs (Pentatomide), and other bugs, includ- ing Alydus pilosulus. One had eaten a dung-beetle (Aphodius). Grasshoppers and crickets had also entered into their fare. Cater- pillars, including bristly Arctiide and cutworms, had been the prey of all. It is a pleasant duty to report that this bird, so popular throughout the land, is, through its excellent work as a destroyer of noxious insects, well worthy the protection and encouragement it 110 BIRDS OF A MARYLAND FARM. receives. Bluebirds no longer nest on the Bryan farm, though a few pairs with their broods enter it during the summer to feed. But they were abundant there until ousted by the English sparrows, and nested all about the place. A characteristic nesting spot in an old stump on the front lawn of the house is shown in Pl. XVII, fig. 2. One of the most serious charges that can be brought against the English sparrow is the usurpation of the dooryard homes of these beautiful, gentle, and highly useful birds. VIII.—_ SUMMARY. The following conclusions are drawn solely with reference to the relationship of birds to the farmers at Marshall Hall; and while to a certain extent they indicate the general relationship of birds to agri- cultural interests, yet special conditions, of these particular farms as well as any others, sometimes have a modifying infiuence that must be taken into account. At Marshall Hall the English sparrow, the sharpshinned and Cooper hawks, and the great horned owl are, as everywhere, inimical to the farmers’ interests and should be killed at every opportunity. The sap- sucker punctures orchard trees extensively and should be shot. The study of the crow is unfavorable in results so far as these particular farms are concerned, partly because of special conditions. Its work in removing carrion and destroying insects is serviceable, but it does so much damage to game, poultry, fruit, and grain that it more than counterbalances this good and should be reduced in numbers. The crow blackbird appears to be purely beneficial to these farms during the breeding season and feeds extensively on weed seed during migration, but at the latter time it is very injurious to grain. More detailed observations are necessary to determine its proper status at Marshall Hall. The remaining species probably do more good than harm, and except under unusual conditions should receive encouragement by the owners of the farms. Certain species, such as flycatchers, swallows, and warblers, prey to some extent upon useful parasitic insects, but on the whole the habits of these insectivorous birds are productive of considerable good. Together with the vireos, cuckoos, and wood- peckers (exclusive of the sapsuckers), they are the most valuable con- servators of foliage on the farms. The quail, meadowlark, orchard oriole, mockingbird, house wren, grasshopper sparrow, and chipping sparrow feed on insects of the cultivated fields, particularly during the breeding season, when the nestlings of practically all species eat enormous numbers of caterpillars and grasshoppers. The most evident service is the wholesale destruction of weed seed. Even if birds were useful in no other way, their preservation would SUMMARY. | til still be destrable, since in destroying large quantities of weed seed they array themselves on the side of the Marshall Hall farmer against invaders that dispute with him, inch by inch, the possession of his fields. The most active weed destroyers are the quail, dove, cowbird, red- winged blackbird, meadowlark, and a dozen species of native sparrows. The utility of these species in destroying weed seed is probably at least as great wherever the birds may be found as investigation has shown it to be at Marshall Hall. ee Gy eye a. we Accipiter cooperi, 50-51, 85. velox, 51-52, 85. Actitis macularia, 88. fEgialitis vocifera, 83. Agelaius phoeniceus, 95-96. Aix sponsa, 80. Ammodramus henslowi, 97. sandwichensis savanna, 97. savannarum passerinus, 13, 44, 97. Ampelis cedrorum, 17, 99. Anas boschas, 80. obscura, 80. Antrostomus vociferus, 91. Ants, 32-34. Aquila chrysaétos, 85. Ardea cerulea, 81. herodias, 81. virescens, 81. Ardetta exilis, 81. Arenaria morinella, 83. Asio accipitrinus, 86. Astragalinus tristis, 75-76, 97. Aythya affinis, 80. americana, 80. marila, 80. vallisneria, 80. Baldpate, 80. Beans, lima, 26. string, 25. Bee, honey, 36-37. Bees and wasps, 39-40. Beetle, flea, 25, 26, 30. ground, 37-38. leaf, 26, 27. locust leaf-mining, 29-80. potato, 25. soldier, 37. tiger, 37. tortoise, 25-26. twelve-spotted cucumber, 26, 27. Birds, distribution, 12-20. Birds eating ants, 34. bees and wasps, 39. blueberries, 61. cherries, 56. elderberries, 60-61. grasshoppers, 32. ground-beetles, 38. INDEX. locust leaf-mining beetles, 30. melons, 57-48. mulberries, 59. parasitic wasps, 40. raspberries and blackberries, 60. (222—No. 17—02 te) Birds eating strawberries, 55-56. various wild fruits, 62. weed seed, 71. _ weevils, 35. wild cherries, 61. that depend on cover, 15-17. that feed in open fields, 12-15. Bittern, least, 81. Blackberries, 60. Blackbird, crow, 14, 47-48, 53, 66-68, 77, 96. red-winged, 95. rusty, 96. Blackbirds, 14, 47, 77. Blueberries, 61. Bluebird, 109-110. Bobolink, 95. Bobwhite, 13, 69-70, 78, 83-85. Bonasa umbellus, 85. Braconids, 40-41. Branta canadensis, 80. Bubo virginianus, 52, 86. Buffie-head, 80. Buteo borealis, 85. lineatus, 85, 86. platypterus, 85, 86. Butterfly, cabbage, 87. mourning-cloak, 87. skipper, 87. Buzzard, turkey, 53-54, 85. Cabbage, 26. Cabbage bug, 26. worm, 26. Caddis-fly, 25. Canyas-back, 80. Cardinal, 77, 98. Cardinalis cardinalis, 77, 98. Carpodacus purpureus, 76-77, 97. Carrion, 53-54. Catbird, 17-18, 47, 104-105. Caterpillars, 48-49. Cathartes aura, 53-54, 85. Cedar bird, 17, 99. Ceophleceus pileatus, 83. Certhia familiaris americana, 107. Ceryle aleyon, 87-88. Cheetura pelagica, 91. Charitonetta albeola, 80. Chat, yellow-breasted, 103. | Cherries, cultivated, 56. wild, 61. Chickadee, Carolina, 77, 107-108. Chordeiles virginianus, 91. Circus hudsonius, 54, 85, 86. 113 114 Cistothorus palustris, 107. Clangula clangula americana, 80. Coeeyzus, americanus, 87. erythrophthalmus, 87. Colaptes auratus, 88, 90-91. Colinus virginianus, 13, 69-70, 78, 83-85. Colymbus auritus, 79. Compsothlypis americana usnee, 103. Contopus virens, 91. Coot, 81. Corn, 36, 38, 65-70. Coryus americanus, 14, 47-48, 50, 53, 57-58, 65-66, 94. ossifragus, 14, 94. Cowbird, 95. Crane-flies, 21-22. Crayfish, 9. Creeper, brown, 107. Crops infested by insects, 24-28. Crossbill, red, 97. white-winged, 97. Crow, 14, 47-48, 50, 53, 57-58, 65-66, 94. fish, 14, 94. Crow blackbird, 14, 47-48, 53, 66-68, 77, 9°. Cuckoo, black-billed, 87. yellow-billed, 87. Cutworms, 32. Cyanocitta cristata, 93-94. Cyanospiza cyanea, 98. Dafila acuta, 80. Dendroica, 104. Dendroica, estiva, 103. ceerulescens, 103. ecoronata, 103. discolor, 108. dominica, 103. maculosa, 103. palmarum hypochrysea, 103. pensylvanica, 103. striata, 103. vigorsi, 103. virens, 103. Dolichonyx oryzivorus, 95. Doryphora 10-lineatus, 25. Dove, mourning, 13-14, 77-78, 85. Dryobates pubescens, 47, 88. Duck, black, 80. lesser scaup, 80. scaup, 80. wood, 80. Eagle, bald, 50, 85. golden, 85. Ectopistes migratorius, 85. Elderberries, 60-61. Empidonax virescens, 91, 92. Falco sparverius, 85, 86. Finch, purple, 76-77, 97. Fireflies, 37. Fish, 53. Flicker, 88, 90-91. Flies, 36, 39. Flycatcher, acadian, 91, 92. great crested, 91, 98. scissor-tailed, 91. Food, insect, 21. vertebrate, 50-53. Food of nestlings 48. Fruit, 55-65. INDEX. Fruit, cultivated, 55. miscellaneous, 56-57, 61-62. wild, 58. Fulica americana, 81-82. Galeoscoptes carolinensis, 17-18, 47, 104-105. Gallinago delicata, 83. : Game, 50-52. Gavia imber, 80. lumme, 80. Geothlypis formosa, 103. trichas, 103. Glasses used for field work, 43-44. Gnatcatcher, blue-gray, 108. Golden-eye, 80. Goldfinch, 75-76, 97. Goose, Canada, 80. Grain, 65-70. Grapes, 57. Grasshoppers, 32, 48-49. Grebe, horned, 79. pied-billed, 79. Ground-beetles, 37-388. Grouse, ruffed, 85. Gull, herring, 80. ring-billed, 80. Halizetus leucocephalus, 50, 85. Harelda hyemalis, 80. Hawk, broad-winged, 85, 86. Cooper, 50-51, 85. marsh, 54, 85, 86. red-shouldered, 85, 86. red-tailed, &5. sharpshinned, 51-52, 85. sparrow, 85, 86. Helmitherus vermivorus, 103. Helodromas solitarius, 83. Heron, black-crowned night, 81. great blue, 81. green, 81. little blue, 81. snowy, 81. Herons, 9. Hirundo erythrogastra, 46, 98. Hummingbird, ruby-throated, 91. Hydrochelidon nigra surinamensis, 80, Hylocichla alicie, 1)8. fuseescens, 108. guttata pallasi, 10S. mustelina, 108. ustulata swainsoni, 108 Ichneumon flies, 40. Icteria virens, 103. Icterus galbula, 96. spurius, 17, 44-45, 96. Indigo bird, 98. Insect food, 21-42. Insects, destructive, 30-36. proportion contained in bird stomachs, 41. shrubs infested by, 28-80. trees infested by, 28-30. useful, 36-41. Jay, blue, 93-94. Junco, 97. Juneo hyemalis, 97. Killdeer, 83. Kingbird, 17, 91-92. Kingfisher, 87-88. Kinglet, golden-crowned, 108. ruby-crowned, 108. Lady-birds, 38-39. Lanius ludovicianus, 54, 100-102. Lark, horned, 93. Larus argentatus, 80. delawarensis, 80. Loon, 80. red-throated, 80. Lophodytes cucullatus, 80. Loxia curvirostra minor, 97. leucoptera, 97. Mallard, 80. Mammals, 54-55. Mareca americana, 80. Martin, purple, 47, 98. May-beetle, 32. May-flies, 22-24. Meadowlark, 12, 77, 94-95. Megascops asio, 86. | Melanerpes carolinus, 88. erythrocephalus, 88, 90. Meleagris gallopavo fera, 85. Melons, 27, 57-58. Melospiza lincolni, 97. melodia, 16, 97. Merganser, hooded, 80. red-breasted, 80. Merganser serrator, 80. Merula migratoria, 108-109. Mice, 54-55. Mimus polyglottos, 104. Mniotilta varia, 103. Mockingbird, 104. Molothrus ater, 95. Moths, 36. Mulberries, 59-60. Murre, Briinnich, 80. Muscivora forficata, 91. Myiarchus crinitus, 91, 93. Nestlings, food, 43-49. Nettion carolinensis, 80. Night-hawk, 91. Nuthatch, red-breasted, 107. white-breasted, 107. Nycticorax nycticorax neyius, 81. Oak scale, 36. Oats, 66, 68, 69. Odontota dorsalis, 29-30. Olbiorchilus hiemalis, 107. Old-squaw, 80. Olor columbianus, 80. Oriole, Baltimore, 96. orchard, 17, 44-45, 96. Osprey, 85. Otocoris alpestris, 93. Oven-bird, 103. Owl, barred, 86. great-horned, 52, 86. sereech, 86. short-eared, 86. Pandion haliaétus carolinensis, 85. Parus bicolor, 107. carolinensis, 77, 107-108. Passer domesticus, 17, 68-69. Passerella iliaca, 97. Peas, 27. INDEX. LBs Pellets ejected by crows, 63. by shrikes, 102. _ Pewee, wood, 91-92. Philohela minor, 82-83. Phoebe, 91, 92-93. Pigeon, passenger, 85. Pintail, 80. Pipilo erythrophthalmus, 98. Piranga erythromelas, 98. rubra, 98. Plant lice, 27; 29, 39. Podilymbus podiceps, 79. Poison ivy, 62. Polioptila czerulea, 108. Pocecetes gramineus, 97. Porzana carolina, 81. Potato, sweet, 25-26. white, 25. Potato-beetle, 25. Poultry, 50-52. Progne subis, 47, 98. Querquedula discors, 80. Quiscalus quiscula, 14, 47-48, 53, 66-68, 77, 96 Quiscalus quiscula eeneus, 77. Rabbits, 595. Rail, sora, 81. Raspberries, 60. Redhead, 80. Redstart, 103. Regulus calendula, 108. satrapa, 108. Riparia riparia, 46-47, 98. Robin, 108-109. Rose-chafer, 31-32, 87. Sandpiper, solitary, 83. spotted, 83. Sapsucker, yellow-bellied, 88-90. Sawflies, 29. Sayornis phoebe, 91, 92-°3. Scolecophagus carolinus, 96. Seeds, distribution by birds, 62-65. weed, 70-71. Seeds found in crows’ pellets, 63-64. Seiurus aurocapillus, 103. motacilla, 103. noveboracensis, 103. Setophaga ruticilla, 103. Shoyeller, 80. Shrike, loggerhead, 54, 100-102. Shrubs infested by insects, 28-30. Sialia sialis, 109-110. Siskin, pine, 97. Sitta canadensis, 107. carolinensis, 107. Smilax, 58-59. Snipe, Wilson, 83. Soldier-beetles, 37-38. Sparrow, chipping, 15-16, 97 English, 17, 68-69. field, 15, 97. fox, 97. grasshopper, 13, 44, 97. Henslow, 97. Lincoln, 97. savanna, 97. song, 16, 97. BECC Wore ee te Sparrow, vesper, 97. white-throated, 97. Sparrows, distribution, 13, 15-17. weed destruction, 72-75. Spatula clypeata, 80. Sphyrapicus varius, 88-90. Spinus pinus, 97. Spizella monticola, 97. pusilla, 15, 97. socialis, 15-16, 97. Stalk-borer, 36. Stelgidopteryx serripennis, 98. Sterna hirundo, 80. Strawberries, 38, 55-56. Sturnella magna, 12, 77, 94-95. Swallow, bank, 46-47, 98. barn, 46, 98. rough-winged, 98. white-bellied, 98. Swallows, 99. Swan, whistling, 80. Swift, chimney, 91. Syrnium varium, 86. -Tachycineta bicolor, 98. Tanager, scarlet, 98.° summer, 98. Teal, blue-winged, 80. green-winged, 80. Termites, 34. Tern, 80. black, 80. Thrasher, brown, 105-106. Thrush, gray-cheeked, 108. hermit, 108. olive-backed, 108. Wilson, 108. wood, 108. Thryothorus ludovicianus, 107. Tiger-beetles, 37-38. + Titmouse, tufted, 107. Tobacco, 27-28, 36. -_ Tobacco worm, 27-28, 41. Tomatoes, 57. Topography, Bryan farm, 10-20. Hungerford farm, 20-21. Totanus flavipes, 83. Towhee, 98. Toxostoma rufum, 105-106. Trees infested by insects, 28-30. Troglodytes aédon, 45-46, 106-107. Turkey, wild, 85. Turnstone, 82. Tyrannus tyrannus, 17, 91-92. Uria lomyia, 80. Vireo gilvus, 102. 9 10 et | Vireo, erileped: OZ warbling, 102. a 3 white-eyed, 102. ee Warbler, black and white, 103. black-poll, 103. - black-throated blue, 103. black-throated green, 103. Canadian, 103. _chestnut-sided, 103. hooded, 103. «gg Kentucky, 103. z magnolia, 103. es myrtle, 103. northern parula, 103. palm, 104. pine, 103. prairie, 103. yellow, 103. yellow palm, 103. yellow-throated, 103. Wilson, 108. worm-eating, 103. Warblers, 103-104. Wasps, parasitic, 40-41. Wasps and bees, 39-40. Water-thrush, 103. Louisiana, 103. Webworm, fall, 28-29. Weed destruction by native sparrows, 75. other birds, 75. Weed seed, 70-71. extent of destruction, 78-79. Weed seed eaten, 71. eaters, 71. Weevils, 34-35. Wheat, 66, 68, 69-70. Whip-poor-will, 91. Wilsonia canadensis, 103. mitrata, 103. pusilla, 103. Woodcock, 82-83. Woodpecker, downy, 47, 88. pileated, 88. red-bellied, 88. red-headed, 88, 90. Wren, Carolina, 107. house, 45-46, 106-107: long-billed marsh, 107, winter, 107. Yellowlegs, 83. Zenaidura macroura, 13-14, 77-78, 85. Zonotrichia albicollis, 97. st eS "U.S. DEPARTMENT OF AGRICULTURE. _ DIVISION OF BIOLOGIOAL, SURVEY—BULLETIN No. 18. i ©, HART MERRIAM, Chief. ~ DISTRIBUTION AND MIGRATION OF WwW ELLS W. COOKE, ASSISTANT, BIOLOGICAL SURVEY. = NAG AICULTORE SS git? CONE Nr Fz Niece” 3 WASHINGTON: ae, GOVERNMENT PRINTING OFFICE. Se 1904. NORTH AMERICAN WARBLERS Us; DEPARTMENT OF AGRICULTURE DIVISION OF BIOLOGICAL SURVEY—BULLETIN No. 18, C. HART MERRIAM, Chief. DISTRIBUTION AND MIGRATION OFr NORTH AMERICAN WARBLERS: BY WerIusS WW. COOKE ASSISTANT, BIOLOGICAL SURVEY. +) Ro DER ibe: ae ealnnes i ne mill Ibi je: =| fe A 0 =| ——= ee. a = .e & 6. .S 0 a ya ee WASHINGTON: GOVERNMENT PRINTING OFFICE. 1904. LETTER OF TRANSMITTAL. U.S. DEPARTMENT OF AGRICULTURE, BroLocicaL SURVEY, Washington, D. C., August 1, 1904. Str: I have the honor to transmit herewith for publication as Bulletin No. 18 of the Biological Survey a report on the Distribu- tion and Migration of North American Warblers, by Wells W. Cooke, an assistant in the Survey. Respectfully, C. Hart Merriam, Chief, Biological Survey. Hon. JAMES WILSON, Secretary of Agriculture. VON EEN TS: Introduction... .-. Pa re ene ee a ee Mena ee ee rem ner mE emTINC INO NES ae ee ee oe Be Bl ae hn waa eaeeaes ono ue EneeMd oie. UO; malaMasy 2. 226. aes dl kes kde eee ee Cee Ragin GUNA ek ie ta ee he at oe nie dees 2 Se Bee ee esomnmlogidar tor Y UCaban.: 4. 22a. feels et oe D el a ese Nornern«coast of the Gull. of Mexico southward... 2....-..-=-:-2-s.--- Hier Rupe Re XICOMON MANO 20 oe au Git So ade ctl t es Sse oe Sa Ss ietermemiorznon route to Mexico:s: 5.2... 2-2 .2.-- sie.) eeane tense Wccacional routes to or through Guba or Yucatan -......:.-.-.----2.---. Southernmost extension of winter ranges of warblers of eastern North America. Species that range to the mainland of South America .....-...---------- Species known to range to but not beyond Panama .._..-2....-.------.- Species entering Mexico and Central America but not known to reach LP ENSSGP SW o, 3 Sutei S iat aN a a a Species that winter in the southern United States or the West Indies. - -- Re ete @ere monet ot oa ee ek a el aR A DISTRIBUTION AND MIGRATION OF NORTH AMERICAN WARBLERS. INTRODUCTION. The warblers are birds of wide distribution. They occur in summer in greater or less abundance over nearly the whole of North America except the arid lands of the Southwest and the Barren Grounds of the far North. Though of small size they are brightly colored, and during the migrations they come in such numbers, both of species and individuals, that they often form the most conspicuous part of a bird wave, and their return is awaited with eagerness by students of migration. In spring the lover of the beautiful finds among them brilliant colors in multiple variety; the practiced ear is taxed to dis- tinguish their faint songs dropping from the tree tops; and the experi- enced ornithologist feels a pleasurable excitement in scanning each individual of the passing host as he seeks the rarity that will more than repay the time spent in the search. In the fall, when the same bands in less conspicuous garb return with the season’s offspring, even the skilled observer finds himself perplexed to identify every species as it passes—singly, by twos and threes, in restless flocks, or in the swarming numbers of the bird wave. The family of warblers is a large one, its members in the United States numbering over seventy species and subspecies. These, in the distances they travel in migration and in the size of the areas they occupy during the breeding season, present an enormous range of variation. Some, as the yellow warbler (Dendroica xstiva) and the yellow-breasted chat (/cteria virens), breed over the greater part of the United States, excepting the arid areas, and make long flights in migration; while others, as the Belding yellowthroat ((Geothlypis beldingi), are restricted to areas only a few square miles in extent, where they remain the year around. Among the birds that perform regular migrations are some that go only a few miles, as the Florida yellowthroats (Geothlypis trichas ignota), that cross back and forth between Cuba and the Gulf States, and others that travel many thousands of miles, as the black-poll warblers (Dendroica striata) that nest in Alaska and northern Canada and spend the winter in South America, from Brazil to Chile. From the foregoing it is obvious that the size of the area occupied in winter varies enormously— thus, Lor ( 8 NORTH AMERICAN WARBLERS. at this seascn the Swainson warbler (//elinaia swainsoni) is restricted to the island of Jamaica, while the yellow warbler (Dendroica exstiva and its subspecies) is distributed from western Mexico to French Guiana. ROUTES OF MIGRATION. In passing between the United States and their winter homes, war- blers use all the routes followed by other species of birds. The belief of the writer is that when birds begin to migrate in the fall, their path of migration is the full width of the breeding range, but that owing to the conformation of the North American continent, the lines of flight taken by individual birds necessarily converge so that as a species proceeds southward, the width of the region occupied by it becomes less. The kingbird (Zyrannus tyrannus) affords a more striking example of this than can be found among the warblers. Its summer home—from Newfoundland to British Columbia—has a width of 2,800 miles; its paths of migration converge until in the southern United States from southern Florida to the mouth of the Rio Grande their total width is 900 miles. Continuing southward, the eastern edge of this path or belt appears to extend from southern Florida to Yucatan, but the western edge is less sharply defined; few individuals of the species seem to travel west of a line drawn from Corpus Christi ‘to Tabasco. Thus in the latitude of southern Yucatan the migration path is scarcely 400 miles wide, and the great bulk of the species Pee ably move in a belt less than half this onal. ~ When the warblers pass beyond the southern boundary of the United States, the width and destination of their paths of migration vary greatly among the different species. Some go to the Bahamas and not to Cuba, others to Cuba and not to Yucatan, or to Yucatan and not to Cuba. In the case of wide-ranging species, like the black and white warbler or the redstart, it is probable that some individuals cross from northern Florida to the northern Bahamas, others from centrsl Florida to the central or southern Bahamas, others from southern Florida to Cuba, others from northwestern Florida to Yucatan, and still others from points to the west of these localities. These different lines of flight -between the southern boundary of the United States and the countries to the south are called in this publication migration routes, but they are not to be considered definite paths with exact boundaries, but merely minor subdivisions of a great migration route that pass insensibly into each other. The principal subdivisions, or routes, are the following: | $53 1. United States to the Bahamas. 2. Florida to Cuba. — . Western. Florida to Yucatan. Northern coast of the Gulf of Mexico sun = . Texas.to' Mexico by land. . Western United States to Mexico. - eee ROUTES OF MIGRATION. —__ Ag In the lists that follow the species known to use each of the principal migration routes are mentioned. The mention of a species, however, must not be understood as meaning all the individuals of that species, but only a greater or smaller number. In each case it is probable that species other than those enumerated make use of the same route, but records are lacking. UNITED STATES TO THE BAHAMAS. Some individuals of the following species migrate from the United States to the Bahamas, and find their farthest extension either in the West Indies (at the points mentioned below), on the island of Trini- dad, or on the mainland of South America: Black and white warbler ( Mniotilta varia). Guadeloupe (Leeward Islands). Worm-eating warbler (Helmitheros vermivorus). Great Inagua (Bahamas). . Parula warbler (Compsothlypis americana). Barbados (Windward diel eH 8). Cape May warbler (Dendroica tigrina). Tobago. Black-throated blue warbler (Dendroica cerulescens). Haiti. Myrtle warbler (Dendroica coronata). Porto Rico. Black-poll warbler (Dendroica striata). ‘Trinidad. Yellow-throated warbler (Dendroica dominica). Porto Rico. Kirtland warbler (Dendroica kirtlandi). Caicos (Bahamas). Palm-warbier. (Dendroica palmarum). Porto Rico. Prairie warbler (Dendroica discolor). St. Christopher (Leeward Islands). Oven-bird (Seiurus aurocapillus). St. Croix (Leeward Islands). Water-thrush (Seiurus noveboracensis). Trinidad. Louisiana water-thrush (Seiurus motacilla). Antigua (Leeward Islands). Connecticut warbler (Geothlypis agilis). Bahamas; Brazil; Colombia. - Maryland yellow-throat (Geothlypis trichas). North Bahamas. ' Northern yellow-throat ( Geothlypis trichas brachidactyla). Bahamas. Redstart (Setophaga ruticilla). Trinidad. Land birds do not use the line of the West Indies from the Bahamas eastward as their common route of migration between the United States and South America. Some 37 species of these, including 18 warblers, cross from Florida to the Bahamas, and about 18 of them, 12 being Pablo continue east to Porto Rico, while only 6 are Eagan to pass to the Windward Islands, Trinidad, a South America. On the other hand, about 50 species oe land birds migrate from the east- ern United Biates to South America without being “noma to enter the Lesser Antilles. FLORIDA TO CUBA. The best known route is between Florida and Cuba. It is regularly used by individuals of the following species: Black and white warbler ( Mniotilta varia) : Swainson warbler (Helinaia swainsont).. To Jamaica Worm-eating warbler (Helmitheros vermivorus).. Bachman warbler (Helminthophila bachmant) . Parula warbler ( Compsothlypis americana).; Cape May warbler (Dendroica tigrina). 10 NORTH AMERICAN WARBLERS. Black-throated blue warbler (Dendroica cxrulescens). Myrtle warbler (Dendroica coronata). Black-poll warbler (Dendroica striata). Yellow-throated warbler (Dendroica dominica). Palm warbler (Dendroica palmarum). Prairie warbler (Dendroica discolor). Oven-bird (Seirus aurocapillus). Water-thrush (Seiwrus noveboracensis ). Louisiana water-thrush (Seiwrus motacilla). Florida yellow-throat ( Geothlypis trichas ignota). Northern yellow-throat ( Geothlypis trichas brachidactyla). Redstart (Setophaga ruticilla). WESTERN FLORIDA TO YUCATAN. The next migration route to the westward is from western Florida to Yucatan directly, without touching southern Florida or Cuba. This route is used by individuals of the— Yellow warbler (Dendroica exstiva). Magnolia warbler (Dendroica maculosa). Black-throated green warbler (Dendroica virens). Hooded warbler ( Wilsonia mitrata) . It is also probably used to a greater or less extent by many other species, but this can not at present be proved. NORTHERN COAST OF THE GULF OF MEXICO SOUTHWARD. Many species leave the United States along the coast from western Florida to the region about Galveston, Tex., and fly across the Gulf of Mexico. , This route is used by individuals of the following species: Black and white warbler (Mniotilta varia). Prothonotary warbler ( Protonotaria citrea). Worm-eating warbler ( Helmitheros vermivorus). Golden-winged warbler (Helminthophila chrysoptera). Parula warbler (Compsothlypis americana). Yellow warbler (Dendroica estiva). Magnolia warbler (Dendroica maculosa). Cerulean warbler (Dendroica cerulea). Chestnut-sided warbler (Dendroica pensylvanica). Bay-breasted warbler (Dendroica castanea). Blackburnian warbler (Dendroica blackburniz). Black-throated green warbler (Dendroica virens). Oven-bird (Seiurus aurocapillus) . Water-thrush (Seiurus noveboracensis). Kentucky warbler ( Geothlypis formosa) . Mourning warbler (Geothlypis philadelphia). Yellow-breasted chat (Icteria virens) . Hooded warbler ( Wilsonia mitrata). Canadian warbler ( Wilsonia canadensis) . Redstart (Setophaga ruticilla). ROUTES OF MIGRATION. fy TEXAS TO MEXICO BY LAND. Some individuals of the following species enter eastern Mexico by land from Texas. With one exception they represent species whose winter home is more commonly reached by a flight across the Gulf of Mexico. The exception is the orange-crowned warbler (//elmin- thophila celata) which seems to avoid a water trip and to go entirely by land to Mexico. Black and white warbler (Mniotilta varia). Blue-winged warbler (Helminthophila pinus). Nashville warbler (Helminthophila rubricapilla). Orange-crowned warbler (Helminthophila celata). Tennessee warbler (Helminthophila peregrina). Parula warbler (Compsothlypis americana). Yellow warbler (Dendroica xstiva) . Myrtle warbler (Dendroica coronata) . Magnolia warbler (Dendroica maculosa). Chestnut-sided warbler (Dendroica pensylvanica). .Blackburnian warbler ( Dendroica blackburniz). Sycamore warbler (Dendroica dominica albilora). Black-throated green warbler (Dendroica virens). Oven-bird (Seirus aurocapillus). Water-thrush (Seiwrus noveboracensis). Louisiana water-thrush (Seiurus motacilla). Northern yellow-throat ( Geothlypis trichas brachidactyla). Western yellow-throat ( Geothlypis trichas occidentalis). Yellow-breasted chat (Jcteria virens). Hooded warbler (Wilsonia mitrata) . Wilson warbler ( Wilsonia pusilla). Canadian warbler (Wilsonia canadensis). Redstart (Setophaga ruticilla). Of the species just given, a few show a tendency to migrate farther Gest than the others. In general it may be said that the winter range is seldom west of the breeding range. The principal direction of migration is of course south, and those individuals that have a choice of moving to the east or to te west of south almost always proceed eastward. An exception to this rule is found in the case of the following species, which extend in western Mexico to the localities mentioned: Black and white warbler (Mniotilta varia). Mazatlan. Sycamore warbler (Dendroica dominica albilora). Tepic. Oven-bird (Seiurus aurocapillus). Mazatlan. Louisiana water-thrush (Seiwrus motacilla). Mazatlan. It is noteworthy in this connection that two of these, the black and white warbler and the oven-bird, have been taken as rare visitors to the Rocky Mountains; and it is possible that it is these western stragglers that winter in western Mexico. 12. NORTH AMERICAN WARBLERS. WESTERN MIGRATION ROUTE TO MEXICO. ‘The- westernmost part of the great migration route between the United States and the countries to the south is used by the following species that migrate by land to Mexico: Lucey warbler (Helminthophila lucie). Virginia warbler (Helminthophila virginie). Calaveras warbler ( Helininthophila rubricapilla gutturalis). Lutescent warbler (Helminthophila celata lutescens). Sennett warbler (Compsothlypis pitiayumi nigrilora). Olive warbler (Dendroica olivacea).- | Sonora yellow warbler (Dendroiea xstiva sonorana). Alaska yellow warbler (Dendroica zstiva rubiginosa). Audubon warbler (Dendroica audubont). Black-fronted warbler (Dendroica auduboni ETS Grace warbler (Dendroica graciz). Black-throated gray warbler (Dendroica nigrescens) . Golden-cheeked warbler (Dendroica chrysoparia). Pacific yellow-throat (Geothlypis trichas arizela). Townsend warbler (Dendroica townsendi). ; Hermit warbler (Dendroica occidentalis). Grinnell water-thrush (Seiwrus noveboracensis notabilis) . Macgillivray warbler (G'eothlypis tolmiet) . Western yellow-throat (Geothlypis trichas occidentalis). — _ Rio Grande yellow-throat ( Geothlypis poliocephala) . Long-tailed chat (Jcteria virens longicauda). Pileolated warbler ( Wilsonia pusilla pileolata). (csolden pileolated warbler ( Wilsonia pusilla ey Painted redstart (Setophaga picta). Red-faced warbler ( Cardellina rubrifrons). The lines of migration so far given cover the principal routes by which the birds of the United States reach their winter quarters. There is another route which can not. be mapped owing to lack of data. Indeed, its existence is largely inferential., Several species that occur in the } Mississippi Valley and the Allegheny Mountains reach Middle America in winter, but are not known regularly in migration in Florida, Cuba, Vieatan or northeastern Mexico. It is thus certain that these species pass from the Mississippi Valley and the Allegheny Mountains to Middle America, but the point of departure from the United States and the point of arrival in Middle America are not yet known. It seems probable that the birds cross directly to the heavy, damp forests that cover the lowlands of eastern Honduras, the southern parts of Yucatan and Campeche, and the highlands of north- western Guatemala, but not until this region, as yet unvisited during — the fall migration, has been thoroughly explored, can any exact knowl-. edge on the point be obtained. - Species that appear largely to use this route are the following: Sn ae ROUTES OF MIGRATION. £3 Blue-winged warbler. (Helminthophila pinus): Nashville warbler (Helminthophila rubricapilla). ° Tennessee warbler (Helminthophila peregrina). Wilson warbler ( Wilsonia pusilla). It is probable also that this route is used by many individuals of the following species: Cerulean warbler (Dendroica cerulea). Chestnut-sided warbler (Dendroica pensylvanica).. Blackburnian warbler (Dendroica blackburniz). Mourning warbler ( Geothlypis philadelphia). It seems probable that not all birds in their migrations north across the Gulf of Mexico alight. as soon as they reach the coast of the United States. How far they penetrate into the interior before they descend is not known, but the latitude reached. probably approxi- mates the northern edge of the Gulf strip of the Austroriparian li/e zone—that is, slightly north of the latitude of the northern boundary of Florida. More or less strong reasons exist for believing that some individuals of each of the following species sometimes fly inland before | alighting: _ Black and white- warbler (Mniotilta varia). Nashville warbler (Helminthophila rubricapilla). Yellow warbler (Dendroica exstiva). Magnolia warbler (Dendroica maculosa). Cerulean warbler (Dendroica cerulea) . Chestnut-sided warbler Dendroica pensylvanica). Bay-breasted warbler (Dendroica castanea). - Blackburnian warbler (Dendroica blackburniz). Mourning warbler ( Geothlypis philadelphia) . Yellow-breasted chat (Icteria virens). Wilson warbler ( Wilsonia pusilla). Redstart (Setophaga ruticilla). OCCASIONAL ROUTES TO OR THROUGH CUBA OR YUCATAN. Mention should be made of two other possible routes that have not yet been noticed—one from Cuba to Yucatan, the other from Cuba to South America. It is undoubtedly true that certain day-migrants (the swallows, for instance) cross between Cuba and Yucatan, but of the night-migrants, such as the warblers, there seems at present no proof that any use this as a regular path of migration. The fact that a com- paratively small number of species of warblers are found as regular visitors to both Cuba and Yucatan would create a presumption against this route being much used, while some of the warblers certainly do not follow it. The three following lists make these points clearer. SPECIES THAT OCCUR REGULARLY IN BOTH CUBA AND YUCATAN. Black and white warbler ( Mniotilta varia). Parula warbler (Compsothlypis americana) . 14 NORTH AMERICAN WARBLERS. Myrtle warbler (Dendroica coronata). Oven-bird (Seiwrus aurocapillus). Water-thrush (Seiwrus noveboracensis). Louisiana water-thrush (Seiwrus motacilla). Northern yellow-throat ( Geothlypis trichas brachidactyla) . Redstart (Setophaga ruticilla). - SPECIES THAT OCCUR REGULARLY IN CUBA BUT NOT IN YUCATAN. Bachman warbler (Helminthophila bachmani). Black-throated blue warbler (Dendroica cxrulescens). Yucatan once. Black-poll warbler (Dendroica striata). Yellow-throated warbler (Dendroica dominica). SPECIES THAT OCCUR REGULARLY IN YUCATAN BUT NOT IN CUBA. Prothonotary warbler (Protonotaria citrea). Yellow warbler (Dendroica exstiva). Magnolia warbler (Dendroica maculosa). Blackburnian warbler (Dendroica blackburniz). Sycamore warbler (Dendroica dominica albilora). Black-throated green warbler ( Dendroica virens). Hooded warbler ( Wilsonia mitrata). Not enough data have been accumulated to permit any exact state- ment as to the species of warblers, if any, that cross from Cuba to South America. It is known that some other birds, as the bobolink (Dolichonyx oryzivorus) and Florida kingbird (7yrannus dominicensis), pass over this route in large numbers. That warblers seldom cross the Caribbean Sea is probable from the fact that of nearly a score of species that occur in the eastern United States and also in South America, only the following 6 occur regularly in Cuba. SPECIES THAT OCCUR IN P’ «3+. CUBA AND SOUTH AMERICA. Black and white warbler (Mniot. aria). Black-poll warbler (Dendroica striata). Oven-bird (Seiurus aurocapillus). Water-thrush (Seiwrus noveboracensis). Louisiana water-thrush (Se:urus motacilla). Redstart (Setophaga ruticilla). SOUTHERNMOST EXTENSION OF WINTER RANGES OF WARBLERS OF EASTERN NORTH AMERICA. The following tables show the southernmost limits at which the various species of eastern warblers have been recorded in winter. SPECIES THAT RANGE TO THE MAINLAND OF SOUTH AMERICA. Black and white warbler ( Mniotilta varia.) Colombia, Venezuela, Ecuador. Prothonotary warbler (Protonotaria citrea). Colombia, Venezuela. Blue-winged warbler ( Helminthophilapinus). Colombia—one accidental occurrence. Golden-winged warbler (Helminthophila chrysoptera). Colombia. WINTER RANGES. LS Tennessee warbler (Helminthophila peregrina). Colombia, Venezuela. Yellow warbler (Dendroica exstiva). Colombia, Venezuela, British, Dutch, and French Guiana, Brazil, Ecuador, Peru. Black-throated blue warbler (Dendroica cxrulescens). Colombia; one accidental occurrence. Cerulean warbler (Dendroica cerulea). Colombia, Ecuador, Peru, Bolivia. Bay-breasted warbler (Dendroica castanea). Colombia. Black-poll warbler (Dendroica striata). Colombia, Venezuela, British Guiana, French Guiana, Brazil, Peru, Chile, Ecuador. Blackburnian warbler (Dendroica blackburnx). Colombia, Venezuela, Ecuador, Peru. Oven-bird (Seiurus aurocapillus). Colombia—rare. Water-thrush (Seiuwrus noveboracensis). British Guiana, Venezuela, Colombia. Grinnell water-thrush (Seiurus noveboracensis notabilis). Colombia. Louisiana water-thrush (Seiurus motacilla). Colombia—rare. Kentucky warbler ( Geothlypis formosa). Colombia. Connecticut warbler ( Geothlypis agilis). Colombia, Brazil. Mourning warbler (Geothlypis philadelphia). Colombia, Ecuador. Canadian warbler ( Wilsonia canadensis). Colombia, Ecuador, Peru. Redstart (Setophaga ruticilla). Colombia, Venezuela, Ecuador, British Guiana. SPECIES KNOWN TO RANGE TO BUT NOT BEYOND PANAMA. Worm-eating warbler (Helmitheros vermivorus). ' Myrtle warbler (Dendroica coronata). Magnolia warbler (Dendroica maculosa). Chestnut-sided warbler (Dendroica pensylvanica). Black-throated green warbler (Dendroica virens). Northern yellow-throat ( Geothlypis trichas brachidactyla). Hooded warbler ( Wilsonia mitrata). SPECIES THAT ENTER MEXICO AND CENTRAL AMERICA BUT ARE NOT KNOWN TO Ri ‘“H PANAMA. Blue-winged warbler (Helminthophila pinus, \icaragua; one accidental occur- rence in Colombia. Nashville warbler (Helminthophila rubricapilla). Mexico. Guatemala—straggler. Orange-crowned warbler (Helminthophila celata). Mexico. Parula warbler (Compsothlypis americana). Nicaragua. Black-throated blue warbler (Dendroica cxrulescens). Guatemala—one accidental occurrence. Sycamore warbler (Dendroica dominica albilora). Costa Rica. Palm warbler (Dendroica palmarum). Yucatan. Yellow-breasted chat (Icteria virens). Costa Rica. Wilson warbler ( Wilsonia pusilla). Costa Rica. SPECIES THAT DO NOT REGULARLY WINTER ON THE MAINLAND SOUTH OF THE UNITED STATES, BUT REMAIN IN THE SOUTHERN STATES OR THE WEST INDIES. Swainson warbler (Helinaia swainsoni). Jamaica. Accidental in Mexico—one record. Bachman warbler (Helminthophila bachmani). Cuba. 16 : NORTH AMERICAN WARBLERS. Cape May warbler (Dendroica tigrina). West Indies. Key West—rare or acci- dental. Accidental in Yucatan—one record. Black-throated blue warbler (Dendroica cerulescens). West Indies. Key West— sometimes not uncommon. Accidental in Guatemala and Colombia. Yellow-throated warbler (Dendroica dominica).. West Indies. Florida and locally along coast to South Carolina. Accidental in Yucatan—one record. ‘‘ Kirtland warbler (Dendroica kirtlandi): Bahamas. Pine warbler (Dendroica vigorsii).¢ United States north to Virginia, Illinois, ete. Accidental in Mexico; one record. Yellow palm warbler (Dendroica palmarum hypochrysea). United States. Sclater and Salvin, P. Z..S., p. 780, 1870. Ernst, Rev. Cient. Univ. Venez. I, 33, 1887; Flora & Fauna Venez., Pool Si 7. ¢Orton, Am. Nat., V, p. 623, 1871. - @ Bangs, Proc. N. E. Zool. Club, III, p. 63, 1902. e¢ Ridgway, Proc. U. 8S. Nat. Mus., X, p. 578, 1888. f Salvin, Ibis, p. 246, 1888. 9 Boucard, P. Z. S., p. 440, 1883. h Ridgway, Auk, VIII, p. 338, 1891. #Cory, Auk, VIII, p. 447, 1891. J Lawrence, Proc. U. 8. Nat. Mus., VIII, p. 621, 1885, 20) NORTH AMERICAN WARBLERS. The full records are: Alligator Reef, March 4, 1889; Sombrero Key, March 7, 1887, March 10, 1888, and March 3 and 11, 1889. The average date of earliest arrival at Raleigh, N. C., from 1885 to 1899, inclusive, is March 27, with extremes of March 19, 1894, and April 1, 1885. At Statesville, directly west of Raleigh and but little higher, the average date of earliest arrival in 1885, 1887, and 1888 is also March 27. Corresponding records have been received from Chapel Hill, Greensboro, and the southern part of Bertie County, while near Asheville, N. C., in the mountains, at 2,000 feet, the average date of arrival for the five years 1890 to 1894 is April 3. The statements of writers on the migration of this species through Florida, etc., may be thus summarized: Tarpon Springs, first arrival during the last part of March; Palatka, first arrival March 13, 1885— species common March 24; first arrival at Gainesville, March 15, 1887; — at Pensacola, March 21, 1885; at Perdido Light, March 22, 1885; at Shelby, Ala., March 18, 1898; at Coosada, Ala., March 13, 1878; near Beaufort, S. C., April 6, 1885, April 5, 1889, and March 29, 1887; and at Savannah, Ga., April 1, 1894. The average of nine years at Kirkwood, Ga., is April 2, with extremes of March 21, 1899, and April 10, 1895. Farther north some average dates of arrival are recorded as follows: French Creek, W. Va., April 13; Washington, April 13; Beaver, Pa., April 22; Philadelphia, April 27; Englewood, N. J., April 26; southeastern New York, April 28; central Connecti- cut, April 28; eastern Massachusetts, April 28; southern New Hamp- shire, May 1; southern Maine, May 3; Montreal, May 9; Quebec, May 12; St. John, New Brunswick, May 14; North River, Prince Edward Island, May 17. ! The Mississippi Valley furnishes two extended and excellent sets of records of first arrival of this species—at Helena, Ark., and Eubank, Ky. At Helena the average for the six years from 1896 to 1901 is March 31, with extremes of March 21, 1897, and April 7, 1901. The record of eight years at Eubank, Ky., is remarkably regular for a single species at a single place: April 3, 1887, April 1, 1888, April 4, 1889, April 3, 1890, April 3, 1892, April 2, 1893, April 3, 1894, April 6, 1895, average, April 3. No records south of Helena harmonize — with these. If the birds alight on the Gulf coast and then move northward, they should be abundant at New Orleans and should be seen there on the average about March 20, and sometimes several days earlier. The facts are that they are not common at any place in south- ern Louisiana and southern Mississippi, and the dates of arrival are late: Near New Orleans, April 8, 1898, March 31, 1899, March 25, 1900; Shell Mound, Miss., April 7, 1892; Rodney, Miss., April 2, 1889. 2 NORTH AMERICAN WARBLERS. April 10, 1891; Dallas, April 20, 1898, April 21, 1899; Bonham, April 18, 1885, April 16, 1886, April 16, 1887, April 25, 1890, April 20, 1891; Gainesville, April 17, 1885, April 29, 1886, April 26, 1887. A fair average date at San Antonio is April 10 and at the Red River April 19. A long series of observations at Onaga, Kans., directly north of Dallas, gives May 4+ as the average date of arrival for eleven years. The average time of the journey from San Antonio to Onaga, a dis- tance of 685 miles, is therefore twenty-four days, and the daily rate of speed 29 miles per day. This is quite close to the average speed along the Atlantic coast. Hence the records for the Mississippi River are evidently quite different from those to the east and to the west. They are not explainable in accordance with the commonly accepted ideas of bird migration, and are one set of a series of data that are accumulating that indicate that not all birds that cross the Gulf of Mexico cease their flight upon reaching land. Fall migration.—Chats do not occur in Florida nor in any of the West India islands, and the numbers that pass through Texas are but a small fraction of those that are found in the eastern part of the United States. Hence the great majority must reach their winter home by a flight across the Gulf of Mexico. In the fall the chat migrates early. It deserts in August the northern limit of its range, and by the 1st of September few individuals are left north of latitude | 39°. Some records of the last noted are: Englewood, N. J., August 29, 1885; Renovo, Pa., September 21, 1897; Philadelphia, September 24, 1889; Washington, September 19, 1886; Raleigh, N. C., September 1, 1888; New Orleans, September 12, 1899, and Bonham, Tex., Septem- ber 20, 1889. 683a. Icteria virens longicauda (Lawr.). Long-tailed Chat. Breeding range.—The long-tailed chat inhabits the western United States from the Great Plains westward, but is found principally in the lower districts, breeding to about 6,500 feet. It breeds from central Jalisco, Guanajuato, and the City of Mexico to North Dakota, southern Montana, and central British Columbia. Winter range.—The parties of the Biological Survey in Mexico found the western form of the chat on the western coast and the higher central plateaus. They took it in Chihuahua, Durango, Jalisco, Guanajuato, Colima, Michoacan, Morelos, and western Puebla, and in Oaxaca to Cuicatlan on the Atlantic slope and Pochutla on the Pacific side. There seems to be some question of the extension of the range of longicauda farther than Oaxaca. The collections of the National Museum and the Biological Survey furnish only negative evidence in this respect. The specimens taken by six different collectors in Gua- HOODED WARBLER. Le: temala, in both highlands and lowlands, are distintly of the eastern variety. Sumichrast’s specimens from Tehuantepec are eastern, and all those taken at Chicharras on the Pacitic slope of Chiapas, where the species is rather common, are unquestionably so.. If, then, /ongi- cauda does occur in Guatemala and Honduras, as has been claimed,@ it would appear from the above evidence that it can not be the common winter variety of this region. The Biological Survey parties did not find longzcauda farther north in winter than Colima and Morelos, but Colonel Grayson reports it common from October to April as far north on the coast as Mazatlan. The summer and winter habitats of the long-tailed chat approach very closely, if they do not slightly overlap. If it be true that the bird does not winter farther southeast than Oaxaca, then the indi- viduals that breed in central Mexico perform at the most a migration of but 500 miles, while those nesting in British Columbia have a migra- tion route of not less than 2,000 miles in length. Spring migration.—The long-tailed chat enters southern California about April 18, arrives in the central part of the State about April 22, and during the first week in May appears in Oregon and in northern Colorado. 684. Wilsonia mitrata (Gmel.). Hooded Warbler. Breeding range.—The strongly marked colors of the hooded warbler make the species well known wherever it occurs, and consequently a great many records of its distribution exist. It is a bird of the heavy forest of the Carolinian and Austroriparian faunas, and is very abun- dant near the mouth of the Mississippi and common up that river to central Illinois. It is a rare breeder west of the Mississippi, but extends its range at least to southeastern Nebraska and eastern Kansas. In Texas it is not uncommon in migration along the coast, and is also found, though sparingly, inland as far as San Antonio and Waco. It is abundant from Illinois to the Atlantic coast and south to Florida; also in western and southeastern New York, some parts of southern Con- necticut, and in the mountains of the Carolinas up to 3,000 feet. Itis rare in southeastern Wisconsin, central Michigan, southern Ontario, and Massachusetts. In northern Florida it is a common migrant, but rare in the southern part of the State. It has been once recorded from the Bahamas.’ There are no breeding records from Texas and Florida. Winter range.—The northern coast of Middle America from Vera Cruz to Panama comprises the principal winter home of the hooded warbler. The center of abundance is from Yucatan and Guatemala to southeastern Nicaragua. In eastern Mexico a hooded warbler was seen a@Sharpe, Cat. Birds Brit. Mus., X, p. 376, 1885. 6 Bonhote, Auk, XX, p. 173, 1903. 1224 NORTH AMERICAN WARBLERS. at Alta Mira,“ and another was noted at Tamaulipas November 20, 1894. The parties of the Biological Survey took a specimen at Mot- zorongo, Vera Cruz, in the spring of 1894 and another at Alta Mira in April, 1898. Long previous to these dates Sallé and Sumichrast recorded the bird from Cordoba and Orizaba, Vera Cruz. The species is not uncommon in winter in Yucatan, and during the spring migra- tion is abundant both there and in Tabasco and Campeche. It occurs in winter over most of Guatemala from sea level to about 5,000 feet. Apparently the only record of its occurrence on the Pacific side of mid- dle America is at Retalhuleu in southwestern Guatemala. It is a not uncommon winter resident of the islands off the east coast of Yucatan. It has been taken in September on the islands of Ruatan and Bonacca? off the coast of Honduras, on the mainland at Truxillo,’ and in central Honduras at Comayagua (3,000 feet). From September to February it is an abundant winter resident along the coast of southeast Nicara- gua,” and is probably more common in Costa Rica than the single rec- ord for that country would indicate. Several specimens have been taken on the Atlantic coast of Panama, but it has not been traced as yet to the mainland of South America. It is thus seen that in winter the hooded warbler is principally a bird of the heavy forestsalong the coast, with a few individuals penetrating to the forests of the interior nd up to an altitude of nearly 5,000 feet. Spring migration.—The main migration route of the hooded warbler in spring is from southern Mexico to Louisiana, The species arrives no earlier in Louisiana than in Florida or Texas. The average date of arrival in northern Florida is March 28; at New Orleans, March 25, and in central-eastern Texas, March 22. This isa closer agreement in time of arrival at the three localities than has been found in the case of any other migrant. Some closely agreeing Florida dates in 1885 are: Perdido Light, March 19; Pensacola, March 21, and Palatka, March 23. The extremes of arrival in Florida are March 18, 1887, and April 2, 1884; at New Orleans, March 8, 1896, and March 31, 1901; and in Texas, March 13, 1899, both at Corpus Christi and in Refugio County, and March 31, 1890, at San Antonio. , Following the Florida route northward, the first hooded warblers seen in 1885 were noted on April 5 at Savannah, Ga., and on the same date also at Rising Fawn, diagonally across the State, in the extreme northwestern part. The average date of arrival for eight years at Kirkwood, Ga., is April 10, with extremes of April 6, 1897, and April 15, 1899—the least variation in arrival of any of the species reported from this place. The first hooded warblers to arrive in 1885 at Frog- @ Richmond, Proc. U. S. Nat. Mus., X VIII, p. 632, 1896. 6 Salvin, Ibis, p. 253, 1888. ¢ Ridgway, Proc. U. S. Nat. Mus., X, p. 579, 1888. d Richmond, Proc. U. 8. Nat. Mus., XVI, p. 485, 1893. HOODED WARBLER. ROG more, S. C., were seen April 10. At Walke, N. C., on the northeast coast, first arrivals were noted on April 3, 1892, and April 6, 1893. These coast records are comparatively earlier than those from the inte- rior. A surprising fact of the spring migration of the hooded warbler is that there is no difference between the dates of arrival of the bird at Raleigh, N. C., only 300 feet above sea level, and at Asheville in the mountains, at 2,000 feet. With other species, arrival in the mountains is from six to ten days later than on the plains; but in the case of the hooded warbler the average date for the same six years’ period at both points falls on the same day, April 19, with extremes of April 10, 1893, and April 23, 1892, at Raleigh, and April 12, 1893, and April 24, 1892, at Asheville. Records of arrival still farther north are: Lynchburg, Va., April 29; Washington, May 2; Englewood, N. J., and southern New York, May 4; Branchport, N. Y., May 13, and Buffalo, N. Y., May 20. A hooded warbler was noted on May 10, 1903, at Bridgeport, Conn. The migration of the species up the Mississippi River gives less concordant dates. The average date of arrival at New Orleans, March 25, has already been given. The average for five years at Helena, Ark., is April 10, or sixteen days later in an advance of 300 miles. The next 300 miles to St. Louis is made in almost the same time, since the average date for five years at this place is April 24. The dates of arrival are somewhat more uniform at St. Louis than at Helena. At the former place the extremes are April 21, 1886, and April 28, 1887, while at Helena the extremes are April 3, 1898, and April 17, 1901. There is an excellent set of notes from Eubank, Ky., for the seven years from 1889 to 1895. The average date of arrival is April 14, with extremes of April 8, 1890, and April 20, 1895. Eubank is 150 miles from Asheville, N. C., and nearly northwest, yet the average date at Eubank is five days earlier than at Asheville, which indicates that the birds reach Eubank from the southwest by way of the Mis- sissippi Valley. Central Indiana is reached about April 29, southern Michigan and southern Wisconsin May 13, and southeastern Iowa May 10. The migration route by way of Texas can not be traced north of the State. The few individuals that pursue this route merge into the general army along the Mississippi River. Fall migration.—The hooded warbler is the only one of the war- blers reported as striking any of the lighthouses of Florida that has not been taken at Sombrero Key. The only lighthouse records of the species for the State are of two birds that struck near St. Augustine. The facts that the hooded warbler is rare on the mainland of southern Florida and has not been taken at the three lighthouses in this part of the State and has been seen but a few times in Cuba and Jamaica, and yet is common in northern Florida and Yucatan, show plainly that the southward route of migration of the bird passes directly from é 126 NORTH AMERICAN WARBLERS. Florida and not by way of Cuba. Hooded warblers, fresh from their trip across the Gulf, were observed in numbers around Perdido Light, in northwestern Florida, March 22 and 26, 1885, and they were once seen in large numbers at sea, when they still lacked 30 miles of reaching the coast, during their migration from Central America to Louisiana. The species begins in August to migrate south. The earliest recorded date of migration in Chester County, 8. C.,is August 6. Southbound migrants have been noted at Key West, Fla., August 30, 1887, and August 19, 1889; at Bonacca Island, Honduras, in Sep- tember; at Truxillo, Honduras, September 26, 1887, and in southeastern Nicaragua, September 24, 1892. The date of arrival in Nicaragua would allow sufficient time for the species to cross at one flight to Yucatan and then proceed leisurely south along the coast. The bulk of the species leave the northern breeding grounds by the middle of September. The last fallmigrants have been noted at Renovo, Pa., September 26, 1900, October 13, 1903; Beaver, Pa., September 25, 1890, October 38,1891; Englewood, N. J., September 15, 1886; Wash- ington, September 15, 1890; Frenchcreek, W. Va., September 29, 1892; Lynchburg, Va., October 10, 1899; Raleigh, N. C., October 1, 1891; Asheville, N. C., September 20, 1890; Sedan, Ind., October 5, 1893; Brookville, Ind., October 20, 1884; Eubank, Ky., September 29, 1889, and New Orleans, October 19, 1895 and 1897, October 25, 1899. The latest record for the United States is of the probably accidental occurrence of the bird at Germantown, Pa., November 19, 1887. Undoubtedly most of the migrants cross directly to the coast of southern Mexico, and only a scattering few continue down the coast of Texas. Few places along the Gulf coast from Corpus Christi southward are adapted to the needs of the bird until the heavy forests begin again at Alta Mira, Tamaulipas. 685. Wilsonia pusilla (Wils.). Wilson Warbler. Breeding range.—Vhe combined breeding and migration ranges of the eastern and western forms of the Wilson warbler cover the greater part of the North American continent. The eastern subspecies scarcely nests south of the Canadian life zone. It breeds in Nova Scotia, New Brunswick, northern Maine, northern Minnesota, Manitoba, and north to Newfoundland, Labrador, Hudson Bay, and Lake Athabasca. There are records of its breeding in the Alleghenian zone at Ottawa, Ontario,“ and at Pittsfield, Me.? | Winter range.—The principal winter range of the eastern form seems to be the Atlantic slope of the.mountains of Central America from Guatemala to Costa Rica, a few individuals wintering as far north as Yucatan. There is no record of the bird in South America, éMcllwraith, Birds of Ontario, p. 382, 1894. bMorrell, Osprey, IV, p. 5, 1899. WILSON WARBLER. Loz and only one instance of its being noted in the West Indies—an acci- dental occurrence on the Barbados,” April 30, 1873. Spring migration.—The Wilson warbler has never been reported at any point below the hundred-foot contour on the United States coast from the Sabine River to Charleston, S.C. It is practically unknown, even as a migrant, in the entire Austroriparian zone, from the north- eastern corner of Louisiana to Virginia. Just above this district it begins to be known, as at Shellmound, Miss., Rising Fawn, Ga., Chester County, S. C., and Raleigh, N. C., but it is rare east of the Alleghenies south of Washington. The principal migration route is along the mountain chain and for the most part on its western slope. During the period of spring migration a party of the Biological Sur- vey spent several weeks in northern and eastern Yucatan. They saw no Wilson warblers, although they covered the whole time during which the species passes from Costa Rica to the eastern United States, and the country was full of other migrating warblers. Two migra- tion routes are open to the individuals of this species that travel between Costa Rica and the Alleghenies. They can keep on the highlands north- westward to eastern Mexico, and pass thence north to Texas and north- east to the Alleghenies—a route that would be entirely by land, and that would explain in a perfectly satisfactory manner the absence of the species from Yucatan, the coast of Honduras, the whole of the south- eastern United States, and the West Indies; or they may travel from Costa Rica through Guatemala to Tabasco, and then across the Gulf of Mexico to the eastern United States. A comparison of the dates of migration will aid in deciding which of these routes isemployed. Some records of the species south of the United States are as follows: Fron- tera, Tabasco, seen occasionally in early March, 1900; near Teapa, Tabasco, several noted early in April (one specimen April 5); Mot- zorongo, Vera Cruz, March 11; Jalapa (4,400 feet), Vera Cruz, March 30 and 31 and April 5, 1897; Las Vigas (8,000 feet), Vera Cruz, April 24,1897; Tamaulipas, March 26 to May 10, 1888; Nuevo Leon, March 22,1902. The following Texas dates of earliest spring arrivals are not numerous, but they are enough for the present purpose: Lower Rio Grande, April 26, 1878; Victoria County, April 30, 1887; San Antonio, April 30, 1889, and April 25, 1890; Austin, May 2, 1890; Dal- las, May 3, 1898, and May 3, 1899. This is one of the very few sets of Texas dates representing a direct migration northward from the lower Rio Grande to northern Texas. The dates of earliest arrival to the eastward are: Shellmound, Miss., April 15, 1892; Helena, Ark., April 30, 1897; St. Louis, May 1, 1884, April 29, 1885, and May 2, 1887; Ris ing Fawn, Ga., May 1, 1885; Asheville, N. C., May 7, 1894; Blooming- ton, Ind., May 8, 1886. According to these dates the birds of the Alle- @Salvin, Ibis, p. 334, 1873. 128 NORTH AMERICAN WARBLERS. gheny Mountains and eastward do not come north by way of Texas. This fact, coupled with the absence of the species from the Gulf coast, seems to show that the return from the South is made by a flight across the Gulf of Mexico. This trip requires a sustained flight of at least 700 miles, but there seems to be no other assumption to explain the observed facts. Records of average dates of arrival farther north are: Washington, May 9; Englewood, N. J., May 13; Beaver, Pa., May 15; East Hartford, Conn., May 13; eastern Massachusetts and south- ern New Hampshire, May 17; southern New Brunswick, May 26. In southern New England the species often appears by May 10. A Wil- son warbler was taken at Godbout, Quebec, June 3, 1884, and one on the Hamilton River, Quebec, May 31. West of the Alleghenies the first arrivals are noted on the average at Waterloo, Ind., May 15; southern Michigan, May 17; Ottawa, May 20; Chicago, May 14; Lanesboro, Minn., May 8; Elk River, Minn., May 14; Aweme, Mani- toba, May 15; and Fort Chippewyan, Athabasca, May 26. Fall migration.—The Wilson warbler breeds so far north that the earliest returning migrants do not appear before August in the United States. They have been noted at Lanesboro, Minn., August 23, 1887; Grinnell, lowa, September 3, 1887; Chicago, August 16, 1896; Beaver, Pa., September 7, 1889; Englewood, N. J., August 15, 1886; and Washington, August 28, 1887. Some records of the last seen are: Aweme, Manitoba, September 10, 1901; Lanesboro, Minn., September 27, 1891; Grinnell, lowa, September 25, 1888; Ottawa, September 29, 1890; Pictou, Nova Scotia, August 24, 1894; St. John, New Bruns- wick, September 17, 1896; Renovo, Pa., September 30, 1895; Ger- mantown, Pa., October 15,1889. The time of migration south of the United States can not be traced, because the records of the eastern and the western forms can not be separated. 685a. Wilsonia pusilla pileolata (Pall.). Pileolated warbler. Breeding range.—By this subspecies in the present connection 1s meant the form that occurs throughout the Rocky Mountains and in the Great Basin. It breeds north into Alaska and as far south as western Texas, and possibly the higher mountains of Arizona and Mexico. It ranges casually to Minnesota and western Missouri. In Colorado it breeds commonly at timber line, ranging from 12,000 feet down to 6,000 feet. Winter range.—The abundance of the pileolated warbler in winter in Mexico is attested by the fact that the occurrence of the bird has been noted by the parties of the Biological Survey more often than that of any three other species together. It is common from Nuevo Leon southward, and in the western part of Mexico on the high- lands at least to Durango. Itis there a mountain lover, common from 4,000 to 9,500 feet and ranging to 12,000 feet on the north slope of PILEOLATED WARBLER. 129 Mount Popocatapetl and 11,000 feet on the mountains of western Guatemala. At the same time it is not uncommon on the coast itself as far north as the city of Vera Cruz and also on the Pacific coast in Chiapas, Colima, etc. The pileolated warbler follows the main chain of the mountains southeast until it is fully as far east as the birds from the eastern United States. Collections of Costa Rican birds contain typical examples of this form; one of the specimens taken by Arcé at the voleano of Chiriqui’ in Panama, now in the National Museum, is certainly a western bird; and those taken by Brown? in Panama dur- ing 1901 are also undoubtedly western. Spring migration.—The first pileolated warblers have been noted in southern Arizona April 12, 1902; at Loveland, Colo., May 11, 1889, and at Great Falls, Mont., May 23, 1892. Fall migration.—Returning migrants have been seen at Great Falls, Mont., August 17, 1889, and at Cheyenne, Wyo., August 25, 1884. They enter Mexico so early that parties of the Biological Survey met them on August 20, 1894, in Oaxaca, and on September 4, 1893, in the Valley of Mexico. It was probably the western birds that Cherrie noted in Costa Rica as first arriving on October 27, 1889, becoming common by November 20, outnumbering all other warblers during December, and being last noted March 6, 1890. In 1902 Carriker° found them until April 12 in Costa Rica. 685b. Wilsonia pusilla chryseola Ridgw. Golden Pileolated Warbler. Breeding range.—This is the Pacific coast form of pusilla, and breeds from southern California to British Columbia. Specimens have been taken east to Arizona and Fort Klamath, Oregon. Winter range.—The winter home is in Mexico, at least as far south as Chihuahua, Sonora, and Cape St. Lucas. Spring migration.—The birds enter the United States in southern California during the first ten days of March, are passing central Cal- ifornia during the last week of the month, and arrive in southern British Columbia in the first week in May. Fall migration.—Records of the beginnings of fall migration are lacking. A belated bird was noted at Chilliwack, British Columbia, November 17, 1888. 686. Wilsonia canadensis (Linn.). Canadian Warbler. Breeding range.—-The name of this warbler indicates its principal breeding range, which extends north to Newfoundland, southern Lab- rador, Hudson Bay, Cumberland House on the Saskatchewan River, Edmonton, Alberta, and Fort McMurray, Athabasca. South the Cana- @Salvin, P. Z. §., p. 183, 1870. 6 Bangs., Proc. N. E. Zool. Club, III, 61, 1902. ¢ Specimens in Carnegie Museum, Pittsburg, Pa. 6152—No. 18—04——9 130 NORTH AMERICAN WARBLERS. dian warbler breeds to central Minnesota, northeastern Illinois, central Michigan, southern Ontario, central New York, eastern Massachusetts, and northwestern Connecticut, and in the Allegheny Mountains to North Carolina, where it occurs from 3,000 feet nearly to the top of the highest peaks. The species is thus confined principally during the breeding season to the Canadian zone, with scattering occurrences in the Alleghenian. Migration range.—The great bulk of the species passes along the Atlantic coast and westward to and including the valley of the Ohio. In the interior the bird is a rare migrant from eastern Texas, eastern Kansas, eastern Nebraska, through the valley of the Red River of the North to Manitoba. Accidental occurrences are reported from central Texas, southern New Mexico, and eastern Colorado. Winter range.—The winter home of the Canadian warbler lies a long distance from Canada. The species is found in greatest abundance in Peru,” especially in the northern portion, and in the neighboring regions of southern Ecuador.’ In these sections it is found through the winter in flocks, which wander over the country on both the east- ern and western slopes of the Andes. The extremes of- the normal altitudes attained by the bird are 3,700 and 7,000 feet. Most of the records of its occurrence were made at an elevation of 4,000 to 5,000 feet. One specimen was secured at Quito, Ecuador,’ at 9,500 feet altitude. The extreme southeastern point at which it has been recorded is in the mountains east of Lima, where Jelski took a male and two females on the eastern slope of the Andes at over 10,000 feet eleva- tion. These individuals were 5,700 miles distant from Labrador by the principal route of migration followed by the species. The Canadian warbler has been taken in northern Ecuador and centra Colombia,’ although not noted by any of the expeditions to northern Colombia, whence it may be inferred that individuals noted in Costa Rica and Panama, where the bird is not uncommon, pass south- east to Ecuadorand Peru. Thespecies has not been recorded from Nic- aragua, Honduras, Yucatan, or the West Indies, nor for the last thirty years from Florida. Itisnot uncommon in Guatemala, and the parties of the Biological Survey took it in Chiapas, Puebla, and Tamaulipas, Mexico. In the fall it is not uncommon through these districts. For the most part it keeps in the mountainous country at 3,000-8,000 feet, @ Taczanowski, P. Z. S., p. 508, 1874; p. 223, 1879; p. 6, 1882. Orn. du Pérou, I, p. 468, 1884. Berlepsch & Stolzmann, P. Z. 8., p. 332, 1896. ) Sclater, P. Z. S., p. 111, 1854; pp. 64 and 451, 1858. Taczanowski and Berlepsch, P. Z. S., p. 74, 1885. Goodfellow, Ibis, p. 314, 1901. Salvadori and Festa, Boll. Mus. Zool. Torino, XV, No. 351, p. 8, 1899. - ¢Sclater, Ann. & Mag. Nat. Hist., XVI, p. 281, 1855. @Sclater, P. Z. S., p. 148, 1855. Salvin, Cat. Strick. Coll., p. 93, 1882. Lafres- naye, Rey. Zool., p. 292, 1843; p. 79, 1844. Sclater, Cat. Am. Birds, p. 34, 1862. Sharpe, Cat. Birds Brit. Mus., X, p. 434, 1885. CANADIAN WARBLER. eal but has also been taken in migration at 800 feet in Guatemala and at sea level in Panama. It has been recorded in winter in Guatemala, but most of the birds go much farther south. Even in Costa Rica Cherrie saw none in winter, though they were abundant there in fall migration. Spring migration.—The Canadian warbler is one of the late migrants. The few records of spring arrival of the species that have been gath- ered in the southern United States are: Southern Texas, May 2, 1877; Corpus Christi, Tex., May 4, 1900; Victoria County, Tex., April 26, 1887; San Antonio, Tex., May 4, 1884; Shellmound, Miss., April 15, 1892; Hickman, Ky., April 24, 1888; Lexington, Ky., April 29, 1899; St. Louis, May 14, 1883, May 11, 1884, May 11, 1885, May. 11, 1886, May 8, 1887, April 28, 1888 (next seen May 5; bulk pres- ent from May 11 to May 19; last noted in various years May 19 to May 22); Rising Fawn, Ga., April 26, 1885; Highlands, N. C., April 29, 1886; Asheville, N. C., May 4, 1894. As the Canadian warbler passes north it has been noted on the average at Washington May 9; Beaver, Pa., May 5; Philadelphia, Englewood, N. J., and Lockport, N. Y., May 15; in eastern Massachusetts, May 14; southern New Hampshire, May 18; southern Maine, May 19; and southern New Brunswick, May 28. Rather incongruous dates are reported from west of the Alleghenies. The average date of arrival for five years near Waterloo, Ind., is May 2, and for nine years at Listowel, Ontario, May 4, while not far dis- tant the date of arrival at Chicago is May 15; Petersburg, Mich., May 13; Parry Sound district, Ontario, May 21, and Ottawa, May 21. The first migrant appears on the average at Lanesboro, Minn., May 19. One was seen at Aweme, Manitoba, May 20, 1899, and one at Edmonton, Alberta, May 29, 1897. In northern Peru in 1878 a specimen was shot as late in the spring as March 28, and in central Ecuador in April, 1899, both males and females were taken. A belated migrant was taken April 28, 1893, at Chalchicomula, Puebla, Mexico, at 8,200 feet altitude. Since latitude 39° in the United States is finally passed in the last week in May by the Canadian warbler, it follows that the late spring birds of this spe- cies must make a rapid migration. fall migration.—The statements already made outline the probable migration route in fall of the Canadian warbler. The birds from the northeastern section of the United States appear to follow the gen- eral trend of the mountains to the Gulf Coast, being found in the fall apparently not east of Mississippi. Thence they cross the Gulf of Mexico to southern Mexico and Guatemala, reaching the Pacific coast at Tehuantepec. They probably then turn southeast and follow the mountains through Costa Rica and Panama to their principal winter home in Ecuador and Peru. £32 NORTH AMERICAN WARBLERS. If there were only the United States records at hand, it would be- impossible to get a correct idea of the date of fall migration of the Canadian warbler, chiefly because so little attention is paid in this country to July and August bird movements. Few observers think it worth while to begin making notes on southward movements of birds before September, although for a large proportion of migrants the beginning of the fall journey is several weeks earlier. A few records made of the arrival of the Canadian warbler in fall are: Lanes- boro, Minn., August 18, 1889; Grinnell, Iowa, August 20, 1886; Chicago, August 15, 1896; Waterloo, Ind., August 16, 1891; Ger- mantown, Pa., August 38, 1890; Englewood, N. J., August 7, 1886; Washington, July 31, 1887; St. Louis, August 15; Asheville, N. C., September 2, 1891; Leighton, Ala., August 18, 1891, and Bay St. Louis, Miss., September 11,1899. Fall migration begins so early that by the last of August the birds have appeared in southern Mexico, a month later (September 29) have arrived at San José, Costa Rica,“ and by November 27 have’reached northern Peru. This gives a quite uni- form rate of speed of 30 miles per day. Were it possible to suppose that any one individual traverses the entire range of the species, such a bird would either have to increase this speed or else spend the entire year on the road. The month of September is the time of greatest abundance of the Canadian warbler in Central America. The parties of the Biological Survey noted its disappearance soon after the middle of the month from Chiapas, and nearly all the records from Guatemala were made in September. Hoffman found the species in September on the high- lands of Costa Rica, and Cherrie found it most abundant on October 6 at San José, Costa Rica. Records of the last migrants seen are: Fort McMurray, Athabasca, August 10, 1903, and August 12, 1904; Grand Rapids, Athabasca, August 20, 1901; Aweme, Manitoba, August 30, 1901; Ottawa, September 5, 1890; Chicago, September 16, 1894; Waterloo, ind., September 28, 1902; Petitcodiac, New Bruns- | wick, August 21, 1886; Pittsfield, Me., September 12, 1897; Amherst, Mass., September 29, 1891; Englewood, N. J., October 2, 1886; Renovo, Pa. (average of six years), August 14; Germantown, Pa., October 1, 1889; Washington, September 25; St. Louis, September 22, 1885; Asheville, N. C., October 10, 1891, and October 19, 1894; Ariel, Miss., October 14, 1897, and Bay St. Louis, Miss., October 15, 1899: 687. Setophaga ruticilla (Linn.). Redstart. _ Breeding range.—The summer range of the redstart extends over 27° of latitude, from 35° to 62°, and over 69° of longitude, from 54° to 133° in southeastern Alaska (to 123° in the United States). The @Cherrie, Auk, VII, p. 337, 1890. REDSTART. 133 species breeds north to Nova Scotia, Newfoundland, Hudson Bay, and Fort Good Hope on the Mackenzie River. In the United States it is chiefly eastern, but ranges west regularly to the Great Basin. It breeds in Utah, Idaho, British Columbia, and eastern Washington, and has occurred casually at various seasons in Arizona, Lower Cali- fornia, California, and Oregon. The breeding range extends south to North Carolina, Arkansas, etc. The bird breeds at Fort Union, N. Mex., and probably at Greensboro, Ala., and has been reported during the breeding season at various places south of latitude 35°, but these records are to be considered exceptional. A species that breeds in the Canadian life zone of Newfoundland and also in the southern Alleghenies would be expected to seek the higher portions of these mountains, but the redstart at the southern limit of its range nests in the lower valleys, scarcely rising to 2,000 feet. Winter range.—The winter distribution of the redstart is also very extensive, covering 25° of latitude, 23° N. to 2° S., and 38° of longi- tude, 60° to 98°. The species is a common spring and fall migrant in the northern Bahamas, and a few individuals may winter in some of the southern islands. It isan abundant winter resident in the Greater Antilles and has a remarkable extension in the Lesser Antilles. It is recorded from 4 of the Virgin Islands, 8 of the Leeward Islands, including Dominica,* and from St. Lucia,? St. Vincent,’ Grenada,? Barbados,’ Tobago,’ and Trinidad. Toward the. east its numbers diminish, so that it is rare in the Windward Islands. A great many redstarts pass to the mainland of South America, but their distribution appears not to be extensive. On the north coast of Colombia” the species is common both in migration and in winter, and penetrates the interior about to the central part of the country,’ where it is common at 3,000-6,000 feet altitude. It has been recorded from Esmeraldas/’ on the coast; Perucho* at 6,300 feet on the west slope of @Verrill, Trans. Conn. Acad. VIII, p. 348, 1892. OSclater, P. Z. S., p. 14, 1876. ¢ Lawrence, Proc. U. S. Nat. Mus. I, p. 189, 1878. dWells, Proc. U. 8. Nat. Mus. IX, p. 611, 1887. €Feilden, Ibis, 482, 1889. f Jardine, Ann. & Mag. Nat. Hist. XX, 331, 1847. gChapman, Bull. Am. Mus. Nat. Hist. VI, p. 24, 1894; Salvin, Cat. Strick. Coll., p. 95, 1882; Sclater, Cat. Am. Birds, 36, 1862; Ernst, Rev. Cient. Univ. Venez. I, Pe 30, 1387. hSalvin & Godman, Ibis, p. 199, 1879; ibid., p. 118, 1880. Bangs, Proc. Biol. Soe. Wash., XII, p. 144, 1898. Allen, Bull. Am. Mus. Nat. Hist., XIII, p. 176, 1900; Auk, XVII, p. 366, 1900. Wyatt, Ibis, p. 323, 1871. Sclater & Salvin, P. Z. S., p. 494, 1879. Berlepsch, J.{. Orn., p. 284, 1884. Sharpe, Cat. Birds Brit. Mus., X, 414, 1885. Sclater, P. Z.S., p- 144, 1855. JSclater, P. Z. S., p. 292, 1860. kIpbid., p. 84. dia NORTH AMERICAN WARBLERS. the Andes; Quito” and Chimbo? in western Ecuador at above 9,000 feet, and at Papallacta’ (11,500 feet) southeast of Quito on the east slope of the Andes, where it was not uncommon. The latter places, two degrees south of the equator, are the southernmost points at which it has been recorded. It has been taken once at Merida? (5,400 feet) and once at Caracas,’ both in Venezuela; once at El Pilar” on the coast of Venezuela; twice in the Orinoco region,’ and once on Mount Roraima” in British Guiana, where its eastern winter range is carried to 60° west longitude. To the west a redstart was taken February 24, 1883, at Miraflores,’ Lower California. This must have been an accidental occurrence, however, for the parties of the Biological Survey have never observed the species in western Mexico, though they found it abundant through the winter in eastern Puebla, southern Vera Cruz, Tabasco, Campeche, and Yucatan. It was not seen by them in Oaxaca, Chiapas, or any- where on the Pacific slope, though in migration it has been taken at Santa Efigenia, Oaxaca, the City of Mexico,and as far west as the city of San Luis Potosi. All the winter birds were seen below 1,000 feet altitude. In migration, however, a few range to about 7,500 feet. The low winter range may perhaps be due to the fact that the higher lands of Mexico from 1,300 feet up are occupied by several closely related resident species, for in the Rocky Mountains of Colorado the redstart breeds at heights ranging from 5,000 to 8,000 feet. In Guatemala the American redstart has a wider altitudinal range than in Mexico, and is found throughout the country from the Pacific coast to at least 6,000 feet altitude in the interior. It is one of the few United States warblers that have been recorded in Salvador. Itisa common winter resident on the east coast of Nicaragua,’ and equally common in Costa Rica’ to at least 1,400 feet. In Panama its range is about the same. ; Spring migration.—The records of spring migration of the redstart in Florida are scattering and contradictory. It is therefore necessary to consider the North Carolina records before enough data can be obtained to determine definitely the date of arrival of the species from @Sclater, P. Z. §., p. 111, 1854; Ann. & Mag. N. H., XVI, 281, 1855. > Berlepsch & Taczanowski, P. Z. 8., p. 541, 1883. ¢ Goodfellow, Ibis, p. 315, 1901. @Sclater & Salvin, P. Z. 8., p. 780, 1870. é Ernst, Flora and Fauna Venez, p. 301, 1877. Ff Allen, Bull. Am. Mus. Nat. Hist., IV, p. 51, 1892. 9 Berlepsch & Hartert, Novit. Zool., 1X, 11, 1902. Salvin, Ibis, p. 203, 1885. Cabanis, Schomb. Reis. Guiana, III, p. 667, 1848. Quelch, Timehri, X, p. 262, 1896. t Belding, Proc. U. 8. Nat. Mus., VI, p. 350, 1883. J Richmond, Proc. U. 8. Nat. Mus., XVI, p. 485, 1893. * Underwood, Ibis, p. 484, 1896. REDSTART. hos the South. Statesville and Raleigh, N. C., are in the same latitude and 200 miles apart. Raleigh is about 300. feet above sea level and Statesville 1,000 feet. At both places simultaneous observations were taken in April, 1885, 1887, and 1888, as follows: 1885—Raleigh, first seen 9th, next 13th, common 20th; Statesville, first seen 10th, next 12th, common 20th. 1887—Raleigh, first seen 13th, next 16th, com- mon 18th; Statesville, first seen 10th, next 11th,common 15th. 1888— Raleigh, first seen 2d, next 3d, common 12th; Statesville, first seen 3d, next 4th, common 10th. Average—Raleigh, first seen 8th, next 11th, common 17th; Statesville, first seen 8th, next 9th, common 15th. Average for both places—first seen 8th, next 10th, common 16th. These records seem to determine quite closely the date of arrival of the redstart in North Carolina. Migration in the spring of 1888 was earlier than usual, as April 2 is the earliest date of arrival at Raleigh in fifteen years of observation. The average for these fifteen years is April 10. The distance from the south end of Florida to central North Caro- lina is 650 miles. The apparent speed of migration of the redstart, as obtained from the records of its vernal advance in the Mississippi Valley, is 30 miles per day. Hence, if the birds which arrived in North Carolina on the dates above given landed first in Florida and then passed overland at a similar rate of speed, they must have reached the southern end of Florida, on the average, by March 20. It is well to note first that these early migrants in North Carolina do not come by - way of the Bahamas. Redstarts do not winter in any of the Bahamas within 400 miles of Florida. Bryant saw none until April 18 on New Providence and Andros islands; Northrop noted none until April 10, 1890, on Andros; Cory noted the first migrant of the season on March 27, 1891, on New Providence Island, and on March 18 of the same year the naturalists of the steamer A/butross secured their first specimen on the same island. It is probable from these records that the van of the northward migration in North Carolina is composed of birds that have wintered in Cuba. Few records of occurrence of the species in spring south of North Carolina accord with the average date of April 10 at Raleigh. Instead of March 20 the earliest dates of redstarts striking the light at Som- brero Key, Fla., are April 14, 1885, April 12, 1887, April 18, 1888, and April 3, 1889, and the earliest at the Tortugas is March 30, 1890. In Chester County, 5. C., the earliest date of arrival in fourteen years is April 10. Other early records of arrival south of North Carolina are: Pensacola, Fla., April 5,1885; Rising Fawn, Ga., April 10, 1885; Gainesville, Fla., April 7, 1887; Tarpon Springs, Fla., April 11, 1895, and month of Suwanee River, Fla., March 22, 1890. With these records are to be considered the dates of arrival at Savannah, Ga., April 19, 1885, and at Darien, Ga., April 28, 1890; and the average 136 NORTH AMERICAN WARBLERS. for six years near Atlanta, Ga., April 23, with extremes of April 17, 1896, and April 30, 1897. , The dates of ar Ao of the redstart in the Micipen Valley show a state of affairs similar to that exhibited by the records made on the Atlantic coast—that the species is rare and late on the southern coast, early and abundant in the interior. A possible explanation is that the redstart is not a swamp dweller, and while a bird of the forest, prefers hard-wood timber, and that in its flight from Cuba, Yucatan, and southern Mexico, therefore, it does not alight as soon as it sights land, but passes on into the interior until it attains the desired feeding ends Along the Atlantic slope the rate of further advance is exemplified by the following records of average date of arrival: Washington, April 23; Beaver, Pa., April 29; Renovo and Germantown, Pa., and Englewood, N. J., May 3; southeastern New York, May 4; north- eastern New York, May 11; Portland, Conn., May 6; Providence, R. I., May 9; Boston, May 6; southern New Hampshire, May 12; southern Maine, May 13; Montreal, May 16; Quebec, May 14; St. John, New Brunswick, Man 20; central Nova Scotia, May 25; North River, Prince Edward Island, May 27. The av erage date of arrival of the redstart for several years at Helena, Ark., is April 13, with extremes of April 9, 1898, and April 18, 1900. At Eubank, Ky., the average for seven years is April 16, with extremes of April 12, 1890, and April 21, 1894. At St. Louis the average for six years is April 19, with extremes of April 17, 1883, 1884, and 1888, and April 24, 1887. Helena is’about 300 miles north of New Orleans, and on the basis of the usual speed of migration the redstart should reach the latter place about April 1. The species is apparently rather rare in spring at New Orleans, though common in fall. Three observers failed to see it at all in five out of eight years of observation. In each of two other years, 1898 and 1890, a single bird was seen April 8, and in 1894 one was seen on April 7, and several were noted on April 11. Farther north in the Mississippi Valley records of the average date when the first redstart appears are: Columbus, Ohio, April 26; Water- loo, Ind., April 29; Petersburg, Mich., April 30; Locke, Mich., May 7; southern Ontario, May 6; Ottawa, May 17; Chicago, May 8; south- ern Wisconsin, May 9; Keokuk, Iowa, May 2; Lanesboro, Minn., May 11; Elk River, Minn., May 12; Aweme, Manitoba, May 14. The recorded dates of arrival of the species in Texas are without any regularity: Corpus Christi, March 26—April 25, 1891, April 15, 1899; Refugio County, April 15, 1899; Bee County, April 10, 1886, April 16, 1887; San Antonio, April 16, 1890, April 16, 1891; and Dallas, . April 21, 1898, April 22,1899. These records show that migration in Texas is later than in Louisiana, just as in the Mississippi Valley it is | aril REDSTART. | Lat later than along the South Atlantic coast. A set of extended and excellent notes from Onaga, Kans., for eleven years, 1891-1901, indi- cates that the average date of arrival of the redstart at this place is May 5. Onaga is in northeastern Kansas, and the date accords well with observations made at four towns in the southeastern part of the State, where the average date of arrival is May 3. Both these dates indicate a decidedly later migration to the westward on the plains. | The average date of arrival of the species at corresponding latitudes along the foothills of Colorado is about ten days later than along the Mississippi River, and much the same difference appears in Montana, where the first migrants have been seen at Terry May 16, Great Falls May 21, and Columbia Falls May 24. Hence it is fair to presume that it was not by way of Montana that the redstarts came which appeared at Osler, Saskatchewan, May 17, 1893; Fort Chippewyan, Athabasca, May 238, 1901; Fort Resolution, Mackenzie, May 23, 1860; and Fort Simpson, Mackenzie, May 20, 1860, and May 25, 1904.