Sk dail tl pedafatere’we borer | pio eeaisiome f . se owe - nae weve a - dpe pole ee “ whee oem oF wigteterere Y eowwe ta je " : ' Ba nditt ; en ce : ee) ~ ona of ote ehetiene™ | | herw of etet ore ee sk edd ote weet Gane arenas Sore porate et t's ot 9 ae - ——— rn cee ; r * _ . 3 lied . 7 . e% we open weer v sd wy 3 A > we We wN w/t ey Ae a wx ‘e ity img Live ey aw [ ms wy — “ook "a wens . , J s = r . ‘ . ar. ‘ “ > — r - a 4 ere ¥ ; | wey e. ) Ww YN 6 ii ; F? yw} a Se > hs Au'y Ne = WN 14 ef a SAAS i et | : wary ty a ~S . 5 Rept yo hte reget meth 7 ae AAS [VS cM Fa aed Aig =. “i : ae Se eae Se ee | ww ss , ll dD avs ye hy r i oe c PT) env jes rr Ny Be row o ‘w ~~ AN. a: AN mr | eae aM ~ vw ™ t ~ ow AAAI oe pe wt ww at gh, we i ee) Us ph WANA Lh all BIOLOGICAL SURVEY—BULLETIN No. 27 ei 1 ©. HART MERRIAM, Chief ICAN E j HARRY C. OBERHOLSER | ASSISTANT ORNITHOLOGIST, BIOLOGICAL SURVEY WASHINGTON GOVERNMENT PRINTING OFFICE Pe eee NOB) 2 j us Mer HRN Bull. 27, Biological Survey, U. S. Dept. of Agriculture. PLATE l. BALD EAGLE (HALI4ETUS LEUCOCEPHALUS). (Drawn by R. Ridgway.) a fuie SS es U.S DEPARTMENT OF AGRICULTURE BIOLOGICAL SURVEY—BULLETIN No. 27 C. HART MERRIAM, Chief sh ciel Gs Fed BD NORTH AMERICAN EAGLES AND THEIR ECONOMIC RELATIONS / BY fey. 3 | Z “oN { an \ HARRY C. OBERHOUSER’’ <9 |yic ASSISTANT ORNITHOLOGIST, BIOLOGICAL SURVER__— WASHINGTON GOVERNMENT PRINTING OFFICE 1906 LETTER OF TRANSMIT U. S. DEPARTMENT OF AGRICULTURE, BIOLOGICAL SURVEY, Washington, D. C., July 3, 1906. Sir: I have the honor to transmit herewith for publication as Bulle- tin No. 27 of the Biological Survey a report on the North American eagles and their economic relations, by Harry C. Oberholser, assistant ornithologist. Widely distributed over the United States and in cer- tain regions numerous, eagles are of considerable economic impor- tance, especially as they are always and everywhere flesh eaters. In some regions they prey upon noxious rodents and render service by disposing of carrion; elsewhere they destroy waterfowl and other game birds, as well as lambs, goats, and poultry. In the present bul- letin an attempt 1s made to bring together all important facts respect- ing their distribution and food habits and to definitely fix their economic status. Respectfully, | H. W. Hensuaw, Acting Chief, Biological Survey. Hon. JAMES WILSON, Secretary of Agriculture. ' = SP ie MY gee ie Sat rad ae CONTENTS. me SCI a cate Ee ee Ie nT PEG Se PEE SSE ae Brarepe een ee ©. ELSE ES PSSST TTT SS ee Pees Bc eg etice OP ea See (USP ES EE LS SEERA pees SE A a a I aE ti gee aime Woimestic animals wee = oe Pep SE CAE Get RIE Md aed gh ae Poultry 2205-2 Bo Nae Be Men we Ss Sees Re eee CREE iat ei : cee anciurais sim Aste Pie Oe SEE oa Ne, On So RRO | DDL TETAS SETS le tesa hg SN Ss Seve ak Ng Oe Sele gar CS Pe AMP IEC SM Ae Mey reeks oC. ne) ran ae cS Se Ue. ie Se ee we Page. ILLUSTRATIONS. PLATES. ~ 4 } aes anes ah Fe rt Taal an bt 0 Va 5, IP eee at -, at Fy wen ot ee ee ee pe se | “4 4 ‘eG. F5tule eee THE NORTH AMERICAN EAGLES AND THEIR ECONOMIC RELATIONS, INTRODUCTION. The present purpose is to bring together such facts as have bearing on the economic relations of the North American eagles; and this bulletin has therefore to do with the distribution of the several spe- cies, their general manner of life, as well as, most important of all, ‘their food habits. It is difficult to obtain stomachs of eagles for ex- amination, hence few data of this kind have been available at first hand; but all other sources of information have been utilized in order that this report may represent as nearly as pestle our present knowl- edge of the subject. Wherever eagles occur commonly they are among the best known of birds. They appear frequently in the language and legends of ancient peoples, and often have been chosen as national emblems, since for size, powerful flight, and fierce nature they have been celebrated from earliest historic times. Though found in almost every quarter of the gelobe—North America, South America, Europe, Asia, Africa, Aus- tralia, and the East India Islands—they are most numerous in Kurope, Asia, and Africa. North America possesses but four species, only two of which—the golden eagle and the bald eagle—are of gen- eral distribution and thus of particular economic interest in this region ; while the harpy eagle reaches our territory, if at all, as merely a casual visitor to Texas, and may properly be left out a the present con- sideration. Kagles are popularly supposed to be quite different from hawks, but, in a word, they are nothing more than large hawks. Few birds exceed or even equal them in duration of life, for they reach some- times the age of nearly a hundred years. They are not usually sociable, but live singly or in pairs and dwell in the wilder places in all kinds of country from tropical deserts to the Arctic regions. In their search for food, however, they often wander far, and embold- ened by hunger even approach the abodes of man. In story books and newspapers eagles have many times been accused of carrying off young children, but most if not all such tales are wholly unreliable. 5 6 NORTH AMERICAN EAGLES. - Eagles are flesh eaters, and since they consume large quantities of whatever animal food is most accessible they become at times an economic factor of some importance, though whether beneficial or injurious in a given region is not always easy to say. In places overrun by the smaller noxious mammals they frequently perform valuable service by thinning the ranks of such pests, and the fond- ness of some species for carrion is an added source of benefit to man. But if, perchance, they do render us some good deeds, they offset these by wholesale destruction of waterfowl and game birds and by raids upon the sheepfold, the goat pasture, the cattle pen, and the poultry yard. Thus a just verdict must pronounce them not far from neutral in economic influence. Where and when they are doing good they ought to be carefully protected; if at any time or place they become harmful, means should be taken to obviate the damage they cause; but it would be unnecessary and unwise to declare against all eagles a general war of extermination, since neutral spe- cies always bear an important part in the balance of nature, an® equilibrium that man should hesitate to disturb. BALD EAGLE. (Halixetus leucocephalus.) The bald eagle, otherwise variously called white-headed eagle, white-headed sea eagle, and bird of Washington, is of particular inter- est to Americans as the national emblem of the United States, to which dignity it was elevated on June 20, 1782. The name ‘bald’ eagle, by which the species is almost universally known, originated from the white head and the erroneous impression of baldness it gives at a distance. This bird measures about 3 or 34 feet in length, from 6 to 8 feet in extent of wings, and weighs from 6 to 12 pounds. When fully adult its color is dark brown, with white head, neck, and tail, yellow bill, eyes, and feet. At least three or four years are required for the assumption of this plumage, younger birds being entirely brown- ish or blackish. The bald eagle inhabits nearly the whole of North America, from northern Mexico and Florida north to Ungava and the Anderson River, west to the mainland of Alaska, the Aleutian Islands, and the Ge cenande: Islands, Kamchatka.¢ @ The birds from Alaska and much of British America are considerably larger than those from farther south, and on this account have been separated as a distinct race (Halizxetus leucocephalus alascanus Townsend). ae | | BALD EAGLE, 7 GENERAL HABITS. Over much of its range, particularly in the more thickly settled _ parts of the United States, the bald eagle is by no means common during the breeding season; but in sections of Florida, on the Aleu- tian Islands, the coast of southern Alaska, British Columbia, and Washington it seems to be more numerous than anywhere. else. - From the mere northern regions, particularly the interior of Alaska and of northern Canada, it withdraws for the winter when th takes and rivers freeze; but elsewhere it seems to have no regular or well- defined migration, although during the cold season it wanders more or less, apparently influenced largely by the food supply, since it is easily able to withstand the rigor of even an arctic climate. It is more maritime and fluvicoline than the golden eagle, preferring the neighborhood of the seacoast, lakes, and larger streams, and it is seldom really common at a distance from them. It inhabits, how- ever, all kinds of country so long as the main requisite—plenty of __water—is there, and in mountains or on plains, in heavy forests or along barren shores it finds a congenial abode. Under most circumstances wary and difficult of approach, with an s eye open for danger and giving suspected things a wide berth, this eagle, nevertheless, where not molested, is often surprisingly tame and unsuspicious. Unprovoked it rarely attacks man, although such instances have been reported. It prefers trees for watching and roosting, but in spring sometimes descends to ride the cakes of ice in the river, apparently looking for fish. Though not a gregarious species, it may at times be seen in companies of as many as ten or even fifteen individuals. It is evidently not lacking in conjugal affection, and the first mating results in an alliance, defensive and offensive, that is believed to last as long as both survive; but when one of a pair dies, the other, male or female, soon secures another partner that at once assumes the responsibilities of the interrupted household. The notes of this eagle are few, usually produced in a loud, harsh scream, but heard at a distance they lose much of their .- disagreeable sound. The flight is powerful, capable of being indefi- nitely sustained, and is accomplished now by steady wing-beats, now by soaring either on a level course or in great ascending circles as is the habit of most large birds of prey. The bird occasionally makes a plunge from a great height—a marvelous feat, performed with such velocity that the eye can scarcely follow the descent. In strength the bald eagle is hardly less remarkable than in power of flight, and it has been known to carry for 5 miles a lamb of weight fully equal to its own. It can readily be kept in confinement, for it will thrive on any kind of meat or fish; and it sometimes even develops no little attachment for its owner. 1atch eggs in confinement. a EAGLES. 7 ov NORTH AMERICAN This species breeds throughout its range wherever suitable places and it has been known to lay and breeds very early, depositing its eggs usually during the first half of In the southern part of the United States, from Florida to Texas, it December, exceptionally about the 1st of November, occasionally in exist, ee py. “keg oe O fa ~d ¥) Qs | eal Neat Nan YW: \ RY NAG \ y WW \\ Co : \Y \\ \\ N x wy) MRA \\ NON ‘ \ Vs NOS AN Ae BSN, 9 XO \ . ea AAG \ \ AN AW \Y RSS ~ ee Les =) 7 Tus). gle (Halizxetus leucocepha ge of the bald ea gran Breedin Fie. 1.— January or February; in the Middle States and in California it lays — in February or March, and to the northward correspondingly later— about the middie of April in southern Alaska, sometimes in May, or even June, in the Arctic regions. BALD EAGLE. 9 The nest is located nearly always in the vicinity of a stream or body of water, often along the seacoast. The favorite site is the top of a 9 ~ tall tree, in the South often a pine, frequently a hundred feet or more from the ground. Where there are no trees a rock or a niche in a cliff serves the purpose, while along the coast of Texas nests have been found even on the ground of low islands. — | The same nest is occupied year after year, and annually repaired or augmented until it becomes an immense structure 5, 6, or even 8 feet high and as much in diameter, containing fully a cartload or two of material. It usually forms a strong platform with only a slight depression in the center, and easily sustains the weight of a man; but when built on the coun’. it occasionally consists merely of a Ps sticks and a little rubbish. The usual material is sticks of all sizes up to fully 3 inches in diameter and 5 feet in length, weeds, vines, grass, moss, and pieces of turf, with more or less lining of twigs, grass, straw, hay, moss, lichens, [esanes, and seaweed. The eggs are dull ithe and generally two, unusually one or three, rarely four in number. They are deposited at intervals of two to four days, and incubation, in which both male and female take part, lasts _ about thirty to thirty-six days. The nestlings are at first covered with a whitish, then a grayish, down, which in time gives place to the firmer dark brown feathers of the first complete plumage. They remain a long time in the nest, probably at least three months, during which period they are lavishly supplied with food by their parents. The old birds commonly make but little demonstration when the nest is approached or even closely examined, though in a few instances they have been known viciously to ea: the intruder. Only one brood is reared, and if eggs or young be destroyed no further attempt to rear young is made the same season. Often the old birds, particu- larly in the South, frequent the nest during much of the year, using it as a kind of general rendezvous. FOOD HABITS. The bald eagle lives partly after the manner of vultures, gorging itself to repletion when opportunity offers, then perhaps obliged to fast for days. Lack of food even for a some nate period is appar- ently no serious inconvenience, since Mr. George A. Boardman once kept an individual without feed for thirty-two days. The indigesti- ble portions of its food are ultimately disgorged in the shape of pellets that resemble those of owls. One of these pellets, found by Mr. Edward A. Preble, of the Biological Survey, in a nest at Mount Vernon, Va., some years ago, was almost round, about 13 inches in Pamcter. ad composed entirely of the feathers of poultry, together with some mammal hair. The young of this species appear to be fed on the same kinds of food as are eaten by the adults, 5281—No. 27—_06——2 10 ~ NORTH AMERICAN EAGLES. Foop. FISH. Fish seems to be the principal food of the bald eagle, and when obtainable is often preferred to anything else. The dead fish found along the shores of sea or lake or river, those that the eagle catches by its own efforts, and those of which it robs the osprey are alike accepta- ble. In many places it obtains a good share of its food from the dead fish cast up by the waves. Mr. Wiliam Brewster mentions that in 1879 it was abundant about Lake Umbagog, Maine, drawn thither to feed on the suckers that in great numbers had died and been left on the marshes and flats by the receding water, while Audubon relates that it was frequently seen to pick up catfish heads which were floating on the St. Johns River, Florida. Mr. C. P. Streater found it common at Sauk, Wash., in September, 1891, feeding on the dead salmon (Oncorhynchus sp.) along the shore; and similar observations have been made by others on the Columbia and other rivers of the Pacific Coast. Mr. J. C. Hughes records ¢ that along the lower Fraser River in British Columbia he has found it feeding extensively on the oolachans, or eulachons (Thaleichthys pacificus), a small fish that is abundant there; and so numerous does the eagle become at times when the fish are running that Mr. Hughes has on occasion counted as many as a thousand in a distance of 3 miles. But the bald eagle not infrequently goes fishing for itself, using a variety of methods, according to circumstances. Sometimes from its perch on the summit of a dead tree it launches downward and, fall- ing like a stone, seizes its prey; sometimes it hunts on the wing, much like an osprey, and when a fish is perceived poises by rapid wing- beats, finally dropping into the water even from a great height, and not infrequently becoming almost completely submerged; then, again, it varies this last method by flying leisurely along near the sur- face of the water. Audubon mentions that along Perkiomen Creek near Philadelphia, Pa., he saw it on several occasions wading in the shallows and striking at the small fish with its bill; and other observ- ers elsewhere have noted a similar habit. It has been seen scram- bling over the ice of a pond, trying to reach the fish below; and Mr. W. L. Dawson, in his ‘Birds of Ohio,’ says that at the Licking Reser- voir, Ohio, it is reported in winter to watch near the air holes in the ice for the fish that from time to time seek the surface. Mr. J. G. Cooper has seen it catch a flying fish in the air, and the amazing celerity necessary for the performance of such an exploit may readily be imagined. Although the bald eagle does often fish for itself, it finds a much easier and more congenial task in robbing the mild-mannered ospre 2 Forest and Stream, XVIII, 1882, p. 85. a + . = BALD EAGLE. pT of his finny prey. These attacks are of such common occurrence in some localities that they are taken by the osprey usually as a matter of course; but sometimes patience becomes exhausted and a number of ospreys successfully unite to drive away the eagle. About half of the stomachs of the bald eagle examined in the Biolog- ical Survey contained fish, and the following species, mostly additional to those that have already been mentioned, were identified: Fork- tailed catfish (/ctalurus furcatus), striped bass (Roccus lineatus), gold- fish (Carassius auratus), eel (Anguilla: chrisypa), sunfish (Hupomotis gibbosus), and shiner (Notemigonus americanus). WILD BIRDS. It is a regrettable fact that, after fish, birds constitute the most important part of the bald eagle’s diet and sometimes furnish almost the entire food. The larger species, particularly of waterfowl and game birds, are preferred; song birds appear rarely if ever to be molested. Dead birds, principally waterfowl, whenever available are greedily devoured, as many observations prove. Mr. W. E. C. Todd has recorded that numbers of long-tailed ducks (Harelda hyemalis) washed up dead along the shore of Lake Erie are disposed of in this manner. Wounded or crippled birds are eagerly seized, but as the supply of these is of course limited, by far the greater proportion of the eagle’s avian prey must perforce be obtained entirely by its own exertions. In most parts of its range it feeds more largely on waterfowl than on any other kind of birds. In the pursuit of this game the bald eagle employs great strength and skill, to which it frequently adds no - small amount of strategy. Geese, brant, and swans, owing apparently to their large size, are favorite food. Mr. Robert Ridgway mentions that on the main island in Pyramid Lake, Nevada, a pair of bald eagles broke up the nest of a Canada goose (Branta canadensis) that had been established on the ground not far from their own. Of the goose and brant hunting habits of the bald eagle at. Cobbs Island on the Atlantic shore of Virginia near Cape Charles, Mr.,William Brew- ster, from data furnished him by Mr. Nathan Cobb, gives the following account :* In the winter the Eagles are much more numerous than at any other time of the year, and my informant has. on several occasions. seen as many as eight at once. At this season the neighboring bays and creeks swarm with Wild-fow], and upon these the Eagles princi- pally live. He-has never known them to capture fish of any kind, although they not unfrequently rob the Fish-Hawk. Geese and Brant form their favorite food, and the address displayed in their capture is very remarkable. The poor victim has apparently not the slightest chance. for escape. The Eagle’s flight, ordinarily slow and somewhat heavy, becomes, in the excitement, of pursuit. exceedingly swift and graceful, and the 2 Bulletin Nutt. Ornith. Club, V, 1880, pp. 57-58. 12 NORTH AMERICAN EAGHES. fugitive is quickly overtaken. When close upon its quarry the Eagle suddenly sweeps beneath it, and, turning back downward, thrusts its powerful talons up into its breast. A Brant or Duck is carried off bodily to the nearest marsh or sand-bar, but a Canada Goose is too heavy to be thus easily disposed of. The two great birds fall together to the water beneath, where the Eagle literally tows his prize along the surface until the shore is reached. In this way one has been known to drag a large Goose for nearly half a mile. A single bird is usually seized at the first attempt, but Mr. Cobb has seen an Eagle repeat- edly miss his aim when in the midst of a large flock. The very abundance of opportunities seems to bewilder him, and he thrusts wildly and harmlessly in all directions; but after the crowding masses have become scattered by his onslaught, a separate individual is selected, and quickly overtaken and killed. Although the larger and heavier Water-fowl are more likely to be attacked, the royal bird seems to find little difficulty in overhauling the swiftest flying Ducks. The latter, however, often escape by diving, although in shallow water this recourse sometimes proves of no avail, as the Eagle follows their course, and seizes them as they rise near the surface. Under favorable conditions even Grebes are sometimes captured. In winter shooting the sportsman loses many a wounded Goose or Brant by the Eagles. They seem fully aware of the advantages to be gained by maintaining a close espionage upon the gunner’s movements, and a bird that falls at any considerable distance from the stand is often seized and borne away before it can be recovered. Ducks of various kinds, by reason of abundance, fall regularly a prey to the bald eagle, and they are stolen from unwary sportsmen just as readily as larger birds. Mr. C. J. Maynard mentions seeing an eagle swoop down and bear away a bufflehead (Charitonetta albeola) just shot and lying on the water only a few yards distant. Wounded ducks, with those purloined from hunters, form at some seasons a good share of its food. It has been seen to drop suddenly and unexpectedly to the water and catch a black duck (Anas obscura) before there was any chance of escape, but usually the duck sees the eagle as it comes, and then the process of capture is more pro- tracted. The eagle rushes at its intended victim, which on its - approach dives and swims under water until compelled to return to the surface for air, when the eagle again swoops down; and this procedure is repeated until the duck becomes exhausted, is seized, and carried away. Dr. 8S. D. Judd has seen a wounded scaup duck (Fuligula marila) tired out in this way, and saved only by a shot at the eagle. According to observers, such a chase is seldom volun- tarily given up until successful. Sometimes two together pursue the duck, making alternate attacks, whereby the hunt is shortened. It is, however, quite capable of catching ducks on the wing, apparently experiencing little difficulty on account of their swift flight. This eagle is fond also of coots (Fulica americana), and Dr. William L. Ralph, quoted by Maj. Charles E. Bendire, says that during winter in the vicinity of Merritt Island, Indian River, Florida, it feeds largely on the coots which then sbaciad there, hase heat usually. on the wing. One eagle’s nest with two wellenoen young, visited by him, contained besides a catfish (Ameiurus?) the remains of thirteen coots. Still other water birds are not infrequently captured BALD EAGLE. 13 for food, and of these the various kinds of gulls probably most often. Mr. Everett Smith, writing in Forest and Stream,* describes an unsuccessful attack upon a loon (Gavia wmmer) in Maine, ostensibly for the fish it had apparently just caught, but possibly with a more sinister purpose; and Mr. W. W. Worthington gives an instance of the capture of a Florida cormorant (Phalacrocorax auritus floridanus) at Darien, Ga.? The bald eagle preys to only a limited extent on the native galli- naceous birds, and then probably for the most part when other means of sustenance are scarce. In Alaska it lives somewhat on ptarmigan (Lagopus), particularly in winter, when ducks and geese are gone and fish comparatively hard to obtain. Mr. G. Eifrig records finding a young eagle fighting a wild turkey on Knobley Mountain near Cumberland, Maryland. Audubon says that the bald eagle used to frequent the roosts and breeding places of the passenger pigeon (Hctopistes migratorvus) for the purpose of picking up the young birds that happened to fall from the nests or any old ones that chanced to be wounded, but that it seldom followed the migrat- ing flocks of pigeons. POULTRY. Domestic fowls, principally chickens and ducks, are sometimes killed, to which fact several writers testify. Mr. Charles F. Batch- elder was informed that in northeastern Florida the eagle at times carried off poultry, even venturing near the houses for this purpose. Dr. S. D. Judd found a recently killed Plymouth Rock hen in the nest of a pair of eagles near Marshall Hall, Md.; he also states that at the same place domestic ducks are occasionally taken. Yet this eagle does not seem to be a confirmed chicken stealer, and levies on poultry only when most accessible or when other supplies fail. MAMMALS. Mammals of many kinds constitute a considerable share of the food, but the larger quadrupeds are not often attacked. The four-footed animal, unless a large one, when struck by the eagle has little chance for escape, since one talon usually pins the two fore legs and head together, while the other pinions the hind feet, and the beak soon breaks the spine of the victim. If the animal be too large to be carried away, the eyes are the first point of attack. At favorable opportunities this eagle preys upon fawns, and pressed by hunger will sometimes attack a full-grown deer, particu- larly if the latter be wounded. Remains of a mule deer (Odocoileus canus) were found by Dr. E. A. Mearns in the stomach of one from the Mogollon Mountains, Arizona. Mr. EK. W. Nelson is authority for the statement that in northern Alaska it feeds at times on young a Vol. LLL, 1875, p. 324. 6 Bendire, Life Histories of North American Birds [I], 1892, p. 279. eee NORTH AMERICAN EAGLES. reindeer (Rangifer arcticus). Even the wily fox sometimes meets its fate at the talons of this powerful bird, as is shown by Mr. Vernon Bailey’s report that at Provo, Utah, a farmer found a gray fox (Urocyon scotti), evidently just killed, which a pair of eagles was busy eating. Opossums (Didelphis) and raccoons (Procyon ltor) are sometimes captured, but the nocturnal habits of these animals probably account for their not being more frequently obtained. Mr. Thomas Mcllwraith mentions that an eagle shot on Hamilton Bay, Ontario, had the bleached skull of a weasel hanging firmly fastened by the teeth into the skin of its throat, a grewsome relic of a former desperate struggle. Rodents of various kinds form an element of some importance in the diet of the bald eagle. Where squirrels (Scourus) are plentiful they are freely eaten. In California, according to Dr. J. G. Cooper, large numbers of the destructive ground squirrels, or spermophiles — (Citellus), were formerly killed on some of the ranches, the birds receiving protection in consequence; and instances were reported to him of young eagles reared from the nest and kept in a semi-domestic state, which went out daly to kill squirrels—a hint, perhaps, for California wheat raisers. Prairie dogs (Cynomys ludcv:- cianus) are eaten occasionally, but not so commonly as doubtless they would be were this eagle more numerous in the regions where these destructive rodents most abound. Mr. William Lloyd reports visiting a bald eagle’s nest containing young, to which the adult birds were seen to bring two prairie dogs; and skins of this mammal were found among the debris of the nest. Rabbits are frequently taken for food; rats and even mice occasionally. DOMESTIC ANIMALS. Unfortunately the bald eagle’s fondness for mammal flesh leads it to attack domestic animals. This happens rarely to the larger kinds, though a sickly or weakling calf may once in a while be killed; but sheep and hogs in some places suffer considerably. Full-grown healthy sheep are seldom killed, the attacks being confined principally to sick or weakly animals and to lambs. Alexander Wilson quotes at some length from Mr. John L. Gardiner, who a hundred years ago lived near the eastern end of Long Island, New York, showing that this eagle at that early day had already acquired a fondness for mutton. Mr. Amos W. Butler mentions* an eagle taken in Knox County, Ind., in October, 1896, that had killed two lambs. Mr. A. F. Gray records? an instance at North Coventry, Chester County, Pa., of an eagle that carried off a large lamb and returned the following day for another; and Mr. J. Otis Fellows tells* of an eagle that at Hornells- a'Twenty-second Ann. Rep. Dep. Geol. and Nat. Res. Indiana, 1897 (1898), p. 794. 6 Forest and Stream, V, 1876, p. 195. ¢ Ibid., X, 1878, p. 319. st 1 ae eS Lh lhe ee eee eee ee so ” ee a BALD EAGLE. 15 ville, N. Y., in the spring of 1878 swooped down on a flock of sheep, and, as he expressed it, ‘‘made a breakfast on lamb chops before he could be driven off.” Mr. H. W. Henshaw, writing of the northern Pacific coast region of the United States, says that many lambs were annually destroyed by the bald eagle. Many writers note the destruction of swine by the bald eagle, but these reports almost all refer to young animals. In places, par- ticularly the southeastern United States, where this eagle is common, and where large numbers of pigs are raised and allowed to run more or less wild, there is from this source a loss that at times is by no | means insignificant, the bird occasionally venturing boldly even close to human dwellings in pursuit of its prey. Wilson records that in the lower parts of Virginia and North Carolina in his time it destroyed great numbers of young pigs, and that complaints there against the bird were very general. A writer in Forest and Stream‘ states that a bald eagle was killed by a Mr. Towry near Smithville, Miss., as it was feeding on one of two hogs that it had just killed; and Mr. C. J. Maynard says that in Florida he once saw three eagles attack- ing several young pigs which were, however, vege defended by their mother. Mr. Vernon Bailey reports that on one occasion the little dog of a ranchman in the Davis Mountains, Texas, was picked up by a bald eagle, but finally dropped. Dogs are, aswoaae sometimes eaten. MISCELLANEOUS. — The bald eagle does not disdain carrion, and in some parts of the arid West it lives at times to a considerable extent on the cattle and smaller domestic animals that fall victims to drought or other catas- trophe. Several of the early ornithological writers, including Wilson, mention its abundance along the river below Niagara Falls, whither — it used to resort for fish and for the carcasses of the various animals that had been precipitated over the falls. Wilson tells also that on one occasion when many thousands of tree squirrels were drowned in attempting to cross the Ohio River not far from Wheeling, W. Va., and a great number drifted to the shore, a bald eagle for several suc- cessive days regaled itself on them. Carrion was found in the stomachs of two eagles examined by Dr. A. K. Fisher; Mr. Horace A. Kline has seen this bird along the Wakulla: River in Florida feeding on the carcass of an ox, again on that of a sheep; and Mr. L. M. Turner, while visiting Atkha Island in the Aleutian chain, Alaska, found a pair wrangling with gulls and ravens over the decaying remains of a sea-lion. Sometimes it drives away the gathered vultures or the dogs from their repast and keeps them at a respectful a“G. C. E.,” Forest and Stream, VIII, 1877, p. 17. 16 NORTH AMERICAN EAGLES. distance until its hunger is satisfied. Furthermore it does not hesi- tate even to pursue the vultures and compel them to disgorge, when if it fail to catch the coveted morsels before they reach the ground it alights and devours them. Audubon relates that on one occasion he saw it kill a vulture that for some reason was unable completely to disgorge. Along the shore of the Bay of Fundy, in May, 1833, Audubon found this eagle in company with crows and ravens olde on mussels and ‘sea eggs.’ Occasionally it seizes prey that it is unable to eat, as in the following case mentioned by Maj. C. E. Bendire on the authority ef Mr. Samuel B. Ladd: The ground beneath a nest found by the latter gentleman in Lancaster County, Pa., was strewn with land terrapins in various stages of decay, which the eagles had evidently taken to feed their young and upon more careful examination thrown out of the nest. ® ECONOMIC STATUS. ‘Since the bald eagle feeds largely on fish of various kinds, it of course destroys species useful to man, and to this degree must be con- sidered injurious; but the total amount of this harm would seem to be comparatively small, for much of its finny prey consists of species not economically important. On the other hand the devouring of ‘vast quantities of dead fish, that if left to decay would pollute the air, is a positive benefit. Its destruction of ducks, geese, and other water fowl, all of which are available as food for man, is perhaps its most serious because most frequent fault; but this is to a con- siderable extent local, and confined largely to the winter and the seasons of migration. It attacks gulls and other non-game water birds so seldom that even were their economic value much greater than it is there would be little against the eagle on this score. Upland game birds are not often cho as ted, and song birds are nd considered too small to be worth pursuit. Although not often attacking large animals, it sometimes kills fawns. This, however, is much more than et by its destruction of such more or less noxious mammals as opossums, raccoons, ground squirrels, prairie dogs, rabbits, rats, and mice. The complaints lodged against this eagle for the destruction of poultry and the smaller domestic animals, such as pigs and sheep, seem to come largely from the southeastern United States, in localities where the bird is rather numerous, where other food is at times scarce, and where the domesticated animals are easy of access; but the total amount of this damage is, comparatively speaking, not great. The bald eagle is, moreover, nhiast everywhere somewhat of a scavenger, a trait that hole be set down to its credit. All things considered, the bald eagle is rather more beneficial ‘an otherwise, since much 5 its food is of little or no direct economic & oe iT oat es fe ee IEE! Cay: PsP ee S he ee ore POT Lae Mer > a> ml ee SF mm: Ta = = z = - 35x = =< + > e. re Pues a: a ae . ; 4 ke 2 ia ec, Eee orks. . tk] wey 7 Me at a3 ~ lhe "7 BALD EAGLE. 3 4 Li value, while the good it does more than compensates for its obnoxious _ deeds; and furthermore it seems not likely ever to become abundant enough in any locality to be seriously destructive. DESTRUCTION BY MAN. By reason of its size, strength, power of flight, its manner and place of living, this eagle has no formidable enemies except man. In some localities, as for instance parts of California and Ohio, it is held in high regard by the people on account of its beneficial or interesting habits; but in most places it is the victim of the all too common impulse to kill or of an exaggerated estimate of its destructiveness. It has _ been much reduced in numbers along the Niagara River below the falls by hunters aware of its habit of resorting there for food. Mr. James H. Gaut, while in the field for the Biological Survey, reported from the Wichita Mountains, Oklahoma, under date of May 28, 1904, that a few years previous this species was quite numer- ous in that locality, but at the time of his visit almost extinct as a result of persistent persecution by the Indians, who prize the tail- ' feathers for decorating their war bonnets. The two largest feathers of the tail bring a dollar each, while the others are sold for fifty cents apiece. The rifle and the shotgun are the implements of warfare that seem to be most frequently employed against this eagle, though sometimes the steel trap has proved equally effective. There is some question regarding the effect that poison has on the bald eagle, and unfor- tunately we are unable to settle the question. Mr. Thomas Mc- Ilwraith states that in winter at Hamilton Beach, Ontario, poisoned carcasses placed near the edge of the ice are readily eaten, and that often the bird dies before leaving the spot. Audubon, however, mentions an entirely unsuccessful attempt to poison an eagle of this species,? during which a number of mineral poisons were successively administered in large doses, including a dram of corrosive sublimate and an equal quantity of white arsenic, but none of these produced the slightest apparent effect. Strychnine is commonly supposed to _ be a certain means of death for eagles, but why this should be so if mineral poisons are harmless 1s not clear. In most of the States of the Union and in many of the Canadian provinces the bald eagle is protected by law, either specifically or by general enactment, but in a few it is still specially exempted from the provisions of the general non-game protection acts. For many reasons, patriotic, esthetic, and economic, this fine eagle is worthy of preservation, and not only should it everywhere be protected by legislation, but public sentiment ought to be aroused in its favor that it be not exterminated from our domain. @ Ornith. Biog., L1, 1835, p. 163. 18 NORTH AMERICAN EAGLES. -GRAY SEA EAGLE. (Halizxetus albicilla.) The gray sea eagle is of about the same size as the bald eagle, from which it differs most noticeably in brownish instead of pure white head, neck, and upper tail-coverts. Its technical name—Halheetus albicilla—means literally ‘white-tailed sea eagle,’ and its English name, ‘sea eagle,’ originated from its well-known fondness for the seacoast. It ranges over most of Europe, including Iceland and Nova Zembla, also the greater part of Asia, south to northern India and Asia Minor and to northern Africa; in North America it occurs, however, so far as known, only in Greenland, on the shores of Cum- berland Sound, and on the Aleutian Islands, in the Jast locality positively recorded from only Unalaska Island, though doubtless to be found elsewhere. In Europe there is a more or less well-defined southward movement in autumn, at least from high northern lati- tudes, but in Greenland, where this bird is common and breeds, it remains over winter, and there is no record of its occurrence on the American Continent to the southward. GENERAL HABITS. Although but locally, and to some extent seasonally, common, even in the vicinity of the seacoast, where it usually breeds, it is found also about lakes and rivers, sometimes far in the interior and occasionally even away from water. It lives preferably about cliffs or rocky islets, yet where such are not available it haunts the forests or even the open country. It is fond of lofty perches from which it can survey the neighborhood for miles around, and here it watches for prey, which it is said to hunt largely during the early hours of the day. It seems to be less on the wing than some other eagles and ordinarily does not fly at so great a height. It is not gregarious; is wary, though sometimes allowing a close approach; and its note is a shrill scream. It mates for life, although if one of the pair be killed the other soon contents itself with another mate. Kept in confine- ment, to which it can be readily accustomed, it often becomes docile. In Europe this eagle breeds from February to May, according to latitude; in Egypt, during December and January; in Greenland, about May. The nest is placed on a cliff or rock pinnacle, in a tree or even on the level ground. When on a rock or a cliff, either of which seems to be a favorite location, it is often in the wildest part of the coast and practically inaccessible to enemies. It isa bulky structure, — sometimes 6 or 8 feet in diameter and 5 or 6 feet in height, nearly flat on top, and is composed chiefly of sticks, lined with twigs, dry grass, weed stalks, moss, and seaweed. The eggs are commonly two, fis f I RS | { width eh Sta ie 4 eee Yet eee ie Oe ell Siete rer LOL fe | > “i, yeep (cee ay he, ee oe ‘ai “et QR GRAY SEA EAGLE. 19 occasionally one or three in number, and are white, normally unspotted. The same aery is occupied for many successive seasons, sometimes as many as twenty or more, and receives additions and repairs each year as necessity requires. Both male and female take part in the incubation, which lasts about a month. LooD. Fish forms one of the chief articles of diet, especially in summer, - and is obtained in part by fishing much after the manner of the osprey. Once in a while a fish too large to be managed is attacked, and the eagle, if unable to extricate its talons, is drawn under the _ water and drowned. The dead fishes and other offal thrown up by the waves along the shore are, however, quite as much to its taste as freshly caught fish, and the gulls that gather about such food are often driven away by the sea eagle until it has appropriated all it desires. One eagle was found to have gorged itself from the carcass of a stranded whale. : Birds also, principally waterfowl and game birds, are an important element of diet. The various kinds of water birds along the coast furnish a ready supply of food, and from vantage point of rock or cliff the eagle swoops down on its victims. This bill of fare includes plovers, curlews, cranes, grebes, wild geese, coots, ducks of various species, and indeed almost all kinds of water birds; also bustards are sometimes taken. Meves states that on one occasion in western Russia, at a nest containing two young eagles respectively about five and eight days old, he found remains of the following birds: Two elders (Somateria sp.), one red-breasted merganser (Merganser serrator), one goosander (Merganser merganser), and two long-tailed ducks (Harelda hyemalis). At certain times, particularly in winter, and in certain places, especially in the interior, the sea eagle destroys many grouse, pheasants, and other upland game birds, and occa- sionally, when other food becomes scarce, also crows and small song birds of various kinds. -Dr. G. Rérig found remains of an ow! in the stomach of one individual. It is known also to carry off poultry even from the vicinity of farmhouses. Though of powerful build the gray sea eagle is not so bold and active as many of its relatives, and apparently seldom attacks large animals. Mr. A. von Homeyer states that on one occasion he saw it kill a fox, and Dr. G. Roérig found remains of a fox in one of the eagle stomachs he examined. In winter, however, when in sore need of food, it has been known to attack a deer, and it sometimes kills young seals. It is fond of rabbits (Oryctolagus cuniculus) and hares \Lepus tumidus), and particularly in winter feeds upon them to a considerable extent. On the steppes of southern Russia it often pounces upon ground squirrels (C%tellus citellus), and in the same 20 NORTH AMERICAN EAGLES. region it is said to hunt moles (Spalax pallasu and Spalax typhlus) and to seize them while they are working below the surface of the soil. It preys somewhat also on mice, rats, and other small mammals, occasionally even a dog. In some sections shepherds complain that, whenever opportunity offers, this eagle attacks weak or sick sheep and kills a good many lambs. It apparently feeds readily on any kind of carrion. ECONOMIC STATUS. Altogether, the gray sea eagle appears to do more harm than good, and in some localities laws have been passed providing for its destruc- tion. In North America the species occupies an area so small and so far to the northward that it is not likely ever to become an economic factor of importance. GOLDEN EAGLE. (Aquila chrysaétos.) Few if any eagles are better known than the golden eagle, nor more nearly comport with the idea of strength and independence asso- ciated with such birds. With one possible exception no eagle has so wide a geographical distribution: it is found at some season of the year throughout most of Europe, northern Africa, Asia south to the Himalayas, and in North America south to Mexico. It breeds, however, principally in hilly or mountainous regions, preferably in unsettled parts, and in North America chiefly in the north and west, but also along the Appalachian Mountain ranges to southern N ont Carolina. The adult golden eagle, or ‘mountain eagle,’ as it is sometimes called in the western United States, is about 3 feet in length, 7 feet in expanse of wing, and sometimes weighs 12 pounds or more. It is entirely dark brown in color, with pointed yellowish brown feathers covering the hind neck, whence the name ‘golden’ eagle. Young birds are more blackish and have the base of the tail white, from which they have been called ‘ring-tailed’ eagles, a plumage retained for at least three years; but the species may always be distinguished from the bald eagle, the only other eagle of common occurrence in the United States, by the feathering of the legs, which in the golden eagle extends quite down to the base of the toes. GENERAL HABITS. While it does net winter in the most northern parts of its range, the golden eagle is not, strictly speaking, migratory, for, being able to endure the severest cold, its movements into regions not occupied in summer are more in the nature of wanderings, induced doubtless by search for food, and probably are seldom extensive. It can Bull. 27, Biological Survey, U. S. Dept. of Agriculture. PLATE Il. GOLDEN EAGLE (AQUILA CHRYSAETOS). (Drawn by R. Ridgway.) GOLDEN EAGLE. : 21 scarcely be considered common anywhere in the eastern United States and in most sections is very rare, but in some parts of the West it is fairly abundant. The mountains and rocky hills are its chosen abode, whence it issues on its forays; and it is just as much at home in the desert as in well-watered regions. It has a strong, well-sustained flight, and may often be seen soaring in circles at great height above the earth. It is usually wary, and is rather a solitary bird, seldom seen in more than pairs, though on some occasions it has been observed in small flocks, even in the eastern United States. Its cry is a sharp, harsh scream of few notes, and is heard most often during the breeding season. So far as known it mates for life, or at least for many years, though at the death of either of the pair, the other more or less promptly secures a new consort. In nature it is fierce and untamable, and it will sometimes attack even man, par- ticularly if disturbed when feeding. In captivity it may easily be kept for years, but with disposition quite unchanged. The golden eagle builds its nest usually on rocky cliffs, sometimes — on steep river bluffs, often in practically inaccessible places; but in many localities, such as the Pacific coast region of the United States, trees are utilized, the height from the ground varying from 10 to over 100 feet. The site chosen is preferably in an uninhabited spot, but occasionally not far from a farmhouse. In the latitude of cen- tral California the eggs are deposited late in February, in March or April, but in Arizona sometimes in January, and along the northern | part of the bird’s range as late as May or even June.. The same nest is occupied year after year, provided the bird be undisturbed, but if the eggs be taken, breeding is ordinarily abandoned until the follow- ing season, when a new nest is constructed near by, sometimes even on the same tree; and the bird, if again molested, reoccupies the original aery. | The nest is a well built though bulky structure, commonly when first constructed not very large—about 23 or 3 feet high and 34 or 4 feet in outside diameter—but by the additions monde during suc- cessive years finally sometimes 7 feet high and 8 feet in diameter, and containing fully two wagonloads of material. It_is practically a strong platform having a slight depression for the eggs, and is com- posed largely of sticks, some of them 2 or 3 inches in-diameter, twigs, roots, weed stalks, branches of evergreen, leaves, and rubbish of various kinds, with more or less lining of straw, grass, moss, bits of bark, pine needles, green or dry leaves, and feathers, and with often the addition of a piece of ‘soap root’ (Chlorogalum pomeridianum) Gn California) or fresh evergreen, apparently as an ornament or. badge of occupancy. The eggs are usually two in number, occasionally one or three, very rarely four, and range in color from plain white to very heavily. —_ NORTH AMERICAN EAGLES. They are not usually depos- ited on successive days, but at intervals of sometimes as much as a marked with various shades of brown. The period of incubation has been given variously as from twenty-five to thirty-five days; probably thirty days is the average week. oS ive) ES eee | Oe ade a ae Sra (Sd a La ede. jor X-¥ iva Fa = st hatched are covered with a white down | = AN \W AK \\ “ 5 ws ARS S\ AN aes rE ‘ Wy Oe NCO ee 2 i. a iw wse, See = RR ROCA RL TH olden eagle (Aquila chrysaétos). eg Fig. 2.—Breeding range of th which lasts for several weeks until gradually replaced by the new brown feathers. The youn g grow rapidly, but remain a long time =, They are sometimes sav- in the nest—from two to three months. age and while in the aery resent any familiarity, but sometimes may be handled almost with impunity; probably individual temperament GOLDEN EAGLE. , 23 has much to do with this difference. Contrary to the many stories current regarding the fierceness of the golden eagle in defense of its rood, it strangely enough very rarely attacks persons who approach or even rob its nest. Indeed, at such times it seems to be actually cowardly, or at least quite unsolicitous for the safety of eggs or young, and at anyone’s approach quietly leaves the vicinity. The male apparently does not assist in incubation, but shares in brood- - ing the young, and in shading them when the heat of the sun becomes too great. FOOD HABITS. The golden eagle is apparently not so swift in flight as the bald eagle, and less often chases its prey on the wing, preferring to hunt mostly by soaring or slow flying and dropping suddenly upon the selected victim. It also has favorite perches from which it watches for prey. The two birds of a pair hunt often together, and many a victim is thus taker. that would escape a single bird. The favorite time for hunting is the forenoon, unless the day be cool and cloudy. Although inured to long fasts, this species is, like most other birds of prey, a voracious eater, and at every opportunity gorges itself to repletion. Birds are partially or wholly plucked before being eaten; the larger mammals are often decapitated and stripped of their fur; but small mammals are swallowed, bones, hair, and all, and the indigestible parts finally disgorged in pellets at intervals of a few days. The young are kept well supplied with food, often with much more than they can eat, brought at least two or three times a day. Foop. MAMMALS. Mammals form one of the two most important elements of the food of this species. The larger kinds appear not to be often attacked unless wounded or sick, but their young are frequently victimized. This is particularly the case with various species of deer in both Kurope and America. Mr. Charles F. Morrison records the killing of a full-sized black-tailed deer (Odocoileus hemionus) in Montana, and there are numerous accounts by other writers of attacks on crippled, weak or sickly deer. Also the deer that are wounded by hunters and that escape only to die are often devoured, and, on occasions like the one in New Jersey recorded by Mr. John H. Sage, the eagle gorges itself to such an extent that it can be killed with a club. The number of fawns killed, particularly where deer are at all numerous, . must be large, for most observers unite in saying that fawns form an important article of the golden eagle’s food. The young of also other ungulates, such as antelope, wild sheep, and reindeer, are some- times taken. The shooting of a mountain goat or other large game animal in a country where this eagle abounds frequently attracts 24 NORTH AMERICAN EAGLES. the bird to the spot with the hope of a repast. Foxes are occasion- ally eaten, as the stomach examinations made in Germany by Doctor Rorig testify. Audubon says that raccoons are sometimes taken as food. Probably no mammals are ‘more frequently fed upon thaw hares and rabbits, due no doubt to their abundance, wide distribution, and ease of capture. Nearly all writers on the aiden eagle mention rabbits as a component of its food. Mr. W. Steinbeck reported that at Hollister, Calif., rabbits formed one of the principal parts of the bird’s diet, as they do in many other localities. These animals are frequently brought to the young, and at almost every aery the skulls and other bones of rabbits are conspicuous. In Europe the com- mon rabbit (Oryctolagus cuniculus) is sometimes captured, though apparently not so often as other species of the family. Mr. E. 5S. Cameron, who has recently published a very interesting account of the nesting and food habits of this eagle,“ mentions that on one occa- sion when one of his birds made a swoop at a jack rabbit and missed, whereupon the rabbit sought refuge in a prairie dog burrow, the eagle took up a position near by to await its appearance. While usually content to secure its prey by stealth, the golden eagle some- times exerts its powers of flight in open chase. In one instance, witnessed by Mr. W. L. Atkinson near Santa Clara, Calif., a pair of eagles pursued a large jack rabbit across a field and caught it after an exciting hunt. The large northern hares, in both Old and New Worlds, even more frequently than other rabbits fall a prey to this eagle. In Scotland, according to Saunders, these animals form a considerable part of its food, and in many of the deer forests of the European Continent, at least ‘during some seasons of the year, little else is eaten. An eagle of this species killed March 19, 1897, at Ait- kin, Minn., is recorded by Mr. Albert Lano® to have made a meai off the common white hare (Lepus americanus virginianus) of that region; and the stomach of a female shot by Mr. J. Alden Loring at Jasper House, Alberta, in 1895, contained the remains of young hares (Lepus americanus columbiensis). 7 In some parts of the western United States, particularly in Cali- fornia, where ground squirrels, or spermophiles (Citellus), are numer- - ous, these animals form an important food supply, and their destruc- tion is probably the best service rendered by the golden eagle. At Sargents and Hollister, Calif., according to Major Bendire, they are the principal regimen, and Mr. J. E. McLellan reported the same condi- tion in San Mateo County and at Pescadero, Calif. Mr. W. L. Finley, in a recent article on the nesting of the golden eagle, has some inter- a Auk, XXII, 1905, pp. 158-167, pls. II-VI. 6 Auk, 1897, p. 317. eae y Calendar, I, 1905, pp. 41-46. GOLDEN EAGLE. 25 esting observations on the food habits during the breeding season. The nest of a pair near Oakland, Calif., was kept by him under sur- veillance from the time the eggs were laid until the young had flown, and during this period the food apparently consisted almost entirely of spermophiles (probably Citellus beecheyr). As many as four of these were found lying on the nest at one time, and the remains about the nest, as well as the pellets cast up by the young, came almost wholly from ground squirrels. Mr. Finley estimated that at least six spermophiles were consumed daily by this family of two young and two adult eagles, which seems to be a conservative statement: on this basis 540 spermophiles were destroyed during the three months - the young occupied the nest. In an eagle’s aery near Marathon, Texas, the writer found, among other things; a spermophile (Citellus mexicanus parvidens), but in this region, doubtless owing to the greater abundance of other food, particularly rabbits and prairie dogs, this animal is apparently not so frequently eaten. Along the Anderson River in Arctic North America, however, the spermophiles (Citellus parryi) that there abound are, odin to Mr. nh MacFarlane, an important source of food. Tree squirrels (Sciuwrus) are sometimes Paeared though by no - means so often as spermophiles. The former have been found in California aeries by Mr. H. R. Taylor and Mr. C. Barlow, and Dr. C. H. Merriam records that an Abert squirrel (Scwwrus aberti) was found in the stomach of an eagle killed in August, 1889, on San Francisco Mountain, Arizona. Where prairie dogs (Cynomys) occur abundantly in the vicinity of an eagle’s aery they furnish by no means a small part of the bird’s food, and the number destroyed must be large. In the aery. near Marathon, Texas, we found two prairie dogs (Cynomys ludovicianus) practically untouched, while many bones of the same species were recognized in the debris scattered on the rocks below. Mr. Bailey found bones at a nest near Cuervo, New Mexico. Prof. D. E. Lantz informs the writer that in Haskell County, Kans., at.a time when prairie dogs were being poisoned, he has seen eagles, principally of the present species, come often to feed on the dead and dying animals, but without apparent injury from the poison. Marmots, woodchucks, or ground hogs (Marmota), as they are variously called according to locality, are not infrequently devoured, particularly in the western part of the United States. Mr. J. A. Loring saw an eagle pursuing a half-grown hoary marmot ( Marmota caligata) at Henry House, Alberta, in July, 1896, and Maj. C. E. Bendire records that at Camp Harney he has found the half-eaten carcass of a yellow-bellied marmot (Marmota flaviventra) in a nest of this eagle, and has even surprised an eagle from the ground as it was feeding on one of these animals it had just killed. Brehm states that 26 -NORTI AMERICAN EAGLES. the European hedgehog (Hrinaceus europxus) is sometimes captured by the golden eagle, and that this animal’s spiny coat, so efficient a protection against many of its enemies, is apparently little or none against the eye Vv arious smaller mammals, particularly rodents, are at times eaten. Mr. Vernon Bailey discovered bones of a pocket coon (Cratogeomys castanops) among those of other animals at an aery near Cuervo, New Mexico, and these and similar gophers are doubtless elsewhere taken. In Europe the native rats (Mus) and in North America the wood rats (Neotoma) are eaten by both adults and young. Mr. R. MacFarlane records that in the region of the Anderson River in Arctic America mice and lemmings form a part of the food, but such ignoble: quarry is probably a last resort. DOMESTIC ANIMALS. ~The golden eagle seldom attacks full-grown domestic animals, but often kills their young, particularly where easily accessible or when other food is not readily obtainable. Lambs are apparently the most frequent victims, and although the eagle probably seldom if ever carries a weight of more than 10 or at most 12 pounds, and the lambs taken are therefore of rather small size, the damage to flocks in many localities, in both Europe and America, is considerable. According to Mr. William Brewster, young lambs in the valleys of the mountain _ region of western North Carolina are subject to the attacks of this eagle, but the bird is not common enough there to do much damage. In the West, however—in California as elsewhere—it is very trouble- some on many of the sheep ranches, and is therefore cordially hated by the sheep owners, who lose no opportunity for its destruction. Mr. EK. S. Cameron, writing for the vicinity of Fallon, Mont., states that the eagles whose nest he watched carried off a number of lambs, but ceased their depredations after one of their young was killed by a shepherd. Mr. Cameron states also that some thirty years ago this eagle was abundant on the western coast of Scotland and that each pair during the breeding season taxed the sheep farmer one or two lambs every day. So numerous and so destructive did the eagles become that a war of extermination was waged against them by the farmers and hundreds were killed. On the continent of Europe a single sheep farm is said to have lost from raids of the golden eagle alone as many as 35 lambs in a single season. Other domestic animals are not infrequently seized for food. In some places in Europe and America kids and even goats are attacked by this eagle. Calves, too, are sometimes killed, even in well-settled regions, and Mr. Oliver Davie records that a golden eagle captured near Columbus, Ohio, had caused the farmers considerable annoyance in this way. Mr. J. A. Loring in 1892 was informed by ‘2 re a, GOLDEN EAGLE. 97 Mr. J. Tevebaugh of Cochetopa Pass, Colorado, that one of these birds once assailed one of his young calves, but was beaten off by the mother. Pigs are sometimes attacked even in their pens, and Mr. A. W. Butler states that an eagle was killed in White County, Ind., in December as it was hovering and about to swoop down on a litter of little pigs. It once in awhile makes a meal off a dog; and it has been known to pounce upon a domestic cat, but such an occurrence is doubtless unusual. WILD BIRDS. Birds of various kinds, together with mammals, form the bulk of the golden eagle’s food. The larger species of birds are the ones most commonly taken, while the smallest song birds pass practically unnoticed. Upland game birds appear to be preferred to all other birds and are persistently hunted. The different kinds of grouse, no doubt from their general distri- bution over the areas occupied by this eagle, are much sought by it as food, both in Europe and America. In eastern North America the ruffed grouse (Bonasa umbellus) suffers, in the West the blue erouse (Dendragapus obscurus), the sage grouse (Centrocercus uro- phasianus), and especially the sharp-tailed grouse (Pedvoecetes phasi- anellus and subspecies). Mr. Robert Ridgway records an instance of the pursuit of a sage grouse by a pair of eagles on the Kast Hum- boldt Mountains, Nevada, in which the grouse was overtaken in open chase and seized and borne away the moment it alighted on the eround. Near Lewiston, Idaho, Mr. H. W. Henshaw shot a golden eagle that was eating a freshly killed sharp-tailed grouse, and the Nez Perces Indians told him that grouse were often killed by golden eagles. Dr. J.C. Merrill found a dead sharp-tailed grouse (Pedioecetes phasranellus columbianus) in an eagle’s nest near Fort Custer, Mont., and Mr. KE. S. Cameron, in regard to the nest in Montana previously referred to, says that his eagles must have destroyed large numbers of sharp-tailed grouse, since he never visited the nest without finding one; and when the young eagles were nearly grown they were fed almost exclusively on this game bird. The killing of so many in their breeding season is of course particularly disastrous to the species. From what is known, the golden eagle seems to be partial to this grouse, and the total annual destruction must be very large, though there are no accurate means of determining its extent. Still an estimate of the probable number of sharp-tailed grouse destroyed . may be interesting. Allowing a pair of eagles to every 100 square miles in Montana, which is probably conservative, there would be 1,450 pairs in the State, and should each one of these pairs kill only one grouse per day for the three months during which eaglets remained in the nest, 130,500 grouse would be destroyed in Montana during this period alone, while it is not to be supposed that at other 28 NORTH AMERICAN EAGLES. times the eagles refrain entirely from a diet of game birds. Further- more, since at this time the grouse themselves have young or eggs, the death of the parent birds means usually the loss of the brood, and this would amount at the lowest calculation to double the number of adults (probably much more) or 261,000 young. Adding to this \ the adults, there results a total of 391,500—a number that is aston- — | ishingly large, yet doubtless well within the truth. The destruction of young is of course not as detrimental as that of an equal num- ber of adults, for the young have less chance in the struggle for exist- ence, and in the above calculation ample allowance has been made dine. In Europe the black grouse (Lyrurus tetrix) and other species of grouse, as well as pheasants, are assiduously sought by the golden | eagle and in some localities their numbers seriously depleted. Mr. EK. S. Cameron states that on the island of Jura, Inner Hebrides, the grouse, once abundant on the moor, were so much molested by this bird of prey, which hunted them much as does a peregrine falcon, that they left the place. In the northern regions ptarmigans (Lagopus) ee furnish a part of this eagle’s food. The red grouse of Great Britain (Lagopus scoticus) and the various other ptarmigans of Europe, as well as those of Alaska and Arctic North America, are among the victims. Mr. R. MacFarlane has found ptarmigans in the nest of the golden eagle on the Anderson River, Mackenzie, and these birds are probably often fed to the young. Wild turkeys, particularly in regions where ake are numerous and not wary, are, owing to their size, attractive quarry for the golden eagle; and, at least formerly, noha occupied no insig- nificant place on its bill of fare, to which effect we have the testimony of Audubon and other authors. Also bobwhites (Colinus) are sometimes taken, as is evidenced by a specimen of the golden eagle killed near Wooster, Ohio, which had remains of one in its stomach. Mr. J. B. Purdy records the — capture of an eagle near Northville, Mich., which was so intent on its pursuit of a covey of bobwhites that it eee itself in a thicket of raspberry bushes. Wild waterfowl are not so much hunted by the golden eagle as by _the bald eagle, but are, nevertheless, an important article of diet. Occasionally game of this kind that has fallen to the gun of the hunter will be seized and borne away before his eyes. Mr. R. MacFarlane mentions ducks as a part of the regular food in the region of the Anderson River, Mackenzie, and Mr. L. M. Turner makes a similar statement regarding the coast of Alaska. Geese and swans, particularly the former, are the principal other water birds eaten; but curlews, plovers, and probably similar species, at 2 A * GOLDEN EAGLE. 29 least in Europe, are once in a while appropriated. Mr. George A.- Boardman has seen a great blue heron (Ardea herodias) attacked by a golden eagle, but whether to make a meal from it or for some other reason was not apparent. A few additional kinds of wild birds are known sometimes to be taken. Prof. A. E. Verrill records that a golden eagle was captured near New Haven, Conn., while feeding on a red-tailed hawk (Buteo borealis), portions of which were found in its craw—strange prey for an eagle! Dr. G. Rérig found remains of a short-eared owl (Nyctalops accipitrinus) in the stomach of a golden eagle from Ger- many. Mr. E. S. Cameron says that his Montana eagles often brought meadow larks (Sturnella neglecta) to the nest for the young to eat. Brehm states that the trustful calandra lark ( Melanocorypha calandra) of Europe is occasionally killed for food, but this is prob- ably in default of other prey. POULTRY. On occasion the poultry of the farmer is laid under tribute, but complaints of this are not frequent. Brehm tells that in Europe he has known the domestic turkey to be attacked even in the poultry yard. Mr. William Brewster says that in the mountain valleys of western North Carolina geese are sometimes destroyed, and Dr. E. A. Mearns records an instance of the same near Cold Spring, N. Y. MISCELLANEOUS. In some localities, particularly in the arid western United States, snakes of various kinds, particularly the larger ones, are not infre- quently killed for food. Mr. E. S. Cameron says that his eagles brought numbers of rattlesnakes( Crotalus confluentus) to the young, and that once he noticed a bull snake (Pityophis sayz) in the nest. The rattlesnakes were said to be caught by being seized close behind the head, after which the head was torn off and eaten and the body Ponered to the aery. Carrion of any kind is acceptable, though apparently not usually so when other food is plenty and easily obtained. Mr. Cameron states that the pair of eagles whose nest was watched by him never, so far as he was aware, took carrion to the young, although there - were numerous carcasses of cattle scattered about the neighborhood. Mr. KE. W. Nelson, however, has reported this eagle’s feeding on the remains of a hog in Illinois; Mr. C. L. Rawson has recorded its devouring a sheep that had been killed by dogs near Salem, Conn.; and Prof. F. KE. lL. Beal informs the writer that once in Iowa he has known of its eating a dead cat on the prairie. Dr. A. K. Fisher found carrion in the stomach of a golden eagle killed at Gaithersburg, Md., in December, and also in that of one obtained at Whipple 30 NORTH AMERICAN EAGLES. Barracks, Ariz.,in the same month. Mr. L. M. Turner states that in Alaska the dead fishes along the shore are at times probably eaten, though he seems to have no actual proof of this occurrence. Tortoises are occasionally captured, and, according to Brehm, are made ready for eating by being dropped from a height to break the shell. Mr. Vernon Bailey found remains of a tortoise among the debris under an eagle’s aery at Cuervo, New Mexico. But possibly the - most remarkable food that the golden eagle has ever been known to— eat is that which Brehm says was once found in its stomach by Doctor Reichenow—potatoes! In captivity this species readily accepts any kind of fresh meat, of which it will consume as much as two pounds daily. It also has been known to eat a piece of cooked beefsteak. Curiously enough, some individuals refuse to touch flesh that is in the least degree tainted, or even that has once accidentally been dropped from the claws. Chickens, sparrows, and other birds, cats, squirrels, rats, and other mammals, alive or dead, as well as raw fish, are apparently enjoyed. ECONOMIC STATUS. The considerable destruction of fawns for which the golden eagle is responsible must, in an economic estimate, be set down against the © bird. The large number of grouse, ptarmigan, and other similar game birds killed is a very heavy charge against it, for most of these birds, aside from their food value to man, are known to be of considerable economic importance as insect and weed-seed destroy- ers. The destruction of water birds, such as ducks and geese, is, in the golden eagle’s case, of much less consequence, since the number taken is relatively small, but so far as it goes is for the most part an — injury. The song and other birds taken are so few that they need. scarcely more than be mentioned. The very common depredations upon the young of various domestic animals, particularly sheep, — form one of the most damaging counts against this eagle; and although lambs seem not especially to be sought when other food is plenty and easily secured, the loss at times is so great that means have to be taken for protection of the flocks, usually by killing the eagles. Poultry, though not infrequently caught, is ordinarily pro- tected by being near the farmhouse, where the eagle does not usually care to venture. ? On the other hand, much good is done by the often extensive slaughter of spermophiles in agricultural or grazing localities, where they are very injurious to crops. The same may be said of prairie dogs, except that their geographic distribution is much more limited, and that for this and other reasons they are not so frequently captured. GOLDEN EAGLE. . 31 The killing of jack rabbits and cottontails in the western United States is also a benefit, for these animals are often a pest. In the | deer forests of Europe this eagle is considered beneficial and is pro- | tected because it preys upon the hares that abound there. In the far north of both continents, however, rabbits can not be called _ injurious, and the eagle is therefore not to be specially commended for destroying them. Other animals eaten to some. extent by the golden eagle, and whose destruction is to be treated, in large degree at least, as advan- tageous, are marmots, rats, mice, and rattlesnakes. The eagle does man another good turn in disposal of carrion, though this is not a very regular or frequent occurrence. Good, therefore, in some respects, but bad in others, the golden eagle must be someiicred on the whole more harmful hee beneficial. DESTRUCTION BY MAN. The golden eagle has few natural enemies, and when free from human interference usually maintains its numbers. It is, however, very easily trapped, taking sheep, deer or rabbit bait most readily, but attracted by almost any kind of carcass, and so unsuspicious and eager for a meal that often several may be caught successively at the same place by the same bait. In fact, it frequently walks into snares set for other things; and Mr. EK. S. Cameron states that in Montana some years ago the traps laid for wolves all but extermi- nated the golden eagle over a large area. It is not easy to shoot, being exceedingly wary under most circumstances. It is further- more apparently not affected by poisoned bait, and there are lacking definite data to show that such means would be efficacious in its destruction. 7 The Indians prize the wing and tail feathers for their war bonnets, and kill the eagle whenever opportunity offers. In some sections, particularly in California, it suffers to no little extent from the raids of egg collectors—all the more from its habit of returning each year . to the same locality. In some European countries bounties are paid , Bob 5 a for the destruction of the golden eagle, but in many of the States of the Union and in some of the provinces of Canada it is now pro- tected along with the bald eagle. Its general extermination is by no means to be recommended, for in places where it does damage it Bi usually may be kept in check by local means. O EPART OF AGRICULTURE | --BIDLOGICAL sonvey—auuumin No. 28 Gs MART ‘MERRIAM, Chief < 5 _ THEIR APPOINTMENT, POWERS, AND DUTIES © Re Ww. ‘WILLIAMS, Tr. GAME LAW ASSISTANT, BIOLOGICAL SURVEY TR WASHINGTON cys "GOVERNMENT PRINTING OFFICE . Issued August 1, 1907. U.S. DEPARTMENT OF AGRICULTURE BIOLOGICAL SURVEY—BULLETIN No. 28 s C. HART MERRIAM, Chief GAME COMMISSIONS AND WARDENS THEIR APPOINTMENT, POWERS, AND DUTIES BY Rk. W. WILLIAMS, Jr. GAME LAW ASSISTANT, BIOLOGICAL SURVEY WASHINGTON GOVERNMENT PRINTING OFFICE a | 1907 LETTER OF TRANSMITTAL. U. 8S. DEPARTMENT OF AGRICULTURE, Bureat oF BroLocircaL SURVEY, Washington, D. C., June 29, 1907. Str: I have the honor to submit herewith for publication as Bulletin _ No. 28 of the Biological Survey a report entitled ‘‘ Game Commissions _ and Wardens,” by R. W. Williams, jr., game law assistant in the Bio- - logical Survey. This report has been prepared under authority of section 1 of the Lacey Act, directing the Secretary of Agriculture to - collect and publish useful information as to the preservation of game and other birds, and in response to frequent demands for information respecting the provisions for enforcing State game laws and the manner in which such laws are carried into effect. As indicated by its title, this bulletin is restricted to the appoint- - ment, powers, and duties of State officers, and does not consider the enforcement of Federal laws or regulations of any kind. The report has been divided into three parts, as follows: Part I consists of a gen- eral discussion of the office and duties of wardens; Part II is a con- _ densed summary of the provisions of game laws relating to enforce- ment; and Part III contains the full text of such laws. Sections : relating to fish, the operation of hatcheries, and the enforcement of _ special fish laws are omitted. By the aid of summaries and tables _ the subject-matter has been arranged so as to facilitate ready refer- ence and comparison of the various provisions. q The 8 maps and diagrams are necessary for the vroper illustration 4 of the text. Respectfully, H. W. Hensnaw, Acting Chief, Biological Survey. mes Hon. James Wirson, Secretary of Agriculture. * Page (TELE, 2) ae a RR A A aaa 9 Part I.—GeENERAL Discussion Game officials....-....- sel) SR Me he en a ie ee SAL ei ee ty Pe i ey Development of the State game commission and wardenship hoe Ae aes 11 ey ESSAI TISIET 0 SAR PE ES, rs els EA eS Ur LA 16 MUG aie cate wardens .._._. 2.2 24-0 blo. oe) enc ece ne --2- +s se ene hen eeee 19 } Woumivi wardens ......2....../2.5202- SL RON HAM Sad CES Dn A 24 q Mcmeh ane City wardens 2203. kee eee ts Le Bing Aas 25 a PON MAUnRReTORNCePS) SS. 2 i. egw Dodie Le eb Re 26 g Prcormioread MON CONS oe 2) te hoe OR ne EA ee horn fala tiay nif anja Sia 3 oo ee ete 3l a i ntie GTI, can Nines eign la a SN ras IBS les RM gam oe a gl Bal Gq Per mR MMe MOMS UIN Sh emo USC ae ee yee les oe a ie gael o4 LIN avec aia tebrations bos ol acl cee cate be sees ecse ec deedecwe 43 SLISPS SIG 2 ab aS SS 0 ae OS 8 a aaa ene eae Oat a Cees eA a mR RAN NIE EG 43 a’ PRLeS MANO WAINAMD Ss oc e as Ske Sonos choo wes cee on 45 one UMOMECOMIME TAT bas PMC el es a ee ae a 50 Anes ol trespassers! by landowner 12.2 -s22.s20+-5.5205+25--4242-38 51 | iar Sa ime mm Men) halen Vat GS US rk ee ee a 51 ’ SVBBIT LL ac ls Bye, Soa le ee ag pak ae a i at ke ee RP lear 53 Bearel wath warrant) <2 202) 22s ee ke aurabale ori). Lik aS ae DS DeakeMuMibnonr Warkalb so 00S ell lee keh eee le Be ee 54 SEZ TAS he ae a ea ago lia 2A eli ld SOA ah EE eek ie ak 55 SIGNI Se OU SPE TTS aR INS IY Ae ec CRU St gee Lg os ke en Ep 5d a : Picpasiwon on seized pame so 22 0.20.) .0 8 SLL wlll asks 56 A Seemne odes appliances.) 220.02) shel ee 58 Mepeirosccutions...-.......---.-.--- 405 CADW Sieh rahe AEE CPN pela am ata <8 60 Fe Siam ORO CECHbC TS NEN Hae oe Sh ook See VS Se 60 See IOC me aay Perera eine ee tae ede A oe ees ra ee a bul ee 60 ES IE PACTS Gy i ye REE A LL yen ae ee Daas Ah 61 q Seem CeO mmMMn ALTON ane Ns Se) A ee ee hs 62 % Ee PAIS GIGI SARE Sa UR ul Ey a is ae Et ac pe ONT neat fe 64 a Pm meNn@ences weet esc ia Uie to te Ue ek ee 65 B WER eit ote St hs PANS wah) ans = Saja hm) ape paysieindae, = Saas, see ga ais Se 71 3 e Mim OWEN IUCN Ne Al iN od ye is ee a oben st 74 eS SRN! Sos SRM Ae OE a TO Eee Oe ce BI ee ne AR EROS te ANSE R EIS - 5. 7d a Peuimeior miiormere iyi ry hk ae as ee ad os ig ale 75 f Peers Ol PROSCCUIL UOT TT) 25 ON nis Sa UM Sia ee oan ten a Te 77 sl een Cn ROMedi a. Les Sos 9b Fos Nek SSNS eS SIS ge pa Pages a2 dF 77 MDT meme tired oo eS Bo ee NA Me sv ee et oy SM 78 4 Ser Copeman mter gta n PALS Delos Ae NI Whi ee Rh Fs 8 ce = NN 78 k © TT TLR GETS TS nets ail eh I ms re Ne Edt pe tobe a NG ON 80 BTEree Anes provisions. 5.040222). SLIP PSs sisi loli césl ee cee 82 s Eubicanon o1 fame’ laws arid reports 2-05 7-5. s02.252505 3520622. . 82 a Pte rem Maa pr ed Sens Lit mars ee eR se wale So a x awh aie 83 Suspension of prosecutions ---.---- a a A aeRO Mee Meter EAI Pee aia mia ahe aoe 84 q Special offenses in connection with hunting licenses ...........-....---- 84 a Li Se LG aE UI OS Un VE sly RMSE. es de 85 | CSc stotig 2 a od BRS i ARES Ta TIT i NAO ee Sy BE 6 CONTENTS. Special promlenms 2222. 4-2 e ease = S-- [oc e eee bee 88 Cooperation -. 2. -2-.-- 2. -2=- +22 -- = 5. 425 38-5 === 88 SMOOMErS’ 22 os pole Cet be ee roa Rhos gS ee 88 Hunting accidents_-__-.-.--2--.---------- 22 + -¢5-<55-525--- ee “is 8g @old storage . 22.222 /2-234 22-2022. s 0s Ss} ee 90 Indians... 20 bof. ole eo Pee eos eee ee 8 91 ANIONS 2S. ne be oe boo De ek se ae EE Sh ee +e ae 98 Part I].—SuMMARIES OF THE Provisions RELATING TO ENFORCEMENT. Mabamia< 2 s252264 Sees Ee a et So 100 PIVASKS 62 boon Poe ee ee a a oo a es ee 101 PMIZONA <2 222 lee Paes wo 242s 2 oe Soe oo eee 101 INGRANSAS) 2 So Soe ee eb. os eng ee eases 101 Wahtormia 2 si0- ofc eco re oe. Pele te tee Se eee 101 Woplorado - 22. och. ec lect eee cc cet 2 othe etl aes eee 102 Gonnectictt .22522..2s. 22202 os eh sl lies See eee 104 REE UAID One hy x Sons 8S io 3S naa) Re RR es MPPs bees h Si S 105 istrict of Columbia. -s2.052.. 120. 50-0222 S06 [ae eee 105 MOT ar: > Sooo see eel Shela loads flesh e ee eee 105 SSG Se ea tiers arate Sai eee ine hen Se ee 106 MeaeON e S s od BS oe oa ee a ee 106 MINNOW oe ee oS een el eee eee 107 Uhaghiana oo soe oo eS ee 108 Ona. ooo on eS aes oo ee 108 Keansas foo Se Se SS 2 109 Mentieky .- .Jo00J2colooe Dio ee ok on es Se a ee 109 Maisianms. oo. Sec ee ee 110 Maine 492. Shs Sens eo a a eee 110 Maryland. we. So eee 112 Massachusetts ooo. oe ee. 2 eS ee 112 Mitchie: so: 2.02 el on Se Se eee 13 WPPPRBH Te Sey et Sue eA aie Aes * SUN TRS Se lie eS eS See eee 114 MASSISSHIPI. to Je tS ee ee 115 MCS O UH A ee ee a 116 Weontdia. 230. 225 So ceo een ee So ea eee 116 Webraskka <. So ooo eS a eS Pe LE PNEWAGA oa Pus OUR Ss Pe ee eee ee 119 Wew Hampshire. ooo 2.55022 . Se eee 119 Mew Jerseys... jo spe. lek hee eee ee ee eee 119 Wew: MexiCO:2)2 ola ke Le a 120 LS £0) | nn hme We ire PP 121 North Caroling x2. eo oe aN 122 North Dakotas... 200. ee es 122 CN a i aC MCN i 123 Pmlalionmia 23 sk ek pe ee ee 124 REO OM poe oo Lae wick ood aie Se 125 > RIE LOSU VLE Wa FT i i Oa ed Pe Be 1 aToe tas doth ESS 126 ead? land eh: 2.8 oes. ye ee Oe 127 Pome Carolina 22. oe ei hk 3 he Se 128 Pete WakOba o.oo oh ee ee a ea 128 PEPUMEARE OS ooo oo Deis cs i wee Seis Soa oe SD ee ce 129 aS a Ok Ce i ee ee oa 130 SP ee BI a 131 CICS | A eh he eh i CREME iar tee ke wher skueiubs Ss. 1B! “oi 7 oka oP. / Page. ETE NETIEG VOIN AOR LO Sota. oe MR i nee Se Moe ale o cnc We dee de cece nnaede 133 ss = Fig ne OU a ARAN i Un ca on ee (SET SIE, 2 Wl UL es Re IN ia 2 2 cal ee Ase do a 135 Bivona 2 el Aine eee emi SO aL tal VI ae Nes Se 136 Part JIJ.—Exrracts From Laws witH SPECIAL REFERENCE TO ENFORCEMENT. SUT Le 1 a RR Cee et in ata GT I ER 2 SD Re ROE 137 NN Tena nee Pe aa een ey quer ae Be SO ee ye ales ae 141 TRIE EL a oe Lip SRS aaa Be 2G WE ne as apy Ag ne a Ee 141 EES I gui aS SOS I ee aM co: le naa ne 142 (LTD Eos pte ll alg en I Di See sats Sa la a ORO en Aa 143 NMRA Arar mpe Perm aed A Ca es AE a et LS OY Ue) Ee ae 145 RR MRORIE TRCN Pee Re res fos oy Vin Us Beer WO penne de eae E yyeyi un ES nk Pty 150 SRR ME PI, Boece eee tee ie a a Rew oe ae tS Be 152 Meeeicirict, of Columbia...-........-.-..-.:.! GEE LORE Gets The eee 155 NININEIE NE TP le i MMO Set cals tee GUE le Wee ard ale Saye See! d ee ss een 155 ERO ol oct Sa ge a ae oe isin PINT ee USNR 2 RSG a 0 ap RS 0) ad AT ee Ti eg 158 Siilinois. 0.225. .....2. EEE Dig Re Naa ME aoe Ce ee ee PAS Rae wea Ny 161 (EEE EER & oy, 2 lial Aa a ae IR RIB a a GY EN Pt gO a Ne Op MOP 165 pie Tr ee rnram nat! Mer Ae cre Me No en Cts SN rs a Lz ner eee a Fe eens See A Oe ON ie tes eek a oe oo este es 169 RUT RLISS 2 gO Sia ia ge a ee ey eel al lk Nati aEh I hed eee aI, Nh RN on feo Sti ware Ples wore i a ites NZ EET Oe my re Ph! OS oN hha BL yard yi nuere ahs pega Bee Lali 173 ELS Let Loy alg TE oe al a te ne aaa ed 178 eS Se ET SC Uo pe eee eres tM Ee a i A Oe ee oe on ae 182 EASIEST oe cee 2 AES Sie ER areata ec a es ee ce Oe RE Oe tN CAT Oe 184 LESSEE PES TE SS Ley RR Maes olen Par pina ae a Baas 188 EGP ETS E Le so ate SAE RT CEES eR SI Ree Hy ee eget ee ee NNR anya Cy 193 10S SURE TG SN ee ee a ue ere aN eee as a tye 194 OE BL SoS UC ee ie ea pe ee Ua a eR GN tn U7 Ln age OL aa a 195 EES BE a7 boy pes Re av pa RT RA a gen a or 201 Bey i cc has Mis el a ellie eC ele NAN Te Re EC 204 RTT TEs [UIST TE a matt, La gh RM RL one cE en mS Rl oR Py Sc 205 ETE GL CSTESGY od ES a Ee 207 nui crmeren es mene ene Ne ee ee ie eh ae 212 ae Mohs ore Rs se eel LC ye Ne he USN i 213 1S SES, COBNPOIIME oC OI Sse es SEO ene en a Mr Gt DA (ihe BCE ys, el ea ea neg ele ase al pan NAR A lay ag mR SR Un aa SY 219 Ee coat cae ls hk eRe ag Mee Slat ar Mae SR a a ne 22k RIaR Mer as Ore, 20h eye a eee Ue ks De 228 m Oregon -.-.-- ‘Select Ie cApato elie sate arty. OMT 69 SMEAR A aye 2 any erven 6 PP MR mIRC eS 229 2 Le NRIOL OIE cpl ea eS yl ets Nea ee 233 I re a un ee ie ae ee oe ee 243 EL, i Sune 0 Sa a a DT cesT oe i aI 244 RPI Tei R a ha 2 anon bt) «De ed alegre telus i eh J Oe ae 248 (ETE EA ite SEN RE AMO Pee Pre AE ERs TSE Vt enya a 252 a hee Pee yaa MAGNE RRS oo Sane ooo aise OSI 254 1 let aE RR IPT OLR SPIN Ui aA Me a 256 EITSTRTIErE eee erase ie OE A i SY iy ote en ae SS oe a 258 RO rt ie eri er et cl) gu eee eye 2/0 Gach ould eed 261 IMIR R LSC UVAtr MPR MEE i Sg el IE NS law dale jolie me adem 264 MEER Y OMNIA, Or a) ok ck ee ooo ne cebn eo CEE I Sek Ee tae agit Be. 266 in ES SD SA OI el Reg Geese OU 269 a TSAR TE Se, ota Cte A 9 cD 275 ee ee i een ei a) 281 Puate I. 113 1G EG Ty: Vv. Wa. a i Is ILLUSTKATIONS Page. Map showing officers charged with enforcement of game laws. Frontispiece Maps showing progress in establishment of game commissions. - ---- 16 Fig. 1. States which had game commissions in 1890. Fig. 2. States which had game commissions in 1900. Diagram showing terms of service of State game commissioners and wardens . 222.) 2h... tii. .lo ee ec ee 20 Diagram showing salaries of State commissioners and wardens ----- 24 States which authorize wardens to search without warrant -...----- d+ States which authorize wardens to seize without warrant -..---.--- 56 Disposition of seized game... .....-.-.....----.-c.-5 eee 58 8 PREPAC E The publications on game laws originally contemplated by the Bio- logical Survey and outlined in its reports comprise three series: (1) A summary of the laws relating to seasons, shipment, sale, and licenses; (2) a digest of laws relating to nongame birds; and (3) a digest of provisions for the enforcement of game laws. The first of these pub- lications was issued in 1900 and has since been revised each year; the second was published in 1900 and revised in 1902; the third is now published for the first time. No other general work or compilation of game laws contains existing provisions relating to enforcement, and heretofore to compare such laws it has been necessary to have recourse either to the statutes or to the separate pamphlet editions of the game laws of each State. ‘In number of.game laws and frequency of change in their provisions. the United States probably surpasses all other countries of the world. Nearly 700 game laws have been enacted by State legislatures since the passage of the Lacey Act in 1900. Many of these laws are local in character, some have been amended, and a few have been repealed; but a large number of general provisions are still, nominally at least, in force. Of these a great many are dormant through lack of ade- quate means of enforcement, in spite of the fact that an important part of the legislation of the last seven years has comprised measures designed to give effect to the great body of game laws now on the statute books. It is thus evident that the chief need of game protec- tion at the present time is not so much an increase in the number of game laws as more effective enforcement of those already enacted. The problem of how to make the rapidly growing and frequently changing mass of legislation readily accessible to the general public is one which has not yet been satisfactorily solved, and the rapid in- crease In population and in the number of persons who hunt makes its solution more and more difficult, notwithstanding modern systems of publication and distribution adopted by the game departments of most of the States. In the fifty-five years which have elapsed since the office of game warden was first established, the population of the United States has increased from less than 25,000,000 to more than 82,000,000, and during this period the proportion of those who hunt has probably increased in even greater ratio. The number of those who hunted in 1905 is con- a bs) 10 PREFACE. servatively estimated at from 2,500,000 to 3,000,000. To regulate hunting by this constantly growing army of sportsmen it has been found necessary to improve the efficiency of the warden service, and since 1900 the number of States which have general officers in charge of game law enforcement has advanced from 31 to 39. In Tennessee the office of warden has been raised to the dignity of a department of the State, and in 11 States the salary of the executive officer is $2,000 or more, reaching in New York the sum of $5,000 a year. ‘The prob- lem of providing funds necessary for the maintenance of the work intrusted to these officers has been greatly simplified by the adoption of the license system. In 1905 the funds available for game protec- tion consisted of fees from hunting licenses amounting to more than half a million dollars, specitic appropriations aggregating about $350,- 000, and receipts from fines and miscellaneous sources probably suf- ficient to bring the total up to nearly a million dollars. At least 9 States have already reached the point where the warden department has been placed on a self-sustaining basis. Knowledge of tke provisions by which the laws are enforced is not only important for economical and successful administration by offi- cers specially charged with such duties, but is of value to many per- sons interested in game protection, and especially to residents of States which have under consideration the establishment of a warden system best adapted to meet local needs and conditions. In order to present this information in the most convenient form the present bulletin has been divided into three parts: Part I contains a historical summary of the evolution of the warden service and general discus- sion of various features connected with warden work; Part I], a sum- . mary of the important provisions of the laws stated in the briefest possible form and arranged in uniform sequence; Part III, extracts from the statutes relating to game warden departments, duties and powers of officers, and special provisions connected with administra- tion. No effort has been spared to make the report as complete and accurate as possible. In addition to extracts from the statutes, it con- tains the results of seven years’ observation of the methods of admin- istering game laws and the conclusions of those who have contributed to the discussion of points of special interest. The extracts from the laws have been brought down to date by inclusion of the amendments made in 1907; and in many instances the text is annotated by refer- ences to decisions of the higher courts and to important articles in sportsmen’s journals for the benefit of those who may care to consult the history or the discussion of special subjects. ! T. 5. PaLMER, ln Charge of Game Preservation. GAME COMMISSIONS AND WARDENS. THEIR APPOINTMENT, POWERS, AND DUTIES. PART I.—_ GENERAL DISCUSSION. GAME OFFICIALS. DEVELOPMENT OF THE STATE GAME COMMISSION AND WARDENSHIP. The offices of game commissioner and State game warden of the present day are not the outcome of spontaneous growth, but the result of numerous experiments and modifications necessitated by the grow- ing importance of the subject of preserving game. Originally game protection was left to sheriffs and other local officers, and later, after the appointment of fish wardens, was included incidentally among the duties of that office. In Arkansas the game laws are still enforced by the local constabulary, and in California the protection of game is still, as originally, under the charge of the board of fish commissioners. The development of the office of State game warden from that of fish warden occupied a period of nearly half a century and was marked by various experimental steps. Maine was apparently the first State to provide a special officer charged with the duty of protecting fish. Under a law passed in 1843 the governor was required to appoint | three ‘fish wardens’ for each of the counties of Penobscot, Hancock,, and Waldo, to serve three years, and to meet annually at Bangor for the transaction of business connected with the supervision of the salmon, shad, and alewife fisheries of Penobscot Bay and River. The idea seemed to meet with popular approval, for in the following year, 1844, it was extended in a modified form by the passage of a law requir- ing the towns of Cushing, St. George, Thomaston, and Warren to elect fish wardens annually (two in Warren and one in each of the others) to supervise the fisheries in Georges River. In 1852, nine years after the adoption of the fish-warden system and twenty-two years after the passage of the first law protecting moose and deer in the State, the legislature of Maine applied the new plan to the protection of game by authorizing the governor to appoint a ‘moose warden’ for each of the counties of Oxford, Franklin, Somerset, Penobscot, Sagadahoc, Aroostook, and Washington, whose duties included the pro- tection of deer as well as moose. Again the plan seemed to meet with 11 2 GAME COMMISSIONS AND WARDENS. approval and was extended. In 1853, a year later, the office of town moose warden was established, and each town in the State was author- ized to elect one of these officers charged with the protection of its big game. In 1858 the example of Maine was followed in New Hampshire by the passage of a law authorizing the selectmen or municipal authori- ties to appoint fish wardens. The compensation of these officers con- sisted of one-half of the fines resulting from prosecutions instituted by them, an incentive to vigilance still employed in many States. The growth of fishery interests, particularly in the New England States, soon demanded effective organization, and the ‘fish commis- sion’ came into existence in 1865 in Massachusetts and New Hampshire, and in 1867 in Connecticut and Vermont. That of New Hampshire is of special interest in this connection, since it was subsequently reor- ganized as the first fish and game commission of the country. In 1868 New York followed the example set by the New England States and created a fish commission, and three years later, in 1871, adopted the Maine plan of placing the protection of game in the hands of a special officer. Boards of county supervisors were authorized to hold elections in each town for a ‘ game constable’ to serve a year and ~ receive as compensation half the fines recovered in prosecutions under the game laws and in addition such fees as were allowed constables. In the next two years provision was made for special officers in two . other States, but modified to suit local conditions: In 1872 Maryland established a ‘board of ducking police’ to enforce the ducking laws on the Susquehanna Flats, at the head of Chesapeake Bay, and in 1873 New Jersey, under a statute authorizing the incorporation of a game pro- tective association, granted certain police powers to members of such associations, with authority to enforce the game laws in certain counties. Meanwhile the laws of Maine had been extended to include game birds as well as big game, and in 1878 the duties of the warden were sim- ilarly extended under the new title of ‘county moose and game warden.’ In the same year occurred the reorganization of the New Hampshire fish commission as a board of fish and game commissioners. Finally, in 1887 Minnesota established the office of State game warden, and in 1888 New York that of chief game and fish protector. Thus within fifty years after the appointment of fish wardens in Maine the benefits of warden service had been recognized in half a dozen States by the successive creation of the moose warden in Maine, the game constablé in New York, the ducking police in Maryland, the association member with the authority of a constable in New Jersey, the fish and game > commissioner in New Hampshire, and the State game warden in Min- nesota. _ It is beyond the scope of this bulletin to trace the course of evolu- tion of the game wardenship in each State: but it will be of interest to note the changes occurring in Connecticut, which may be taken as a CONNECTICUT. 13 | typical illustration. Here the appointment of ‘commissioners on fish- eries’ was first authorized in 1867, with a view to the introduction and propagation of fish. The act provided for appointment by the gov- ernor of three commissioners to hold office for one year and to make complaints for violations of the fish laws, consider the introduc- tion, protection, and culture of fish, cooperate with fish commissioners of other States, and report to the legislature. Their compensation was fixed at $3 a day while officially employed and an allowance for mecessary expenses. In 1870 the term of office was increased to four years. An act of 1871 authorized the appointment by the selectmen of any town, upon the request of the fish commissioners, of two or more fish wardens to assist them in detecting and prosecuting offenders in such town, with compensation to be prescribed by the selectmen and paid from the town treasury. In addition to such compensation they were allowed one-half the penalty recovered when offenses were detected by them. It will be noticed that the right of arrest, search, and seizure was not conferred upon the commissioners or wardens by this act; they could only request the issue of warrants to sheriffs, constables, and police officers. In 1872 the fish commissioners were authorized to appoint two or more fish wardens for each town, such wardens to receive the same fees allowed grand jurors in criminal cases and one-half the penalty recovered when they detected the offense. This was the first authorization to the commissioners to appoint wardens. In 18738 the powers of sheriffs, so far as they extended to arrests, were conferred upon the town fish wardens. No further change was made for nine years, when, in 1882, the original act of 1867 as amended in 1871 was still further amended by reduction of the term of office of the commissioners to three years and addition of a provision that their appointment should be ‘‘ with the advice and consent of the Senate.” ‘The following year, 1883, the legislature recognized the necessity for some officer to superintend the protection of game by providing for the appointment by the selectmen of every town of two or more game war- dens ‘‘to assist in détecting and prosecuting offenses” against the game laws; their compensation was to be the same as that received by grand jurors for similar services in criminal cases, their term of office was two years, and they were invested with the same powers as other officers to arrest for violations of the game laws. Six years elapsed before another change was made. In 1889 two very similar acts were passed, one providing for the appointment of game wardens, the other providing for the appointment of fish war- dens. The county commissioners of every county were to appoint one of each of such officers for their county; the term of office was placed at two years; power to arrest for violations of the respective laws was conferred upon them, and they were authorized to deputize any person to assist them in detecting and arresting offenders; and they were required to take the oath of office. (Game wardens were Lee eee —————— GAME COMMISSIONS AND WARDENS. given power to search any refrigerator or other receptacle in any place where gray squirrels, ruffed grouse, woodcock, or quail might be sold, bought, or transported in violation of law, while fish wardens were authorized to search any basket, bag, vehicle, or other place where fish were kept or carried. The fish wardens were allowed the same fees grand jurors received in criminal cases, and in addition one- half of the fines recovered where the offenses were detected by them. No compensation was provided for the game wardens. A peculiar and somewhat anomalous provision of each act required the county commissioners to furnish the names of the wardens upon request of any citizen of the State. One effect of the fish-warden act was to take away from the fish commissioners the power to appoint wardens con- ferred upon them by the act of 1872. In 1893 the legislature declared that in prosecutions relating to game the warden, deputy, or other officer making the arrest should be entitled to a fee of $10 where convic- tion was had, to be taxed as costs against the defendant. During the same year an act was passed granting to the commissioners of fisheries the right to appoint not more than three special deputies who should perform in any county of the State the same duties and receive the same compensation as the fish wardens authorized by the laws of 1889. Another act of the same year, amending the act of 1889, authorized the county fish warden to appoint not more than 10 deputies. Con- solidation of fish and game interests took place in 1895, when the act (ch. 46, p. 465) creating a commission of fisheries and game was passed. It provided that on or before May 1 of that year and bien- nially thereafter the governor should appoint three commissioners of fisheries and game, to succeed the officers already existing and to exercise the same powers. The compensation remained as before, but the new commissioners were granted an allowance of $200 a year for clerical expenses. Their duties included the supervision of fish hatch- erles; introduction, distribution, and propagation of fish and game; and enforcement of the laws, for which last-mentioned purpose they were given the powers of other officers to arrest and prosecute offend- ers. They were also empowered to appoint the necessary number of special protectors, who could serve in any county and under the same compensation allowed fish and game wardens. With some additional power the present commission is substantially the same as that created in 1895. A few States, while retaining the combined duties of enforcement of fish and game laws in one office, have found it expedient to assign the purely economic work of fish culture to another board; but New York, Oregon, and Tennessee have not only continued to allow one officer to perform the different duties, in spite of their growing impor- tance, but have also committed forestry to his charge. -In 8 States— Florida, Georgia, Kentucky, Louisiana, Mississippi, Nevada, South Dakota, and Virginia—the game laws are still administered by county ESTABLISHMENT OF GAME COMMISSIONS, 1S or district wardens. But as methods of game protection develop, the local system becomes more and more inadequate, and most States have replaced it with the stronger one in which the duties are committed to a board of commissioners or to a State game warden and his assistants. Evidence of the superiority of this pian is found in the fact that it has now been adopted by 39 States, as shown in Plate I (frontispiece) and in the following table: Table showing Dates of Establishmentof Game Commissions and State Wardenships. State. Title. Date. ee canbe oD Staterpame/and’ fish) commissioner. 28 3.255 2..0250. 2h sd 2sek oe PISOY 5 pcr fey ee aaa ish! an Gseaine: COMMISSIONETSi |e ne some aebe kit Ae ae eee RZ Saba ae ee Board/or tishcommissioners: 2.2.28. se geue so doe sdoe es cee ee ae te ee oe Ono a Munigdictionvextendedito Sanne see eo eee ao. Lee ee es oe 1878 meolorado ......2----... SEALS LSM COMMISSION OM. a2 SAT EAAN ee oe Pt Ah. See ne 1877 a. HuURIisdietiomextended tor fame ng sa. ease kee eae ae eee 1891 Pe State gamerand: fish Commissiomers 492. S22 45 Seaee see os oa ae ee ae 1899 meonnecticut..-.....--. CoM MISSIGMENs OM TSUCTICS oo oe ei ce Sake am omen Bee a 1867 F! Commission of fisheries‘and! amie: 5 2 Sees oe kee) Eee ose ee 1895 - Delaware Beer isl ee Delaware game protective association...............---...--..-------- 1879 MAIO . 22222.) 22. e eee Hisham Gro me Wwanden es fo) cs ae oh, ORIN Ses ee 1899 | | Dn Game warden (one for each of the three largest cities)........-....... 1885 Stateisamevcommissioner==s soa. $82.05 2732 Se. SE ae Se 1899 Ch OONUMTESTOMETIOLASMENTESH a) giro fe peel siaia 3 ass es eye ee ae ae 1881 ‘a Commissioner OF fisheriesand game 2-222. ess 2 ey Ae ee ee 1899 CR See State tishamadicome wardens Jos. 2s9g26 0.5 ase so Nis Re 2 ee ,.! 1897 BPEEDNNAS 2200555. c ee CommissionenOPishertes* yas) oo 2 tt Re Sak TE Bee a 1877 a Starewidhvandseameywardems sir oo oo os a ae ee tS ee 1905 a Commissioners Ol fsheries. 7.6. 6ks bio. ether 4. ee 1878 . JmsdiehoOmsextended bo Same eo 20 ee Soe ee ae 1880 a Commissioners of inland fisheries and game.............-...2...2----0. 1899 mitarvland ...4-...-.6 Board oOLspecial ducking poOliee ays o.4si5.5s seine s wais 6 see em clae ee ee in eee 1872 he Gamrenvarden ssc eh teens. See PR Oe ae eT OLE cis oe Sans 1896 uaSsReMUsSetises-os.4. 4 COMmMissioners'Of fisheries. .......282-1 2h 5. 65. ceth ele ea Dee ceec dee 1865 i Junisdievom extended: to gamer sooo cau eee sek Se ee ene sae 1886 PVN CDISAN S522. see ac Game and fishawarden ‘department. <2). . 2452.5 24-0 Se eke scan wee eh on 1887 RevInnesota..........--- Comm IssionerstoPishieries: see Pe Ia Sak ee Le 1874 a State same svardemes 8) o5. 2 he a oe se RS get eee a a a 1887 Board*of gameand fish Commissioners..=..-...4....-. 22h. csene sees 1891 BeeevISSOUTL....25-.-.-.-2- (Gis aailevte wane lis ASL a Ay gh eo VEN ON lesan a eee nO ke ae SR te SRO PI eanS -cge Le 1895 Brtontand <..2....50.-.-- Boardot gamejand fish Commissioners .92! 045202252 22 28s oe ek eee ee 1895 a Starecame anaquiish ware CMe cae. cee. cota Sa Mell a ee Sa 1901 eT eh 2 Game and fish *ComimiSsion 2 2ete se. Sle Ve es ho ere eel OO 2 ay SOI COMUIMISSTOMe a soe le Sees a ee Se Oe Se cla ete en Sl Board of fish and game commissioners...---....-...---------------e0es 1878 Jaa eee COMMISSIONERS OL MSNETICSS Soe ot eee ee a ee ee Jurisdicuomextended to‘pame co's. ssh lesa oh eee 1894 Board of fish and game commissioners..............--------------+---- 1895 New Mexico..........- Game and fish warden ..... WAS tert ale ee set ea MBP ena ST Aer ey ANE, CA 1903 meew York ...........-. CCHPAIEITISS RONG UTS EVO TE ee ea i a ie a iM Sag 1868 | ChicHeame andtish ProbeetOr a y4sk teccace acces thos ueee omens aaeaee 1888 & Honesteish and ania CommMissiones. scsi. .c.a4 see seen ee eee oo 1895 | North Carolina........ Audubon Societyior Norih Carolina’. 2oose7. 2. 2c ts ol ee 1903 North Dakota ......... SUSTREH HONEA ENOL aE Bobo Me aCe eee OS ae eye Seer dere ce iy Wee ede 1895 ; DISHICHeAMe war Gencs1s2. seas. Sake ek » oe Sein so dae 2 Ee SE am eee 1903 110) Gi el ee a COMMIMISSONETSHOLMSMETIES ey we ea ee ee ie ee at otc Be 1873 Commissioners Of fishiand same. /22...stee+ 2s sete sae ce see eee ee 1886 eet eke. Hermitowal'cameland fish Warden. 225. 5-025 sano ah sb ees ae oe ole BaD eee anon Gameand tishiprovecton® 2/32 oe NS ea O8 : GamnevamalFOnestiey, (Wwielra@e mr. 4 05 Set a ee es ea ae ee ee a 1899 Pennsylvania ......... Boardror game COMMISSIONEIS see 4 ose ee ees oe eee See a eee eae 1895 Rhode Island.......... CO MMMTUISSIGIMOGRS OL llr Se ya a Re is ne 1899 “South Carolina ........ PAudiibon Society or South: Carolia. 22008 Ls sel ee 2 oe ee 1907 mlennessee........- SM EA VE Ware ec lone at Wn ce ee ele tee ata meee Se Bis naw Sud Jee aie ce 1903 State warden of game, fish, and forestry --\.4525.. 22.0 4....-.2 ste ae 1905 aa ih Hishamadvorster COMIMISSIONEr 28 enn eek 22 ees oe se es eS BOD Gamies fish and oyster COmmMUSSIOMNER= 5-2 .— 24. --- 225-0 52cees seeks see 1907 es cee at Seabemrshaam dre anne Wy ah GuShigee Matsa ete a ee sk Soe he Sratensh amd same Commissioners s.44. 22 2202 el ese ss fee ee 1899 ae ee ee GIS MRC OMNIS STOUR Nh ce eR ope ee ee alo ulin HIShainG SATaTe ‘COMMMISSIOMSERL Se see CoN. Suicte Ae ees cases voles cw aM 1892 ee Mish enC same: COMMISSIONER Awe ee ee ee ee 1904 eywashington -.......... Gamietwarden ria eet eee ead. SAD eT EPL UA 1890 De State fish commissioner and game warden..........--.....-.-.-------- 1899 mvest Virginia ......... Grmeane hash werdenss2 ie welt Cok wk Pe. LOT ab Ck ee 1897 BV ISCOMSIN... 2 ones ene SU SUEESES CTC yg ARE TET Le) a Reeves AVANCE Avil 1891 eth ict ie mies SS MAC OMIM SS OMCTH esas Ale aie eater atte ata oo whin'atwi a clo opige i wicca acl eie terete Me LOO JuUTIsdietion- extended to'Pame’s.< 62422 2so2.2222.10. ARAL! 1895 State came! Warder apn pie elc im isle, gale. >-preae Rik cgenstly pat hgial ska ees 189% 4358—No. 28—07—_2 16 GAME COMMISSIONS AND WARDENS. COMMISSIONS. One Territory and 13 States—Arizona, California, Connecticut, — Delaware, Maine, Massachusetts, Minnesota, New Hampshire, New — Jersey, North Carolina, Ohio, Pennsylvania, Rhode Island, and South Carolina—commit the administration of their game laws to boards of commissioners,” whose membership, except in Delaware, North Caro- lina, and South Carolina, ranges from 3 to 6. All except those of Dela- — ware, North Carolina, Pennsylvania, and Rhode Island are also charged — with the enforcement of the fish laws. In California the board isa fish — commission with jurisdiction over matters pertaining togame. In Ohio not more than 8 of the 5 members, and in New Jersey not more than 2 of the 4, may belong to the same political party—an effort in each case to preserve a nonpartisan body. Pennsylvania also pro- hibits the appointment of any 2 of the 6 commissioners from the same senatorial district. Asa precaution against the retirement of all the members at the same time, Ohio, in the act creating the commission, provided that one should be onan for one year, another for was another for three, and so on, and at the expiration of thé respective terms the successor should be appointed for five years. Pennsylvania adopted a similar plan. In this way there is alwaysa quorum familiar with the duties of the board and the greatest efficiency is insured. Ojjice.—In most cases the State commission has an office at the State capital, but in California, Connecticut, Delaware, New Hampshire, New Jersey, and North Carolina, the main office is located in some commercial center, or the business is transacted at the place of resi- dence of some member of the commission. Appointment.—In every State the commissioners are appointed by the governor, and it is usual to require their confirmation by the senate or executive council. No special qualifications for wag de are required by the acts creating commissions. Term.—The terms of service vary from two years in Arizona and Connecticut to: five years in Massachusetts, New Hampshire, New Jersey, and Ohio. In California the comihisa ae serve ‘‘during the pleasure of the governor.” Bond.—Ohio is apparently the only State which requires the mem- bers of the board to give bond ($2,000), but this is a common require- ment when the duties of the office are intrusted to a single commissioner or warden. Compensation.—In Arizona, California, Minnesota, New Jersey, Ohio, Pennsylvania, and Rhode Island the commissioners receive no compensation, the position being largely an honorary one, but not without responsibility and care. It is customary, however, to allow them a sum, usually fixed by law, to defray their expenses. In Arizona —— 4In Delaware, North Carolina, and South Carolina incorporated societies exercise the functions of a commission, as explained on p. 18. PLATE Il. Bull. 28, Biological Survey, U. S. Dept. of Agriculture. eat iy a y AN Vs Fic. 1.—STATES (RULED) WHICH HAD GAME COMMISSIONS IN 1890. i T WY Ni: \ | ; 1 A: \\ AG RN \e \\ . \ As NN \i Fig. 2.—STATES (RULED) WHICH HAD GAME COMMISSIONS IN 1900. MAPS SHOWING PROGRESS IN ESTABLISHMENT OF GAME COMMISSIONS. A 2h ned i eS a hs tag - COMMISSIONS. yee a F tie legislature of 1905 appropriated $698.25 to cover the expeases af of the commissioners for the years 1903 and 1904; in Minnesota _ the commissioners receive their necessary expenses, ti be paid upon itemized statements duly audited by the commission; New Jersey allows each commissioner $200 per annum for traveling expenses; and in Ohio the commissioners receive reimbursement for all expenses - incurred in the discharge of duty. Nothing is stated in the laws of California and Pennsylvania in reference to the expenses of the com- mission, but the legislature appropriates an amount for use in the per- formance of their duties. Rhode Island in 1907 set apart $300 to be used by the commissioners of birds during that year. The other four _ States provide regular stipends. Connecticut allows each commissioner _ $3 per day and his actual expenses while officially employed and also - grants $200 per annum for the clerical work of the commission; Maine pays the chairman of the commission $2,000 a year, the second commissioner, who is also land agent, $2,000, and the third com- missioner $1,000; Massachusetts does not specify the salary of the commissioners of fisheries and game in the statute creating the office: _ but New Hampshire allows the chairman of the board of fish and game commissioners $1,000 per annum and the other two members $800 each. Duties and powers.—The duties of the commissioners in every State are similar and comprehend every phase of game protection. Their powers in some States are very broad and extend to the enforcement of the laws by action without warrant. Thus in Arizona, Maine, Massachusetts, Minnesota, New Hampshire, New Jersey, and Rhode Island the commissioners may arrest without warrant under certain conditions. They usually have power to appoint deputies, fix their _ compensation, and prescribe the terms of their service. In Maine the - commissioners may, when they deem it for the best interests of the _ State, entirely prohibit the taking of any kind of game in any part of _ the State for a series of years not exceeding four, ae are required to _ make periodical reports to the governor or the legislature, showing in _ detail these and other transactions of their offices. Board meetings.—As the commissioners usually serve without com- pensation or for small salaries and reside in widely separated sections of the State, it is not contemplated that they shall hold continuous sessions, but merely assemble at stated times for the transaction of business. Thus, in Pennsylvania it is provided that they shall have an _ office in the State capitol, where they shall hold meetings on the first _ Thursdays of January and July and at such other times and places in the State as they shall appoint. In Minnesota the commission is re- quired to have an office in the capitol, where the members meet at such times as they deem necessary. Similarly, in Ohio the commis- sioners maintain an office in Columbus and meet as often as necessity requires. 18 GAME COMMISSIONS AND WARDENS. Executive oficer.—Under the conditions just described it is obviously — ei necessary that there should be an officer, with a definitely located office, to perform the duties and attend to the business of the commis- sion when it is not in session. The Arizona commissioners designate one of their number as business agent. In California the fish commis- sion has a chief deputy, who devotes his entire time to the duties of the commission. The Minnesota law authorizes the board to select one of its members as the executive agent, who is required to devote all of his time to the duties of his office, and is empowered to exercise all the rights and authority of the commission when it is not in ses- sion. His compensation is placed at a sum not to exceed $2,500 per annum, and he must give bond to the State in the sum of $5,000, con- ditioned upon the faithful accounting of all State property coming into his hands. Pennsylvania also makes provision for a secretary, who acts in the capacity of chief warden and business manager for the commission. Incorporated societies—In three States—Delaware, North Carolina, and South Carolina—the enforcement of game laws is intrusted to incor- porated associations. The Delaware Game Protective Association was incorporated in 1879*by special act of the legislature. The charter of the society conferred upon it all the powers of a modern game com- mission and intrusted to its care the administration of the game laws of the State. The original incorporation was limited to twenty years, but in 1899 was extended perpetually. The president and secretary of the society are the principal administrative officers, but each mem- ber is empowered by the charter to enforce the game laws and inci- dentally to arrest offenders. The secretary is the only salaried officer. The fees for membership constitute the game-protection fund, out of which the expenses of the society are paid. 3 In North Carolina and South Carolina administration of the game laws is committed to the Audubon societies, which have been incor- porated by special acts of the legislatures of these States. The execu: tive officer in each is the secretary, who, in all respects, except name, is the State game warden. Heiselected by the members of thesociety, holds office for one year, and receives a salary which is fixed by the board of directors. The treasurer of the society, who has charge of the disbursement of State funds received from hunting licenses, is appointed by the governor. Bird and game wardens are appointed by the governors on recommendation of the secretaries of the societies. Funds for carrying on the work are derived from membership fees, subscriptions, and the fees from nonresident hunting licenses, which in North Carolina during the past year amounted to a total of about $10,700. The plan of intrusting duties of this kind to incorporated societies has met with favor in Nova Scotia and some of the States of Australia, but Re wR etl a te STATE GAME WARDENS. 19 in the United States has not been generally adopted. In New Jersey ‘it proved very unpopular, and after an experience of about twenty years was abandoned. It should be explained, however, that this may have been due in part to the extraordinary powers granted the society 4 under the act of 1873. In Delaware, for several years, an effort has been made by the members of the society to transfer the work to a - Brepularly organized game commission on the plea that the duties could thus be more effectively performed. North Carolina was the first State _ to incorporate its Audubon society and confer such extensive authority _ upon it—a method of enforcing the game laws which in this State has a _ survived the experimental stage and is now a demonstrated success. STATE GAME WARDENS. _ Twenty-three States and two Territories— Alabama, Colorado, - Idaho, Illinois, Indiana, Iowa, Kansas, Maryland, Michigan, Missouri, eMontana, ebeaen: New eee New York, North Dakota, Okla- - homa, Bbbion: pennubbew Texas, Utah, Verrinty WV sesh ea West | Virginia, Wisconsin, and Wiercanene-2frotide fon a single official to B direct the affairs of an game department, the title of the office vary- _ ing somewhat with each State. The constitution of Nebraska (Art. V, sec. 26) prohibits the creation q of any executive State office other than those therein mentioned and _ provides that duties devolving upon officers not provided for shall be . performed by those already authorized. In compliance with this provision the legislature of 1901, in the act establishing a game and - fish commission, declared the governor the commissioner. The actual - duties of the office are, however, performed by a chief deputy, ap- | 4 pointed by him, with eiqdertersa in the capitol. & North Dakots formerly had a State warden, but in 1903 the legis- lature divided the State into two game BeseHibts and created the office of district game warden in each district. In a large State or in one | of varied topography where the different sections requiring super- vision are widely separated this plan has the advantage of permitting _ the warden to exercise a closer supervision of his territory. Thus in ~ Colorado there are five chief game wardens, each assigned to a definite territory, and all under the supervision of the commissioner. ' The office of State warden in Tennessee is a cabinet position, the | department of game, fish, and forestry having been made one of the | departments of the State government.“ The legislature of Washington in creating the office of State game _ warden i in 1899 directed that the State fish commissioner should be ex officio warden; and in 1905 authorized him to appoint a chief deputy q Ertio should devote all his time to the game interests of the State. | The magnitude of the fisheries industry in Washington and their conse- q i (i ia F 4The same is true of the office of fish commissioner in Pennsylvania. on eg |“ Med aoe we _— oo a +. . Pe. ~ VP ey Tee ee ; 20 GAME COMMISSIONS AND WARDENS. | quent demand upon the attention of the commissioner made it neces- — i sary to relieve him of the work incident to enforcing the game laws | in order to insure more efficient administration of both branches of the service. There has been and still is much diversity of opinion as to the ~ | advantage of a single officer over a board. Minnesota at one time intrusted the warden work to a single State game warden under the | act of 1887, but four years later established the present system of a | board of game and fish commissioners responsible for the policy of the | work, which is actually performed by an executive agent. Montana, on the other hand, in 1895, established a board of game and fish com- missioners, and three years later replaced it by a State game and fish warden. New York has tried both plans, but has now placed the work in charge of a single commissioner. Prior to 1904, administration of the game laws of Vermont was committed to a commission of two members, who served without salary, but the legislature of that year abolished the old commission and reorganized the office with a single commissioner at its head. In Wyoming, after the creation of the office © of fish commissioner in 1879, the legislature intrusted the duties to a board of six members from 1882 to 1884, and later returned to the original plan of placing the warden work in charge of a single officer. Appointment.—In every State and Territory above mentioned, except Alabama, where the commissioner is elected by the people, the officer is appointed by the governor and with few exceptions con- firmed by the senate. — Qualifications.—Scarcely a State prescribes any qualifications for the incumbent of the office. Colorado requires the appointee to be skilled in matters relating to game and fish; Kansas, that he shall pos- {| sess the requisite knowledge of the duties of a fish and game warden, — and Utah that the commissioner ‘‘shall not be a member of any hunt- ing, shooting, or fishing club.” Office.—The office of the State warden is not always at the capital of the State. Frequently when no provision is made for him in the capitol, he maintains an office and transacts his business at his place of — residence. At present the offices of the commissioners and wardens — of Indiana, Iowa, Kansas, Maryland, Missouri, North Dakota, Okla- homa, Oregon, Vermont, Washington, West Virginia, and Wyoming are located at some distance from the capital.¢ LTerm.—The term of office fixed by law varies from two to eight years (see PI. III). In Colorado, Idaho, Maryland, Missouri, Nebraska, New Mexico, North Dakota, Texas, Utah, Vermont, and Wisconsin it is two years; in lowa three years; and in Alabama, Indiana, Kansas, Michigan, Montana, New York, Oklahoma, Oregon, Washington, West Virginia, and Wyoming four years. The term of the Illinois “For addresses see Directory of State Game Officials, 1907, Circular No. 62, Bio- logical Survey, U. S. Department of Agriculture. +, 4, ehh wD ae =e Ade A) ed ig aida eae am oY ner ah alla Pe Bull. 28, Biological Survey, U. S. Dept. of Agriculture. PLATE Ill. 2YEARS 4YEARS 6 YEARS 8 YEARS ALABAMA CE ARIZONA CALIFORNIA COLORADO CONNECTICUT DELAWARE /OAHO /LLINOIS /NDIANA /OWA KANSAS MAINE MARYLAND MASSACHUSETTS MICHIGAN MINNESOTA NM SSOUP/ MONTANA WEBRASKA NEW HAMPSHIRE NEW JERSEY NEW MEXICO NEW YORK NORTH CAROLINA NORTH DAKOTA OHIO OXLAHOMA OREGON PENNSYLVANIA RHODE ISLAND SOUTH CAROLINA TENNESSEE TEXAS UTAH VERMONT WASH/NGTON WEST VIRGINIA W/S CON S/N WYOMING DIAGRAM SHOWING TERMS OF SERVICE OF STATE GAME COMMISSIONERS AND WARDENS. | — at oe —as ee. zeae aS ei ai Ii AUS i rg ar SR CN A eae ae Phy ah x Se aor a om : i ne ale } Th ," aa STATE GAME WARDENS. 21 commissioner corresponds with that of the governor appointing him, _ and the term of the governor is four years. One of the longest terms assigned by law for any game official in the United States is that of q the game, fish, and forestry warden of Tennessee, which is eight years. - Several States provide that the State official may be removed by the - governor for good cause, but the Wyoming act declares that before ~ removal the State game warden shall be heard in his own defense. ~ Bond.—Unlike members of game commissions, the single officers in charge of game departments, except in a few instances, are re- quired to give bond, conditioned usually upon proper and faithful _ discharge of their duties and accountability for any funds coming into their hands. In Michigan the liability upon the State game and fish _ warden’s bond extends also to indemnity for all wrongful acts of the _ warden and his deputies while acting officially. The amounts of these _ bonds vary from $10,000 to $500; New York, $10,000; Alabama, Colo- rado, Idaho, Michigan, Oregon, Utah, and Washington, $5,000; Mon- tana and Wyoming, $3,000; Indiana and New Mexico, $2,000; North - Dakota, $1,000, and Tennessee, $500. No bond seems to be required - in Illinois, lowa, Kansas, Maryland, Oklahoma, Vermont, West Virginia, and Wisconsin unless by general statute or constitutional provision. | Compensation.—In every State and Territory except North Dakota, _ Oklahoma, and Tennessee, the State or Territorial warden or the execu- tive officer of the commission receives a salary usually commensurate _ with the services rendered. (See Pl. IV.) North Dakota allows the dis- _ trict game wardens 30 per cent of the hunting license fees collected in _ their respective districts.¢ Oklahoma allows the Territorial warden _ one-half of the fees ($25 in district courts and $10 in justice courts) _ taxed as costs against defendants in every conviction; but in Tennessee ~ _ the State warden not only serves entirely without salary, but advances _ the money necessary to carry on the office.?- New York, on the other _ hand, pays the forest, fish, and game commissioner $5,000 a year and _ necessary expenses. In ten other States the salaries of the chief game officials are $2,000 or more—$2,500 in Alabama, Illinois, Minnesota (executive agent), Massachusetts (chairman), and Texas; $2,400 in Montana; $2,000 in Maine (chairman), Michigan, Missouri, and _ Washington. In four other States—Colorado, Idaho, New Mexico, _ and Wisconsin—the salaries are $1,800; in three—Kansas, Nebraska, _ and Wyoming—$1,500; in five—Indiana, Iowa, Maryland, Oregon, _ and Utah—$1,200; and in two—Vermont and West Virginia—$1,000. _ Nearly every State and Territory allows its warden an amount for _ expenses. The following table shows the titles of the officials, their _ terms of office, salaries, and amount and character of expenses allowed. a ae «The amount collected in the two districts in 1905 was $12,290. _ 5In his report to the legislature of 1907 the warden states ‘‘the facts are that your _ State warden has served the State for four years without salary and in the meantime | advanced from his private means . . . the sum of $5,000.”’ ee 2 « £10 «Pus SAATOOSL 10}00}0Id Jory |---- 7" eles IS orice aia (Gy el Pe Be OCS tines dnincin sige da smn the 1K 3424 498 =H) SIOUGISSIMULOD SLES TOPTsOg |-7"" = BIUeATASUleT ey. 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" A . s Pies rl<« - “Ts a ial x “a ct ey 4 eS vet Dek AS Fs es a cs a 4% iv x Ot .™ : s . ea h ¥ : " ae > asa! Sie ‘ 4 ; : } 26 GAME COMMISSIONS AND WARDENS. In Virginia each city may have 2 wardens and each magisterial si district 1 upon application of 5 resident freeholders. The city . — wardens are appointed by the city or corporation court and the dis- trict wardens by the circuit judge. Special provision requires, how- ever, that in Accomac and Northampton counties the wardens are to be ‘appointed on the recommendation’ of the Eastern Shore Game Protective Association, to which they make their report and by which they are paid out of the returns from hunting license fees. The term of the city and district wardens is four years and the compensation not to exceed $300 a year, paid from hunting license fees. Beside these regular wardens the commanders of the oyster police boats are constituted game wardens, and in addition to their duties in this capacity are required not only to enforce the game laws of the State, but also to execute the laws of the United States relating to the pro- tection of game. | SUBORDINATE OFFICERS. The-operations of the game department can scarcely result in sub- stantial success without the assistance of local officers, each with a limited territory over which strict surveillance can be maintained. This is as true as the converse of the statement, that local officers with- out a central head rarely do effective work. Most of the States and Territories have provided local officers of varying titles, whose num- ber and terms of service depend largely upon the ability of each State to provide means for payment. The highest salary paid deputy game wardens in this country is $1,500 a year, which is allowed the special deputies in Montana, who are allowed also $300 a year for traveling expenses. As these wardens hold office for four years, it will be seen that the position is one of standing and of adequate com- pensation. From this maximum the amounts received grade down- ward to the scanty allowance of criminal fees, and finally to service without any compensation in several States. The meager compen- sation resulting from the percentage of fines secured sometimes allowed deputy wardens is hardly sufficient to enlist the services of active men, and the scheme adopted in a few States of paying deputies a per diem amount while actually performing service seems a better method where funds are insuflicient to keep these officers constantly employed., The sources and methods of appointment of the subordinate war- dens vary widely, but more satisfactory results seem to follow appoint- ment by the State game department or official, to which they are thus made directly amenable and by which they can be removed in case of incompetency or dereliction of duty. By this method also appoint- ments are removed from local and political influences and the warden is untrammeled by any such considerations. eed be ALM Mi TEM idl a era SUBORDINATE OFFICERS. 27 _ A number of States have provided several classes of wardens, from district warden, with supervision over a large part of the State, to dep- ¥ uty county warden, or one with even more restricted territory. Cali- _ fornia, Colorado, Illinois, Maine, Maryland, Montana, Vermont, and. _a few other States vest their wardens, or some of them, with jurisdic- _ tion over the whole State, and it is evident that such a system may be _ productive of much good. With powers restricted to one county, as is the case in several States, it sometimes happens that violators escape simply because the warden can not follow them outside of his own limited territory. The Colorado scheme of warden service seems well _ adapted to the needs of game protection and has the advantage of _ feasibility in States where funds are insufficient to keep an adequate __ number of wardens employed during the entire year. There is adeputy State game and fish commissioner, at a salary of $1,500 per annum. _ Five chief wardensare appointed by the commissioner, ata salary of $900 _ ayear and an allowance of $300 a year for traveling expenses, with jur- isdiction over the whole State. The next grade includes deputy game wardens, the number not to exceed ten at any one time. These are appointed by the commissioner for a limited period, are allowed $100 a month while actually employed, and have jurisdiction coextensive with that of the chief game wardens. Next in order are the special game wardens, appointed by the commissioner, who receive no stated salary, but are entitled to certain fees and perquisites. The fourth class consists of licensed guides, who have the powers of deputy wardens. In Alabama the State game commissioner may appoint a warden in | each county, whose term is four years, with allowance of one-half of | all fines, penalties, and forfeitures collected under the game laws in his | a county. ) In California the board of fish commissioners may appoint a chief _ deputy and other assistants, with jurisdiction extending over the entire _ State and compensation assigned by the board and paid from the | appropriations allowed that branch of the State government. The _ county wardens, as already explained, are not directly connected with _ the State board of fish commissioners, but work in cooperation with it. In Connecticut the commissioners of fisheries and game appoint a _warden for each county, who serves fortwo years. The county warden | may appoint 10 and not more than 20 special fish and game wardens | for his county, to serve during his pleasure. The county warden and | his appointees receive no salary, but are entitled to a fee of $20, taxed _as costs and collected from the defendant in every conviction. | The State warden of Idaho, like those of several other States, has _ authority to appoint a chief deputy at $1,200 a year, two assistants _ and aclerk at $1,000 a year each, and on petition of 10 or more resident qi taxpayers as many deputies as may be necessary in each county. The _ chief deputy, assistants, and clerk are under bond of $3,000 each, and See en i iw nai orl r= ad ‘= ™ nad —< Ee ~~ rye 28 3 GAME COMMISSIONS AND WARDENS. the chief deputy and assistants are entitled to traveling expenses not exceeding $600 each. Each county deputy is under $500 bond, is — allowed traveling expenses when sent outside his district, and receives _ $3 for each day of actual service, not exceeding, however, 150 days in — any one year. In Illinois 16 game wardens are appointed by the commissioner, with power to act anywhere in the State. Hach receives a salary a $900 a year and actual expenses while under direction of the commis- — sioner. There may be 3 deputy wardens for each county, appointed — by the commissioner, with jurisdiction over the entire State. They receive for their services $2 a day while actually employed and one- . half of all fines resulting from complaints filed by them. The com- missioner may also appoint as many special deputy wardens as 'neces- sary, who are allowed one-half the fines recovered when they file the complaints. The deputies in Iowa are appointed by the State warden. They receive no salary, but are allowed a reasonable compensation in the judgment of the county supervisors, to be paid from the county treas- ury, and when they are informants are entitled to a fee of $5, in each instance, to be collected, in case of conviction, from the defendant. In Kansas the deputies are appointed by the State warden, one or ‘more for each county, upon request of 10 or more resident taxpayers. As compensation each receives a fee of $10, collected as costs from the defendant for every arrest resulting in conviction. The fish and game wardens in Maine are appointed by the governor, upon the recommendation of the commissioners of inland fisheries and game, to serve for three years: but the deputy game wardens are appointed directly by the commissioners, who also fix their com- pensation. The only subordinate wardens authorized in Maryland are the deputy game wardens, who are appointed by the governor upon the recommendation of the State warden. They may be appointed for the whole State or for a specified locality, and receive such compen- tion as they and the State warden may agree on, payable from fines collected for violation of the game laws. The deputy warden system of Michigan is somewhat more elaborate than those of most States. The State warden appoints a chief deputy, who receives a salary of $1,500 and exercises the functions of the office in the absence of the State warden; not more than 10 deputy game wardens, at a compensation of 83 for each day of actual sery- ice and with jurisdiction over the entire State; and from one to three county game and fish wardens for each county, subject to his control, but with jurisdiction limited to the county, and compensa- tion fixed by the county supervisors. A novel feature of the Michi- gan law is a provision permitting the Audubon Society of that State 29 o name four deputy wardens (whose territory is determined by the ociety) to have the powers of other deputies, but to serve without compensation from the State or county. _ The number of prosecutions for violations of the game laws of Min- nesota and the variety of questions involved in the cases that reach the supreme court of the State indicate a successful administration of these laws, and in this connection it may be significant that the board of game and fish commissioners is given freer hand than in - most States. Enforcement of the game laws is intrusted to the execu- _ tive agent, whose powers, compensation, and duties have already been _ explained (see p. 18), to wardens placed under the supervision of the - executive agent. These wardens are appointed in such number, at such - compensation, and for such terms as the board considers necessary. | ‘The State warden of Montana is authorized to appoint not less than ; 4 5 nor more than 12 special deputies, having jurisdiction over the entire q State, for a term of four years and at a salary of $1,500 per annum _ and the fees allowed sheriffs in criminal cases. He may also appoint | deputies with the same powers as those exercised by special deputies. _ Thereseem to be no regularly and permanently employed deputies | in New Hampshire, the board of fish and game commissioners being | empowered to appoint ‘special detectives in cases of prosecution relat- _ ing to fish and game.’ The compensation of these appointees is paid by the board from the fish and game fund. | The number of deputies authorized in New Jersey is large, when | the size and position of the State are considered. The board of fish _ and game commissioners may appoint 25 fish and game wardens, one _ to be chief game protector and exercise supervision over the others, | and it may also appoint as many deputy fish and game wardens as are | deemed necessary. The salary of the chief protector is $100 a month, | and that of each of the fish and game wardens $50 a month; the dep- uty wardens receive no salary, but are entitled +o fees collected in _ prosecutions by them. | ‘The New York system is very similar. The commissioner of for- | ests, fish, and game appoints 75 game protectors, who hold office during his pleasure. One is appointed chief protector, with supervision over the others, at a salary of $2,000 a year with a provision for an increase | of $500 at the expiration of five years of service; he is also allowed | 1,000 a year for traveling expenses. Three of the protectors are | appointed assistant game protectors, the first assistant at a salary of - $1,400 per annum and the second and third at $1,200 each, with an | allowance of $750 a year for traveling expenses. The other protectors | receive $600 a year as salary, $450 for expenses, and one-half the fines ja recovered upon information furnished by them. They are required _ to report monthly to the chief protector. The commissioner may also appoint special game protectors when such action is reeommended by I if 30 GAME COMMISSIONS AND WARDENS. the supervisors of any county or by a game club. These special pro- — a tectors have all the powers of game protectors except that of search- | ‘ ing without warrant, but receive no compensation from the State. HW The secretaries of the Audubon societies in North and South Carolina | select the bird and game wardens and the governors appoint them. \ Their compensation is fixed by the secretaries and paid out of the funds_ ! at the societies’ disposal. : i Ten game protectors are authorized by law in Pennsylvania, one | of whom is designated by the board which appoints them, as chief pro- i tector and secretary of the board. The chief protector has supervision — i over the others. They receive salary or per diem as the board may b agree with them, payable from funds appropriated for game protection. The board may also appoint one deputy game protector for each county, whose powers are the same as those of the protectors, but whose com- pensation consists of the fees usually allowed constables for performing similar services. As many special deputy game protectors as are necessary may also be appointed by the board without compensation. In Texas the State game, fish, and oyster commissioner may appoint a chief deputy commissioner, at a salary of $1,800 per annum and ex- | penses, and deputy commissioners who receive $3 a day while actually employed and are allowed their necessary expenses, all to be paid | from the game-protection fund. j Vermont provides one or two county wardens for each county, appointed by the game commissioner at a compensation of $2 a day and expenses while actually employed. Deputy county fish and game wardens, as many as are necessary, may also be appointed by him at a compensation of $1.50 a day and necessary expenses while officially employed. The State warden of Wisconsin, with the approval of the governor, | | is authorized to appoint two or more special deputy wardens in each : | Congressional district at a per diem compensation determined by him | and payable from the hunting-license fund for time actually spent in : service. The county board of any county may authorize the appoint- i ment of county wardens and limit the number thereof, such wardens to be selected by the board of appointment of the county and appointed by the State warden at a compensation determined by the appointing | board and paid from the county treasury. All game wardens are now 1 required to pass a competitive examination in accordance with the i general civil-service law of the State. In Wyoming the State warden appoints three assistant game war- \ dens, who receive a salary of $900 a year each. He may also appoint | _ one or more special assistant game wardens for each county, paid from the game fund, at $3 a day for the time actually employed. LOCAL AND OTHER OFFICERS. OA? SPECIAL LOCAL OFFICERS. _ The region at the head of Chesapeake Bay and about the mouth of the Susquehanna River in Harford and Cecil counties, Md., known as the ‘Susquelranna Flats,’ has in the past been famous for the number and variety of its wild fowl. Knormous numbers of ducks | have been killed for market on these noted ducking grounds, and many ' persons have resorted to them for sport and recreation. The impor- _ tance of the Susquehanna Flats has caused the enactment of an elaborate system of ducking laws. Beginning in 1872, the Maryland legislature | committed the enforcement of these laws to a board of special police, 7 composed of three members, appointed by the governor, two of which _ were from Harford County and one from Cecil County. They were | invested with power to appoint deputies and make arrests without warrant, and were allowed a compensation determined by the circuit ~ judge and paid from hunting-license fees. The act creating this board has been variously amended from time to time, but the substantial pro- _ visions of the original measure are still in force. The board now con- sists of four members, two from each county. | / In 1884 the Maryland legislature enacted a law requiring the gov- _ ernor, with consent of the senate, to appoint a special policeman for _ the protection of wild fowl on the Elk and Bohemia rivers in Cecil County. This officer was vested with powers very similar to those of _ the ducking police on the Susquehanna Flats. The act was superseded _ in 1894 by another of like import, providing for compensation at $50 a year, payable from the county funds. The law of 1894 is still in force. : South Carolina has a system of inspectors, authorized by act of 1905, q for enforcement of the game laws on the public lands and navigable | q waters of the State. These inspectors are appointed by the county - commissioners of each county in which the law is applicable, receive 10 per cent of the hunting-license fees and fines collected in the county a under the act, and are vested with powers to arrest without warrant | persons found in the act of violating the law. OTHER OFFICERS. Nearly every State and Territory requires the sheriffs, constables, _ and police officers to enforce the game laws. Several impose certain _ features of enforcement upon market masters, coroners, and marshals, and Indiana places the duty of enforcement on road supervisors, under _ penalty of $5 to $25 for nonperformance, and with a fee of $5 for the _ service when rendered, to be taxed as costs against the defendant on - conviction. In Massachusetts members of the district police and all officers qualified to serve criminal process have authority of com- missioners and deputies in arresting violators and executing search warrants. Guides and packers are required to be deputy game 32 GAME COMMISSIONS AND WARDENS. wardens in Montana and ex officio assistant game wardens in Wyom- ~ ing. Members of incorporated game societies in New Jersey have power to institute prosecutions and to make arrests without warrant. In Vermont town grand jurors are required to prosecute violators. In Virginia commanders of the oyster police boats are made game wardens, as already explained (see p. 26), and are required to report all prosecutions to the board of fisheries. By act of Congress officials of the Forest Service are required to aid in the enforcement of game laws, and forest rangers of the Federal Government are by State law made ex officio game wardens in Washington, have powers of deputy game wardens in Colorado, and may be appointed special assistant game wardens in Wyoming. The Alaska game law requires all marshals, deputy marshals, col- lectors of customs and their deputies, and officers of revenue cutters to enforce the law. In several States police and peace oflicers are declared to be ex officio game wardens and are invested with the same powers as game wardens. In Pennsylvania the State constabulary are required to enforce the game laws. Wardens in several States have much more extensive police powers in performing their official duties than sheriffs, con- stables, and peace officers are allowed to exercise in connection with their own functions. Thus in Montana these local officers can not seize without warrant as wardens can, and in New York they have not the right of search without warrant conferred on protectors. A pro- vision investing local officers with the powers of game wardens is therefore calculated to increase the game warden force without addi- tional expense to the State. In some States sheriffs and other officers are allowed the same fees that are prescribed for the wardens and share in the division of fines. But despite the fact that the powers and duties of wardens are bestowed upon these regularly constituted peace and executive officers with great particularity and detail, scarcely any assistance is rendered the game departments by them. So conspicuous was the failure of a provision of this character in Mis- souri, under the act of 1905 creating a game department, that the State warden in his first report makes the following statement: One provision of the game and fish law constitutes sheriffs, marshals, constables, and all peace officers ex officio game and fish wardens, and charges them with the same duties, and under like penalties for violation of duty, as are by law imposed upon the State game warden and his commissioned deputies. © It was very much hoped that this provision of the law would prove a very great aid and furnish valuable allies to the game warden’s corps of deputies in bringing about the law’s enforcement, especially in remote places difficult of access to regu- larly commissioned deputies. With this hope and end in view this office, at the expense of considerable labor and time, procured, by correspondence with all the county clerks, the names and post-office addresses of all the constables and justices of the peace in the State, aggregating in all some 4,000 such officers, to all of whom we mailed copies of the game law, and addressed them personal letters calling atten- me and ett deputies of their added duties under the law, and especially asking as the chief executive officers of the counties, to give this provision special Strange to say, that of. the many ions of the law that must have occurred throughout the State, and of the many osecutions that have been begun, very few have been originated by the activity vigilance of ex-officio game and fish wardens. (Rept. State Game and Fish ‘den of Missouri for 1905, pp. 24-25.) Much the same results have been experienced in other States. The meral consensus of opinion is that local officers elected by the peo- le can not be expected to perform successfully the duties of game vardens, but such work must be done by officers appointed by a State ficial or board, who are not dependent upon local favor to hold their ositions, and sith by serving at a distance from their place of resi- nee, are free from local influence. GAME PROTECTION FUNDS. The problem of providing funds for the support of a game depart- ment or system has puzzled those interested in the preservation of game ever since the necessity for such preservation arose. In many States it has been found well-nigh impossible to secure legislation providing for the appropriation of money, no matter how little, for the preservation of game. The sentiment to which this condition is due still prevails in a large part of this country, particularly in the South. The creation of new offices, with salaries attached, is regarded with great jealousy and disfavor. In the early history of the movement for game protection the only provision considered feasible for pay- ment of officers charged with the duty of enforcing the game laws was an allowance of whole or part of the fines. A system maintained on such an unsatisfactory and unstable basis, however, accomplished almost nothing, and the advocates of better protection set about to devise a more satisfactory means. This resulted in the creation of a game protection fund composed of fees derived from hunting licenses and other returns from enforcement of the game laws, thus placing the department or office upon a self-sustaining basis. Aside from the provision contained in the game laws of New York in 1879, authorizing the board of supervisors of each county to levy a tax sufficient to raise $1,000 a year for the purpose of enforcing the laws, and a similar provision in the Montana laws of a few years ago, there seems to be no instance of a specific authorization to any agency of a State govern- ment to levy a tax on property for the maintenance of a warden sery- ice. The provision in the Montana law (Laws of 1901, H. B. 147, sec. 15) required the board of county commissioners of each county, at the time of levying the annual tax, to levy also a tax of one-tenth of a mill upon the assessed valuation of all property in the county to be paid to the State treasurer. The money thus arising, together with that received from the enforcement of the game laws, was to constitute a fish and game fund, and was to be used in defraying the salaries and expenses of the State and local wardens. This law remained in effect until 1905, when it was repealed, doubtless because the funds arising from other sources were sufficient to meet the expenses of the depart- ment. The final solution of the problem of supporting a game department without taxation of property or appropriation of funds from the gen- eral treasury has been found in the hunting license system. Since the first adoption of the plan of requiring every nonresident to pay a fee for the privilege of hunting, nearly every State has established either a State or county wardenship. Within a few years the plan of 34 vee! Pe Rd) deed A Louk ibs og fii als es eS oT ee ee th ES weet nares me Pee ni at are) Wp Mans ik ¥ A Pa : i dat LICENSES. | 35 requiring residents to secure licenses has been adopted by 19 States, and in spite of the small license fee large incomes have been derived from this source. The prejudice against requiring a resident or citizen of a State to pay any fee, however small, for the privilege of hunting is gradually disappearing, and doubtless the change in sentiment will result in the establishment of State service in the re- - maining States, mostly Southern, where no such system now prevails. _ The license system, as a source of revenue for the maintenance of _ the game department, may well be considered to have originated in ' 1895, but of the four States adopting the system in that year only _ two, Michigan and North Dakota, directed the funds to be applied to " game protection.* The Michigan license was required for hunting _ deer only; the fee was $25 for nonresidents and 50 cents for resi- » dents, and the receipts from the nonresident licenses were equally | divided between the State and the county of issue. The county funds | thus obtained were applied by the county commissioners to the pro- tection of game, and the State funds were used for payment of salaries | * of the State warden and his deputies. By some oversight, no provision | _was made for the disposition of the resident license fees, and notwith- _ standing the opinion of the attorney-general, furnished upon request | of the State warden, that these fees should be distributed in like - manner as the nonresident fees, the county clerks refused to so dis- pose of them, contending that such fees were rightfully theirs as com- | pensation for services rendered in issuing the licenses. Under the first | year’s operation of this law 22 nonresident and 14,477 resident licenses | wereissued. The legislature of 1897 increased the resident license fee to 75 cents, rectified the omission in the law of 1895, and remodeled the _ scheme of disposition of fees by allowing the issuing clerk 25 cents of every fee as his compensation, the county supervisors 25 cents of the | _resident-license fee for enforcement of the game law in their respective - counties, and the State treasurer the remainder of all fees, for pay- ment of salaries and traveling expenses of the State warden and his | deputies. In the first year of the existence of this law there were ‘a issued 11,867 resident and 44 nonresident licenses, the receipts from | which provided a State game fund of $4,055.75 anda county game fund of $2,966.75, or a total of $7,022.50. For the time covered by the foregoing figures, 1897, the total expenses of the State game | warden’s office were $6,444.08; hence the receipts from the license | system alone (in addition to $6,208.32 collected in fines) were more | than sufficient to meet the salaries and all expenses of the State | game department and its deputy wardens. Had the license system _ been general and not restricted to deer alone it is evident the receipts _ from this source would have been much greater. In this connection Pe ee ee ol = _ “The other two, Minnesota and Wyoming, required only nonresident licenses. _ One of the principal objects of the Wyoming license was to prevent nonresident _ Indians from hunting in the State. (See Recreation, Vol. 12, p. 443, June, 1900.) GAME COMMISSIONS AND WARDENS. it is interesting to note the volume of work (which can be presented 4 in figures) accomplished during the year 1897. There were 920 vio- — lations “ investigated, 597 prosecutions begun, and 483 convictions — secured, which resulted in the collection of $6,208.32 as fines. The North Dakota law of 1895 established both resident and non- resident licenses, 50 cents and $25, respectively, and directed that one- third of all sums from this source should be paid the State game warden as his compensation and that two-thirds should be paid into the county treasury as a county game fund to be used for game pro- tection. This law has recently been somewhat changed, but the greater part of the fund arising from the sale of licenses is still applied to game protection. Since 1895 the value of the license system as a means of furnishing funds for the support of game protection has received general recog- nition. This object is clearly and unequivocally stated in the Illinois law of 1903: Src. 25. For the purpose of increasing the State game protection fund and preventing unauthorized persons from killing game and birds, no person or persons shall at any time hunt, pursue or kill, with gun, rabbits or any of the wild animals, fowl or birds that are protected during any part of the year, without first having procured a license sotodo, * * * The amount collected from this source by Illinois is so large— $127,988 in 1905—that such a declaration of object becomes important. Indeed, so successful has the system generally proved as a means of raising funds for game protection that a number of States have erected upon this foundation elaborate State departments of game or game and fish. Alabama, Idaho, Illinois, Michigan, Montana, North Carolina, North Dakota, South Carolina, Utah, and Wisconsin support their game departments wholly by means of the funds derived from licenses and, in some instances, all or part of the fines resulting from convictions. The following table shows briefly the disposition made of hunting- license fees in States where licenses are issued: Special Disposition of Hunting License Fees and Fines. State License Fees. Fines. JEN CEG State game and fish protection fund-.| State game and fish protection fund. WerAZOn:. SS s2 =. Use of fish and game commissioners .| Half to informer, half to school fund. MMECGINIRUS Ee oe ed oie iene cs Vokes he ee a See Officer making arrest and securing con- viction. Valiiormin.. 22... State game preservation fund........ State game preservation fund. eeMoradoy. 2.8. i SL Nonresident fees and, when collect- | Third to State game fund, third to prose- ed by commissioner, resident fees cutor, third to county. to State game fund; resident fees collected by county clerk, half to State game fund, fourth to coun- t i ty, and fourth to clerk. Connecticut ......- Game protection tang: . loess. thee Imposed by justice of the peace, to town; otherwise, to State. Pelaware 05.2 -552 To Delaware Game Protective Asso- | Less expenses to Delaware Game Protec- ciation. tive Association, except under license act, as follows: Half to prosecutor, half to the association. a These figures include fish cases also, as the State warden was likewise charged with the enforcc- ment of laws protecting fish. Oe Yan ree eb rh ea DISPOSITION oF LICENSE FEES AND FINES. ou Roanal Disposition of ee License Fees and Fines—Continued. State. License fees. Mm eMomGda: 62501 252 County game fund. If no warden in M the county,to fine and forfeiture if fund. EME RETE LASSE SS Ge Cee St I OR ane gree Og ee Ges ee State fish and game fund............. MPL UMOIS 4s 2 = Stateisam enum di Vac ees ome ae i a eae a i 2 eta, State fish and game fund.........-.-- BPO Ware ee wee eo. oes County game fund! 2.25. 222205. ee. SIGE eee Stabe cam evhun ds. coger qos fe ee me Kentucky ...2....4. General expense fund! ys. 522 22 seek ee HowIsiana 052-0. state same fund . sot. ete see ees ECS Eee |e O (Oi IS SESS See een he ACD fet ee Maryland!.../.2.2.% Local laws; usually to county school q fund. q Massachusetts ..... See OAS Me ARON te Oe eae me Michigan:. 222.2... Statesame fumed) fo c.c. shock. kh eek See MANINeSOtA, ..-..5--.-|---- - GOES ters eras LRN ieee 28 ee et Mississippi .....---- pie forest and game protective un MVS oyentelye = "ef -1S) County treasury for roads.......----- Montana: :.:..-...: State game fumd 222 s22 15205 ck). ees iMebrasika: . 25.2.5... Stateschool HUM sess lost es cease sie LY EGE: sot Go oP DORE E OS ee CE EEIE CS SSE Pe aan ears moNew Hampshire ...| State gamefund.......,........--.--- me NewiJersey .-.-.-.- Use of fish and game commissioners - q 1 2c bute “pe 5 it UMN ai i leat il entiaeo am pp RHR q Ie WanOnks (oe). -55 << reais ea Nac “AMONG Mensch rele Ci anIeA bE Bs ide _ North Carolina..... Siategante tTumd 20) UL ae: North Dakota...... 40 per cent to deputy game warden of county, 30 per cent to district game warden, 20 per cent to gen- eral State fund, 10 per cent to a auditor of the county. «ACLS 0 fe aE a Use of commissioners of fishand game. © DEST ER OVGTED ER se CSI IE TRI EGA FERMI pe ge we pa mOVePON es. .525.552.. State wame timid (a. eo See ek es : Pennsylvania...... Half for use of board of game commis- F sioners, half to county. - Rhode Island ...... bale eee Gort ese ok tyne eee men - South Carolina..... State game protection fund.......... - South Dakota...... County came fund’. oe oe oa sk. i ‘ BRMETINON EG g. 0.0 <)0 sia Shishifenetshaaeut\ 00 0(6 U-baey sige tesla ee omnes Bey Pina. ...-...... Payment of wardens’ salaries.......-. Washington Ms te Re Collected by State auditor, to State game fund; collected by county auditor, to county game fund. West Virginia...... SUH ee Ea ee ONRES SM Cat Se ma ee Ay 'Wisconsin.......... State; Same MN dS i ae eae, ered 4 Wyoming Ae eee Sa UCpep ene ae o as Seen SCRE he Se fine and forfeiture fund. them. a of the fines. Fines. Third to informer (half if he be a war- den), balance to fine and forfeiture fund.a Half to game warden securing conviction, State fish and game fund. Half to deputy warden or person filing complaint, half to State game fund. Less expenses to warden prosecuting, or half to informer. hai ia game fund. _Less expenses to warden prosecuting; otherwise half to informer, half to county school fund. Half to complainant, halftoState; if com- plainant be a deputy of the commission- ers, whole to the State. General revenue fund of the county. County forest and game protective fund, but informant entitled to half. Half of fine for trespass paid to owner of land securing conviction. State game fund. County school fund, but complaining Witness entitled to an equivalent of half from general county treasury. School fund. State game fund. Third for use of fishand game commission- ers, third to complainant, third to per- sons furnishing evidence. Half to deputy game warden prosecut- ing; half to county school fund. For use of forest, fish, and game commis- sioner; person, game society, or corpo- ration or officer furnishing evidence or instituting prosecution entitled to half. For use of commissioners of fish and game; prosecuting attorney 20 percent where he conducts prosecution. Less expenses, half to informer or person bringing action, except wardens, half to State. For use of board of game commissioners- when prosecutor is a protector or dep, uty; half to informer, half to board for violation of license law. Hali to complainant, half to State. State game protection fund. Small game, half to warden or officer in- stituting prosecution or to informer; half to county game fund; big game, county game fund. Half to warden procuring conviction or making arrest, and half to State warden. State. County; but informers in cases of viola- tion of law protecting big game and introduced birds entitled to half. State game fund. State. County game fund. Deputy warden prosecuting.¢ Third to county game fund. General school fund. _a@This scheme of disposition of fines is void, as the constitution requires all fines to be paid into the bCommissioners may direct that fines collected upon prosecutions by deputy State wardens be paid ¢Suit is now pending in the supreme court of the State to determine the legality of this disposition Aa eae NLP No, we ey ee ” ™ Ye Ne aly” by ire ei te teal gt OTR OREO UTEL ea RPh Re WU OIE AD PA ; es 4 i Se tec HOY eRe eh ENN Moa 38 GAME COMMISSIONS AND WARDENS. In Washington the division of game protection, somewhat separated from the fish department by the act of 1905 but still under the control of the State fish commissioner, is maintained exclusively by the license fees paid into the State treasury; and the fees paid into the county treasury are used for game protection in the county. In Idaho, just prior to the session of the legislature in 1905, opposition to the main- tenance of a State game department supported by appropriations from the general treasury of the State threatened the abolition of the warden system. Anticipating this contingency, the advocates of a State office drafted a new bill covering the entire field of game protection, from _the establishment of a State wardenship to the minutest detail of close seasons, and placed the whole upon a self-sustaining basis by means of the license system. This bill became a law, and during the first year of its operation the sum of $16,050 was collected from the issuance of licenses alone. 7 | One of the most conspicuous examples of a self-sustaining depart- ment was that of Missouri, prior to recent legislation abolishing the game protection fund. The general game act of 1905 established resident and nonresident licenses for hunting, and directed that the returns from them should be paid into the State treasury to the credit of the ‘ game protection fund,’ which also included fines for violation of the act and certain small fees for issuing special permits. The act became effective on June 16, and the governor appointed a State game warden, who organized the department upon a working basis. At the end of the year, after all expenses of the department ($11,998.33) had been paid, there remained in the treasury to the credit of the game- protection fund $36,932.37. The license fees collected from nonresi- dents hunting in Florida during the single open season of 1906-7 demonstrate the feasibility of supporting a State wardenship in that State by the funds accruing from this source alone. The amount was $6,380, and it is to be remembered that as the very unsatisfactory and inefficient system of county wardens without organization or central head is in effect there, this amount is undoubtedly much less. than it should and would have been if the law requiring noncitizens to procure licenses had been strictly enforced. ? In most of the States and Territories, either the whole or part of fines arising from prosecutions for violations of the game laws are used for purposes of game protection, as shown in the table on pages «This act was repealed in 1907 and superseded by a law which destroyed the game protection fund, directing that all license fees be paid into county treasury for roads. When the law of 1905 was repealed, the balance of $47,000 then remaining in the game fund was divided, $20,000 being paid to the fish commission, and $27,000 paid into the general fund of the State. ®See ‘Game Protection in Florida,’ Circular No. 59 of the Biological Survey, U.S. _ Department of Agriculture, 1907. ude Shs ee ere da bags Tg aay i he -, vi os be ee OS TION OF aes IN ILLINOIS AND CALIFORNIA. 39 6-3 3. In Illinois ihe license fees and part of the fines constitute a fund n the State treasury, designated as the State game protection fund, which is used for payment of expenses of the State game department, and the surplus for the introduction and propagation of quail, prairie chickens, pheasants, and other game. With this balance the State game commissioner has established a game farm of 160 acres in Sangamon County, not far from Springtield, where large numbers of pheasants, quail, and partridges have been propagated. These birds will be dis- tributed throughout the State in suitable sections. The experiment has been a signal success.“ All fines for violation of the game laws and license fees in California constitute a fund in the State treasury for the purpose of protecting, restoring, and introducing game. In this connection, as well as for other reasons, the following table of “arrests and prosecutions for violation of the game laws in Californi 1a during the two years ending August 31, 1904, is interesting. It will be seen that the game fund from this source ale amounted to $6,749. Summary of Arrests made by Depulies of the California Fish Commission and Disposition of Cases for two years ending August 31, 1904.6 rof} ro S Ss a a 2 = Z Impris- ; 23 Violations charged. ed = a Fines. nee BE ails | 8 (days). r a o 77 TTT TT BUBLpPUT ‘SMB OWLBS OY} SULJVIOLA ‘sory AT[enyow wayyy Aq poJooJop SUSIE ‘punoy oq ABUL uoyxe} AT[BVSIT[I OUIBS DADI[OG 0} uosBer oABY AO O10 M “BAMBI ‘syovd ‘sdurwo ‘suoseM ‘s]UdT, | OURS OY} SUL}BLOIA puNnoyJ SUOSIOd ‘SMBl OUIVS OU} SUL Bia fee Sige ae esac ge cee SRE eS Sh -JBLOIA JO JOB OY} UL PUNO; suosIOg ‘ydoxy 10 por0j}s 9 07 POADI[EG o1B SpaTq 10 ‘syvout ‘ouvs o1oyM oovid AUW ‘SALUT OWIBS JY} SUIVVLOIA PUNO} SuUOSIOd at pS sea EE NG PRI SE ae MITT Ca a ee puB[ sty Uo srossudso1 J, ‘ploy 10 ueye} A[[BSOTIL OUABS SUTADAUOD IO SUT -dooay 1ojjosn JO WOTordsns o[qvuOS -vor uodn ‘epowydoood 10 oovld AUY |*" "SMV OUIBS OY) SUILBLOIA SUOSIOd *po[Bo0UOD Oq 0} POAOT[Od st A[[BsoT[L Ploy TO Usyzey oulVd o1oyMmM ‘Sosexovd puB ‘sold ‘soxoq oulmmevxe pus uedo Avut ‘osnoy, sul[joMp ydooxe ‘sowed AUY ‘OUUvSs ULBJUOD AOU JL ULB -1908B 0} LOX LOF POpUd{UT So.dB -yovd uodo ABUT SlOTIIIv9 WOUTUIOD SMB] OULB.S OU SULYVIOTA JO AZ INS PoAOT[oq SUOSIOT ‘SMB OULBS OY} SUTY SS ee ad te ame a alae ee al apie eoaaes -B[OIA JO JOB OY} UL PUNO; suosIEg ‘lopuNsIOYY oInNy[MoTAsy Jo Arvy -91099 9} eg SUOTIB[NSOL IO SMB OMBs OY} SUTYB[OLA PUNOF sudsiIOg ‘QZ108 0} poztLoyyNy -ndop pus ‘suspivM ‘IOUOISSTULUI0/) ‘suop -IBM OUIBS OLOYJO xo puBv suOp -18M Ajndoep ‘UopIBAM OUIBs 97249 Bice sisieeis soryndep puBv UopIBM OUIBS) ‘IOOYO YA[voy 10 ‘UdpPIBM OUIBS ‘IODJO ddT[Od *UOI}BIO -OSSY 0A1}090JO1d 9WIBY) JO SOQ UO, “UAT 4SIS8B 01 PUBUIUIOD ABUT OY OS0q) pus ‘pur, yo yuvdnd00 10 190UMO *810100} -oid yeroods ‘sayndop ‘suepiBA\ ‘so[qBISUOD PUB ‘SYLIoYys ‘SUOPIBM ‘IOUOTSSTULULOD --sorndop 110} puB SIOMOISSTULULOD *‘[eysivur B Aq SUIIIM UL pozzoyjNB oUOAUB IO ‘Sul0jsno JO 10,09 [00 Ayndoep pus 10109[[09 ‘s[vysivul Ajndep ‘[BYsIB[ “YOIBS, “\SorLy *SIOOIBO “"***STOUTTIT - “*** BIQUANTOD JO JOIST eS tee tetaieteicretetereiate OIBMBIOG qnotjoouU0gD tress ecccseeceee OpBrIO[OD SBSUBAIV ee atl (aly ME a “ BUOZIIV *0481S “SMT awn) ay? 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POWER TO REQUIRE AID. The game warden unaided may be physically powerless to execute the process in his hands or to check violations of the law committed in his presence. To provide for such contingencies Colorado, Min- nesota, Maine, Ohio, Pennsylvania, Texas, West Virginia, and Wyo- ming empower their wardens, or certain of them, to summon to their aid any number of persons required. In Colorado the commissioner or one of the chief wardens may, when such course is necessary, sum- mon to his aid, or require the sheriff of the county to do so, a sufficient number of persons to quell any unusual and ungovernable violation of law. It isa violation of the act for any person, when summoned, to fail to respond without good cause. Nevertheless, the commissioner of that State, in his report for 1901 and 1902, questions the value of this power and gives the result of his experience in attempting to put it into operation in the fall of 1902, when he undertook to quell an Indian raid in Rio Blanco County. He says: In October of last year [1901] I received information that the Indians were hunt- ing in the vicinity of White River in Rio Blanco County. I went there and suc- ceeded in arresting seven Indians who had in their possession a wagon load of ‘jerked’ venison, one hundred and forty-odd deer hides, and some fawn and doe heads and hides. The Indians, with their booty, were conveyed forthwith to Meeker, in Rio Blanco County, and brought before a justice of the peace. A jury was called and evidence presented which would convict in any other court in the land, but, for rea- sons which at that time I did not understand, they were found not guilty.... It seems that the citizens, almost to a man, are opposed to these annual raids, but, as it is taken for granted that they will continue, and that, as heretofore, no successful measures will be taken to prevent them entirely, they are not inclined to incur the enmity of the Indians. Many of the citizens have cattle and other property in the localities wherethe Indians hunt and have frequent occasion to go therein person... . This year [1902] upon learning that the Indians were again making their appear- ance I decided to visit their camps in person, with the view of persuading them to go back peacefully. I encountered a number of them at Gillen Draw, in Rio Blanco County, at about 10 o’clock in the forenoon of October 6. After they had learned my business with them they agreed to go back to the reservation. It seems, how- ever, that instead of returning, they found another band in the vicinity and imme- diately followed my trail. Upon sight of me they began firing. I was shot in the left side, the bullet shattering a portion of the seventh rib. While the wound was painful, it was not serious, and I was still able to cling on my horse. Their fire was returned by me, but with what result Ido not know. Later my horse was shot from under me, and I was compelled to seek shelter in the brush. The loss of blood from the wound began to tell upon my strength by this time, and I was forced to liedown. At daylight I made my way back to Rangely, and, after attending to my — i wound, asked for volunteers to go with me to the scene of the encounter for the pur- pose of getting my saddle and bridle. Some of the citizens of Rangely informed me that they ‘had lost no Indians,’ and I found only one man . . . who was willing to go with me. After securing the saddle and bridle, we learned from a number of cowboys whom we met that the Indians were on their way back to the reservation. The history of this department during the past few years satisfies me that the commissioner is not able to cope with these Indian depredations with the force at. his command. While the law intends that in such cases the commissioner may | we se ok ee ee Pi PR eee ME a NI eae PEN a Gr ape te lee Rs ee Re Gy Ee ate een th 5 a v8 ee mit ‘ EXTRADITION. : Oe mand the aid of the sheriff of the county, and may call to his assistance a suffi- cient number of persons to enforce the law, my experience convinces me that this mode of procedure is not satisfactory, and I would earnestly urge that the legisla- ture make such provision in the way of an available appropriation as to enable the commissioner, with the consent of the governor, to place a force of at least twenty ardens in that locality when necessary @ (p. 10). ARREST OF TRESPASSERS BY LANDOWNER. By an act passed in Connecticut in 1903 (chap. 199), authority is ven the owner, occupant, or person in charge of land, or such per- yns as he may command to assist him, to arrest any person entering upon his premises for the purpose of hunting, trapping, fishing, or _ destroying nests and eggs of birds; and to take such trespasser forth- pith before some proper WiihOcity who shall, upon complaint of the | proper prosecuting officer, proceed to try site person. The posses- ‘sion by a trespasser of gun, dog, ferret, or fish rod is made prima facie evidence of his intention to hunt or an onthe land. The person — arresting such trespasser is entitled to the fees usually allowed consta- bles for similar service. a EXTRADITION. _ Under the constitution of the United States a person charged in any ‘State with treason, felony, or other crime who shall flee from justice q shall, on demand of the executive authority of the State from which he fled, be delivered up to be removed to the State having jurisdiction g the crime. (Art. 4, sec. 2.) To carry this provision into effect, Congress has passed an act providing substan- tially that whenever the executive of any State shall demand any person, as a fugi- tive from justice, of the executive authority of another State to which such person : pel have fled, and shall, moreover, produce the copy of an indictment found, or an affidavit made before a magistrate of the demanding State, charging the person so demanded with having committed treason, felony, or other crime, certified as authen- § c by the governor or chief magistrate of the demanding State, it shall be the duty of pune executive authority of the State on which the demand is made to cause him or her to be arrested and secured, and [to give] notice of the arrest to the executive authority ‘ m making such demand, or to the agent of such authority appointed to receive the fugi- tive, and to cause the fugitive to be delivered to such agent when he shall appear. But if no such agent shall appear within six months from the time of the arrest, the t prisoner may be discharged. (Clark’s Criminal Procedure, p. 62.) See also Rey. pet, U. S., see. 5278. Cases of extradition under the game laws are comparatively rare, - bssibly because the violations of such laws are usually merely misde- _ meanors, and because, until recently, of the laxity in enforcement. In late years, however, several cases have occurred in which extradition proceedings were necessary to bring to justice residents of New York _ @8ee also an account by D. ©. Beaman of a previous raid in Routt County in Octo- er, 1897, entitled ‘The Colorado Game Wardens and the Ute Indians,’ in Forest and Stream, L, p. 27, January 8, 1898. 59 GAME COMMISSIONS AND WARDENS. who hunted in Pennsylvania and residents of Pennsylvania who hunted in West Virginia. In 1904 a sportsman from Homestead, Pa., who had been indicted for hunting squirrels out of season in West Virginia, was arrested and taken under extradition papers to Morgantown, W. Va., where he was fined $25 and costs for hunting without a non- resident license. He was required also to deposit $110 as a guaranty of his appearance at the next term of court to answer the indictment. In 1904 Robert and George L. Parkins, of Lucyville, Washington County, Pa., hunted in Monongalia County, W. Va., without secur- ing nonresident licenses. On returning home they took with them several pheasants (ruffed grouse) and one quail, which they had killed out of season. In September, 1905, they visited the county again, but left upon learning that inquiries had been made regarding their actions. A requisition was obtained from the governor of West Virginia and duly honored by the governor of Pennsylvania. The men were then promptly arrested at Lucyville, taken to West Virginia, and upon conviction paid fines of $312 each.? | In September, 1905, the grand jury at Morgantown, W. Va., found three indictments against John H. Malloy and Dr. Walter Downey, of McKeesport, Pa., for killing five yellowhammers and crippling one, and for having the birds in possession. é Oey pi Ass \ \; t U ‘AVON ? “INVYUUVAA LNOHLIM HOYVAS O.L SNIGUYVM AZIMOHLNY HOIHM (GA1NY) SALVLS See ae oF ays jis Vee ae Pee ce oe he 1 : ie cat SEIZURE. 5D States only Louisiana is included and of the Eastern only Maine, Con- e necticut, New Jersey, New York, and Pennsylvania. Arkansas has a provision permitting common carriers to open and examine any pack- age delivered to them for transportation out of the State that they suspect contains game, and the Texas game law of 1907 contains a _ similar provision, as follows: 4 That such express company, or other common carrier, or its agents, servants or _ employes shall have the privilege of examining any suspected package for the pur- pose of determining whether such package contains any of the articles mentioned _ herein [all game]. (House Bill No. 345, sec. 10.) Ohio does not vest her officers with power to search without war- _ rant, but provides that in case of refusal of the owner or person in - eharge of any package, box, coat, clothing, or other receptacle to _ permit a warden or officer to inspect them, such officer may procure a - search warrant to do so from any competent court. Penalizing the refusal of any person to permit an inspection of his place or recep- _ tacles, the interposition of or hindrance or interference with such search, - accomplishes much the same result as direct authorization of search _ with or without warrant. Such provisions are as follows: Kansas.—Persons engaged in trade of meat, fish, and game are required, under _ penalty of $10-$50, to permit an inspection ol their places of business by a warden. q Minnesota.—Any person in possession or control or in charge of any hotel, restaur- ant, storage plant, or house commonly used in storing meat, game, or fish for private _ parties refusing or failing to permit any member of the game commission or its war- _ dens to enter such place or receptacle therein for the purpose of making an inspec- _ tion thereof is punishable by a fine of $50-$100 or imprisonment for 30-90 days. _ -West Virginia.—Any person who hinders, obstructs, or interferes with a game _ warden in the discharge of any of his duties (among which is the duty to search for _ evidence of the violation of law) is punishable by a fine of $10—-$50, and in default _ of payment shall be imprisoned until it is paid, but not exceeding 30 days. Michigan, Oregon, and West Virginia, render evasions of their laws _ still more difficult or more certain of detection by making hindrance or obstruction to officers in their search for evidence or fruits of violations, prima facie evidence of violation of law. The Michigan provision is as follows: __ And any hindrance or interference, or attempt at hindrance or interference, with such search and examination shail be prima facie evidence of a violation of the law _by the party or parties who hinder or interfere with such search and examination. _ Details of the right to search without warrant are given in the table on pages 46-49. SEIZURE. SEIZURE OF GAME. _ Complementary to the right of search and only another step in that process is the right to seize game or the implements with which it has been unlawfully taken. Before the warden undertakes to exercise 2 4358—No. 283—07——5 ee eS er ~~. ae | a > a wr tT <7- es oe a . a oe ee ees Lac b- sid =. pe a = =x 73 ee Coe ee oe a oO a ‘ 56 GAME COMMISSIONS AND WARDENS. Bean power of seizure he should be certain that he has the statutory right to doso. Such right, however, has been bestowed upon officers by — the game laws of nearly all the States. Usually game alone may be — seized, but a few of the States provide for seizure of guns, ammuni- | tion, and any contrivance with which game has been illegally killed or taken. In the table on pages 46-49 will be found a list of the States — permitting seizure without warrant. (See also Pl. VI.) This power is exercised also in a few States not mentioned, and is doubtless” 4 justified under the language and context of the game acts of those — States. The objects of seizure may be several, but the most usual are pre- venting consummation of an illegal transit, sale, or other disposition — and securing evidence of a violation of the game law. Under this authority some very large seizures have been made; thus in the prose- _ cution of Robert Poole and William Kerr in Minnesota (State v. Poole, 100 N. W., 647) 2,498 ducks were seized. DISPOSITION OF SEIZED GAME. Twenty-eight States and one Territory prescribe what shall be done with game which has been seized and what disposition shall be made of — the proceeds when itis sold. (See Pl. VII.) The details of these pro- — visions are shown in the following statement: Colorado.—Sold. Proceeds paid into State game fund if seizure and ~ sale is made by a warden; if by a sheriff or constable, one-half to State — game fund and one-half to county. Lilinois.—Sold. After payment of costs, one-half proceedsto warden — making complaint and one-half to State game fund. lowa.—Sold. Proceeds, less expenses, paid to county school fund. Louisvana.—Confiscated. Apparently disposed of as court may direct. fund. one-half to county school fund. Michigan.—Disposed of as court may direct. Minnesota.—Sold. Proceeds paid to State game protection fund. Missourt.—Donated to some charitable institution. Mississippi.—Confiscated. Apparently disposed of as court may a direct. Montana.—Sold. Proceeds paid to State fish and game fund. Nebraska.—Donated to some charitable institution. New Hampshire.—Sold. Proceeds paid to game detective fund. New Jersey.—Disposed of as court may direct. North Carolina.—Sold. Proceeds paid to bird and game fund. North Dakota.—Sold. Two-thirds of the proceeds paid to warden 4 making seizure and sale and one-third to district game warden. Maine.—Sold. Proceeds, less expenses of sale, paid into State game Maryland.—Sold. After payment of costs, one-half to warden and q uy 7-2 eee as te -e=-. fons ee ‘ \ \\ \ m~\\i 2 SANS \Y + 5 b “ a \ i = Srp oe & eying ieee 4 é Q fe) Seetee we f > ' D 1 @ & , 3 ox ‘ _ = - \\z < m \\ = \\ eS \\ ! a > ' wii ee ar d---°" 4 b | ie a ih en Beta eC eA UT iy Td kali ai SUNN RO Maier nO 4, Tay yA) ; ne Y DISPOSITION OF SEIZED GAME. 57 _ Ohio.—‘ Escheats to State.’ Apparently disposed of as court may direct. — Oklahoma.—Disposed of as court may direct. Oregon.—Disposed of as court may direct. Pennsylvania.— Game sent to nearest Heaps nongame birds, after use as evidence, destroyed. South Carolina.—Sold. Proceeds paid to State game fund. a South Dakota.—Sold. Proceeds paid to county game fund. -_Tennessee.—Contiscated. _ Texas.—Disposed of as court may direct. Utah.—Sold. Proceeds paid to county treasury. _ Vermont.—Used as evidence. Apparently disposed of as ane may direct. -Virginia.—Disposed of as court may direct. West Virginia.—Disposed of as court may direct; if sold, proceeds _ paid to State treasury. _ Wisconsin.—Sold. Proceeds paid to State treasury and credited to _ hunting license fund. _ Wyoming.—Sold. Proceeds paid to State game fund. From the foregoing it will be seen that in Colorado, Illinois, Maine, _ Maryland, Minnesota, Montana, North Carolina, North Dakota, South - Carolina, South Dakota, and Wyoming the proceeds arising from the sale of confiscated game are used either wholly or in part for game protection. In Michigan, New Jersey, Oklahoma, Oregon, Texas, _ Virginia, and West Virginia, and apparently in Louisiana, Mississippi, - Ohio, and Vermont, confiscated game is disposed of as the court may - direct, while in Missouri, Nebraska, and Pennsylvania, and in Wisconsin in case sale is prohibited, it is donated to some charitable institution. _ Prior to 1905 a similar provision was contained in the law of Min- nesota, but it was found that these institutions did not properly appreciate the privilege, and upon the recommendation of the board _ of game and fish commissioners the legislature of that year directed _ that all confiscated game should be sold and the proceeds paid into the game protection fund. The laws of Illinois, Maryland, Montana, North Carolina, South _ Carolina, and North Dakota direct the officer selling confiscated game _ to issue to the purchaser a certificate of lawful purchase and provide pt thereafter he may deal with such game as if it had been acquired _ in the State according to law. The right of the State to direct the sale of contiscated birds and con- vey a legal title to the purchaser, who under ordinary circumstances _ would be debarred by law from lawful possession of such birds, was questioned in the case of Meul v. People (Ill.), reported in 64 N. E., 1106, and there sustained. CO OE LE at ee, GE a ee ne ee Z tvs ; es Be 58 GAME COMMISSIONS AND WARDENS. As seizure of game or arrest of a violator of the game law is likely to occur in remote sections of the State, where it is difficult or impos- sible to secure ordinary means of conveyance, the laws of Colorado and Nebraska permit the officer making the seizure or arrest to use for transportation any available vehicle. Colorado provides that— Where game or fish, while being transported, is seized under this act the officer making such seizure shall have authority, upon payment of reasonable compensation therefor, to also take possession of and use any animals and vehicles used in such transportation for the purpose of conveying the game or fish seized to a convenient railroad station or place of safe keeping or sale, and also for conveying any person arrested for the unlawful possession of such game or fish to a place of hearing or trial, and no liability shall attach to such officer by reason thereof; but this section shall not apply to any animal or vehicle while being used as a public conveyance for pas- sengers or mails, or to any railroad car. (Laws of 1899, chap. 98, sec. 12.) _The Nebraska provision is practically identical. SEIZURE OF ILLEGAL APPLIANCES. A number of States denounce certain methods and means of hunting — game, and, asa rule, provide that the use of proscribed appliances shall forfeit them to the State and that they shall be destroyed. To facili- tate and legalize such destruction these articles are usually declared to be public nuisances and liable to summary abatement when found in use for capture of game or fish. The Supreme Court of the United States has mphieldl a provision in the New York law authorizing the summary destruction of fish nets illegally used. In Lawton vw. Steele, this court declared: ‘* Where the property is of trifling value, and its destruction is necessary to effect the object of the statute, we think it is within the power of the legis- lature to order its summary abatement.” (152 U. 8., 133.) In Minnesota guns used in violation of law are frequently seized and, until a few years ago, were sometimes confiscated. The report of the board of fish and game commissioners shows a seizure of more than 60 guns during the period from March 1, 1900, to December 1, 1902. Some of these were retained and sold by the commissioners, while the rest were returned to the owners after investigation. The right to confiscate guns, however, was withdrawn under the act of 1905. In Nebraska a provision in the law of 1901 authorizing confis- cation of guns was declared unconstitutional by the supreme court of the State in the case of McConnell v. McKillip (99 N. W., 505). In South Dakota guns and dogs used in killing game contrary to law may be seized and sold, the proceeds to be paid into the county game fund; in Maine guns of unlicensed aliens who are found hunting may be seized and sold; and in Ohio guns and boats may be seized when used illegally and upon due adjudication by a competent court turned over to the commissioners of fisheries and game to be sold and the proceeds placed in the State treasury to the credit of a fund to be used by the PLATE VII. Bull. 28, Biological Survey, U. S. Dept. of Agriculture. aoe ie lad AN SH Ssh prt tes c| eee \ fee? ae me a ee ee om ee tw SeeiSa mn aoa ne ore d eran or “Pesesse {0 x ‘oe aA 4 fecseor®® 1 eotwresl i ¢ j <9. 9 R95 @ 6 Ce See bee = wee -— oo ee Git ae Sashes Biers eves a I IE IRN RCL) (cores epee uss tenis Sia erapaywlalhae ee pis Peseta: Ul adbe nite eel rr baal = ommweue @& eee wee BPeoes wu °° PMB ee mero marr e se eeeene Cecereecvee ee etmerX sao rtFe ee e* ee vee teosenvorveh, gan ??® em Sa ane e Moen seeesesraneseoe reves gnneerr® DISPOSITION OF SEIZED GAME. hich direct that seized game be sold; crossed areas States which direct that it be given toe haritable institutions; dotted areas Ma Migs ie Ree ee areas show States whic : nae . mes | which leave its disposition to courts, etc.; blank areas States which make no set SS ER ee = Pe EG Se a a TR ee Pe ee eer Pee eee ; ss SEIZURE OF ILLEGAL APPLIANCES. 59 Biviccioners for the purposes of game protection. Wisconsin declares the following public nuisances: Nets spread upon or under any waters of the State which might ensnare wild fowl; any trap, ‘snare, spring gun, set gun, or device which might entrap or kill any protected game or birds; boats, lamps, and lights used in unlaw- ful pursuit of game; any pivot or swivel gun or any firearm not habit- ually held at arm’s length and discharged from the shoulder when in unlawful use; any boat, floating raft, box, or blind set in open water or outside a natural growth of grass sufficiently high to conceal the game or an artificial blind set in open water for the unlawful pursuit and hunting of ducks, geese, and brant; decoys set in close season for - waterfowl or more than 200 feet caoed cover. And the statute also _ Provides that— _ The unlawtul use of any of the articles mentioned in this section, contrary to the q Bevicione of law, shall forfeit the same to the State, and upon their being found under any of the conditions which shall render them public nuisances as specified _ herein they may be immediately destroyed. In Pennsylvania all officers charged with the duty of protecting game have the power to seize guns and shooting paraphernalia belong- ing to nonresidents and unnaturalized foreign-born residents hunting without license, and to hold them subject to payment of the fine and costs. At the expiration of five days, if the fine still remains 4 “unpaid, they are authorized to advertise them for sale and sell them ten days after such date and apply the proceeds to payment of costs and penalty. If there be an amount in excess of these charges it is returned to the owner of the property. Itis customary in some states to add a provision in the law exempting officers from liability for searches and seizures, even for wrongful seizures. Thus, Illinois pro- prides i in the game law of 1903: - Sec. 24. The State game commissioner, game wardens and deputy wardens shall not be liable for any damage or costs sustained by any persons or corporations by reason, of the wrongful seizure of game, deer, wild fowl, or birds under this act. By: a SS ee a ee ea a ee oe ee — ae _—. PROSECUTIONS. WHO MAY PROSECUTE. Ordinarily anv person may institute a prosecution for the violation of the game laws without the consent or sanction of an officer. In Illinois and Nebraska it is specifically provided in the game law that prosecutions may be brought by any person in the name of the State, but in New Jersey proceedings for recovery of penalties under the game laws can be brought only by the fish and game protector, or a fish and game warden, police officer, constable, or member of an incor- porated fish and game protective association. In New York actions for penalties under the game laws must be brought on the order of the forest, fish, and game commissioner, except that private persons, upon giving security for costs, and societies or corporations may recover penalties in their or its own name if notice of the institution of such action be given the commissioner or chief game protector within fif- teen days after service of the summons. In Ohio prosecutions by wardens or police officers for offenses not committed in their presence can be instituted only upon the approval of the prosecuting attorney or under direction of the attorney-general. Oregon and Tennessee declare that prosecutions for violation of certain provisions of their game laws must be brought on the order of the State warden. Whether this excludes others from instituting prosecutions or not is uncertain. In Michigan, Oklahoma, Texas, West Virginia, and Wisconsin the State game wardens may make complaint and cause proceedings to be commenced without the sanction of the prosecuting attorney and they need not furnish security for costs. They are authorized to appear in any court in any case and prosecute it in the same manner and with the same authority as the prosecuting attorney. ATTORNEYS. In some States no general provision has been made for an attorney to prosecute offenders in the inferior courts, and in such cases unless an attorney voluntarily tenders his services or is employed by the war- | den or private parties the justice or magistrate before whom the case is pending must conduct the State’s prosecution. This often results | in a miscarriage of justice and offenders escape the punishment pre- scribed by statute. To meet this difficulty Colorado, Idaho, Illinois, | Minnesota, Maine, Montana, Nebraska, Oregon, and a few other 4 States have inserted in their game laws a provision requiring the — 60 ‘ mf, sad] f Re if ” oq i fy re PETER RSE ce MEST ey ee AR ce ore Oe! a es ae et ea fai he =! : i ; My : etn 4 9 ier 7 \a by ie GE ‘ * Cor lic hae aati 4 ¢ q | MODE OF ACCUSATION. | 61 osecuting’ attorneys to conduct game cases for the State. In some of these States the prosecuting attorneys are required to institute the prosecution whenever they receive information or have personal knowl- edge of the offense. The Kansas game law authorizes the magistrate having proper jurisdiction to employ an attorney to conduct the prose- cution, upon neglect or refusal of the proper prosecuting officer to do 0, and directs that such attorney shall receive a fee of $10, to be taxed as costs against every convicted defendant. _ The game commissions and State wardens very generally have regu- larly employed attorneys, even in the absence of special authorization, as only a few States make provision for such officers. The Minnesota commission is empowered to employ an attorney or attorneys to per- form such legal services as may be required, and such attorney is ‘required to appear for the commission in any civil action in which it or its wardens may be officially interested, and he may assist the county attorney in all criminal prosecutions, or, when for any reason the county attorney does not act, may conduct the prosecution with the same authority as that officer. His compensation is paid from the funds provided for enforcement of the act. The forest, fish, and game com- ‘missioner of New York is authorized by the game act to employ neces- ‘sary counsel in his office and to appoint an attorney to represent the department in the prosecution or defense of any proceeding brought under the game law. The compensation of these officers is paid from the general treasury. The law of Wyoming also authorizes the State game warden, when he deems it necessary, to employ an attorney, whose compensation is to be paid from the State game fund, to prose- cute violators of the game laws. t a MODE OF ACCUSATION. _ An indictment is a written accusation presented by a grand jury to a competent court, charging a person with the commission of a crime. A n information is a written statement, usually under oath, by a prose- cuting attorney on behalf of the State, charging a person with the commission of a crime. A complaint or affidavit (for the purposes of a prosecution) is a statement under oath, made by any person, charg- ing another with the commission of a crime. _ These are the modes of accusation in use in criminal law, though, as elsewhere stated in this bulletin, a few of the States enforce their game laws or certain features of them by a proceeding in the nature of a civil suit for the recovery of penalties. _ Which one of the modes is appropriate in any particular case depends upon statutory regulation and the character of the offense, and both of these differ widely in the several States. Indictment lies Tor offenses of the graver sort, those punishable with imprisonment in 62 GAME COMMISSIONS AND WARDENS. the State prison or for long terms in a county jail, and is the mode — most frequently adopted in cases cognizable by courts of general — jurisdiction and in the Federal courts. 3 At common law an information was allowed only i in cases of misde- meanor, but in the United States the practice is not uniform, and the constitution and statutes of each State must be consulted to determine where and under what circumstances and in what prosecutions it lies. In many States and instances indictment and information are concur- rent remedies, and either mode may be pursued. Where such is the case, information seems to be the most expeditious and satisfactory remedy. But this latter, like an indictment, is usually confined to prosecutions of which the superior courts entertain jurisdiction. Complaints and affidavits are the usual modes of procedure before justices of the peace and other inferior courts exercising limited juris- diction. As offenses against the game laws are ordinarily misde- meanors and triable by such courts this mode of accusation is the one most commonly employed. The maximum fine and term of imprisonment prescribed for a vio- lation of the game law ordinarily determine what court has jurisdic- tion of the offense, and consequently what mode of accusation is — appropriate. 4 STATUTES OF LIMITATION. At common law a person committing a crime can be punished at any time, no matter how great the period intervening between the commission of the offense and his apprehension. But it is the policy in this country to set at rest criminal charges after the lapse of a specified time. With the apparent exceptions of South Carolina and Wyoming, every State has assigned a time within which a criminal action must be commenced; otherwise the defendant can not be legally convicted. The statute usually begins to run from the commission or consummation of the offense, but in a few States it runs from the time ~ of discovery of the crime. A general statute ordinarily controls this subject, but the limitation is specifically prescribed by the game law _ in Illinois, Michigan (certain offenses), Minnesota, Pennsylvania (cer- tain offenses), Rhode Island (certain offenses), and South Dakota (offenses — concerning small game). A comparison of such limitations shows the — average time to be one year. California, Colorado, Montana, and | Wyoming make violation of certain provisions of their game laws, | felonies, and in the first three States this has an important bearing | upon the limitation of the prosecution. Felonies in California and | Colorado may be prosecuted within three years, and in Montana within | five, whereas in California and Montana mere misdemeanors are barred — ier one year and in Colorado, after a year and a half. The offenses : : which are declared felonies by the game laws in these States are as_ ae. | 48 Oe Ge ol vr PS eee ae ee te A ew ES oak eae eS ae at hae te ie ee IE Sc ate 2 Seth eee oy ieee 0 STATUTES OF LIMETATION. 63 lows: California, killing elk; Colorado, killing buffalo; Montana, shooting or killing moose, caribou, or buffalo at any time or deer, antelope, elk, goat, or dees in Je season, exceeding the bag ina n these animals, and hunting without license by nonresidents; Wyom- ing, killing or catching buffalo, or removing them from the State, and killing, capturing, or destroying big game solely for their heads, antlers, horns, or tusks. 3 It frequently happens that persons who violate the criminal laws leave the State immediately or before the expiration of the time within hich the prosecution must ordinarily be commenced. If no excep- tion to the running of the statute were made to meet such cases - offenders might return to the State in security after the usual limit of time had expired. To avoid this contingency, it is now very gener- ally, if not universally, provided that the time of absence of the defendant from the State shall not be counted as part of the period of mitation. The laws of some States contain other exceptions also, as when the defendant conceals himself, is a nonresident, or practices some fraud upon the officers of the law. _ The following table is intended to present in compact form the > periods of limitation applicable to prosecutions and actions for viola- _ tions of the game laws: Time within which Criminal Prosecutions and Civil Actions for Violation of Game Laws must be commenced. State. Criminal prosecution. Civil action. Pee racic ow Siti 1 year in the circuit, county, or city courts. 60 days before justice of the peace... = Ab OG eee ae oes er Py WGRUS Cpe ea Pees cept ea ee ey ORMINS 9.55 FNS ans e's VC AMS. (FOLOMY) Stk ool static dere setae eves ‘| 1 year (misdemeanor) ...........-..-. me MEL LN ok 3 years (felony)..........-.-.-..----.-| 6 years for possession or value of game. = See 6 months .................-..----.----| 2 years, action of debt for recovery of penalty under license section. eat ie chidch 2 af SEV ROER ers. Sect d os kee Peon 2b 3 lyear before justice of the peace (fine not exceeding $100 or im- prisonment 30 days). 3.5 See ee ee Peveareey. gstet ieee ee eee dees. fe TURICIEY:. Sic 2. so eels oe MSV GEIers fee hee cares Aewienjanee ee cee Li) ae a AGY CPi FEEL Serge Vice 22k) se Spas art Beets = a's so.xaye a's OWES OES See Sane taco oe toate al) ae Test 1k] ge eae Mee aa es Seat 25204 slg. EL ees Ss shes aehusetts: 1.225... . (TNE TEETG AS ae a ern ger geen ne et DAL ay Me agor ee ceak GRVCRESS rss dosk Fess) sa Sey 2S. 1 year for violations of secs. 5804-5809, Comp. Laws of 1897.0 VU GLI ee ee DIM OAES Sem oe an eer eros Meee sso SE Under Federal statutes. ort eal possession or capture for export of fish or game, and sale of quail, partridge or wood- ck, 64 GAME COMMISSIONS AND WARDENS. Time within which Criminal Prosecutions and Civil Actions for Violation of Comen aws must be commenced—Continued. 2 State. Criminal prosecution. Civil action. MAISSISSIPpP! J. 564522552 RV CATS eek 5 tee vasa koe es - ete a eee WINONA G= tes cat ci eos BC (e7h Re an Ree ee Soo DoS MOMtHND: = 2! Uc... seks HsyeaTs:(Telony) 22-22 - seo aes ace 2 years. 1 year (misdemeanor)-.-..-.....-------- Nepraskar 20.2. 5.5 las UZSVCRTS cee ee eee c ot conse anee eae 1 year, action for recovery of penalty imposed upoh common carriers : illegally transporting game. 1 year (fine not exceeding $100 or im- prisonment 3 months). INewad Aree as: Soe ccnce= oe PVGAT CS SoG. Soce ode eee See New Hampshire .....-. GiYEATS!-2S.2 . tess ee eee ae eee 1 year (fine not exceeding $100 or imprisonment 6 months). New Jersey .........--- DiS CARS. O95 eso ae gee is Se eee eas 2 years. New Mexico ..........- OWeaTs, 32.26 Lise ECE ee eee LEC Gee ee BW Ce eee is eae eee 1 year where whole or part of penalty — is allowed person prosecuting for — same, 2 years, by the State. - North Carolina ........ PYVeCaISc! . IES. Ga te a ee .¥ North-Dakota.. 2:2... 2 VCATS: 2.228 a. Saeko ee oe eee COST G (nk 5 At eee ie a SVEarss. Lea sae Ee Se eee ee Oklahoma: soo ec SV CRIS so o15 ce his js ee eh ee OTeROM2 2s soft Ste ztec8 Se 2 VCRs 223-555 ee! Se eae eee RenmnisVva Vania secs. -c Wear 2. uo aise Sopa eee Rhode Island .......... 2 vears (fine to the State) --...--....-- 1 year (fine or any part to prosecu- tor). 90 days, for violations, as to birds...- a South Dakota ........-- 1 year smail game 422... EES: SV ears big SAM Css. qm eee eee TienNESSGE 5, os hat. Sas: Dyears sii Fito eee Sea CRAG Poe ates ke Sas 2 WCATS 2.5..se2 She ss oxte hoae eee eee ROL eUn ese aes bak SVCAIS ah. cok etek e Soe ee ae 2 years, before a justice of the peace IMECMOM Yeon cc Soke ences 3) VOalS wet. eS eee Wireiniaes: =: 222-5225 Lvear Sse 2 a eee Washine tonic. o-o--: TWear =.2.2. 3 See eee eee Wiest Virsinig: 2.52.22 Lyear sicnetete oe eee eee WHAISCONSIN = sen ees lle BO VCATS =. hits 2c See eee eee 2 years. SEPARATE OFFENSES. The practice of making a violation of law, as to each individual © animal or bird or each unlawful act or omission, a separate offense, — and punishable as such, is so general at the present day that scarcely a State fails to include it in some part of its game law. The provision — has much to commend it, especially where the policy of the State is to inflict small fines or short terms of imprisonment. Under the laws — of North and South Caroiina each day that a nonresident hunts with- out a license is declared a separate offense. | The New York scheme of penalizing the offense and adding a penalty. for each bird or quadruped constituting the subject of the violation is the same in effect and so is the scheme adopted by several States of © affixing a stated fine for each bird or animal in respect to which the offense was committed, however the procedure in the three cases may differ as to the number of complaints or indictments. In the first case as many prosecutions may be instituted as there are individual birds or animals involved in the violation, and this has reference rather to pro- cedure, while in the last two cases only one indictment or action lies, SPECIAL EVIDENCE. - 65 however many the individual birds or animals involved in the viola- tion, and this has reference more to the degree of punishment to be - inflicted. These schemes of punishment have not escaped attack in the courts upon alleged constitutional grounds, but it may safely be asserted that there is no longer any doubt that the provisions are valid and constitutional. In September, 1903, one Poole, of Jackson County, Minn., had in his possession for purposes of sale 2,000 wild ducks, in violation of the game law of that State. He was indicted, tried, and convicted under that section of the game law which eee that any person having in his possession with intent to sell any wild duck should be punished by a fine of not less than $10 or more than $25, or by See seonment for not less than 10 or more than 30 days, for each and _ every duck so possessed. The court imposed a fine of $20,000 upon - Poole, with the alternative that he be imprisoned until the fine was paid, batt not longer than 200 days. From this sentence Poole appealed _ to the supreme court of the State, urging among other grounds for ~ reversal of the judgment that the statute was unconstitutional, because it was in violation of that part of the State constitution which pro- hibited the infliction of excessive fines or cruel and unusual punish- ments. The defendant’s contention was overruled and the sentence of the lower court affirmed. In disposing of the case“ Chief Justice _ Start, who wrote the opinion, remarks: Ifthe penalty were not graduated, so that the greater the offense the greater the _ punishment, the statute would invite its own defeat. It would be absurd to punish _ the unlawful possession of 2,000 or more birds on the basis of one. * * * So, in _ its last analysis, the fines imposed in this case are seemingly excessive, not by reason of the statute but by reason of the magnitude of the offense. * * * The fault is _ theirs, not that of the statute. _ Ina few States, where each bird or animal is made the subject of a separate offense, in order to obviate the necessity of filing a separate indictment or complaint for each one, it is provided that two or more _ offenses may be charged in the same complaint, information, or indict- “ment; and it is further provided in Alabama, Colorado, and Nebraska | _ that 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 or bird. SPECIAL EVIDENCE. The defendant having been arraigned—that is, required to state Ewhether or not he is guilty of the charges alleged in the affidavit, ; complaint, information, or indictment, as the case may be—and answer- ing not guilty, it eds es upon the prosecution to prove the charges by aState v. Poole, 100 N. W., 647. 66 GAME COMMISSIONS AND WARDENS. the production of evidence. Experience has shown the impossibility or extreme difficulty of proving the details of some crimes by direct evidence; hence the provision so frequently found in criminal statutes declaring that certain facts or conditions connected with the subject of the statute shall be prima facie evidence of certain acts that are unlawful or of a violation of law. The effect of the provision is to cast upon the defendant the burden of proving that he is not guilty of the acts charged against him. A review of the game laws of all the States demonstrates how extensively this provision has been adopted. Were it not so, many violations would remain unpunished. The pro- vision is often inserted in a statute which grants to the person some privilege in derogation of the policy of the State, where it serves as a safeguard against the abuse of such privilege and relieves the State of the burden of proving that the act done or suffered does not come within the privilege. Thus, in South Carolina, while the sale of domes- tic quail is prohibited, imported quail may be sold; but possession or sale of such imported birds is prima facie evidence of violation of law, and the statute casts upon the person handling quail the burden of proving that they were imported. (Acts of 1906, No. 53, sec. 1.) The numerous and diverse acts and conditions which have been declared prima facie evidence of violation of the game laws are shown in the following table: What constitutes Prima Facie Evidence of Violation of the Game Laws. Prima facie (or presumptive*) State. Facts. evidence that— PRN ADAIIA = ccs et ean i'c.0 5 Possession of artificial light while hunt- | Possessor used it in hunting deer. ing. PATIZOMA oie ne ee ciee Possession of game which does not show | Possessor so took it. evidence of having been taken other- wise than by net, snare, trap, or pound. CalifOrmig:j-)jcijec -ceicck - Possession of game which does not show | Possessor so took it. evidence of having been taken other- wise than by net, pound, cage, trap, set line, wire, or poisonous substance. Oolorado:..sssuets chess Possession of game unaccompanied by proper and valid license, certificate, permit, or invoice. Mention of game on menu of hotel, res- taurant, café, or boarding house. Possession of game in the field........... Pamphlet of game laws and regulations, published by the State game and fish It was unlawfully taken and is unlawfully held. The proprietor hasit in possession. Possessor is or has been engaged within a year in hunting it. That such laws, rules, and regula- tions are in force in the State. commissioner. Connecticut ........... Possession of quail, partridge, and wood- | They were illegally taken by cock in close season. possessor. Reception by person or common carrier | They were killed in the State for of quail, grouse, or partridge, and purpose of export. woodecock for shipment in unmarked package or addressed to a point out of the State. Possession by trespasser of gun, dog, fer- | Possessor intends to hunt or fish ret, or fish rod. on the land. Delaware .............. Possession of wild fowl by person who | They were killed by such person has, at the same time, a swivel or punt with such illegal devices, and. gun, or is on the water at night with of unlawful hunting. ‘ artificial light. GeOTEI 6.015505... 225. Possession of game or eggs of protected | Law has been violated. birds when arrest made for violation of law. * Presumptive evidence. State. Facts. Sale, exposure for sale, or possession for sale of squirrel, quail, ruffed grouse, prairie chicken, woodcock, dove, snipe, plover, and waterfowl after the first 5 days of close season or during first 2 days of open season. Possession of foregoing game by com- mon carrier for transit through the State from without during close season. Possession of game during close season, except first 5 days thereof. Possession of game or nongame birds by any person or corporation except one who has lawfully killed same, or of Hungarian partridge, English, Mon- golian, or Chinese pheasant in close term. Vossession of firearms at night in vicin- ity of ducking grounds in Merry-meet- ing Bay or on Kennebec River south of Randolph and Gardiner bridge. Possession of firearms by unlicensed alien on wild Jands or in woods. Transportation of moose and deer con- trary to law. Proof that person charged with hunting game birds at night was at or about the place where the shot was fired, and that he had a gun in his posses- | sion before, at the time of, or after such, shooting. Possession, sale, or disposition of big | or swivel gun. a =| ™ ~ a ween ee eee = - eee eee,) | Possession of quail during scason when killing and sale are prohibited, except under storace permit. Possession of prairie chicken and sharp- | tailed grouse. Possession of wood duck ..........--.----- Constructing or setting a trap, snare, or net adapted to taking or killing game birds, hares, or rabbits upon premises frequented by them. Possession of a ferret in place where rab- bits or hares and game birds might be taken or killed. | Possession of deer killed in Massachusetts. Hindering or interfering with State warden and deputies in their search of persons or places for illicit game. , Possession of deer in red coat and fawn in spotted coat. Wearing or possession of artificial light in the woods. Proof of possession of dead body, carcass, or skin, or any part thereof, of game in close season. Possession or control of game Whenever it is proven that game was killed outside of Michigan. Sosa te ese as Possession or control of game........---. Possession of game in close season unac- companied by tag of the commission. Wearing artificial light on the head ..... Possession of dead bodies or partsof game. Possession of gun in fields or forests or on or about the waters of the State by unlicensed nonresident. Possession of game and song birds un- accompanied by proper and valid MeAISSOUTI. 02) .20.4.2.25-- PPMOMtANA, .....-......... constitutes Prima Facie Evidence of Violation of the Game Laws—Continued. 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GZh [777-7 7-772 ===" a BdUp OT |--7------ OGg 01 ozs |- Toe. a DEABD AQT OSS 07 Oz nee eee ae “SBD 08 01 G |7-"-"""* DOTS 02 OTS |---- 77777777 "SLE Qez 07 G 5 008s OF 1G. 77777 7848p 0gz 07 g | ee ee egy Ohh ei ecace San RO ahs of coe ee nla yg. eee Se, LONE OU ee ee ee odo gis | | (Curur) oT$ | peste ee. | ee ee UO ~* 900T$ |*7> 08 TB 0! ie “+: V4 GAME COMMISSIONS AND WARDENS. IMPRISONMENT. The only punishment authorized under many of the older game stat- utes was a fine, and if the defendant was impecunious he escaped pun- ishment altogether. A very considerable proportion of offenders against the game laws are of this class, and experience has demon- strated that to secure obedience the alternative corrective, imprison- ment, must be allowed; otherwise many violations go unpunished. In some localities it is very difficult to secure conviction under the game laws where the punishment is limited to imprisonment alone. On the other hand such laws are often very lightly respected when offenders know that the only punishment is a fine. It would seem, therefore, that the provision in the penal clause of the game laws of most of the States authorizing fine or imprisonment, or both, is the proper scheme of punishment. Some statutes declare that in default of payment the defendant shall be imprisoned till the fine is paid or until he is otherwise legally discharged, which is equivalent to the requirement that he be held until he resorts to the remedy usually provided for insolvent convicts, that is, proof of his inability to pay the fine. Another method of enforcing the penal clause exists ina few States, exemplified by Colo- rado, where it is directed that no person upon whom a fine is imposed shall be discharged therefrom on account of his inability to pay the fine, but must be imprisoned one day for each jive dollars thereof. It is interesting to note the discrepancy in value placed upon a day’s restraint of liberty. At the other extreme from Colorado is Arkan- sas, where the defendant must be imprisoned one day for each seventy- jiwe cents of the fine. Still another form obtains in some States, where, as in Florida, the alternative of imprisonment if fines are not paid appears as a general statute applicable to all crimes. It has been held by the courts that when a person is sentenced to pay a fine and, upon default, to be imprisoned till it is paid or defendant is discharged in pursuance of an enabling statute, such imprisonment, even if fully served, does not satisfy judgment for the fine, but such judgment remains in full force until collected. This is so by the game statute in New York. Such being the case it would seem that in order to bring the case to a finality and clear the records, the Colorado scheme is the best. Among the cases resulting in imprisonment in 1906 may be men- tioned the following: In Illinois two defendants, each of whom had killed a prairie chicken, were committed to jail for 10 days; for fail- ure to pay fines one defendant was committed to jail for killing a pheas- ant, three for hunting without a license, one for hunting before sunrise, and one for killing quail out of season. In Michigan two defendants received a sentence of 60 days in jail and $100 fine each for attempting REWARDS TO INFORMERS. | 75 a t ship venison oiit of the State, and another for shipping venison to ue rket. In New Jersey one defendant was sentenced for 10 days for illegal possession of a blue jay, and another 10 days for killing one ] partridge. In North Carolina one defendant was imprisoned for 30 days for hunting on lands in Davidson County without permission. In Oregon one offender received a sentence of 124 days for trapping beaver, and two others were committed to jail in default of payment of fines for killing deer out of season. (Yearbook U. 8. Dept. Agriculture, 1906, pp. 585-536.) | COSTS. prosecution to give security for costs. The object of the requirement 2 Is, of course, the protection of officers of the courts against loss of their fees Hy acquittal of the defendant, and for the additional pur- ‘pose, in many cases, of forestalling ill- Ri vied and unfounded prose- ‘eutions. To relieve wardens of the necessity of complying with this 1 equirement it is customary to insert in the game act a provision mak- ing such exemption, which is illustrated by the following statute from the laws of Montana: ; _ The State game and fish warden, the deputy game and fish wardens, and the spe- ¢ ial deputy game and fish wardens, may make complaint and cause proceedings to be commenced against any person for violation of any of the laws for the protection or propagation of game or fish, and. in such case he shall not be obliged to furnish security for costs. (Laws of 1901, H. B. 147, sec. 16.) _ Pennsylvania has a special statute imposing the costs of prosecu- = under the game laws upon the county, in cases in which action is brought in good faith by any officer whose duty it is to protect game and birds, and the defendant is acquitted or for any legal cause fails to pay the boss (Laws of 1903, p. 213). REWARDS TO INFORMERS. “Under early game laws almost the only provision for enforcement was the reward offered by the State of a part of the fine, com- monly known as a moiety, to the informer. These statutes rarely on itted this provision, but with the advent of game wardens the oractice has gradually fallen into disuse, and at the present day is Reisined in the. game laws of donk pitntieely few States.“ It was ne ever a success in this country, most men preferring to see the laws violated rather than appear as prosecuting witnesses against their {ellow. citizens. Aside from sentiment, such a course was often hi azardous to the property and even the life of aninformer. ‘There is A 4 Several of the counties of Maryland still adhere to the practice. Further details contained in the table on page 37, showing the special disposition of hunting nse fees and fines. A general statute in some States requires individuals instituting a 76 GAME COMMISSIONS AND WARDENS. no reason why the provision should be held in ak disrepute, int since the purposes of game laws have been better understood and their * bE necessity more forcibly demonstrated by the rapid depletion of game, 2 an inducement of this character should accomplish its intended pur- | pose. Officers of the law usually are allowed regular fees for their _ work, and there can be no just complaint against compensation toa — private citizen who temporarily abandons his business and appears in court as a witness against the willful violator of a public statute. In this connection it should be noted that in some States a constitu- a tional provision requires all fines to be paid into the State or county — treasury to the credit of certain designated funds, usually the school — fund. Before incorporating in a game bill a provision for payment of part of fines to informers or to a special fund, it is essential that the constitution of the State be consulted. It may be that a diyi- sion of fines is authorized by some special wording of the constitu- | tion, as where it is directed that the ‘net proceeds’ of fines shall be | applied to certain purposes. This question has arisen in the courts, — and in Nevada (Ex parte McMahon, 26 Nev., 243; 66 Pac., 294) one provision of the game law was declared invalid because it allowed the informer part of the fine when the constitution declares that ‘all fines a collected under the penal laws of the State * * * shall be andthe ~ same are hereby solemnly pledged for educational purposes and shall 4 not be transferred to any other fund for other uses.’ “@ On the other hand, the game law of Wisconsin, one section of which directed that two-thirds of the fines collected should be paid to the informer, was sustained as valid against the contention that it was ~ unconstitutional because the constitution of that State declared that the clear proceeds of all fines collected in the several counties for — any breach of the penal laws shall be set apart as a separate fund to be called the ‘school fund.’ (State v. De Lano, 49 N. W., 808.) The court held that ‘clear proceeds’ meant the amount of such fines left after making authorized deductions. | Under the Nebraska game law, in obedience to the constitutional — provision, all fines collected for violation of the game law must be ~ paid into the school fund, but the corporate authorities of any county, city, or village within whose jurisdiction such fines shall be recovered 4 are required to pay to the complaining witness out of the general fund _ an amount equivalent to one-half the fine actually recovered. A A novel contention relating to the subject of payment of rewards — to informers was made in the Illinois case of Meul v. People (64 N. E., 1106), where the defendant insisted that the game law was invalid, — because one section directed that half the fine be paid the informer, | 4See also State ex rel. Rodes v. Warner, 94 S. W., 962, holding that fines under the game law of Missouri must be paid into the county school fund. EFFECT OF REPEALS. ie Ss ae for all Oates. The effect of coe disposition of fines, it was " _ contended, would be to take away from the governor this coueeiaeeed authority. This contention, however, was overruled by the court. In Georgia it has been held that where by statute a part of the fine or q penalty i is reserved to the informer, his right thereto becomes so far _yested upon conviction and sentence that the governor can-not, by _ pardon, remit that part. (Parrott v. Wilson, 51 Ga., 255.) _ Asa substitute for the moiety system several States have authorized _ the offer of specific rewards for evidence leading to conviction in cer- tain cases. In Kansas the act protecting antelope contains a section declaring that a person giving information leading to the conviction of anyone for a violation of the act shall be entitled to a reward of $25. Minnesota authorizes the commission to pay out of the funds at its disposal a reward of $50 for information leading to conviction in respect to moose and caribou, $25 in case of deer, and $10 in case of birds. The law of Wyoming authorizes the State game warden to pay a reward of $300 for evidence to convict any person of hunting _ big game for tusks, heads, horns, or antlers and allowing the carcass to go to waste. 3 ‘REPORTS OF PROSECUTIONS. In order that game officials may know the progress of protection Bind the work of deputy wardens, it is expressly provided in some ‘States—tfor example, Alabama, Colorado, and Maine—that every magistrate or court before on a prosecution under the game laws has been conducted or an appeal has been taken shall, within a certain _ time after disposition of the case, report the Da ts to the State game officials. Usually this report must contain a statement of the Batons and the result of the trial, show whether or not the fine was paid, and if so, what disposition was made of it, and if not, what pun- ishment was inflicted upon the defendant. oe “EFFECT OF REPEALS. _ Abill for the protection of game intended to repeal all former game laws should always contain a saving clause at the end. Other- wise it might be contended by some defendant who had violated -the old Jaw that a prosecution could not be maintained because the new law had repealed the old and thereby released him from such penalties as attached to the offense under the old law. Such a provision in the Colorado game law reads as follows: Ne All acts and parts of acts in conflict with this act are hereby repealed, but such re peal shall not affect or abate any prosecution now pending or hereafter brought for any offense committed prior to the taking effect of this act, but the same may be prosecuted and punished as in said acts provided. (Div. M, sec. 9.) 78 GAME COMMISSIONS AND WARDENS. CIVIL ACTIONS. Game laws are usually enforced by criminal prosecutions in the — name of the State or the people thereof, butafew States have directed a that punishment for violation of such laws, or certain provisions, shall | be inflicted by civil actions for recovery of penalties. These actions — are similar to suits between private persons for recovery of damages, and all the rules of law applicable to civil procedure apply to them. In Illinois the fines for hunting without license and exceeding the bag limit may be collected by action of debt in the name of the people of the State. In New Jersey civil actions are sometimes resorted to and — in New York the usual, if not the exclusive, method of procedure is a civil action instead of a criminal prosecution. Montana allows a civil action for recovery of all fines and penalties, and Wisconsin of — certain penalties. In Colorado the commissioner may bring a civil | action for possession of game taken, killed, or held in violation of law, or for the value thereof. : Since the celebrated decision in the case of Geer v. Connecticut — (161 U. S., 519), in 1896, determining the status of game and other wild | animals and birds, many States have incorporated in their laws ade- | claration that all wild animals and birds within the State are the prop- | erty of the State. In some instances the assertion has gone further, | declaring that no property, right, title, or interest can be acquired or | maintained in any game except as permitted by the game law. REPLEVIN. The action of replevin lies for the recovery of personal property, — goods, wares, merchandise, etc., wrongfully seized or detained, and ~ -is the remedy pursued by the owner to recover possession thereof.% — A logical conclusion from the foregoing definition renders the action | of replevin maintainable at the suit of the State for the recovery of | game taken, killed, or held in possession in contravention of its — statutes. An expression by the supreme court of Minnesota in the | decision in the case of Thomas v. Northern Pacific Express Co. (75 | N. W., 1120), sustains this conclusion. It is there said: a Wild game belongs to the State in its sovereign capacity. No person can acquire q any property in it except by catching or killing it at a time and in a manner author- x ized by law. Ifa person catches or kills it at a time or in a manner prohibited by @ statute, it still remains the property of the State, which may reclaim it. ‘= Two States—Colorado. and Nebraska—have incorporated in their — game laws provisions for this remedy, which are given in full in a Part III. “¥or notes on replevin suits see ‘Free Shipment of Deer in Minnesota’ in Forest a | and Stream, LIV, p. 68, Jan. 27, 1900; ‘The Law Supreme’ [in Illinois] in Am. ~ Field, LXI, p. 2, Jan. 2, 1904; Ibid, p. 269, Mar. 19, 1904. foe | cs 79 ae many jurisdictions the plaintiff may couple with the action of % Be ievin an alternative demand for damages, and if possession can not be restored the value of the game is recoverable. A novel provision _ in the Colorado Jaw fixes the minimum value of each species of big _ game and of birds, and permits the commissioner of fisheries and game or any warden to bring a civil action for recovery of the value of any - game killed, wounded, or keld in possession in violation of law. The N ebraska fe has a Suce provision, but does not fix the value of the _ game. These States further direct that the writ of replevin shall issue without bond and that the pendency of a criminal prosecution 4 for the same offense shall not affect or stay the civil suit, nor shall the action of replevin affect the right of seizure under other sections of the acts. _ Action of replevin has frequently been resorted to by offenders against game laws to recover property seized by game officials. In 1904 this action was instituted in Nebraska for recovery of three shot- ; - guns from a deputy game warden, who had seized them while the a plaintiff and two others were eee hunting prairie chickens. At g that time the Nebraska game law authorized seizure of the guns of _ “hose found violating the law, but contained no provision for a trial 3 of the question of forfeiture. The district court of Boone County, where the action was brought, found for the plaintiff and decreed xestitution of the guns, holding that the section authorizing the seizure and confiscation without a trial was unconstitutional. The warden appealed to the supreme court of the State, where the judgment of the district court was affirmed. (McConnell v. McKillip, 99 men. VV., 505.) In the same year an action of replevin was instituted in Colorado _ for the recovery of 300 deer hides, or for damages for their detention, 4 from a deputy game warden, who had seized them on the ground that _ they were held in possession in violation of a provision of the game law requiring that any person who desired to keep such hides must have an officer’s invoice. The case was tried in the district court of Mesa County and resulted in a verdict against the warden for $350, _ from which he appealed to the court of a eeall where the judgment of the district court was reversed. (Hornbeke v. White, 76 Pac., 926.)¢ In 1896 an action of replevin was instituted in Waccohein for the : recovery of 12 gill nets, of the value of $60, which had been seized by _ the game wardens on the ground that they were set in Lake Winne-. _ bago for the purpose of fishing in violation of the game law. A trial _ by jury resulted in a verdict for the wardens. The case was appealed _ to the supreme court, which affirmed the judgment of the lower court. _ (Bittenhaus v. Johnston et al., 66 N. W., 805.) a@See alsc People v. Johnson, 88 Pac., 184. | 80 GAME COMMISSIONS AND WARDENS. INJUNCTION. ‘’ The question has arisen repeatedly, and doubtless will recur fre- quently, as to whether an anticipated or persistent violation of the game law can be prevented by a proceeding in equity. It is a general rule of law that injunction will not lie to restrain the violation or intended violation of a penal statute. The rule is well settled that, where there is no threatened injury to personal or property rights, equity will not lend its aid by injunction to restrain the violation of public or penal statutes or the commission of penal acts. (State ex rel. Reynolds v. Capital City D. C., 56 N. E. (Ohio), 651.) The only remedy or redress, therefore, of the State is a criminal prosecution, or, as heretofore stated, a civil action for the recovery of the prescribed penalty in those States where such procedure is per- mitted, after consummation of the offense. But in a few States an attempt to violate the game law is an offense, and under such a statute timely prosecution might prevent the consummation of the unlawful act. It is doubtful whether a State has the power to provide for recourse to injunction in order to restrain an anticipated or continued violation of the game law, and, it seems, no State has attempted it. This remedy has, however, been frequently and successfully invoked to restrain per- sistent and repeated trespasses upon private property for the purpose of hunting, and thereby, indirectly, certain features of the game laws have been enforced.“ The case of Kellogg v. King in California (46 Pac., 166), is a good illustration of the application of this principle. Kellogg, as trustee of the Cordelia Shooting Club whose preserve was situated in Solano County, Calif., applied to the superior court of that county for an injunction to restrain King and about forty others from trespassing upon the club’s preserve, shooting ducks and other game thereon, and otherwise committing frequent depredations. The defend- ants resisted the suit on several grounds, among which it is only neces- sary to refer to the one denying complainant’s right to resort to the remedy of injunction. The superior court dismissed the complain- ant’s bill and rendered judgment for the defendants, from which the complainant appealed to the supreme court of the State, where the judgment was reversed and a new trial ordered, thus sustaining “See article entitled ‘Jailed for ignoring an Injunction,’ in Am. Field, LXI, pp. 319-320, Apr. 2, 1904. Two market hunters were enjoined by the U. S. Circuit Court from shooting on the property of the Big Lake Shooting Club, in Mississippi County, Arkansas, and when they continued to trespass they were sentenced to 30 days each in the county jail for contempt of court. es 6 INSUNCTION. : = 81 right of the club to an injunction to prevent defendants trespassing upe on its preserve.“ It was decided that— a Injunction will lie to prevent trespassing on a game preserve whereby not only is g Eamie killed, but game is frightened away and deterred from returning, the remedy ‘ at law being. inadequate. ’ _ The prevention of a multiplicity of suits is ground for injunction in case of repeated trespasses by a large number of persons. _ Another question connected with this subject has arisen as to whether 7 the enforcement of an unconstitutional game act can be enjoined by this process. This question arose in Michigan in the case of Osborn v. Charlevoix Circuit Judge (72 N. W. , 982). The complainant, O’Neil, filed a bill in the circuit court praying for an injunction to restrain ‘Chase 8. Osborn, State game warden, from enforcing the provisions of the fish law, which restricted the eae of fishing with certain ‘nets, and itharized the seizure of such apparatus when so used. It was alleged in the bill that the law was unconstitutional. The circuit judge granted the prayer of the bill and injunction issued. There- upon Osborn applied to the supreme court of the State for a writ of Mandamus to compel the circuit judge to dissolve the injunction. In Eeenting the writ the court said: : _ If the law were unconstitutional, it would be available by way of defense to the ¢ criminal charge, and therefore no occasion for chancery to take jurisdiction for the want of an adequate remedy at law. It has never been found necessary or expedient that the validity and construction of criminal laws should be determined in chancery for the guidance of courts of criminal jurisdiction. é _ @See also the South Carolina case of Chisholm v. Caines (67 Fed., 285), and the Arkansas case of the Big Lake Shooting Club, Harrison v. Fite (148 Fed., 781). Compare the decision in Rockefeller v. Lamora (New York), given in full in Parca and ‘Stream, LXI, p. 28, July 11, 1903, with the statement of the case given in the Maine Sportsman, vol. 14, p. 202, June, 1907. en TY ee Fe ae ee eee Se eae ab : me amy Ft ie Sect) a ne te ee ee MISCELLANEOUS PROVISIONS. The game laws contain many provisions that can not be conveniently ~ panned under the subjects heretofore presented, and hence are col- lected under the head of miscellaneous provisions. Some of these are — highly interesting and very essential to proper administration. PUBLICATION OF LAWS AND REPORTS. Prompt publication of the frequent amendments to game laws in — sufliciently large editions to meet all reasonable requirements is essen-— tial, and failure in this particular interferes seriously with enforce-— ment. The volumes of session laws are inaccessible to a large part — of the people, who must therefore rely upon some secondary but — authoritative publication for a knowledge of such changes as have been made. Every State and Territory except Arizona, Georgia, — Hawaii, Kentucky, Louisiana, Mississippi, Nevada, Oklahoma, and — Rhode Island, publishes the full text of its game laws in pamphlet — form for general distribution, and Arizona and Rhode Island issue | abstracts. These pamphlets are usually published by the game depart- — ment, but in a few instances they are issued by the secretary of state, | and in Florida by one of the county wardens—the game warden ong a Lake County. In some States, such as Pennsylvania and New Mexico, where there isa large foreign element in the population, summaries ofl the laws are published in two or more languages. Three States—_ Alabama, Colorado, and New Hampshire—direct their game depart- | ments to publish and distribute the game laws; others make an appro- | priation for the purpose; but the majority leave the matter entirely to the discretion of the game officials. The number of copies to be printed is sometimes fixed by statute, as in Idaho and Wyoming, — where it is placed at 5,000, in New Hampshire at 10,000, and in New York at 25,000 copies. Specific appropriations for printing the laws — are made in four States—Idaho, $50; Wyoming, $250; Colorado, $300; and Pennsylvania, $300. Few States, however, have thus far provided | editions large enough to meet the demand, for each hunter should be supplied with at least one copy of the game laws every year. The distribution in States which issue resident licenses can be readily and economically effected by placing at the disposal of each officer who” issues licenses enough pamphlet copies to supply each licensee. Nearly every State requires its game official or board to report on 82 ee eS CHARGE TO THE JURY. 83 the work periodically, usually to the governor, but in a few instances 4 fo the legislature, and in Michigan and Texas to the secretary of state. | * hese reports ordinarily cover a biennial period, sometimes an annual period, but in Alabama the commissioner is ote to report only - quadrennially, while in Montana he must submit a report semian- nually. It is through these reports that the executive and legislative _ branches of the government, and more especially the general public, are informed as to what the game departments are accomplishing. _ Formerly such reports were brief, containing little more than a finan- cial statement, but of late years their scope has been greatly enlarged, and statistics of hunting licenses, prosecutions, and seizures are very generally included. General articles on game protection and economic _ ornithology by recognized authorities and illustrated by colored plates are sometimes included, so that the volumes are valuable alike to the _ specialist and the general public. The reports of Indiana, Massachu- _ setts, Montana, and New York are examples of this evolution. A feature which has lately begun to receive attention and may be made of great value both in framing legislation and for future reference is a state- ment of the condition of the game of the State in more or less detail. Reports containing such statistics are repositories of interesting and yaluable information. Annual reports are required in Wisconsin and “Illinois, but they are not published in separate form, although reports on certain phases of warden work in Illinois appear regularly in one | of the leading sportsmen’s journals. Provision by specific appro- ~ priation is made in several States for publication of game warden “reports, and Colorado and Wyoming appropriate $200 for the purpose; Verinont fixes the number of copies at 2,000, and Indiana, by special act in 1907, ordered 10,000 extra copies of the last biennial report of the ‘State game and fish commissioner. CHARGE TO THE JURY. _ For a long time in the history of this country it has been customary for the legislature to incorporate in certain criminal statutes a section or clause directing the judges of courts having jurisdiction of the matter to give the statute in special charge to the grand jury or to call its attention to the law. The object is, of course, to insure enforcement. Four States—Alabama, Georgia, Montana, and Ten- nessee—have included this provision in their laws, the language of the Tennessee section in the nongame bird law of 1903 being as follows: _ 9. That the grand juries of the circuit and criminal courts of the State shall have -inguisitorial authority over all violations of any of the provisions this act, and upon probabie-cause, shall make presentment without prosecutor; and that the judges haying criminal jurisdiction in the various counties in Tennessee shall give this Act SE ecially in charge to the grand juries at every term of the courts. (Acts of 1903, ch. 118.) SE are Pee En ee, Oe ee ae eee ee te es" Am 9 edo 4358—No. 28—07 84 GAME COMMISSIONS AND WARDENS. ae SUSPENSION OF PROSECUTIONS. It has been maintained that the right to suspend or remit fines is inherent in the judiciary and the function has been quite commonly — exercised. There is no question that there are circumstances under which such action is just, humane, and expedient, but this power, like all others, is liable to abuse and allows petty judicial officers to nullify the game laws. Colorado has guarded against this danger by the following provision: No fine, penalty, or judgment assessed or rendered under this act, or the act to which it is amendatory, shall be suspended, reduced or remitted otherwise than as expressly provided by law. (Div. K, sec. 4.) On the other hand the State warden of Tennessee is authorized by the game law to compromise or discontinue cases where the violations — are technical, or where he believes the prosecution or fine would be oppressive. A clause in the Pennsylvania game law permits offenders to sign an acknowledgment of their offenses and’pay the fine prescribed by law to any game warden, whereupon they are entitled to a receipt from the warden which shall be in full settlement of the charge. .This course has the intended effect of relieving offenders from public prose- cution and the embarrassment incident thereto. It is questionable, however, whether it is not better that full publicity be given all pro- ceedings for the punishment of violators of the game laws, so that its deterrent influence may have full effect. In order to prevent useless and frivolous prosecutions, Tennessee in 1907 inserted in the game law a proviso permitting the State warden, when informed of a violation, to visit the place and summon witnesses to testify under oath to any facts bearing upon it. By the statute a penalty of $25 to $50 is imposed upon anyone so summoned who refuses to attend or testify. This is a new feature in the administration of © the game laws of this country and, while it has not been in opera- tion long enough to test its practical value, it doubtless has merit, especially when there is reason to believe violations are reported — merely for private vengeance or for pecuniary gain. SPECIAL OFFENSES IN CONNECTION WITH HUNTING LICENSES. In Illinois'the alteration of a hunting license in any material manner, or the loan or transfer of it to another, is declared to be forgery and § punishable as such. In Michigan, Tennessee, and a few other States — procuring a license by false swearing is defined as perjury, and in — some cases punished as such. In Maine and Vermont substantial fines — are imposed upon anyone furnishing to another, or permitting another — to use his license, and upon the person receiving such license. Altering or changing a license in any way is also made an offense. The penalties sometimes attached to the offense of hunting without i N ; ' t | y ag sgt ae DOGS. | Sir licenseare ‘do probably ‘wdc tiie to restrain criminally inclined persons or i those hunting for mercenary purposes. To meet this condition several States have declared that licensees who violate any provision of the _ game laws shall forfeit their licenses, and that the officer issuing them, _ or the State game warden, may revoke such licenses upon satisfactory _ proof of the unlawful conduct of the holder. Minnesota has prescribed By the procedure in such cases as follows: ; Sec. 36. Any person who shall violate any of the provisions of this chapter [the - complete game law], and who is at the time of such violation in the possession of a license duly issued to him, shall, upon conviction thereof, forfeit such license to the _ State of Minnesota, and such person shall deliver to the court before whom he was tried any such license, and the court shall forward the same to the commission. _ (Laws of 1905, ch. 344. ) In Maine the commissioners of inland fisheries and game may revoke _ the license of anyone who violates or countenances the violation of _ the game law after due notice to the holder and after opportunity is - given him to show cause against such revocation. The laws of most of the States require a licensee to produce his _ license on demand of a warden, and in several to any officer charged _ with the duty of enforcing the game law. Failure or refusal to do so is attended with a substantial penalty, and in Kansas and a few other _ States failure to produce a license on demand of a warden revokes it. Massachusetts and New Hampshire go a step further and require the licensee to produce and show his license to any person as often as a requested, and on failure to do so he forfeits it. In West Virginia ; the licensee must produce and show his license, whenever required, to the owner of the land upon which he is hunting. Montana provides - that if any officer believes that a license is in the hands of a person other than the one to whom it was issued he may require such person to identify himself, and in case of refusal he is held guilty of a misdemeanor. 4 DOGS. In the last few years the practice of dogging deer, or ‘hounding,’ as it is commonly called, has been the subject of restrictive legislation in most of the States where big game occurs. Much has been written and more said for and against this method of hunting, but an exami- nation of the laws plainly indicates a general trend toward the abolition of the practice, and to-day there are few States where one may hunt big game with dogs. The penalty is usually imposed upon the owner of the dog or person using it; but several States have not only done _ this, but have also authorized aia destruction of the dogs by wardens, or, in a few instances, by any person. ‘This subject has perhaps é engaged more attention in Maine’ than elsewhere. The attempt to _4¥or résumé see F. P. Hardy, ‘Six Years Under Maine Game Laws—VII, on ‘Killing Dogs;’ and IX, The Jock Darling Case, in ‘ Forest and Stream,’ Vol. XX XVI, Pp. 372, May 28, 1891; p. 477, July 2, 1891. — allow destruction of dogs under such circumstances by any person; — hunting is known to the owner, and further provides that if the same | 86 GAME COMMISSIONS AND WARDENS. suppress the practice of hounding in that State led to several serious : tragedies, the most noted of which occurred in the fall of 1886, when two game wardens were shot and killed by a party of posdias who # had a dog with them for the purpose of using it in hunting deer con- — trary to law. The wardens attempted to capture the dog and were > killed while so doing. The principal actor in the affair escaped to — ; California, where he was apprehended in March, 1887, and brought back to Maine, tried, convicted, and sentenced to imprisonment for | life.¢ This sentence was afterwards commuted to twenty-five years — and further reduced by good behavior to nineteen years, so that the term expired in 1906. i Judging by legislative acts public sentiment has vacillated some — what on this point. For some years prior to 1904 Vermont authorized ~ the destruction of dogs used for hunting big game, but in that year — repealed the provision, retaining, however, the prohibition of such — hunting. Soin New Hampshire, the destruction of dogs was author- — ized until 1905, but the legislature of that year repealed the provision. Wisconsin declares a dog used for pursuing deer a public nuisance, — and thereby tacitly licenses its destruction. Michigan deals with the practice with a strong hand by declaring that any dog found pursu- — ing, killing, or following upon the track of deer is a public nuisance, ~ authorizing any person to destroy it summarily, and exonerating him from civil or criminal liability for so doing. Maine and Minnesota — and the conservative State of Massachusetts authorizes any of her offi- cers who are required to enforce the game laws and all who may serve — criminal process to kill any dog found chasing or hunting deer, if such — dog is twice found hunting deer that fact shall be sufficient evidence © . of ‘the owner’s knowledge ‘and consent. ‘ Pennsylvania has gone into the subject with more detail than any — other State. It declares that any dog pursuing or following upon the track of a deer isa public nuisance, and may be killed by any person upon affidavit of one or more persons before an authorized officer that the dog is in the habit of running deer or has been known ~ to do so within a year. The law further declares that any dog pur- — suing any game animal or bird during the close season off land con-_ trolled by its owner isa public nuisance, and may be killed by the owner : or lessee of the land whereon it is found, or by any game officer who sees it upon the track of such game, de the dog wears a collar giv-— ing the name and address of the owner. Collared dogs so found bunt: | | @ For details of this tragedy see ‘Forest and Stream,’ Vol. XX VII, p. 308, Nov. ui, 1886; ‘ Maine Sportsman,’ yol. 13, p. 158, April, 1906. may bé killed in the manner sapied Shai after notice of the piss s vities, given to the owner by the landowner or by the secretary e game commission. In January, 1906, the secretary estimated about 300 dogs had been killed during the nine months’ oneration FERRETS. The use of ferrets for hunting rabbits is of very ancient origin. ory records their use for such purpose in the days of the Roman ire. They were commonly used in this country till within the few years, but recent legisiation in several of the States has tly restricted their employment. tected rigidly. The use of ferrets in hunting rabbits has imperiled , maintenance of the supply of these animals to such a degree that it has become necessary to prohibit the practice. fhe usual prohibition simply extends to the use of the ferret for special purpose, but Illinois and Massachusetts prohibit its use -hunting any game. Massachusetts further makes possession of a ret in any place where game may be found prima facie evidence of s illegal use, and declares that ferrets used in violation of law shall , confiscated. a ~ Pa . a ETE LOIS eee Se et EOS) ra Ae SPECIAL PROBLEMS. COOPERATION. It is axiomatic that the statutes of a State have no force outside its " boundaries, and it is unusual that a State should declare the statutes of another State of force and effect within its domains. Such is the effect, however, of certain features of the laws of Michigan, Minne- sota, Nebraska, Oklahoma, and Wisconsin. Minnesota provides that it shall be unlawful for any person to have in his possession or under control any game or birds or parts thereof waich have been unlaw- fully taken or killed in another State or unlawfully shipped from such State. Wisconsin prohibits the shipment into or through the State of any game the shipment or transportation of which is prohibited by the laws of any other State, and makes it the duty of the officers of Wisconsin to seize such game. The Michigan statute is somewhat broader and is as follows: 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 a 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. The statute of Oklahoma is much to the same effect, and Nebraska declares it unlawful for any person or corporation to bring into the State any game from any other State during the season when such State prohibits the export thereof. It would seem that similar action by all the States would be productive of much good. ‘ SOONERS.’ Close seasons will usually, if not invariably, be found to cover the period of reproduction of game and a sufficient time for the young to mature. These, indeed, are the chief purposes of such seasons, and upon their strict observance largely depends the maintenance of the game supply. Realization of this fact has led the game departments of several States to make unusual effort to prevent the killing of game in close season. The close season is generally respected until near its end, but a certain class of hunters, appropriately termed *sooners,’ often begin shooting a few days in advance of the legal — opening of the hunting season. The temptation to be first in the fieid and to get the pick of the game is so strong that it is often necessary to enlist an extra force of deputy wardens to deal with this class. In 88 yr. oe ee le ee as ‘iz Li 5° 4 a Aeon: o = Se Mee : eat : pe HUNTING ACCIDENTS. 89 es authorizing the appointment of several deputies in each county s practice is easily controiled; but where no such authority is con- ferred it is more difficult to meet, especially because of the ingenious explanations given by ‘sooners’ to account for their presence in the field. If other game, such as squirrels or rabbits, may be lawfully ‘shot at the tinie, the claim is made that such game is their sole object, | frequently they shoot in advance of the season under the guise of training dogs. Some States have prevented the use of the first plea by making the opening of the seasons as nearly uniform as possible,” or, as. ‘in Indiana, by establishing a close season upon less important game fe _a brief period prior to the opening of the season for the more important game. And in recent years the legislatures of several of the States have provided remedies for the subterfuge of training dogs, and alto- gether debarred the defense. Michigan permits the training of dogs fifteen days only before the open season for ruffed grouse, and pro- hibits the possession of firearms while the person isso engaged. Min- nesota does not allow pointers and setters to be used or run in fields or upon lands in which game birds may be found during August, or at ‘any time except in the open season for such birds. Pennsylvania per- mits dogs to be trained by their masters upon any game, except deer, from August 1 to January 1, but prescribes that no injury shall be inflicted upon such game. South Dakota has gone considerably fur- ‘ther, and declares that any person traveling in any manner in any part of the State, outside the immediate bounds of the inhabited parts of any village, town; or city, in possession of any kind of shot- un and ammunition, with dogs ordinarily used for hunting game birds, from July 1 to September 1, shall be presumed to have violated the laws respecting game birds. HUNTING ACCIDENTS. _ The alarming increase in the number of fatal hunting accidents? in the past few years, due almost entirely to carelessness, has led to much discussion as to the best means of guarding against sack occurrences in the future, and has resulted in the enactment of drastic statutes in 4 aine, Behan and Minnesota, where it is now a serious offense to shoot carelessly or negligently or to wound or kill a human being while hunting game. In both the former States the punishment is imprisonment not exceeding ten years or a fine not exceeding $1,000, 2 Bind it is made the duty of county attorneys and sheriffs to investigate alleged violations of the acts and prosecute the offenders. @ Montana has adopted a uniform open season for game of all kinds. _ bIn 1906 the number of such accidents in the United States exceeded 100. See Year Book U. S. Department of Agriculture 1906, pp. 536-537. CoA a eg ei et ee iil a a lk a + ra ee v- : > 7 r; = CP ee ae a SES ery mS t i, * + : I SENT nt oh ge ~~ = , 7 ms rut 7 ~ <2 au “—., * 90 GAME COMMISSIONS AND WARDENS. In Minnesota the killing of a human being by shooting with a gun | 3 or other firearm, when resulting from carelessness in mistaking the _ person shot for a deer or other animal, is manslaughter in the first degree and punishable as such. So far no conviction under these statutes has been reported. On the other hand, in a North Carolina case (State v. Horton, 139 N. C.; 1 L. R. A., n. s., 991), decided in 1905, it was held that the unintentional and accidental killing of a human being was not ren- dered criminal by the fact that the slayer was at the time violating a statute prohibiting hunting on lands of another without permission. COLD STORAGE. One of the greatest obstacles to effective game-law enforcement is the modern cold-storage plant and the facility it offers for conceal- ment of game. The ease and certainty with which dead game may be preserved even in hot weather removes all limitation formerly imposed by that condition and stimulates the killing of vastly larger quantities than in days before this invention. It is therefore a direct incentive to the unlimited destruction of game. It has furnished a defense often invoked in prosecutions for possession of game in close season, when the defendant has asserted that the game was lawfully taken in the open season and held in cold storage. Itis often difficult, if not impos- sible, for the State to controvert this defense. Hotels, restaurants, and clubs are therefore able to serve game to their guests throughout the close season, and many other avenues of illicit commerce in game are thereby opened. It has proved such a menace to the preservation of game in Minnesota that in 1905 the legislature prohibited, in the fol- lowing terms, the placing of game in any cold-storage plant: The placing or receiving within or storage of any game bird or game animal, or any part thereof, in any cold-storage plant, is hereby prohibited and made unlawful. Other States have placed restrictions on the storing of game. Asan example, Nebraska has made it unlawful to store game, except during the open season and five days thereafter, when stored for the person lawfully in possession thereof, and at any time when it has been law- — fully imported into the State. This limitation is followed by a positive prohibition of the possession or serving of game by hotels, restaurants, cafes, and boarding houses to their patrons in close season. In Colo- rado a permit from the game commissioner is required to store game. In several States the owners, proprietors, or managers of cold-storage plants are required to permit the game wardens to inspect the plant upon demand. Kansas requires the fish and game warden to inspect all places where meat, fish, and game are kept for sale or shipment or stored for pay, and those storing such articles are required to permit inspection. New York defines the limitations on the privilege of INDIANS. 91 - storing game in no caieeowtit terms: Dealersin game may store vheir stock on hand at the commencement of the close season upon giving _ bond in such amount and under such restrictions as the forest, fish, and game commissioner may prescribe and with the further condi tions that they will not sell, give away, or otherwise dispose of the - game in close season, and that they will not violate the law in any way. The prostitution of the cold-storage plant to purposes of illicit traffic in game is fortunately disappearing under recent legislation and through the vigilance of the officers charged with the enforcement of the game laws. The case of Haggerty v. St. Louis Ice Manufacturing and Storage _ Company (44 8. W., 1114), decided by the supreme court of Missouri in 1898, involved an interesting question of contract connected with the storage of game. Haggerty, a game dealer in St. Louis, had - stored in 1892 with the defendant company a large quantity of game _ to be withdrawn during the next open season. In 1893, when the game - was removed, the owner found it worthless from decay. A suit was instituted for the recovery of $7,000 damages from the storage com- pany. The company demurred to the complaint upon the ground that _ the contract of storage was in violation of the game law, which pro- hibited possession of game in close season. The demurrer was sus- tained and on appeal to the supreme court the judgment was affirmed. INDIANS. Years ago exceptions in favor of Indians were occasionally made in the game laws of some States, as in those of Maine and California. In 1853 Maine exempted Indians of the Penobscot and Passamaquoddy _ tribes from the restrictions of the law protecting deer and moose. In 1854 California exempted Indians from the operation of the salmon law, and in 1866 allowed them the privilege of taking trout at any time. Later on, however, these exceptions disappeared, and outside of their reservations Indians were placed on the same basis as other persons. In 1892 the supreme judicial court of Maine, in the case of ‘State v. Newell (24 Atl., 943), decided that Indians in that State were not ‘Indian tribes’ within the treaty-making power of the Federal Government, that they had no separate political organization and were ‘subject as individuals to all the laws of the State. Similarly the Supreme Court of the United States has held that the Cherokee Indians who remained in North Carolina were subject to the laws of that State (Cherokee Trust Funds, 117 U. S., 288). _ The game laws of Arizona, Colorado, Maxiates and North Dakota ‘seem to be the only ones that now specially mention the Indian. The law of Montana declares that the provisions and penalties prescribed ‘shall be deemed and held to include all Indians and half-breed Indians when outside the Indian reservation.’ (See p. 198.) Montana also has a - Ps a Pee oD ee et Oe a eee a oe N pele ; , 99, GAME COMMISSIONS AND WARDENS. a statute prohibiting Indians from carrying firearms of any kind ou side a reservation, and authorizing the seizure and confiscation of such arms. Colorado mentions the Indian only in connection with other persons affected by the law, so that in this State his relations to the game law do not differ from that of others. Arizona provides: Any Indian who, in the Territory of Arizona, at any time, shail hunt, take, pur- sue, kill, or destroy any game or fish mentioned in this act, off the Government reservation to which he belongs, shall be guilty of a misdemeanor. (Laws of 1905, ch. 25, sec. 22). The game law of North Dakota deals with this subject more at — length, and is a clear exposition of the status of Indians in this coun- try. Under this law it is illegal for an Indian who isa ward of the Federal Government to hunt anywhere in the State, except upon In- dian reservations, unless he takes out a regular bunting license. The section is as follows: Src. 7683f. Indians subject to game .aws.—It shall be unlawful for any Indian who is a ward of the United States Government to hunt on any lands within this State at any time, except upon such lands as are known to be Indian reservation lands. It shall be the duty of the district game wardens, their deputies, and all peace officers of this State, to arrest any Indian found hunting in violation of this act. It shall be the duty of the States attorney in any county within this State to prosecute any - Indian so arrested under the provisions of this chapter, and, upon conviction, such Indian shall be deemed guilty of a misdemeanor and be punishable by a fine of not less than twenty dollars nor more than fifty dollars, or may be imprisoned in the county jail not less than ten days nor more than thirty days, or may be subject to both such fine and imprisonment; provided, that the provisions of this section shall net apply to any Indian who takes out a permit to hunt as provided for other persons. ; The peculiar character of Indian reservations, in view of the rela- tion of the land to the State or Territory in which situated and of the Indian to the General Government, makes it important that the ques- tion of jurisdiction in cases of violation of the game and fish laws on Indian reservations or by reservation Indians shall be clearly stated. On March 3,1885, Congress passed an act relating to Indian reserya- tions defining certain acts as crimes and giving jurisdiction of offenses under the act to the Federal Government. (23 Stat., 385). The list of crimes included nothing relating to game as such. Since this act was passed several questions have been raised and the decisions of the _ higher courts have made its interpretation so clear that its construc- _ tion is easy. The United States Supreme Court in United States v. Kagama (118 U. S., 375) decided that Congress had jurisdiction to pass the act and the right to give jurisdiction to the Federal courts. Justice Miller in announcing the decision of the court says: These Indian tribes are the wards of the nation. They are communities dependent on the United States; dependent largely for their daily food; dependent for their political rights. They owe no allegiance to the States, and receive from them no protection. * * * From their very weakness and helplessness, so largely due to Ah = eee ea Ps dy Seth) 4 ne ; iy , Se ts ES ase rn ares ® ess : [ < ) SENDIAN RESERVATIONS. 93 i ye 3 ‘course of Se of the Federal Government with them, and the treaties in hich it has been promised, there arises the duty of protection, and with it the power. This has always been recognized by the Executive and by Congress, and by th is court, whenever the question hasarisen. The power of the General Government over these remnants of a race once powerful, now weak and diminished in numbers, is necessary to their protection, as well as to the safety of those among whom they dwell. It must exist in that Government because it never has existed anywhere else, because the theater of its exercise is within the geographical limits of the United States, because it has never been denied, and because it alone can enforce its laws on all the tribes. _ The statement at the outset of this quotation that the ** Indian tribes are the wards of the nation” is the keynote to the question of jurisdiction. In State v. Campbell (53 Minn., 354) the court said: _ The jurisdiction of the Federal Government over these Indian tribes rests, not. upon the ownership of and sovereignty over the country in which they reside, but upon the fact that, as the wards of the General Government, they are the subjects of Federal authority within the States as well as within the Territories. In general it may be said that while the State laws extend over and may be enforced upon Indian reservations when violated by white people or nontribal Indians, yet State authorities have no power to enforce the laws upon the tribal Indian on his reservation. The U.S. district court of Wisconsin has said, ‘Congress having assumed juris- diction to punish for criminal offenses, that jurisdiction is exclusive.’ ? — It adds that while Congress might provide fish and game laws for Indians, it has not done so, and adds that it would be intolerable if the State should have power to step in and extend its civil and criminal eodes and police power over these people.? Covering this same point, the Minnesota supreme court, in deciding the case of State v. Camp- bell, said: By the act of 1885 presumably Congress has enumerated all the acts which, in their ju dement, ought to be made crimes when committed by Indians, in view of their imperfect civilization. ~For the State to be allowed to supplement this by making every act a crime on their part which would be such if committed by a member of ou more highly civilized society would be not only inappropriate, but also practi- cally to arrogate the guardianship over those Indians, which is exclusively vested in the General Government. i The jurisdiction of the United States over the Indians on a reserva- tion remains, even though the lands have been allotted in severalty, the title of the reservation still remaining in the United States.¢ In 1899 the board of game and fish commissioners of Minnesota brought an action of replevin for the meat of 14 deer found in posses- sion of an Indian on the White Earth Reservation after the expiration of the time during which the State law permitted the possession of “7 @JIn re Blackbird, 109 Fed., 139. bIn re Blackbird, supra. ¢In re Lincoln, 129 Fed., 247 (Calif., 1904). MRS! aR ee eS a ire she Stare da at 94 GAME COMMISSIONS AND WARDENS. = venison. It was claimed that the deer were killed on the reserva-— : tion by tribal Indians during the open season and bought by one of the Indians, Julia Selkirk, who held them to sell to Indians on the reservation, no part of the meat having been removed or having been intended to be removed from the reservation. The supreme court of Minnesota decided that the relationship of Indians to the Federal Goy- ernment and certain special circumstances connected with the White Earth Reservation gave the Indians the right to hold and deal among themselves in deer meat on the reservation at a time when the posses- sion and sale of such meat were prohibited by the State law. The court was not unanimous, however. Two of the five justices, including the chief justice, dissented from this opinion, holding that the State had the right to reclaim its own property. They said: In view of the fact that tribal Indians who have not adopted the habits of civilized life are accustomed to depend largely on the fruits of the chase for their food, it may be necessary that they should be allowed to kill game for that purpose on their reservations all the year, irrespective of the closed season, under State laws. But there is no necessity that they should be allowed to kill it fod the purpose of sale to others. And further: It may be that the remedies of the State for the enforcement of these laws are incomplete, so far as the persons of the Indians are concerned; but, if so, it is not because the laws do not apply to Indians, but because of the exclusive guardianship of the Federal Government over tribal Indians on a reservation.@ While the exemption of tribal Indians on reservations from the State laws protecting fish and game seems thus to be generally main- tained, on the other hand, the jurisdiction of the State authorities over Indians committing offenses off thelr reservations and nontribal Indians anywhere seems to be no less strongly upheld. In 1898 the supreme court of Minnesota maintained the right of State game officials to selze in transit game that had been killed on the White Earth Reservation by Indians during the open season and sold to an Indian on the reservation, who undertook to ship it out of the State. The court stated, in deciding this case: It is unnecessary to and we do not decide whether the State may or may not interfere with game which is unlawfully in the possession of Indians on the reserva- tion. But we do hold that when, as in this case, game is once off this reservation, and in the possession of any person or corporation in violation of the law, it may_be seized and confiscated by its proper officers, without reference to where or by whom it was killed. ? The well-known case of Ward v. Race Horse (70 Fed., 598; 163 U. S., 504) ° was decided along this same line. Race Horse, a member “State v. Cooney (Selkirk intervening) 80 N. W., 696 (Minn., 1899). Selkirk v. Stevens, 75 N. W., 386 (Minn., 1898). ¢See also account of this oe by Hon. W. A. Richards, governor of Wyoming, in Recreation, Vol. 12, pp. 443-447, 1900. INDIANS. 95 3 of the Bannock tribe of Indians residing on the Fort Hall Indian Reservation in Idaho, killed 7 elk in October, 1895, on unoccupied lands of the United States in Uinta County, Wyo., about 20 miles southeast of Mount Hoback, and about 100 miles from the reservation, contrary to the provisions of the laws of Wyoming. He was arrested and imprisoned by John H. Ward, sheriff of Uinta County. The United States attorney for that district secured a writ of habeas cor- pus in behalf of Race Horse from the circuit court of the United States for the district. The contention was made that asthe United _ States had in 1868 made a treaty with the Bannock Indians, to which _ tribe Race Horse belonged, guaranteeing them the right to hunt upon the unoccupied lands of the United States ‘‘so long as game _ may be found thereon and so long as peace subsists among the whites and Indians on the borders of the hunting districts,” the game law of Wyoming, in so far as it undertook to punish a member of this tribe, was void, because in contravention of the treaty, and that, therefore, the arrest and detention of Race Horse were unwarranted. The circuit court upheld this contention and discharged Race Horse. The case was appealed by Ward, the sheriff, to the Supreme Court of the United States, which held, in a decision rendered in May, 1896, that the treaty made by the United States with the Bannock Indians did not give them the right to hunt within the limits of the State — of Wyoming in violation of its laws after the admission of Wyo- - Ming asa State into the Union. In the act creating the Territory of _ Wyoming the rights of the Indians under treaty had been expressly reserved, but not so in the act enabling Wyoming to come into the Union as a State, and the court held that the obligations of the treaty were annulled by the admission of the State into the Union. In this case the Supreme Court virtually decided that in the absence of a treaty to that effect an Indian hunting off his reservation is subject to the State laws, even though hunting on unoccupied lands of the United States. Although the point was not directly raised and formed - no part of the question involved in the decision, yet enough was said _ by the court to set at rest the contention sometimes urged that the game law of a State is not operative upon unoccupied lands of the United States within that State, and the decision is authority against such a contention. _ ¥From the foregoing considerations it may be said that generally speaking the State has no jurisdiction in the case of a disregard of its _ game laws by a tribal Indian on his reservation, but that it has jurisdic- _ tion when its game laws are violated by an Indian off his reservation, _ or by any person other than an Indian on an Indian reservation. In _ view, however, of the peculiar relations of the Federal Government to _ the Indians, and the many treaties and acts of Congress in force, when- ever it is sought to enforce the game laws on Indian reservations the _ exact status of the reservation in question should be ascertained. + Although the legal status of the Indian on or off the resenvalion baal thus been materially elucidated by recent decisions of the courts, and — State officers have been given authority to call sheriffs and peace éiaees 2 to their assistance and to raise a posse when necessary, the practical — difficulty of controlling Indians in some of the Western States still | continues. When, as sometimes happens, bands of Indians leave © their reservations on hunting trips into adjoining counties or States, _ the warden service is practically powerless to prevent their depreda- | tions and frequently it becomes necessary to call out troops to return | the Indians to their reservations. During the past ten years Indian | depredations have been most frequent in Colorado, Minnesota, New | Mexico, and Wyoming. In order to show the character of these — depredations, mention may be made of some of the more important — recent raids. 4 Reference has already been made to the raid which occurred in | Colorado in Rio Blanco County in 1902. (Seep. 50.) Another notable | incursion of the same kind was that of the White River Utes, whoinvaded | the western part of Routt County, Colo., on Little Snake River, in — October, 1897. According to the report of the commission which was _ appointed to investigate this affair, nearly 200 Indians had left their | reservation for a hunting trip in Colorado. At one point, where 27 | Indians were encamped, 40 or 50 fresh deer hides and 2 fresh carcasses | of deer were found by a party of 10 wardens and 2 unarmed citizens. — The wardens endeavored unsuccessfully to induce the Indians to sub- — mit to arrest or to leave the State. In the conflict which followed a two Indians were killed and a squaw was wounded. ¢ a In Minnesota complications arose about 1897 or 1898 through x Indians leaving their reservation and killing deer after the close of the — season for sale to Indian traders.? * In Montana in 1899 Crees and half-breeds from Canada engaged in | the wholesale slaughter of deer along the Missouri River. These — Indians have no reservation, and wander over the country gaining a — living as best they can, and destroy large quantities of game. More | than once they have been rounded up by troops, taken to the border, — and formally expelled from the United States, only to drift back — across the line in a short time. They kill at any time of the year and © use dogs to run game, in violation of law.°¢ In New Mexico in 1905 a number of Indians from Isleta made a | hunting trip to the Datil Mountains, in the western part of Socorro — County. This incursion not only threatened the existence of the deer and antelope in that region, but, it was feared, would bring on serious 3 trouble with the settlers. q aD, C. Beaman in Forest and Stream, L, p. 27, Jan. 8, 1898. OS. F. Fullerton in Forest and Stream, LI, p. 509, Dec. 24, 1898. ¢Forest and Stream, LIII, p. 501, Dec. 23, 1899; LV, p. 421; Dec. 1, 1900. ’ ie re ee ee RR ee eee i ee pA poe eee, (acd nang Tie) at Wl NOUR ae ; INDIAN RAIDS. | a In Wyoming depredations by Indians occurred in Natrona County — in 1894 and in Uinta County in 1895. The latter raid, made by a band _ of Bannocks from the Fort Hall Reservation, was quelled by the troops and ultimately resulted in the celebrated case of Ward v. Race Horse, _ which was carried up to the Supreme Court in 1896, and to which _ reference hasalready been made. (See p. 94). One of the most serious raids which has occurred in the State took place as late as 1906 and required the calling out of troops before the Indian’ could be controlled. Regarding this raid the State warden says: About the most exasperating occurrence of the year connected with our game _ interests was the invasion of our State by bands of Indians from Colorado or Utah— exasperating because we were utterly powerless to prevent their lawless acts or to have them punished. These Indians (Utes or Piutes) were in such strength that all the wardens and peace officers of the State (if they could have acted in concert) would have been absolutely unable to control them. Indeed, I am positively certain that the total militia strength of the State could not have arrested these Indians, and any attempt by an inferior force would have resulted in a conflict and consequent bloodshed. 2 From the time they entered the State until they were removed, these Indians violated our game laws with impunity, killing every live wild thing that came their _ way. Hundreds of sage hens, scores of antelope, and many deer were slaughtered. _ The Indians were well armed and apparently fully conscious of their ability to laugh a at local officers. Ata personal conference with the governor in August concerning _ the acts of these Indians, I was advised not to act in such manner as to precipitate a conflict that might result in the loss of scores of lives. : From information furnished by reputable ranchmen of the Whisky Gap section _ it appears that two bands of Indians passed through that country; the first, about _ 500 in number, claimed to be Utes; the second, almost as numerous, called them- selves ‘‘ Piutes,’’ both bands giving White Rock Reservation as their starting place. Special Assistant Warden Guy Signor, of Hailey, who made personal investigation, reports as follows: ‘‘On or about July 20 about 500 Indians (Utes) came to Har- per’s ranch. They camped on Whisky Creek for five days, using Harper’s fence posts for fuel. From this camp about 50 Indians made a circuit of the surrounding _ country as far as Ferris Mountains, Sweetwater, and Sharp’s ranch, ~s up about Setity antelope. * * * . “About the 4th of August another band of 52 tepees, claiming to be ‘ Piutes’ passed _ through that country. These Indians (the Piutes) were also painted and were armed _ with modern smokelessrifles.”” * * * Leaving the Whisky Gap and Splitrock country these Indians went, by way of - Douglas, through Converse, Weston, and Crook counties, stripping the country of _ wild game wherever they traveled. In the latter part of August, Special Assistant _ David O. Johnson, of Newcastle, complained to me that the Indians were killing ante- _ lope by the score in the Pumpkin Butte section, and that he was powerless to deal ‘ with the situation, suggesting that I appeal to the governor. Being without funds at that time, any attempt by this office to call out a posse (under section 2101, Game Laws) strong enough to arrest the Indians would have been utterly farcical. Every pioneer in the West knows by experience that a mere show of authority has no effect upon a band of armed Indians, except to call forth contemptuous insult. Numbers and equipment must be sufficient to overawe them, or a conflict is the inevitable result. * * * ‘) = ge ree 4 in <8 98 ) GAME COMMISSIONS AND WARDENS. — eaneatcle. the governor’ s requisition for Federal sisget resulted in ridding: ri State of these Indians, who not only slaughtered our wild game but were a very serious menace to the lives and property of our citizens. (Ann. Rept. State Game Warden, Wyoming, 1906, pp. 17-19.) ALIENS. } In concluding this discussion of game law enforcement it seems — desirable to call attention to a problem which already has assumed — alarming’ proportions. ce In the last few years our game laws have been defied by a certain | || lawless element of unnaturalized foreigners who, in some of the more ES I) northern States, persistently and willfully violate them by hunting in © iP close season, and especially by killing nongame birds, which are pro- | Hy tected at all times. These people appear to assume that the United | States is a country where unrestrained license should exist, if it does — not, and defy officers of the law and disregard the rights of property. | They roam the woods and fields with guns, paying no attention what- ever to signs forbidding trespass, and frequently either insult or assault landowners who protest against their illegal acts. As several usually hunt together, and are ready to assist each other to the last — extremity, the warden who undertakes to execute the laws often finds . the task difficult and even hazardous. In several instances wardens — and constables have been fatally shot or stabbed when attempting an — arrest. Four wardens were killed and several others seriously injured by aliens in Pennsylvania during 1906. Railroads in certain sections of the country employ foreigners as laborers on their roadbeds, and camps are established along the right of way. On off days, especially Sundays, these laborers scour the surrounding country in pursuit of any and all kinds of birds. Fines assessed against them are paid with — remarkable readiness, even when the amount is large, for the reason that several form a pool, and out of the sum thus obtained pay any fine imposed upon one of their number. One of the most important cases of this kind occurred recently in Jowa, where 113 Italian laborers were arrested July 11, 1907, near Roek Rapids, charged with violating the -game law. Eighteen of them plead guilty, and the total fines exceeded $500. The details were as follows: Deputy Game Wardens A. M. Green and H. H. Yordy, with Sheriff Wheatly and 20 special deputy sheriffs, reached Rock Rapids on the Great Northern at 1 o’clock this morning [July 12] aie 113 Italian laborers, together with 18 shotguns. traps, dead game, and other evidences of hunting. All of the defendants were arraigned in Justice George Monloux’s court at 9 o’clock, and agreed to deliver up the ones guilty of violating the game law if the officers would — withdraw the charges against those they claimed were innocent. Eighteen werethen — accused by their fellow-prisoners and pleaded guilty to 25 counts, and were assessed — a fine of $29.60 each. This they paid and were discharged.@ @Am. Field, LX VIII, p. 51, July 20, 1907. asures ee been ae ‘3 weet tithe alien problem. Some tes have printed their game laws in foreign languages and posted them in conspicuous places. Others have instructed their wardens to explain them to foreigners. The game commissions of several States haye recommended drastic legislation. New York now prohibits the possession or carrying of firearms by aliens in any public place. Alabama, Florida, Louisiana, Maine, Pennsylvania, South Carolina, Texas, Utah, and Wyoming require aliens, or unnaturalized foreign- born residents, to pay the same fee for a hunting license that is exacted fanonresident. Massachusetts has established a special fee of $15 for unnaturalized foreign-born residents who desire to hunt, while nonresident aliens are excluded from the privilege altogether; Con- necticut requires an alien license of $15, while the fee for the ordinary nonresident license is only $10; California an alien license of $25 and nonresident license of $10. Washington requires an alien to pay $50. The problem is so recent that it is perhaps too soon to look for its final solution, but doubtless the earnest efforts being made to solve it will show Fabaite results before long, and such lawless practices will be checked, if not entirely suppressed. 4358—No. 2 BORE Ge MARE ee, ees ey pt gue a ge er Cp Te Uf ae Dene a era SOO MIN, ae GRRE owl Uh Oe em Yee 4 nf he? r Res ile gan = 2} nat PART II.SUMMARIES OF THE PROVISIONS RELATING TO ‘ENFORCEMENT. | The second part of this bulletin is an epitome of the more important provisions of the game laws relating to enforcement. Except in a few cases, the subject-matter 1s grouped under four main headings: (1) Officials, (2) other officers, (8) game protection fund, and (4) admin- istrative provisions, each of these headings being given the same number under each State to facilitate comparison. Miscellaneous and special provisions are incorporated under, or interpolated between, the main paragraphs. Effort has been made to condense statements into the briefest possible form, but the full text of the law containing the provisions can readily be consulted on referring to Part III. ALABAMA. (1) Officers: State game and fish commissioner; office established February 19, 1907; term, four years; bond, $5,000; salary, $2,500 per annum; office clerk allowed at compensation of $2 per day while actually employed. Duties and powers.—To publish and distribute the game and fish laws in pamphlet form; to make a quadrennial report of the operations of his office to the governor; to enforce the game, bird, and fish laws; to issue permits for capture and transportation of birds for scientific and propagating purposes; to seize game and birds illegally taken, killed, possessed, or shipped; vested with power of sheriffs and constables to serve criminal process. County game and fish warden.—One for each county, appointed by commissioner; term, four years; bond, $500; compensation, one-half fines collected in his county for infractions of game and fish laws; fees of a constable for similar services and $3 per day when acting upon special instructions; ie with same power as commissioner in enforcing game laws. (2) Other officers: Sheriffs, deputy sheriffs, marshals, constables, and other peace officers are ex officio game and fish wardens. ; (3) Game protection fund: All hunting, scientific coliecting, and propagating license fees, and one-half fines, penalties, and forfeitures arising under the game laws ~ constitute the State game fund. 4 (4) Administrative provisions: Possession of artificial light while hunting is f prima facie evidence of its use to hunt deer; violation as to each animal or birdisa — separate offense, and two or more offenses may be charged in the same indictment, — complaint, or affidavit; violation as to any number of animals or birds of the same 7 kind may be charged in the same count and punished asa separate offense As to each, and proof as to part of a bird or animal is sufficient to sustain charge as to whole. i Corporations may be arrested and constructively brought into court by reading the warrant to the president, secretary, or manager in the State, or any agent thereof in 4 any county where action or indictment is pending; any fine imposed upon a corpora- | tion may be collected by execution against its property. Licensees are required to a 100 ALABAMA—CALIFORNIA. LO y their licenses with them; a false statement in procuring a license or alteration thereof is punishable by fine of $10 to $25. Circuit judgesand judges with concurrent jurisdiction must give the game laws in charge to the grand juries and urge strict % in inquiry into infractions thereof. _ Prosecution must be begun within 60 days before a justice of the peace, or within “one year when jurisdiction is in city, county, or circuit courts. ALASKA. ile = _ (1) Officers: Marshals, deputy marshals, collectors and deputy collectors of ~ customs, and officers of revenue cutters required to assist in enforcing the game laws; marshals and deputy marshals may arrest, without warrant, persons found violating law and may seize without warrant game, traps, nets, guns, boats, or other parapher- -nalia used in violation of law; collectors and deputy collectors of customs or any person appointed in writing by a marshal may seize, without warrant, said property and deliver it to a marshal. Prosecution must be begun within three years. ARIZONA. _ (1) Officers: Fish and game commissioners; commission established 1887; com- s Pesca of three members, one to serve as business agent; term, two years; no salary. Duties and powers.—To report annually to the governor, with recommendations for - legislative action; to enforce the laws; to provide for distribution and protection of imported game and native birds; to post private grounds upon consent of the owners; toi issue hunting licenses. Authorized to appoint, without expense to the Territory, . ee etants, who shall be vested with the powers of sheriffs to make arrests. __ (2) Other officers: Peace officers required, under penalty ($25), to arrest viola- tors of the game law and to take them before any judicial officer competent to try 3 the offense. _ (3) Game protection fund: Nonresident license fees and fines for trespassing on. posted lands to be paid to commissioners and used for enforcement of game laws. _ (4) Administrative provisions: Possession of game without evidence of law- ful taking prima facie evidence of trapping or snaring in violation of law; one-half of fines to be paid to person furnishing evidence, the other half to school fund. ‘Commissioners and deputies have power to arrest, without warrant, any person in the act of violating the law. _ Prosecution must be begun within two years. ARKANSAS. _ (1) Officers: Sheriffs and constables are ex officio game wardens, and deputy sheriffs deputy game wardens. They are required, under penalty, to make arrests and prosecute violations of the game laws, and need not give bond for costs. _ (4) Administrative provisions: Justice of the peace, upon information of viola- tion of law, required to issue warrant directed to any peace officer commanding him to arrest the offender, who shall be tried at once. Officer failing to serve warrant 7 guilty of nonfeasance in office, and upon conviction liable to fine of not less than $50 or more than $100 and forfeiture of office. Whole fine for violation of game laws _ paid to officer making arrest and securing conviction. _ Prosecution must be begun within one year. CALIFORNIA. . (1) Officers: Board of fish commissioners; established April 2, 1870; jurisdiction q extended to game in 1878; members serve during pleasure of governor; no compen- ‘sation. { | ! { ; : | te ns Meee hee Pe Oe NS ee Ee ee eee) ee ey RO ae geet oe re 102 GAME COMMISSIONS AND WARDENS. Duties. —To supervise enforcement of laws for the protection of fish and game; to provide for distribution and protection of game birds imported for propagation; to report biennially to governor. Assistants.—Board may appoint necessary assistants, one of whom shall be chief deputy and receive such salary as may be fixed by board. Assistants vested with powers of sheriffs and authorized to make arrests anywhere in State. County fish and game wardens, one for each county, appointed by county boards of supervisors; term two years; bond fixed by board; salary, $50 to $125 per month, according to population of county; allowance for expenses, $25 per month, both paid from county treasury. County wardens required to eniorce game laws and county ordinances and vested with all the powers of peace officers to make arrests for violations. (3) Game protection fund: Hunting license fees and fines for violation of game laws constitute a fund in State treasury to be used for payment of expenses of prose- cutions and for protecting, restoring, and introducing game. (4) Evidence: Proof of possession of birds or animals which show no evidence of capture otherwise than by net, trap, or similar device is prima facie evidence of illegal taking or killing by holder; licensee refusing to exhibit his license to any officer authorized to enforce game laws or any peace officer is guilty of misdemeanor. Prosecution for felony (killing elk) must be begun within three years; for a mis- demeanor, one year. COLORADO. (1) Officers: State game and fish commissioner; office originally established in 1891, reorganized in 1899; term, two years; bond, $5,000; salary, $1,800 per annum with allowance for necessary traveling expenses not to exceed $600, and clerk at salary of $1,000 per annum. Duties and powers.—To publish the game and fish laws and regulations biennially for general distribution, at an expense not to exceed $300; to prescribe rules and regulations necessary to carry out the purpose of the law and to prepare the forms necessary for such purpose; to cause prosecutions to be instituted and conducted. ‘The commissioner has the powers of sheriffs and constables throughout the State, and when necessary may call to his aid the sheriff of any county, with his posse, or may himself summon such posse without intervention of sheriff; he may bring civil action for damages or for possession of game illegally captured or in possession, and may procure writ of replevin without bond; with permission of governor he may take any game for purposes of propagation elsewhere in State; he must issue nonresi- dent licenses, and may issue resident licenses and permits to collect for scientific purposes in certain cases; may issue duplicates of lost permits, licenses, and certifi- cates; must report biennially to governor the transactions of his department and sub- mit necessary recommendations; report to be published at a cost not exceeding $200. Deputy State game and fish commissioner, appointed by commissioner, salary $1,500 per annum and allowance for necessary traveling expenses not to exceed $400. Chief game wardens, five in number, appointed by commissioner; bond, $1,000; salary, $900 per annum and allowance for necessary traveling expenses not to exceed $300; must devote entire time to duties of office; have same power as commissioner to summon posse. Deputy game wardens, not more than ten at any one time, appointed by commis- sioner with approval of governor, for a limited time; bond, $1,000; compensation not exceeding $100 per month during actual employment. Special game wardens appointed by commissioner; have powers of deputy war- dens; bond, $1,000; receive no salary but are entitled to certain fees. Guides licensed by State fish and game commissioner have powers of deputy warden. gare t bia’ 4 fa 4 COLORADO. ~ Commissioner and all wardens have jurisdiction throughout State, with powers of sheriff or constable; may seize game taken or held illegally; may arrest, with or - without warrant, any person believed to be guilty of violating the law, and with or _ without warrant may open, enter, and examine any place or package (dwelling house Ah: only under warrant) where they have reason to believe game illegally taken or held _ is to be found, and may seize such game; in case of seizure of game in transit they have authority, upon payment of reasonable compensation, to take possession of and use any animal or vehicle employed for such transportation (except such as are used as public conveyances of passengers or mail) for conveying game or prisoner; they are required to arrest any person hunting without license when one is required, and q may demand of anyone they believe to have hunted within the year the produc- _ tion of and opportunity to copy his license; the commissioner, or any warden. if directed by him, may bring against any person unlawfully wounding, killing, or possessing any game animal or bird a civil action in the name of the State for recoy- ery of the value of such animal or bird according to schedule of minimum values prescribed in game act. (2) Other officers: Sheriffs and constables required to enforce game laws; have same special powers to arrest, search, and seize as are conferred on deputy game wardens; have authority to demand production of hunting license, and to bring civil action for recovery of value of game illegally killed, wounded, or possessed; and are 7 -entitled to same fees and perquisites as wardens. District attorneys are required to prosecute violations coming to their knowledge (when requested by commissioner __ or other officer, such prosecutions to be under supervision of commissioner). United States forest officers are vested by the State with all powers of deputy wardens. (8) Game protection fund: All fees for licenses and permits issued by the com- _ missioner; entire proceeds from sale of confiscated game if seized by commissioner or warden and one-half if by sheriff or constable; one-half fees for resident licenses _ issued by county clerks; one-third of all fines and of amounts recovered in civil actions for unlawful capture or possession of game; and all moneys coming into the hands of the commissioner not otherwise disposed of to constitute a State game pro- - tection fund. This fund to be used in payment of salaries and expenses of enforcing _ the law; if fund is insufficient the deficit must be paid from the general State fund. _ (4) Administrative provisions: Prosecutions may be commenced by indict- ment, information, or complaint, and district and county courts and justices of the _ peace have concurrent and original jurisdiction of all offenses against game laws _ except those relating to buffalo or the use, of dynamite, explosives, or poisonous or _ stupefying substances in killing fish. Justices of the peace and clerks of courts _ required to report results of all cases in their courts to commissioner within twenty _ days aiter determination thereof. Person instituting prosecution or suit entitled to _ one-third the fine or recovery. Actions for damages and for possession of game -unlawiully wounded, killed, or possessed may be joined; civil action does not bar _ eriminal prosecution or lawful seizure of game. Fines, penalties, and judgments _ can not be reduced, remitted, or suspended except as expressly provided by law. q Warrant of arrest may be served on corporations by reading to president, secretary, _ or manager in the State or any general or local agent in county where action is pend- - ing, and thereafter the corporation is deemed in court and subject to its jurisdiction, _ and any fine imposed may be collected by execution against its property. Violation _-asto each animal or bird is a separate offense and two or more offenses may be a charged in same complaint, indictment, or iniormation, and violations to any num- _ ber of same kind may be charged in same count and punished as separate offenses; _ proof as to part of an animal or bird shall be sufficient to sustain charge as to whole. _ Perquisites—Commissioner, wardens, and other officers instituting prosecution - entitled to one-third of the fines and one-third of any sum recovered in a civil suit : instituted by them on account of game illegally wounded, killed, or possessed; when 4 104 GAME COMMISSIONS AND WARDENS. arrests are made by commissioner or wardens they are entitled, in case of convic-— tion, to the fees of constables in cases of misdemeanor, but such fees are paid only when collected from defendant. Officer seizing and selling game is entitled to mileage and $3 per day for time consumed, to be paid from proceeds of sale. Evidence.—Possession of game unaccompanied by proper license, permit, invoice, or certificate prima facie evidence of unlawful taking and possession, and person in possession of game shall produce such license, permit, invoice, or certificate upon demand of any officer and permit him to copy it; naming game upon menu as food for patrons of any hotel, restaurant, cafe, or boarding house prima facie evidence of pos- session of same by proprietor; possession of game in the field prima facie evidence that possessor has hunted said game withinthe year. The pamphlet oi game laws, rules, and regulations issued by the commissioner shall be accepted as prima facie evidence of the existence of such law, rules, and regulations in every court in the State. When requested by officer instituting prosecution any participant in violation of the law may testify against any other person charged, and his evidence shall not be used against him in any prosecution. Attempts to violate the law are punishable to same extent as actual violations; accessories are punishable as principals; persons fined shall be imfprisoned until fines and costs are paid or until they have served one day for each $5 thereof. Confis- cated game shall be sold unless cost of sale would exceed the proceeds, in which case it shall be donated to some needy person. Prosecution for felony must be begun within three years; for misdemeanor and civil action for recovery of fine, one year and six months. CONNECTICUT. (1) Officers: Commission of fisheries and game; established as commission on fisheries 1867, present commission established April 30, 1895; composed of three members; term two years; compensation of commissioners, $3 a day while actually serving, expenses; $200 per annum for the commission for clerical aid. Duties and powers.—To introduce, propagate, and distribute food fish and game, and enforce game laws. May authorize county fish and game warden to investigate violations of game laws in his county, expenses of such investigation not to exceed $15, payable from State treasury. Each commissioner vested with powers of a grand juror or prosecuting officer for prosecuting violations; commission required to report to governor biennially., County fish and game wardens.—One for each county, appointed by the commis- sioners for two years; may deputize any person to assist in detection and arrest of offenders. Special fish and game protectors.—Not less than 10 nor more than 20 for each county, appointed by county warden, holding office at his pleasure; have powers of other officers to arrest. . Wardens, their deputies, and protectors must take oath of office; may search with- out warrant any place or receptacle supposed to be used for keeping or convey- ing game illegally taken or possessed; may arrest- without warrant any person violating the game laws; entitled to fee of $20 to be taxed against defendant, as costs, in case of every conviction where arrest is made by them. Owner or occupant of land may arrest any person hunting, fishing, or trespassing thereon. (3) Game protection fund: All money received from resident, nonresident, and alien hunting licenses to be paid into the State treasury and set apart for the pro- tection and propagation of game. (4) Administrative provisions: Reception of game for shipment in unmarked package or addressed to a point out of the State prima facie evidence that same was killed for purpose of exporting; possession of gun or trap in any State game preserve eR MOET Vane Lome ee | Oe he here ee APY ae x im ie ye aay - CONNECTICUT—-FLORIDA. 105 presumptive evidence of violation of law; the taking of each rabbit with a ferret a a separate offense; one-half the fine for trespass upon a State game preserve paid to _ informer. Justices of the peace have jurisdiction of game cases where fine does not exceed $100 or imprisonment 30 days. Prosecution must be begun within one year. DELAWARE. (1) Officers: Delaware Game Protective Association, incorporated by public act in 1879 for twenty years, charter extended in 1899; has authority to promulgate regulations for protection and preservation of game. Every member authorized to arrest without warrant any person found violating game laws and to bring such persons before a magistrate for trial. (3) Game protection fund: Nonresident license fees used to pay expenses of association and for stocking State with fish and game. Fines and shipping license _ fees paid to association for use in enforcing law. Fines for violation of nongame- bird law paid to Delaware Audubon Society. (4) Administrative provisions: Affidavit of violation of law is ground for issue of warrant of arrest directed to a sheriff or constable; proof of probable cause for believing that game taken or held contrary to law has been concealed is ground for issue of warrant to search any place and to break open any compartment, chest, box, locker, crate, or basket; possession of wild fowl, together with a punt or swivel gun or, While possessor is on the water at night with artificial light, prima facie evidence of violation of law; failure to pay fine for hunting upon land of another without per- mission renders offender liable to forfeit his gun, which may be sold at the expira- tion of 30 days and proceeds applied to payment of fine, the balance, if any, to be returned to owner. Such fines are paid into State treasury. Justices of the peace have plenary jurisdiction of offenses against the game laws. Prosecution must be begun within two years. DISTRICT OF COLUMBIA. (1) Officers: Superintendent of Metropolitan police acts as game warden. No _ salary as such. bid, = ee ee S os = = (2) Game protection fund: Annual appropriation, $500. (8) Other officers: Health officers are empowered to enforce the game laws. (4) Administrative provisions: Any of the above officers may search any house, boat, market, box, cold storage, or other place, upon sworn information that Sn a game is concealed in violation of law; officer or any other person securing conviction entitled to one-half of fine. FLORIDA. (1) Officers: One fish and game warden for each county;@ recommended by county commissioners upon petition of seventy-five freeholders, and appointed by - governor; term, two years; bond, $500; salary not to exceed $60 a month, payable - from county treasury; also entitled to one-hali fine when they make affidavit or fur- nish evidence on which conviction is based. Duties and powers.—To supervise enforcement of game and fish laws in their coun- ties and to make complaint against offenders; have power to arrest, take before a _ magistrate, and subject to trial any person violating the game laws. Deputies.—As many as necessary, appointed by county warden. (2) Other Officers: In counties having no warden the sheriff is required to _ periorm the duties; sheriffs enforce game laws as they do other criminal statutes. 4For laws permitting additional wardens in Hernando, Hillsborough, Latayetie, and Polk counties see p. 157. OD hy Ee eid 8) Pel. oe pre tk Mae ee eee ee 106 GAME COMMISSIONS AND WARDENS. (3) Game protection fund: Fees from nonresident hunting licenses constitute a a fund in county treasury for use of commissioners in paying salary of warden. Ms (4) Administrative provisions: Magistrate before whom offender is brought — may order seizure of implements used in violating game law. Informers entitled | | to one-third of fines. Prosecution must be begun within two years. GEORGIA. (1) Officers: County game wardens; appointed by judge of the superior court upon petition of fifty freeholders; term two years. a * Deputy wardens.—One for each militia district in the county, appointed by county | warden, for two years and charged with enforcement of game and nongame bird ~ laws; may arrest ali persons found in act of violating game and bird laws and exer- — cise Same ministerial powers as sheriffs in arrest of persons charged with violating law. _ Compensation.—Costs and fees to which sheriffs are entitled for similar services and one-half of all fines collected when they are instrumental in securing convictions. Nongame-bird wardens.—One or more for each county, appointed by judge of supe- F rior court, with powers of sheriff to make arrests. Compensation.—One-half of all fines collected, the other half paid to school fund of county. (4) Administrative provisions: Judges of superior courts required to give the game and nongame bird laws in charge to Brand juries at each regular term of said court. Prosecution must be begun within two years. IDAHO. (1) Officers: State fish and game warden; office established March 13, 1899; term two years; bond, $5,000; salary, $1,800 per annum; allowance of $1,000 per annum for traveling expenses and $1,000 per annum for salary of a clerk, who has charge of the office, under bond of $3,000. Duties and powers.—To supervise in person the protection of game and fish and ~ enforce the laws relating thereto; to be an active executive officer and take the field in person whenever possible; to report quarterly to the governor, and biennially to the governor and legislature, and to issue hunting licenses. Deputies.—One chief and two assistant deputies; bond, $3,000; salary of chief deputy, $1,200; of assistants, $1,000 per annum; traveling expenses, $600 per annum; county deputies, one or more for any county, appointed by the State warden on request of ten or more resident taxpayers; bond, $£00; compensation, $3 per day, not exceed- ing 150 days of actualemployment each year; expenses allowed to each warden when performing duties outside his district. The State warden and deputies required to enforce the law, and inspect depots, cars, hotels, and other places where they have reason to believe game is held for storage, sale, or shipment; authorized to search tents, packs, wagons, and camps, with or without warrant, where they have reason — to believe game illegally taken is to be found; toseize game held in possession during _ the close season; to arrest, with or without warrant, any person found violating the law and take him forthwith before a justice, probate, or municipal judge haying jurisdiction for immediate trial. 4 (2) Other officers: Sheriffs, deputy sheriffs, constables, city marshals, and police officers are ex officio game and fish wardens, with all the powers of wardens, and are — required to enforce the game law in their respective jurisdictions. County attorneys — required to prosecute all cases in their respective jurisdictions. ; PG MOR ote RY hie Par ame aecl UM MC Ne an RC rete ae " ; Pui? ; - IDAHO—ILLINOIS. ‘ . LOT _ (3) Game protection fund: License fees and fines constitute a game and fish fund in the State treasury. (4) Administrative provisions: Licensee required to exhibit license when requested by warden. Prosecution must be begun within one year. q ILLINOIS. (1) Officers: State game commissioner; office established in 1899; term during incumbency of the governor making appointment; salary $2,500 per annum; allow- ance of actual and necessary traveling expenses and authority to engage not to exceed ten office employees. Duties and powers.—To enforce the law; to bring and cause to be brought actions and proceedings for violations; to report annually to the governor. Game wardens.—Sixteen in number, appointed by the commissioner with the— approval of the governor; salary $900 per annum and expenses; entitled to one-half of the proceeds of sale of confiscated game when they file complaint; jurisdiction throughout the State. Deputy game wardens.—Not to exceed three for each county, appointed by the commissioner; compensation not exceeding $2 per day of actual employment, neces- sary traveling expenses, and one-half of all fines when they file complaints; jurisdic- tion throughout the State. Special deputy game wardens.—As many as necessary, appointed by commissioner; compensation one-half fines when they file complaints. Commissioner and all wardens have full authority to serve and execute alli war- rants and processes of law issued by any court in the enforcement of the game law in the same manner as constables; may arrest on sight and without warrant persons _ detected by them actually violating the law and may take such persons before any competent court and make complaint, which court shall proceed with the case in the same manner as in misdemeanor cases; must cause an investigation of all viola- tions coming to their notice and cause proceedings to be instituted if the proof war- rants such action; must seize on sight, without process, game found in possession of any person or corporation contrary to law. Not lable Hal damages through wrong- ul seizure of game. (2) Other officers: Sheriffs, deputy sheriffs, coroners, and police officers are ex | officio deputy game wardens and are required to enforce the game law; States’ _ attorneys must supervise enforcement in their counties and prosecute all offenders on receipt of information of violations. (3) Game protection fund: License fees, one-half of all sums recovered in any ' penal action and of fines imposed when deputy warden files complaint, also one-half of proceeds of sale of confiscated game constitute a State game protection fund. (4) Administrative provisions: Any person may institute a prosecution in the _ name of the people of the State of Illinois before any justice of the peace or any court of competent jurisdiction; any person filing complaint in a penal action or instituting prosecution is entitled to one-half of the recovery; affidavit before justice _ of the peace by the commissioner or any warden that game is in possession of any _ person or corporation contrary to law is ground for issuance of a search warrant. directed to any constable of the county, commanding him to search for such game | and when found {o seize and keep it subject to order of the justice. (For further _ procedure see p. 163, secs. 19-22.) Seized game to be sold; licensee while hunting _ must have license with him ready to exhibit; action of aes hes for recovery of fine _ for violation of license provisions; alteration of license declared to be forgery and _ punishable as such; violators of trespass section of the law may be prosecuted before _ any justice of the peace or by indictment or information in any court in the county, i al are! r ei il te OC a ld ee bam are a DR a) Dal Oi tro ek Sa A Ilo i PAO Wa ko ne eg pith: ANT as uk soul eT e f a , a Lite om be 2 ay HY Aca eee Oe ag RR, Oe <2 pment aay e' ; : Na Park iets 108 GAME COMMISSIONS AND WARDENS. and cwners or persons in possession of the premises are not required to prove title - to the premises; the purchase, sale, exposure for sale, possession for sale, or conyey- ance contrary to law, of each animal or bird is a separate offense; sale, exposure for sale, or possession for sale of game during close season, except five days after close of open season, is prima facie evidence of violation of law; possession of game by transportation company in close season, even in course of transit through the State from another State, is prima facie evidence that it was killed or trapped contrary to law. Prcsecution must be begun within six months. INDIANA. (1) Officers: Commissioner of fisheries and game; office established February 13, 1899; term four years; bond $2,000; salary $1,200 per annum; expenses $1,200 per annum, payable from the general treasury. Powers and duties. —Required to investigate methods of preserving and propagating useful game and song birds; to introduce valuable game birds; to report results of investigations to general assembly biennially. Invested with all the powers of road supervisors and township trustees in enforcement of game laws; authorized to have his appearance entered with any prosecuting attorney when he brings action for violation of law, and to assist, personally or by deputy, in the prosecution. Deputy game wardens.—Appointed by commissioner; compensation allowed by commissioner, to be paid out of fish and game protection fund, but not to exceed $60 per month, except in case of chief deputy. Commissioner and wardens are peace officers for purpose of enforcing the game and fish laws and may arrest, without warrant or process, persons violating or attempting to violate such laws. (2) Other officers: Road supervisors required under penalty to enforce game laws or have them enforced. (3) Game protection fund: Resident and nonresident license fees and $20 taxed as costs In each case, where commissioner or warden brings action, are paid into State treasury to credit of fish and game fund to be used in paying expenses and rewards for enforcement of fish and game laws. (4) Administrative provisions: Same as in other criminal cases. Prosecution must be begun within two years; in case of hunting on Sunday within six months. IOWA. (1) Officers: State fish and game warden; office established October 1, 1897; term three years; salary $1,200 per annum, paid from State treasury. Duties.—To enforce the game and fish laws and to report bienniaily to the governor. Deputy game wardens.—Appointed by State warden, receive no regular salary, but are allowed reasonable compensation paid from game protection fund by supervisors of county, and, if informant, $5 extra, taxed as costs and collected from defendant. (County not liable for such fee.) State warden and deputies required to seize, with- out warrant, fish and game taken or possessed unlawfully, and authorized to seize and destroy, without warrant, devices used for taking game without being liable for such action. (2) Other officers: Sheriffs, constables, police officers, peace officers, and county attorneys required to see that the laws are enforced; sheriffs, constables, and police officers have same powers and authority as deputy wardens. Attorney-general — required to give his opinion on questions concerning the game laws, when requested _ by State warden. , (3) Game protection fund: Nonresident license fees paid into county treasury to credit of game protection fund. oa * * 9 ‘ ASCOT Te) ny I Ge LS Hi oe ei yi SBP IOWA—-KENTUCKY. 109 ve 4) Administrative provisions: Any person may institute proceedings to enforce game law, prosecuting attorney and informant each entitled to a fee of $5 to be paid by defendant. Seized game to be sold and proceeds used in paying expenses , of seizure, the balance to be paid into the school fund; possession of game in close season prima facie evidence of unlawful capture; proof of probable cause for believ- _ ing in concealment of game unlawfully possessed ground for issuance of search warrant _ to examine any place. Prosecution must be begun within three years. KANSAS. (1) Officers: State fish and game warden; office established in 1905; term, four _ years; salary, $1,500 per annum. _ Duties. —Enforcement game and fish laws, including inspection at reasonable times of all places where meat, fish, and game are kept for sale, shipment, or storage for im pay. — ~=—Deputy fish and game wardens.—One or more for each county, appointed by State warden upon request of ten or more resident taxpayers; removable by State warden at any time; entitled to same mileage as constables, and to receive $10, collected as - costs from defendant, in cases of conviction when arrest made by them. _ State warden and deputies invested with power of constables or police officers to arrest, without warrant, persons caught in act of violating the law, and with a warrant _ under other circumstances, and to bring the offenders before a proper court for trial; _ may demand production of a hunting license by holder. _ (2) Other officers: Constables, marshals, and police officers required to inquire _ into and prosecute all violations of game laws, and to make complaint in such cases _ without being liable for costs; may demand production of hunting license by holder; 3 neglect to prosecute renders them guilty of misdemeanor. If county attorney fails _ to prosecute any case the court may appoint an attorney to conduct it, who shall receive fee of $10, to be collected from the defendant upon conviction. q (3) Game protection fund: License fees paid into State treasury to credit of the q State game and fish warden fund. (4) Administrative provisions: Unnecessary for State in any prosecution to _ allege or prove the true or ornithological name of any bird, or that such bird was not taken for scientific purposes; possession of game, except by person lawfully killing it, or of Hungarian partridge, or Mongolian or Chinese pheasants, except for _ propagation, prima facie evidence of violation of law; violation as to each animal or _ bird a separate offense; $25 reward to be paid any person furnishing evidence leading to conviction for killing antelope. Prosecution must be begun within two years. KENTUCKY. (1) Officers: County fish and game wardens, one or more for each county; ap- _ pointed by the county judge to serve during his pleasure under bond approved by _ him; compensation, residue of all fines, in cases prosecuted by them, after payment _ of costs and expenses to other public officers, and usual sheriff’s fees for serving and + executing process. ; Duties and powers.—Required to enforce all laws for protection of fish, game, and birds. Authorized to execute and serve all warrants issued in any case under the _ garae laws, with powers of sherifis;.to arrest, without warrant, any person detected _ in the act of violating the law; to require aid in the execution of any process or in arresting, without warrant, any person found in act of violating the law; to seize, _ without warrant, game in the possession of any person found in act of violating the law and to confiscate such game and destroy the guns or other implements with ° Pe MeO TE Py GBs erty aig Pe aR Me PAT : IS a Ni i aie) ‘ ; 110 GAME COMMISSIONS AND WARDENS. which it was taken or killed, and to convey forthwith sent person before an trate having jurisdiction and file complaint against him. } (2) Other officers: Mayors of cities and towns required to “ahs! their olin en and constables search forand arrest persons having game unlawfully in possession or offering it for sale in close season; same police duties required of market masters and clerks. 28 (4) Administrative provisions: Proof that the law has been violated by a non- 4 resident, or person whose name is unknown, ground for issuance of a warrant for arrest of such person; proof of probable cause for believing that game unlawfully — taken has been concealed ground for issuance of a warrant to search any place and to arrest the person in whose possession said game is found; possession of game in close season prima facie evidence of illegal capture; unlawful killing, capture, pos- session, sale, or transportation of each animal or bird a separate offense, and two or — more offenses may be joined in same warrant or indictment; game and guns or other — implements with which game was killed or taken if found in possession of any person | in act of violating law may be seized and confiscated or destroyed; offender to be taken forthwith for trial before a court having jurisdiction. Informers entitled to — one-half of fines. Prosecution must be begun within one year. LOUISIANA. (1) Officers: Game wardens, one or more in each parish, appointed by the police jury. Powers.—To arrest without warrant any person found violating the law or hinting without license when one is required: to search without warrant any cold storage | or refrigerating plant, car, vessel, vehicle, or package in which they may believe q game birds are illegally kept, and to confiscate all game birds found in possession | of anyone during close season. a Any warden or peace officer may arrest on sight any person hunting without license when one is required. « (3) Game protection fund: Nonresident and unnaturalized foreign-born resident a license fees and all fines for violations of game laws, less informer’s half, are paid — into the State treasury and constitute a State game protection fund. (4) Administrative provisions: Licensees required to exhibit license to warden | or other officer upon request. Prosecution must be begun within one year from notification to a public officer — empowered to direct a public prosecution ; six months where the punishmentisa fine or forfeiture. MAINE. (1) Officers: Commissioners of inland fisheries and game; commission established in 1886; composed of three members—one, the chairman, who serves for three years, at a salary of $2,000 per annum; one, who serves for three years at a salary of $1,000, and one, the land agent, who serves as long as he is land agent, ata coleryd of $2,000 per annum. Duties and powers.—To introduce and distribute valuable food fish and birds; to see that the laws are enforced, to issue all licenses, and to report to the governor annually — , in December. Authorized to shorten or abolish, for periods of not more than four ~ years, any season for taking game or fish; to adopt rules and regulations necessary for carrying the law into effect; to grant permits for taking big game and birds for park - purposes in the State; to take game for propagation or scientific purposes; to adjust and pay irom funds derived from nonresident license fees claims for damage done crops by deer; vested with all powers of fish and game wardens in enforcing the law. © ait AINE, Pee i ¥ Fish and game wardens.—Appointed by the governor, upon recommendation of the commissioners, for three years; bond, $2,000; required to enforce the laws and regula- tions for the protection of game and fish throughout the State; required to arrest all violators and prosecute them; vested with powers of sheriffs to serve process and entitled to same fees therefor; authorized to require aid in executing their duties; to seize game and fish unlawfully taken or possessed and firearms of aliens hunting without license; to arrest, without warrant, persons believed to be guilty of violating the law, and to search and examine, without warrant, camps, wagons, cars, stages, 3 tents, packs, stores, warehouses, and other places, except dwelling houses and sealed _ railroad cars, where game is supposed to be concealed. Deputy game wardens.—Appointed by the commissioners; have same powers as - game wardens and are charged with same duties. _ Guides.—Nonresidents who enter upon wild lands of the State intending to camp or kindle fires while hunting, during certain months, must be in charge of registered guides. Guides required to report to commissioners number of persons guided and _ other information desired. (2) Other officers: Sheriffs, deputy sheriffs, constables, and police officers have same powers and charged with same duties as wardens and receive same fees. County attorneys are required to prosecute all violations coming to their knowledge. _ (3) Game protection fund: Nonresident and alien license fees, fines, and receipts - from sale of confiscated game and firearms of aliens, fees for licenses to guides, camp- _ keepers, taxidermists, hunters, trappers, marketmen, and dealers in skins, and for _ shipping fish and game, paid into the State treasury to the credit of the commission- ers of inland fisheries and game for use in enforcing game and fish laws. _ (4) Administrative provisions: All game killed, bought, transported, or had in _ possession in violation of law must be seized, and in case of conviction sold, but only _ for consumption in the State, seized firearms of unlicensed aliens must be sold; cor- _ porations may be arrested by service of attested copy of warrant, upon return of which _ they are deemed constructively in court and fine imposed may be collected by execu- tion; offender may obtain possession of his game which has been seized by giving bond _ in double the value of same; any officer authorized to enforce game laws may recover _ penalties by an action on the case in his own name or by complaint; municipal and _ police judges and trial justices have concurrent and original jurisdiction upon com- _ plaint, with supreme judicial and superior courts in all prosecutions under the game _ laws; participants in violation of the game laws may be compelled to testify, but their testimony can not be used against them in any prosecution; possession of moose and deer by a transportation company in close season prima facie evidence of illegal killing; possession of jack-light in any camp or place of resort for hunters in the inland territory of State prima facie evidence that it is kept for unlawful use, and such light may be seized by any officer. One-half of fines for destroying posters of _ the commissioners paid to informer; judges of municipal and police courts and trial justices required to make returns to the commissioners of prosecutions before them for violation of the game laws; warrants to search dwelling houses in the daytime only, and any other places at any time may be issued by any magistrate; on or before October 1 of each year the commissioners are required to notify the superintendent _of every transportation company in the State of the names of the wardens (restricted _toiour for any one company) designated by them to exercise the right of search; aliens must exhibit their license upon demand of any officer qualified to enforce game laws; possession of firearms by aliens on wild lands or in woods of the State without license prima facie evidence of hunting without license. i | Criminal prosecution must be begun within six years; action by an individual for . ecovery of a penalty within one year; and by the State within two years. ay GAME COMMISSIONS AND WARDENS. MARYLAND. (1) Officers: Game warden; office established April 4, 1896; salary, $1,200 per annum and part of fines when prosecutions are instituted by him or his deputies; allowance of $600 per annum for expenses; term, two years. ' State fishery force may be required to assist game warden in enforcing game and fish laws upon application to the governor. Deputy game wardens appointed by the governor upon recommendation of the warden, either for particular locality or for whole State; paid such sum as the game warden may agree with them, from fines or otherwise; receive one-half of net proceeds of sale of game when they make complaint. Game warden and deputies required to enforce the game laws and to obtain infor- mation concerning all violations; have powers and authority of constables and of policemen in cities; may arrest, without warrant, persons suspected or known to be guilty of violating the law. (2) Other officers: State’s attorneys and sheriffs required to advise and assist game warden and deputies when requested by them. (3) Game protection fund: Fines, after payment of costs, paid to game warden if prosecution is instituted by him or his deputies. (4) Administrative provisions: Informer receives one-half of fae the other half paid to school fund; affidavit of game warden or deputy to unlawful pos- session of game, ground for search warrant directed to any constable, who shall search for game, seize it, and return the warrant within not less than twelve hours nor more than twenty-four; upon return of the warrant the justice shall hear and determine the case, and if the game is found to have been possessed in violation of law, order sale of same; immediately upon entry of judgment constable must post two notices of sale, and at time mentioned in notice shall sell to highest bidder, giv- ing certificate of sale; appeal from judgment may be taken bv defendant within two hours; 10 per cent of proceeds of sale paid to constable for services as auctioneer, and 50 per cent of net proceeds paid into school fund; wardens not lable to damages for wrongful seizure; possession of big or swivel gun prima facie evidence of intent to use it in violation of law, and presence at night with gun near place where shooting occurred prima facie evidence that possessor has violated the law. Prosecution must be begun within one year. MASSACHUSETTS. (1) Officers: Board of commissioners on fisheries and game; composed of three members; organized in 1865; jurisdiction extended to game in 1886; term, five years. Duties.—To protect and propagate game and fish and to investigate questions relat- ing thereto; issue nonresident hunting licenses. 3 Deputy commissioners appointed by commissioners. Powers.—(sommissioners and deputy commissioners have power to arrest without warrant persons found violating game laws, and to search, with warrant, any boat, car, box, locker, crate, package, and any building, except dwelling house, for game taken or held in violation of law, and to seize such game. (2) Other officers: Members of district police and all officers qualified to serve criminal process have authority of commissioners and deputies in arresting violators and executing search warrants. (4) Administrative provisions: Possession of nongame birds prima facie evi- dence of unlawful capture and possession, and of deer, killed in the State, that pos- | sessor has violated the law; setting trap on land frequented by game and possession | of ferret in such place prima facie evidence of a violation of law; complaint under oath of the concealment of game unlawfully taken or held is ground for issue of oie + ean oe < ses a he + MASSACHUSETTS—MICHIGAN. 113 search warrant; game unlawfully taken or held, found under a search warrant, shall : be forfeited; one-half of fines, penalties, and forfeitures to be paid to complainant and one-half to Commonwealth, but where a deputy commissioner paid by the State rf “makes complaint the whole fine is paid to the State; unnaturalized foreign-born per- Sons must exhibit their licenses upon demand of any commissioner or deputy, war- den, or officer authorized to serve process, and nonresident licensees must produce _ their licenses to any person on demand. __ Action must be begun within one year if by individual for recovery of a penalty or Pa forfeiture, the whole or part of which inures to his benefit; otherwise within two. _ years. Criminal prosecution must be begun within six years. MICHIGAN. (1) Officers: State game and fish warden; office established in March, 1887; term, - four years; bond, $5,000; salary, $2,000 per annum; allowance ior expenses necessarily ~ incurred. Duties and powers.—Required to enforce game laws; to bring and cause to be _ brought, and to prosecute and to cause to be prosecuted actions and proceedings for violation of game laws; has powers of sheriff to serve criminal process and to require: - aid in executing it; may arrest, without warrant, any person caught by him in act. _ of violating law and take such person forthwith before a justice of the peace or mag- istrate having jurisdiction for trial; such arrests may be made on Sunday and the _ offender tried as soon as may be on a week day; may make complaint and cause. proceedings to be instituted without sanction of prosecuting attorney of the county and is not required to furnish security for costs; may appear in any case and prose- - cute it in same manner and with same authority as prosecuting attorney; has power _ to search any person and examine any boat, conveyance, vehicle, game bag, coat, or 4 other receptacle for game when he has good reason to believe that he will secure evidence of violation of law; must seize game and birds taken, killed, possessed, or _ shipped contrary to law and may do so without warrant; issues export licenses. Chief deputy.—Appointed by State warden; salary, $1,500 per annum; allowed actual and necessary expenses; during absence or disability of State warden may - execute duties of that office; must devote his entire time to duties of the office; must. - take constitutional oath. Deputy game wardens.—Not exceeding ten, appointed by State warden, compensa- tion $3 per day for time actually employed; have same power and authority as State warden. County game and fish wardens.—Not exceeding three for each county, appointed by State warden; compensation such as county supervisors provide, may be employed by individuals and clubs interested in enforcement of game laws within their respec- tive counties; have powers of the State warden, and are subject to his supervision and. control. _ Audubon Society wardens. —Four in number, appointed by State warden upon recom- -mendation of Michigan Audubon Society; have powers of deputy game wardens, but _ receive no compensation from State or county; territory assigned by Audubon Society. _ Wardens not liable for damages on account of any search or seizure made in accord- ance with law. _ (38) Game-protection fund: All fees from nonresident licenses and one-third of _all fees from resident licenses, export and scientific permits paid into State treasury for payment of salary and expenses of State warden and deputies. Twenty-five cents from every resident license fee paid into county treasury for use of county Supervisors in payment of deputy and county wardens, sheriffs, and constables for services connected with enforcement ot game laws. _ (4) Administrative provisions: Proot of probable cause for believing in con- cealment of game or birds killed, taken, possessed, had under control, or shipped 4 7 wu AS oe ha ye Coote Tike i. See ane ee eg xen 114 GAME COMMISSIONS AND WARDENS. eee 5. contrary to law, is ground for issuance of warrant to search any place, and to cause any building, enclosure, or car to be entered, and any apartment, chest, box, locker, crate, basket, or package to be broken open and contents examined by warden; ali persons violating law whether as principal, agent, servant, or employé equally liable with principal; any person liable for violation by his agent, servant, or employ done under his direction or with his knowledge; game, birds, and apparatus seized disposed of as court before whom the offense is tried, or any court of competent jur- isdiction may direct; violation as to each bird or animal a separate offense. Dogs pursuing or following upon track of deer declared a public nuisance, and may be killed by any person. Proof of possession of dead body, or part thereof of any game or birds in close season prima facie evidence of illegal killing, also that it was taken or killed in Michigan, to disprove which defendant must show by testimony of party who actually killed or caught it that it was taken in another State, and when- ever it is shown that such game was so killed or caught, it is prima facie evidence that it was killed or caught in violation of the laws of that State; interfering with wardens in their search for evidence of violations prima facie evidence that the per- son so doing has violated the law; possession of deer in red or spotted coat prima facie evidence of violation of law; wearing or possessing an artificial light in the woods prima facie evidence of aouilan of law; any person shown to have had pos- session of game or birds in close season must establish lawful possession thereof, and State is not required to aver or prove that it was not for purposes authorized by law. Prosecution must be begun within one year for violations of sections 5804-5809 of Compiled Laws of 1897 [relating to export of game and its possession when taken unlawfully in another State], otherwise within six years. MINNESOTA. (1) Officers: Board of game and fish commissioners; established in April, 1891; composed of five members; term four years; members serve without compensation, but are allowed their necessary expenses. Duties and powers.—Required to enforce game and fish laws; propagate useful game; collect and disseminate statistics and information germane to purposes of game laws; seize and dispose of all game and fish taken, killed, transported or possessed con- trary to law, and all implements unlawfully used; issue nonresident licenses; report to the governor biennially. They may employ such assistants and game wardens as may be necessary to carry out the law, and may fix their term of service and com- pensation; may secure specimens of game for exchange with commissioners of other States; may offer and pay rewards for information leading to arrest and conviction of offenders for violation of game laws, as follows—$50 for moose and caribou; $25 for deer, and $10 for game birds. Executive agent.—Appointed by commission from its members; must devote his entire time to duties of the office and exercise all rights and powers of commission when it is not in session; bond, $5,000; salary not to exceed $2,500. Wardens.—Such number and at such compensation as commission may deter- mine; bond, $500. Ailtorney.—Commissioners may employ an attorney or attorneys to appear for them in all civil actions in which they or their wardens may be officially interested; to perform such services as they may require; to asssist county attorneys in criminal prosecutions and when they do not prosecute, to conduct such prosecution in name of the State, with all the authority of such county aor) compensation fixed by the board and paid from its funds. Commissioners, executive agent, and wardens have full power and authority to serve and execute all warrants and processes of law issued by any court in enforcing the game laws in same manner as sheriffs and constables; to arrest without warrant persons found in act of violating the law; may call to their aid any sheriff, constable, ee ates ee Fae Ore Rd A eae Yer ' RAN he tin a Se, 2 Soe be ‘ MIN NESOTA—MISSISSIPPI. . 115 i Be pect hotels, restaurants, or any place commonly used for storage of meats, game, and fish; to seize game illegally taken, killed, shipped, or possessed; to seize, abate, & mn d destroy, without warrant, all ‘Heel contrivances for taking or killing game. (2) Other officers: Sheriffs, constables, and other peace officers are required to enforce game laws and have the powers bad are charged with same duties as wardens, Q cent in the inspection of hotels, restaurants, and storage rooms. County attorneys also required to enforce the laws. (3) Game protection fund: Appropriation, $35,000 per annum; license fees and all moneys collected by commission from whatever source, except fines (which are paid to the county), paid into State treasury and credited to game and fish fund, to _ be used in enforcement of the game and fish laws. (4) Administrative provisions: Agent or employé of another, or one acting through or by an agent or employé, not exempt from punishment; common carrier or its agent aiding or abetting in illegal shipment of game guilty of misdemeanor; attempt to ylolate law a misdemeanor; ‘‘ possession’’ includes actual or constructive possession. Evidence: Participant in violation may testify against any other person _ without incriminating himself and his testimony shall not be used against him; not - necessary for prosecution to allege or prove that game was not domesticated or taken for scientific purposes; possession of game in close season prima facie evidence that it was property of State when taken or killed, that it was taken in State, and that it was taken in close season, unless tag of commission is attached. Complaint showing ‘probable cause for belief that game illegally caught, killed, transported, or possessed is concealed or kept in any place, ground for issue of warrant to search such place and to break open any receptacle and examine contents. Confiscated game may be sold by commission; obstructing commissioners or any warden in discharge of his duties a misdemeanor; dogs used in violation of law public nuisance, and when so used may be killed by any person; licensee required to exhibit license to any person ‘upon request, and any licensee violating any provision of law shall upon conviction forfeit license and deliver same to court before which tried. _ Prosecution must be begun within two years. MISSISSIPPI. _ (1) Officers: County game wardens; appointed by county boards of supervisors, one in each county, on recommendation of ten or more citizens; term four years. ~ Duties and powers.—Required to report violations of game law; authorized to arrest all violators, to search, under warrant, any building not a private residence, any car, vehicle, vessel, or package; to confiscate all game found in possession in violation of law; exempt from liability for seizure of property unlawfully held in possession. _ Deputy game wardens.—As many as deemed necessary; appointed by the game warden for each supervisor’s district; term two years; same powers as warden. _ (2) Other officers: Sheriffs, constables, and city, town, and village marshals required to arrest, with or without process, anyone they know or have reason to believe is violating police regulations; to seize game, fish, and appliances found in possession of such offenders and convey such offenders before the proper justice of the peace, mayor, or police justice. _ (3) Forest and game protective fund: All license fees and 50 per cent of fines (c her 50 per cent paid to informer) collected under game laws constitute a county forest and game protective fund,’ to be used by boards of supervisors in paying wardens and deputies. (4) Administrative provisions: Game taken contrary to law or regulations of boards of supervisors, and guns, dogs, traps, and appliances used in taking game unlawfully to be forfeited; court adjudging such forfeiture to allow prosecutor reasonable compensation from proceeds; disposition of forfeited hunting parapher- _ 4358—No. 28—07—-9 ETM x Mi ? AY mA 116 GAME COMMISSIONS AND WARDENS. re nalia may be determined by board of supervisors; in case of delayed hari of Be offender, magistrate may cause seized game to be disposed of before hearing, proceeds being held to abide result; breach of any regulation, order, or resolution of board of supervisors a misdemeanor and violation of police order renders game taken and appliances used subject to forfeiture. Prosecution must be begun within two years. 4 MISSOURI.4 (1) Officers: State game and fish warden; office established in 1895; reorganized | in 1905; term, two years; salary, $2,000 per annum, with allowance of $2,000 per annum for traveling expenses. Duties and powers.— Required to supervise enforcement of game and fish laws; to direct prosecutions by county wardens when circumstances justify; authorized to make complaint and cause proceedings to be instituted against offenders. (2) Other officers.—Sheriff of each county is ex officio game and fish warden for his county, and his deputies and all constables and justices of the peacé are deputy — wardens; compensation, same fees and costs allowed in other criminal prosecutions; _ wardens may make complaint and cause proceedings to be commenced against offender. (4) Administrative provisions: Licensees required to exhibit their license te county wardens or deputies; wardens not required to furnish security for costs; wearing or having artificial light on the head prima facie evidence of hunting deer — therewith contrary to law; game transported unlawfully must be confiscated and delivered to charitable institutions. Prosecution must be begun within one year. R MONTANA. (1) Officers: State game and fish warden; office established March 18, 1901; term, — four years; bond, $3,000; salary, $2,400 per annum, and allowance of $2,000 per — annum for expenses and $1,200 per annum for salary of office clerk. | Duties and powers.—Required to examine into violations of game laws and institute — prosecutions; to issue hunting licenses; to report semiannually to the governor; has | power of sheriff for arresting and prosecuting; supervises deputy and special deputy | game and fish wardens; State warden is also State fire warden and ex officio mem- | ber of board of fish commissioners. nM Special deputies.—Not less than five nor more than twelve, appointed by the State — fish and game warden for four years; bond, $1,000; salary, $1,500 perannum; $300 per — annum for expenses, and same fees for services as allowed sheriff or constable; — required to examine into violations, institute prosecutions, and report to the State | warden monthly; vested with ee of sheriffs to arrest and prosecute throughout — the State; when peadeaae services outside of his district a warden is entitled to he 4 actual eid necessary expenses. a Deputies.—Appointed by the State warden and yested with same powers as special — deputy wardens. % All wardens have authority to arrest, without warrant, any nonresident found in ~ the fields or forests or upon the waters of the State with a gun if he has nota’ license; to search any'person, boat, conveyance, vehicle, fish box or basket, game | bag or coat, or any other receptacle for evidence of violation of law, and to seize (and may do so without warrant) game unlawfully killed, taken, shipped, or possessed; «By repeal of act of March 10, 1905, the State game protection fund was abolished, and there is now no provision for deputy or county wardens except sheriffs and other peace officers. 7 DE te eae lel a ila ey aOR gat abe Th Te Gules as Ae ; é a Lea uf Bat * ‘“MONTANA—NEBRASKA. 117 Ly prosecute without giving security for costs, and may require a person in posses- 8 ion of a license to identify himself. _ (2) Other officers: Guides (packers are raqiined to qualify as such) reguteed to take oath of office as deputy game wardens and to report to State warden at expira- tion of time for which employed; sheriffs, deputy sheriffs, and peace officers have _ powers of deputy game wardens, except in seizure without warrant; sheriff, peace _ officers, and county attorneys must prosecute violators when ‘ikarmned of violation _ of law, and failure to do so renders them liable to fine and imprisonment; sheriffs and peace officers may arrest without warrant any nonresident found with gun in _ fields or forests or on streams without license. (3) Game protection fund: All fines, license fees, and other money collected under game laws to be paid into State treasury to credit of fish and game fund for _ payment of salaries and expenses of game and fish department. Proceeds from sale 3 of firearms of Indians hunting outside their reservations (when seized by warden), to be paid into same fund. (4) Administrative provisions: Proof of probable cause for believing game un- lawfully shipped or possessed has been concealed is ground for issue of search war- rant by any court having jurisdiction of offense, directed to any warden, sheriff, deputy sheriff, or constable to search any place, building, apartment, inclosure, or ear, and to cause any chest, box, locker, crate, basket, or package to be broken _ open and contents examined ; possession of dead body or part thereof of game prima facie evidence of killing on part of possessor, and of gun in field or forest or upon waters of the State by a nonresident who has not a license prima facie evidence of violation of law; game seized to be sold for highest price, purchaser to receive cer- - tificate of sale, and if person possessing seized game is convicted proceeds to be paid - into game fund, otherwise to defendant ; no liability incurred by officers for seizure and sale; wardens required to seize and sell firearms of Indians hunting outside an Indian reservation; judges of district courts required to call attention of grand juries - to game laws; grand juries required to investigate all violations and if evidence _ warrants to indict; fines, bonds, and penalties may be collected by civil action - in name of State. Extradition.—If in any trial for a felony it is shown that defendant has violated the game law of another State the court shall hold him for ten days or time neces- sary to allow such State to extradite him, and county attorney shall immediately notify proper officers of such State of the facts. _ Prosecution for misdemeanors must be begun within one year; for felonies within _ five years ; civil actions within two years. —— oe NEBRASKA. _ (1) Officers: Game and fish commissioner; office established July 1, 1901; gov- _ernor to be commissioner; term two years. : _ Duties and powers.—Required to protect, propagate, and breed valuable fish and game, song and insectivorous birds; to collect and distribute useful information con- _ cerning their protection and propagation; to publish and enforce the laws; to pre- scribe necessary rules, regulations, and forms; and to issue licenses. — Deputy game and fish commissioners.—Two in number, appointed by governor for _ two years, one to be chief deputy with office in Lincoln, one to have charge of fish hatcheries; chief deputy to receive salary of $1,500 per annum and expenses not exceeding $500; three deputies appointed by governor at $75 per month and expenses hot exceeding $300 per annum while actually employed; governor may also appoint deputies for special purpose, who have authority of other deputies for that purpose but without compensation, and a secretary at a salary of $75 per month, or chief deputy may be made secretary with $300 addition to yearly salary. 118 GAME COMMISSIONS AND WARDENS. —— Commissioner and deputies required to enforce the laws; vested with the powers — of sheriffs to arrest and serve civil and criminal process in connection with their duties, and entitled to receive same fees as sheriffs; required to arrest, with or with- out warrant, violators of the law, and, with or without warrant, to open and examine, — all places where game illegally taken or held is supposed to be and, if any be found to seize the same; to seize all game brought into the State in violation of non- export laws of another State and to dispose of the same in accordance with the laws of Nebraska. (2) Other officers: Sheriffs and constables required to enforce game laws and to seize game or song birds taken or held in violation of law; to arrest, without warrant, any person they believe guilty of violating law, and with or without warrant, to open, enter, and examine all camps, wagons, cars, stores, stages, tents, packs, ware- houses, outhouses, stables, barns, boxes, barrels, and packages for evidence of viola- tion of law, and to seize any game or birds illegally held therein; county attorneys required to prosecute all offenders and see that laws are enforced, and constables, sheriffs, and police officers required to inform against and prosecute offenders. Any failure of such officers to perform their duties renders them liable to punishment for misdemeanor. (3) Game seoteeticn fund: [The constitution of the State directs all fines, pen- alties, and license moneys, arising under the general laws to be applied exclusively to the support of public schools, hence there can be no game protection fund other than regular appropriations. | (4) Administrative provisions: Dwelling houses may be entered only under authority of search warrant. Officer seizing game may, by paying reasonable com- pensation, take possession of and use vehicle employed in carrying such game for transportation to nearest railroad station, but public conveyance can not be so used. Civil action may be brought by commissioner for possession or value of game ille- gally held or shipped and writ of replevin shall issue without bond. Civil action no bar to criminal prosecution and vice versa. Proof as to part of a bird or animal suffi- cient to sustain charge as to whole. Violation as to any number of animals or birds of the same kind may be included in the same count and punished as separate offenses. Possession of game unaccompanied with valid license, prima facie evidence of unlawful killing; licensee must permit any officer to inspect and copy license; corporations may be brought into court by reading warrant of arrest to president, secretary, or manager, and fines enforced by execution against its property; no ques- tion of title to property trespassed upon shall defeat prosecution unless defendant shall establish his right to same; possession of game in close season for shipment or in transit prima facie evidence of violation of law; duty of every person when game is offered to him for shipment in close season to report same to commissioner or deputy; game seized and confiscated to be given to charitable institutions; adver- tising game on menu during close season, prima facie evidence of possession by pro- prietor; nets, traps, and other devices, except guns, used for illegal capture of game, to be summarily destroyed by any person and no liability incurred for such destruc- tion; all fines and license fees to be paid into school fund; corporate authorities of any city, town, or county shall pay complaining witness out of general fund an amount equivalent to one-half the fine in every conviction; any person may prose- cute in name of State. Prosecution for offenses for which penalty prescribed by law is fine of less than $100 or imprisonment less than three months, must be bese within one year; other- wise within eighteen months. | NEVADA—-NEW JERSEY. — 119 NEVADA. © (1) Officers: One fish and game warden for each county appointed annually by board of county commissioners, upon petition of twenty resident taxpayers; salary not to exceed $20 per month, to be paid from general fund of county. Duties and powers—Required to enforce game laws and may arrest violators in any _ county in the State. Deputies appointed by county wardens have same powers. Prosecution must be begun within one year. NEW HAMPSHIRE. (1) Officers: Board of fish and game commissioners; established 1878; composed _ of three members; term, five years; compensation, chairman $1,000, others $800 per annum and necessary expenses. Duties and powers—To enforce game and fish laws; to prescribe regulations for transportation of game out of the State; to confiscate game illegally taken, and sell 4 the same; to issue licenses; to publish the lawsin pamphlet form at the end of a each session of the legislature and to report biennially to the governor. 3 Special detectives appointed by board to assist in any prosecution, to be paid from fish and game fund. Commissioners and detectives have powers of constables and may arrest on sight persons violating the law and any nonresident refusing or failing to exhibit his - license; any person refusing to state his name shall be deemed a nonresident for the purpose oi such arrest. Detectives, constables, and police officers shall seize and destroy all guns or _ implements used in violation of law. (3) Game protection fund: Fines, penalties, fees from nonresident licenses, and _ proceeds of sale of confiscated game to be paid into State treasury to credit of fish _ and game detective fund. _ (4) Administrative provisions: Possession of carcass or hide of any moose, caribou, elk, or fawn or of more than two deer, or of game out of season, prima facie a evidence that holder has hunted and killed same in violation of law; nonresident _ required to have license in his possession while hunting and to exhibit same to any _ person on request. ___ Prosecution for offenses for which penalty is fine of less than $100 or imprisonment less than six months must be begun within one year; otherwise within six years. NEW J ee a e. (1) Officers: Board of fish and game commissioners; board established March 22, 1895; composed of four members; term, five years; no salary, but members entitled to $200 each for traveling expenses. Duties and powers.—Required to protect, propagate, and distribute fish and game; to enforce the game laws; to enforce such laws upon view or information, by arrest and prosecution of offenders without warrant or complaint; to report to legislature annually, with such recommendations as they deem useful; to exercise powers _of wardens in enforcing the laws. Fish and game wardens.—Twenty-five in number, appointed by the board for one _ year, or during its pleasure; one to be fish and game protector with supervision over . _ others, salary $100 per month and an allowance of $300 per annum for expenses; the others to receive $50 per month and expenses not to exceed $200 per annum; required to eniorce the laws; empowered to execute all processes connected ees enforcement of game laws; to serve subpcenas; to callin aid of any constable, sheriff, or other peace officer when necessary for enforcement of the laws; to make summary _arrests in cases of flagrant violations. 120 GAME COMMISSIONS AND WARDENS. Deputy fish and game wardens.—Number deemed necessary by the board; have all — powers and authority of the game and fish wardens and entitled to fees and emolu- ments of, and subject to the regulations provided for, such officers; receive no salary © from the State. All foregoing officers have authority of constables and power to arrest, without warrant, persons violating the game laws in their presence, to take such offenders before the proper court, and to make complaints against them; are entitled to same fees as constables; have right to search, without warrant, any boat, conveyance, vehicle, game bag or coat, or other receptacle when they have reason to believe that game laws have been violated; and to seize any game unlawfully taken, caught, killed, possessed, transported, or about to be transported. (2) Other officers: Constables, police officers, and members of incorporated game societies have power to institute prosecutions and to arrest, without warrant, persons violating the law in their presence. (3) Game protection fund: Nonresident license fees to be used to pay expenses of protecting and propagating game; one-third of fines or penalties to be paid to the board to be used in protecting game. (4) Administrative provisions: Justices of the peace, district courts, and police magistrates have jurisdiction to try all offenses against game laws; penalties may be recovered in county where offense was committed, where offender is first appre- hended, or where he may reside; such courts, upon receiving complaint in writing, duly verified, of a violation of law, are required to issue a warrant directed to any officer charged with enforcement of the game law commanding him to arrest the person charged and bring him before the court to be summarily tried, and in case of violation by a corporation the summons shall require such corporation to appear before the court on a day stated to answer said complaint, the summons to be served on the president, vice-president, secretary, superintendent, or manager of such corporation not less than five days before appearance day; complaint must specify the section of the law violated, and the time when and place where com- mitted; proceedings for recovery of penalties must be brought in thé name of the State with one of the officers charged with enforcement of the law as prosecutor; proceedings may be instituted and process served on Sunday; defendant not entitled to a jury; prevailing party recovers cost against the other; court may grant not more than thirty days’ time for either party to prepare for trial; any party to a proceeding may appeal to the court of common pleas of the county; witnesses not excused from testifying because their testimony might incriminate them, but such testimony can not be used against them; proof or probable cause for believing that game illegally taken, killed, caught, possessed, has been concealed, or shipped, is ground for issu- ance of a warrant directed to a commissioner or warden commanding him to search any place and examine contents of any receptacle; all game seized to be disposed of as court may direct; persons furnishing evidence to secure conviction and person making complaint each entitled to one-third the fine; possession of deer and water- fowl in close season prima facie evidence of illegal possession. Prosecution must be begun within two years. NEW MEXICO. (1) Officers: Game and fish warden; office established March 12, 1903; term, two years; bond, $2,000; salary, $1,800 per annum. Deputy wardens for each county appointed by warden; compensation one-half of all fines resulting from prosecutions instituted by them. All wardens required to enforce laws, institute or cause to be instituted prosecu- tions for violations, arrest violators, and secure evidence against them. Fines. —One-half to be paid into county treasury for school purposes. Prosecution must be begun within two years. AOI IAS a Kanak WEL ia 1 28 Bt ea aol a me Gd eco) det oo" 5 Py ere : “NEW YORK, 121 NEW YORK. (1) Officers: Forest, fish, and game commission; established 1895; reorganized 1901 with one commissioner; term, four years; bond, $10,000; salary, $5,000 per annum and necessary expenses; may appoint a secretary and other necessary clerical assistants. Duties.—To enforce forest, fish, and game laws; to establish three deer parks for breeding deer and wild game; care for and control forest preserves and parks, and perform such other duties as the legislature may provide for; must take constitu- tional oath; required to issue licenses, and to report annually, not later than Septem- ber 30, to the legislature. Deputy commissioner.—Appointed by commissioner; bond, $10,000; salary, $2,500 and necessary expenses; authorized to act for commissioner when latter is absent or unable to act; must take constitutional oath. Game prolectors.—Seventy-five in number; appointed by commissioner, to hold office during his pleasure, one to be chief protector with supervision over others; sal- ary, $2,000 per annum and traveling expenses not over $1,000; after five years’ service salary may be increased $500; three to be assistant chief protectors; salaries, first assistant, $1,400; second and third assistants, $1,200 per annum, and traveling expenses not over $750; other protectors, salary $600 per annum and expenses not over $450, also one-half of fines and penalties when recovered upon information fur- nished by them. They are required to enforce game and fish laws, execute all war- rants, serve summons issuing from justice’s court and subpcenas, search without war- rant boats, cars, lockers, baskets, crates, game bags or other packages, and build- ings, and with warrant any dwelling house to ascertain whether the laws have been violated; arrest, without warrant, persons violating laws in their presence; kill dogs found chasing deer in the Adirondack Park, and report monthly through the chief protector to the commissioner. Special gume protectors may be appointed by commissioner when recommended by supervisors of county or by game clubs, to have powers of game protectors, except searching without warrant; to serve without compensation from State and report to the chief protector. (2) Other officers: Peace officers have same powers as game protectors, except right of search without warrant. (3) Game protection fund: Annual appropriation; fines and penalties are paid to commissioner, who pays the cost of collection out of same; one-half penalty col- lected in any action by individual or game society also paid to commissioner. (4) Administrative provisions: The game laws are almost exclusively enforced by civil actions for recovery of the penalty, and such actions must be brought on order of chief protector or commissioner, and if in a justice’s court may be brought in town or county where penalty is incurred or in the county where defendant resides; commissioner may employ special counsel to prosecute, and he fixes com- pensation therefor; any person, on giving security for costs, or any society or cor- poration for the protection of game, may recover in his or its name penalties for violation of game and fish laws, and in case of collection receives one-half thereof; probability of concealment of game illegally captured is ground for issue of search warrant; possession of deer in last ten days of open season presumptive evidence of -unlawtul taking; no one excused from testifying because his testimony might tend to convict him of a crime, but such testimony can not be used against him in any prosecution, and when he is called by State and so testifies any prosecution of him under the game laws, about which he testified, is barred; any person may summarily destroy devices for unlawiully taking fish and game, without liability therefor; presence of dog in forest inhabited by deer presumptive evidence that owner thereof is violating law and such dogs may be killed by any person; possession of flesh or SE TE RTE or eeated keer hhh nt a | we GAME COMMISSIONS AND WARDENS. any part of moose, elk, caribou, or antelope in open season for deer presumptive © evidence of illegal capture by possessor; courts of special sessions, police courts in towns and villages, and courts in cities having jurisdiction to try misdemeanors shall have exclusive jurisdiction of offenses under game laws, and such jurisdiction shall extend throughout the county. Action must be begun within two years. NORTH CAROLINA. (1) Officers: Audubon Society of North Carolina; incorporated March 6, 1908. The secretary is the chief executive officer of the society. Objects and powers.—To promote among the citizens of the State an orpradtetae of the value of song and insectivorous birds; to encourage the instruction of children on the subject; to secure enactment and enforcement of necessary laws for the preser- vation of birds and game; to appoint officers to enforce such laws; and to raise funds for carrying out the objects of the society. Treasurer appointed by governor; term, during good behavior; required to report annually to governor. Secretary elected annually by the society; salary, $1,800 per annum. Bird and game wardens appointed by governor upon recommendation of secretary; to hold office during good behavior; compensation fixed by society; have powers of constables; required to prosecute persons or corporations having game in possession contrary to law; to see that the laws are enforced; and to obtain information regard- ing all infractions thereof. (3) Game protection fund: Proceeds from nonresident licenses and sale of game seized remitted to State treasury to constitute a fund known as the ‘bird and game fund,’ and to be paid out upon orders and vouchers of Audubon Society. (4) Administrative provisions: Affidavit of reasonable cause for believing game to be in possession of common carrier in violation of Jaw ground for issue of search warrant directed to warden to search cars, warehouses, and receptacles, and to seize such game; seized game to be sold at auction by warden, and purchaser to receive a certificate of lawiul sale; nonresident required to exhibit his license to warden or police officer on demand. Prosecution must be begun within two years. NORTH DAKOTA. (1) Officers: One district game warden for each of two districts; original office estab- lished in 1895 and reorganized in 1903; term, two years; bond, $1,000; compensation, 30 per cent of license fees and one-third proceeds of sale of confiscated game. Duties.—To superintend and aid in enforcement of laws. Deputy game wurdens.—Appointed by district game wardens in their respective dis- tricts, one for each county having less than 3,000 inhabitants, two for each county haying more than 3,000 and less than 7,000, three for every other county, and special deputies, when considered necessary By the warden, to serve during his pleasure; compensation, 40 per cent of license fees, two-thirds of proceeds of sale of confiscated game, and such fees as constables are entitled to when making arrests; required to inform themselves of all violations and prosecute same, and to arrest offender under warrant sworn out before any justice of the county or without warrant if offender is caught in act of violating law, in which case party arrested shall be immediately taken before a competent court and a warrant obtained; to report seizure of game to district game warden at once and turn same over to hint on request. All wardens have powers of constables for enforcing game laws; are required to seize game illegally killed, shipped, or possessed, and may do so without warrant. (2) Other officers: Peace officers required to seize game taken, shipped, received SS ee NORTH DAKOTA—OHIO. | 123. for shipment, had in possession or under control in violation of law, and may do so. without warrant; to report seizure to district game warden and turn same over to. "a iin on request; entitled to two-thirds proceeds of sale of game seized by them. _ (8) Game protection fund: Eighty per cent of fees from hunting licenses and proceeds from sale of confiscated game are paid to wardens for their services; 20 per ~ cent license iees paid into State general fund. (4) Administrative provisions: Proof of probable cause for believing that game _ taken, shipped, or possessed in violation of law has been concealed is ground for issue of search warrant by competent court to search any place described in warrant and to break open any apartment, chest, box, locker, crate, packet, or package and - examine contents; game seized by deputy wardens and peace officers considered in _ possession of district warden and subject to his direction, to be sold within State with understanding that purchaser may deal with it as if killed or possessed law- fully; misdemeanor to hinder or obstruct any officer in discharge of duty; State’s _ attorneys required to prosecute any Indian violating law; hunting license subject to inspection by any person on demand; 20 per cent of license fees paid into State gen- eral fund and 10 per cent retained by county auditor for his services in issuing license. Prosecution must be begun within two years. OHIO. _ (1) Officers: Commissioners of fish and game; commission established in 1886; - composed of five members; term, five years; bond, $2,000; serve without salary, but _ entitled to all their expenses. Have complete control of all matters pertaining to birds, fish, and game, and required to enforce the laws for their protection. q Chief warden.—Appointed by commissioners for two years; bond, $2,000; salary, $1,500 per annum and expenses, not to exceed $1,000, paid from appropriation for use of commissioners; required to visit all parts of the State to direct and assist _ other wardens. Deputy State wardens.—Such number as necessary appointed by commissioners for two years; bond, $200. b Special wardens.—Appointed by commissioners in such number and for such period. as commissioners may direct; have all the powers of deputy State wardens and required to perform the same duties; bond, $500. Compensation of wardens.—Commissioners may direct that any fines collected in prosecutions by deputy State wardens be paid to them, and all wardens are entitled to same fees as a sheriff is paid in like cases under the criminal laws; commissioners may pay deputy State and special wardens such compensation from funds appro- priated for their use as they deem proper. _ All wardens required to enforce the laws for protection of birds, game, and fish, e end to search any place where game is unlawfully possessed; empowered to execute : and serve all warrants and processes of law arising from enforcement of game laws in same manner as sheriffs; may arrest on sight and without warrant persons detected by them in act of violating law; have power of sheriffs to require aid in executing any process; must seize, and may do so without warrant, game unlawfully in possession, and guns, traps, and other devices with which the same was taken. oe Other officers: Sheriffs, deputy sheriffs, constables, and other peace officers: required to enforce laws for preservation of birds, game, and fish; have same powers $s wardens and entitled to same fees; prosecuting attorneys receive 20 per cent of fines collected in prosecutions conducted by them. * 3) Game protection fund: Fines, penalties, and forfeitures (unless otherwise directed by commissioners) to be paid to president of commission and by him placed in State treasury to cred’t of fund for use of commissioners; nonresident license fees. a ew ee CN SO eae! a ee ee 124 GAME COMMISSIONS AND WARDENS. and fees for permits to collect birds for scientific purposes are also pat sale s treasury for use of commissioners. ayak (4) Administrative provisions: Persons arrested without warrant to be im- mediately taken before a magistrate, and upon complaint made by warden to be — tried; arrest may be made on Sunday, and offender required to give bond for his — appearance on a week day as soon as practicable after arrest; prosecutions by wardens — and police officers for offenses not committed in their presence can only be instituted — on approval of prosecuting attorney or under direction of attorney-general; guns, — nets, traps, or other devices used in unlawful capture of game or birds declared — public nuisances to be seized and forfeited to State; cost of seizure to be a lien on such property subject to no exemption, and a writ of replevin not to lie to regain possession of such property, but latter to be held to await final determination of case; _ warden or officer seizing implements must keep them and within three days institute — proceedings for their condemnation, such implements to be sold and proceeds paid — into State treasury; if defendant pleads guilty no condemnation proceedings neces- — sary; officer or person filing complaint entitled to writ of error to review adverse — decision. (For further details see pp. 223-225, secs. 8,9, and 10.) Discovery of any — gun, net, trap, or other device set, maintained, or used in violation of law, prima facie evidence of guilt of person using, owning, or making claim thereto, and unlawful possession of game, prima facie evidence of guilt of possessor; reception of game for shipment to a point without the State, prima facie evidence that it was killed or ~ taken for purpose of so shipping; licensee required to carry with him his license and | to exhibit to any warden or officer on demand. Seized game to be forfeited to the® State. Prosecution for Sunday hunting must be begun within ten days; for other offenses — within three years. OKLAHOMA. (1) Officers: Territorial game and fish warden; office established March 10, 1899; term, four years; compensation, one-half the fee taxed in each conviction, and fees : of eas for making arrests and serving process a Duties and powers.—Required to enforce game Bae fish Jaws and to bring or cause — to be brought actions and proceedings for violation of law; authorized to prosecute — in same manner as, and without sanction of, county attorney; to examine any boat, ‘ conveyance, vehicle, fish box or basket, game bag or coat, and any other receptacle — where he has reason to believe evidence of violation of law will be secured, and to seize, with or without warrant, game unlawfully taken, possessed, or transported; vested with power of sheriffs to serve criminal process and to require aid in exe- cuting the same; authorized to arrest, without warrant, any person caught by him > Violating laws; directed to search any place, without warrant, for game he has reason ~ to believe is held for shipment, and seize same and arrest, without warrant, the per- j son in whose possession it is found. County game and fish wardens.—Appointed by warden, with like powers, and author-— ized to appoint deputy county wardens with like powers. County wardens and their deputies receive one-half fee taxed in every conviction within their county. (2) Other officers: All county and township officers required to file affidavit against persons known to them to have violated the laws. Sheriffs, marshals, and | constables required to search, without warrant, any place where they believe or are informed that game is held for transportation and arrest the party in possession. . (4) Administrative provisions: Any person may prosecute violators and with- out bond for costs; resisting or hindering officer making search prima facie evi- dence of violation of game law; proof of probable cause for believing that game unlawfully possessed has been concealed is ground for issue of search warrant to enter any compartment, chest, box, locker, crate, basket, or package; game seized to be disposed of as court may direct; wardens not liable for such seizure; persons OKLAHOMA—OREGON. £25 hindering or obstructing wardens guilty of misdemeanor; arrests may be made on Sunday when law is violated on that day; in prosecutions in justice’s court fee of $10, and in district court fee of $25, taxed as costs against defendant, to be distributed equally between Territorial game warden and county warden; possession of game _ prime facie evidence of killing within Territory, and fact that game protected by Oklahoma was killed elsewhere prima facie evidence that it was killed there unlaw- fully; county attorney required to institute suit against common carriers for violation of transportation laws, and a fee of $100 to be taxed as costs, to be paid to such attor- ney; fee of $10, taxed against defendant in case of sale of game, to be paid county attorney prosecuting; in prosecutions for violating law against transportation of game informer entitled to one-half of fine, and a fee of $50, to be taxed as costs in such ease, to be paid to county attorney conducting prosecution. Prosecution must be begun within three years. OREGON. (1) Officers: State game and forestry warden; office established February 18, 1899; term, four years; bond, $5,000; salary, $1,200 per annum and expenses not to exceed $500 per annum. Duties and powers.—Required to enforce game laws; eine or cause to be brought actions and proceedings to recover fines and penalties, or to inflict punishment; to issue market hunting licenses; to report annually on the Ist of December to the gov- ernor; to seize, with or without warrant, game unlawfully taken, killed, shipped, or possessed; authorized to search, with or without warrant, boats, conveyances, vehi- cles, game bags, coats, and other receptacles, cold storage rooms, and packages or _ + boxes held for shipment or storage believed to contain evidence of a violation of law without liability for such search and seizure; authorized to search any person who he has reason to believe has in his possession evidence of violation of game laws. Special deputy game and forestry wardens.—As many es may be necessary, appointed by State warden, for such time as he designates, and vested with same powers given him; compensation fixed by State warden, not more than $2 per day for time actu- ally employed, necessary expenses, and one-third of fines in certain cases where they prosecute. __ All wardens have authority to arrest, without warrant, persons found by them __ violating the game laws and to take such persons before any court haying jurisdic- ® tion for trial. q (2) Other officers: Sheriffs, deputy sheriffs, and constables are ex officio game, fish, and forestry wardens and have powers of such wardens; required to report under oath to the circuit court at every term any violations known to have occurred within the county; entitled, in addition to all other fees, to one-third or one-half, accord- ing to law violated, of the fine in cases prosecuted by them. (3) Game protection fund: License fees and fines collected for violation of hunt- ing license laws constitute a game fund. - (4) Administrative provisions: Proof of probable cause for believing that game illegally possessed has been concealed is ground for issue of a warrant to search any building, inclosure, car, boat, compartment, chest, box, crate, basket, or package; seized game to be disposed of as court before whom offender is tried, or any compe- tent court, may direct; possession of game in close season prima facie evidence such game was taken in violation of law; interference with an officer searching for evi- _ dence of violation prima facie evidence that person so doing is guilty of violation of law; district attorney to prosecute violations on order of State warden; informers | entitled to one-half the fine in certain cases, and after payment of expenses of trial the remainder, if any, to be paid into general fund of State; licensee required to exhibit license upon demand to any officer charged with enforcement of game laws _ or to any person upon whose lands he may be hunting. _ Prosecution must be begun within two years. 126 - GAME COMMISSIONS AND WARDENS. PENNSYLVANIA. members ; term, three years; no compensation. Duties. —To protect and preserve the game animals and birds and nongame birds; to | enforce the game laws; to collect, classify, and preserve data and information rela- tive to game protection; to report to the governor annually in December. Game protectors.—Ten in number, appointed by board, one to be chief protectorand — secretary, with supervision over the others; term during pleasure of board; bond, chief protector $1,000, others $500; protectors may receive salary or per diem, as board may agree with them, and expenses, exclusive of traveling, not to exceed $2 per day. They have power to serve all processes, to arrest, without warrant, per- sons violating the game law in their presence; to arrest on Sunday; to search, with- out warrant, any place for game when they have good reason to believe that the laws have been violated, and to seize game unlawfully possessed; in making arrests may call any citizen to their aid; may purchase and sell game when by so doing they can discover violations of law, game so used to be delivered to some charitable institution when no longer needed for evidence. Deputy game protectors.— One for each county, appointed by board; bond, $300; have all the powers of protectors and receive same compensation as constables for similar services. Special deputy game protectors.—Number at discretion of board, which makes the appointments; serve without compensation from State or county; have the powers of game protectors. All officers required to enforce the game laws, and authorized to seize guns, shoot- ing paraphernalia, and game belonging to party suspected of hunting without license; are exempt from liability for seizureof game, guns, and appliances in accord- ance with law. (2) Other officers: Constables are ex officio game wardens for their respective counties, have powers of protectors; in addition to statutory fees are entitled to $10 for every conviction upon their testimony, one-half to be paid by the county, other half by the State; required to report any violation known to have occurred in their county to the court of quarter sessions at each term. Police officers and market clerks are required to arrest persons having game unlawfully in possession and vend- ing same; members of State police force empowered to act as game wardens. Forest wardens vested with power to arrest, without warrant, persons violating game laws on the forest reserves. (3) Game protection fund: All penalties recovered where protectors or deputy protectors prosecute and one-half, less expense of recovery, where they furnish eyi- dence, paid to secretary of board for its use; in other cases, with a few possible exceptions, informers are entitled to one-half the fines; other half paid to State; one-hali the license fees paid into State treasury for use of board, other hali into county treasury. (4) Administrative: provisions: Every magistrate, alderman, and justice has power of summary conviction under the game laws; information or complaint of violation of law is ground for issue of a warrant, directed to any game warden, pro- tector, constable, or police officer, commanding him to arrest offender; proof of probable cause for believing that game unlawfully caught, killed, possessed, or shipped has been concealed is ground for issue of a warrant to search any building or place, and, after demand and refusal, to break it open; guns and shooting appli- ances found in place searched, if owner be a nonresident, to be seized and held till - fine and costs imposed upon offender are paid, and to be sold if such fine and costs be not paid in twenty days; game seized by a protector and that found in possession of a person hunting without license, when such is required, to be sent to nearest hospital; that seized by constable or warden to be disposed of as court before whom ’ (1) Officers: Board of game commissioners; established in 1895; composed of six 4 a Se a OTe i } ; blip eo vs — 27 offender is tried may direct; interference with wardens and protectors in discharge _ of their duties punishable by fine of $100; nonresidents and unnaturalized residents _ hunting without license forfeit their guns, which are to be held till fine imposed is _ paid, and sold if fine be not paid in ten days after advertisement, proceeds to be - used to pay fine, and residue, if any, to be paid to owner; any person may, without 4 incurring liability, kill dogs found pursuing or on the track of deer or fawn, and any officer may kill any dog upon affidavit made by any person that it has been seen pursuing deer within a year; any dog pursuing game in close seasun off land con- trolled by its master, unless wearing a collar with name and address of master, _ declared a public nuisance and may be killed by owner or lessee of land upon which it is hunting or by any game officer; proof of possession of game, except inopenseason and fifteen days thereafter, prima facie evidence of a violatlon of law by the pos- sessor; possession of gun by nonresident or unnaturalized foreign-born resident on _ waters or in field without a license prima facie evidence of violation of law; posses- sion of a ferret prima facie evidence of intent to use it unlawfully; district attorneys are required to prosecute where penalty exceeds that giving jurisdiction to a justice or alderman; licensee required to exhibit his license upon demand of any officer; persons arrested on Sunday may be committed for that day, but must be proceeded against as soon as possible on a week day following; guns and shooting parapher- -nalia used by any person hunting for hire to be forfeited; all boats, decoys, guns, and other devices used in violation of law, unless fines and costs are paid, to be for- feited to board to be disposed of as it directs, and board may use in discharge of its duties any funds arising from such disposition; any citizen may prosecute violators; persons violating the game laws may sign an acknowledgment thereof and pay to any sworn protector or deputy protector the full fine and costs and receive a full satisiaction and discharge from such officer; costs of prosecution brought by officers charged with the enforcement of game laws to be paid by county if such prosecu- tion fails through legal cause. Prosecution must be begun within one year, ‘‘except where the defendant is taken in the act or ina pursuit immediately following,’’ when the limitation is two years. a a a a a Oe a ae RHODE ISLAND. (1) Officers: Commissioners of birds; commission established in June, 1899; com- posed of five members; term three years; no compensation. Duties.—To protect birds and game and enforce laws. | § Deputies.—Appointed by commissioners; term unlimited; no salary; required to | enforce laws. : ' Commissioners and deputies authorized to arrest without warrant persons pursuing, : killing, or having in possession any game or birds contrary to law, but persons so arrested not to be detained longer than twelve hours; to seize, without warrant, any | game or birds in possession of any person at any time when killing of same is pro- | hibited by law. They are not required to furnish security for costs when complaint _ is made by them. | (3) Fines: To be paid one-half to complainant’ and one-half to State. | (4) Administrative provisions: Complaint on oath to any magistrate authorized _ to issue criminal warrants that law protecting game and other birds has been or is | being violated in any place is ground for issue of a search warrant directed to any officer competent to serve a warrant, but warrant not to be executed after sunset unless such course is directed by the magistrate. Licensees must exhibit license to any person demanding it. _ Prosecution for violations of chapter 112, relating to game and nongame birds, must be begun within ninety days; in other cases if complainant is entitled to any | part of fine within one year; if not, within two years. ya tonne oe” lf a wet eS PS PO A, ee ey rey Ol (CART, RN SP Umer © ems = SOUTH CAROLINA. (1) Officers: Audubon Society of South Carolina, incorporated February 19, 1907. Objects and powers.—To promote among the citizens of the State an appreciation of the value of wild birds, animals, and fish; to encourage parents and teachers to instruct children on the subject; to stimulate public sentiment against the destruction of wild animals, fish, birds, and their eggs; to secure enactment and enforcement of proper and necessary protective laws; to appoint officers to enforce such laws, and to raise funds for carrying out objects of the society. Treasurer of the society appointed by the governor; term, during good behavior; required to report annually to governor. Secretary, who is executive officer, elected by the society annually. : Bird and game wardens.—Appointed by governor upon recommendation of the society; to hold office during good behavior; bond, $100; compensation fixed by society; have powers of constables; required to prosecute persons or corporations having game in possession contrary to law; to see that laws are enforced, and to obtain information as to violations; must take oath of office. County game wardens, one for each county, appointed by the governor; must see that game and bird laws are enforced and report at each term of court of general sessions all violations of law and what steps were taken to punish offenders. They are exempt from road and jury duty. Inspectors.—Appointed by board of county commissioners to enforce act for pro- tection of game, fish, and terrapin on public lands and navigable waters; compensa- tion fixed by board, but not to exceed 10 per cent of hunting license fees and fines for violation of the act. (2) Game protection fund: Money derived from hunting licenses, fines, and for- feitures under act incorporating Audubon Society remitted to State treasurer to con- stitute a ‘Game protection fund,’ and to be paid out upon the order and vouchers of the society. (3) Administrative provisions: Bird and game wardens may make affidavit before a magistrate that they believe game and birds are unlawfully in possession of acommon carrier and may receive a warrant to search, open, enter, and examine cars, warehouses, and receptacles, and if such game be found to seize it; game so seized to be sold at auction by the warden; nonresidents and aliens must exhibit their licenses upon demand of any warden or police officer; any person may prose- cute offenders of the game laws; person found in act of violating law relating to hunting on public land and water may be arrested at once and all guns, boats, and appliances in his possession and used in the violation may be seized, and upon his conviction forfeited to State, to be sold and proceeds divided equally between State and county; informers. entitled to one-half the fine in cases artsing under law pro- tecting deer; reception by person or corporation of game or birds for shipment out of the State prima facie evidence of their killing for such purpose, and possession of partridge or quail, sold or offered for sale, shipped, or exported prima facie evidence of a violation of law prohibiting saleand export, and burden of proof is upon pos- sessor to show that the bird was imported from another State; oath of one credible witness sufficient to convict for illegal hunting of deer; oath of landowner sufficient to convict tor unlawful hunting on his land. SOUTH DAKOTA. (1) Officers: Big game.—Game wardens, one for each county where big game occurs; appointed by governor upon petition of ten citizens of such county; term, till © successor is appointed; bond, $500; salary, $75 per month, paid from county game fund; jurisdiction extends throughout State. om ue apiaas RoR aL ACRE Ren oto ce 4 Ve) ee Ale he 0 a Ae hh y »* ett yl ‘ 1 4) e * 4 % y ? = te SOUTH DAKOTA—TENNESSEE. 129 a Duties and powers.—Required to supervise in person protection of large game; to a take the field during September, October, November, and December; to file infor- - mation against persons violating law protecting big game when he knows or is _ informed of such violation; authorized to arrest, without warrant, persons found in | the act of violating law, and at same time to receive and take into his custody any big game and to seize any gun found in possession of such person. Deputies.—Number necessary appointed by warden to serve during his pleasure; no State compensation; must take oath of office and report all violations to warden. Wardens and deputies may make reasonable examination of any tent, wagon, or place where hunters might conceal game or equipment when reasonable suspicion exists that game law is being violated. Small game.—Fish wardens to be game wardens and to enforce laws protecting small game; required to arrest and prosecute all violators; authorized to arrest with- out warrant persons they find in act of violating law, and required to take such per- shall immediately prosecute the case; authorized to seize game killed or possessed in violation of law; jurisdiction extends throughout State; each warden must take oath of office; compensation, one-half fines recovered upon prosecutions by them and statutory fees in criminal cases. Deputies.—Not more than ten, appointed by warden; jurisdiction throughout the county, with duties, powers, and compensation of wardens. (2) Other officers: Sheriffs, deputy sheriffs, and constables charged with duty of enforcing game laws and given authority of wardens. (8) Game protection fund: Fines or parts thereof, penalties and costs recovered, license fees, and proceeds of sale of dogs, guns, and game to be paid into county treasury for use of county commissioners to defray expenses and compensation of wardens in enforcement of game laws. (4) Administrative provisions: Big game.—Justices of the peace have juris- diction of all offenses; each act of hunting without license or in close season a sepa- rate oifense; possession of animals in excess of legal number prima facie evidence of _ violation of law; licensee required to exhibit license on demand by officer author- ized to enforce law; guns and game seized, upon conviction of the owner, to be for- feited, and court may adjudge such forfeiture and order game to be sold at public or private sale and proceeds paid into county game fund. * Small game.—Search warrant may be issued to search any place where game is concealed upon proof of probable cause for belief of such concealment, and boxes, chests, and packages may be broken open for examination; possession of game pre- sumptive evidence of violation of law; presence outside of town with gun and dogs from July 1 to September 1 prima facie evidence of violation of law; guns, sporting implements, traps, and dogs used in violating the law, upon due proof before any competent court, to be adjudged forfeited, the traps destroyed, and other articles sold at public or private sale and funds paid into county game fund; game taken or held in violation of law to be seized and sold for benefit of county game fund; par- ticipant in violation of law may testify against confederatés without incriminating himself. Any person making complaint and furnishing evidence leading to convic- tion is entitled to one-half the fine. Prosecution for violations of laws relating to small game must be begun within one year; for violation of those relating to big game, within three years. TENNESSEE.’ (1) Officers: State warden of game, fish, and forestry; office established April 11, 1903; reorganized asa department of the State government April 15, 1905; term, eight years; bond, $500; no salary, but entitled to all fees for hunting licenses issued by him; may appoint a secretary. son before competent court for trial or give notice to State’s attorney of county, who. Se Sea arreecc rs aeenteres 5 Fe a TO Mi es eta SSS SS age SRE ae ND) of ee ee A ee RaaAi a al shia Nh Wi Bi fa on he Baie peiee: 3) Pare - GAME COM2ZISSION3 AND WARDENS. ae Be: Duties and powers.—Required to report to general assembly each session; ts issue 3 hunting licenses; may remove any warden at will and appoint his successor; has q same powers for enforcement of the law as the subordinate wardens. nae Special wardens.—Number considered necessary by State warden, appointed by him ~with jurisdiction throughout State; bond, $500. County wardens.—One for each county, appointed by State warden; bond, $500. Deputy county wardens.—Number in each county deemed necessary by county -warden and appointed by him; bond, $250. All wardens must take oath of office; hold office one year; are allowed one-half of .all fines, penalties, and forfeitures collected in actions where they make the arrest or secure the conviction; are peace officers vested with the powers of sheriffs and are required to enforce game, nongame bird, fish, and forestry laws, and serve process; authorized to arrest, without warrant, and take offender before a justice of the peace or criminal court having jurisdiction and prosecute him; to seize and confiscate game taken or held contrary to law; to search, with warrant, box, barrel, wagon, ‘car, cold-storage house, or other receptacle for contraband game. (3) Game protection fund: License fees and one-half fines, penalties, and forfeit- ures under game laws are paid to State warden for use in enforcing the game laws. (4) Administrative provisions: Upon the sworn statement of any person that game law has been violated, any justice of the peace having jurisdiction shall issue ~ his warrant directed to any officer or warden commanding him to arrest offender and hold him for trial; nonresident having game in possession for export shall pre- sent his license and sworn statement to any officer demanding it; grand juries of ‘circuit and criminal courts have inquisitorial power over violations of nongame bird laws and upon probable cause shall make presentment without prosecutor; judges of criminal courts required to give nongame bird act in charge to grand jury at each ‘term; prosecutions and actions for penalties can be brought only on order of State warden or one of his deputies, and he may compromise or discontinue any action where violation is technical or where further prosecution would be oppressive; par- ticipants in offenses compelled to testify, but exempted from prosecution thereafter; State warden may go to any part of the State when informed of a violation of law and summon witnesses for purpose of ascertaining the truth of the charge in order to prevent useless and frivolous prosecutions; anyone summoned must attend and testify; resistance to or interference with a warden in discharge of his duties is a a crime; violation as to each animal or bird isa separate offense; licensees must exhibit their licenses to any warden or owner of land upon their request. Prosecution must be begun within twelve months. TEXAS. (1) Officers: Game, fish, and oyster commissioner; office of fish and oyster commissioner established April 26, 1895; title changed and duties extended to game July 1, 1907; term, two years; bond, $10,000; salary, $2,500 per annum, $700 of which is payable from game fund; aliowed $600 per annum for necessary expenses. Duties and powers.—To enforce game and bird laws and bring necessary actions for that purpose; to seize, without warrant, game or birds caught, taken, killed, possessed, or shipped contrary to law; to make regulations for export by licensees of game law- fully killed by them; may make complaints for violation of the law without sanction of prosecuting attorney, and shall not be required to furnish security for costs; has powers of a sheriif for service of criminal process and requiring aid in such service; may arrest, without warrant, persons found in act of committing an offense; must make monthly report to secretary of State; issues hunting licenses. Chief deputy game, fish, and oyster commissioner.—Appointed by the commissioner to assist him and exercise his powers when he is absent or incapacitated; salary, aaa TEXAS—VERMONT. Qe 131 $1,800 per annum and necessary expenses, paid from game protection fund; bond, $5,000; must take oath of office. . Deputy game, fish, and oyster commissioners.—Appointed by commissioner; compen- _ sation $3 a day and necessary expenses while actually employed; have same powers as commissioner. (3) Game protection fund: Hunting license fees constitute fund in State treasury _ for payment of $700 of salary of commissioner and salaries and expenses of his deputies. (4) Administrative provisions: Seized game must be disposed of as court may _ direct; agents and employees of carriers and express companies are empowered _ by the game law to examine any package delivered to them for transportation to ascertain whether it contains game; each illegal shipment of game a separate offense; _ possession of game in close season is prima facie evidence of a violation of law. Prosecution must be begun within two years. UTAH. (1) Officers: State fish and game commissioner; office established in 1899; term two years; bond $5,000; salary $1,200 perannum; contingent and traveling expenses $300 per annum; must take constitutional oath oi office. Duties and powers.—Required to supervise protection and distribution of game and fish; issue licenses, and to report to the legislature each session; authorized to take game and fish for purposes of propagation, cultivation, distribution, and scientific investigation. Chief state fish and game wardens.—One for each county, appointed by commissioner _ with approval of county commissioners; term two years; bond $1,000; salary fixed — _ by governor, but not to exceed $600 perannum; required to report in detail annually _ to commissioner. . Commissioner and chief wardens required to see that game laws are enforced; _ yested with powers and authority of sheriffs and constables; required to seize game _ taken, held, or transported contrary to law; to arrest with or without warrant any person they have reason to believe guilty of a violation of Jaw, and if without war- _ rant, to hold him till one can be obtained; to search, with or without warrant, any _ car, stage, pack, warehouse, store, outhouse, box, barrel, and package where they _ have reason to believe game taken or held contrary to law is to be found and to seize - such game, if without warrant, to procure one soon as possible afterwards. : (2) Other officers: Sheriffs and constables required to enforce game laws in like _ manner and with same authority and powers as wardens. (3) Game protection fund: All hunting license fees and proceeds from sale of confiscated game are paid into State treasury to credit of the fish and game fund. (4) Administrative provisions: Any person giving information leading to con- viction entitled to one-half the fine; game taken or held unlawfully or shipped or _ consigned for shipment out of State to be seized and sold; possession of any part of _ game in close season prima facie evidence of illegal taking, killing, or possession. ; Prosecution must be begun within two years, when offense is ‘triable by justice of _ the peace or police court; otherwise within three years. . VERMONT. _ (1) Officers: State fish and game commissioner (from 1892 to 1904 a fish and game - commission); present office established December 7, 1904; term two years; salary, _ $1,000 per annum; allowance for actual necessary expenses while absent from home _ on Official business, fora clerk at $365 perannum and for necessary printing, postage, _ stationery, and blanks. __ Duties.—To enforce the game and fish laws; to prosecute violations of the law and _to issue deer licenses. 4358—No. 28—07——-10 Poe Ce ye. marr eS SD aiglttg EE AE RS Sr, Oe Oe ak Sty a “ t r ind ae eS oe hss . aa” 3 132 GAME COMMISSIONS AND - WARDENS. ee County fish and game wardens.—One, and not to exceed two, for each count rt appointed by State commissioner; term one year; compensation, $2 per day and actual expenses while officially employed; may arrest on sight anywhere in the State persons found violating game law and retain them at expense of State until prosecu- tion can be instituted, notice of such arrest to be given immediately to grand juror of — town or State’s attorney of county where offense was committed; may investigate — violations anywhere in State. 7 Deputy county fish and game wardens.—As many as commissioner deems necessary, appointed by him; compensation, $1.50 per day and actual expenses while officially — | employed; same powers as county wardens. y (2) Other officers: Town grand jurorsand State’s attorneys required to prosecute all violations of game laws. (3) Game protection fund: Fixed annual appropriation for care, protection, and preservation of game and fish, $5,500; all hunting license receipts and fines imposed — under fish and game laws. (4) Administrative provisions: Upon arrest and detention by a game warden | of a person violating law and notice by such warden to town grand juror or State’s — attorney, such officer is required to file complaint against and prosecute offender — forthwith; a justice may issue warrant to search, in daytime, a dwelling house or — other place for game taken contrary to law or implements used for taking game; — justices have jurisdiction of offenses up to $20; protected game, when snared, to be — seized and forfeited to prosecutor; presence on public waters after sundown with © firearm and torch presumptive evidence of a violation of law prohibiting shooting — ducks by aid of torches; finding any dog of a kind commonly used to hunt deer, 4 moose, or caribou hunting such animals in the forests prima facie evidence that the ~ owner permitted such dog to hunt in violation of law; delivery to or reception by any person or corporation of game birds for shipment out of the State presumptive — evidence that such birds were killed for a purpose other than consumption as food — within State; possession by transportation company of game which has been taken ; in State in close season presumptive evidence that such game was taken in State unlawfully; possession of deer in close season, and of moose or caribou at any time, ~ presumptive evidence of unlawful killing. i Prosecution must be begun within three years. VIRGINIA. (1) Officers: Two city game wardens in each city; appointed by city or corpora~ F tion court upon application of five resident freeholders. Magisterial district wardens.—One for each district, appointed by circuit judge upon application of five resident freeholders and board of supervisors, except in Accomac — and Northampton counties, where they are appointed on recommendation of Fastern Shore Game Protective Association. Wardens hold office four years; required to enforce all laws of State or United States for protection of birds and game; to arrest, with warrant, any person violating the law, and, without warrant, persons found in the act of committing such viola-— tions. Compensation consists of fee of $2.50 assessed in every conviction, to be paid warden securing conviction, and fees from funds derived from nonresident licenses. Refusal or neglect of wardens to prosecute violations Pe them to remoyal from office and to penalties for a misdemeanor. (2) Other officers: Commanders of oyster police boats are constituted game wary | dens in their jurisdiction. (3) Game protection fund: License fees divided ee among wardens of thea county, but no warden to receive more than $300 per annum. (4) Administrative provisions: Sneak boats, nets, traps, reflectors, and other unlawful appliances to be seized by any officer and held as evidence; if found to seed - Lae Re OMe Seen Reem cae NGO ee enn PMD ints edad eas in ay! Smee be ap 5 oa wy A Ree Oe (i oe ie Oa aR te PR at tas ce VIRGINIA—WASHINGTON. 133 _ have been used unlawfully, to be destroyed on order of court; possession of such ? ppliances prima facie evidence of guilt; affidavit of concealment of game killed, aken, caught, shipped, or about to be shipped in violation of law ground for a war- ant to search any place, and after demand and refusal officer may enter and exam- ine any car, building, inclosure, or apartment for such game, and on finding it to seize it; game so seized to be disposed of as court may direct; all guns and hunting appliances found in such search to be seized and held subject to payment of fine and costs; appliances found in such search, not authorized by law, to be destroyed on order of court, others to be sold at auction twenty days after seiztire unless owner ays fine or is acquitted; interference with game warden in discharge of his duties r resistance to lawful arrest a misdemeanor; persons hunting upon lands of another in Alexandria, Fairfax, Prince William, Stafford, and King George counties, without _ written permission, to forfeit $3 to informer for first offense, $6 for second, and $9 _ for each subsequent offense, and in addition to forfeit boats and other means of con- yeyance, guns, dogs, and hunting apparatus; persons so hunting may be arrested without warrant by any warden, sheriff, or constable, and the property forfeited — _ may be seized and held to await determination of case; persons convicted a third a time for violation of law required to give recognizance for good behavior for one . year; possession of game in close season prima facie evidence of guilt of person in whose possession it is found. a Prosecution must be begun within one year. WASHINGTON. _ (1) Officers: State fish commissioner is ex officio State game warden; office es- _ tablished in 1899; term, four years; bond, $5,000; salary, $2,000 oe annum and actual traveling expenses not to exceed $1,000 a year. a Duties and powers.—Has general supervision over enforcement and execution of all laws for protection of game and birds and full control and supervision over all county game wardens; vested with authority and powers of a peace officer; has 3 authority to apply to attorney-general for official opinion of construction and inter- * pretation of game laws; must report on December 1 to governor. _ Chief deputy.—Appointed by State warden to serve during his pleasure; salary, ing $1,500 per annum and actual traveling expenses not to exceed $750 a year. Required - to enforce all laws for protection of game and birds and prosecute violations thereof; has direction and supervision of all county and special deputy game wardens. County game wardens.—One for each county, appointed by county commissioners; salary, $25-$100 per month; vested with all the powers and authority of a sheriff; are ex officio deputy State wardens and have same powers as chief deputy; must take oath of office; may be removed by county commissioners for neglect or non- performance of duty. Special game wardens.—Appointed by county warden; receive no salary; vested with powers of other game wardens. _ All wardens have authority to inspect places where game is held for storage or _ shipment when they believe evidence of a violation of law is to be found, and if such be found they are required at once to institute proceedings for punishment oi 4 offenders; may arrest without warrant any person found by them violating laws and , take such person before a justice of the peace or municipal judge having jurisdiction f for trial; such action to be prosecuted by prosecuting attorney of county. _ (2) Other officers: Sheriffs, deputy sheriffs, constables, city marshals, police officers, and forest rangers of the United States Government are ex officio game wardens and are required to enforce game laws; have same authority as wardens. _ (3) Game protection fund: Fees from licenses issued by State auditor are paid into State treasury to credit of State game fund and those from licenses issued by 134 GAME COMMISSIONS AND WARDENS. _ county auditor into county treasury to credit of county game fund; fines in certe cases are-paid into county treasury for game fund. ; (4) Administrative provisions; Evidence: Possession of game, except dees a geese, brant, and snipe to the number permitted to be taken in November presump- tive evidence of illegal taking. Prosecution must be begun within one year. WEST VIRGINIA. (1) Officers: Game and fish warden; office established May 18, 1897; term, four years; salary, $1,000 per annum and allowance for mileage. s; to bring or cause to be brought actions and proceedings for violation of laws; authorized to prosecute in same manner. as prosecuting attorney, without his sanction, and with same authority; to issue licenses; required to file in the office of the Secretary of State in December of each year a report to be transmitted to legislature at every session. Deputy wardens.—Appointed by State warden, to hold office during his pleasure; to receive the fines when recovered on prosecutions brought by them; sheriffs, deputy sheriffs, or assessors may be appointed deputy game wardens with same authority as State warden in prosecutions. All wardens are required to enforce game laws and vested with authority to search any person and examine any boat, conveyance, car, vehicle, fish box or basket, game bag or coat, or other receptacle for evidence of violation of law, and interference with such search isa misdemeanor; authorized to seize, without warrant, game unlawfully taken, shipped, or possessed, and to arrest, without warrant, persons found violating the laws; have powers of sheriffs to serve criminal process, and to require aid in executing it, and authority to employ an attorney to conduct prosecutions in case of refusal on part of prosecuting attorney. (2) Other officers: Clerks and market masters required to arrest persons unlaw- fully in possession of or selling game; sheriffs, deputy sherifis, constables, and chiefs of police required to prosecute violations and deemed guilty of an offense if they fail to do so. (4) Administrative provisions: Proof or probable cause for believing that game unlawfully taken has been concealed is ground for issue of a search warrant to search any building, inclosure, or car, to break open any compartment, chest, bar, locker, erate, basket, or package and examine contents; interference or attempt at inter- ference with such examination prima facie evidence of violation of law; seized game to be disposed of as court may direct; arrests may be made on Sunday; every person called as a witness is required to testify, but his testimony can not be used against him in any prosecution for such offense, and no person against whom such witness has testified shall be allowed to appear as a witness against him in any pros- ecution for same offense or one of like nature committed before prosecution in which he appears as a witness; possession of game in close season prima facie evidence of illegal killing; reception of deer, turkey, quail, and ruffed grouse for shipment out of State prima facie evidence of killing in State for such purpose; fee of $10 taxed as costs in every conviction to be paid to prosecuting attorney of county or attorney selected by warden to conduct prosecution; license-fees and proceeds of sale of seized game to be turned into State treasury to credit of general fund; licensees must pro- duce their license when required by prosecuting attorney, sheriff, justice of the peace, assessor, constable, any warden, or owner of land upon which they are hunting at time, and failure to do so is a misdemeanor. Prosecution must be begun within one year. ‘WISCONSIN. (1) Officers: State fish and game warden; office established May 5, 1891; term, two years; salary, $1,800 per annum and allowance for actual expenses. Duties.—To secure enforcement of game laws and bring or cause to be brought actions and proceedings to recover penalties or fines for violation thereof; to devote his entire time to duties of his office; to report the transactions of his department te _ the governor in December of each year. Special deputy wardens.—Two for each Congressional district, and as many additional deputies as are necessary, may be appointed by State warden, with approval of governor; receive actual expenses and a per diem payable from game fund only, fixed by warden, with approval of governor, for such time as they actu- ally serve under direction of State warden; must carry an identification card issued by State warden. County wardens.—Number determined by county board of each county, selected by a board of appointment, and appointed by State warden; compensation to be fixed _by.appointing board and paid out of county treasury like those of other county officers. Selection of deputy wardens is made from those qualified by competitive civil- service examination. Warden and deputies have authority of constables to execute and serve all war- rants and processes issued by any court having jurisdiction of offenses under game - laws; to arrest, without warrant, any person detected in act of violating any game law and to take such person before proper court and make complaint against him; upon receiving information of violation must cause thorough examination and institute _ proceedings if warranted by evidence; may seize and confiscate game illegally cap- _ tured, possessed, or shipped, and sell same and pay proceeds, less expenses, into State treasury to credit of hunting license fund; authorized to examine at any time record of licenses issued by county clerks; to examine and open any package in _ possession of a transportation company suspected to contain game or to be falsely _ labeled; exempt from liability in performance of their legal duties. (2) Other officers: Sheriffs, deputy sheriffs, coroners, and police officers are ex Officio deputy fish and game wardens and are required to assist State and deputy _ wardens in enforcement of game laws; game officers of other States are declared agents of those States in Wisconsin and are authorized to follow game unlawfully _ shipped from their States into Wisconsin, seize same, and take it back into their State or dispose of it in Wisconsin according to laws of their State, such disposition _ to be made under supervision of an officer of Wisconsin; officers of other States are _ designated agents of Wisconsin for taking possession of, holding, and disposing of game. Attorney-general and his assistants required to advise State warden as to his duties, assist him in enforcement of law, and in prosecution of cases when warden _ deems it necessary; district attorneys required to prosecute actions for violation a of game laws when wardens make complaint, if magistrate deem their presence necessary. (3) Game protection fund: Fees from hunting licenses, permits to collect for ‘scientific purposes, and proceeds from sale of confiscated game (if sale not prohib- ited) and devices constitute a ‘hunting license fund’ in the State treasury for the payment of salaries and expenses of State and deputy game wardens; one-third of _ fines for violation of game laws retained by county treasurer as a fund to reimburse _ county for expenses in enforcement of game laws. _ (4) Administrative provisions: Apparatus or device not designated a public _ huisance may be seized by warden and, after finding of illegal use, may be destroyed _ or sold as directed by court; those designated public nuisance shall, upon a finding _ of such unlawful use, be immediately destroyed; affidavit before a magistrate author- tle an are Br aay A) ae < ee eee = Ti e at eee pie “ wn a ee Eee he “ *, ; ‘ ee rj att Fa) ht SB) = ry i de ok Bt 136 GAME COMMISSIONS AND manding officer to whom directed to search oe designated, seize thé! game if | found, and bring it before court issuing warrant to be used as evidence. . Prosecution must be begun within three years. WYOMING. (1) Officers: State game warden, office established February 15, 1899; term, four years; bond, $3,000; salary, $1,500 per annum and $200 per annum for contingent expenses, paid from general State fund. - " Duties and powers.—Required to protect game and enforce laws relating thereto; to be an active executive officer and take field in performance of his duties; to report ~ annually to governor; authorized to arrest, without warrant, persons found violating law or with game in possession in violation of law, and may employ an attorney when necessary, to be paid from game fund. Assistant game wardens. —Three in number in different parts of State, appointed by warden; bond, $1,000; salary, $900 per annum, paid from game fund. Special assistant game wardens.—One or more in each county as necessity requires, appointed by warden; bond, $500; compensation, $3 per day while actually employed, payable from game fund. County game and fish wardens.—One for each county, appointed by board of county commissioners; compensation fixed and paid by commissioners out of coumey, fonds not to exceed $3 per day while actually employed. Assistants. Number necessary in each county appointed by warden. All officers authorized to enforce game laws may arrest, without process, violators detected in the act; search any camp, wagon, and pack at any time; may seize game and fish unlawfully possessed, and when resistance is made to arrest, call upon. any peace officer or citizen of State to assist in effecting arrest. (2) Other officers: State and Federal forest rangers may be appointed special assistant game wardens; sheriffs, deputy sheriffs, and constables required, under pen- alty for omission, to arrest and prosecute violators; guides are ex officio assistant game wardens and are required, under penalty for omission, to report violations by one employing them; allowed $3 a day for time consumed in arresting and securing conviction, payable from State game fund. (3) Game protection fund: Biennial appropriation and proceeds from confis- eated game. (4) Administrative provisions: Possession of game in close season prima facie evidence of violation of law; licensee required to produce license on demand of offi- cer; each act of hunting without license constitutes a separate offense; license fees paid into general fund, and fines into general school fund. State game warden may pay reward of $300 for evidence leading to conviction for the crime of capturing, destroying, or mutilating game animals for their heads, antlers, horns, or tusks. 34 tee PART III. EXTRACTS FROM LAWS WITH SPECIAL REFERENCE TO ENFORCEMENT. The third part of this bulletin contains extracts relating to the enforcement of the game laws of all the States and Territories. These extracts have been carefully compared with the original statutes and have been brought down to date by inclusion of the amendments of ~1907%. By the use’of side heads in black-faced type the general con- tents of each section have been indicated so as to facilitate ready reference to any particular topic. The statutes are arranged chrono- logically and the sections in regular order except in Alabama, Illinois, - Maine, and three or four other States in which the provisions relating to State officers are given first. Provisions not closely connected _ with the subject-matter of enforcement or immaterial to it, and such _as relate solely to fish or their propagation, have been omitted. Such omission is indicated by three stars ( * * * ). Amendments to the q original acts are plainly indicated, usually at the beginning of each section, and in several instances os text has been annotated by refer- ences to decisions of the courts involving the provision in question. Statements in the first part of the bulletin can, in most cases, be readily verified on referring to the proper paragraph under the corre- sponding State in Part III. In selecting the matter here presented the three main objects in view have been (1) to furnish a convenient compilation for the use of those who do not have access to the statutes or who encounter difficulty in finding a particular provision in the mass of other matter usually con- tained in the laws, (2) to place at the service of wardens and others actively engaged in enforcement of the laws the provisions under _ which they may act, and (3) to bring together in compact and con- venient form the provisions of the statutes of each State which have been found effective in order that persons interested in new game legislation may know the provisions in operation in other States. a . ALABAMA % Laws of 1907, No. 18, p. 12. _ State game and fish commissioner, election, salary : Sxc. 17. That the mem- bers of the senate and house of representatives of this State shall meet in joint - session as soon as practicable after the approval of this act, and in such joint session ¥ 4Except those of Georgia, Michigan, Nebraska, and Nevada, which have not yet been received. 137 RTRs Pe iN Sake a ee A ae rt RON A oe 4 2 ee fe Oe A Tn Be ey, te ee ’ 4, a phe al at we AT al . a, amd 4 ee , s — S 138 GAME COMMISSIONS AND | shall duly proceed to elect some person skilled in matters relating to gar State Game and Fish Commissioner, said person shall be known asa State Gam _ and Fish Commissioner of the State of Alabama, and shall hold his office until the ! first Monday after the second Tuesday in January, 1909, or until his successor in (twenty-five hundred dollars) per annum, payable monthly out of the game and fish protection fund, in the same manner as other State officers are paid, but the said State Fish and Game Commissioner shall not be allowed any reimbursement 4 for his expenses in travelling over the State in the discharge of the duties of his office. Accounts of commissioner, report: Suc. 18. The State Game and Fish Com-_ 3 missioner shall be provided with a suitable office in the State capitol, andis hereby _ authorized upon the approval of the governor to employ a clerk when necessary. At the end of each calendar month said game and fish commissioner shall file with the governor an itemized statement, under oath, of all sums of money received or — expended by him in the discharge of his official duty, including clerical services, — salaries, and expenses of deputies while traveling under special orders as hereinafter provided, postage, stationery, and other necessary incidental expenses. Upon the approval of such accounts by the governor, the State auditor shall draw his warrant for such amount which shall be paid monthly out of the game and fish protection fund and the clerk authorized by this act, shall receive two dollars per day while engaged in such service. The office and accounts of the State Game and Fish Com- missioner shall be audited by direction of the governor in the same manner as the office and account of any other State office are audited. Bond, oath: Sec. 19. [Bond of State Game and Fish Commissioner, $5,000; he is q one to take the constitutional oath of office. | Report: Src. 20. The State Game and Fish Commissioner shall keep a seal of office which shall be used to authenticate all papers and documents issued and exe- cuted by him as such officer. In the month of October, in the year 1910, and every four years thereafter, the State Game and Fish Commissioner shall make a report to the governor showing the official business transacted by him. Such report shall show the number of hunter’s license issued, together with all fees proceeding there- from. It shall show what moneys have been received by the game and fish depart- q ment from other fees and from other sources. It shall show the number of wardens employed under special instructions, and shall give all necessary information con- — cerning the affairs of the department of gameand fish. Such report to be published in pamphlet form. Duties of commissioner: Sec. 21. It shall be the duty of the State Game and E Fish Commissioner to enforce all laws that are now enacted or that may hereafter be enacted, for the protection, preservation, and propagation of game animals, birdsand fish in this State, and to prosecute all persons who violate such law. Such game — and fish commissioner shall at any and all times seize any and all birds, animals or ~ fish which have been caught or killed at a time, in a manner or for a purpose orin ~ possession or which have been shipped contrary to the laws of this State. Printing, blanks: Sxc. 22. [Blanks and necessary printing allowed the Commis- — sioner, expense payable from game protection fund. | Powers of commissioner and wardens: Szc. 23. The State Game and Fish Com- ~ missioner and his deputies shall have the same power to serve criminal processes as sheriffs and constables. office is duly elected and qualified. The successor to the State Game and Fish Com- missioner shall be elected by the qualified electors of the State at the general election — in 1908 and every four years thereafter. The Department of Game and Fish of the — State of Alabama, is hereby established and created, and shall be known and termed _ as such. The State Game and Fish Commissioner shall receive a salary of $2,500.00 q ardens’ appointment, term, powers: Snc. 24. The State Game and Fish Com- missioner, shall as soon as practicable, after assuming the duties of his office, appoint by and with the consent and approval of the governor, some person skilled in matters & relating to game and fish, game and fish wardens, in each county in this State, and such persons so appointed abot be known as county gameand fish wardens. Said wardens ‘shall assist the State Game and Fish Commissioner in the discharge of his official ‘duties, and said warden shall have like power and authority herein provided for the State Game and Fish Commissioner, relative to the enforcement of this law, but said ae etic and wardens shall be subject to the supervision and direction of the State Game and Fish Commissioner and subject to removal for cause by him. Said "wardens shall hold office for four years, or until their successors are duly appointed; re efore entering upon the discharge of their official duties each county game and fish _ warden shall give bond in the sum of five hundred dollars, payable to the State of 4 ‘Alabama, with two or more sureties, to be approved by the secretary of State, con- : -ditioned that he will well and truly account for and legally apply all money which _ may come into his hands in his official capacity and that he will faithfully perform all the duties enjoined upon him by law. Wardens’ compensation: Src. 25. Each county game and fish warden shall ‘a receive one-half of all fines, forfeitures and penalties collected in the county in which _ he holds office. And such moneysshall be so paid by the courts collecting the same, _ and the remainder shall be forwarded to the State treasurer and covered into the Bsc and fish protection fund. _ Publication of game laws: Src. 26. The State Game and Fish Commissioner by and with the consent of the governor shall cause to be published in pamphlet form _ for general distribution the laws relating to game, birds and fish. _ Ex officio game wardens: Src. 29. All sheriffs, deputy sheriffs, marshals, con- stables, or other peace officers in this State are hereby declared ex officio deputy "game and fish wardens. . _ license: Sxc. 31. [Requires resident to procure license to hunt outside his beat, F ard or voting precinct; fee, $1.00. ] _ Same: Sec. 32. [Requires resident to procure a license to hunt outside the county Pot his residence; fee, $3.00. ] _ Same: Szc. 33. [Requires nonresidents of the State, and aliens, to procure license to hunt; fee, $15.00. ] _ Game fund: Szc. 34. [Probate judges issue all licenses and they are required - to remit to the State treasurer each month, the amounts they receive, less their fee of 15 cents for each license issued; the State treasurer must set aside all moneys so received as a game and fish protection fund. ] % _Game and fish protection fund: Szc. 39. All moneys sent to the State treasurer in payment of hunting licenses, fines, penalties and forfeitures, arising under the provisions of this act, shall be set aside by the State treasurer and shall constitute a fund known as the ‘‘Game and Fish Protection Fund,” for the payment of the Salary of the State Game and Fish Commissioner and his necessary incidental ex- : _penses, also the payment of the expenses of the game and fish warden when acting under special instructions. The expenses incurred for any purpose or in conse- quence of this act, shall be limited to the amount of money in the game and fish _ protection fund, and in no event shall the State pay any such salaries or expenses or _ be liable in any manner therefor except to the extent of such game and fish protec- tion fund, and the State Game and Fish Commissioner shall not issue any voucher nor shall the State auditor approve any voucher if issued by the said State Game and Fish Commissioner for any services or any expenses of any kind unless the money to pay such voucher shall at the time be on hand in the State treasury to the credit hi of the State game and fish protection fund. 140 | GAME COMMISSIONS AND WARDENS. Wardens’ compensation in special cases: Src. 40. Game and fish ene 4 ; acting under special instructions shall receive three dollars per day for their services. _ Report of prosecutions: Szc. 41. That it shall be the duty of every justice of the peace, and clerk of any court before whom any prosecution under this act is com- menced, or shall go on appeal and within twenty days after trial or dismissal thereof — to report in writing the result thereof and the amount of fine collected, if any, and the disposition thereof to the State Game and Fish Commissioner. All moneys col- lected from fines, penalties or forfeitures under this act, shall belong to the game and fish protection fund with the exception of that part which under this act belongs to the wardens, and shall be paid over by the officer authorized to collect said money to the State treasurer on or before the first day of each month, and shall be con- veyed by him into the game and fish protection fund. And the State treasurer shall report on the first day of each month to the State Game and Fish Commissioner the exact amount of money to the credit of the Game and Fish Protection Fund. Fines: Sxc. 45. All fines imposed under the provisions of this act shall be paid in lawful money, that is to say, in currency of the United States of America. Charge to grand jury: Sec. 46. That circuit judges and the judges of concurrent jurisdiction in this State, be, and they are hereby required to give the grand juries when organized, the provisions of this act strictly in charge and to urge strict inquiry into infractions thereof. Prima facie evidence: Suc. 9. * * * It is further declared unlawful to make use of any artificial light in hunting or killing deer. And the wearing or having such light on the head or any part of the body while hunting shall be prima peo evidence of the violation of this section. * * * Warden’s costs: Src. 13. That when an arrest fora violation of this act is made by the State Game and Fish Commissioner or by any warden and the defendant is con- victed, there shall be taxed as cost in favor of such warden making the arrest, the same fee as a constable is entitled to in misdemeanor cases, and if collected from the defendant shall- be paid over to such warden and shall be his personal perquisite. - But no fee shall be allowed in cases of acquittal. Procedure, separate offense: Sxuc. 14. * * * whenever the possession, use, importation, transportation, storage, sale, offering or exposing for sale of game or birds, is prohibited or restricted, the prohibition or restrictions shall extend to and including every part of such game and a violation as to each animal or bird or part thereof shall be a separate offense and two or more offenses may be charged in the same affidavit, complaint or indictment, and proof as to part of agame bird or animal shall be sufficient to sustain a charge to the whole of. it; and the violation as to the 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, bird or game. Corporation, arrest, &c.: Src. 15. In cases of violation of this act by a corpora- tion the warrant of arrest may be read to the president, secretary or manager in this State, or to any general or local agent thereof, in any county where the action or indict- ment is pending, and upon the return of such warrant so served the corporation shall be deemed in court and subject to the jurisdiction thereof, and any fine imposed may ~ i be collected by execution against the property of said corporation, but this section shall not be construed to exempt any agent or employee from prosecution. Failure to perform duties, misdemeanor: Src. 16. Any official, officers or warden, who shall fail to perform any act, duty or obligation enjoined upon him by the provisions of this act, shall be deemed guilty of a misdemeanor and on convic- tion shall be punished by a fine of not less than fifty nor more than two hundred a dollars. .Approved Feb. 19, 1907. "y ot ; ee. P s, ibe See ; i Pac & Re Ke ALASKA—ARIZONA. 141 ALASKA. 32 Statutes at Large, chap. 1037, p. 327. Forfeiture of game, guns, boats, &c.: Sec. 6. That any person violating any of the provisions of this Act or any of the regulations promulgated by the Secretary of Agriculture shall be deemed guilty of a misdemeanor, and upon conviction thereof shall forfeit to the United States all game or birds in his possession, and all guns, traps, nets, or boats used in killing or capturing said game or birds, and shall be pun- ished for each offense by a fine of not more than two hundred dollaes or imprison- ment not more than three months, or by both such fine and imprisonment, in the een of the court: Provided, That upon conviction for the second or any subse- juent offence there may be imposed in addition a fine of fifty dollars for any viola- tion of sections one and three, and a fine of one hundred dollars for a violation of ection two. Officers’ arrest, seizure: It is hereby made the duty of all marshals and deputy 4 Be chals, collectors or deputy collectors of customs appointed for Alaska, and all officers of revenue cutters to assist in the enforcement of this Act. Any marshal or ¢ deputy marshal may arrest without warrant any person found violating any of the provisions of this Act or any of the regulations herein provided, and may seize any game, birds, or hides, and any traps, nets, guns, boats, or other paraphernalia used 1 in the capture of such game or birds and anil in the possession of said person, and any collector or deputy collector of customs, or any person authorized in writing by a marshal, shall have the power above provided to arrest persons found violating this Act or said regulations and seize said property without warrant, to keep and deliver the same to a marshal or a deputy marshal. It shall be the duty of the Secretary of the Treasury upon request of the Secretary of Agriculture to aid in carrying out the provisions of this Act: * * * _ Approved, June 7, 1902. ARIZONA. Revised Statutes, 1901, Chap. XI, p. 149. _ Fish and game commissioners, term: Src. 171. The governor shall appoint 4 hree fish and game commissioners, who shall hold office tivo years and until their successors are appointed. The commissioners shall receive no compensation for their services. Duties of business agent: Src. 172. The commissioners so appointed may, by resolution, designate one of their number as the business agent of the board; and it shall be his duty to keep minutes of the acts and proceedings of said board from time to time, to collect, classify and present to said board such statistics, data and information as the board may order, or he may think will tend to promote the object 0 f this title, and to conduct the correspondence and take charge of and safely keep the reports, books, papers, documents, etc., which may be collected by the commis- s sioners, and to prepare an annual report of the board to the governor, which report shall contain such recommendations for legislative action as the commissioners may deem best calculated to promote the cultivation and increase of game and the food fishes in the Territory of Arizona. . _ Duties of commissioners; Fish: Src. 173. [Duties of commissioners respecting fish culture. ] _ Duties of commissioners; Game: Src. 174. It is the duty of the fish and game commissioners: _ (1) To see that the laws for the preservation of fish and gameare strictly enforced; a and for that purpose they may from time to time employ such assistants as they shall deem necessary, without cost to the territory, which persons so appointed as assist-’ 142 GAME COMMISSIONS AND WARDENS. — ants shall have all powers and authority of sheriffs to aes: arrests for viola such laws throughout the territory. 4 (2) To import the spawn or ova of fish suitable for food. & (3) To provide for the distribution and protection of game birds imported into — this territory for the purpose of propagation, and also birds that are natives of this — territory. Posting lands; Penalties: Src. 175. They may cause notices to be posted upon — private grounds at the request of the owner or lessee of such grounds, that shooting or fishing therein is prohibited, and when such notices are posted by authority of — such commissioner, it shall be a misdemeanor for any person to shoot or fish on such grounds, without the permission of the owner or lessee of such grounds, and _ punishable as misdemeanors are punishable in the Penal Code, and fines collected — on conviction therefor shall, after deducting the expenses of the court, be paid over to such commissioners, to be a them expended in carrying out the objects of this chapter. Laws of 1905, chap, 25, p. 29. Prima facie evidence: Src. 8. Proof of possession of any game or fish mentioned in this Act,¢ which shall not show evidence of having been taken by means other then a net, snare, trap or pound, shall be prima facie evidence in any prosecution for violation of the provisions of the preceding section [prohibiting netting, trapping and snaring game] that the person in whose possession such game or fish is found, took, killed or destroyed the same by net, snare, trap or pound. License fees: Src. 24. * * * The moneys received from the sale of nonresi- dent licenses shall be used by the Fish and Game Commissioners in the proper dis- charge of their duties; provided, that the Fish and Game Commissioners shall include in their biennial reports a statement of all licenses issued under this section, and an itemized statement of all moneys expended, and the surplus, if any there shall be, shall be remitted to the Territorial Treasurer and placed in the General ' Fund. Arrest: Src. 25. A Fish and Game Commissioner and his deputies shall have authority to arrest without writ, rule, order or process any person in the act of com- mitting a crime in violation of any of the provisions of this Act, and they are hereby made peace officers of this Territory for that purpose. Peace officers: Src. 26. * * * Itis hereby made the duty of any peace officer to arrest any person or persons violating any of the provisions of this Act, and to take them before any civil authority competent to try the offense. Any peace officer, game commissioner, or deputies, who shall see, or be informed of, or become cognizant of, any person or persons viclating any of the provisions of this Act, and who shall fail to perform his duty as prescribed in this section, shall, upon convic- tion thereof, be fined in the sum of twenty-five dollars. One-half of all fines col- lected under the provisions of this Act shall go to the person or persons upon whose testimony such conviction is secured; the remaining one-half shall be paid into the | school fund. Approved March 4, 1905. AREANSAS. Digest of the Statutes, 1904, Chap. LXIX, p. 828. Peace officers; Arrest; Penalties: Sec. 3622. The sheriff of each county, or — any constable thereof, is hereby constituted ex officio game warden for his respective county, and his deputies shall be deputy game wardens, by virtue of their appoint- | “Deer, elk, sheep, goat, antelope, quail, partridge, grouse, pheasant, wild turkey, snipe, and rail. > gee S ARKANSAS—CALIFORNTA, «148 ment as deputy sheriffs. It shall be the duty of the game warden or any constable or deputy, to make arrests, and prosecute offenders, under this act, as in other misdemeanor cases, before any justice of the peace, and without being required to give bond for costs. And it shall be a misdemeanor in office for any game warden or deputy to fail to prosecute violators of this act. All fines collected under this act shall goto that game warden or deputy or constable making the arrest and securing the conviction. _ Arrest: Sxc. 3623. Any justice of the peace upon information received that any of the provisions of this act have been or are being violated, shall issue his warrant of arrest.directed to any sheriff or constable, or other peace officer, commanding that said offender be at once arrested and held for trial. No bond shall be required for costs. Any constable, sheriff or other officer failing or refusing to serve said warrant, shall be guilty of a non-feasance in office, and upon conviction shall be fined in any sum not less than fifty nor more than one hundred dollars, and be removed from office. 3 Refusing or opening packages: Sxc. 3626. Common carriers may refuse any § Package which they may suppose contains fish or game designed for export and may en said package to be opened, or may satisfy themselves in any other way that b said package does not contain game or fish.¢@ CALIFORNIA. Political Code 1897, Art. I, p. 62. q Fish commissioners: [Sxc. 343. There are 3 fish commissioners. | f Mite TT pi 60: 4 Appointment: [Src.] 368. The following executive officers are appointed by the Governor, with the consent of the Senate: * * * (3) the fish commissioners [who 2 old office pane the pleasure of the Governor]. | § Art. XVII. 4 Duties: [Src.] 642. It is the duty of the Fish Commissioners: a 1. To see that the laws for the preservation of fish and game are strictly enforced; and for that purpose they may from time to time employ such assistants as they shall deem necessary, which persons so appointed as assistants shall have all powers and authority of Sheriffs to make arrests for violation of such laws throughout the State. _ 7. To provide for the distribution and protection of game birds imported into this ‘State for purposes of propagation. _ 8. To report biennially to the Governor a statement of all their transactions and disbursements. _ Compensation: [Src.] 643. The commissioners receive no compensation. Appendix, p. 1031 (Statutes 1895, Chap. CLXV.) _ County wardens: Src. 1. The board of supervisors of each and every county in . the state may, in its discretion, at their first meeting held in April, eighteen hundred 3 and ninety-five, and at their first meeting held in January, eighteen hundred and n 1inety-seven, and in January every two years thereafter, appoint a suitable person to serve for the period of two years from the date of his appointment as fish and me warden of the county, which office is hereby created; * * * _ Duties: Src. 2. Said fish and game warden shall enforce the state laws, * * * Telating to the protection of fish and game, and he shall be vested with all the powers of a peace officer to made arrests for the violation of such laws. 4See Wells Fargo Express Co. v. State, 96 S. W., 189. 144 GAME COMMISSIONS AND WARDENS. Salary: Sc. 3. The salary of said fish and game warden is hereby fixed in Me accordance with the classification of counties, as follows: Salary; Reports; Removal: Src. 4 [as amended by Laws of 1905, Chap. CCCV]. For counties of the second class [150,000 to 300,000], one hundred aie twenty-five dollars per month; for counties of the first and third classes [300,000 and — over, 100,000 to 150,000], one honda dollars per month; for counties of the fourth, fifth and sixth classes [388,000 to 100,000], the sum of seventy-five dollars per month; for counties of the seventh, eighth, ninth and tenth classes [27,400 to 38,000], the sum of sixty dollars per month; and for all other classes from the eleventh to the fifty-third, inclusive, the sum of fifty dollars per month. In addition thereto said _ warden shall be allowed a sum not to exceed twenty-five dollars per month for expenses incurred by him in the performance of his duties. Said salary and expenses incurred must be paid monthly from the county treasury. Said fish and game war- den shall, before entering upon the discharge of his duties, execute a bond with sureties in such sum as may be required by the board of supervisors, for the faithful and proper discharge of his duties as such fish and game warden. Said warden shall report quarterly to the board of supervisors of his county, giving a detailed statement of all arrests made, convictions had, fines collected, and generally in regard to the management of his office. Such officers may be removed by the board of supervisors for intemperance, neglect of duty, or other good and sufficient reasons. Approved March 26, 1895. i at Penal Code 1897. Prima facie evidence: Sxc. 631. [as amended by Laws of 1905, chap. 287. Pro- | hibits use of nets, pounds, cages, traps, set lines or wires in taking any game, and — sale, transportation and possession of game so taken.] Proof of possession of any — such birds or animals which do not show evidence of having been taken by means other than a net, pound, cage, trap, set line or wire, or by the use of any poisonous q substance, is prima facie evidence in any prosecution for vidlation of the provisions E. of this section, that the person in whose possession such birds or animals are found, took, killed, or destroyed the same by means of a net, pound, cage, trap, set line or © wire, or by the use of poisonous substance. ‘” Penalties: Src. 631b. [Added in 1901] All fines paid or collected for the viola- | tion of any of the provisions of sections [626-626k, 626m, 627-627b, and 631, includ- | ing all provisions respecting seasons, methods, bog limits, etc.,] of this chapter, must a be paid by the court in which the conviction shall be had into the state treasury to 4 the credit of the game preservation fund, which fund is hereby created, and the © moneys in said fund shall be applied to the payment of claims approved by the game commissioner of the state board of fish commissioners for the expense of pro- | tecting, restoring and introducing game into the state and to the payment of the | expenses incurred in the prosecution of offenders against the provisions of the above — named sections. Laws of 1907, chap. 206, p. 247. [An Act to require all persons who hunt to take out a license] Fees: Suc. 3. [Resident $1; nonresident $10; alien $25. ] Disposition of fees: Sec. 6. All moneys collected for licenses as provided herein, | and all fines collected for violation of the provisions hereof, shall be paid into the _ state treasury and credited to the game preservation fund. 4 Production and transfer of license—forfeiture: Src. 8. Every person having a license as provided herein, who while hunting or killing game, refuses to exhibit — such license upon demand of any officer authorized to enforce the game laws of the state, or any peace officer of the state, shall be guilty of a misdemeanor; and every person lawiully having such license, who transfers or disposes of the same to anche” person to be used as a hunting license, shall forfeit the same. COLORADO. | 145 i | COLORADO. Laws of 1899, chap. 98, p. 184. Division A.—GENERAL PROVISIONS. - Department of game and fish; Commissioner; Deputy Commissioner; Com- _ pensation: Sec. 1. [As amended in 1907] The department of game and fish is hereby created and immediately upon the passage of this Act, and every two years _ thereafter, the governor shall, by and with the consent of the Senate, appoint some person, skilled in matters relating to game and fish, to be the State Game and Fish Commissioner who shall be the head of the Game and_Fish Department and shall _ take his office on the first day of April of each biennial period. The Governor may at any time remove the Commissioner for cause, and in vacation of the Senate may _ fill any vacancy in the office for the unexpired term by appointment in writing filed _ with the Secretary of State. , _ The Commissioner shall be a resident and citizen of this state, and shall hold his 4 office for the term of two years or until his successor shall be duly appointed and qualified; the Commissioner shall receive a salary of eighteen hundred dollars ($1,800) per annum, together with his reasonable and necessary traveling expenses, 4 not exceeding six hundred dollars ($600.) per annum, to be paid as the salary and _ expenses of other state officers; and such Commissioner shall have the power to _ appoint a Deputy State Game and Fish Commissioner at a salary of fifteen hundred _ dollars ($1,500.) per annum, together with his reasonable and necessary traveling . expenses, not exceeding four hundred dollars ($400.) per annum, to be paid as the _ salary and expenses of the Commissioner are paid; and the Commissioner may revoke - such appointment at any time and appoint a successor. Bond: Szc. 2. [Bond of Commissioner $5,000. ] Office; Clerk: Src. 3. The commissioner shall be provided with an office at the _ state capitol, and with suitable furniture, stationery and other facilities for the trans- action of the business of his department. He may appoint a clerk at a salary not _ exceeding $1,000. per annum, and may at any time remove said clerk and appoint a successor. _ Chief wardens; Deputy wardens; Special wardens; Posse; Bond: Src. 4. _ [as amended by Laws of 1903, chap. 112] The commissioner may in writing appoint _ and keep in service not more than five chief game wardens, who shall be residents and _ citizens of this state, such appointments to be filed with the State Auditor. Each chief warden shall receive a salary of $900.00 per annum, and his reasonable and _ necessary traveling expenses, not exceeding $300.00 per annum. If deemed neces- sary for the proper enforcement of this act, the commissioner may, with the approval x of the governor, appoint deputy game wardens for a limited time, and not exceeding _ ten in number at any one time, at a compensation not exceeding $100.00 per month, ~ each, while actually engaged in duty, which shall be in full for services and ordinary - expenses. The commissioner may also appoint special game wardens, to serve _ without pay, who shall have the same powers as deputy wardens. The commis- sioner may revoke the commission of any warden, and appoint his successor at _ pleasure. In case a posse is summoned by the commissioner to assist in the enforce- _ ment of this act the expenses thereof shall be paid by the state. The commissioner _ shall require of each warden the giving of a bond in a sum not exceeding $1,000.06 _ for the faithful discharge of his duties and the prompt accounting for and payment _ of any moneys coming into his hands by virtue of his office. _ 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. 146 Game fund; Deficiency: Sxc. 8. Except as herein otherwise specially provided all moneys received under this act by a warden shall be paid over to the commis- “ sioner. Those received by the commissioner shall be paid over monthly to the state — Ba treasurer, and those received by the state treasurer, from whatever source, under the provisions hereof, shall constitute a game fund, and be used exclusively for the pay- ment of the salaries and expenses incurred as provided herein, and in the event such fund shall at any time prove insufficient, the deficiency shall be paid out of any moneys in the state treasury, in the same manner as those of other state officers, and such appropriations shall be made as may be necessary therefor. Payments of sala- ries and expenses shall be made monthly upon verified accounts in detail, approved by the commissioner and governor, and warrants drawn by the auditor of state. Duties and powers: Src. 9. [Commissioner and chief wardens shall devote their entire time to the duties of their office, and shall prosecute violators of this law. — They have all the rights and powers, throughout the state, of sheriffs and constables. ] Biennial report: Sac. 10. [The commissioner required to make biennial report to the governor, cost of report not to exceed $200. ] Peace officers; Arrest; Search: Src. 11. The commissioner and every warden throughout the state, and every sheriff and constable in his respective county, is authorized and required to enforce this act and seize any game or fish taken or held in violation of this act, and he shall have full power and authority, and it shall be the duty of every such officer, with or without a warrant, to arrest any person whom he has reason to believe guilty of a violation thereof; and with or without a warrant, to open, enter and examine all camps, wagons, cars, stages, tents, packs, warehouses, ~ stores, outhouses, stables, barns, and other places, boxes, barrels, and packages where he has reason to believe any game or fish taken or held in violation of this act, is to be found, and to seize the same; Provided, That a dwelling house actually occupied can be entered for examination only in pursuance of a warrant. Use of vehicle: Src. 12. Where game or fish, while being transported, is seized under this act, the officer making such seizure shall have authority, upon payment of reasonable compensation therefor, to also take possession of and use any animals and vehicles used in such transportation for the purpose of conveying the game or fish seized to a conveniennt railroad station or place of safe-keeping or sale, and also for conveying any person arrested for the unlawful possession of such game or fish to a place of hearing or trial, and no liability shall attach to such officer by reason thereof, but this section shall not apply to any animal or vehicle while being used as a public conveyance for passengers or mails, or to any railroad car. Indians: Src. 13. In case Indians or other persons shall engage in the hunting or killing of game or fish in violation of this act, in such number as to be beyond the reasonable power of the commissioner or any chief warden to control, or in case of forcible resistance to the enforcement thereof, it shall be the duty of the sheriff of the county in which such violation exists, upon demand of the commissioner or any chief warden, to aid him in the enforcement of this act, and to call to his assistance at once a sufficient number of persons to enforce the same promptly and effectually, or, if by him deemed necessary, said commissioner or chief warden may call such assist- ance without the intervention of the sheriff. The failure, without good cause, of any person called to assist in such enforcement to respond and render such assistance shall be deemed a violation of this act. Forest officers: Suc. 14. * * * Every officer having authority in relation to timber or timber reserves of the United States shall have the same authority under this act as a deputy warden. Replevin: Sec. 15. The commissioner may, if he so elect, bring and maintain a 4 civil action in the name of the people of the state for the possession of any game or fish taken, killed or held in violation of this act, or for the value thereof, against a any person in possession or exercising control over the same, and if required by the pendency of such action nor of a criminal prosecution shall be a bar to the other, nor shall anything in this section affect the right of seizure under the other pro- visions of this act. _ Prima facie evidence: Sec. 19. The possession at any time of game or fish unaccompanied by a proper and valid license, certificate, permit, or invoice, as herein : provided, shall be prima facie evidence that such game or fish was unlawfully taken and is unlawiully held in possession, and it shall be the duty of every person having the possession or control of game or fish to produce the proper license, certificate, 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 him. _ Corporations: Sxc. 21. In case of a violation of this act by a corporation, the warrant of arrest may be read to the president, secretary or manager in this state, or any general or local agent thereof in the county where the action is pending, and upon the return of such warrant so served, the corporation shall be deemed in court and subject to the jurisdiction thereof, and any fine imposed may be collected by execution against the property of such corporation, but this section shall not be deemed to exempt any agent or employe from prosecution. | Driviston D. _ Sale of confiscated game: Sec. 9. All game and fish seized under this act shall, without unnecessary delay, be sold by the officer seizing the same, or by the com- _ missioner, except when a sale is impracticable or is likely to incur expenses exceed- _ing the proceeds, in which case the same shall be donated to any needy person not concerned in the unlawful killing or possession thereof. * * * The proceeds thereof, aiter deducting the costs of seizure and sale, shall, if made by the commis- ‘sioner or any warden, be paid into the state treasury, but if made by a sheriff or constable shall be paid, one-half to the commissioner and one-half into the treasury of the county where the seizure was made. * » Division E. _ Prima facie evidence: Src. 2. The naming of game or fish upon any such menu _as food for patrons shall be prima facie evidence of the possession of the same by the ‘proprietor of such hotel, restaurant, cafe or boarding house. Ss Division F. Destruction of appliances: Src. 2. Every net, seine, trap, explosive, poisonous or stupefying substance or device used or intended for use in taking or killing game or fish in violation of this act * * * is hereby declared to be a public nuisance and may be abated and summarily destroyed by any person, and it shall be the duty ‘of every officer authorized to enforce this act to seize and summarily destroy the sa me, and no prosecution or suit shall be maintained for such destruction. * * * a Division G. [AppED By Laws oF 1903, CHap. 112.] 4E : : Prima facie evidence: Src. 10. The possession of protected game at any time in the field, shall be prima facie evidence that the party having such possession is engaged, or has been engaged, within the year in hunting the same. _ Peace officers; Production of license: Sec. 11. The commissioner and every warden throughout the state and every sheriff and constable within his respective county, is authorized, and it shall be his duty, to arrest any person guilty of a viola- tion of this division, and to demand of any person whom he has reason to believe is _ 4358—No. 28—07——11 f & ee MT Or SO MERE EIN, ee A OE pe ee ERY ee a! Uke Oe RS RIL Seb age? See ee ee Xs Po oe Ma gn Ee ER ee a Oe ee eee Oe a ee CE SSLE FI PE DL PV TE RPI IED EET . against any person unlawfully wounding or killing, or unlawfully in possession of 148 GAME COMMISSIONS AND WARDENS. or has been engaged in hunting in this state, within the year, the immediate produc- tion of a proper license therefor, and an opportunity to inspect and copy the same, __ and it shall be the duty of every person required by this act to procure and haye in possession such license, to so produce the same, and permit such inspection and £ copying. Division H. [AppEpD By Laws oF 1903, CHap. 112.] Guides: Src. 2. Every guide licensed under this act@ shall, by virtue of such license, be entitled to act as a deputy warden, without pay, and when commissioned as such, shall have all the powers of a deputy warden, as provided in said act, and if he shall violate, or connive or assist in any violation of this act, his license and com- mission may be revoked by the commissioner, and he shall be disqualified to act as a guide during that year, and also be liable to punishment as for a violation of said act. Guide’s report: Src. 3. Every guide shall, as often as requested and on blanks furnished bythe commissioner, report under oath to the commissioner the names and number of persons guided by him, the number of days he has been so employed, and, as near as practicable, the number of game and fish taken or killed by such persons and himself, and such other information as the commissioner may deem Besitable: ** * ! Drviston K. [Appep By Laws or 1903, Cuap. 112.] Civil action: Src. 3. The commissioner, or any warden, if he so elect, or any other officer charged with the enforcement of the laws relating to game and fish, if so directed by the commissioner, may bring a civil action in the name of the state any game quadruped, bird or fish, and recover judgment for each such animal the following minimum sums as damages for the taking, killing or injury thereof to-wit: [Elk, sheep, $200; deer, $50; antelope, $100; buffalo, $1,000; bird, $10.] No ver- dict or judgment recovered by the state in such action shall be for a less sum than hereinbefore fixed, but may be for such greater sum as the evidence may show the value of the animal to have been when living and uninjured. Such action for damages may be joined with the action for possession now provided in said act, and recovery had for the possession and also the damages as aforesaid. All moneys collected under this section shall be immediately paid over by the justice — or clerk of the court collecting the same, as follows: One-third into the treasury of the county where the offense was committed, one-third to the fish and game fund, and one-third to the person instituting the action: Provided, That if the person insti- tuting the action shall fail for ten days after such collection, and due notice thereof, to demand the portion to which he is entitled, same shall be paid to the fish and game fund and the right of such person thereunder shall be deemed forfeited. The commissioner, any warden or officer instituting a prosecution shall be entitled to a share in the fine collected the same as any other person and shall be a personal per- quisite for which he need not account. Neither the pendency nor determination of such action, nor payment of such judgment, nor the pendency nor determination of a criminal prosecution for the same taking, wounding, killing or possession shall be a bar to the other, nor affect the right of seizure under any other provision of the laws relating to game and fish. Suspension of penalty: Sxc. 4. No fine, penalty or judgment assessed or ren- dered under this act * * * shall be suspended, reduced or remitted otherwise than as expressly provided by law. «The guide’s license is additional to the hunting license. COLORADO. 149 i Publication of laws: Src. 6. [Commissioner required to revise and publish in _ pamphlet form every two years, for general distribution, the fish and game laws, at a cost not to exceed $300. This pamphlet to be accepted in all courts as prima facie r. Bidence of the existence of such laws, rules and regulations. ] Division L. - Imprisonment: Src. 5. Every person convicted and fined under this act shall be ’ imprisoned until the fine and costs are paid, and shall not be discharged therefrom on account of his inability to pay the same until he shall have been actually imprisoned _ one day for each $5 of the fine. _ Prosecutions: Sec. 6. Prosecutions under this act may be commenced either by _ indictment, complaint or information, and district and county courts and justices of _ the peace in their respective counties shall have concurrent original jurisdiction of all offenses under this act, except those contemplated in section 3 of this division _ wise than as committing magistrates. _ Jury trial; Appeals: Src. 7. The accused shall be entitled to a jury as in other criminal cases, and an appeal shall lie from a justice of the peace as in cases of assault and battery. Appeals from and writs of error to the district and county courts shall _lie as in other criminal cases. District attorney: Src. 8. It shall be the duty of each district attorney to prose- cute all violations of this act, occurring within his district, that may come to his . knowledge, or when so requested by the commissioner or any officer charged with 3 its enforcement, the same at all times to be subject to the supervision and control of _ the commissioner. _ Exemption of witnesses: Src. 9. In any prosecution under this act, any partici- 4 pant i in a violation thereof, when so requested by the district attorney, commissioner, _ warden or other officer instituting the prosecution, may testify as a witness against any other person charged with violating the same, and his evidence so given shall not be ; used against him in any prosecution for such violation. Bicly paid over by the justice or clerk collecting the same, as follows: One-third into the treasury of the county where the offense was committed, one-third to the com- missioner, and one-third to the person instituting the prosecution. * * * The ‘commissioner, any warden or officer instituting a prosecution shall be entitled to a ‘share in the fines collected the same as any other person, and it shall be a personal perquisite for which he need not account. _ Report of trial: Src. 11. It shall be the duty of every justice of the peace and clerk of a court before whom any prosecution under this act is commenced or shall “go on appeal, and within twenty days after the trial or dismissal thereof, to report pi a writing the result thereof and the amount of fine collected, if any, and the dis- Po osition thereof to the commissioner at Denver. a : DIvIsIon M. _ Costs: Src. 4. When an arrest for a violation of this act is made by a sheriff or constable, the usual fees in a case of misdemeanor shall be taxed in his favor, and if not collected from the defendant, or if the defendant is acquitted, shall be paid by the county; and the necessary and ordinary fees and expenses of every posse law- ully summoned and engaged in the enforcement of this act shall be taxed as a part of the costs, and if not collected from some person liable therefor, shall be paid out f the state treasury in the same manner as is provided for the payment of the e xXpenses of the commissioner. _ Fees: Sec. 5. When an arrest for a violation of this act is made by the commis- | _ [protecting buffalo] of which justices of the peace shall not have jurisdiction other- a4 i _ Fines: Sec. 10. All moneys collected for fines under this act shall be immedi-. A Ee > ER a a PO Pe es roe YL Rae eR eee eee sot : ea ‘ Rene po ‘as? ar ws) 150 GAME COMMISSIONS AND WARDENS. sioner, or a warden, and the defendant is convicted, there shall be taxed as costs in favor of the officer making the arrest the same fees as a constable is entitled to ina i case of misdemeanor, and if collected irom the defendant, shall be paid over to such © officer and shall be a personal perquisite for which he need not account, but no such fees shall be allowed in case of acquittal, nor shall the county or state be liable for such fees in any event. Allowances under sale: Sc. 6. In case of a seizure and sale of game or fish taken or held in violation of this act, the officer making the same shall be entitled to the mileage allowed to a constable for serving a writ of replevin, and the reasonable cost of transporting the game or fish to the place of sale, and $3 per day for each day actually and necessarily spent in making the sale, which sums he may deduct from the proceeds of sale, but in no event shall the county or state be liable for any defi- ciency, and such fees when earned by the commissioner or a warden shall be a personal perquisite for which he need not account but when such fees are collected from the proceeds of sale no other expenses shall be allowed any officer on account of the seizure, transportation or sale. Report of sale: Src. 7. In all cases the officer making a seizure or sale shall, within ten days thereafter report all the particulars thereof and an itemized state- ment of the proceeds, expenses and fees and the disposition thereof, and pay the remainder of the proceeds, if any, to the commissioner. Approved April 27, 1899. CONNECTICUT. Revised Statutes, 1902, chap. 189, p. 781. Commissioners of fisheries and game: [Src.] 3094. On or before May first, 1903, and biennially thereafter, the governor shall appoint three commissioners of fisheries and game, who shall serve for two years from the first day of July following their appointment, and until their successors are duly appointed, unless sooner removed by the governor. Compensation: [Src.] 4811. * * * There shall be paid * * * To each commissioner of fisheries and game, three dollars a day, also his actual expenses while officially employed, and asum not exceeding two hundred dollars a year for the clerical expenses of the commission; * * *. (Chap. 284, p. 1152.) Duties; Powers: [Sxc.] 3095. The duties of the commissioners of fisheries and game shall be asfollows: * * * the introduction, propagation, and distribution of such food fish and game as are adapted to the waters or lands of this state, and the appointment of fish and game wardens and inspectors as hereinafter provided. They shall cooperate with the United States fish commission and with the different fish and game commissioners of other states, and shall report to the governor on or before the first day of December next preceding the convening of the general assembly, giving a detailed statement of their receipts and expenditures. They shall enforce all laws relating to fish and game and shall perform such other duties as are or may be imposed upon them by law. For the purpose of enforcing the provisions of this title, each of the commissioners shall have the same power as grand jurors or prosecuting officers. Wardens: [Src.] 3096. On or before September first, 1903, and biennially there- aiter, the commissioners of fisheries and game shall appoint one person in each ~ county as a fish and game warden, who shall serve for two years from the date a his appointment. 7 Peace officers; Special protectors; Search: [Sxc.] 3097. Fish and game | wardens and other officers shall have the power, without warrant, within their — respective precincts, to arrest for the violation of any law relating to fish and game. The fish and game warden for any county shall, within thirty days after his appoint- ‘ ie Se ee iS eee ah area inde cia ieee ‘ ' a Deen ‘connnericur., ns ie ro eal nds 1BL ors for said county, to act under him, who shall hold office until removed by the en appointing them or by his successor or by the commissioners of fisheries and game. Said warden may deputize another person to assist in detecting and arresting any person who may be violating any law relating to fish and game. Each warden ‘shall take the oath of office and shall report to the commissioners of fisheries and 2 game on the first days of January, April, July, and October in each year, and shall a all laws relating to fish and game. The warden for any county, his deputy, or any special protector, shall have free access, at all reasonable hours, to search, without : Ke ch warrant, places or receptacles of any kind which said officers have reasonable 4 ground to suspect are used for keeping, carrying, or covering game or fish taken or _ possessed contrary to law. - Powers of special protectcrs: [Sxrc.] 3099. Special protectors of fish and game shall have. the same powers as other officers to arrest for the violation of any law rela- ting to fish and game. They shall enforce all laws relating to fish and game, and each protector shall report to the warden appointing him as often as required by _ said warden. : _ Fees: [Src.] 3100. In all prosecutions for the violations of any law for the pro- _ tection of fish and game, the fish and game warden, his deputy, special protector, or _ other officer making the arrest, shall be entitled to a fee of twenty dollars in each _ and every case where conviction is had, which fee shall be taxed by the court as costs in the case against the defendant, and said fish and game warden, his deputy, special protector, or other officer shall be paid said sum; provided, that the court taxing the costs in any additional cases shall do so “es as justice may require. Fish and game wardens and special protectors shall not receive any other fees for ‘ their services. _ Scientific collecting, propagation, etc.: [Szc.] 3109. The commissioners, or any person duly authorized by them, may take fish, crustaceans, birds,¢ or animals, at any time and place and as they choose, for the purpose of science, cultivation, and dissemination. be Powers of justices of the peace: [Src.] 3111. In all complaints for the violation : ot any law made for the propagation, preservation, or protection, of fish or game, the justice of the peace, before whom the same shall be tried, shall have jurisdiction and power to render judgment therein, and issue process of execution and mittimus thereon where such fine, forfeiture, or penalty, imposed, shall not exceed one hun- dred dollars, or imprisonment of more than thirty days, or both; but the defendant shall have the right to appeal as in other cases. Revised Statutes, 1902, Chap. 191, p. 786. _ Prima facie evidence: [Src.] 3125. * * * The reception by any person or Z ‘common carrier within this state, of any such bird or birds [quail, woodcock, and k ruffed grouse] 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. . Destruction of appliances: [Src.] 3130. [Prohibits trapping protected birds. ] Any such net, trap, snare, or similar device may be destroyed by any person. b 4 Certificates for collecting nongame birds for scientific purposes are issued by the president of the board, upon endorsement of applicant for same by two well-known ‘scientific men, payment of $1 fee, and execution of sufficient bond for compliance y vith the law. eae Tae EY CSP are aa) ek Mae ey ML ore pei Se me ee eae, a ne ee 152 3 GAME COMMISSIONS AND WARDENS. Chap. 194, p. 798. Preserves: [Src.] 3197. The commissioners shall have power to establish state game preserves, and to that end may, in the name and for the use of the state, lease for the term of either twenty-five or fifty years, tracts of woodland in this state suit- able for the propagation and preservation of game and game birds; said tracts shall contain not less than fifty and not more than three hundred acres, and shall during the term of said lease be and remain state game preserves. Prima facie evidence: [Sxc. | 3206. [Prohibits destruction of game on sae game preserves.| The detection of any person with a gun, trap, or snare upon any state game preserve, during the open season, shall be presumptive evidence of a violation of this section. One-half of the fine imposed shall be paid to the informer. Laws of 19038, chap. 101, p. 69. Investigation of violations: The commissioners of fisheries and game may, in their discretion, authorize the fish and game warden of any county to investigate the violation of any fish and game law which has been committed or alleged to haye been committed within his county, and the expenses incurred by the warden in such investigation shall be paid from the state treasury on an order from the commissioners of fisheries and game duly audited by the comptroller; provided, that the expenses so incurred shall not in any case exceed the sum of fifteen dollars. Approved May 15, 1903. Laws of 1907, chap. 158. An Act concerning the Licensing of Hunters. Fees: Src. 3. [ Resident, $1; nonresident, $10; alien, $15. ] Disposition of fees: Src. 4. Every town, city, and borough clerk shall keep a record of all such licenses issued by him, which record shall be open to inspection by all officers authorized to make arrests, and by the state treasurer or his agents, and the commissioners of fisheries and game; and such clerk shall, on the first Monday in every month, pay to the state treasurer all moneys, except recording fees, received by him for such licenses issued during the month preceding. All moneys so received by the state treasurer shall be set apart as a fund to be used for the protection and propagation of game, and shall be paid, from time to time, to the commissioners of fisheries and game in the manner provided by section 3098 of the general statutes. Said commissioners shall use all moneys so received for the protection, preservation, and propagation of game in this state, and said commissioners are hereby authorized to receive and use said moneys in the manner and for the purposes hereinbefore pro- - vided; provided, however, that in case of a failure to convict in any prosecution for violation of the laws relating to birds and quadrupeds, or of this act, the costs of said prosecution shall be paid out of the fund created by this act. Approved June 27, 1907. DELAWARE. Laws of 1879, vol. 16, chap. 111, p. 163. An Act to incorporate the Delaware Game Protective Association. Delaware Game Protective Association: Src. 1. That I. N. Mills, * * * and their successors, are hereby constituted a body corporate by the name of the Delaware Game Protective Association, and to continue for the space of twenty years next ensuing. Constitution, etc: Sec. 2. That the said corporation shall have the power to make and adopt a constitution and by-laws and regulations for the admission of its RE wigs Pe ae a re Aes ee i 3 aS, ae CN ee» ea er 8 ad AD ile angi io ie ee a aes F EE in aa DE eaeyy Wee | 153 m Be bars: for the a keeping of its property and funds, and from time to time to alter and repeal such constitution, by-laws and regulations. Officers: Src. 3. [The affairs of the association shall be managed by a president, secretary, three vice-presidents, and twenty-seven directors, nine of the directors to _ be chosen from each county. * * *] Regulations: Src. 6. [Nonresidents must comply with the regulations of the - Game Protective Association before beginning to hunt and upon failure to do so shall be punished by fine of $50, one-half of the fine to go to the person prosecuting the offender and the other half to the Game Protective Association. Justices of the % peace given jurisdiction to hear and determine offenses against this act. ] Membership dues: Src. 7. The fee for membership in this society for nonresi- _ dents shall be five dollars for the first year, and for each succeeding year two dollars. _ For residents of this state, the membership fee shall be two dollars for each and meevery year: * * * | Certificate of membership: Src. 8. That the secretary may admit persons to _ membership by letter or otherwise, upon payment of the membership fee, and shall _ issue to the person becoming a member of this society a certificate of membership, ~ which shall hold good for one year from the date of the certificate. Arrest without warrant: Src. 9. That every member of this society shall be _ empowered to make arrests without warrant of any person or persons who may be - found violating any of the provisions of this act or infringing upon any laws made - for the protection of game and fish in this State, and bring him or them before a magistrate for examination. Nonresident members: Sec. 10. That the secretary of this society shall, on or _ before the first day of July and the first of November of each and every year, furnish _ to each of the directors in the several counties named herein, twenty-five printed lists, containing the names of non-resident members of this society within [sic] their _ places of residence. Nonresident members: Src. 11. That it shall be the duty of the secretary of _ this association to leave at least two copies of the lists of non-resident members of — the association at the times named in the foregoing section, with each Justice of the 4 Peace in the several counties, and it shall be the duty of the Justices of the Peace _ to file one list of non-resident members with their records, and to publicly post the _ other list at their offices or places of business as soon as they may receive them. _ Transferring certificate of membership: Sxc. 12. [Prescribes penalty of $100 _ for transferring or giving away certificate of membership or using another person’s certificate for purpose of killing or taking game. | _ Stocking covers: Src. 13. That whenever the funds of this society shall amount to three hundred dollars, the said directors, together with the President and Secre- tary, may, at such times as they think proper, employ an agent or agents to a _ purchase game birds or fish to be placed at such points in the state as they may _ determine. 4 Nonresident fees: Src. 14. That the funds obtained from non-residents for cer- _ tificates of membership shall be used for no other purpose than to pay the legitimate _ expenses of the society, and for the purpose of stocking the State with game or fish, __as the directors may from year to year determine. _ Compensation: Src. 15. There shall be no salaries attached to the offices of this association; but the directors may compensate the secretary, and pay such agents or employees as they may deem proper. Public act: Src. 16. This act shall be deemed and feleens to be a public act, and __ the power to revoke the same is hereby reserved to the Legislature. Passed March 28, 1879; renewed and extended perpetually March 25, 1899. 1 oh ees yeas ee eS eee Bak Lisa as eto .G ry Pls A, 154 GAME COMMISSIONS AND WARDENS. Laws of 1885, chap. 507. Prima facie evidence: Src. 5. [Prohibits use of swivel, punt, or other gun except _ one habitually fired from the shoulder, in killing ducks, geese and other wild fowl. Prohibits the hunting of such birds at night] and the possession of said birds, after _ the same have been killed, by any person having at the same time in his possession a swivel or punt gun, or being on the water in the night time with an artificial light, — shall be deemed prima facie evidence that such birds have been killed by such per- son in violation of the provisions of this section. . Duty of justices of the peace: Sxc. 11. That the justices of the peace in this state shall have plenary jurisdiction of all offenses against the provisions of this act, and upon affidavit made that a person has violated any of the provisions of this act, it shall be the duty of any justice of the peace in the county in which the offense was committed, or in any other county, where the person complained of has had or has in his or her possession any bird or animal named in this act, taken, killed, bought, sold, shipped or attempted to be shipped or transported in violation thereof, forthwith to issue his warrant, directed to the sheriff or in his absence to any con- stable, commanding him to arrest the person so charged and to bring him forthwith before such justice for trial; and if, upon such trial, the said justice shall find that the person arrested has violated any of the provisions of any section of this act, and such person shall fail to pay forthwith the fine imposed by said justice in accordance with the provisions of the section violated, together with the costs of prosecu- tion, such person shall be committed by said justice to the custody of the sheriff for thirty days, unless said fine and costs be sooner paid. Any Justice of the Peace in this State, upon receiving proof of, or probable cause for believing in, the conceal- ment of any birds or animals mentioned in this act, which have been taken, killed, bought, sold, shipped, or attempted to be shipped in violation of any of the provi- sions of this act, and upon the complainants giving security, to be approved by said Justice, for the damages which the person complained of may sustain in consequence of the complaint, provided he shall be found not to have violated the law, shall issue his search warrant and cause search to be made in any house, market, boat, car, or other building, and for that purpose may cause any apartment, chest, box, locker, crate or basket to be broken open and the contents examined. Funds: Sec. 12. That all fines collected by any Justice of the Peace in this State under the provisions of this act, and the money paid to the Clerks of the Peace for the licenses [for shipping for profit] issued in accordance with the Provisions thereof, except the clerk’s fees for issuing the same, shall be paid to the Secretary of the Dela- ware Game Protective Association, to be by him or by said Association used as pre- scribed in the act incorporating said Association, and for aiding in the detection and prosecution of offences against the provisions of this act. Revised Code, 1893, chap. LV, p. 429. Trespass; Confiscation: Src. 16. If any person or persons shall enter upon any lands, not owned by himself, with gun and dog, or with gun alone, for the purpose of shooting any kind of birds or game without first obtaining permission to do so by the owner or occupant, he shall forfeit and pay a fine of five dollars; and if he shall not pay the said fine he shall forfeit his gun until redeemed, as hereinafter provided. The Justice of the Peace shall hold the said gun for thirty days, for the purpose of giving the owner time to redeem it by paying the fine imposed by law; at the expi- ration of said time it shall be publicly sold, and so much of the proceeds as is neces- sary shall be appropriated to the payment of said fine, and the balance to be returned — to the owner of the gun. That all said fines shall be paid into the State Treasury. . Laws of 1901, chap. 216, p. 507. An act for the protection of birds and their nests and eggs. Nongame birds: Src. 3. * * * That the Justices of the Peace in this State ; peel have plenary jurisdiction of all offenses against the provisions of this Act, and 4 upon the affidavit made that a person has violated any of the provisions of this Act, to forwith issue his warrant, directed to the Sheriff or to any constable, See m to arrest the person so charged and to bring him or her forthwith before such stice for trial, and if upon such trial the said Justice shall find that the person ~ arrested has violated any of the provisions of any Section of this Act, and such per- ~ gon shall fail to pay forthwith the fine imposed by said Justice, together with costs of prosecution, such person shall be committed by said Justice for thirty days, unless said fine and costs be sooner paid. Any fines collected by any Justice of the Peace a or constable of this State, under the provisions of this Act, shall be forthwith paid by him to the Treasurer of the Delaware Audubon Society. DISTRICT OF COLUMBIA. 30 Statutes at Large, p. 1012. 4 eae 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. Search: Sxc. 5. That to carry out the provisions of this chapter any police officer, q Bame warden having police authority, or health officer, in the District of Columbia, 7 with sworn information presented to such officer or warden, is authorized and . empowered to thoroughly inspect any house, boat, market a stall, cold storage, _ or other place of whatever character or kind, where he may ele game, meats, or _ birds, as heretofore mentioned in this chapter, may be stored or kept; and any pro- 7 -prietor, 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 2 not more than one hundred dollars nor less than twenty-five doliars, and, in default _ of such payment, to be imprisoned in the United States jail not exceeding six months. _ Imported game: Szc. 8. That wherever in this Act possession of any birds, fowls, or meats is prohibited, the fact that the said birds, fowls, or meat were killed or ~ captured outside the District of Columbia shall constitute no defense for such > peeression. Fee: Sec. 9. That any officer or other person securing the conviction of any vio- “lator 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. a Approved March 3, 1899. FLORIDA. Laws of 1905, chap. 5435, p. 116. Fish and Game wardens: Src. 1. That there may be in any county of this - State an officer whose title shall be Fish and Game Warden. ¢@ _ Appointment; Removal: Sxc. 2. That whenever a petition signed by seventy- ve freeholders in any county in this State shall be presented to the Board of County mmissioners of such county praying that a Fish and Game Warden be appointed a ' @County commissioners of Hillsborough County may appoint additional wardens _ forthe county and fix their compensation, to be paid from county funds. Laws, 1903, ag 5295. ee WARE—FLORIDA. oe } Cay ‘ > % oe Dp 7 : rt 5 basis EB ee Ret eee ne. RR RN Se ye de eg ee ee | ee eae te oe > Ferre sie ye eer aie ee Oy eh Sake Nee Ree Oe Re CERES EA Ee is I ee ae eT ee Ue MO ee ee SU ae ar ee: aa 156 | GAME COMMISSIONS AND WARDENS. ee for such county, the county Commissioners shall enter upon their minutes the fact o = J the presentation of such petition and shall forthwith request the Governor of the — State to appoint such officer, and shall recommend some suitable person resident of such county for the office. Upon such request and recommendation, the Governor ; shall appoint a Fish and Game Warden for such county, who shall hold the office for two years, and until his successor is appointed and qualified. Before entering upon ~- the duties of such office, the person appointed thereto shall be required to enter into a bond with good and sufficient surety, or sureties, to the Governor of the State of Florida, in the sum of five hundred dollars, conditioned for the faithful performance of the duties of the office to which he has been appointed, such bond to be approved as are the bonds of other county officers. The Governor may at any time remove such officer for good cause; and it shall be the duty of the County Commissioners to — : report to the Governor any neglect of duty on the part of such officer, and the Goy- ernor shall investigate such charges, and if satisfied that they are well founded, shall cause suit to be instituted on the bond of such officer for the penalty. Duties, Deputy wardens: Sec. 3. It shall be the duty of the Fish and Game Warden to see that the laws for the protection of fish, oysters and game in the county for which he is appointed are observed and obeyed and to make complaint to the proper judicial authority of the county for any infraction or violation thereof, and to see that the offender is prosecuted. The Warden may appoint Deputies in convenient localities in the county to assist him in the enforcement of the laws for the protection of fish and game. Powers: Src. 4. The Wardens and deputies shall have power to arrest and take © } before a magistrate, and subject to trial, according to law, any person violating any of the laws of the State for the protection and preservation of fish and game. And the magistrate may order the seizure of any of the implements used by the offenders in violation of such law. . Responsibility: Sec. 5. Any fish and game Warden, or his deputy, who shall fail to take cognizance and make complaint to a magistrate of the violation of any of the laws for the protection and preservation of fish and game in this State when the same is brought to his notice shall be punished by a fine not exceeding fifty dollars, and in default of payment, shall be imprisoned in the county jail for sixty days. Peace officers: Src. 6. In any county where no fish and game Warden has been appointed, the sheriff shall perform the duties of that office, provided, that nothing herein shall be construed to relieve the sheriff of counties where fish and game Wardens have been appointed from the duty of arresting and bringing to trial the violators of any law of the State for the protection and preservation of fish and game, but their duties in such cases shall be the same as in the case of violation of any other criminal law of the State. : Compensation: Sec. 7. The compensation of the fish and game Warden shall be prescribed by the County Commissioners of the county for which he is appointed, and shall be paid by such county. Provided; That in no case shall the amount paid exceed sixty dollars per month. Approved May 20, 1905. Laws of 1908, chap. 5298, p. 293. AN ACT To Regulate the Hunting of Deer, Turkey, and other Wild Game in LaFayette County. Arrest without warrant: Srec.l1. * * * Trialsfor violation of thisact shall be before the county judge or justice of the peace; and the game wardens of such z county are hereby authorized and required to arrest without warrant any person violating the provisions of this act and to take him forthwith before the nearest — justice of the peace or county judge to be dealt with according to law. atone ae pes P57 Legh a 4 * Jardens for LaFayette es Sec. 2. There shall be appointed by the “Governor upon the passage of this act in said county of LaFayette two game re Bardens who shall hold office for four years or until their successors are appointed . and qualified whose duty it shall be to see to it that the provisions of this act and % any other game laws are complied with. * * * The amounts collected for the privilege of hunting in such county under the provisions of Section one shall go to _ and belong to the game warden collecting the same. * * * Laws of 1908, chap. 5251, p. 244. License fees: Sc. 6. [As amended by Laws of 1905, chap. 5427. Non-citizens re- - quired to procure license from the Clerk of the Circuit Court of the County in which a intend to hunt, fee $10.00.] That all money collected as provided for in _ this section shall be paid by the clerk to the county treasurer and shall be applied 4 to paying the fees or salary of the game warden for said county; Provided, That in any county where there is no game warden, then all money collected as pro- _ vided for in this section shall be paid by the clerk to the county treasurer for the use _ of the fine and forfeiturefund. * * * Provided, That the provisions of this act _ ghall not apply to counties having special game laws. Informers: Sec. 7. That any person making affidavit giving information sufficient _ to convict another for violating any of the provisions of this act shall be entitled to’ E and shall receive one-half of the fine so imposed and collected, if informant be the _ game warden; any other shall receive one-third of such fine. a Laws of 1903, chap. 5295. _ Hillsborough County: Sec. 1. [Authorized county commissioners to appoint a _ game warden for Hillsborough County. ] Laws of 1905, chap. 5576, p. 414. a AN ACT To Further Protect Wild Deer and Wild Turkeys in the County of Polk, and Provide a Game 3 Warden Therefor. Warden for Polk County: Sec. 3. The Governor shall upon the passage of this _ Act, and every two years thereafter, appoint some fit and proper person Game War- _ den for said County of Polk who shall have authority to enforce the game and fish 4 laws of said State and the provisions of this Act in said County of Polk, and to ap- ent sufficient deputies for said purpose. Said Game Warden shall be entitled to _ one-half the fines and forfeitures arising from convictions of violators of the game and fish laws in said county. Laws of 1907, chap. ——. Warden for Hernando County: [The legislature of 1907 passed an act author- | 7 - iaing the appointment of a warden for Hernando County, but the text of the act was not available in time for incorporation in this bulletin. J GEORGIA. Laws of 19038, No. 447, p. 102. _. Prima facie evidence: Src. 9. * * * That in all cases of arrests made for the _ violation of any of the provisions of this Act, the possession of game or fish or of the eggs of birds protected by this Act, shall be deemed and held to be prima facie evi- _ dence of the violation of the provisions of this Act. a _ Wardens; Deputy wardens: Szc. 10: Be it enacted by the authority aforesaid, _ That whenever fifty freeholders of any County shall, by petition so request, the — Judge of the Superior Court shall appoint by order upon the minutes of the Court 3 some citizen of said County who is a qualified voter thereof as Game Warden for said a @ Laws of 1907 not received. an 9 . >) {ee a ne Set eee ad cee bs we. 5 Me eee Sie ba RNG taba 158 GAME COMMISSIONS AND WARDENS. ~ County, which appointment shall be for two years or until his successor is appoin = and qualified. [Warden must take the oath to perform his duties.] Said Warden _ may be removed from office at any time by the said Judge upon complaint being made and satisfactory proof submitted of failure to discharge his official duties. Said Warden shall appoint in each Militia District in the County for which he is Warden, a Deputy Warden, who shall be a qualified voter thereof, and who shall qualify in the same manner as the Game Warden. * * * Said Deputy shall be appointed for two years, but may be removed at any time by said Warden, said Deputy Warden shall be charged generally with the duty of enforcing the laws for the protection of game birds or animals, and such other birds as are protected by the laws of this State, and also the Jaws for the protection of fish. They are empowered to make arrests of all persons found in the act of violating said laws and to exercise the same ministerial duties as Sheriffs in the arrest of all persons charged by one with the vio- lation of said law. Said Warden and Deputy shall receive the same costs and fees as Sheriffs of this State for similar service, in the arrest and trial of persons con- victed under the provisions of this Act. And in addition thercto, one half of all fines ~ imposed in such cases when paid by the defendant, provided the Warden shall satisfy the Judge trying the same that the detection or conviction in such cases is principally the result of officia] diligence on his part. All vacancies in the office of Warden shall be filled by the Judge of the Superior Court as provided in this Act, and vacancies for Deputy Warden by said Warden. Charge to grand jury: Sec. 11. Be it further enacted by the authority aforesaid, That the Judges of the Superior Courts of this State be, and they are hereby required to give the provisions of this Act in special charge to the Grand Jury at each regular term of said Courts. Approved August 17, 1903. Laws of 19038, No. 346, p. 99. Nongame birds; wardens; charge to grand jury: Sec. 8. Be it further enacted by the authority aforesaid, That the Judges of the Superior Courts of the several Counties of this State are authorized to appoint one or more Wardens whose duties it shall be to enforce the provisions of this Act, [for the protection of nongame birds] and who shall have the same power to make arrests for violation of this Act as the Sheriffs of this State, and that the compensation of such wardens shall be one half of the fines and forfeitures imposed by the Court and paid by the violators, the other half to be paid to the School fund of the County in which the arrests are made. The Judges of the Superior Court shall give the provisions of this Act in special charge to the Grand Jury at each regular term of the Court. Approved August 15, 1903. IDAHO. Laws of 1905, page 257. ° State Warden; Src. 1. [As amended by Laws of 1907, p. 112.] The Governor shall appoint a suitable person to serve as State Fish and Game Warden, whose duty it shall be to protect the fish and game of this state, and to enforce the laws relating thereto. The State Fish and Game Warden shall hold his office for the term of two years or until his successor is appointed and qualified. Before entering upon his duties the State Fish and Game Warden shall execute a bond to the State of Idaho in the penal sum of five thousand dollars ($5,000) con- ditioned for the faithful performance of his duties, and his bond shall be approved by the Governor. The Governor shall have power at any time to remove the State Fish and Game Warden, at pleasure, for misconduct or neglect of his duties, and the Governcr shall be the exclusive judge of misconduct or neglect of duties and shall a Ma ea Om REN TS WR OTT hain tS eR MO Ng Neg a~h Ra alana gicks i ee Wit ET a ie. as as : ren upon removal appoint a successor. TheState Game Warden is hereby authorized to arrest without warrant, any person or persons found violating any of the provisions 4 ‘of the fish and game laws, when detected in the act, or found with fish or game in their possession, at the time of their arrest. _ _The State Fish and Game Warden shall be an active executive officer, and shall at i all times take the field in person in the performance of his duties when possible. _ And shall personally supervise the protection of all game and fish protected under this act and be energetic in the detection and punishment of the violators of the fish and E game laws, and shall make quarterly report to the Governor of the State of his doings | under this act beginning with the first day of April and shall keep the Governor 4 informed of his whereabouts, and shall make a biennial report to the Governor and | Legislature of the doings and conditions of his office, which report shall be made | _ during the first week of the regular session of the Legislature. fl It shall be lawful for the State Fish and Game Warden, or any person appointed by him in writing so to do, to take fish and game of any kind, dead or alive, or in any manner, under the direction of the State Fish and Game Warden, for the pur- pose of inspection, cultivation, propagation, distribution, scientific or other purposes deemed by him to be in the interest of the fish and game industry of the State. He shall make a detailed report of his official transactions, including the number and kinds of fish distributed and the locality and names of streams, ponds or lakes where the same have been placed, and submit such report to the legislature during the first weeks of its ensuing regular session. Deputy warden; Clerk: Src. 2. [As amended by laws of 1907, p. 112.] The _ State Fish and Game Warden shall have power to appoint such deputies as are neces- sary, in the various counties of this State to properly enforce the laws; and he is hereby authorized to appoint one chief deputy and two assistants, and one or more _ deputies, as the emergency may demand, in any county of this State, whenever he shall receive from such county a petition signed by ten or more resident tax payers, asking for the appointment of such deputy game warden. And such chief deputy and assistants shall each execute a bond to the State of Idaho in the penal sum of $3,000.00, conditioned for the faithful performance of their duties, and such other _ deputy wardens shall execute a bond to the State of Idaho in the penal sum of ~ $500.00, conditioned for the faithful performance of their duties, and they shall have _ the same power to make arrests as the State Fish and Game Warden. Their com- _ missions may be revoked at any time by the State Fish and Game Warden. The _ State Fish and Game Warden shall file with the Governor a list of all deputy game _ wardens appointed by him. He shall have further power to appoint one clerk, who ; shall have charge of the office and perform the clerical duties thereof. Such clerk _ shall execute a bond to the State of Idaho in the penal sum of $3,000.00 conditioned _ for the faithful performance of his duties. Production of license: Sxc. 8. [As amended by laws of 1907, p. 112. Requires a licensee to produce his license for inspection by the State warden or any of his _ deputies upon request. | q _ Peace officers; Search; Arrest; Expenses: Sxc. 12. It is hereby made the duty _ of the State fish and game warden and all deputies appointed under the provision of _ this act, and every sheriff, deputy sheriff, city marshal, constable and police officers within their respective jurisdictions in the State of Idaho, to enforce all the pro- _ visions of this act, and all laws for the protection of fish and game; and such sheriff, _ deputy sheriff, constable, city marshal, police officers and each of them by virtue of their election, or appointment, are hereby created and constituted ex officio fish and _ game wardens for their respective jurisdictions; and they and each of them and % each and every fish and game warden appointed under the provisions of this act, shall have authority, and it shall be their duty, to inspect all depots, cars, ware- 5 _ houses, cold storage rooms, storerooms, hotels, restaurants, markets, and all pack- fe IDAHO. 159 : f= 40, 2a, Se PA ee 160 GAME COMMISSIONS AND WARDENS. ages and boxes held either for storage, shipment or sale which they shall have reas & to believe contain evidence of the violation of this act, and each of said officers shall : have power and is hereby authorized to search the tents, wagons, camps or packs of _ any person or persons in this State when they shall have good reason to believe that a such person or persons have in their possession any game animals, birds or fish _ taken in violation ,of any of the provisions of this act, with or without a search ~ warrant. . 1 Any officer authorized to enforce the fish and game laws of this State shall have power, and it is hereby made his duty to arrest all persons violating any of the pro- visions of this act and cause such persons to be taken before the proper court for examination or trial as provided by law, either with or without a warrant. All necessary expenses incurred in transporting and keeping a prisoner arrested under this act, shall be paid out of the State fish and game fund upon the sworn statement of the deputy warden making the arrest approved by the State game warden and if arrested by the State game warden upon his sworn statement. Arrest without warrant: Sxc. 15. It is hereby made the duty of the State game warden and his deputies to see that all the provisions of this act are enforced and are hereby given authority to arrest without a warrant any person or persons found violating the same. Seizure: Sec. 18. [As amended by Laws of 1907, p.112.] Any person who shall have in his possession any game, fish or birds taken unlawfully is guilty of a misde- meanor. * = Any game warden, sheriff, constable or other officer of the law may at any time seize and take into his custody any game or fish or any portion of the same, which he may find at any time in the possession of any person, company or corporation during the time the killing of such game or fish is not permitted by the laws of this mene. 2 - Prosecution: Src. 20. All actions brought for. violation of the provisions of this act shall be in the name of the State of Idaho and shall be prosecuted by the county attorney for the county in which said action is commenced. And the justice of the peace or court trying such action shall, in all cases of conviction under this act, whenever any fine is imposed, order as part of the judgment of the court that the offender shall be committed to jail there to remain until said fine and costs are fully paid or otherwise legally destroyed. License fees: Src. 21. [License fees constitute part of the fish and game fund. } Salaries of wardens: Sec. 23. [As amended by Laws of 1907, p. 112.] The State Fish and Game Warden shall receive as full compensation for salary the sum of eighteen hundred dollars ($1,800.00) per annum, and one thousand dollars ($1,000.00) per annum for traveling expenses. The chief deputy shall receive as compensation twelve hundred dollars ($1,200.00) per annum and shall be allowed actual and necessary traveling expenses not to exceed six hundred dollars ($600.00) per annum. And each assistant shall receive one thousand dollars ($1,000.00) per annum and actual and necessary traveling expenses not to exceed six hundred dollars ($600.00). The clerk to the State Fish and Game Warden shall receive a salary of one thousand dollars (31,000.00) per annum as full compensation for his services. The State Fish and Game Warden, chief deputy and two assistants and the clerk shall be paid monthly on the first of each month out of the public treasury. And the chief deputy, two assistants and the clerk shall be paid upon their sworn statements, which accounts shall be approved by the State Game Warden. All other deputy wardens shall each receive as compensation the sum of three dollars ($3.00) per day for each day actually employed, but shall not be entitled to receive any traveling or other expenses, _ except when he is sent out of his district and such expenses shall be subject to approval by the State Game Warden, and shall not receive pay for more than one hundred and fifty days in one year; such compensation to be paid out of the public IDAHO—ILLINOIS. 161 treasury upon the sworn account of the deputy, which account shall be approved by the State Fish and Game Warden, and forwarded to the State Auditor: Provided, That as soon as sufficient funds are accumulated in the State fish and game fund in 4 the hands of the State Treasurer, the salary of the State Game Warden and the salaries of the deputy wardens and clerk shall be paid out of that fund. _ Fines: Sxc. 24. Upon the arrest and conviction of any person or persons for violating any of the provisions of the fish and game laws of this State the whole of the fine when collected shall be paid to the deputy fish and game warden on the first day of each 4 month and shall on the 10th day of each month be remitted to the State fish and. _ game warden and on the 15th day of each month be remitted by the State fish and game warden to the State Treasurer and shall by the State Treasurer, be placed to - the credit of the State Fish and Game Fund. 4 Peace officers; Arrest: Src. 25. Any fish and game warden appointed under the _ provisions of this act, and any sheriff, deputy sheriff, constable, city marshal, or: _ police officer may without warrant arrest any person, by him found violating any of _ the provisions of this act, and take such person therefor before a justice of the peace,. ; probate or municipal judge having jurisdiction, who shall without delay try and _ determine the matter and enter judgment according to the allegations and proof. Neglect of duty: Src. 26. Any officer, under the provisions of this act, whose _ duty it is to enforce this law shall be guilty of a misdemeanor who neglects or refuses _ to perform any of the duties required to be performed by him under any of the pro- visions of this act. _ Appropriation: Sxc. 28. [As amended by Laws of 1907, p. 112.] There is hereby 4 appropriated all of the money now standing to the credit of the State fish and game - fund and all moneys which may be received during the coming two years under the q provisions of this act, for the purpose of paying the salaries of the various officers q provided by this act, and for paying the traveling expenses provided for in this act _ and for the expenses of the office of the State Fish and Game Warden, and for the _ purpose of importing, propagating and protecting fish and game. * * * ILLINOIS. Laws of 1903, p. 206. State game commissioner; Deputy wardens: [Srec.] 16. [As amended by Laws of 1907.] In order that the provisions of this act may be more fully carried out, the Governor of the State shall appoint one State Game Commissioner, whose _ term of office shall be for the period of incumbency of the Governor appointing him or until his successor is appointed, whose duty it shall be to secure the enforcement of all the statutes of the State for the preservation of game and birds, or bring or - cause to be brought, actions and proceedings in the name of the People of the State of Illinois, to recover any and all fines and penalties provided for in such laws relat- ing to game and birds, and to prosecute all violators of said statutes. The State Game Commissioner is empowered to appoint, by and with the approval of the Goy- 2 ernor, sixteen game wardens, who shall have no other employment or business. They shall devote their sivdlee time to the work of game protection, and shall travel over the State in all seasons for this purpose, under the direction of the State Game Commissioner. Such appointments shall be for efficient service only, and regardless of political influence. The State Game Commissioner is also authorized to appoint one or more (and not to exceed three) deputy game wardens for each county of the _ State, and as manyspecial deputy game wardens as in his opinion is necessary for the proper enforcement of the law. They shall have authority with the State Game Com- ‘missioner in the enforcement of the game laws of the State, relative to game and birds throughout the State, and shall be immediately responsible to the State Game Com- SO eee Se a eee Pee TT 3 ee —. - Sac re cg eee Me Saw 162 GAME COMMISSIONS AND WARDENS. missioner and shall report to and receive their instructions from him. Such gam wardens and deputy game wardens shall be subject to removal by the State Gam Commissioner at any time. Powers; Duties; Peace officers; Seizure: [Src.] 17. Such State Game Chom missioner, game warden, and their deputies shall have full power to execute and a serve all warrants and processes of law issued by any justice of the peace or police magistrate, or by any court having jurisdiction under the law relating to the game in the same manner as any constable may serve and execute such process, and may arrest on sight and without warrant, any person detected by them actually violating any of the provisions of the laws of the State relating to game and birds, and may take such person so offending before any court having jurisdiction of the offense, and make proper complaint before such court, which shall proceed with the case in the manner and form provided by law for misdemeanor. It shall further be the duty of such State Game Commissioner, game wardens or their deputies, upon receiving any information that any law lahrges to game and birds has been violated, to immedi- ately cause a thorough examination of such complaint to be made, and to cause pro- ceedings to be instituted if the proof at hand warrants; and all sheriffs, deputy sheriffs, coroners and police officers of the State are hereby declared to be ex officio deputy game wardens and it shall be the duty of each and every one of them to assist the State Game Commissioner, game wardensand their deputies in the enforce- ment of the State game laws the same as it is their duty to assist in the enforcement of other laws, and such State Game Commissioner, game wardens and deputy game wardens shall seize on sight, without process, any game found in the possession of any person or corporation which is so in possession contrary to law. Compensation; Expenses; Propagation: [Src.] 18. [As amended by Laws of 1907.] Such State Game Commissioner shall receive a salary of twenty-five hundred dollars per year, and his actual expenses and disbursements while traveling in the line of his duties. He shall also be allowed such printing, stationery, postage, office rent, office furniture and supplies, clerical and other assistance, not to exceed ten employés, as is necessary to enable him to properly perform the duties of State Game Commissioner and carry out the provisions of this act. The game wardens provided for in this act shall receive nine hundred dollars per annum, payable monthly. In addition to the salary per annum provided for, such game wardens _ shall receive their actual and necessary expenses incurred while working under the direction of the State Game Commissioner. The deputy game wardens appointed for any county shall receive aper diem, when actually employed, not exceeding two dollars per day and necessary traveling expenses, to be fixed by the State Game Commissioner. Special game wardens appointed under this act shall serve without pay, except that they shall receive one-half of all fines recovered for violations of this act in cases where they have filed the complaint. The deputy game wardens shall also receive one-half of all fines recovered for violations of this act, in cases where they file the complaint; the remaining one-half of the fine to be paid into the State game protection fund. And in cases where the violator does not pay a fine, but is committed to jail, said deputy and special game wardens shall be reimbursed for their actual expenses; but such expenses shall not be paid in any case other than game cases or cases relatingto license. Should the State game protection fund become exhausted during any year, the State Game Commissioner shall have the power and authority to suspend any number or all game wardens or deputies until such fund is again replenished. Should at any time a surplus accumulate in the State game pro- tection fund, over and above the amount necessary for the operating expenses of the — 3 department, the State Game Commissioner shall have the power and authority to use such surplus for the purchase and propagation of quail, prairie chicken, pheasants and other game birds and animals, for the purpose of restocking sections of the State in which there exists a scarcity of the above mentioned game birds, and for exter- 4 _ ILLINOIS. | inating crows and hawks. All moneys used for the payment of salaries, expenses and other disbursements mentioned in this section, including the salary of the State _ Game Commissioner, shall be taken from and charged to the State game protection - fund, and the Auditor of Public Accounts is hereby authorized and directed to draw _ warrants for the same upon the presentation of proper vouchers certified to by the P _ State Game Commissioner and approved by the Governor, and the State Treasurer ~ shall pay the same out of the State game protection fund. Search: [Src.] 19. If said State Game Commissioner, game wardens and depu- _ ties, or either of them, has reason to believe, or does believe, that any person or cor- poration has in his or their possession, contrary to law, any game, deer, wild fowl or bird, it shall be the duty of such game commissioner, game wardens or deputies to go before any justice of the peace in the county and make affidavit to that fact; said justice shall thereupon issue a search warrant against the person or corporation so complained of, directed to any constable of the county, commanding him to proceed at once and search for said game, deer, wild fowl or bird, and upon finding the same _ to seize and take possession of the same and keep it until further ordered by the _ justice; said constable shall also read said warrant to the owner or person in whose possession said game, deer, wild fowl or bird is found. Said warrant shall be sub- _ stantially as follows: 7 a _ Srate oF ILirnois, \ ss, Cee County, fs ~~ _ To any constable of said county, ereeting: You are hereby commanded to search (here describe place), seize and take posses- _ sion of and hold any game, wild fowlor bird found there. And you (here name - owner or person or corporation in whose possession game is found) are hereby noti- fied to appear before me at my office in (here locate office) on (here state time of trial), and show cause why the game, deer, wild fowl or birds should not be sold and _ the proceeds thereof distributed, as required by law. \ (Signature of Justice. ) 4 Justice of the Peace. (Date of warrant. ) Hearing: [Szc.] 20. At the time mentioned in said warrant said justice shall pro- _ ceed to hear and determine whether said game, deer, wild fowl or bird was in the - possession of the person or corporation contrary to law, and if said justice finds that ‘said game, deer, wild fowl or bird was in the possession of the defendant contrary to _ law, then said justice shall enter judgment against the defendant and order a sale of _ the game, deer, wild fowl or bird seized; but if said justice shall find that the pos- - session of said game, deer, wild fowl or bird was not contrary to law, then the judg- ment of the court shall be that the same be returned to the person or corporation from whom the same was taken. 3 Sale: [Src.] 21. In case of a judgment and order of sale, as specified in section 20, _ the said constable shall at once post two notices, one at the justice’s officeand one at the _ place of sale, specifying in each notice the time and place of sale—not less than five © _ hours from the date of judgment—also a description of the game, deer or wild fowl _ to be sold; said place of sale shall be upon the principal produce street or market of _ the city; said constable shall, at the time and place mentioned in said notices, sell said game, deer, wild fowl or bird at public auction to the highest bidder, for cash, and at once pay the proceeds of such sale into the justice’s court; said constable _ shall give to the purchaser a certificate of purchase, in which shall be a particular _ description of the game sold, together with the date of sale. _ Proceeds: [Src.] 22. Said justice shall, as soon as the proceeds of sale are paid into his court, deduct the amount of his costs, together with the constable’s costs, _ and distribute the balance as follows: One-half shall be paid to the game warden or _ deputy making the complaint, which shall be kept by him for his services, and one- _ half paid into the State treasury at once, for the benefit of the ganie protection fund. _ Reports: [Sxc.] 23. [As amended by Laws of sai p. 273.] Said State Game 4358—No, 28—O7 12 — 164 GAME COMMISSIONS AND WARDENS. Commissioner shall make an annual report to the Governor, which shall include the © reports of the game wardens and deputy wardens, showing the number and kind of game, deer, wild fowl and birds seized, and what disposition was made of them, and the amount of proceeds of sale. Said reports shall also contain a statement of all moneys received from all sources and a statement of all disbursements of every kind. Nonliability: [Src.] 24. The} State Game Commissioner, game wardens and deputy game wardens shall not be liable for any damage or costs sustained- by any person or corporations by reason of the wrongful seizure of game, deer, wild fowl or birds under this act. License fees; Action: [Src.] 25. [As amended by Laws of 1907. Establishes resident and nonresident licenses, limits bag, and number of birds that may be exported under nonresident license.] The license fees above provided for shall be paid by the said clerk to the State Treasurer at the end of each month, and shall be placed to the credit of a fund to be known as the ‘‘State Game Protection Fund,” and shall be disbursed by the State Treasurer on vouchers certified to by the State Game Commissioner and approved by the Governor, and filed with the Auditor of Public Accounts, who shall draw his warrant therefor on the State Treasurer. * * * And no person to whom a license has been issued shall be entitled to hunt, pursue or kill game or rabbits in this State without at the time of such hunting, pursuing and killing of game, he or she shall have such license in his or her name and upon his or her person, ready to exhibit the same for inspection, and such license shall be void after the first day of June next succeeding its issuance. * * * Any person found guilty of violating any of the provisions of this section shall be deemed guilty of a - misdemeanor, and upon conviction thereof shall be fined in any sum not less than twenty-five dollars nor more than fifty dollars for each and every offense, and shall stand committed to the county jail until such fine and costs are paid, but such impris- onment shall not exeeed thirty days for each offense; or such person may be pro- ceeded against in an action of debt in the name of the people of the State of Illinois, for the recovery of the penalty herein prescribed. Forgery: [Src.] 26. Any person who shall at any time alter or change in any material manner or loan or transfer to another, any license issued as aforesaid, shall be deemed guilty of forgery, and, on conviction thereof shall be subject to the pen- alties provided for the commission of forgery. Prosecutions; State’s attorneys; Peace officers; Fines: [Src.] 27. All prose- cutions for the violation of the provisions of the act relating to license shall be brought by any person, in the name of the people of the State of Illinois against any ~ person or persons violating any of the provisions of this act, so far as it relates to licenses, before any court of competent jurisdiction; and it is hereby made the duty of all State’s attorneys to see that the provisions of this act are enforced in their respective counties, and shall prosecute all offenders on receiving information of the violation of any of the provisions of this act; and itis made the duty of all sheriffs, deputy sheriffs, constables and police officers to inform against and prosecute all per- sons whom there is a reasonable cause to believe are guilty of violating any of the provisions of this act; one-half of the amount recovered in any penal action under this act, in so far as it relates to license, shall be paid to the person filing the com- plaint in such action, and the remaining one-half to the game protection fund; the moneys for such fund shall be by the magistrate or court before whom the case is tried, at once transmitted to the State Treasurer, and by him placed to the credit of said fund. Hunting on another’s lands: [Suc.] 29. Any person or persons violating section ~ 28 of this act [prohibiting hunting on land of another without permission] shall be deemed guilty of a misdemeanor, and may be prosecuted in the name of the People of the State of Illinois, before any justice of the peace, or by indictment, or information in any court in the county where such misdemeanor was committed: Provided, That PMU RIE MYRRH OMEN iat, Me urBash WEwarnelsa tian Of) y fas NM caa ae bu mrhepaer ray, Ot TAS ELLEN Pia sem ae hay tel hie ft ) ' Vay ou iy ILLINOIS—INDIANA. : 165 , all such prosecutions the owner, or owners or persons in possession of said grounds : or lands, shall not be required to prove title to the grounds or lands in controversy. Prima facie evidence: [Src.] 7. [Exempts common carriers from liability for “possession of game in close season when transporting it through the State.] But, not- withstanding this provision, the having 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 pos- uilt, bind said violator over to the grand jury), or before any court of competent urisdiction; and it is hereby made the duty of the State’s attorney to see that the rovisions of this act are enforced in their respective counties, and they shall prose- | of violating any of the provisions of this act. One-half of the amount recovered in ny penal action under the provisions of this act shall be paid to the person filing he complaint in such action, and the remaining one-half to the game protection | Limitation: [Src.] 9. All prosecutions under this act shall be commenced within | six months from the time such offense was committed and not afterwards. | Fines: [Sxc.] 10. [As amended by Laws of 1907.] * * * The one-half of all — fines imposed and collected under this act shall be paid to the informer, and the bal- ance shall be paid to the game protection fund. _ Approved April 28, 1903. INDIANA. a Laws of 1899, Chap. XXXI, p. 44. a Commissioner: Src. 1. Be it enacted by the General Assembly of the State of Indiana, That the Governor immediately after the taking effect of this Act, shall appoint a suitable person, who shall be a citizen of the State of Indiana, to discharge the duties hereinafter prescribed who shall be known as Commissioner of Fisheries and Game, and who shall hold his office for four years, subject to removal by the Ke overnor for incompetency, or other cause that would render him an improper per- | son to longer hold the office. _ Duties; Powers; Deputies: Src. 2. * * * Said Commissioner shall inquire into the best methods of preserving and propagating the game birds and song birds Bt ow in this State and shall introduce such varieties of food and game birds, foreign t 0 the State, as may be deemed for the best interests of the people of the State. Said ¢ Commissioner may take or cause to be taken, any fish or game, in any manner and at any time, for purposes connected with fish or game culture, protection, preserva- tion or propagation, or with scientific observation. Provided, That in all cases of ‘scientific observation he shall require a permit from the Indiana Academy of Science. Said Commissioner shall also see that all laws for the protection of fish and game are forced, and shall institute proceedings for the violation and punishment of any person or persons violating said laws within the State of Indiana, and shall have all hi t the powers given to any Township Trustee or Road Supervisor for the enforcement | of said fish or game laws, and shall have power to appoint a deputy or deputies in 166 any county of the State for the purpose of aiding in the enforcement of such laws, ¥ who shall receive no other compensation than that provided in Section seven (7) of this Act.¢ a. Arrest: Src. 4. The said Commissioner and his deputies shall have the authority to arrest, without writ, rule, order or process any person in the act of committing or attempting to commit a crime or misdemeanor, in his presence, in violation of the fish and game laws of this State, and they are hereby made peace officers of this State for that purpose. Bond: Sec. 5. [Commissioner required to give bond of $2,000 for faithful per- formance of duties and proper expenditure of moneys coming into his possession as Commissioner. ] Report: Sec. 6. Such Commissioner shall report the result of his investigations, — experiments and labors to the next General Assembly succeeding his appointment, which report shall also embrace all necessary suggestions and recommendations that he may deem proper to increase the efficiency and value of fish and game culture to © the citizens of this State. Compensation, Prosecution: Src. 7. That said Commissioner shall have and receive for his services the sum of $1,200.00 per annum, to be paid out of any money in the State Treasury, not otherwise appropriated, in quarterly instalments, on the warrant of the Auditor of State in the same manner and upon the same vouchers as other officers of the State are paid, and in addition thereto the sum of $1,200.00 per annum for traveling and office expenses, and the same shall be all the compensation that he shall be entitled to receive from the State, which sums shall be paid out of any money in the Treasury not otherwise appropriated, in quarterly instalments. Said Commissioner may have his appearance entered with a prosecuting attorney in — any proceedings brought by said commissioner for the prosecution of any person for the violation of any law for the protection of fish, or game, and may be present in - person or by deputy and assist said prosecuting attorney, * * *. Approved February 13, 1899. Laws of 1889, Chap. CCXXXIX, p. 449. Road supervisors: Src. 1. Be it enacted by the General Assembly of the State of Indiana, That it shall be the duty of the road supervisors to arrest or cause to be arrested and to proseéute or cause to be prosecuted, any or all persons violating any of the provisions of the acts, or any law heretofore or hereafter to be enacted, for the protection of game and fish. And, said road supervisors shall be allowed a fee of five dollars, to be taxed as costs against each person convicted of violating any of the provisions of said laws. » Penalty: Src. 2. Any road supervisor who shall fail or refuse to discharge the duties of constables as aforesaid, and make or cause to be made said arrests, and prosecute or cause to be prosecuted all cases coming to his knowledge of violation of the game and fish laws of the state, shall, upon conviction, be fined in any sum not less than five nor more than twenty-five dollars. Approved March 11, 1889. Laws of 1901, Chap. CCIII, p. 442. Deputies; Auditor’s report: Srec.15. * * * The Commissioner of Fisheries and Game shall be permitted to employ assistants or deputies, if the fund so provided is sufficient for that purpose; but no person or deputy so employed, aside from the chief deputy, shall be paid to exceed the sum of sixty dollars per month and actual — expenses. On or before the 10th of each month the Auditor of State shall report to — the Commissioner of Fisheries and Game the amount remaining unexpended in such ~ fish and game protective fund on the last day of the preceding month. | a4See sec. 626, Laws of 1905. INDIANA—IOWA. | 167 Laws of 1905, chap. 169, p. 584. An Act concerning public offenses. _ Common carriers: Src. 14. Prosecutions against any railroad company, express company, common carrier or person, for transporting game or birds in violation of law, may be had in any county where such game or birds shall have been received for transportation, or into which they may come for the purposes of, or during the - course of, such transportation. Prima facie evidence: Sxc. 251. The possession by any railroad company, express company, common carrier or person, of any game or birds marked or labeled for any point beyond the limits of this state, or which shall be shown by any way- bill, bill of lading or shipping book, to be intended for delivery at any place beyond the limits of this state, shall be prima facie evidence of the violation of the pro- visions of law with respect to the transportation of game or birds. Each act separate offense: Srec. 594. * * * Each act of netting or trapping, or attempt to net or trap quail, or each day’s possession of such net or trap, shall be deemed and held to be a separate and distinct offense and punishable as such. _ Each day separate offense: Src. 608. [Unlawful to hunt any game except _ waterfowl from Oct. 1 to Nov. 10], every day this section is violated shall constitute a separate offense. Production of license: Suc. 609. [As amended by Laws of 1907, chap. 216. _ Requires residents to procure license to hunt; fees to be paid into fish and game " protective fund]. Any person securing such license shall have the same in his pos- - session when hunting, and shall show same to the commissioner of fisheries and _ game or his deputy, upon request, * * * _ Fund: Sec. 611. [Requires’ nonresidents to procure license to hunt; fees to be _ paid into fish and game protective fund. ] _ Fund: Sec. 626. In all cases of conviction or on pleas of guilty of violating any of the provisions of this act in relation to fish or game, there shall be taxed against each defendant so convicted, in favor of the commissioner of fisheries and game, a fee of twenty dollars as a part of the costs. Said fees shall be paid by the officer collecting the same to the auditor of state every sixty days, on the first day of alter- nate months, in the manner in which license fees referred to in section 611 of this act are paid; and such fees shall be paid to the treasurer of state by the auditor of state as a part of the fish and game protective fund to be expended by the commis- ‘sioner of fisheries and game in paying rewards and other expenses for the detection and conviction of persons who violate Must veislleiats of this act, and the fish and game laws of the state. IOWA. Code of 1897, Title XII, chap. 15, p. 884. | State fish and game warden; Compensation; Duties; Powers: Sec. 2539. [As amended by Laws 1898, chap. 64; and Laws of 1902, chap. 103.] There is hereby _ereated the office of state fish and game warden. The warden shall be appointed by the governor, and hold his office for three years from the first day of April of the year of his appointment. He shall receive a salary of twelve hundred dollars annu- ally to be paid out of the state treasury. He shall have charge and management of the state fish hatcheries, which shall be used in stocking the waters of the state with fish native to the country and to the extent of the means provided by the state. He shall impartially and equitably distribute all fry raised by or furnished to the state, or for it through other sources, in the streams and lakes of the state; shall faithfully and impartially enforce obedience of the provisions of this chapter, and shall make a biennial report to the governor of his doings, together with such information upon the subject of the culture of fish and the protection of game in the country as he may think proper, accompanied with an itemized statement monthly to the executive ouncil under oath of all moneys expended and for what purposes, and of the num- a aa / 168 GAME COMMISSIONS AND WARDENS. ber and varieties of fish distributed, and in what waters. It shall be the duty of reat i. fish and game warden, sheriffs, constables, and police officers of this state to seize and take possession of any fish, birds, or animals 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 the provisions of this chapter. Such seizure may be made without a warrant. Any court having jurisdiction of the offense, upon receiving proof of probable cause for believing in the concealment oj any fish, birds, or animals, caught, taken, killed, had in possession, under control, or shipped con- trary to any of the provisions of this chapter, shall issue a search-warrant and cause ~ a search to be made in any place therefor. Any fish, birds, or animals so found shall be sold for the purpose of paying the costs in the case, and the amount, if any, in excess of the costs shall be turned into the school fund of the county in which the’ seizure is made. Any net, seine, trap, contrivance, material, and substance what- ever, while in use or had and maintained for the purpose of catching, taking, killing, trapping or deceiving any fish, birds, or animals contrary to any of the provisions of this chapter is hereby declared to'be, and is, a public nuisance, and it shall be the duty of the fish and game warden, sheriffs, constables, and police officers of the state, without warrant or process, to take or seize any and all of the same, and abate and destroy any and all of the same without warrant or process and no liability shall be incurred to the owner or any other person for such seizure and destruction and said warden or his regularly constituted deputies or other peace officers as hereinbefore named shall be released from all liability to any person or persons whomsoever for any act done or committed or property seized or destroyed under or by virtue of this section. Prima facie evidence: Src. 2554. It shall 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 dur- ing such prohibited period, except during the first five days thereof, shall be pre- sumptive evidence of a violation of the provisions of this chapter relating to game. Prosecutions; Attorney General’s opinion: Src. 2559. [As amended by Laws _ of 1898, chap. 64.] In all prosecutions under this chapter, any number of violations may be included in the information, but each one shall be set out in a separate count, and upon conviction there shall be taxed as a part of the costs in the case a fee of five dollars to the informant, and a like fee of five dollars to the attorney prosecuting the case, upon each count upon which there is a plea or verdict of guilty and judgment of conviction; but in no event shall this fee be paid out of the county treasury. Prosecutions for violations of any provisions of this chapter may be brought either in the county in which the offence was committed, or in any other county where the person, company or corporation complained of has had or has in his or their possession any fish, birds or animals named herein and bought, sold, caught, taken, killed, trapped or ensnared in violation hereof. When requested by the fish and game warden the attorney general shall give his opinion, in writing, upon all questions of law pertaining to the office of such warden. Nothing in this chapter shall be construed as prohibiting any person from instituting legal proceed- ings for the enforcement of any provisions hereof. Trespass: Src. 2560. [Prohibits hunting on land of another without permission, ] but no prosecution shall be commenced under this section except upon the informa- — tion of the owner, occupant or agent of such cultivated or enclosed lands. Deputies: Src. 2562. The fish and game warden may appoint such number of deputies as he may deem necessary, who shall serve without expense to the state, and whose duties shall be to report to the warden all violations of the fish and game laws and aid him in the enforcement thereof. ’ RUIN ae see ener © Fae 6 LE” eee ee OT a ON AT ee eA moe | IOWA—KANSAS. 169 Laws of 1900, chap. 86, p. 64. AG ss a "i Act to be enforced: Sec. 8. It shall be the duty of county attorneys and all _ peace officers to see that this act [requiring nonresidents to procure licenses and pre- - scribing penalties therefor] is strictly enforced, the same as other game laws of the state. Laws of 1900, chap. 87, p. 66, Fund: Sec. 1. [Repealing Laws of 1900, chap. 86, sec. 6.] That all license money 4 paid or collected under this act shall be credited by the county treasurer to a fund _ known as a game protection fund, to be used to defray the expenses of enforcing the _ Jaw for the protection of game, such expenses to be allowed and ordered paid by the board of supervisors of the county. KANSAS. Laws of 1905, chap. 267, p. 411. _ State fish and game warden; Term; Compensation: Src. 1. Immediately _ after the taking effect of this act the governor shall appoint, and every four years _ thereafter, a state fish-and game-warden, who shall be a citizén of the state, who shall possess the requisite knowledge of the duties of a fish-and game-warden, and _ who shall hold his office for the term of four years or until his successor shall be appointed and qualified, and such fish and game warden shall receive a salary of fif- _ teen hundred dollars per annum. . Propagation; Report: Sec. 2. The fish-and game-warden shall have the man- E: agement of the state fish hatchery, shall carry out the provisions of law respecting _ the breeding and propagating of game and food fish and the distribution of young fish throughout the waters of the state, and shall enforce the fish and game laws of the state. * * * The fish and game warden shall make a biennial report to the governor, making such recommendations or suggestions as he may think best to pro- tect the game and fish of this state and to replenish the streams and: other waters - with food-and game-fish. Deputies: Src. 3. The state fish-and game-warden shall, immediately after his - appointment, appoint one or more deputy fish-and game-wardens in each county in _ this state where ten resident taxpayers request him to do so, whose duty it shall be to aid such state fish-and game-warden in carrying out the provisions of this act. Such deputy fish-and game-wardens shall receive no compensation for their services _ other than is provided in this act. The appointment of such deputies may by the _ fish-and game-warden be revoked at any time. 7 Powers; Fees: Src. 4. The state fish-and game-warden and each of the deputy - fish-and game-wardens shall have the power of a constable or police officer to arrest _ without warrant any person or persons by him or them caught in the act of violating _ any of the fish and game laws of this state, and with a warrant under other circum- stances, and to bring such persons before the proper court for trial; and in each case _ of conviction there shall be assessed as part of the costs the sum of ten dollars for the _ person making such arrest, to be collected off the defendant, together with the mile- _ age allowed by law to constables. : Production of license: Src. 9. Every person holding a hunter’s license taken out __as aforesaid shall carry the same with him while hunting, and on demand by the fish-and game-warden, or any deputy fish-and game-warden, or any constable, mar- _ shal or other police officer charged with the enforcement of the provisions of this act, shall permit said license to be examined by the officer demanding the same. _ Failure to produce such license for examination shall immediately terminate said ~ license: Prosecution: Src. 14. Ina prosecution of any Hernon or persons for a violation _ of any of the provisions of this act, it shall not be necessary to state in the complaint iad] 170 GAME COMMISSIONS AND WARDENS. the true or ornithological name of the squirrel, bird or birds caught, killed, trapped, snared, sold, or offered for sale, shipped, or had in possession, nor to state the true or scientific name of the fish caught, taken or in any way killed in violation of the provisions of this act, nor to state in the complaint or to prove at the trial that the catching or killing or having in possession of any wild bird hereinbefore named, or that the catching of any fish, was not for the sole purpose of using or preserving it as a specimen for scientific purposes. Prima facie evidence: Src. 15. The having in possession by any person or per- sons, company or corporation of any bird named in section 7 of this act [partridge,- grouse, prairie chicken, quail, plover, pheasant, duck, goose, brant, dove, oriole, meadow lark, robin, thrush, red bird, mocking bird, bluebird] at any time, except by a person who has lawiully killed the same, * * * shall be prima facie eyi- dence oi the violation of the provisions of this act. Penalty; Separate offense: Sec. 17. Any*person or the manager, agent or employee of any company or corporation found guilty of a violation of the provisions of this act shall, upon conviction thereoi before any court of competent jurisdiction, be fined in the sum of not less than five dollars nor more than one hundred dollars for each and every offense, and shall be adjudged to pay the costs of the prosecution, and shall be committed to the jail of the county in which the offense was committed until such costs and fine are paid; provided, that the catching, taking or killing of each bird or fish caught, taken or killed in violation of the provisions of this act shall constitute a separate offense. Peace officers; Nonliability: Src. 18. It shall be the duty of all constables, marshals and police officers in this state to diligently inquire into and prosecute all violations of this act, or other fish or game laws of this state. Any such officers hereinbefore named, having knowledge or notice of any violation of the provisions of this act shall forthwith make complaint before some court of competent jurisdic- tion; provided, that such officer making complaint as aforesaid shall in no event be liable for costs unless it shall be found by the court or jury that the complaint was filed for malicious purposes and without probable cause; provided further, that any officer who shall neglect or refuse to prosecute any violator of the provisions of this act, upon proper information being laid before him, shall himself be deemed guilty of a misdemeanor, and upon conviction shall be punished as provided in section 17 of this act. Special attorney: Src. 19. That if any county attorney or other prosecuting offi- cer shall neglect or refuse to prosecute any person or persons charged with a viola- tion of any of the provisions of this act, any court, judge or justice of the peace hay- ing jurisdiction of the offense may appoint an attorney at law to prosecute such per- son or persons, and the attorney so prosecuting shall receive a fee of ten dollars, to be taxed to the defendant in every case where conviction shall be had. Fund: Sec. 20. * * * All sums paid into the state treasury for licenses shall be credited to the state game- and fish-warden fund and become immediately avail- able to carry out the provisions of this act. Inspection: Src. 21. Itshall be the duty of the fish-and game-warden at reasonable intervals to inspect all places of the state where meat, fish and game is [are] kept for sale or shipment or stored for pay; and it shall be the duty of any person engaged in the business of buying, selling, shipping or storing for pay meat, fish or game within the state, upon the demand of the fish and game warden, to permit an inspec- tion of their place of business by such warden; and any such person who shall reiuse upon demand to permit the inspection herein provided for shall be deemed guilty of a misdemeanor, and, upon conviction thereof in any court of competent jurisdiction, shall be fined in the sum of not less than ten dollars and not more than fifty dollars for the first offense, and not less than fifty dollars nor more than one hundred dollars for each subsequent offense. Approved Feb. 18, 1905. ns ye ty a il a ae nse Me) ba a EO ee ee 4 oa eee eae pew. Sh hy hgh wd wees ; . i, ; ‘ KANSAS—KENTUCKY. © tT?! Laws of 1908, chap. 320, p. 494. | - Reward: Src. 3. That a reward of twenty-five dollars be given to the person or - persons giving information leading to the arrest and conviction of any person or _ persons violating this law [protecting antelope for 5 years]. q Laws of 1907, chap. 218, p. 339. . |An act for protection of Hungarian partridges, English, Mongolian and Chinese pheasants for six years. ] Prima facie evidence: Src. 2. The having in possession except for breeding pur- poses by any persons, company or corporation of any of the birds mentioned in section 1 of this act shall be deemed prima facie evidence of the violation of this act. ' Approved Feb. 25, 1907. KENTUCKY. | q Barbour & Carroll’s Statutes, 1894, chap. 57, p. 718. | —S« Prima facie evidence: Src. 1950. The possession of any of the animals or birds intended to be protected by this law within the periods for which their killing or pursuit is hereby prohibited, shall be prima facie evidence that the said animal or bird was unlawfully caught or killed and the possession thereof unlawful. Separate offense: Src. 1952. The unlawful killing, catching or possession of each and every one of the animals or birds intended to be protected by this law shall | constitute a separate and distinct offense, and shall be punished accordingly, and two or more offenses may be joined in the same warrant or indictment therefor; and _ the person so offending, if convicted, shall be fined for each offense, and fifty per | centum of said fine shall be paid to the informer. Arrest; Search: Src. 1953. Any county judge, justice of the peace, or police or | other magistrate, upon receiving sufficient proof by affidavits that any of the pro- | visions of this chapter have been violated by any person being temporarily within | his jurisdiction, but not residing therein permanently, or by any person whose name or residence is unknown, is hereby authorized and required to issue his warrant for _ the arrest of such person, and cause him to be held to bail to answer the charges _ against him; and any such justice or magistrate, upon receiving proof or having _ reasonable grounds to believe that any game mentioned in this chapter is concealed during any of the periods for which the possession thereof is prohibited, shall issue _ his search warrant, and cause seach to be made in any house, market, boat, box, _ package, car or other place, and shall cause the arrest and trial of any person in _ whose possession such game is found. Peace and other officers: Src. 1954. It is hereby made the duty of the several mayors of the several cities and towns within the commonwealth to require their _ respective police or constabulary force, and it is hereby made their duty, as well as the duty of all market-masters or clerks of markets of any city or towns to diligently _ search out and arrest or have arrested, as for a misdemeanor, all persons violating : the provisions of this chapter by having any game mentioned herein unlawfully in _ their possession, or offering the same for sale during any of the periods during _ which the killing of such game is prohibited. And any officer whose duty be to enforce the provisions of this chapter, who shall fail or refuse, upon sufficient information, to discharge the duties imposed upon him by this chapter, shall be held _ guilty of misfeasance in office, and shall, on conviction thereof, be punished by fine _ not less than twenty nor more than fifty dollars for each offense. * * * 4 Acts of 1904, chap. 68, p. 150. oe — aT se 4 Wardens: [Src.] 1. The offices of fish and game wardens are hereby created. _ Appointment: [Src.] 2. The county judge of each county shall appoint one or more fish and game wardens for each county in the State, who shall hold office and ie GAME COMMISSIONS AND WARDENS. be subject to removal therefrom at the pleasure of the county judge. Each game warden, before entering on the duty of his office shall execute his bond to the Com- monwealth, with good surety, to be approved by the county judge. Duties; Powers; Fees: [Sxc.] 3. It shall be the duty of fish and game war- dens to enforce within this State all laws relating to the protection, preservation and propagation of fish, birds and game. Hach fish and game warden shall have full power to execute and serve all warrants and process of law issued for, in connection with or growing out of, the enforcement of any law relating to the protection, preser- vation or propagation of fish, birds and game in the same manner and to a like extent that any sheriff or constable may serve and execute such process, and shall be entitled to the same fees for said services as are now allowed by law to sheriffs for similar services in criminal cases. They may arrest on sight and without warrant any person detected by them in the act of violating any such law; they shall have the same right as sheriffs to require aid in executing any process or in arresting without process any person found by them in the act of violating any of said laws; and they shall have authority to seize without process any birds, fish or game then found in the possession of any such person, together with the guns, nets, seines, traps or other devices with which the same were taken or killed. and destroy or con- fiscate such guns, nets, seines, traps or other devices, and forthwith convey such offender before a court or magistrate, having jurisdiction of the offense, and such court or magistrate shall, upon the filing by the warden of a proper complaint, pro- ceed speedily to try and determine the truth of the charge. Fees: [Src.] 4. After payment of the percentage of fines allowed by law to the other public officers, the remainder shall go to the fish and game warden instituting the prosecution, and upon filing a verified claim with the Auditor, he shall draw his — warrant upon the Treasurer in favor of such fish and game warden. Approved March 21, 1904. Acts of 1904, chap. 107, p. 262. Separate offense: [Src.] 3. Each bird or fowl so bought, sold, offered for sale, had in possession for sale or transportation, received for transportation, or trans- ported, contrary to the provisions of this act [prohibiting sale and transportation of wild turkey, pheasant, grouse, partridge and quail], shall constitute a separate offense. | Approved March 24, 1904. LOUISIANA. Acts of 1904, No. 126, p. 287. Nonresident and alien hunting license: Src. 13. [Establishes a $10 hunting license for nonresidents and unnaturalized foreign born residents, requires possession of such license while hunting, and production upon request of any officer.] Every non-resident and unnaturalized foreign born resident found hunting without the aforesaid license may be arrested on sight by any officer or warden * * * Nonresident and alien market license: Sxc. 14. [Establishesa$25 market-hunting license for nonresidents and unnaturalized foreign born residents, and requires produc- tion of the license upon request of any officer.] Every nonresident or unnaturalized foreign born resident hunting game birds for profit either to himself or others without said license, may be arrested on sight by any officer * * * Fund: Sec. 16. * * * That all fees and fines collected under the provisions of this act, except as herein provided, shall go to a fund kept by the State Treasurer called the State game protective fund, of which the State Treasurer shall keep accu- rate accounts and report same to the Governor and General Assembly. LOUISIANA——MAINE. WSs Game wardens: Src. 17. Be it further enacted, etc., That it shall be the duty of the police juries of each parish of the State to appoint one or more reputable citizens to act as game wardens in that particular parish, and said officers shall have power and authority to arrest without warrant any person or persons found violating any of the provisions of this act, and to search without warrant any cold storage or refrigerating plant, car, vessel, vehicle, or package, wherein he or they may believe any birds named in the act may be kept or stored contrary to the provisions of the act. The said game wardens so appointed shall also have the right to confiscate all game birds which he or they may find in the possession of any person or persons during the close season, and this irrespective of the time when or place where such birds may have been killed or caught, and such person or persons shall have no redress at law for such seizure of property unlawfully had in possession. Informer: Src. 18. Be it further enacted, etc., That any person or persons report- ing to the game wardens or other officers authorized under the law of the State to institute a prosecution against any person or persons,. or corporations, for violations of the provisions of this act, shall receive for such report, in case of conviction 50 per cent of the fine collected from such person or persons, or corporations; the remain- der of the said fine levied and collected shall go to the State game protective fund. Otherwise the whole fine collected shall go to said State game protective fund. Approved, July 5, 1904. MAINE. Revised Statutes, 1903, chap. 32, p. 351. Commissioners; Clerk: Ssc. 34. The governor, with the advice and consent of the council, shall appoint three persons to be commissioners of inland fisheries and game, one of whom shall be the land agent of the state, and shall hold the office so long as he shall continue to be land agent ; the other two commissioners shall hold their office for three years, and until their successors are appointed and qualified. Said commissioners shall be provided with an office in the state capitol, with suit- able furniture, stationery and other facilities for the transaction of the business of the department, and they may appoint a clerk. Laws of 1905, chap. 84. Chairman: Sec. 1. The governor with the advice and consent of the council shall appoint one of the commissioners of inland fisheries and game to be the chairman thereof, and he shall be designated and commissioned as such for the term of two years. After the expiration of the first term a chairman shall be appointed in the manner and for the term now prescribed by law for the appointment of any one of said com- missioners ; but the land agent shall not be eligible to the office of chairman. Compensation; Allowances: Src. 2. The chairman of the commissioners of inland fisheries and game shall receive an annual salary of two thousand dollars; the land agent, forest commissioner and member of the commissioners of inland fisheries and game, combining the three offices in one appointee, two thousand dollars; the other member of the commissioners of inland fisheries and game, one thousand dollars, and in addition to their salaries, actual traveling expenses to be audited by the governor and council. The salary of the clerk of the commissioners of inland fisheries and game shall be seven hundred and fifty dollars, and the salary of the clerk to the land agent and forest commissioner shall be one thousand dollars. The governor and council may allow such sum as may be necessary for extra clerk hire, to be paid out of license fees. Quarterly payment: Src. 3. Said salaries are payable quarterly, on the first days of January, April, July and October of each year, from the state treasury, and are in full for all services performed by them in their official capacities. Approved March 17, 1905. 174 GAME COMMISSIONS AND WARDENS. Revised Statutes, 1903, chap. 32, p. 351. Duties: Src. 35. The commissioners of inland fisheries and game shall * * * introduce and disseminate * * * valuable food birds into the state. They shall examine into the workings of the inland fish and game laws, see that all violations thereof are duly prosecuted, and perform all other duties prescribed by law. * * * They shall, on or before the thirty-first day of December of each year, report to the governor, who shall cause three thousand copies of said report to be printed. Powers: Ssc. 36. The commissioners of inland fisheries and game, upon petition of five or more citizens of the state, or whenever they shall deem it for the best interests of the state, after due notice and public hearing in the locality to be affected, may regulate the times and places in which and the circumstances under which game and inland fish may be taken; but they cannot authorize the taking of game or inland fish at a time in which its capture is prohibited by the laws of the state, and in all cases where the prayer of the petitioners is refused, one-half of the expenses of the commissioners shall be paid by the petitioners. Whenever they deem it for the best interests of the state, after hike notice and hearing, they may entirely pro- hibit the taking of any kind of game or inland fish, in any part of the state, fora series of years not exceeding four. They may adopt and, from time to time, modify or repeal such neediul rules and regulations, not contrary to the laws of the state, as they may deem necessary or proper for the protection and preservation of the game and inland fish of the state, in conformity with the provisions of the last two preceding sections. They shall file, in the offices of the clerks of the towns in the territory to be affected, a copy of the rules and regulations adopted by them, and publish the same three weeks successively in a newspaper printed in the county, and post on the banks of waters to be affected, as nearly as may be, like notices; and whenever any such rules or regulations apply to any unorganized township, a like copy shall be filed with the clerk of courts for that county, and published three weeks successively in a newspaper printed in the county; they shall, immediately upon the adoption of any rules and regulations contemplated by this section, file an attested copy of the same in the office of the secretary of state. Reguiations: Sec. 38. Whoever, at any time or in any manner, hunts, chases, catches, kills, takes, has in possession or destroys any inland game, in violation of any of the rules and regulations of the commissioners of inland fisheries and game, made and promulgated in conformity with the provisions of this chapter, shall be punished in the same manner and to the same extent as is provided for by law for the illegal hunting, chasing, catching, killing, taking, having in possession or destroy- ing of any such inland game. - Mutilating notices: Sec. 39. Whoever wilfully mutilates, defaces or destroys any notice, rule or regulation of the commissioners of inland fisheries and game, posted in conformity with the provisions of this chapter, shall be punished by a fine not exceeding fifty dollars, to be recovered by complaint or indictment; and one-half of said fine shall be paid to the prosecutor. Propagation, etc.: Suc. 40. The commissioners of inland fisheries and game, for their department, * * * may take fish and game of any kind when, where, and in such manner, as they choose, for the purposes of science and of cultivation and dissemination, and may grant written permits to other persons to take fish and game for the same purposes, and may introduce or permit to be introduced, any kind of fish into any waters. * * * The commissioners of inland fisheries and game may grant permission to take moose, caribou, deer and birds for park purposes in the ~ state, under such rules, regulations and conditions as they shall establish. * * * Wardens: Sec. 49. The governor with the advice and consent of the council, upon the recommendation of the commissioners of inland fisheries and game, may appoint suitable persons as fish and game wardens, who shall hold office for a term of three r years unless sooner removed, and who shall enforce all laws relating to inland fish- _ eries and game, and all rules and regulations in relation thereto, arrest all violators thereof, and prosecute all offenses against the same; said wardens [who are required to give bond of $2,000] shall have the same power to serve criminal processes against such offenders, and shall be allowed the same fees as sheriffs, for like services, and they shall have the same right as sheriffs to require aid in executing the duties of their office. * * * Inland fish and game wardens may serve all processes per taining to the collection of penalties for violation of inland fish and game laws; fish wardens may be appointed inland fish and game wardens and need not give addi- tional bond. : _ Deputy wardens: Src. 50. The commissioners of inland fisheries and game may appoint deputy wardens for whose official misconduct and neglect they shall be responsible and may revoke such appointments at any time. The appointment and discharge of such deputy wardens shall be in writing, and they shall have the same powers and be subject to the same laws, as wardens appointed by the governor and council. Peace officers: Sc. 51. Sheriffs, deputy sherifis, police officers and_ constables, are vested with the powers of inland fish and game wardens and their deputies, and shall receive for like services the same fees. Arrest; Seizure; Search: Srec.52. [As amended by Laws of 1905, chap. 141.] The commissioners and every warden throughout the state shall enforce the provi- sions of this chapter [relating to fish and game], and shall seize any game, fish or game birds taken or held in violation of this chapter; and every such officer may arrest, with or without a warrant, any person whom he has reason to believe guilty of a violation thereof, and with or without a warrant, may open, enter and examine all buildings, camps, vessels, boats, wagons, cars, stages, tents, and other receptacles and places and examine all boxes, barrels and packages where he has reason to believe that game, fish or game birds taken or held in violation of this chapter are to be found, and seize such game, fish or game birds if any be found therein, but no dwelling-house shall be searched for the above purposes without a warrant and then only in the day time, and no sealed railroad car shall be entered for the above pur- poses without such warrant. Any magistrate may issue warrants to search, within his jurisdiction, any dwelling-house, in the day time, or any other place at any time, for the purposes above set forth, to any commissioner of inland fisheries and game or any warden, sheriff or any of his deputies; such warrant shall be issued subject to the requirements of section thirteen of chapter one hundred and thirty-three of the revised statutes; provided, however, that the commissioners shall, on or before October first of each year in writing, notify the superintendents of all transportation companies doing business within the state of the names of the wardens by them designated to exercise the right of search as herein provided, which number shall not exceed four for any one transportation company, and no others shall, except those so designated, be authorized to exercise the powers herein mentioned as to search. : Form of action: Src. 53. Any officer authorized to enforce the inland fish and game laws may recover the penalties for the violation thereof in an action on the case in his own name, the venue to be as in other civil actions, or by complaint or _ indictment in the name of the state; and such prosecution may be commenced in the _ county in which the offense was committed, or in any adjoining county, and the _ plaintiff prevailing shall recover full costs without regard to the amount recovered. Jurisdiction; Malicious arrest: Src. 54. Any officer authorized to enforce the inland fish and game laws may, without process, arrest any violator of any of said laws, and shall with reasonable diligence, cause him to be taken before any trial _ justice or any municipal or police court, in the county where the offense was com- mitted, or in any adjoining county, for a warrant and trial. Jurisdiction in such cn Re ae AWN SIAN) ane SRR Oc kana, TEL My i pa UR Sch ag 176 GAME COMMISSIONS AND WARDENS. cases is hereby granted to all trial justices and all other courts to be exercised in the he same manner as if the offense had been committed in that county; and any officer who shall maliciously, or without probable cause, abuse his power in such proceed- ings shall be liable upon complaint or indictment, to a fine not exceeding one hun- dred dollars, or imprisonment not exceeding three months. Jurisdiction: Sxc. 55. In all prosecutions under this chapter, municipal and police judges and trial justices within their counties have, upon complaint, original and concurrent jurisdiction with the supreme judicial and superior courts. 4@ Fund: Sec. 56. * * * all fines and penalties recovered, or money paid, under any of the provisions of this chapter, after deducting legal taxable costs, shall be paid forthwith to the treasurer of state by the person recovering the same; and all money so received by said treasurer shall be expended by the commissioners of inland fish- eries and game for the protection of the fish and game of the state. Corporation: Src. 57. In case of a violation of any of the provisions of this chap- ter by a corporation, the warrant of arrest may be served by an attested copy on the president, secretary, manager or any general agent thereof in the county where the action is pending, and upon return of such warrant so served, the corporation shall be deemed in court and subject to the jurisdiction thereof, and any fine imposed may be collected by execution against the property of such corporation; but this section shall not be deemed to exempt any agent or employe from prosecution. County attorneys; Witnesses; Reports: Sc. 59. Each county attorney shall prasecute all violations of this chapter occurring within his county, when such cases may come to his knowledge, or when he may be so requested by the commissioners or any officer charged with its enforcement, the saine at all times to be subject to the supervision and control of the commissioners. In any prosecution under this chapter, any participant in a violation thereof, when so requested by the county attorney, commissioners or other officer instituting the prosecution, may be compelled to testify as a witness against any other person charged with violating the same, but his evi- dence so given shall not be used against himself in any prosecution for such violation. Every magistrate or clerk of the court before whom any prosecution under this chap- ter is commenced, or shall go on appeal, within twenty days after the trial or dismissal thereof, shall report in writing the result thereof and the amount and disposition of the fines collected to the commissioners at Augusta. In all cases, the odicer making the seizure or sale of fish, game or birds shall within ten days thereafter, report all the particulars thereof an an itemized statement of the proceeds, expenses and fees, and the disposition thereof to the commissioners at Augusta. Every warden shall, in the month of December of each year, and at such other times as the commissioners may require, report to the commissioners all violations of and prosecutions under this chapter, occurring in his district, together with such further information as the com- missioners may require. The failure of any person or officer to perform any act, duty or obligation enjoined upon him by this chapter shall be deemed a violation thereof. Permit; Prima facie evidence: Src. 5. Whoever introduces * * * wild birds or wild animals of any kind or species, into the state except upon written per- mission of the commissioners of inland fisheries and game, shall forfeit not less than fifty, nor more than five hundred dollars. Possession of any jack-light, * * * in any camp, lodge or place of resort for hunters or fishermen, in the inland territory of the state, shall be prima facie evidence that the same is kept for unlawful use; and they may be seized by any officer authorized to eniorce the inland fish and game Aad ph Fund; Damage by deer: Src. 22 [As amended by Laws of 1905, chap. 132. Establishes nonresident licenses to hunt game, fees $5-$15.] All money received — “State v. Craig (Me.), 13 Atl., 129. : ae | Liv for such licenses shall be forthwith paid to the treasurer of state, and may be expended by the commissioners in the protection of moose and deer, under the direction of the governor and council; provided, however, that the commissioners of inland fisheries and game may adjust and pay, from funds received for such licenses, for actual damage done to growing crops by deer; * * * Prima facie evidence: Src. 25. [Prohibits transportation of moose and deer in close season, and in open season unless properly tagged] and it shall be prima facie evidence that said game being transported or carried in violation of this section was ilecaliy killed;’ .* * * Seizure of game: Sec. 26. 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, shall be liable to seizure; and in case of conviction for such violation, such game shall be forfeited to the state, ta be sold for consumption in the 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 take 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. Guides’ reports: Src. 32. [Requires guides to procure certificate from commis- sioners of inland fisheries and game.] Each registered guide shall, from time to time, as often as requested by the commissioners, forward, on blanks furnished him by the commissioners, a statement of the number of persons he has guided in inland fishing and forest hunting during the time called for in said statement, the number of days he has been employed asa guide, and such other useful information relative to inland fish and game, forest fires and the preservation of the forests in the localities where he has guided, as the commissioners nay deem of importance to the state, under a penalty of fifty dollars for unreasonably or willfully refusing to comply with these requirements, Laws of 1907, chap. 118, p. 182. Alien licenses: Src. 1. [Requires unnaturalized foreign-born persons who have not resided in the State for 2 years prior to passage of this act and who are not tax payers to procure a license before hunting. ] Fee; Production of license; Disposition of funds: Src. 2. [Licenses issued by commissioners of fisheries and game, fee $15.] Said licenses shall not be transfer- able and shall be exhibited upon demand to any of the commissioners of inland _ fisheries and game, and to any game warden or deputy game warden, and to any P| sheriff, constable, police officer or other officer qualified to serve process. The fees | received from said licenses shall annually be paid into the State treasury and expended by the commissioners of inland fisheries and game for the protection of game and birds. Prima facie evidence; Seizure and disposition of firearms: Src. 3. If anv | firearm or firearms are found in the possession of any foreign-born unnaturalized person required to be licensed under the provisions of this act, when he is upon the | wild lands or woods of the State, not having a license as herein provided, it shall be | prima facie evidence that such person is hunting in violation of the provisions of this act and he shall be subject to a penalty of twenty-five dollars and costs for each © offense, and a further penalty of forfeiture to the State of all firearms found in his possession in violation of this section, and any person authorized to enforce the _ inland fish and game laws is authorized to seize all firearms found in possession in _ violation of the provisions of this section, and shall forthwith forward them to the Pah ot? 178 GAME COMMISSIONS AND WARDENS. — commissioners at Augusta, and upon conviction of the person or persons from whom > they were seized shall sell them, the proceeds from such sale to be paid to the treas- urer of state and expended by the commissioners of inland fisheries and game for the — protection of fish and game. MARYLAND. Public General Laws, 1904, Vol. II, Art. XCIX, p. 2108. Game warden; Compensation: [Src.] 35. The Governor of this State on the tenth day of April, 1896, and every two years thereafter shall appoint a game warden ~ for the State whose term of office shall be for two years or until his successor be — appointed. The said game warden shall receive a salary from the State for his _ services of twelve hundred dollars per annum, and shall be entitled to an expense ~ - account for actual traveling expenses, and other expenses incurred in the discharge of his duties, to an amount not to exceed in any one year the sum of six hundred ~ dollars, and shall receive a portion of the fines arising from the violation of the game — and fish laws when the offenders shall be prosecuted by said game warden or his deputy game wardens, as hereinafter- provided. The said game warden may be — removed by the Governor of this State at any time upon proof satisfactory to him that said game warden is not vigorously enforcing the game or fish laws of this State, or is not a fit person for said position. * * * Duties: [Src.] 36. It shall be the duty of the said game warden and his deputy game wardens to prosecute all persons and corporations having in their possession any game or fish contrary to either the general or local game or fish laws of this State. It shall also be their duty to see that the game and fish laws are enforced and obtain information as to all violations of the said game and fish laws. Deputies; Compensation: [Src.] 37. Whenever the game warden considers that it is necessary that he should have deputy game wardens appointed to assist him in more efficiently enforcing the game and fish laws of this State, he may apply to the governor to commission such persons as he may designate to act as deputy game wardens in the counties and cities of the State, to enforce the game and fish laws of © this State, and carry out all the provisions of this subtitle; such persons may be appointed for the whole State or for such counties or cities as the governor in his commission shall designate. If the governor approve such persons he may appoint them deputy game wardens; such deputy game wardens shall not receive a salary | from the State, cities or counties, but shall be paid such compensation out of the fines collected or otherwise, as the game warden may agree with them. Commission: [Src.] 38. The governor shall issue to each person so appointed as” deputy game warden a commission, and transmit such commission to the clerk’s office of the circuit court for the county in which the deputy game warden so appointed has his legal residence, or to the office of the clerk of the superior court of Baltimore city, if residing in Baltimore city, and he may revoke and annul any such appoint- ment at his pleasure. Duties and powers of deputies: [Src.] 39. [Deputy wardens required to take oath of office.] The game warden throughout the State, and also every deputy game warden so appointed, after the recording of the oath or affirmation to be by said game warden or deputy game wardens taken as aforesaid, shall, in the county, counties, city or cities for which such deputy game warden may be appointed, possess and exercise all the authority and powers held or exercised by constables at common law | and under the statutes of this State, and also all authorities and powers conferred by | law upon policemen in the City of Baltimore or other cities of the State, as far as arresting and prosecuting the persons for violating any of the fish and game laws of | this State are concerned; and they are hereby vested with additional power to arrest 4 without warrants persons suspected or known to be guilty of violating any of the provisions of the game and fish laws of this State, and to forthwith take any and all" ~ such persons before the nearest justice of the peace to be dealt with in accordance _ with the provisions of the game and fish laws of this State. In the event of finding game or fish taken or had in possession contrary to the provisions of any of the game or fish laws of this State, upon the persons so dealt with, they shall proceed in the _ manner prescribed in Sections 43, 44, 45 and 46. * * * Warden’s badge: [Src.] 40. The game warden and deputy game warden shall, _ when acting in his official capacity, except when on detective duty, wear in plain yiew ametallic shield with the words ‘‘ Game Warden’’ or ‘‘ Deputy Game Warden,”’ as the case may be, inscribed thereon. * * * Dismissal: [Src.] 41. Whenever the services of any deputy game warden shall - no longer be required by the game warden, the game warden shall give a notice in _ writing to this effect to said deputy game warden, and shall file the same in the office _ of the clerk where the oath of office of such deputy game warden shall be recorded, _ which notice shall be noted by the clerk upon the margin of the record where such oath or affirmation is recorded, and thereafter the power of this deputy game _ warden shall cease and determine, and a copy of such notice shall be immediately served on such deputy game warden by the game warden and such service shall be _ by registered letter to the U. S. mails or by the sheriff of the county in which the - commission of the said deputy game warden so removed shall be recorded. _ Disposition of fines: [Sec.] 42. In all cases in which prosecutions for violations _ of any of the general or local game or fish laws of this State shall be instituted by the game warden or any deputy game warden, and shall result in the. collection of a fine or fines, then all of such fine or fines, after the proper court costs or costs of the _ justice of the peace in convicting such offenders shall have been paid, shall be paid to the game warden as his compensation. And all public and local game and fish _ laws heretofore enacted are hereby so amended as to make the fines therein provided _ payable to the game warden according to the terms of this section. This section _ shall not prevent the collection of any portion of such fines given by law to the _ informer by any person not a game warden or deputy game warden procuring the _ conviction of any person violating the game and fish laws. Search warrant: [Src.] 43. If the game warden or any deputy game warden has _ reason to believe that any person or corporation has in his or its possession, contrary _ to law, any game as defined by section 35, [deer, wild turkey, pinnated grouse, _ ruffled grouse or pheasants, Mongolian and English pheasants, woodcock, partridge _ or quail, rabbits, squirrels, ducks, geese, and all other species of wild fowl] or fish, it shall be the duty of the game warden or such deputy game warden to go before _ any justice of the peace in the county or city in which the game or fish may be, and _ make affidavit of that fact; said justice shall thereupon issue a search warrant against A _ the person or corporation so complained of, directed to any constable of the said _ county or city, commanding him to proceed at once and search for said game or fish and, upon finding the same, to seize and take possession of the same and keep it until further order by the justice. The said constable shall read said warrant to the owner or person in whose possession said game or fish is supposed to be. Said war- _ rant shall be returnable within not less than twelve hours nor more than twenty-four _ hours from the date thereof. _ Proceedings: [Src.] 44. At the time mentioned in said warrant, said justice shall proceed to hear and determine whether said game or fish was in the possession of _ the person or corporation contrary to law; and if the said justice shall find that said game or fish was in the possession of the defendant contrary to law, then said justice shall enter judgment against the defendant and order sale of the game or fish so ‘seized; but if the said justice shall find that the possession of such game or fish was person or corporation from whom the same was taken. An appeal to the circuit court for the county, or the Baltimore city court, as the case may be, may be taken 4358—No. 28—07——13 Se D. ie | ee eee ee not contrary to law, then the judgment shall be that the same be returned to the. 180 GAME COMMISSIONS AND WARDENS. within two hours by the defendant from the judgment of the justice upon giving sufficient bond to cover the cost of the appeal and the value of the game or fish seized, to be determined by the justice. Sale of seized game: [Sxrc.] 45. Incase of judgment and order of sale, as specified in section 44, and in absence of appeal and the filing of a proper bond, as provided by said section, then said constable shall at once post two notices, one at the justice’s doorand the otherat the place of sale, specifying in each notice the time and place of sale, not less than five hours from the hour at which the judgment was rendered, and alsoa description of the game or fish to be sold; said place of sale shall be at the most public place obtainable for the purpose. Said constable shall, at the time and place men- tioned in said notice, sell such game or fish at public auction to the highest bidders for cash, and at once pay the proceeds of such sale to the justice; said constable shall” give the purchaser a certificate of purchase in which shall be a particular description of the game or fish sold, together with the date of sale. _ Disposition of proceeds: [Sxc.] 46. If there has been no appeal, or if the judg- ment of the justice is affirmed on appeal, the said justice shall deduct his costs, if not already paid, together with the constable’s costs, which shall include a fee of ten per centum of the amount of the proceeds of the sale for his services as auctioneer, and shall distribute the balance of such proceeds of sale or the ascertained value of the game or fish seized as secured by the bond, as follows: One-half shall be paid to the game warden, which shall be kept by him for his services, and one-half shall be paid into the county or city treasury for the benefit of the school fund. Nonliabilty: [Src.] 47. The game warden and the deputy game wardens shall not be liable for any damage or costs sustained by any person or corporation by rea- son of the wrongful seizure of game or fish under this sub-title; provided, however, that the enforcement of this sub-title shall in nowise prevent prosecution of persons or corporations for violations of the game or fish laws of this State. State fishery force; State officers: [Src.] 48. Whenever the game warden shall require the assistance of the State fishery force he shall so advise the governor who, acting for the board of public works shall, if he approve the request of the game warden, instruct the commander of the State fishery force to forthwith assist the game warden in the enforcement of the game and fish laws of the State. And when- - ever the game warden or the deputy game wardens shall require the advice and assistance of the State’s attorneys and sheriffs of the several counties of the State or of Baltimore city, it shall be the duty of said officers to render the required assistance as in other State cases. - Liability of accessory: [Src.] 5. Any person aiding or abetting another by fur- nishing a boat or float of any description, or gun or ammunition, to be used in viola- tion of sections 1, 2 or 3 [prohibiting shooting waterfowl bedded in flocks from any floating craft or boat; shooting same from boats or craft of any kind while said waterfowl are flying about their feeding grounds or elsewhere over the waters of the State] of this article, shall be deemed guilty of a misdemeanor and shall be dealt with and fined as if he had violated them himself. Arrest; Seizure: [Sxc.] 6. Any officer of the State fishery force, sheriff, constable or commissioned militia officer of the county wherein the provisions of this article relating to water-fowl may be violated, who shall be satisfied either upon his own view or information received of any other person, whether on oath or not, that any one has violated the said provisions, is authorized and empowered to arrest and take into custody such person so offending, and the boatmen or other persons found on > board of the vessel, boat, float, canoe or craft employed to convey such offender for the purpose of shooting at or killing wild ducks or wild fowl of any description con- trary to the provisions of this article, and shall seize and take into his possession the said vessel, boat, float, canoe or craft, and the gun or guns, ammunition and decoy ducks in the same or in the use or possession of the offender or offenders. . bon pm Pad Tw Ms { ‘s MARYLAND. | 181 ima facie evidence: [Src.] 7. The said officers shall carry the person or per- is so arrested before a justice of the peace of the county wherein the offense may be committed, representing to the justice the breach of the law committed; and the said justice shall inquire fully into the alleged offense, of which the finding of vessels, ats, floats, canoes or crafts employed as aforesaid or in the possession or use of the persons charged shall be considered as prime facie evidence of guilt. _ Proceedings: [Src.] 8. if after a full investigation the said justice shall think the charge groundless, he shall dismiss the same at the cost of the county; but if he shall be of the opinion that any wild ducks or other water-fowl have been shot at or killed contrary to sections 1, 2 or 3, he shall render a judgment of not less than ten nor more than one hundred dollars against each person engaged directly or indirectly therein for each offense, and he may commit him to the county jail in the event of his not paying the fine thus imposed, if the officer making the arrest and seizure desire it; and if committed, the officer who desired the commitment shall pay the jail fees at the rate of twenty-five cents per day, and in case of a failure to pay the said fees for the space of three consecutive days, the party whose jail fees shall thus remain unpaid shall be discharged ‘from confinement. Sale of seized appliances: [Sxc.] 9. The justice shall also adjudgeand condemn as forfeited to said officer and to the person or persons who may have aided him in making the arrest and seizure the vessel, boat, float, canoe or craft, together with the tackle, furniture and apparel on board of the same at the time of the seizure, and all or any other property in the possession of the said officer, found, seized, and taken as aforesaid; andthe said officer with the person or persons who aided him in making the arrest and seizure shall sell the same to the highest bidder for cash after ten days’ notice. _ Appeal: [Src.] 10. If any person so convicted shall think himself aggrieved by such conviction, he shall be at liberty to appeal from the judgment of the justice of the peace, within ten days from the rendition thereof, to the circuit court for the county wherein the offense is alleged to have been committed; provided, he give bond to the State with two sufficient securities, to be approved by the said justice, in-a penal sum of double the amount in value of the boat or crait and property so seized and the fines imposed, to be estimated by the said justice, conditioned to prosecute his appeal to the circuit court; and it shall be the duty of the justice taking the eel bond immediately to Bei e the same to the officer who made the arrest; and in case of forfeiture of the bond the said officer may prosecute the same for his use and the use of those engaged with him in making the arrest and seizure. _ Resisting officer: [Sxec.] 11. If resistance be made to the officer engaged in mak- ing such arrest or seizure, such resistance shall be deemed a misdemeanor, present- Ehile by the grand jury of the county, and punishable in the circuit court therefor by y fine and imprisonment as other misdemeanors are punished. _ Disposition of proceeds; Exception: [Src.] 12. After the payment of the costs _ of the prosecution of the offenders, the balance arising from the fineand the sale of the boat and other property hereinbefore mentioned shall be divided and apportioned in the following manner: one-half to the officer and those who assisted him in making the arrest and seizure, and the balance to be paid over to the county commissioners for the benefit of the school fund of the county. The preceding sections shall not apply to Baltimore, Harford or Cecil counties, as to which special provision is made in the local laws thereot. Besnfiscating gun: [Sxc.] 22. [Prohibits use of any gun other than one fired from the shoulder] and every gun which is not so habitually fired from the shoulder, ~ as aforesaid, shall be liable to seizure by any State or county officer authorized to cute warrants, and the forfeiture and destruction by any justice of the peace — before whom such gun shall be produced. ! Prima facie evidence: [Src.] 23. [Prohibits shooting of any birds at night] — and if at the trial it shall be proved that the person charged with shooting at or the — 4 killing said birds in the night time was at or about the place where the shot was fired, and that he had a gun in his possession on the night in question, in the vicinity _ where such shooting occurred, either prior to or at the time of or after the shooting, such fact shall be deemed prima facie evidence of his having violated the provisions of this section. Big guns; Prima facie evidence: [Src.] 24. [Prohibits possession, sale and disposition of big or swivel guns for hunting wildfowl,] and the possession of, sale or disposition by any person of any such big or swivel gun in this State shall be deemed prima facie evidence that the same is possessed or sold, or disposed of with the intent, and for the purpose of shooting at or killing such birds in this State, _ and every gun shall be deemed a big gun, for the purpose of this law, which is not habitually raised at arm’s length and fired from the shoulder, * * * . Jurisdiction; Informer: [Sxrc.] 31. The justices of the peace of this State in and for the city or county wherein the offense shall be committed shall have jurisdiction to hear and determine all prosecutions for the purpose of enforcing fines and penal- ties * * * and inall cases where such prosecutions are begun or instituted by any person other than the State game warden or one of the deputy game wardens of this State, and shall result in the collection of a fine or fines, then one-half of such fine or fines, after the proper court costs or costs of the justice of the peace in the trial and decision of the case shall have been paid, shall be paid to the informer, and the other half to the school fund of the city or county in which said prosecution is- conducted. : MASSACHUSETTS. Revised Laws, 1902, chap. 91, p. 787. Commissioners: Src. 2. There shall be a board of commissioners on fisheries and game consisting of three persons who shall be appointed by the governor, with the advice and consent of the council, for the term of five years from the time of their appointments and who shall be removable at the pleasure of the governor. Arrest without warrant: Src. 4. The commissioners and their deputies, mem- bers of the district police and all officers qualified to serve criminal process may arrest without warrant any person whom they find violating any of the fish or game laws, except that persons engaged in the business of regularly dealing in the buying and selling of game as an article of commerce shall not be so arrested for having in possession or selling game at their usual places of business. ‘ Fines and forfeitures: Sec. 137. All fines, penalties and forfeitures recovered in prosecutions under the laws relative to fisheries, * * * shall be equally divided between the complainant and the commonwealth but if the complainant is a deputy appointed by the commissioners on fisheries and game and receiving compensation from the commonwealth, such fines, penalties and forfeitures shall be paid into the treasury of the commonwealth. Revised Laws, chap. 92, p. 809. Prima facie evidence: Src. 11. [As amended by Laws: of 1906, chap. 241.] * * * The constructing or setting of a trap, snare or net adapted for the taking or killing of a game bird, water fowl, hare or rabbit, upon premises frequented by them, shall be prima facie evidence of such constructing and setting with intent to take and kill contrary to law; and possession of a ferret in a place where the game mentioned. in this section might be taken or killed, shall be prima facie evidence that the person. having it in possession has used it for taking and killing game contrary to law. Ferrets which are used in violation of the provisions of this section shall be confiscated. MASSACHUSETTS. 183 _ Authority of Commissioners: Src. 19. The authority of the commissioners on fisheries and game and of their deputies shall extend to the propagation, protection and preservation of birds and animals in like manner as to fish. Disposition of fines: Src. 20. [Asamended by Laws 0f 1907, chap. 300.] All fines and forfeitures accruing under the provisions of laws relating to birds, mammals and _ game shall be paid and disposed of in accordance with the provisions of section one _ hundred and thirty-seven of chapter ninety-one. Acts of 1902, chap. 127, p. 64. Prima facie evidence: Src. 2. Possession of the wild or undomesticated birds specified in this act [nongame birds, except certain species, ] shall be prima facie - evidence that they have been captured and are held in possession contrary to law. Acts of 1904, chap. 367, p. 237. Seizure: Src. 1. Any commissioner on fisheries and game, deputy commissioner on fisheries and game, member of the district police, or officer qualified to serve criminal process, may, with a warrant, search any boat, car, box, locker, crate, or _ package, and any building, where he has reason to believe any game or fish taken or held in violation of law is to be found, and may seize any game or fish so taken or held, and any game or fish so taken or held shall be forfeited: Provided, however, That this section shall not authorize entering a dwelling house, or apply to game or fish _ which is passing through this Commonwealth under authority of the laws of the United States. _ Search warrant: Sec. 2. A court of justice authorized to issue warrants in criminal _ eases shall, upon complaint under oath that the complainant believes that any game or fish unlawfully taken or held is concealed in a particular place, other than a dwelling house, if satisfied that there is reasonable cause for such belief, issue a warrant to search therefor. The search warrant shall designate and describe the _ place to be searched and the articles for which search is to be made, and shall be directed to any officer named in section one of this act, commanding him to search _ the place where the game or fish for which he is required to search is believed to be concealed, and to seize such game or fish. Approved May 23, 1904. o Acts of 1905, chap. 317, p. 236. An act to provide for granting to unnaturalized, foreign born persons licenses to hunt. _ Production of alien license: Src. 2. * * * The said license shall not be transferable, and shall be exhibited upon demand to any of the commissioners on Bencrics and game or their deputies, and to any game warden or deputy game ‘warden, and to any sheriff, constable, police officer or other officer qualified to serve ‘process. The fees received for the said licenses shall annually be paid into the treasury of the Commonwealth. Approved April 21, 1905. Acts of 1907, chap. 198, p. 116. _ Nonresident hunting license, production of: Sxc. 4. No license shall be valid i nless the signature of the person to whom it is issued is written thereon, and-every such person shall at all times when hunting carry his license on his person, and 8 sh all at all reasonable times and as often as requested produce and show such license to any person requesting him to do so, and if he fails or refuses so to do he shall forfeit the license and be deemed to be hunting in violation of the provisions of this act. _ Failure to produce license ; Arrest without warrant: Suc. 6. The commis- sioners on fisheries and game, and the detectives in their employ, shall have the right, ae here ie “aos Peseta ee Ga 184 GAME COMMISSIONS AND WARDENS. aiter demand and refusal or failure to exhibit any such license, to arrest without — , warrant any non-resident person or persons found hunting, pursuing or killing any wild animal, wild fowl or bird, and for the purpose of this arrest any person who — shall refuse to state his name and place of residence on demand of such officer shall be deemed a non-resident. MICHIGAN.«@ | Compiled Laws, 1897, chap. 150, p. 1800. State game warden; Appointment: (5753) Sec. 1. That it shall be the duty of the Governor to appoint some person, a resident of this state, game and fish warden. Said warden shall hold his office for four years, or until his successor has been appointed and qualified, unless removed for cause by the Governor. [Other provi- sions of this section superseded by Laws of 1899, No. 37.] Duties; Actions: (5754) Src. 2.¢ Itshall be the duty of said game and fish warden _ to * * * enforce the statutes of this State for the preservation of moose, wapiti, deer, birds and fish, and to enforce all other laws of this State for the protectionand _ propagation of birds, game and fish now in force, or hereafter enacted, and to bring or cause to be brought and to prosecute or cause to be prosecuted actions and pro- ceedings in the name of the people of this State to punish any parties for the viola- tion of said statutes and laws. Such actions and proceedings may be brought in the name of the people in the like cases, in the same courts, and under the same circum- stances as they may now or at any time hereafter be brought by any individual or by the prosecuting attorneys of the several counties under and by virtue of any laws now existing or hereafter enacted. Search; Prima facie evidence; Seizure: (5755) Sxc. 3. Said warden may make complaintand cause proceedings to be commenced against any person ior the violation of any of the laws for the protection or propagation of game or fish without the sanc- tion of the prosecuting attorney of the county in which such proceedings are com- menced, and in such case he shall not be obliged to furnish security for costs. Said warden may also appear for the people in any court of competent jurisdiction in any case for violation of any of the laws for the protection or propagation of fish or game, and prosecute the same in the same manner and with the same authority as the prosecuting attorney of the county in which such proceedings are commenced. Said warden shall have power to search any person and examine any boat, conveyance, vehicle, fish box, fish basket, game bag, or game coat, or any other receptacle for game or fish, when he has good reason to believe that he will thereby secure eyi- dence of the violation of the law; and any hindrance or interference, or attempt at hinderance or interference with such search and examination, shall be prima facie evidence of a violation of the law by the party or parties who hinder or interfere with, or attempt to hinder or interfere with such search and examination. Said gameand fish warden shall at any and all times 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 of the laws of this State, such seizure may be made without a warrant. Any court having jurisdiction of the offense, upon receiving proof of probable cause for believing in the concealment of any bird, animal or fish, caught, taken, killed, had in possession, under control, or shipped contrary to any of the laws of this State, shall issue a search warrant and cause a search to be made in any place, and to that end may cause any building, enclosure, or car to be entered, and any apartment, chest, box, locker, crate, basket or package to be broken open and the contents thereof examined by said game and fish warden. All birds, animals or fish or nets — @ Acts of 1907 not received. >For a judicial exposition of this section, see Osborn v. Ghaclonen Circuit Judge — (Mich.), 72 N. W., 982. +: pry wanes . » Se. a — en ee ik Ful. hePia! . eS | wee 7 “ fo fishing appliances or apparatus seized by the said game and fish warden shall be disposed of in such manner as may be directed by the court beiore whom the offense is tried or by any court of competent jurisdiction. Said game and fish warden shall not be liable for damages on account of any search, examination or seizure, or _ the destruction of any nets or fishing apparatus of any kind, in accordance with the provisions of this act. Process; Arrest: (5756) Src. 4. Said gameand fish warden shall havethe same power to serve criminal process as sheriffs, and shall have the same right as sheriffs to require aid in executing such process. Said warden may arrest, without warrant, any person caught by him in the act of violating any of the aforesaid laws for the protection or propagation of birds, game or fish, and take such person forthwith before a justice of the peace, or other magistrate having jurisdiction, who shall proceed without delay to hear, try and determine the matter, and the same proceedings shall be hal as near as may be, asin other criminal matters triable before a justice of the peace, or other magistrate having jurisdiction. Such arrests may be made on Sunday, in which case the person arrested shall be taken before a justice of the peace, or other magistrate haying jurisdiction, and proceeded against as soon as may be, on a week day following the arrest. Report to auditor-general: (5757) Src. 5. Said warden shall, in the month of December in each year, file in the office of the auditor-general, an account in writ- ing, stating the days and parts of days spent in the discharge of his duty, the kind of service rendered and the places where rendered, and the expenses paid or incurred in the time of the discharge of such duties, which account shall be verified by the oath of said warden stating that the same is correct and true in every particular. Report to secretary of state: (5758) Sec. 6. [The warden shall report in writ- ing to the secretary of state, at the close of each month, a full account of ail he has done, and he shall not receive any payment for his services until such report. is made. The secretary of state shall transmit this report to the legislature. ] Deputies; County wardens; Resisting officer: (5759) Sec. 7. The said game and fish warden shall have power to appoint deputy game and fish wardens, who shall have the same power and authority herein provided for the game and fish warden himself, subject to the supervision and control of and to removal by the __ game and fish warden. Said deputy game and fish wardens shall receive three dol- __ lars per day for each day actually spent in the discharge of their duties, under the direction of the game and fish warden, and their actual expenses necessarily incurred when so employed; said three dollars per day and expenses to be paid monthly on verified under oath and certified by the game and fish warden; but the number of deputy wardens shall not exceed ten and the total amount certified by the game and fish warden and approved by the Auditor General for compensation and expenses of deputy wardens in any one year shall not exceed the sum of two thousand dollars. Said game and fish warden shall also have power to appoint in each county not to exceed three residents thereof as county game and fish wardens, who shall have the same powers in their respective counties as is herein provided for the game and fish warden himself, subject to the supervision and control of and to removal by the game and fish warden. The said county game and fish wardens may be employed by individuals, clubs and corporations interested in the enforcement of fish and game laws, and shall receive such other compensation as may be allowed and pro- vided for by the supervisors of their respective counties, * * * Any person who hinders, obstructs or interferes with, or attempts to hinder, obstruct or interfere with the said game and fish warden or any deputy or county warden in the discharge of any of his duties, shall be deemed guilty of amisdemeanor. * * * Disposition of license fees: (5797) Src. 6. [As amended by Laws of 1905, No. 225. ] Such [county] clerk shall retain for his own use out of the moneys received for each {resident and nonresident deer] license issued the sum of twenty-five cents, which “MICHIGAN, | : ss 185 ; - the warrant of the Auditor General, on the approval of itemized vouchers thereof, OO Se a SRE m= > 186. GAME COMMISSIONS AND WARDENS. Snes a OAROES Dy e he ed shall cover the swearing of the applicant to the affidavit herein referred to, and a other services under this act and shall pay the balance to the county treasurer of his county on the first day of March, May, September and December of each year, speci- fying the amount thereof received for resident and for non-resident licenses. Said county treasurer shall forthwith forward to the State Treasurer all sums of money received by him for non-resident licenses and one dollar of each license fee received by him for resident licenses and the balance he shall hold in his hands to be used as hereinafter provided. The amount remaining in the hands of the county treasurer shall be paid out upon orders of the board of supervisors, but only for services ren- dered by sheriffs, constables, deputy game wardens and county game wardens in enforcing the game and fish laws of this State, in said county. All moneys to be retained by the county treasurer under the provisions of this section against which orders have not been drawn by the board of supervisors shall be paid into the State treasury at the expiration of one year after the year in which the license was issued. So much of said moneys as is paid into the State treasury shall be paid out by the Auditor General upon his warrant, but only in payment for services rendered by the State Game and Fish Warden and his deputies as allowed by law for such services, and the necessary traveling expenses in enforcing the game and fish laws of this State, upon itemized bills duly certified by the State Game and Fish Warden and allowed by the Board of State Auditors, whose duty it shall be to audit and allow the same. Production of license: (5801) Src. 10. Any person found hunting any deer pro- tected by the laws of this State with any kind of fire arms and who shall refuse to show his license herein provided for, to any sheriff, deputy sheriff, constable, game warden, deputy game warden or county game warden on demand, shall be deemed and held to be guilty of violating the provisions of this section, in addition to violat- ing any of the other provisions of this act, and may be fined upon conviction for such refusal as provided in section twelve of this act. Perjury: (5802) Sec. 11. Any person who shall procure a license under the pro visions of this act by false swearing shall be guilty of perjury * * * Prima facie evidence: (5807) Suc. 4. The possession or having under control of any kind of bird, game or fish, the killing of which is at any time or all times pro- hibited 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 game, 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 atall 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, to disprove which it shall be necessary to show by direct and positive evidence that it was killed at a time, in a manner and for a pur- pose permitted by the law of the State, Territory or country where it was killed and that its shipment out of said State, Territory or country was not forbidden by the law thereof. Limitation: (5811) Sec. 7. All prosecutions under the provisions of this act [pro- hibiting possession of game illegally taken in another State] shall be commenced within one year from the time such offense was committed. Acts of 1899, No. 37, p. 53. Compensation: Src. 1. The State Game and Fish Warden shall receive an annual salary of two thousand dollars, payable monthly, and shall also be reimbursed his actual expenses necessarily incurred in the performance of his duties, to be paid - ree. iter he ie sid. SP i ee ee ’ ; he “MICHIGAN. , 187 Braonthly on the warrant of the Auditor General on the approval of his vouchers therefor. Said State Game and Fish Warden shall devote his entire time to the - duties of his office. - Chief Deputy; Compensation: Src. 2. Said Game and Fish Warden shall have 4 power to appoint a Chief Deputy, for whose acts he shall be responsible, and may revoke such appointment at pleasure. Said Chief Deputy shall take the constitu- - tional oath of office, and shall do such work in the game and fish warden department as shall be assigned him. During the sickness, absence or disability of the Game and Fish Warden he may execute the duties of the office. Said Chief Deputy shall _ devote his entire time to the work of his office and shall receive an annual salary of fifteen hundred dollars, and his actual expenses necessarily incurred, to be paid monthly on the warrant of the Auditor General, on the approval of his vouchers P therefor by the State Game and Fish Warden. Bond: Src. 3. [State Game Warden shall give bond in the sum of $5000. ] Acts of 1905, No. 257, p. 3'70. An act to revise and amend the laws for the protection of game and birds. Prima facie evidence: Src. 6. [Possession of deer, or fawn, or skin thereof in red or spotted coat, is prima facie evidence of illegal kiiling.] _ Prima facie evidence: Src. 8. No person shall make use of any artificial light in hunting, pursuing or killing deer, or in attempting to hunt, pursue or capture, or _ kill any deer, and the wearing or having such light on the head or in possession in _ the woods shall be prima facie evidence of a violation of this section. _ Prima facie evidence; Killing dogs: Src. 9. No person or persons shall make use of a dog in hunting, pursuing or killing deer; the presence of a hound in the woods, hunting camp, logging camp or club house during the deer hunting season shall be prima facie evidence of their unlawful use. Any dog pursuing, killing or - following upon the track of a deer is hereby declared to be a public nuisance and may be killed by any person when so seen without criminal or civil liability. _ Burden of proof: Szc. 22. In all prosecutions for a violation of any of the pro- _ visions of this act, the person or persons claiming the benefit of section twenty _ [permitting possession of specimens for scientific or educational purposes and of game lawfully killed for five days after close of open season] must show affirmatively as a part of his defense on the examination or trial, that the animal or bird of which the dead body or carcass or skin, or any portion thereof, is shown to have been in his possession during the time when by law the killing of such animal or bird is unlawful, was killed at atime, and in the manner, and for the purpose authorized by law, and that his possession at the time complained of was for one of the pur- poses authorized by said section, and it shall not be necessary for the prosecution to aver or prove that such possession was not for the purposes authorized by said section. _ Separate offense; Prima facie evidence; Liability: Src. 24. The injuring, destruction or killing or capturing or selling, or having in possession of each animal or bird injured, captured, killed or destroyed, sold or possessed contrary to the provisions of this act shall be a separate offense and the person so offending shall be liable to the penalties and the punishments herein provided for each offense. In all prose- cutions for a violation of any of the provisions of this act, proof of the possession of the dead body, carcass or skin, or any portion thereof, of any animal or bird men- tioned or referred to in this act [all the game of the State], except as hereinbefore provided at a time when the killing thereof is unlawful, shall be prima facie evi- dence that such animal or bird was killed at a time when the killing thereof was prohibited by law. All persons violating any of the provisions of this act, whether as principal, agent, servant, or employe, shall be equally liable as principal, and any 188 GAME COMMISSIONS A Deecsen of license fees: Src. 27. [Fees for export licenses are pad into t State treasury for use in payment of the State Game and Fish Warden and . deputies. ] Audubon Society wardens: Sxc. 28. It shall be the duty of the State Game ai Fish Warden and all deputy wardens, sheriffs, deputy sheriffs and conse enforce the provisions of this act, and the Michigan Audubon Society, a body incor- porated under the laws of the State of Michigan, may name four persons to represent such society in carrying out the provisions of this act. Each person so named shal | be duly appointed by the Game and Fish Warden and shall be invested with and exercise all the powers of a deputy game warden, but shall receive no compensation therefor from the State of Michigan or any county thereof. It shall be the duty of the Michigan Audubon Society to assign territory to the persons selected by them to carry out the provisions of this act as above provided and to require a monthly | report from each of such persons. Upon.complaint that such person or persons so appointed are negligent in the duties assigned to him or them in carrying out the provisions of this act, the said Audubon Society shall report the fact to the Game and Fish Warden, who shall immediately remove such person or persons and upon recommendation of the Audubon Society shall make appointment to fill such vacancy. In pursuance of this provision the said Michigan Audubon Society shall file a bond with the Secretary of State in the amount of one thousand dollars, with sufficien t sureties, approved by the Secretary of State. F Penalty: Suc. 29. * * * and in all cases when a fine and cost is imposed the 1e court shall sentence the offender to be confined in the county jail until such fine and costs are paid, for any period not exceeding the maximum jail penalty provided for such offense. Approved June 16, 1905.’ MINNESOTA. Laws of 1905, chap. 344, p. 598. Game and fish commission; Appointment; Terms: Src. 1. A state game and fish commission is hereby created, consisting of five (5) members to be appointed by the governor for a term of four (4) years each. Those heretofore appointed pursuant to chapter three hundred thirty-six (336) of the laws of 1903 shall continue in office until the expiration of their respective terms. Vacancies arising from any cause shall be filled by the governor. Members shall serve without compensation except for necessary expenses to be paid upon an itemized statement thereof duly audited by said commission. 4 Office: Src. 2. Said commission shall have an office in the capitol and be coupe d with suitable stationery, a seal and blanks and postage for the transactions of its business. General powers; Duties: Sc. 3. Said commission shall enforce the laws of this s state involving the protection and propagation of all game animals, game birds, fish and harmless birds and animals. Said commission shall have general charge of— 4 1. The propagation and preservation of such varieties of game and fish as it shall deem to be of public value. a 2. The collection and diffusion of such statistics and information as shall fie gel mane to the purpose of this act. = 6. The seizure and disposition of all game birds, game animals and fish, eith ner taken, killed, transported or possessed contrary to law, of all dogs, guns, seines, nets, boats, light, or other instrumentalities unlawfully used or held with intent to use, b D pursuing, taking, attempting to take, concealing or disposing of the same. De eS ON ay 1dk ys Be ce een) ee eee AR eee es en ae. reins SY oat aes . ge 7 a iw i ¥ ‘ i , ? MINNESOTA. > 189 ce Reports; Records: Src. 4. [As amended by Laws of 1907, chap. 469.] Said com- A > mission shall, on or before Dec. 1 of each even numbered year, submit to the governor a detailed report of its actions, including the amount of money received from all sources, an inventory of all game, fish, guns, dogs, seines, nets and other property seized and sold, with the names of the purchasers, and the amount received, and an itemized statement of its disbursements. The books and vouchers of said commis- sion shall be subject to examination by the public examiner at all times. Executive agent: Src. 5. [As amended by Laws of 1907, chap. 469.] The com- mission shall appoint one of its members its executive agent, who shall devote all ~ his time to the discharge of his duties, and shall receive compensation therefor to be fixed by said commission, not exceeding twenty-five hundred (2,500) dollars per year. He shall act as such executive agent during the pleasure of the commission and be subject to its direction. When the commission is not in session, he is hereby authorized to exercise in its name, all the rights, powers and authority vested in said commission. Before entering upon the discharge of his duties he shall give a bond to the State of Minnesota, with sureties or security, to be approved by the commis- sion, in the penal sum of five thousand (5,000) dollars, conditioned for the faithful accounting of all state property coming into his hands. Employees: Sec. 6. * * * It may also employ a sufficient number of game wardens, other persons, and office assistants, as may be necessary to carry out the purposes of this chapter, and fix their periods of service and compensation. Other officers; Attorney: Src. 7. The county attorneys, sheriffs, constables and other peace officers, are hereby required and it is made their duty, to enforce the provisions of this chapter and the commission may employ an attorney or attorneys to perform such legal services as said commission may require. He shall appear for said commission in all civil actions in which it or its wardens may be interested officially, and may assist the county attorney in the prosecution of criminal actions arising under this chapter, and when for any reason the county attorney does not prosecute such criminal actions, he may conduct such prosecutions on behalf of the state with the same authority as the county attorney. The compensation to be paid said attorney shall be fixed by the commission and paid out of the funds provided for the enforcement of this act. Execution of writs: Ssec. 8. [As amended by Laws of 1907, chap. 469.] The executive agent of said commission, all members and all wardens appointed by said commission, shall have full power and authority to serve and execute all warrants and process the [of] law issued by the court in enforcing the provisions of this act, or any other law of this state relating to the preservation and propagation of game and fish, in the same manner as any constable or sheriff may serve and execute the same, and for the purpose of enforcing the provisions of this chapter, they may call to their aid any sheriff, deputy sheriff, constable or police officer or any other per- son, and it shall be the duty of all sheriffs, deputy sheriffs, constables or police officers and other persons, when called upon to enforce and aid in enforcing the pro- visions of this chapter. The executive agent and all deputies shall have the power to arrest without a warrant any person or persons found in the act of violating any law enacted for the purpose of protecting or propagating game or fish. Bonds: Sec. 9. The following appointees shall give bonds to be approved by the commission and filed in the office of the secretary of state, conditioned for the faith- ful discharge of their. respective duties, in the following amounts: cs ae os ¥ * 9S fifty (50) dollars and costs of prosecution, or by imprisonment in the county jail for not less than thirty (30) nor more than sixty (60) days. _ Approved April 19, 1905. MISSISSIPPI. Code, 1906, chap. 57, p. 706. Board of supervisors; Wardens: [Src.] 2305. The boards of supervisors are given full jurisdiction and authority for the protection and preservation of game and fish in their respective counties, and to conserve the same for the use and consump- tion of the inhabitants, and for that purpose may appoint a game warden who shall discharge such duties as may be prescribed by them. The game warden shall have authority to appoint as many deputies as he may see proper to aid him in the dis- charge of his duties, and his deputies shall have the same powers in all respects as are conferred upon him. | Forfeiture of guns, etc.: [Src.] 2310. All game and fish taken contrary to the | law or the regulation of the board of supervisors, as well as the guns, dogs, traps, ‘and appliances for taking game, and the seines, nets, rods and the like for catching fish, which may be used in taking game or catching fish unlawfully, shall be for- feited; and the court adjudging the forfeiture in a civil or criminal proceeding shall allow reasonable compensation out of the proceeds to the prosecutor for his trouble. Disposition of guns, etc.: [Src.] 2311. It shall be competent for the board of | supervisors, in cases of forfeiture of the articles seized, to determine the disposition | 4 to be made of them; and if there be any delay given to the party arrested for the 3 hearing of the case, the magistrate may cause the game or fish seized to be disposed of before the hearing and the proceeds to be held to abide the result. _ Administration: [Sxc.] 2314. The judicial administration of the game laws and | regulations of the boards of supervisors pertains, as a matter of police, to any justice of the peace, mayor, or police justice, of any city, town, or village in the county as - toall violations of such gaming lawsand regulations committed within their respective districts; and the breach of any regulation, order or resolution of the board of super- visors shall be a misdemeanor and a violation of police ofder, and shall subject to forfeiture the game and fish taken, and the appliances used in the taking thereof, in violation of such police regulation, and to such fine and imprisonment as may be prescribed by the regulations, or to one or more or these penalties. Such matters shall be summarily heard and disposed of as other matters affecting the public police and order. _ Arrest: [Sxc.] 2315. It shall be the duty of the game warden, sheriff, constable, and city, town, and village marshals within the county, to arrest, with or without ‘process, any person whom they may know, or have good reason to believe, to be violating any such police regulations, and to seize all game, fish, and appliances found in the possession of such persons in violation of police regulations, and shall | forthwith convey the person from whose custody the game, fish, and appliances | ; shall have been taken before the proper justice of the peace, mayor, or police justice, to be dealt with according to the rules and regulations prescribed by the board for such offense. _ Licensee must exhibit license; Arrest: [Src.] 2329. It shall be unlawful for any non-resident to hunt within the state unless he has in his possession, ready to exhibit to the game warden or any officer or person, upon request, a license issued to him by the sheriff of the county in which he may be hunting, such license to be issued to non-residents of the state upon payment of a fee of ten dollars to the couuty and ten dollars to the state. * * * Every non-resident found hunting without said license shall be arrested on sight by any game warden or officer of the law, and 194 GAME COMMISSIONS AND WARDENS. shall be liable to a fine of not less than twenty-five dollars nor more than fifty ‘dollars, ; or be imprisoned in the county jail not exceeding thirty days. i Forest and game protective fund: [Sxc.] 2330. All fees and fines collectaam & under the provisions of this chapter, except as herein provided, shall go to a fund q kept by the county treasurer in each county and called the “forest and game protect- 4 ive fund,’”’ the same to be used by the board of supervisors in paying the warden — and his deputies for services. Warden; Appointment; Powers: [Src.] 2331. The board of supervisors ofeach — county may, on the recommendation of ten or more reputable citizens of said county, — appoint a game warden, who shall hold office four years, and who shall have power 3 to appoint deputies for each supervisor’s district, who shall hold office for two years. _ The duties of said game warden and assistants being to diligently seek and report all persons violating this chapter, and they shall have the right to arrest any person or — persons found violating any of the provisions of this chapter, and upon the proper warrant issued therefor to search any building not the private residence of any per-_ % son, car, vessel, vehicle, or package wherein he or they may believe any of the game named in this chapter may be kept or stored contrary to the provisions of this chapter. The warden or his deputies so appointed shall have the right 10 confiscate _ all game which he or they may find in the possession of any person or persons in | violation of this chapter, irrespective of the time or place such game may have been killed or caught, and such person or persons shall have no redress at law for such | seizure of property, unlawfully had in possession. | Informers: [Src.] 2333. Any person or persons reporting to the game warden, or ~ other officers authorized under the laws of the state to institute the prosecution 4 | against any person or persons, or corporation, for violation of the provisions of this chapter, shall receive for such report fifty per cent of the fine levied and collected from such person or persons, or corporation. Removal of warden: [Sxc.] 2335. This chapter in no way affects the power of boards of supervisors in granting further protection to game; and the board of super- visors shall, upon sufficient evidence, remove the game warden or his deputies for — non-performance of duty and appoint others in their stead. MISSOURI. Laws of 1907, p. —. Prima facie evidence: Src. 12. * * * It is further declared unlawful to make use of any artificial light in hunting or killing deer; and the wearing or hay- — ing such light on the head shall be prima facie evidence of the violation of this — Section, = = State game warden: Sec. 18a. There is hereby created the office of state game and fish warden. The state game and fish warden shall be appointed by the gov- ernor, by and with the advice and consent of the senate. He shall hold his office E. for a term of two years. The state game and fish warden shall receive a salary of — $2,000.00 per year, and traveling expenses not to exceed $2,000.00 per year, which ~ salary shall be paid him quarterly, and which expenses shall be paid him on accounts approved by the governor. It shall be the duty of the state game and fish warden — to supervise the enforcement of the law under the provisions of this act, and espe- — cially with reference to the large cities. He shall have equal authority with the county game and fish wardens to institute prosecutions for violations of the law, and — shall direct prosecutions by county game and fish wardens when circumstances — justify it. ; County game warden: Src. 19. The sheriff of each county, and the city of St. Louis, shall be ex-officio game and fish warden of his respective county, and the city — of St. Louis, and all deputy sheriffs, constables and justices of the peace shall be — ex-officio deputy game and fish wardens for their respective counties, and the city of — MISSOURI—MONTANA. 195 §t. Louis; and for the enforcement and execution of the game and fish law they - shall be allowed such fees and costs as are allowed in other criminal prosecutions. * * * ’ Duties; Powers: Src. 20. It shall be the duty of the game and fish warden of | each county, and the city of St. Louis, to enforce all laws now enacted and which | may be hereafter enacted for the protection, preservation and propagation of game animals, birds and fish of this state, and to prosecute or cause to be prosecuted all persons who violate such laws. Said game and fish wardens shall make complaint | and cause proceedings to be commenced against any person for the violation of such | laws, and shall not be liable for nor obliged to furnish security for costs, but in all _ prosecutions under this act wherein the defendant is acquitted the costs shall be taxed as in other criminal prosecutions. Disposition of license fees: Src. 23. * * * Such clerks and license collectors a shall retain, out of the moneys received for each license [hunting] issued, the sum | of thirty cents, which shall cover all costs of license under this act, and shall pay 3 the balance to the county or city treasurer on the first day of each month, and | - roport the same to the county court or city collector, who shall place all moneys collected under this act, and not otherwise provided for, to the credit of the connty road fund, or the city street or road fund. ih Production of license: Sxc. 25. It is hereby declared to be the duty of every per- | gon holding a hunter’s license in this State to present the same for inspection by the county game and fish warden, or any of his deputies. Any person refusing to pre- | sent the same, when a proper demand is made therefor, shall be deemed guilty of | 3 a misdemeanor, and upon convictionshall be punished by a fineof not less than $10.00 nor more than $25.00. 4 Trespass; Disposition of fine: Src. 27. It shall be unlawful for any person to | hunt with gun or dog on the enclosed or cultivated land of another at any time, without the consent of the owner or person in actual control of such land as agent or tenant, and any person violating the provisions of this section shall be fined not less than ten dollars nor more than twenty-five dollars, one-half of the amount to go to the owner of said land, or his agent or tenant furnishing the proof of such violation of this act. Disposition of confiscated game: Src. 35. * * Any game or fish so shipped _ [from county], or attempted to be shipped, in violatian of this act, shall be confiscated | by the game warden and delivered to some charitable institution, and any violation of this act not otherwise provided for shall constitute a misdemeanor and be punishable by a fine of not less than $10 nor more than $100. Appropriation: Src. 38a. There is hereby appropriated out of the state treasury, chargeable to the state game protection fund, the sum of $8.000.00 for the payment of the salary and expenses for the next period of two years of the state game and fish warden. deg te se: es = > Bos Sal Sa Se er ee as ae Sas i a i ee eee * MONTANA. Laws of 1901, p. 130. _ .Game warden; Term: Src. 2. That the governor shall immediately after the | passage of this act and every four years thereafter, appoint a state game and fish warden;@ heshall hold his office for a period of four years, or until removal [removed ] as hereinafter provided: Sec. 3. [Required to give a $3,000 bond]. Duties; Powers: Sec. 4. The duties of said State game and fish warden shall be to examine into and inquire about any violation of the game and fish laws of this state, @In 1907 the state game warden was also made state fire warden and ex officio _ member of the board of fish commissioners but without additional compensation. 4308—No. 28—07——14 196 e and to institute prosecutions for any violation of the law and he is vested throughout 4 the state with all the powers of a sheriff in making arrests and in the prosecution of all offenses against the game and fish laws of the state. Heshall havegeneralsuper- vision over all deputy game and fish wardens and all special deputy game and fish wardens hereinafter provided for; and he is hereby authorized to appoint such — deputies. Compensation: Sec. 6. [As replaced by Sec. 1, Chap. 139, Laws 1907.] The compensation of the State Game and Fish Warden shall hereafter be at the rate of twenty-four hundred ($2400.00) dollars per annum, payable in monthly instalments at the end of each month. He shall be paid for all actual and necessary expenses attached to his office, but such expenses shall not exceed two thousand ($2,000. ) dollars per annum. Deputies’ duties: Src. 7. That each of such deputies appointed as aforesaid shall perform the following duties; to examine into and inquire about any violation of the game and fish laws of this state and to institute prosecutions for any violations of said law, and make report at the end of each month to the state game and fish war- den of all arrests and prosecutions made by said deputy, and furnish such other information which he may have that will tend to promote the enforcement of the game and fish laws; and he is vested throughout the state with all the powers of a sheriff in making arrests and in the prosecution of all offenses against the game and fish laws of this state. Special deputies: Src. 8. Each state game and fish warden, immediately after his appointment, and every four years thereafter, is hereby authorized and empow- ered to appoint not less than five (5) nor more than eight @ (8) special deputy game and fish wardens, as the needs of the state may require. Their term of office shall be for a period of four years but any of said special deputy game and fish wardens so appointed by said state game and fish warden, may at any time be removed at the will of said state game and fish warden. Bond: Ssc. 10. [Special deputy wardens must give bond of $1000.00) Special deputies’ duties: Sec. 11. The duties of said. special deputy game and fish wardens shall be to inquire about any violations of the game and fish laws of the State of Montana and to institute prosecutions for any violation of said law, and report in detail to said state game and fish warden at the end of each month,@ where they were each day of said month and the inquiries and efforts by them made to enforce the game and fish laws; and each is vested throughout the state with all the powers of a sheriff in making arrests and in the prosecution of all offenses against the game and fish laws of said state. Special deputies; Compensation: Src.12 [As replaced by sec. 2,chap. 139, Laws 1907]. The compensatian of all special deputy game and fish wardens shall here- alter be at the rate of fifteen hundred ($1500.00) dollars per annum, payable in monthly installments at the end of each month. Each special deputy game and fish warden shall be allowed three hundred ($300.00) dollars per annum, or as much thereof as may be necessary for his actual and necessary traveling expenses in his own district, when actually engaged in discharging the duties of his office, to be paid out of the game and fish fund upon vouchers duly audited by the State Board of Examiners. : Districts: Sec. 13. The state game and fish warden may divide the State from time to time into such fish districts, as to him may seem best and designate a special deputy game and fish warden to take charge of said district and to perform the duties of special deputy game and fish warden therein. The state game and fish warden may however when he deems it necessary for the better enforcement of the game 4See Laws of 1907, chap. 142, authorizing Staté warden to appoint four additional special deputies, and requiring such deputies to make a weekly report to the State — warden. 2 — Womneee 197 and fish laws, send any of said special deputies from the district so assigned to them to fo perform services in another part of the state, and when such special deputy game and fish warden is so sent from his district to perform duties in any other part of the state he shall receive pay for actual and necessary expenses incurred by him while traveling outside of his district in performance of duty under the direction of said- state game and fish warden. Fund: Sec. 14. [As amended by Laws of 1903, chap. 38.] There is hereby created a fund to be known as the ‘Fish and Game’ Fund; and all fines and licenses and other moneys cellected under any of the provisions of the Game and Fish laws hall be paid to the State Treasurer and by him placed in the Fish and Game Fund. _ Proceedings; Search; Seizure; Sale of seized game; Nonliability: Sxc. 16. 4 he state game and fish warden, the deputy game and fish wardens, and the special deputy game and fish wardens may make complaint and cause proceedings to be Cc Reetenced against any person for violation of any of the laws for the protection of game or fish and in such case he shall not be obliged to furnish security for costs. Any of said wardens shall have power to search any person and examine any boat. r onveyance, vehicle, fish box, fish basket, game bag or game coat, or any other recep- tacle for game or fish when he has good reasons to believe that he will thereby secure evidence of the violation of the law. Any of said wardens shall at any and all times seize and take possession of any and all birds, animals or fish which have been caught, taken or killed at any time, in a manner and for a purpose or had in posses- sion or under control or had been shipped contrary to any laws of the state, and such ‘seizure may be made without a warrant. Any court having jurisdiction of the offense upon receiving proof of probable cause for believing in the concealment of any bird, animal or fish caught, taken, or killed, had in possession, under control, or shipped contrary to any of the laws of this state shall issue a search warrant and cause asearch to be made in any place, and to that end may cause any building, enclosure or car to be entered, and any apartment, chest, box, locker, crate, basket, or package to be broken open and the contents thereof examined by the game and fish warden, or any deputy game and fish warden, or any special deputy game and fish warden, or any sh erifi, deputy sheriff or constable. All birds, animals or fish seized by any officer, s herein provided shall be sold by said officer at a time and in a manner so as to eceive the highest price therefor, and shall issue a certificate to the party purchasing the same certifying that the same was legally obtained and possessed, and any one So acquiring the same within this state shall have the right to deal therewith the same as if it had been killed and was possessed in accordance with the laws of this State, anything herein to the contrary notwithstanding and shall pay the money to the court before whom the person having the same in possession at the time of such seizure shall be prosecuted, and if the person from whom said birds, animals and fish were taken, is found guilty before said court of any violation of the fish and game laws of this state, said money shall be paid to the State Treasurer, and by him Beeentied into the fish and game fund, but should it be found that the party from whom the same was taken is not guilty of any violation of the game and fish laws of is state, said money shall be paid to the party from whom said birds, animals or fish were taken. No officer shall be liable for any damages on account of any search, examination, seizure or sale as herein provided for. ee ee ants: Src. 17. No warrant shall be issued for the amount to be paid to the ate Game and Fish Warden, or any of the special deputy game and fish wardens apy pointed by him, by the Auditor of the State, until itemized accounts, properly verified, shall be mechicd by the person to whom the warrant is to be issued or until the same is certified to as correct by the Governor of the State. Upon the presentation of said accounts, duly verified and certified, as above, the State Auditor hall draw a warrant on the fish and game fund on the State Treasurer, in favor of 198 GAME COMMISSIONS AND WARDENS. 8 the party or parties entitled thereto, for the amount so certified, and the same = | be paid out of said fund. Report: Sxc. 18. The State Game and Fish Warden shall make a semi-annual — report to the Governor of all prosecutions instituted by himself and the different — deputies during the six months prior to said report, and shall state in said report any — and all information he may haye obtained in regard to the condition of game and fish in the State of Montana, together with dny information that may aid in pro- tecting the fish and game of said state in the future. Disposition of license fees: Sxc. 24, All money received by the StateGame and Fish Warden for the foregoing licenses [nonresident] shall be paid by him to the State Treasurer and by him placed to the credit of the Fish and Game Fund. Laws of 1897, p. 249. Prima facie evidence: Src. 16. The possession of the dead bodies or any part thereof, of any of the birds or animals mentioned in this Act shall be prima facie evidence that such person or persons is or are guilty of killing the same. Grand jury; Jurisdiction; Indians; Peace officers: Src. 20. It shall be the duty of all grand juries to investigate all infractions of any of the provisions of this Act, except such cases and violations as have been tried by a court of competent jurisdiction, and upon due proof of violation of any of the said provisions, they shall proceed to indict such party or parties according to law, and it is hereby made the duty of the Judge of the District Court to call the attention of the Grand Jury tothe | provisions of this Act. The District Court shall have concurrent jurisdiction with the justices of the peace of all offenses committed under the provisions of this Act. And it is further provided that in construing this Act, the provisions and penalties hereinbefore made and prescribed shall be deemed and held to include all Indians and half breed Indians when outside the Indian Reservation. It is further provided and declared to be the duty of any sheriff, or peace officer of any county oi this State, and the county attorneys of the respective counties when it shall come to their knowledge, or they shall have reason to believe that any person has violated any of the Sections of this Act, to commence criminal proceedings against them either in the Justice or District Court, as in their judgment shall be proper, and any failure on the part of any county attorney, sheriff or other peace officer, or game warden, who has knowledge of the violation of any of the provisions of this Act to commence . such proceedings, shall be deemed a misdemeanor, and he shail be punished by a fine of not to exceed Five Hundred Dollars or by imprisonment in the county jail for not less than six months, or both such fine and imprisonment in the discretion of the court and shall forfeit his office. Extradition: Src. 23. Whenever it shall appear under any prosecution under any Section of this Act making it a felony for the violation thereof that the crime was committed, or that the game was killed or the fish caught in violation of law in any State other than Montana it shall be the duty of the magistrate or the court before whom the trial was had to hold said defendant for at least ten days, and for further time as may be necessary to allow the authorities of said State wherein the law has been violated to take the necessary steps to secure the arrest and extradition of the accused, if they so desire; and on the holding of the accused under the pro- visions of this Section, it shall be the duty of the county attorney, or attorney prose-— 3 cuting to immediately notify the proper officers of this State and county in which it appears the law has been violated, of all the facts and baci cima connected with — , said proceeding. Laws of 1903, chap. XI, p. 11. Contraband game: Sxc. 9. * * * All game shipped or had in possessionin violation of any of the provisions of this Act may be seized, confiscated, and disposed of, as provided by law. & <4 a Warden his oath of office as such Deputy Game Warden, but shall receive no com- pe nsation from the State in any way for such services, other than the consideration ibove mentioned. BD Se painnibility: Sec. 11. Any person acting as a guide for any person or party “shall be equally responsible with such person or party, for any violation of the law, any such guide who shall willfully fail or refuse to report any violation of the law, by the said person or party employing him, shall be liable to the penalties as here- 4 after provided for. Definition of guide: Src. 12. Any person who shall, for pay, aid or assist any person or party, in locating, pursuing, hunting or killing any of the game birds or animals mentioned in this Act shall be deemed a guide within the meaning of this section. _ Report by guide: Src. 13. Whenever a guide is employed by any person. or _ party, such guide shall at the expiration of the period of the time for which he was employed, make a written statement to the State Game and Fish Warden, stating _ the number of days he was employed, the number of persons guided, their names, residences, and the number of each kind of game killed, and if non-residents, the _ number of their license. Laws of 1903, S. B. 90, p. 158. - Indians: Src. 1. Any Indian who while off of, or away from, any Indian reserva- _ tion, carries or bears, or causes to be carried or borne by any member of any party with which he may travel or stop, any pistol, revolver, rifle or other fire arm, or any ammunition for any fire arm, shall be guilty of a misdemeanor; and such arms - shall be seized, confiscated and sold by the officers making the arrest and the pro- ceeds of such sale shall be disposed of as follows: When seized and sold by an officer of the Stock Association the proceeds shall be sent to the state treasurer and by him _ placed to the credit of the stock inspector and detective fund; when seized and sold _by a game warden, the proceeds shall be placed to the credit of the fish and game fond; and when seized and sold by any other peace officer, the proceeds shall be turned over to the county treasurer and placed to the credit of the general fund in _ which county the arrest was made. Laws of 1905, chap. 52, p. 112. _ Civil action: Sec. 10. All fines, bonds and penalties mentioned in any section of this act [protecting moose, bison, caribou, antelope and beaver at all times; fixing a - close season on other game; limiting bag, etc.] may be collected by a civil ae in _ the name of the state of Montana in any cana of competent jurisdiction upon proper complaint being filed, and the amount of all fines and bonds collected under the pro- visions of this act shall be paid to the state treasurer and by him placed to the credit _ of the fish and game fund. All such fines, bonds and costs shall be collected without ‘Stay of execution, and the defendant, or defendants, may by order of the court be confined in the county jail of the county until such fine and costs are paid. _. Approved Mar. 1, 1905. Laws of 1905, chap. 57, p. 123. Prima facie evidence: Src. 3. * * * The possession of a gun or rod in the “fields, or in the forests, or on or about the waters of this state by any non-resident p of this state, without first securing the license required by this act, shall be prima 4 + ee PEL, Sa Rie sd Coe ea OU te SaaS eo 200° > _ GAME COMMISSIONS AND WARD deputy game wardens shall be sent to the state game and fish warden and recelaas ' game and fish warden shall have the right to employ an office clerk at a salary of © facie evidence of the violation of its provisions, and any game warden or peace offic has the right to arrest any such party er parties without a warrant. "SER Disposition of license fees: Suc. 5. [Requires justices of the peace to neinié! on the last day of each month to the state eee funds collected from residents for licenses and at same time to notify the state game warden of the amount so remitted. ] Identification of license: Sec. 8. * * * Ifany game warden or other peace officer has reason to believe that a license is in the hands of a person other than the | lawful licensee, such officer may require such party having the license to identify : himself, and any such person refusing on such demand to identify himself, shall be — guilty of amisdemeanor * * * a Moneys collected by deputies: Sxc. 9. * * * All moneys collected by — for by him and he shall turn the same over to the state treasurer with other moneys — collected by him as prescribed by law. Export permits: Src. 10. [State game warden required to collect fee of fifty cents — a for issue of export permits.] All money so received shall be turned over by himto | the state treasurer at the time and in the manner prescribed by law and the state a treasurer shall place such money to the credit of the fish and game fund. 4 Office clerk: Src. 11. [As amended by sec. 3, chap. 139, Laws 1907.] The state 4 twelve hundred ($1200.00) dollars per year, and said clerk shall be paid monthly by warrant drawn on the fish and game fund by the state auditor in the same manner as for the salary of deputy game and fish wardens. Packers to be guides: Src. 12. Any person who shall engage in the business of a packing for hunting parties, as the term is commonly understood, or who shall for | pay, accompany such party as guide, packer or cook, shall be considered a guide a and shall come within the requirements provided for in Sections 10, 11, 13 and 140f Senate Bill No. 30, approved February 21st, 1903; provided, however, it shall be necessary only for one of the persons above named, with each and every hunting party, to have fulfilled the requirements of this section. : Disposition of fish and game fund: Src. 13. The state treasurer is hereby directed to keep all moneys now in the fish and game fund and all moneys placed ~ hereafter in such fund for the payment only of the salaries and other expenses — incurred by the game and fish warden’s department. Laws of 1907, chap. 142, p. 366. Reports of special deputies: Src. V. All Special Deputy State Game and Fish Wardens shall make out each day a report of all matters attended to and business transacted on said day and at the end of each week shall forward such a to the © State Game and Fish Warden. ; Additional special deputies: Sec. IX. The State Game and Fish Warden is — hereby authorized and empowered to create four additional game and fish districtsand — to appoint and employ four additional Special Deputy Game and Fish Wardens whose — duties and compensation shall be the same as is already provided for in House Bill — No. 147, Session Laws 1901; such appointments may be made by the State Game © and Fish Warden at any time as in his judgment the needs of the State may require. — Duties: Sec. X. No Special Deputy State Game and Fish Warden while holding ~ such appointment or serving in such capacity shall engage actively in any other business, trade or profession, or perform any other duties other than those required — for the proper fulfillment of his office. a Se Peicdaig te let ik Sole oie aaa oon ee Sa ses NEBRASKA, 201 re i: NEBRASKA. ; Laws of 1901, chap. 36, p. 364. ARTICLE I. -_ Game commission; Duties: Sec. 1. There is hereby created a game and fish ~ commission for the State of Nebraska, which shall have the general charge of the. following named public matters, viz: 1. The protection, propagation and breeding of such fish and game, song, insectiv- _ orous and other birds as may be deemed valuable to the people of the State. 2. The collection and distribution of such statistics and information as may be deemed useful respecting the protection and propagation of fish and game, song, ‘insectivorous and other birds, and to take charge and preserve all books, records and documents pertaining to the subject which may come into the possession of said - commission, or under its control. 3. [Fish.] 4. The enforcement of all laws of the State for the protection, preservation and propagation of fish and game, song, insectivorous and other useful birds. Commissioner; Deputies; Compensation: Src. 2. [As amended by Laws of 1905, chap. 74.] The affairs of said commission shall be conducted by a game and fish commissioner and such subordinates as are provided for in this act. The Governor is hereby made the game and fish commissioner, and he is required within thirty days from the approval of this act, and every two years thereafter, to appoint two deputy game and fish commissioners, who shall hold office for a term ___ of two years, or until their successors shall have qualified, and who may be removed _ by the Governor at any time for cause. One of said deputies shall be designated as the chief deputy, who shall reside in the City of Lincoln, and who shall, under the _ direction of the commissioner, devote his entire time to the affairs of this office. _ One of said deputies shall be skilled in the science of fish culture and shall under _ the direction of the commissioners have the control and management of all fish hatcheries of the State and the distribution of fish spawn and fry in the waters of the State. Said deputies shall receive compensation as follows: The chief deputy shall receive a salary of one thousand and five hundred ($1,500) dollars per annum, payable quarterly, and the other deputy in charge of state fish hatcheries shall receive a salary of one thousand two hundred ($1,200) dollars per annum, payable quarterly, also their actual traveling and subsistence expenses, not _ exceeding $500 per year, when absent from their respective homes in the discharge _ of their official duties. Said commissioner shall also within thirty days from the approval of this act appoint, and may remove at his pleasure, three deputies who _ shall receive seventy-five ($75.00) dollars per month, payable monthly, for such time only as they shall be actually employed in the discharge of their official duties under the direction of the commissioner. They shall also receive their actual traveling and subsisting expenses not exceeding three hundred ($300.00) dollars per year, while absent from their respective homes in the discharge of their official duties. _ The commissioner may also at his pleasure in writing appoint for special purposes, deputies who shall serve for such special purposes without compensation such pur- poses being stated in the written appointment, and who shall have for such purpose _ thesame powers as the deputies hereinbefore mentioned. Office; Secretary; Compensation: Src. 3. The commission shall be provided _ at the State Capitol with suitable furniture, stationery and other facilities for the transaction of its business. And the commissioner may appoint and remove at his _ pleasure, a secretary at a salary not exceeding seventy-five ($75) per month, payabie - monthly. Provided the commissioner may in his discretion require the chief deputy to act as secretary of said commission, in which case said deputy shall receive three a @ Laws of 1907 not received. 202 GAME COMMISSIONS AND WARDENS. _ we hundred ($300) dollars, per annum, for such service, in addition to the salary herein provided. an ; Powers: Src. 4. Said commissioner and his deputies are hereby made officers of - e the State with all of the powers of sheriffs and constables, while acting within the | line of their official duties, with authority to make arrests and to serve all writs and — y processes, civil and criminal, in the enforcement of this act, and to charge therefor - and collect the fees allowed by law for like services by sheriffs and constables. Arrest; Seizure; Search: Src. 5. The commissioner and deputy commissioner, and every sheriff and constable, in his respective county, is authorized and required to enforce this act and seize any fish or game, song, insectivorous, or other birds taken or held in violation of this act, and he shall have full power and authority, and it shall be the duty of every such officer, with or without a warrant, to arrest ~ any person whom he has reason to believe guilty of a violation thereof; and with or without a warrant, to open, enter and examine all camps, wagons, cars, stages, tents, packs, warehouses, stores, outhouses, stables, barns, and other places, boxes, barrels, and packages where he has reason to believe any fish or game, song, insectivorous or other birds taken or held in violation of this act, is to be found, and to seize the same; provided that a dwelling house actually occupied can be entered for examina- tion ely in pursuance of a warrant. . Conveyance: Src. 6. Where fish or game, song, insectivorous or ale birds is [are] seized under this act, the officer making such seizure shall have authority, upon payment of reasonable compensation therefor, to also take possession of and use any animals and vehicles used in such transportation for the purpose of conveying the fish or game, song, insectivorous or other birds seized to a convenient railroad sta- tion or place of safe keeping for sale, and also for conveying any person arrested for the unlawful possession of such fish or game, song, insectivorous or other birds to a place of hearing or trial, and no liability shall attach to such officer by reason thereof, but this section shall not apply to any animal or vehicle while being used as a public conveyance for passengers or mails, or to any railroad car. Civil action: Src. 8. The commissioner may, if he so elect, bring and maintain a civil action in the name of the State for the possession of any fish or game, song, insectivorous or other birds, taken, killed or heid in violation of this act, or for the value thereof, against any person in possession or exercising control over the same, and if required by the commissioner a writ of replevin shall issue therein without bond. No previous demand for possession shall be necessary. Neither the pendency of such action nor of a criminal prosecution for the same taking, killing or possession, shall be a bar to the other, nor shall anything in this section affect the right of seizure under the other provisions of this act. Separate offense: Src. 11. * * * aviolation 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, information or indictment, and proof as to a part of an ani- mal shall be sufficient to sustain a charge asto 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. Prima facie evidence; Production of license, etc.: 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 unlawfully taken and is unlawfully held in possession and it shall be the duty of every person having the possession or control of fish or game, song, insectivorous or other birds to produce the proper license, certificate, 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 him. ; gees FN re cae yet op Dole +0 ae Paes ee os ae Corporation: Src. 14. In case of a
  • 4 brought by any person or persons in the name of the State of Nebraska, against any 4 party or parties violating any of the provisions of this act, before any Justice of the | Peace or County Judge of the County in which said violation is charged to have y taken place, or before any Court of competent jurisdiction; and it is made the duty of all County Attorneys of this State to see that the provisions of this act are enforced ; in their respective counties, and they shall prosecute all offenders on receiving infor- | mation of the violation of any of the provisions of this act; and it is made the duty 7 of all sheriffs, deputy sheriffs, constables and police officers, to inform against and yg prosecute each and every party or parties, person or persons, whom there is reason- able or probable cause to believe are guilty of violating any of the provisions of this | act. Any county attorney, sheriff, deputy sheriff, constable or police officer who 5 shall fail, neglect or refuse to discharge the said duties hereby imposed on such © officers, respectively, shall be deemed guilty of a misdemeanor, and on conviction — be fined not less sea twenty-five dollars nor more than one hundred dollars, for — each offense. a Approved March 23, 1901. NEVADA. ¢ Laws of 1901, Chap. XLVIII, p. 57. Game warden; Bond: Src. 1. It is hereby made the duty of the several Boards © of County Commisssoners in this State, at their first regular meeting in April, nine- teen hundred and one, and annually thereafter, upon the petition of twenty or more resident taxpayers, to appoint a Fish and Game Warden for their respective coun- — ties, who shall reside in the county for which he is appointed. Each Warden so — appointed, before entering upon the duties of his office, shall take his oath of office, — and give an undertaking to the State of Nevada for the use of the respective counties thereof, with two or more sureties, to be approved by the Board of County Commis- — sioners conditionally [conditioned] for the faithful performance of his duties, and in © such sum as the County Commissioners of the several counties may deem sufficient — for the faithful performance of the duties of his office and the enforcement of the © requirements of this Act. Duties; Powers; Responsibility: Src. 2. Said Warden is hereby empowered _ [and it shall be his duty] to enforce the State laws and all county and municipal ordinances relative to the protection of fish and game; and he shall be vested with — the power to make arrests for the violation of such laws and ordinances in any county in this State; to appoint a deputy or deputies who shall have power to trans- — act all official business appertaining to said officer, to the same extent as their prin- cipal; provided, that said Warden shall be responsible for the compensation of such — deputy or deputies, and shall be responsible on his official bond for all malfeasance @ Laws of 1907 not received. _ NEVADA—-NEW HAMPSHIRE. 205 or nonfeasance of the same. Bonds for the faithful performance of the duties of his - official deputy or deputies may be required of said deputy or deputies by said a: ae _ Reports; Removal: Szc. 3. Said Fish and Game Warden shall report quarterly _ to the Board of County Commissioners of his county, giving a detailed statement of Pall arrests made, convictions secured, fines collected, and generally in regard to the management of his office. Such officers may be removed by the Board of County Dieircicsioners for intemperance, neglect of duty or other good and sufficient - reasons. Salary: Src. 4. [As amended by Laws of 1903, chap. 98.] The salary of said Fish and Game Wardens shall be fixed by the County Commissioners of the various counties of this State and paid out of the General Funds of their respective counties; _ provided, that the salary of such Fish and Game Wardens shall not exceed $20 per ~ month. _ Approved March 12, 1901. NEW HAMPSHIRE. Acts of 1901, chap. 79, p. 567. Fish and game commissioners: Src. 1. The governor, with the advice of the council, shall appoint a board of fish and game commissioners not exceeding three ‘in number, who shall hold office for five years unless sooner removed. The board as now constituted is continued. _ Restocking: Src. 2. The commissioners shall enforce the fish and game laws, shall take the necessary measures for restocking or introducing any desirable fish into the waters of this state, and they may cooperate with the commissioners of other states, having joint interests with this state, for that purpose. Special detectives: Src. 8. The fish and game commissioners may, whenever _ they deem it necessary, and shall, upon the request of three reputable citizens, _ appoint one or more persons to act as special detectives in cases of prosecution relating to fish and game. The compensation of such detectives shall be fixed by 4 said commissioners and paid from the fish and game detective fund. _ Confiscation: Src. 9. All fish and game found in the possession of any person or persons who have illegally taken the same shall be confiscated by the fish and game - commissioners and sold by them, or under their direction, to the best advantage, and the proceeds of such sale added to the fish and game detective fund in the state treasury. _ Reports; Publishing laws: Src. 10. [As amended by Laws of 1903, chap. 77.] _ The fish and game commissioners shall file with the secretary of state, on or before _ the first day of December, in each alternate year, a report to the governor and — council of all their doings, together with a statement of all their expenses. They _ shall compile and issue at the close of each session of the legislature a pamphlet edition of the fish and game laws, with the session amendments, suitably indexed, _ said edition not to exceed ten thousand copies, and a synopsis of such laws printed _ on cloth not to exceed one thousand copies. - Compensation: Szc. 11. [As amended by Laws of 1903, Chap. 11.] Said commis- _ sioners shall be paid their traveling and other expenses necessarily connected with _ the discharge of their duties, and the chairman of the board shall receive as com- _ pensation for his services the sum of one thousand dollars per annum, and the two _ remaining members the sum of eight hundred dollars each per annum. _ Fund: Szc. 12. All fines and forfeitures accruing from prosecutions for violation _ of the fish and game laws shall be paid into the state treasury and placed to the credit of the fish and game commissioners, and be known as the fish and game detec- 206 GAME COMMISSIONS AND WARDENS. tive fund, and may be drawn and used by said commissioners from time to time as _ to them may seem necessary, with the approval of the governor and council. | Powers: Src. 13. The fish and game commissioners, their deputies and detectives, _ in the performance of their duties shall have the powers of constables, and shallalso have authority to arrest, on view, within the limits of the state, any person We a any of the fish and game laws. Prima facie evidence: Src. 30. If any person shall at any time have in his pos- session the carcasses or hides of any moose, caribou, elk, or fawn, or the parts thereof, or the carcasses or hides or parts thereof of more than two deer, in the open season on deer, or the carcasses or hides or parts thereof of any deer when it is unlawful to take or kill deer, or the carcasses or hides or parts thereof of any other animal mentioned in this act when it is unlawful to take or kill such animal, it shall be prima facie evidence that such person has hunted and killed the same contrary to law. Special regulations: Src. 33. [Fish and game commissioners shall prescribe rules and regulations for transporting out of the state game animals legally killed on the Blue Mountain Forest Preserve. ] Approved March 20, 1901. a te; ade nl WS Deity Laws of 1905, chap. 38, p. 428. An act to require non-residents to procure a license to hunt. Production of license: Src. 4. No license shall be valid unless the signature of the person to whom it is issued is written thereon, and every such person shall at all times when hunting carry his license on his person, and shall at all reasonable times and as often as requested produce and show such license to any person requesting him so to do, and if he fails or refuses to do so he shall forfeit such license and be deemed to be hunting in violation of the provisions of this act. Arrest of licensee: Src. 9. The fish and game commissioners and the detect- | ives in their employ shall have the right, after demand and refusal or failureto | exhibit such license, to arrest without warrant any non-resident person or persons found hunting, pursuing or killing any wild animal, wild fowl or bird, and forthe purpose of this arrest any person who shall refuse to state his name and place of residence on demand of such officer shall be deemed a non-resident. Disposition of license fees: Src. 10. The fee for the license provided for in the preceding sections of this act shall be ten dollars, the money received by the com- missioners for the issuance thereof shall be turned over to the state treasurer, who shail credit the same to the detective fund, so called, to be expended as otherwise provided for by law and under the same supervision as any other moneys belonging to the said fund. Approved March 1, 1905. Laws of 1905, chap. 98, p. 515. An act to prohibit the use of swivel and punt guns. Confiscation of big guns: Sc. 1. If any person shall, at any time, within this state, hunt, pursue, shoot at, or kill any game bird, as defined by section 34 of chap- ter 79 of the Laws of 1901, with any punt-gun, swivel-gun, or other gun not fired | from the shoulder, or of larger bore than ten-gauge, he shall be fined not more than | ten dollars for each offense and shall forfeit all guns and implements with which the offense was committed. And all guns and implements so used shall be seized by — any detective, constable or police officer and shall be destroyed by the person seizing _ them. _ Approved March 10, 1905. PEO RR eS NTS Fete Mh ee mp WS NEW JERSEY. | OE NEW JERSEY. Acts of 1895, Chap. CCXXIV, p. 440. (Gen. Stats., vol. 2, p. 1562.) Fish and game commissioners: Src. 1. That the present commissioners of fisheries of this state and their successors shall hereafter be known and designated as ‘‘The board of fish and game commissioners’’, and that after the expiration of the terms of the respective members of the present board, said board shall be _ appointed by the governor of this state with the advice and consent of the senate, | and shall be constituted of four competent persons, who shall hold office for five years, and until their successors are duly appointed and qualified; vacancies occur- ring by death, resignation or otherwise shall be filled in the same manner and for _ the unexpired term of the commissioner whose office shall become vacant; provided, | that no appointment shall be made by reason of which more than two of the said - commissioners shall be of the same political party. Duties; Powers; Reports: Src. 2. That the duties of the said board shall be | the protection and propagation of fish, birds and game animals and enforcement of the law relating thereto, * * * , and [said board] shall have power, on view or _ information, to enforce the laws for the protection and propagation of fish, birds and _ game animals within this state, by arrest and prosecution of the offender or offenders, Re oy | as they shall deem useful. without warrant or complaint, and shall make a full report to the legislature annu- ally, at the meeting thereof, for the year ending on the thirtieth day of November preceding, of all their official operations, with such suggestions and recommendations Wardens; Bond; Compensation: Src. 3. That the said board of fish and game q commissioners shall appoint twenty-five¢ competent men, who shall be known as | fish and game wardens, whose powers and duties are hereinafter defined, and who q shall hold office for one year, or during the pleasure of the said board, and who shall _ be subject to summary removal by the said board without notice; the said board Ba i Pi _ shall from time to time designate one of said wardens as the fish and game protector, who shall hold such office during the pleasure of the said board and who shall, under _ thesupervision of this board, have the direction, supervision and control of the other _ fish and game wardens; the fish and game protector shall give a bond to the said _ board with sureties in the penal sum of one thousand dollars, and each of said wardens _ shall give to said board a bond with sureties, in the penal sum of five hundred dollars, conditioned for the faithful discharge of his duties, such bond to be approved by the _ commissioners, and upon default an action thereon shall be brought in the name of the state; the compensation of the fish and game protector shall be one hundred dollars per month, payable monthly, and he shall be allowed for the expenses in the _ periormance of his duties the sum oi three hundred dollars per annum; the compen- _ sation of the said wardens shall be at the rate of fifty dollars per month each, pay- able monthly, and an allowance to each for expenses not exceeding two hundred _ dollars per annum; the payment of traveling and incidental expenses of said fish and _ game wardens shall be made upon the statement of said fish and game protector, _ duly sworn to by him, that the charges for which payment is asked have been - incurred in the discharge of official duties, and that the bill is true and correct; such _ bill so certified to by the said fish and game protector shall be approved of by the _ said board before payment. Duties; Powers; Reports: Src. 4. That the fish and game wardens shall enforce q all the laws of the state for the protection of fish, birds and game animals, and shall _ have full power to execute all processes issued for the violation of such laws and to _ serve subpoenas issued for the examination, investigation or trial of all offences _ against said laws; each fish and game warden shall keep a daily record of his official aS8ee Act of 1896, sec. 1. 208 GAME COMMISSIONS AND WARDENS. acts, and shall at the.close of Sack month make a summary of such record with statements in detail as shall be necessary for the information of the said board, and report the same to the said board; the fish and game protector shall report to the — said board any negligence or dereliction of duty or incompetency on the part of any of the said wardens, with the facts relating thereto, and he shall report monthlyto said board the operation of his department during the preceding month, and i | such further report as may be required by the said board; * * * : a Peace officers: Src. 5. That the said board of fish and game commissioners and ~ . the fish and game wardens and the fish and game protector may, in the dischargeoi their duties, call in the aid of any constable, sheriff or other peace officer of this state __ when deemed necessary; and any such officer neglecting or refusing to aid when thus required shall forfeit twenty-five dollars, to be recovered by action of debt; they — shall also have the power of summary arrest in cases of flagrant violation of the fishing or the game laws of this state. ie Approved March 22, 1895. Acts of 1896, chap. 180, p. 185. Deputies: [Src.] 1. The board of fish and game commissioners is hereby author- _ a ized to appoint such deputy fish and game wardens as such board may deemnecessary for the better enforcement of the laws regulating the taking of fish, game and birds. Powers; duties; compensation: [Src.] 2. Such deputy fish and game wardens shall have all the powers and authority conferred by the laws of this state on fish and game wardens of the state, and shall be entitled to all the fees and emoluments of such office of fish and game wardens, and shall be subject to the regulations pro- vided by law for such fish and game wardens; provided, however, that such deputy fish and game wardens shall receive no salary or other compensation from the state. Acts of 1897, chap. 171, p. 340. Wardens’ compensation: [Src.] 1. The board of fish and game commissioners of this state is hereby authorized and required, at its first meeting after the passage of this act, to fix the annual allowance for expenses of the fish and game protector and the fish and game wardens, and may at any meeting thereafter, for good cause appearing to them, alter such allowance; provided, however, that such allowance ior expenses shall not in any year exceed the total amount appropriated by the legisla- ture for that purpose. Appropriations: Src. 2. All moneys appropriated for the compensation of the fish and game protector, the fish and game wardens and the general and incidental expenses of the board of fish and game commissioners shall be paid by the treasurer oi this state, on the warrant of the comptroller, to the treasurer of such board of fish and game commissioners, in equal monthly instalments on the first day of each month. Approved May 4, 1897. Acts of 1897, chap. 41, p. 109. Enforcement of laws: [Src.] 1. All laws general and special, for the protection of fish, game and birds, or in any manner pronibiting or regulating the taking or possession of the same, shall hereafter be enforced and all penalties for violations thereof shall hereafter be recovered in accordance with the provisions of this act. Jurisdiction: [Sec.] 2. [As amended by Lawscf 1905, chap. 86.] Justices of the peace, district courts and police magistrates shail have jurisdiction to try and punish any person or persons, corporation or corporations, accused of violating any of the laws specified in the first section of this act, or any of the provisions thereof, and -: < es. ~~ = ois, _ a“ ~4 a 7). = Pe ag de a et ae Cr ee yt ates fo Fe a es Beek rie ea Wee so gl Oe eee: 0) EW SBS | 209 iny justice of the peace, district court or police magistrate, either in the county I ere the geet is committed or where the offender is first apprehended or where ued to prbbibit justices of the peace residing within the limits of any Site where a strict court is or may be established from exercising jurisdiction under this act. est; Trial; Commitment: [Src.] 3. Such justice of the peace, district court. or police datliabecekes upon receiving complaint in writing, duly verified, of the viola- ion of any law specified in the first section of this act, or of any of the provisions ereof, is hereby authorized and required to issue a warrant, directed to any con- stable, police officer, fish and game warden, fish and game protector, or deputy fish and game warden of this state commanding him to cause the person or persons so nplained of to be arrested and brought before such justice, district court or police magistrate, and shall thereupon, in a summary way, hear and determine the guilt or Innocence of such person or persons, and, upon conviction, shall impose upon the person or persons so convicted the penalty or penalties prescribed, together with the cost of prosecution, for such offense, and if any person or persons shall fail to pay the penalty or penalties so imposed together with the costs of prosecution, the said ice, district court or police magistrate shall commit him or them to the common jail of the county where such conviction is had, for a period not exceeding ninety days, or until said penalty and costs are paid. Corporations: [Sec.] 4. Such justice of the peace, district court or police magis- trate, upon receiving complaint in writing, duly verified, of the violation of any law yecified in the first section of this act, or of any of the provisions thereof, by any rporation or corporations, is hereby authorized and required to issue a summons directed to any constable, police officer, fish and game warden, fish and game pro- : stor, or deputy fish and game warden of this state requiring such corporation or cor- 2 orations to be and appear before such justice of the peace, district court or police magistrate on a day therein named, to answer the said complaint, which said sum- mons shall be served on the president, vice-president, secretary, superintendent or manager of such corporation at least five days before the time of appearance men- tioned therein, and thereafter all proceedings shall be the same as in cases against ndividuals, except where a different procedure is provided by this act. Arrest; Complaint; Trial: [Src.] 5. For the violation of any law specified in the first section of this act, or of any of the provisions thereof, done within the view of any sonstable, police officer, fish and game warden, fish and game protector, deputy fish and game warden, or an officer or member of any incorporated game protective society, such officer is hereby authorized, without warrant, to arrest the offender or offenders and to carry him or them before a justice of the peace, district court or police magistrate of the county where such arrest is made, and the justice, district court or police magistrate before whom such offender or offenders shall be taken is hereby authorized and required to hear and determine in a summary way the guilt or inno- sence of such person or persons, after receiving from the said officer a complaint in Writing, duly verified, setting forth the nature of the offense for which the said per- on or persons was or were arrested. Fees; costs: [Sec.] 6. In any action commenced under the provisions of this act the prevailing party shall recover costs against the other; and the same fees and osts shall be allowed therein as in trials before justices of the peace holding court or the trial of small causes. “Adjournment: [Sec.] 7. Any hearing to be held pursuant to this act may, for good | ‘ause shown, be adjourned for a period not exceeding thirty days from the return of ; my warrant of the time of appearance mentioned in any summons, or from the date f any arrest without warrant, as the case may be, but in such case it shall be the ~ such proceedings, and deliver to the justice, district court or police magistrate a bond 210 GAME COMMISSIONS AND WARDENS. duty of the justice, district court or police magistrate to detain the defendant or defendants in safe custody unless he or they shall enter into bond to the person ; making the complaint, with at least one surety in double the amount of the penalty to be recovered, conditioned for his or their appearance on the day to which the — hearing shall be adjourned, and thence from day to day until the case is disposed of, — and then to abide by the judgment of the justice, district court or police magistrate, provided no appeal therefrom be taken, and such bond, if forfeited, may be prose-— cuted by the person to whom it is given in any court of competent jurisdiction. Disposition of fines: [Sxc.] 8. All moneys recovered pursuant to the provisions of this act shall be paid in each case to the person making the complaint, who shall pay one-third thereof to the fish and game protector for the use of the board of fish and game commissioners, and one-third thereof in equal proportions to the persons furnishing the evidence necessary to secure a conviction. Appeal: Src. 9. Any party to any proceeding instituted under this act may appeal from the judgment or sentence of the justice, district court or police magistrate, to — the court of common pleas of the county in which the said proceedings take place; provided, that the party appealing shall within ten days after the date of the said judgment serve a written notice of appeal upon the opposite party, pay the costs of to the opposite party, in double the amount of the judgment appealed from, with at least one sufficient surety, conditioned to prosecute the said appeal and to stand to and abide by such further order or judgment as may hereafter be made against said party. Proceedings on appeal: Src. 10. [As amended by Laws of 1905, chap. 86.] Whenever an appeal shail be taken as aforesaid, it shall be the duty of the justice of the peace, district court or police magistrate to send all papers, together with a trans- script of the proceedings in the case, to the next term of the court of common pleas of the said county, which court shall hear and determine such appeal in the same way and manner as said case was heard and determined by such justice of the peace, district court or police magistrate. Powers; Fees: Sec. 11. The duly appointed fish and game protector, fish and game wardens, and deputy fish and game wardens of this state shall have the same power and be entitled to the same fees for the services.of process in cases instituted under this act as constables have and are entitled to receive in the courts for the trial of small causes. Witness: Src. 12. No person shall be excused from giving evidence in any action or proceedings taken or had under this act, on the ground that such evidence might tend to convict such witness, or render him liable to prosecution under this act, but such evidence shall not be received against such witness in any such prosecution. 4 Judgment: [Src.] 14. Any judgment obtained under the provisions of this act | against a corporation may be docketed in the office of the clerk of the circuit court — in and for the county in which such judgment shall be obtained, and like proceed- — ings shall be had for the collection of the same as if the said judgment had been ren- | dered in the said court. Sunday: [Src.] 15. Proceedings under this act may be instituted on any day oi the week, and the institution of such proceedings on Sunday shall be no bar to the ~ successful prosecution of the same, and any process served on Sunday shall be as — valid and effectual as if served on any other day of the week. j Proceedings: [Sxc.] 16. All proceedings for the recovery of penalties pursuant to : the provisions of this act shall be entitled and shall run in the name of the state of _ New Jersey, with one of the fish and game wardens of the state, or a deputy fish and — game warden, or a police officer, or a constable, or a member of any regularly incor- — porated fish and game protective association, or the fish and game protector as prose- | cutor, and no proceedings shall be instituted by any person not a duly commissioned | uel at nate Pe RR eo a. Lye ish De 40.) ONEW JEBSEY. ea / O¥1 1 and game warden, or a deputy fish and game warden, or a police officer, or a constable, or a member of any incorporated fish and game protective association, or tk he fish and game protector of this state. 4 Be roroved March 29, 1897. Acts of 1902, chap. 207, p. 657. _ Search; Seizure; Disposition of game; Nonliability: Src. 1. The fish and game commissioners, the fish and game protector and the fish and game wardens of this state shall have power, without warrant, to search and examine any boat, con- _ yeyance, vehicle, fish-box, fish-basket, game-bag or game-coat, or other receptacle E for game and fish, when they have reason to believe that any of the laws for the _ protection of game and fish have been violated; and the said fish and game commis- sioners, fish and game protector and fish and game wardens shall, at any time, seize and take possession of any and all birds, animals or fish, which have been caught, taken or killed at any time in a manner or for a purpose, or had in possession or under control, have been shipped or are about to be shipped, contrary to any of the laws of this state; justices of the peace, district courts and police magistrates, upon | receiving proof of probable cause for believing in the concealment of any bird, Resins or fish caught, taken, killed, had in possession, under control or shipped, or _ about to be shipped, contrary to law, shall issue a search warrant and cause a search _ to be made in any place, and to that end may, after demand, and refusal, cause any _ building, enclosure or car to be entered, and any apartment, chest, box, locker, crate, q basket or package to be broken open and the contents thereof examined by said fish _ and game commissioners, fish and game protector or fish and game wardens; all E. irds, animals or fish, or net or fishing appliance or apparatus, seized by the fish and - game commissioners, fish and game protector or any of the fish and game wardens, _ shall be disposed of in such manner as may be directed by the justice of the peace, _ district court or police magistrate before whom the offense is tried; and such fish and game commissioners, fish and game protector or fish and game wardens shall a not be liable for damages on account of any such search or the destruction of any nets or fishing apparatus of any kind in accordance with the provisions of this act. _ Pleadings: Src. 2. [No further pleadings than the filing of complaint and issuing _ of warrant shall be necessary on the part of the prosecutor; said complaint shall specify the section and the title of the act charged to have been violated, and the _ time and place of violation. ] _ Approved April 9, 1902. Acts of 1902, chap. 263, p. 780. License: Src. 1. [Requires nonresidents to procure hunting licenses. Fee $10. ] Production of license; Arrest; Seizure; Sale of implements: Src. 2. Any ‘game protector or game w pmica shall have the right, after demand and refusal or Sailore to exhibit such certificate, to arrest, without warrant, any non-resident person or persons found hunting, or whom said protector or warden shall have reasonable cause to believe to ee cos hunting within this state (and for the purpose of this arrest any person who shall refuse to state his place of residence, upon demand of : such officer shall be deemed a non-resident) and to take him or them forthwith : before any justice of the peace, district court or police magistrate of the county _ where the arrest is made and to proceed against him or them in the manner pre- seribed by an act of the legislature of this state, [Act of 1897] and also to seize any and all gun or guns or shooting paraphernalia in the possession of such person or _ persons so arrested, and to hold the same subjected to the payment of the fine or - fines which shall be imposed upon such person or persons, together with the costs : of prosecution; and in case such person or persons shall be convicted and shall fail : 4358—No. 28-07-15 aS a ER RC 7 ASE ee, Pe re a re ~™ - 1 igh aly Me eas CRATES Oe mae 212 GAME COMMISSIONS AND WARDENS. to make payment of the said penalty and costs within ten days from the date of ° such conviction, to sell the same at public auction and apply the funds thus realized £ first to the payment of the said costs and the balance thereof, if there be any, to the payment of the penalty imposed; and should any balance still remain to pay the same to the owner of the property so seized. Nonliability: Src. 3. No game protector or game warden shall be liable for dam- ages on account of any such arrest, seizure or sale in accordance with the provisions of this act. Approved April 22, 1902. Acts of 1903, chap. 246, p. 526. Prima facie evidence: Sxc. 8. [Asamended by Laws of 1904, chap. 231.] * * * and the having in possession of any such goose, duck, swan, brant or other water wild fowl during the period prohibited in this section [May 1-Sept. 1] shall, in every court and place, be deemed prima facie evidence that the same are unlawfully in possession. Prima facie evidence: Src. 16. [As amended by Laws of 1906, chap. —] * * * and the having in possession of any such deer during the times and periods prohib- ited in this act [until Nov. 10, 1909] shall be prima facie evidence in all courts and places of the fact that they are in possession unlawfully. Approved April 14, 1903. Acts of 1905, chap. 87, p. 184. | Conviction: [Src.] 1. Theconviction in prosecutions under the act [1897, chap. 41] | to which this is a supplement shall be in the following or similar form: | STaTE OF NEw JERSEY, ae CouNTY OF . Be it remembered, that on this , A. D. nineteen hundred and at in said county, defendant, was, by one of the justices of the peace in and for said county (or by the district court or police magis- i trate, as the case may be), convicted of violating the —— section of an act of legis- i lature of said state entitled “An act for the protection of certain kinds of birds, game 4 and fish, to regulate their method of capture and provide open and close seasons for ) such capture and possession (Revision of 1903),’’ approved April fourteenth, nine- teen hundred and three (or if violation be of a supplement or amendment, then state title of act and date of approval), in a summary proceeding at the suit of | , one of the fish and game wardens of said state, plaintiff (or as the case may HH be), upon complaint made by ; and further, that the witnesses in said i proceeding who testified for ie plaintiff were (name them), and the witnesses who testified for the defendant were (name them); whereupon said justice of the peace day of (or district court or police magistrate, as the case may be) doth hereby give judg- ment that the plaintiff recover of the defendant, , penalty and costs of this proceeding. Said conviction shall be signed by the justice of the peace, judge of the district i court or police magistrate before whom the conviction is had. Approved March 31, 1905. Laws of 1908, chap. 48, p. 74. Game warden; Bond; Salary: Src. 1. Within thirty days after the passage of this act, there shall be appointed by the governor of the territory of New Mexico, — an officer to be known as the game and fish warden of the Territory of New Mexico, whose term of office shall be two years and until his successor shall be appointed | | } NEW MEXICO. and qualified, and whose duties shall be prescribed by this act. [Warden must NEW MEXICO—NEW YORK. — 213 e oath of office and give bond of $2,000.00, and is allowed salary of $1800.00 per jum payable as are salaries of other territorial officers. ] eputies; Compensation; Duties; Powers: Src. 3. Such game and fish warden ‘shall have the power to appoint deputies in each county in this territory, and to : remove the same from office, who shall be residents of the county for which they y were appointed, and who shall be specially charged with the duty of enforcing the fi fish and game laws of the Territory of New Mexico in their respective counties, and : ‘such deputies shall receive in full compensation for their services, one-half of all fines 4 imposed upon prosecutions procured or instituted by them, and convictions 3 secured thereunder, for violation of the game and fish laws of hae territory, and each deputy so appointed shall qualify by filing with the game and fish warden of 3 ‘the Territory of New Mexico, an oath of office now prescribed by law for territorial officers. It shall be the duty of the game and fish warden of the Territory of New Mexico and of each and every deputy within his county, rigidly and strictly to care for and enforce the provisions of this and all other laws of the Territory of New Mexico for the protection of game and fish of whatsoever kind or description, and _ to institute and cause the institution of prosecutions for any and all violations of such laws, and to that end such game and fish warden and each and every of his deputies within their respective counties as aforesaid, are hereby authorized and re- ‘quired to arrest, or cause [to] be arrested, all violators of such laws, and to lodge - _ accusations against them in a court of competent jurisdiction in the premises; to gather evidence on behalf of the prosecution of such offenders, and to do any and all _ things necessary to the punishment hereunder and under. the laws of the Territory of New Mexico of any violations of this or any other law of said territory on the subject of fish and game and the protection thereof. [Warden or deputies liable to punishment and removal from office for failure to enforce the law. ] _ Approved March 12, 1903. NEW YORK. Laws of 1901, chap. 94. - Commissioner; Deputy; Compensation; Bond: [Src.] 1. The forest, fish and ‘game commission shall, except as in this act otherwise provided, consist of a single z ‘commissioner who shall have all the powers and duties now possessed by such com- Mission or any member or members thereof. He shall be appointed by the governor by and with the advice and consent of the senate within ten days after the passage of this act. The term of office of such commissioner and his successors in office shall be four years, and in case of vacancy in the office, the appointment shall be to fill the vacancy. He shall receive an annual salary of five thousand dollars and the expenses necessarily incurred by him in the discharge of his official duties. Said ‘commissioner shall after January first, nineteen hundred and three, appoint a ‘deputy commissioner who shall receive an annual salary of two thousand five hundred doMars and the expenses necessarily incurred by him in the diacharge of his official ‘duties. During the absence or inability to act of the commissioner, the deputy com- missioner shall have and exercise all the powers of the commissioner. The commis- sioner and deputy commissioner shall each execute and file with the comptroller of the state a bond to the people of the state in the sum of ten thousand dollars with ‘sureties to be approved by the comptroller, conditioned for the faithful performance of his duties and to account for and pay over pursuant to law, all moneys received by him in his office. The commissioner and deputy commissioner shall take and subscribe the constitutional oath of office. The deputy commissioner may be [The other half to be paid into the county treasury for the school fund of she _ county. | - fish and game law, as amended at the date of such compilation, and properly index 214 a terminate upon the appointment and qualification of such commissioner. Laws of 1900, chap. 20. Articute VITI. Office; Secretary; Superintendent of forests; Clerk: [Src.] 154. [Asamended by Laws of 1906, chap. 206.] The commission shall have an office in the capitol at — Albany, * * *. The commission may appoint a secretary and a superintendent of forests and fix their compensation, * * * and such other clerical assistants as - are actually needed. 5 ‘Powers; Duties: [Sxc.] 155. The commission shall have charge of * * * the enforcement of laws for the protection of fish and game and the forests * * * and ~ such other powers and duties as are or may be imposed upon them by law. . Report: [Srec.] 163. [Commission required to report annually to the legislature. ] Compilation of forest, fish and game law: Src. 164. [Added by Laws of 1907, chap. 282.] As soon as practicable after the adjournment of the legislature in each ~ year, the forest, fish and game commissioner shall make a compilation of the forest, the same. Twenty-five thousand copies of said compilation shall be printed in pam- ~ phlet form of pocket size, under the direction of the clerks of the senate and assem- bly, and said clerks shall distribute them as follows: One hundred copies to each senator, fifty copies to each assemblyman, and the balance to the forest, fish and game commissioner for distribution. : ARTICLE IX. Game protectors: [Src.]170. [Asamended by Lawsof 1907, chap. 519.] Thecom- mission shall appoint 75 game protectors. One shall reside in each of the counties of Essex, Clinton, Franklin, Saint Lawrence, Jefferson, Lewis, Herkimer, Hamilton, Warren, and Washington and the next eight protectors shall be appointed from said counties. The protectors and assistant protectors shall hold office during the pleasure of the commissioner and the commissioner shall from time to time designate from the protectors a chief game protector and a first, second and third assistant game protector, two oyster protectors, an assistant oyster protector and a protector for the Saint Lawrence River. The commissioner shall also appoint some proper person to be a special assistant oyster protector who shall reside in the borough of Man- — hattan, City of New York and shall have the same powers, duties and functions as _ the assistant oyster protector hereinbefore provided for. The chief game protector shall have general supervision and control of all inspectors. Bonds: [Src.] 171. [Bond of Chief Game Protector $1,000; other protectors $300. | Compensation: [Src.] 172. [As amended by Laws of 1906, chap. 206.] The chief game protector shall receive an annual salary of two thousand dollars a year — and his actual and necessary traveling expenses while in the discharge of his official | duties, not exceeding one thousand dollarsa year. Any chief game protector who | has served as such for upward of five years may by order of the commissioner receive _ a salary of two thousand five hundred dollars. The first assistant chief protector shall receive one thousand four hundred dollars a year and during such time ashe | shall be required by the commissioner to reside constantly in Albany heshall receive an additional salary at the rate of fifty dollars per month together with his necessary | traveling and incidental expenses while absent from the city of Albany in the dis- § charge of his official duties. The second and third assistant chief protectors shall each receive twelve hundred dollars a year and their necessary traveling and inci- | NEW YORK. | 915 hundred and fifty dollars a year. * * * Other protectors including the special assistant oyster protector, shall receive six hundred dollars a year and an allowance a for expenses not exceeding four hundred and fifty dollars a year. Each of said pro- _ tectors shall receive one-half of the fines and penalties less the expenses of recover- _ing the sum collected in actions brought upon information furnished by him. _ Duties; Powers: [Src.] 173. [As amended by Laws of 1905, chap. 285.] Game _ protectors shall enforce all laws relating to fish and game; all aw s of boards of super- _ visors relating to the same; and shall have power to execute all warrants and search warrants issued for a violation of the forest, fish and game law; to serve a summons q issuing from justices’ court; to serve subpoenas issued for the examination and _ investigation or trial of offenses against any of said laws; to make search where they have cause to believe that fish or game is possessed in violation of law, and without search warrant to examine the contents of any boat, car, box, locker, basket, _ ereel, crate, gamebag or other package, and the contents of any building other than _a dwelling house, to ascertain whether any of the provisions of this act or of any 3 sive for the protection of fish, shellfish, and game have been violated, and to use 4 such force as may be necessary for the purpose of such examination and inspection; _ and with a search warrant to search and examine the contents of any building or dwelling house; to arrest without warrant any person committing a misdemeanor j under the provisions of this act in their presence and take such person immediately _ before a magistrate having jurisdiction for trial. _ Record; Report: [Src.] 174. Each game protector shall keep a daily record of his _ Official acts, and at the close of each month report the same to the chief game pro- _ tector. The salary and traveling expenses of a protector shall not be payable except - upon the certificate of the chief game protector that such protector has made the _ required report and properly performed his duties. Report: [Src.] 175. The chief game protector shall make a monthly report to the - commission of the operation of his department during the precéding month, and _ shall report any negligence or failure to perform duty on the part of any game pro- _ tector, and shall make such further reports as shall be required by the commission. Special game protectors: [Src.] 176. The commission may in its discretion _ appoint a person recommended by a majority of the supervisors of any county or by _ any game club incorporated for the protection of fish or game, as special game pro- q tector. Such special game protectors shall hold office during the pleasure of the - commission and shall have the same powers as game protectors except the right to 4 ‘search without warrant, but shall not receive pay from the state. They shall make peers in the same manner as game protectors. Monroe county protectors: Srcs. 176a-e. [Added by Laws of 1905, chap. - 660. —Four special game protectors shall be appointed for Monroe County, on April first of each year, upon recommendation of the board of supervisors of the county. _ It shall be the duty of such special game protectors to arrest persons found setting, 4 using, or in possession of unlicensed nets or other illegal fishing devices, and to report _ monthly to the forest fish and game commission and to the board of supervisors _ of Monroe County the number of nets captured, and arrests made, together with _ result of trials, and statement of expenses and disbursements. ] _ Peace officers: [Src.] 177. Peace officers shall have the same powers as game _ protectors under this act, except the right of search without warrant. E Disposition of nets, etc.: [Smc.] 178. [As amended by Laws of 1905, chap. _ 657.] Nets, pounds or other devices unlawfully had, set or used in or upon any of _ the waters or islands of this State, for the purpose of taking fish or game in violation of this act, are hereby declared to be public nuisances and shall be summarily _ destroyed and abated by any game protector, or may be by a private person; pro- g vided, however, that the forest, fish and game commissioner may direct a game “916 GAME COMMISSIONS AND WARDENS. protector to retain certain nets or seines for the use of the State fish hatcheries. No a action for damages shall be maintained for such seizure, retention or destruction. @ ARTICLE X. Actions; Counsel; Attorney: [Src.] 185. [As amended by Laws of 1906, chap. 199.] Actions for penalties for a violation of the forest, fish and game provisions of this act shall be in the name of the people of the State of New York; and must be brought on the order of the commissioner. The forest, fish and game commissioner may employ necessary counsel in the office of the forest, fish and game commission, and may likewise designate and appoint an attorney or attorneys to represent -the department in the prosecution or defense of any action or proceeding brought under the provisions of the forest, fish and game law. They shall be paid by the state treasurer on the warrant of the comptroller such compensation as shall be agreed upon by the forest, fish and game commissioner. Such actions may be discontinued by order of the court on the application of the commissioner upon such terms as the ‘court may direct. Such actions if in justice’s courts, may be brought in any town of the county in which the penalty is incurred or of the county in which the defendant resides. _ Recovery: [Sec.] 186. [As amended by Laws of 1905, chap. 285. Provides that in successful actions for recovery of penalties the State shall recover costs, witness fees and other disbursements]. Disposition of moneys; Fees: [Sxc.] 187. Moneys recovered in an action for a ‘penalty, or upon the settlement or compromise thereof, and fines for violations of this act shall be paid to the commission who shall apply so much thereof as may be necessary to the payment of the expenses of collection except attorney fees, and shall on the order of the commissioner pay one-half of the balance to the game protector or fire warden, upon whose information the action was brought. Action by private person or society: [Src.] 188. [As amended by Laws of 1907, chap. 96.] Asprivate person, on giving security for costs to be approved by a judge of the court in which the action is brought and any society or corporation for the pro- tection of fish or game, may recover in his or its name any penalty imposed by this act for a violation of the fish and game provisions thereof, and shall be entitled in case of collection, to one-half of the recovery; the balance shall be paid to the com- mission. Notice of the commencement of such an action shall be given to the commissioner or the chief game protector within fifteen days after the service of the summons therein, and failure to give such notice shall be a defense to the action. If after the commencement thereof an action be brought for the same penalty in the name of the people, an order shall be entered on the application of the chief game protector or of a commissioner for the discontinuance of such action without cost to either party. Motion papers in such an application shall be entitled in both actions. Execution: [Src.] 189. Judgments recovered under this act may be enforced by execution against the person. A person imprisoned upon such an execution shall be confined for not less than one day, and at the rate of one day for each dollar recovered. No person shall be imprisoned more than once or for more than six months on the same judgment. Imprisonment shall not operate to satisfy a judg ment. Jurisdiction: [Sxc.] 190. Courts of special sessions and police courts in towns and villages, and the several courts in cities having jurisdiction to try misdemeanors as provided by section fifty-six of the code of criminal procedure, shall in the first instance have exclusive jurisdiction of offenses committed under this act, and the jurisdiction of said courts shall extend to all such offenses committed in the county where the court sits. A warrant shall be returnable before the magistrate issuing the same. 4See Lawton v. Steele (N. Y.), 152 U. S., 183; 148. C., 499. Vice ets yea) aS, RED I et We ee ele Rae ial td ee Ore ae RN ae , 2 Dae ws | ieee eae, lene ay Mae wea Nas) . “ r Dorie Gara} : NEW YORK—NORTH CAROLINA. 217 ; it dge, judge of a city court or magistrate having criminal jurisdiction, shall if it _ appear probable that fish or game taken or possessed contrary to the provisions of this act, is concealed, issue a search warrant for the discovery thereof, according to - the practise provided in sections 794 to 797 inclusive of the code of criminal procedure. - Incriminating evidence: Ssc. 193. [As amended by Laws of 1903, chap. 353.] Dx person shall be excused from testifying in any civil or criminal action or proceed- ing taken or had under this act upon the ground that his testimony might tend to convict him of acrime. But no evidence derived from the examination of such per- son shall be received against him upon a criminal prosecution. A person called for _ the people and so testifying shall not thereafter be liable to indictment or conviction a the violation or violations of this act respecting which he has so testified, and 4 _ mnay plead or prove the giving of such testimony in bar of such an indictment or con- _ viction. _ Prima facie evidence: Suc. 4. [As amended by Laws of 1906, chap. 478.] Wild _ deer or venison shall not be possessed or sold from November 25 to September 30 _ both inclusive. Possession thereof from midnight of the fifteenth to the twenty- - fourth of November shall*be presumptive evidence that the same was unlawfully _ taken by the possessor. _ Prima facie evidence; Killing dogs: Src. 9. [As amended by Laws of 1901, _ chap. 545. Prohibits hounding deer.] lf any such dog or bitch be found hunting, _ pursuing or killing deer or running at large in forests inhabited by deer, it shall be _ presumptive evidence of a violation of this section by the person owning, using, | having or harboring such dog or bitch. Any person may, and it is the duty of every _ game protector to kill a dog or bitch found in the Adirondack park or in a deer forest, or pursuing deer and no action for damage shall be maintained against a person for such killing. _ Destroying nets, etc.: [Sxc.] 35. [Prohibits trapping, netting, or snaring birds. ] __ Any such net, trap or snare is declared to be a public nuisance, and may be summa- _ rily abated and destroyed by any person and it is the duty of every protector to seize _ and destroy any such device. NORTH CAROLINA. Revisal of 1905, chap. 40, p. 564. Incorporation of Audubon Society: [Sxrc.]1862. J. Y. Joyner, T. Gilbert Pearson, y pe. H.Lewis, A. H. Boyden, H.H. Brimley, P. D. Gold, Jr., J. F. Jordanand R. N. Wil- son are hereby created a bailey politic and corporate ania the name and style of the ~ Audubon Society of North Carolina, and by that name and style they and their asso- 3 ciates and successors shall have perpetual succession, with power to take and hold, either by gift, grant, purchase, devise, bequest or otherwise, any real or personal estate, not exceeding fifty thousand dollars in value, for the general use and advance- - ment of the purposes of the said corporation, or for any special purpose, consistent _ with the charter; and such property shall be exempt from taxation; to make rules _ and by-laws; to have and to use acommon seal, and to change the same at pleasure; and to do and perform all such acts and things as are or may become necessary for _ the advancement and furtherance of the corporation. ‘Officers: [Sxc.] 1863. The officers of said corporation shall be a president, vice- _ president, secretary and treasurer, and such other officers as may be fixed by the by-laws. Objects: [Sxc.] 1864. The objects for which the corporation is formed are to pro- _ mote among the citizens of North Carolina a better appreciation of the value of song _ and insectivorous birds to man and the state; to encourage parents and teachers to _ give instruction to children on the subject; to stimulate public sentiment against the 218 GAME COMMISSIONS AND WARDENS. destruction of wild birds and their eggs; to secure the enactment and enforcement _ of proper and necessary laws for the protection and preservation of birds and game 4 of the state; to provide for the naming of special officers and investing them with necessary power, who shall work under the direction and control of the Audubon Society of North Carolina, looking to the rigid enforcement of the game and bird protective laws of the state; to distribute literature bearing on these topics among the members of the society and other persons, and to raise and provide funds for defraying the necessary expenses of the society in the accomplishment ef the pur- poses herein named. Treasurer; Wardens: [Src.] 1867. The Governor, upon the recommendation of the Audubon Society of North Carolina, shall, from time to time appoint bird and _ game wardens, and the treasurer of the society, whose terms of office, unless other- wise provided for, shall be during good behavior or until their successors are appointed. The governor shall issue to the treasurer of the Audubon Society, and to each person appointed as warden, a commission, and shall transmit such commis- sion to the clerk’s office of the superior court for the county from which the pros- pective treasurer or bird and game warden is appointed; and no tax or fee shall be charged or collected for said commission. Any of the sald wardens may be removed by the governor upon proof satisfactory to him that they are not fit persons for said position. The compensation of said wardens shall be fixed and paid by the said society. Oath; Bond; Badge: [Sxc.] 1868. Every person appointed as warden shall, before entering upon the duties of his office, take and subscribe before the clerks of the superior courts of the county in which he resides an oath to perform the duties of said office, together with the other oaths prescribed for police officers, and execute a bond in the sum of one hundred dollars for the faithful discharge of his duties, and the said oath and bond shall be recorded by the clerk in his office, and the wardens so qualified shall possess and exercise all the powers and authority held and exercised by the constable at common law and under statutes of this state. The clerk shall not charge more than fifty cents for taking and recording said oath. The bird and game wardens, when acting in their official capacity, shall wear in plain view a metallic shield with the words ‘‘ Bird and Game Warden”’ inscribed thereon. Search; Prosecution; Enforcement: [Ssc.] 1869. Duly appointed and qualified game and bird wardens shall, upon making an affidavit before a justice of the peace or any court of the state that there exists reasonable grounds to believe that any game or birds are in the possession of any common carrier in violation of the law, be entitled to a search warrant and to open, enter and examine all cars, warehouses and recep- tacles of common carriers in the state, where they have reason to believe any game or birds that have been taken or are held in violation of the law are to be found, and to seize such game or birds. It shall be the duty of said game and bird wardens to prosecute all persons or corporations having in their possession any bird or game contrary to the bird and game laws of this state. It shall be their duty to see that the bird and game laws are enforced and to obtain information as to all violation of said bird and game laws: Provided, that in Currituck county it shall be the duty of said wardens to also see to the enforcement of all laws relating to fishing in said county. Contraband game; Disposition: [Src.] 1870. Any bird or animal caught, taken, - killed, shipped, or received for shipment, had in possession or under control by any person or corporation contrary to the provisions of law, which may come into the possession of the bird and game warden, shall be sold at auction, and-the bird and game warden disposing of the same shall issue a certificate to the purchaser certify- ing that the said birds or animals were legally obtained and possessed, and any one so acquiring said birds or animals can have the right to use them as if the same had been sold, killed or possessed in accordance with the law. The money received NORTH CAROLINA—-NORTH DAKOTA. 219 m the sale of such confiscated birds or game shall be forwarded by the game war- to the treasurer of the state and be placed to the Ais Dielias of the Bird and Game nd. Bird and game fund: [Ssxc.] 1871. The funds received by the treasurer of the _ state from the license tax on nonresident hunters shall constitute a fund known as the Bird and Game Fund, which fund shall be paid out by the treasurer of the state on the order of the treasurer of the Audubon Society of North Carolina, who shall nake an annual report to the governor of the receipts and expenditures of the ociety for the year. Revisal of 1905, chap. 81, p.1026. at ‘Exemption of witnesses: [Src.] 3462. * * * When more persons than one re engaged in committing the offense of fire-hunting, any one may be compelled to give evidence against all others concerned; and ‘the witness, upon giving such information, shall be acquitted and held discharged from all penalties and pains to | which he was subject by his participation in the offense. This section shall not. apply to Currituck county. | c Separate offense: [Sxec.] 3469. * * * Each day’s hunting without license shall be a separate offense. _ Prima facie evidence: [Src.] 3471. * * * The reception by any person or ‘corporation within the state of any such birds or game [captured within the state] for ‘shipment toa point beyond the limits of this state, shall be prima facie evidence that said birds or game were killed within the state for the purpose of conveying aine beyond its limits; but the provisions of this section shall not apply to the com- on carriers into whose possession any of the birds mentioned in this section shall come in the regular course of their business for transportation while they are in transit through the state from any place without the state. NORTH DAKOTA. Revised Codes of 1899; Political Code, art. 11, p. 462. _ Districts; Wardens; Bond; Deputies: Sxc. 1642 [As amended by Laws of | 1903, chap.103.] This state shall be divided into two game districts. [District No. 1, . comprises approximately that part of the state north of the 12th standard parallel. District No. 2, that part south of the parallel.] There shall be appointed by the “governor i in mth of said game districts a game warden, who shall be known as the x district game warden, and whose term of office shall be two years, commencing on the first Tuesday in April next succeeding his appointment and until his successor is appointed and qualified. He shall give a bond to be approved by the governor, a the sum of one thousand dollars, conditioned for the faithful performance of his duties. Itis the duty of the district game wardens to superintend and aid in the enforcement of all laws of this state for the preservation of game therein. The dis- trict game wardens shall appoint deputy game wardens in the counties of their respective districts as follows: In each county having less than three thousand - inhabitants, one deputy; in each county having more than three thousand inhabit- — ants and not less than seven thousand inhabitants, two deputies; in every other county three deputies, and special deputies wherever and whenever they deem it advisable. Every deputy shall be an elector of the county for which he is appointed, and shall hold office at the pleasure of the district game warden, or until disqualified _ for any reason. _ Production of license: Suc. 1643. [License to hunt subject to inspection of any _ person on demand. ] _ Disposition of license fees: Sec. 1646. [As amended by Laws of 1903, chap. -103.] Twenty per cent of all money received from the sale of permits [to hunt] shall ~ 220 GAME COMMISSIONS AND WARDENS. be paid over to the state treasurer by the county auditor of each county on the first _ day of December of each year, and shall be placed in the state general fund. Thirty per cent shall at the same time be paid over to the district game warden by the 4 county auditor of each county within his district, and shall be in full payment for his services. Forty per cent shall at the same time be paid over to the deputy game _ warden of the county, or when there is more than one, be divided equally between them, and shall be in full payment for their services, and the remaining ten per cent shall be retained by the county auditor for his personal services. And the county auditor of every county shall at the same time file with the state auditor a full report of all resident and non-resident permits issued by him during that year. Powers; Duties; Arrest; Fees: Src. 1647. [As amended by Lawsof 1903, chap. 103.] For the purpose of enforcing the laws of this state for the protection of game, the district game wardens and their deputies shall have all the powers conferred by law upon constables. It shall be the duty of each deputy game warden diligently to inform himself of all violation of such laws and to prosecute the same, and to arrest the party so violating them with a warrant sworn out before any justice of the peace of the county in which the offense is committed, said warrant to be issued as pro- vided in section 7891 of the revised codes. If caught in the violation thereof at the time of his arrest, a party may be arrested therefor without a warrant, when he shall be at once taken before a court having jurisdiction of the offense, and a warrant issued, when the same proceedings shall thereafter be had as if a warrant had been issued before his arrest, but no person shall be arrested without a warrant for any such violation when not engaged in such violation at the time of his arrest. Upon any conviction had for any violation of the provisions of this act, there shall be paid to the deputy making the arrest such fees as are allowed constables for services in like cases, to be taxed and collected as a part of the costs in the case. Penal Code, chap. 72, p. 1533. Seizure; Search: Src. 7683a. [Asamended by Laws of 1903, chap. 103.] Itshall be the duty of district game wardens and their deputies, and all peace officers of this state, at any and all times to seize and take possession of any and all animals or birds which have been caught, taken, killed, shipped or received for shipment, had in z possession or under control contrary to the provisions of the laws of this state. Such seizure may be made without a warrant. Any court having jurisdiction of the offense upon receiving by oath or affirmation [proof] of probable cause for belief in conceal- ment of any birds or animals caught, taken, killed, shipped or received for shipment, had in possession or under control contrary to the provisions of the laws of the state, shall issue a search warrant and cause a search to be made therefor in any place particularly described in said warrant, and to that end may cause any building, inclosure or car to be entered and any apartment, chest, box, locker, crate, basket or package to be broken open and the contents thereof examined. Deputy game wardens and all peace officers taking or seizing any such animals or birds shall at once report the facts attending the same to the district game warden, and shall at his request turn the same over to him. After such taking such animals or birds shall be subject to the direction and ‘control of the district game warden and shall be considered in his possession. ; Contraband game; Disposition: Src. 7683b. [As amended by Laws of 1903, chap. 103.] Any animals or birds caught, taken, killed, shipped or received for ship- ment, had in possession or under control contrary to the provisions of the laws of this state, which may come into the possession of the district game warden, either directly or through any deputy or peace officer, shall be sold or disposed of within this state, and the district game warden may issue a certificate to the person purchasing, certifying that the same were iegally obtained and possessed, and anyoneso acquiring iol cab Ns pele Magical gata a od SRC eB ena De Ni ee bk Bh a ae are CE ae OR Rt Joe fy ROR, ene % f NORTH DAKOTA—OHIO. DOr e within this state shall have the right to deal therewith as if the same had been led or possessed in accordance with the laws of this state. The deputy game _ warden or peace officer making such seizure shall be entitled to two-thirds of the _ proceeds of the sale of any of the animals or birds sold or disposed of as herein pro- vided, and the district game warden shall be entitled to one-third of the proceeds of such sale. _ Resistance to officers: Src. 7683c. Whoever shall resist or obstruct any of said divers by threat or otherwise, in the discharge of their duties under this chapter, shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not less than twenty dollars nor more than fifty dollars and the costs of pros- -ecution, or by imprisonment in the county jail not less than ten days nor more than thirty days, or by both such fine and imprisonment. Propagation: Src. 7683e. The commissioners of any county may expend not to exceed the sum of one hundred dollars per annum for the purpose of propagating game or fish, when it shall appear to them that such an expenditure would be bene- | ficial to the county. a Indians: Src. 7683f. [As amended by Laws of 1903, chap. 103.] Itshall be unlaw- ful for any Indian who is a ward of the United States government to hunt on any lands within this state at any time, except upon such lands as are known to be Indian reservation lands. It shall be the duty of the district game wardens, their _ deputies and all peace officers of this state, to arrest any Indian found hunting in violation of this act. It shall be the duty of the state’s attorney in any county _ within this state to prosecute any Indian so arrested under the provisions of this act, and upon conviction such Indian shall be deemed guilty of a misdemeanor and be | punishable by a fine of not less than twenty dollars nor more than fifty dollars, or _ may be imprisoned in the county jail not less than ten days nor more than thirty days, or may be subjected to both such fine and imprisonment; provided, that the | provision of this section shall not apply to any Indian who takes out a permit to _ hunt, as provided for other persons. OHIO. Laws of 1904, p. 463. Game commissioners: Szrc. 1. That the governor, by and with the advice and consent of the senate, shall appoint five commissioners of fish and game, of whom “not more than three shall belong to any one political party, one commissioner to serve for one year, one for two years, one for three years, one for four years, and one for five years, and at the expiration of the term of office of each member of the com- mission his successor shall be appointed for five years, who shall severally hold their “office for five years, any one of whom may be removed by the governor at his pleasure; provided that the commissioners of fish and game serving as such at the date of the passage of this act shall serve out their respective terms unless sooner removed by the governor. _ Bond: Sec. 2. [Each commissioner required to give a bond of $2,000 for faithful _ performance of duties. ] _ Expenses: Src. 3. The commissioners shall serve without compensation, but they shall be entitled to be paid all their expenses while engaged in the discharge of their ‘duties, which expenses shall be paid to them on their own certificates, severally. _ Powers; Duties: Src. 4. The commissioners of fish and game shall be, and are hereby vested with complete control and authority in all matters pertaining to the _ protection, preservation and propagation of song and insectivorous birds, game birds, game animals and fish within the State and in and upon the waters thereof. It shall _be the duty of the commissioners to enforce, by proper legal action and proceeding, the laws of the State relating to the protection, preservation and propagation of song and insectivorous birds, game birds, game animals and fish, and to carry into et all such measures in this behalf that they deem necessary so far as means Are pl at their disposal for these purposes. Pers Chief warden; Deputy and special wardens; Bond; Compensation: Sina: 5. " The commissioners shall, at their annual meeting in January, or at such time as they deem proper, appoint a chief warden who shall hold his office for two years, unless is sooner removed by the commissioners. They may also appoint such number of — deputy state wardens as in their judgment are necessary. They may also appoint ¢ special wardens, when in their judgment they deem it necessary, who shall hold — their office for such time as the commissioners may direct, and who shall possess the _ same powers and perform the same duties as deputy state wardens, and they may receive such compensation for their services as the commissioners deem proper. The deputy state wardens shall hold their offices for two years unless sooner removed by the commissioners. The chief warden, special wardens and deputy state wardens — shall, before entering upon the discharge of their duties, each give a bond to the State of Ohio (the chief warden in the sum of two thousand dollars, the special wardens five hundred dollars, and the deputy state wardens in the sum of two hundred dol- lars), conditioned upon the faithful discharge of their respective duties, which bonds shall be approved by and be deposited with the commissioners. The commissioners may allow the chief warden a salary not to exceed fifteen hundred dollars per annum, and, in addition, his expenses (not exceeding one thousand dollars) incurred in the discharge of hisduties. The salary and expenses of the chief warden, and the salaries and expenses of the special wardens, shall be paid out of the fund appropriated for the use of the commissioners. In addition to any other compensation, each warden shall be entitled to any fees which he may earn, which fees shall be the same as are paid sheriffs for similar services in criminal cases. The commissioners may also direct that any fines collected under prosecutions begun by any deputy state warden shall be paid to such warden by the officer before whom the prosecution is had, or by whom the fine is collected; and, in addition thereto, may pay them such further compensation, out of any moneys appropriated for such purposes, as they may deem proper. Powers; Duties; Peace officers; Prosecuting attorney: Src. 6. It shall be the duty of the chief warden, special wardens, and deputy state wardens to enforce the provisions of this act, and within this state, all laws relating to the protection, preservation and propagation of birds, fish and game. The chief warden shall, under the direction of the commissioners, visit all parts of the state and direct and assist the special wardens and deputy state wardens in the discharge of their duties. Each warden shall have full power to execute and serve all warrants and process of law issued for, in connection with, or growing out of the enforcement of any law relating to the protection, preservation or propagation of birds, fish and game, in the same manner and to a like extent, that any sheriff or constable may serve and exe- cute such process; they may arrest on sight and without a warrant, any person detected by them in the act of violating any such laws; they shall have the same right as sheriffs to require aid in executing any process, or in arresting without proc- ess any person found by them in the act of violating any of said laws; and they shall have authority to seize without process, any birds, fish or game then found in the possession of any such person, which is so in possession contrary to law, together with the guns, nets, seins, boats, traps, or other devices with which the same were taken or killed, or used in taking or killing, and forthwith convey such offender beforea court or magistrate haying jurisdiction of the offense, who shall, upon the filing by the warden of a proper complaint, proceed speedily to try and determine the truth of the charge. Such arrest may be made on Sunday, in which case the offender shall be taken before such court or magistrate who may require bond for his appearance at the time fixed for the hearing of the complaint, which complaint shall pt! ale Ys ' Pee 2 SAR te ee ee ab,” eae Oe eee Da SE ee eee | , am eek nb ne See ee Ge. rn ae ? Dy y . ey, eee | | 223 be heard as soon as practicable on a week day following the arrest. In case the offender fails to give bond for his appearance (if any bond be required) the court may order him committed to the jail of the county, or to some other suitable place until the time set for the hearing of the complaint. Such prisoner or prisoners shall be received by the jailor or officer in charge of the place designated by the court or magistrate. It shall be the duty of all sheriffs, deputy sheriffs, constables and other police officers, to enforce all laws relating to the protection and propagation of birds, fish and game, and in their enforcement they shall have the same powers as are conferred upon the warden, and they shall be entitled to like fees for similar services. Prosecution by the wardens, or other police officers for offenses not - committed in their presence, shall be executed [instituted] only upon the approval of the prosecuting attorney of the county in which the offense is committed, or under the direction of the attorney general; and for his services the prosecuting _ attorney shall receive twenty per cent. of all fines assessed and collected upon prose- - cutions conducted by him. Seizure of guns, ete:; Lien; Replevin: Src. 7. Any gun, net, seine, boat, trap or other device whatever used in the unlawful taking, catching, or killing of birds, _ fish or game, is hereby declared to be a public nuisance and shall, upon lawful seiz- ure by any warden or police officer, be deemed forfeited to the state; and it shall be _ the duty of every warden or other police officer, to seize any such property and insti- 4 tute proceedings for its forfeiture, as provided in section eight of this act. When any such gun, net, seine, boat, trap or other device is seized and condemned, as pro- _ vided in the next succeeding section hereof, the cost of such proceeding shall be _ adjudged against the owner or the user thereof at the time of the seizure, if known, ~ which judgment shall be the first lien upon his property, and against which lien no _ exemption can be claimed. When a seizure of any such property has been made no _ writ of replevin shall lie to take it from the custody of the officer seizing it, or from _ the custody or jurisdiction of the court before whom such proceeding is pending, but such property shall be held by such officer or court to await the final determination _ of such proceeding; and such proceeding shall in no wise affect or bar a criminal _ prosecution of the person so using such property in violation of law. Forfeiture proceedings; Sales: Src. 8. When any gun, net, seine, boat, trap or other device is seized as provided in section seven of this act, it shall be the duty _ of the warden or other officer seizing it, to safely keep such property in his posses- - gion, or under his control, and to institute, within three days, in the proper court of the county wherein such property is seized, proceedings for its condemnation and _ forfeiture. Such proceedings shall be instituted by the filing of an affidavit, describ- _ ing the property seized, setting out the unlawful use to which it was found put, giv- ing the time and place of seizure, and setting out, if known, the name of the person owning, or using the same, at the time of seizure, and if such person be unknown, _ such fact shall be stated. The court before whom such affidavit is filed shall there- 4 upon issue a summons setting out the facts alleged in the affidavit, and stating the time and place when the cause will be for hearing, a copy of which summons shall be served upon the owner, or person using the property at the time of [its] seizure (if he be known) personally, or by leaving a copy thereof at his usual place of resi- _ dence, or business, if in the county, at least three days before the hearing of the com- _ plaint. Ifsuch owner or user be unknown, or if he be a non-resident of the county, or can not be found therein, a copy of the summons shall be posted up at a suitable place nearest the place of seizure, and copy mailed him (if his address be known) at least three days before the time set for the hearing of the complaint. The officer making such service shall makea return on the day set for the hearing, of the time and manner of making such service. The court may postpone the hearing upon a proper _ showing by either party, for such reasonable time as may be necessary. Upon the hearing, proceedings shall be had as provided in section nine of thisact. If the court ore eg Oe er es Dee =_ ie 994 GAME COMMISSIONS AND WARDENS. or jury shall find, by a preponderance of the evidence, that the property at the time | | of its seizure, was being used in violation of law, the court shall adjudge the property — 5 forfeited, and shall render judgment against the owner or user thereof, for the costs, and shall order the property turned over to the commissioners of fish and game, to — be by them sold at such time and place as they shall deem best, and the proceeds _ thereof covered into the state treasury as provided by law. Butifthe court orjury — shall find that the property, at the time of its seizure, was not being used in violation of law, the court shall order the property released. A writ of error may be prose- cuted by the officer or person filing the complaint, or by the owner or user of the property seized, to review the judgment and order of the court in forfeiting the prop- erty, or in ordering its release, to the court of common pleas, circuit court, and supreme court, in the same manner as writs of error are prosecuted in other civil causes. But if the owner or person so unlawfully using the property at the time of sa seizure shall be arrested and shall plead guilty, and shall confess that the property seized was, at the time of its seizure, being used by him in violation of law, in such case it shall not be necessary to institute a proceeding to forfeit the same, but the court before whom the offender has pleaded guilty, shall, in imposing sentence, further order and adjudge that the property so seized be forfeited to the State. Jurisdiction; Procedure; Costs: Src. 9. Any justice of the peace, mayor, or police judge, within his county, shall have final jurisdiction in all prosecutions for the violation of any of the provisions of this act or of any law enacted for the protection, preservation, or the propagation of birds, fish, or game, and shall have like jurisdic- tion in all proceedings brought for the condemnation and forfeiture of any property used in the violation of any stich law. If in any such prosecution, or condemnation proceeding, the defendant shall demand a trial by jury, the court before whom the prosecution or the proceeding is pending shall issue his venire to any warden or con- stable of the county, containing the names of sixteen electors of the township, city, or village, for which such court was chosen as such officer, to serve as jurors upon the hearing of such prosecution or proceeding, which officer shall promptly execute the same and make due return thereof to the court. If such venire be exhausted without obtaining the required number of jurors to fill the panel, the court may direct the warden, or the constable, to summon any of the bystanders, or to bring in other persons, to act as jurors. Provided, That if the defendant consent in writing (which shall be entered of record), he may be tried by a jury composed of six persons, in which case the venire need not contain the names of more than ten electors. Each party shall be entitled to two peremptory challenges, and to such other challenges of jurors for cause as are permitted in criminal cases in the court of common pleas. In criminal prosecutions like proceedings shall be had as in erimi- nal cases in the court of common pleas; and in condemnation proceedings, like pro- ceedings shall be had as in civil cases in the court of common pleas. In all prosecu- tions and condemnation proceedings for the violation of any law enacted for the protection, preservation or the propagation of birds, fish, or game, no cost shall be required to be advanced, secured, or paid by, or bond or undertaking required of, any person whose duty it is under the law, to prosecute such cases or proceedings. And if the defendant be acquitted, or if convicted and committed in default of pay- ment of fine or costs, or if the property seized be released, the costs in such cases shall be vertified under oath to the county auditor who, after correcting the same, if found incorrect, shall issue his warrant on the county treasurer in favor of the person or persons to whom such costs and fees are due, and for the amount due each person respectively. Prima facie evidence; Corporations; Conviction; Fines, etc.: Src. 10. The finding of any gun, net, seine, boat, trap or other device set, maintained, or in use, in violation of any law relating to the protection, preservation or propagation of birds, fish or game, shall be prima facie evidence of the guilt of the person owning, er OP NC bees oF) ye i NS ek itn ann iia hy ea oh sare 3 TRE ans, ie e: P : ‘ ; ee ene oa 225 Sor using or making claim to the same; and the finding of any birds, fish, or game, unlawfully in the possession of any person, shall be prima facie evidence of the guilt ‘ofsuch person. * * * Whenever any affidavit shall be filed and warrant issued . against any corporation for the violation of any of the provisions of this act or any law for the protection, preservation or propagation of birds, fish or game, a summons _ shall be issued, directed to the sheriff, constable or warden, commanding said officer to notify the accused thereof, and returnable on or before the tenth day after its date; such summons, together with a copy of the warrant, shall be served and returned in the manner provided for the service of summons upon such corporations in civil actions; the corporation on or before the return day of the summons, may appear by any one of its officers or by council and answer the warrant by motion, demurrer or plea, and upon its failure to make such appearance and answer, a plea of ‘‘not guilty’’ shall be entered, and upon such appearance being made or plea entered, the corporation shall be deemed thenceforth continuously present in court until the case is finally disposed of. In every case of conviction, the cost of prose- - eution, and of condemnation shall, in addition to the fine imposed, or forfeiture _ declared, be adjudged against the person convicted, or the owner or user of the _ property condemned. Whenever, upon conviction, the person convicted fails to pay _ the fine and costs imposed upon him, or execution issued is returned unsatisfied, he _ be kept confined one day for each one dollar fine and costs adjudged against him, and he shall not be discharged or released therefrom by any board or officer, except _ upon payment of the portion of the fines and costs remaining unserved, or upon the order of the commissioners of fish and game. All fines, penalties, and forfeitures _ arising from prosecutions, convictions, confiscations, or otherwise (unless otherwise _ directed by the commissioners of fish and game) shall be paid by the officer before whom the prosecution is had or by whom the fine is collected, to the president of _ the commissioners of fish and game, and by him paid into the state treasury to the _ credit of the fund which is hereby appropriated for the use of the commissioners. _ Search; Seizure: Src. 11. Every warden, sheriff, deputy sheriff, constable, or _ other police officer, may inspect any package, parcel, box, coat or clothing, or other receptacle, in the possession of any person, which the said warden shall have good _ reason to believe contains birds, fish, or game killed, taken, or had in possession in violation of law; and to inspect any room, building, car, boat, or other place wherein birds, fish, or game are kept for sale, or which he has good reason to believe contains birds, fish or game, killed, taken, or had in possession in violation of law. If the person in whose custody or possession such package, parcel, box, coat or clothing, or other receptacle may be, or the owner or person in charge of any such room, building, car, boat, or other place refuse to permit such inspection, upon demand _ made by the warden, the warden shall have the power after having made, or with- _ out making such demand, upon filing an affidavit in accordance with the provisions of section 7121 Revised Statutes before an officer having jurisdiction of the offense, and receiving a search warrant issued thereon, to forcibly open and inspect any such _ package, parcel, box, coat or clothing, or other receptacle, or room, building, car, boat or other place, and if he shall find therein any birds, fish, or game, unlawfully _ in the possession of any person, he shall forthwith seize the same, and the same shall escheat to the state, and arrest the person in whose custody or possession the same is found. . _ Separate offense; Prima facie evidence: Src. 16. [Fixes seasons for rabbits, _ squirrels, and raccoons, and prohibits sale or transportation of squirrels. ]* And each squirrel so killed, taken, had in possession, received for transportation, or trans- _ ported, contrary to the provisions of this section, shall constitute a separate offense. The reception by any person within this state of any squirrel for shipment to a point = re ~ _ shall be committed to the jail of the county or to some workhouse and shall there 226 GAME COMMISSIONS AND WARDENS. without the state, shall be prima facie evidence that they were killed within hi state for the purpose of conveying the same beyond its limits. * * * a Separate offense; Prima facie evidence: Szc. 18. [Prohibits purchase, sale or Y possession of game birds in close season, transportation beyond the state, or kills ing for such purpose.] And each bird or fowl, so killed, taken, had in possession, _ received for transportation, or transported, contrary to the provisions of this section, __ shall constitute a separate offense. 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 they were killed within this state for the purpose of con- veying the same beyond its limits. * * * Licenses; Production of license; Separate offense: Src. 22. [Provides for nonresident license of $15.] The commissioners of fish and game may revoke license of a nonresident upon satisfactory proof that such person has hunted in violation of law; and no license shall be granted to a person whose license has been revoked for a period of one year thereafter. The clerk of courts shall keep a record of each license issued, and shall make a report to the commissioners of fish and game, during the month of December, in such form as they shall require of the number of licenses issued, and shall transmit, with such report, to the president of the commissioners of fish and game, the moneys received during the hunting season, which moneys shall be paid into the state treasury to the credit of a fund, which is hereby appro- priated for the use of the commissioners of fish and game. Every such nonresident person shall, when hunting, carry with him his license, and shall, upon demand, exhibit it to any warden or police officer. and a refusal to so exhibit his license shall constitute an offense under this section. The record of licenses kept by the clerk of courts shall be open at all reasonable hours to the inspection of any person. Each day that any nonresident person shall hunt, within this state, without first having procured the license herein required, shall constitute a separate offense. Approved April 26, 1904. OKLAHOMA. Wilson’s Revised and Annotated Statutes, 1903, Chap. XXXVIII, p. 755. Game and fish warden: (3084) [Sxc.] 16. It shall be the duty of the Governor to appoint some person, a resident of this Territory, Game and Fish Warden. Said Warden shall hold his office for four years, or until his successor is appointed and qualified, unless removed for cause or at the will of the Governor; and that said Game Warden shall serve in such capacity without compensation, except as pro- vided in this Act. Duties; Proceedings: (3085) [Snc.] 17. It shall be the duty of said Game and Fish Warden * * * to enforce the laws applicable to game and fish, and for the preservation of all game and fish as provided by this Act and which may hereafter become the law of this Territory, or be enacted, and to bring or cause to be brought, and to prosecute or cause to be prosecuted, actions and proceedings in the name of this Territory to punish any person for the violation of said statute laws of this Territory: Provided, That such actions and proceeding may be brought in the name of the Territory in like cases, in the same courts and under the same circumstances by any individual or by the county attorney of the several counties: And, provided further, That no bond shall be required for costs from any person making such complaint. Action; Search; Prima facie evidence; Seizure; Woalinnlaieet (3086) [Sxc. ] 18. That the Game aad Fish Warden may nate complaint and cause proceedings to be commenced against any person for the violation of any of the laws for the protection or propagation of game or fish without the sanction of the county attorney of the county OR edna yee d DoT in Satiich such proceedings are commenced, and in such case he shall not be obliged +t © furnish security for cost. Said Warden may also appear for the Territory in any _ court of competent jurisdiction in any case for violation of any of the laws for the pro- - tection or propagation of fish and game, and prosecute the same in the same manner 4 and with the same authority as the county attorney of the county in which the proceedings are commenced. Said Warden shall have power to search any person _ and examine any boat, conveyance, vehicle, fish box, fish basket, game bag or game coat or any other receptacle for game or fish when he has good reason to believe _ that he will thereby secure evidence of the violation of the law: and any resistance, - hindrance or interference or attempt at resistance, hindrance or interference with such search and examination shall be prima facie evidence of a violation of the law _ by the party or parties who resist, hinder or interfere with or attempt to resist, hinder or interfere with such search or examination. That said Game Warden shall at any and all times 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 of the laws q of this Territory, and such seizure may be made without a warrant. Any court a having jurisdiction of the offense, upon receiving proof or probable cause for believing in the concealment of any bird, animal or fish, caught, taken, killed, had in possession, a under control, or shipped contrary to any of the laws of this Territory, shall issue a - search warrant and cause a search to be made in any place, and to that end may _ cause any building, enclosure or car to be entered, and any apartment, chest, box, | locker, crate, basket or package, to be broken open and the contents thereof | b examined by said Game and Fish Warden. All birds, animals or fish, or nets or y fishing appliances or apparatus seized by the same Game and Fish Warden shall be | disposed of in such manner as may be directed by the court before whom the offense | is tried or by any court of competent jurisdiction. Said Game and Fish Warden shall not be liable for damages on account of any search, examination or seizure, or _ the destruction of any nets or fishing apparatus of any kind, in accordance with the _ provisions of this Act. _ Criminal process; Arrest; Sunday; Compensation: (3087) [Src.] 19. Said _ Game and Fish Warden shall have the same power to serve criminal process as sheriffs, and shall have the same right as sheriffs to require aid in executing such _ process. Said Warden may arrest without warrant any person caught by him in the act of violating any of the aforesaid laws for the protection or propagation of birds, game or fish, and take such person forthwith before a justice of the peace, or other _ magistrate having jurisdiction, who shall proceed without delay to hear, try and _ determine the matter, and the same proceedings shall be had as near as may be, as in other criminal matters triable before a justice of the peace, or other magistrate | haying jurisdiction. Such arrest may be made on Sunday, in which case the person | arrested shall be taken before a justice of the peace or other magistrate having juris- diction and proceeded against as soon as may be, on a week day following the arrest. _ And that said Game Warden shall receive the same compensation for making arrests and serving of processes when acting under the game and fish laws of this Territory as are allowed the sheriffs for performing a like service. _ County game wardens; Deputies; Compensation: (3088) [Sxc.] 20. That the _ said Game and Fish Warden shall have power to appoint a Deputy Game and Fish _ Warden in each county in the Territory, to be known as the county game warden, _ who shall have the same power and authority herein provided for the Game and Fish _ Warden himself, subject to the supervision and control of and the removal by the © _ Game Warden. That the said county game warden shall also have power to appoint _ in each county, not to exceed five deputies, residents thereof, as deputy game and fish wardens, who shall have the same power in their respective counties as is herein provided for the Game and Fish Warden himself, subject to the supervision and. 4358—No. 28—07——16 eee cee Te = < 998 GAME COMMISSIONS AND WARDENS. control of, and to be removed by the Territorial Game and Fish Warden, and shal receive such compensation as provided in this Act for the serving of processes and making arrests and such other compensation as may be provided for by the Game _ and Fish Warden of the Territory, but in no case shall the county or Territory be liable for any fees or compensation other than for the serving of process as herein provided. Any person who hinders or obstructs or interferes with cr attempts to — hinder, obstruct or interfere with the said Game and Fish Warden, or any deputy or county warden in the discharge of his duties, shall be deemed guilty of a misdemeanor, * * * Costs; Warden’s fees: (3089) [Szc.] 21. In each prosecution before a justice of the peace for the violation of any of the provisions of this Act there shall be a fee of ten dollars taxed and collected as costs, and one-half of which shall be paid by the justice of the peace to the Game Warden of the Territory, and one-half to the county game warden of the county in which such prosecution is had, and for each prosecu- tion in the district court, there shall be a fee of twenty-five dollars taxed and col- lected as costs, one-half of which shall be paid by the district clerk to the Game Warden of the Territory and one-half to the county game warden of the county in which such prosecution is had. Prima facie evidence: (3073) [Sxc.] 5. The possession or having under control of any kind of bird, game or fish, the killing of which is at any time or at atime prohibited by the laws of this Territory, shall be prima facie evidence that it was killed in this Territory, to disprove which it shall be necessary to show by the testi- mony of the party who actually caught, took or killed the same, that it was killed © outside of this Territory. 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 Territory, was caught, taken or killed outside of this Territory, it shall be prima facie evidence that such bird, game or fish was caught, taken or killed at a time, in a manner and fora purpose prohibited by the laws of the Territory, State or country where it was caught, taken or killed, and was shipped out of said Territory, State or country in violation of the laws thereof, to disprove which it shall be necessary to show by direct and positive evidence that it was killed at a time, in a manner and for a purpose permitted by the laws of the Territory, State or country where the same was killed, and that its shipment out of said Territory, State or country was not foxbidden by the laws thereof. . County and township officers; Costs: (3082) [Src.] 14. For the more certain detection and punishment of the violators of this Act, it is hereby made the duty of all county and township officers, when any violation of the provisions of this Act is brought to their knowledge, to file an affidavit before some court or magistrate having jurisdiction of such cases information and belief charging the person or persons with the offense committed, and upon the filing of such affidavit, a warrant shall issue for the arrest of said person or persons to be tried for misdemeanor as provided by the criminal laws of the Territory of Oklahoma, except that it shall not be neces- sary for the county attorney to recommend that a warrant issue and any person making complaint shall not be liable for costs: Provided, That no bond shall be required for costs from any persons making such complaint. And any person yio- lating the provisions of, or the duties imposed by this section, shall be deemed guilty of amisdemeanor, * * * Common carriers: (3083) [Src.] 15. * * * Andit is hereby made the duty of each and every county attorney in the Territory, upon information that any rail- road company, express company, or other common carrier has violated any of the provisions of this Act within their respective counties, to immediately institute suit. therefor as in this Act provided. OKLAHOMA—OREGON. 4 999 Laws of 1903, Chap. XV, p. 167. Sei formers; Attorney’s fee: Sxc. 1. [Prohibits under penalty of $50-$200 sale bof deer, antelope, prairie chicken, grouse, quail, wild turkey, dove, or insectivorous _ birds;] one-half of such fine shall go to the informer of said violation of said law, _ and there shall be taxed as costs in said case a fee of ten dollars, to go to the county _ attorney prosecuting the same. _ Informers; Attorney’s fee: Src. 3. [Prohibits under penalty of $100—$500 _ transportation of game and birds mentioned in sec. 1] and one-half of said fine shall _ go to the informer of said violation of said law, and there shall be taxed as costs in _ said cause a fee of fifty dollars to go to the county attorney prosecuting the same.4 Common carriers; Disposition of fine; Attorney’s fee: Src. 4. [Prohibits 4 common carriers from receiving or carrying the game and birds mentioned in sec. 1.] 4 Any railroad company, express company, or other common carrier, or private indi- _ vidual, who shall, through itself, himself, or its agent, servant or employe violate any _ of the provisions of this section, shall forfeit and pay to the Territory of Oklahoma, for each violation thereof, the sum of five hundred dollars, to go to the common school re fund of said county, together with all costs of suit, including a fee of one hundred 2 dollars to go to the county attorney bringing said suit, to be recovered in a civil action to be instituted by the county attorney of the county wherein said suit is _ brought, which sum of five hundred dollars, and costs of said suit shall be collected - upon execution as in civil costs. _ Search; Arrest: Src. 5. It shall be the duty of the game warden, the deputy _ game wardens, and all sheriffs, marshals, and constables of this Territory, whenever _ they are informed or believe that section three of this act is being violated, to enter _ upon any premises, and to search any such premises or any box, or package of any 3 kind, without warrant or process, and if any game is found in any person’s posses- sion, it shall be their duty to seize said game and to arrest, without warrant, the _ person in whose possession it is found, and to take said person immediately before _ the probate court of the county wherein said person is arrested. _ Approved March 18, 1903. OREGON. Bellinger and Cotton’s Annotated Codes and Statutes, 1902, p. 717. _ Game warden; Bond; Compensation: [Src.] 2051. The governor shall appoint _ astate game and forestry warden, who shall be a resident of this state, and who shall _ hold his office for the term of four years from the date of his appointment, and until his successor is appointed and qualified; and any vacancy occurring during said term _ shall be filled by the governor for the residue of the term: Provided, that the person _ now holding the office of game and forestry warden of this state shall continue to hold said office for a period of four years from the date of his appointment, and until iis successor is appointed and qualified. Before entering upon the duties of his office, said state game and forestry warden shall file with the secretary of state a bond, to be Bie stoved by the governor, in the sum of five thousand dollars, conditioned in the faithful performance of his duties as prescribed in this act. His compensation shall be one thousand two hundred dollars per year, to be paid in monthly payments, and he shali be allowed for his actual traveling, office, and other expenses in the oa 4 _ ance of his duties a sum not exceeding five hundred dollars per year. x Special deputies; Compensation: [Src.] 2052. [As amended by Laws of 1905, 4 chap. 192.] Said State Game and Forestry Warden shall have power to appoint such a number of special deputy game and forestry wardens as he may deem neces- a 4See Cameron v. Territory, 86 Pac., 68. 230 GAME COMMISSIONS AND WARDENS. sary, who shall hold office for such time as the State Game and Forestry Warden : may designate, and who may be removed from office by said State Game and For- — estry Warden at any time, and their places filled in like manner as at the original a appointment. Said special deputy game and forestry wardens shall perform their duties at the direction of and subject to the supervision and control of said State Game and Forestry Warden. Said special deputy game and forestry wardens shall each receive a per diem compensation, to be fixed by the State Game and Forestry Warden, of not to exceed $2.00 per day for each day actually spent in the discharge of their duties, and their actual expenses necessarily incurred when so employed; said compensation and expenses to be paid in like manner as that of the State Game and Forestry Warden, on the approval of itemized vouchers therefor, verified under oath and certified to by the State Game and Forestry Warden; provided however, that the — total amount certified to by the State Game and Forestry Warden for the compensa- sation and expenses of all deputies whom he may appoint shall not exceed, in any one year, the total amount appropriated for the use of the State Game and Forestry Warden for such purposes for such year added to the amount of money derived from hunting licenses. Search; Prima facie evidence; Disposition of game; Jurisdiction: [Szc.] 2053. It shall be the duty of the state game and forestry warden, under the direc- tion of the governor, to enforce the laws of the State of Oregon for the protec- tion of trout, game fish, game birds, game, wild fowl, song birds, and forests, and to bring or cause to be brought actions or proceedings in the name of the state to recover any and all fines and penalties, and to inflict punishments for violation of such laws. He shall have power to search any person, and examine any boat, con- veyance, vehicle, game bag, game basket, game coat, or other receptacle for game or game fish, all cold storage rooms, packages or boxes held either for storage or ship- ment, which he has reason to believe contain evidence of the infraction of the laws of this state for the protection of wild fowl, trout, other game fish, game, game birds, song birds, and forests; and if upon diligent inquiry he can discover evidence suffi- cient in his judgment to secure the conviction of the alleged offenders, or shall have cause to believe that. sufficient evidence exists to justify the same, he shall at once institute proceedings to punish the alleged offenders; and hindrance or interference with such search and examination shall be prima facie evidence of a violation of the law by the party or parties who hinder or interfere, or attempt to hinder or interfere, with such search and examination. Said game and forestry warden shall at any and all times seize and take possession of any and all game, wild fowl, game fish, game birds, song birds, or trout which have been caught, taken, or killed at any time, in any manner or for any purpose, or had in possession or under control, which have been shipped contrary to any of the laws of this state. Such seizure may be made without warrants. Any court having jurisdiction of the offense, upon receiving proof or probable cause for believing in the concealment of any game, wild fowl, game fish, game bird, song bird, or trout caught, taken, killed, had in possession, under control or shipped contrary to any of the laws of this state, shall issue a search warrant and cause a search to be made in any place, and to that end may cause any building, inclosure, car, boat, apartment, chest, box, crate, basket, or package, to be broken open and the contents thereof examined by said state game and forestry warden, or any deputy warden, sheriff, or constable. All trout, game fish, game, game birds, wild fowl, or song birds seized by said state game and forestry warden, or any of his deputies, shall be disposed of in such manner as may be directed by the court before whom the offense is tried, or by any court of competent jurisdietion. Justice’s courts shall have concurrent jurisdiction of the offense defined in this act. Such actions or proceedings shall be commenced on the order of the state game and forestry warden in the name of the State of Oregon, by any district attorney in the district in which the offense shall be alleged to have been committed, and such Seas eke. yee i ite ss 7 eas a ES eee, Sd Mgt eee ey 6 es ly ALTRI FI re Pins ark 7 rr OREGON. re ; FOL ; action shall be prosecuted to determination in the county where commenced, unless, for some good cause appearing, a discontinuance shall be directed by the state game ~ and forestry warden; but in no case where such discontinuance shall be directed shall any costs be charged or chargeable to the prosecution. _ Auditing accounts; Report: [Src.] 2055. All salaries and expenses incurred under the provisions of this act shall be audited by the secretary of state, upon pres- - entation of bills or accounts properly certified, and the said secretary of state shall _ draw warrants in payment thereof upon the state treasurer for the amounts specified - insuch accounts. The state game and forestry warden shall annually, on the first q day of December, make a report to the governor of the operations of his department _ during the preceding year. _ Arrest; Trial: [Szc.] 2056. The said state game and forestry warden, or any of his deputies, or any sheriff, deputy sheriff, or constable may, without warrant, arrest any person violating any of the laws of this state for the protection of trout, game fish, game, game birds, wild fowl, song birds, or forests, and take such per- sons before any court having jurisdiction of the offense, who shall proceed without delay to hear, try, and determine the matter, and enter judgment according to the allegations and proois. Disposition of market hunting license fees; Record; Report: [Sxc.] 2044- [Requires nonresident market hunters to procure a license from state game and for- estry warden; fee $10.] All licenses issued hereunder shall be nontransferable and shall expire December 31 of the year of issue, and all license fees collected by the state game and forestry warden hereunder shall be by him paid into the general - fund of the state treasury; and said warden shall keep a full record of all licenses so _ issued, and shall report the same to the governor annually. Prima facie evidence: [Src.] 2045. * * * and proof of the possession of any of the aforesaid wild animals, wild fowl, or game birds at any time whenit is unlaw- ful to take or kill the same, unless they be kept as in this section provided [in parks, museums, as household pets or for scientific or breeding purposes], shall be prima facie evidence in any prosecution for a violation of the provisions of this act that the person or persons, firm, company, or corporation in whose possession the same is found took, killed, destroyed, or had in possession the same in the county wherein the same is found during a period when it was unlawful to take, kill, destroy, or have the same in possession: * * * ; Disposition of fines: [Src.] 2050. All fines imposed and collected in money, as _ provided in this act, shall be paid into the treasury of the county in which such suits, actions, or proceedings shall have been commenced, and the district attorney or treasurer of said county, upon the payment of any judgment, may satisfy the same - of record as the attorney for the state. One half of all such money, exclusive of = costs, shall be paid to and belong to the informer, whether such informer be the sheriff, constable, city marshal, police officer, or other person (other than the state _ game and forestry warden, or any of the special deputy game and forestry wardens provided for in this act, ) who causes to be brought the action or proceeding in which _ such fine or penalty shall be recovered, and shall be paid to such person by the county treasurer within thirty days after the same shall be received by such _ treasurer, upon the certificate of the prosecuting attorney, justice of the peace, or _ judge who prosecuted or heard such action, that such action or proceeding was _ brought or caused to be brought by such person, and that he is entitled to one half _ of said fine; and the other one half of said fine shall be retained by the county _ treasurer, to be applied to the payment of the expenses of such suit, action, or pro- ceeding. All money thus paid into the treasury of any county over and above the _ amount necessary to reimburse the county for any expense incurred by the county _ 4nsuch suit, action, or proceeding brought under the provisions of this act, shall be — _ paid on or before the thirtieth day of December in each year into the state treasury, and become and be a part of the general fund. 232 GAME COMMISSIONS AND “WARDENS. Laws of 1908, p. 140. a, Peace officers: Src. 1. That from and after the passage of this act the sheriffs and _ : deputy sheriffs of the counties and constables of the various precincts and districts of the State of Oregon shall be and hereby are created ex officio fire, game, and fish wardens. Duties; Arrest; Trial; Sunday: Sec. 2. It shall be the duty of said fire, game, and fish wardens to enforce all statutes of the state now in force, or that may here- aiter be enacted, for the protection of forests and timber lands from fire, and for the protection of game, game birds, game mammals, song and insectivorous birds, and fish, * * * and said sheriffs, deputy sheriffs, constables, or wardens shall have authority to arrest, without warrant, any person or persons caught by them in the act of violating any of the aforesaid laws for the protection of forests and timber lands, game and food and game fish, and take such person or persons forthwith before a justice of the peace, or other magistrate having jurisdiction, who shall pro- ceed without delay to hear, try, and determine the matter. Such arrests may also be made on Sunday, in which case the person or persons arrested shall be taken before the proper officer, and proceeded against as soon as may be on a week day following the arrest. Search; Seizure; Nonliability: Src. 3. Said sheriffs, deputy sheriffs, constables, or wardens shall have power, without warrant, to search and examine any boat, con- veyance, vehicle, fish box, fish basket, game bag, or game coat, or other receptacle for game or fish, when they have good reason to believe that any of the laws for the protection of forests and timber lands, game and food fish, have been violated; and the said sheriffs, deputy sheriffs, constables, or wardens shall at any time seize and take possession of any and all birds, animals, or fish which have been caught, taken, or killed at any time in a manner or for a purpose, or had in possession or under control, have been shipped or about to be shipped, contrary to any of the laws of this state; * * * Any court having jurisdiction of the offense, upon receiving proof of probable cause for believing in the concealment of any bird, animal, or fish, caught, taken, killed, had in possession, under contro! or shipped, or about to be shipped, contrary to the law, shall issue a search warrant, and cause a search to be made in any place, and to that end may, after demand and refusal, cause any build- ing, inclosure, or car to be entered, and any apartment, chest, box, locker, crate, basket, or package to be broken open and the contents thereof examined by any said sheriff, deputy sheriff, constable, or warden. Al! birds, animals, or fish, or nets, or fishing appliance or apparatus, seized by any sheriff, deputy sheriif, constable, or warden shall be disposed of in such manner as may be directed by the court before whom the offense is tried, and such sheriff, deputy sheriff, constable or warden shall not be liable for damages on accouut of any search, examination, or seizure, or the confiscation of any nets or fishing appliance or apparatus of any kind in accordance with the provisions of this act. Moiety of fines: Sec. 4. Any sheriff, deputy sheriff, constable, or warden, as informer or prosecutor, upon the arrest and prosecution of any offender to conviction under the provisions of this act, shall, in addition to the fees to which he may be entitled under existing laws, be entitled to receive one third of the money collected as fines in such action. Jurisdiction; Returns of violations: Src. 5. Each of the said sheriffs, deputy sheriffs, constables, or wardens shall, for the purpose of this act, have concurrent jurisdiction throughout his own proper county; and they shall in the first week in each term of the circuit court of their respective counties, make special returns to said court, under oath, of all violations occurring in their respective counties or districts, or which may come or be brought to their notice, of any of the provisions of any law now in force, or that may hereafter be enacted for the protection of the . a '.” ae (a eee or eae eee ee ee re oe es Re ee AF SN Le eae Ey MRL Spd, Be ; \ - a a irae + | bath x Ri C. ay tee Toe cece fi 7 a3 ans ie OREGON—-PENNSYLVANIA. 238 forests and timber lands, game, and fish; and it shall be the duty of the judge of said court to see that such returns are faithfully made, and any sheriff, deputy sheriff, constable, or warden wilfully neglecting or refusing to make such returns or _to prosecute any offense under said laws of which he shall have personal knowledge, or of which he shall have notice in writing by any citizen, giving the name of the offender, together with the names of the witnesses, shall be deemed guilty of a - misdemeanor, and upon conviction thereof shall be sentenced to pay a fine of $50, 9 or to undergo an imprisonment in the county jail of two months, both or either, at _ the discretion of the court. Approved February 19, 1903. Laws of 1905, chap. 204, p. 336. Disposition of hunting license fees; Fines: Src.2. * * * Allmoneyssocol- lected [for resident and nonresident hunting licenses] by the county clerk shall, at least - once in every three months, be forwarded to and deposited with the State Treasurer, and be placed to the credit of the fund for the protection of game and game fish, and shall be used as authorized by law by the State Game and Forestry Warden, or such other officer or officers as may be vested with authority to enforce the laws of this _ State for the protection of game or game fish within the State. All fines collected under the provisions of this act [establishing resident and nonresident licenses] shall _ be paid to the State Treasurer, and shall be placed by him in said game protection fund and be used for the protection of game and game fish. Approved February 21, 1905. PENNSYLVANIA. Laws of 1895, No. 187, p. 278. Game commissioners; Compensation: Src. 1. Be it enacted, &c. That the Governor of the Commonwealth is hereby authorized and required to appoint, sub- _ ject to the approval of the Senate, six competent citizens of this State to be and act as a Board of Game Commissioners, no two of whom shall be from the same Sena- _ torial district, [term 3 years, no compensation] * * * Office; Meetings ; Statistics; Reports: Sec. 2. The Board of Game Commis- _ sioners shall have an office in the Capitol, at Harrisburg, Pennsylvania, and shall hold meetings at such office on the first Thursday of January and July, and at such _ other times and places within the State as the commissioners shall. appoint for the _ transaction of business. It shall be the duty of said board to protect and preserve _ the game, song and insectiverous birds and mammals of the State, and to enforce, _ by proper actions and proceedings, the laws of this Commonwealth relating to the same. It shall be the duty of said board to collect, classify and preserve all such _ statistics, data and information as, in their judgment, will tend to promote the objects _ of this act, to take charge of and keep all reports, books, papers and documents _ which shall, in the discharge of their duties hereunder, come into their possession . or under their control. It shall be the duty of said board, on or before the first _ Monday in December of each year, to prepare and present to the Governor of this _ State an annual report showing what has been done by them during the current 4 _ year, the amount received by them and from what sources, and the amount expended _ by them and for what purposes, with such recommendations for legislative action, if _ any, as the said board may deem wise for the better accomplishment of this act. _ The Governor shall lay said reports before the legislatures convening next after their receipt. | Game protecfors; Chief protector; Bond: Src. 3. The Board of Game Com- _ missioners shall have the power and authority to appoint ten (10) competent men _ whose powers and duties are hereinafter defined and who shall be known as game : we eee. te PR Re gee ee ee em a ee eee aaae * : aie Rese EN reer ite ate 934 GAME COMMISSIONS AND WARDENS. protectors. The said board shall, from time to time, designate one of such protectors as chief protector who shall remain such during the pleasure of the board and who ~ shall have the direction, supervision and control of the other protectors. The chief — game protector shall be secretary to the Board of Game Commissioners and shall occupy as his permanent headquarters the room assigned the Game Commissioners at the Capitol in Harrisburg. The Chief Protector shall give a bond to the Board of Game Commissioners with securities in the sum of one thousand dollars and each of the other protectors a bond with securities in the sum of five hundred dollars, conditioned for the faithful discharge of his duties, such bond to be approved by the commissioners. * * * Powers; Record; Report; Compensation: Sxc. 4. Game protectors so appointed shall hold office during the pleasure of the Board of Game Commissioners, which may summarily remove any of their number and appoint another in his place. The game protectors shall enforce all the game laws of the State and the provisions supplementary thereto, and shall have full power to execute all warrants and search warrants issued for the violation of the game laws, and to serve subpoenas issued for the examination, investigation or trial of all offenses against said laws; each pro- tector shall keep a record of his official acts, receipts and expenditures and at the close of each month make a summary of such record, with such statements in detail as shall be necessary for the information of his chief, and report the same to the chief protector under oath. The chief protector shall report to the Board of Commissioners any negligence or dereliction of duty or incompetency on the part of any of the pro- tectors, with the facts relating thereto, and he shall report monthly to said commis- sioners the operations of his department during the preceding month, and shall make such further reports as may be required by the Board of Commissioners: Provided, That no commissioner, protector or other officer authorized by this act shall claim or receive any compensation for his services or for expenges incurred in the discharge of his duties. Approved June 25, 1895. Laws of 1878, No. 160, p. 160. Prime facie evidence: Src. 33. In all cases of arrest made for the violation of each or any of the foregoing sections of this act [prohibiting use of big or swivel guns, hunting pheasants or grouse at night, and Sunday hunting@], the possession of the game, fishes, birds, animals, fowls, nets or other devices provided for, or so mentioned, shall be prime facie evidence of the violation of said act. l Arrest; Disposition of fines; Limitation; Imprisonment: Src. 34. Any justice of the peace or alderman, upon information or complaint made before him, by the affidavit of one or more persons, of the violation of the provisions of this act by any person or persons, is hereby authorized and required to issue his warrant, under his hand and seal, directed to any constable, police officer or warden, to cause such person or persons to be arrested and brought before said justice or alderman, who shall hear and determine the guilt or innocence of the person or persons so charged, and if con- victed of said offense or offenses, shall be sentenced to pay the fine or fines, penalty or penalties, attached to such violation, together with costs, one-half of which penal- ties shall go to the informer, and the remaining one-half shall be forthwith paid to the treasurer of the county in which the offense was committed; and it shall be the duty of said treasurer to distribute said fund so arising at the close of each year to the various school districts in said county, in proportion to the number of taxables in said districts: Provided, That said conviction shall be had within one year from the time of committing the offense: And provided further, Thatthe defendant on @Other sections of this act seem to be superseded by subsequent legislation. . Re aa r hs See St ad ee ne “ Bab oop “eels a Pond en PARAS SE SES BO Ce ge ae PENNSYLVANIA. | 235 efusing to pay said penalty shall be committed to the common jail of the county for a period of not less than one day for each dollar of penalty imposed, unless the defendant enters into recognizance with one or more sufficient securities to answer said complaint on a charge of a misdemeanor, before the quarter sessions of the _ peace of the county in which the offense is committed, which court, on conviction c of the defendant of the offense charged, and failure to pay the penalty or penalties imposed by this act, together with costs, shall commit said defendant to the com- - mon jail of the county for a period of not less than one day for each dollar of penalty | imposed. Arrest; Search; Jurisdiction: Src. 35. Any judge of the court of quarter ses- sions of the peace, or any alderman, justice of the peace, or police or other magis- ’ trate, upon receiving sufficient proof by affidavit, that any of the provisions of this _ act have been violated, by any person being temporarily within his jurisdiction, but not residing there permanently, or by any person whose name and residence were unknown, or by any permanent resident or citizen, is hereby authorized and required to issue his warrant for the arrest of such person, and to cause him to be committed or held to bail to answer the charge against him; and any such justice or _ magistrate, upon receiving proof or probable cause for believing in the concealment _ of any game or fish mentioned in this act during any of the periods prohibited, shall issue his search warrant and cause search to be made in any house, market, boat, car, vehicle or building; all courts of quarter sessions are hereby invested with juris- _ diction to try and dispose of all and any of the offenses against the provisions of this act occurring in the same county. _ Costs: Src. 37. Whenever any officer or constable making complaint of the vio- _ lation of any of the provisions of this act shall fail to recover the penalty or penalties _ therein mentioned in any prosecution or suit commenced by him or them pursuant g to the foregoing sections of this act, the costs of suit incurred by him or them shall _ be acharge upon the proper county, and shall be audited and allowed as other _ county charges are audited and allowed. Limitation: Src. 39. All actions for violation of the provisions of this act, except _ where otherwise therein directéd, shall be brought within one oe from the time such violation was committed. Laws of 1897, No. 1038, p. 128. Prima facie evidence: Src. 8. [Possession of a ferret is prima facie evidence of intent to use it in hunting rabbits in violation of law. ] Limitation; Proceedings; Disposition of penaities; Fund; Imprisonment: Src. 12. All actions for violation of any of the sections of the provisions of this act¢ shall be commenced within one year from the time such violation was committed, and any magistrate, justice of the peace or alderman, upon information or complaint made before him by the affidavit of one or more persons of the violation of any of the provisions of this act by any person or persons, is hereby authorized and required toi issue his warrant under his hand and seal directed to any constable, police officer, game protector or game warden, to cause such person or persons to be arrested and brought before said magistrate, justice of the peace or alderman, who shall hear and _ determine the guilt or innocence of the person or persons so charged, and if convicted of said offense or offenses, said person or persons shall be sentenced to pay the fine a @Prohibiting killing deer in waters of streams, ponds and lakes; export of all game; use of ferrets in hunting rabbits; taking game in any other manner than by “shooting with a gun; setting or preparing any trap, snare, net, swivel gun, deer lick, _pit-fall and turkey blind or pen for any game, or use of artificial light, battery or other deception; and destruction of nests and eggs of game birds. Other provisions of this act seem to be superseded by subsequent legislation. 236 GAME COMMISSIONS AND WARDENS. or fines, penalty or penalties attached to such violation, together with costs, one-half — of which penalty shall go to the informer, and the remaining one-half shall be forth- with paid to the treasurer of the county in which the offense was committed; and it _ shall be the duty of the said treasurer at the end of each month to forward the fund __ . go arising to the State Treasurer to be kept by the latter asafund separate and apart _ for the use of the Board of Game Commissioners, and to be drawn out upon warrant — signed by the president of the Game Commissioners and the Auditor General: Pro- yided, That any defendant on refusing to pay said penalty shall be committed to the common jail of the county for a period of not less than one day for each dollar of penalty imposed, unless that defendant enter into recognizance with one or more sufficient securities to answer said complaint on a charge of a misdemeanor before the quarter sessions of the peace of the county in which the offense is committed, which court, on conviction of the defendant of the offense charged and failure to pay _ the penalty imposed by this act, together with the costs, shall commit said defendant — to the common jail of the county for a period of not less than one day for each dollar ef penalty imposed. j Approved June 4, 1897. oa Laws of 1899, No. 14, p. 17. Peace officers: Src. 1. * * * That from and after the passage of the act the constables of the various wards, boroughs and pong ne of the Commonwealth shall be ex-officio fire, game and fish wardens. Arrest; Trial; Sunday: Src. 2. It shaJl be the duty of said fire, game and fish wardens to enforce all statutes of this State now in force, or that may hereafter be | enacted, for the protection of forests and timber lands from fire, and for the protec- _ tion and propagation of game, game birds, game animals, song and insectivorous birds, and fish, and said constables or wardens shall have authority to arrest without warrant any person or persons.caught by them in the act of violating any of the aforesaid laws for the protection of forests and timber lands, game, and food and game fish, and take such person or persons forthwith before a justice of the peace or other magistrate having jurisdiction, who shall proceed without delay to hear, try and determine the matter. Such arrests may be also made on Sunday, in which case the person or persons arrested shall be taken before the proper officer, and proceeded against as soon as may be on a week day following the arrest. Search; Seizure; Disposition of seized game; Nonliability: Sc. 3. Said con- stables or wardens shall have power without warrant to search and examine any boat, conveyance, vehicle, fish box, fish basket, game bag or game coat, or other receptacle for game or fish, when they have good reason to believe that any of the ~ laws for the protection of forests and timber lands, game and fish, have been violated; and the said constables shall at any time seize and take possession of any and all © birds, animals or fish, which have been caught, taken or killed at any time, in a — manner or for a purpose, or had in possession or under control, have been shipped ~ or are about to be shipped, contrary to any of the laws of this State. Amy court ~ having jurisdiction of the offense, upon receiving proof of probable cause for believ- — ing in the concealment of any bird, animal or fish, caught, taken, killed, had in possession, under control or shipped, or about to be shipped, contrary to law, shall — issue a search warrant and cause a search to be made in any place, and to that end ~ may, after demand and refusal, cause any building, enclosure or car to be entered, — and any apartment, chest, box, locker, crate, basket or package, to be broken open and the contents thereof examined by said constable. All birds, animals or fish, or nets, or fishing appliance, or apparatus, seized by any constable or warden, shall be ~ disposed of in such manner as may be directed by the court before whom the offense — is tried, and such constable or warden shall not be liable for damages on account of © PENNSYLVANIA. 937 any such search, examination or seizure, or the destruction of any nets or fishing 3 ipparatus of any kind in accordance with the provisions of this act. _ Fees for conviction: Src. 4. Any constable or warden, upon the arrest and pros- ecution of any offender to conviction under the provisions of this act, shall, in addi- ion to the fees to which he may be entitled under existing laws, be paid for his services the sum of ten dollars on a warrant drawn by the county commissioners on | the county treasurer, one-half of which shall be paid out of the treasury of the respective county, and the remaining half of said reward shall be paid by the State _ Treasurer into the treasury of said county, out of moneys not otherwise appropriated, upon warrant from the Auditor General, but no such warrant shall be drawn until the respective county commissioners shall have first furnished, under oath, to the _ Auditor General, a written itemized statement of such expense, and until the same _is approved by the Auditor General: Provided, That no county shall be liable to pay for this purpose in any one year an amount exceeding five hundred dollars. | Jurisdiction; Special returns: Src. 5. Each of said constables or wardens ‘shall, for the purpose of this act, have concurrent jurisdiction throughout his own _ proper county; and they shall in the first week in each term of the court of quarter | sessions of their respective counties make special returns to said court, under oath, | of all violations occurring in their respective townships, or which may come or be | brought to their notice, of any of the provisions of any law now in force, or that 4 may hereafter be enacted, for the protection of forests and timber lands, game and - fish; and it shall be the duty of the judge of said court to see that such returns are _ faithfully made, and any constable or warden wilfully neglecting or refusing to make such returns, or to prosecute any offense under said laws of which he shall have | personal knowledge, or of which he shall have notice in writing by any citizen, | giving the name of the offender together with the names of the witnesses, shall be guilty of a misdemeanor, and upon conviction thereof be sentenced to pay a fine of fifty dollars, or to underge an imprisonment in the county jail of two months, both _ or either, at the discretion of the court. Approved March 22, 1899. Laws of 1901, No. 1738, p. 266. _ Arrest; Sunday: Szc. 1. Be it enacted, &c., That from and after the passage of this act the game protectors * * * shall have, in addition to the powers con- ferred upon them by said act [of 1895], the authority to arrest without warrant any person or persons found by them in the act of violating any of the laws of this Com- monwealth now in force, or that may hereafter be enacted for the protection of game, _of song and of insectivorous birds, and take such person or persons forthwith before a justice of the peace or other magistrate having jurisdiction, who shall proceed with- out delay to hear, try and determine the matter; such arrest may also be made on Sunday, in which case the person or persons, so arrested, for safe keeping may be committed to the jail for that day, but shall be taken before the proper magistrate and proceeded against as soon as may be on a week day following the arrest. _ Search; Seizure; Disposition of goods seized; Nonliability: Src. 2. Said g me protectors shall have power, without warrant, to search and examine any boat, conveyance, vehicle, game-bag, game-coat, or other receptacle for game, when they have good cause to believe that any of the laws of this Commonwealth for the pro- 4 tection of game, of song or of insectivorous birds, have been violated; and the said game protectors shall, at any and all times, have the right to seize and take possession oi any and all birds or animals which have been caught, taken or killed, at any time, in a manner or for a purpose, or had in possession or under control, have been shipped or about to be shipped, contrary to any of the laws of this Commonwealth. Any court having jurisdiction of the offense, upon receiving proof of the probable 238 - GAME COMMISSIONS AND WARDENS. cause for believing in the concealment of any bird or animal caught, taken, killed, ain had in possession, under control, shipped or about to be shipped, contrary toany law of this Commonwealth, shall issue a search warrant, and cause a search to be made in any place; and to that end may, after demand and refusal, cause any build- ing, enclosure or car to be entered, and any apartment, chest, locker, box, trunk, crate, basket, bag or package, to be broken open and the contents thereof to be examined by said protector. All birds or animals classed as game, found therein in violation of law, shall be seized by the protector making the search, who shall, as scon as may be thereafter, forward said game to the nearest hospital, for the use of the sick or injured therein; the bodies or parts of bodies of all song or insectivorous birds, so taken, shall, unless needed for evidence, be destroyed; all guns, gunning appliances, shooting apparatus, trap or gunning apparel, found in said receptacle or receptacles, where the search warrant is issued against a non-resident, shall be seized by said protector, and held, subject to the payment of the maximum penalty attached by law to the offense charged, and the costs of prosecution; said goods to be sold at public auction, after the lapse of twenty days from the date of seizure, and failure of the reputed owner to appear and defend himself against the charges preferred; and such game protector or protectors shall not be liable for damages on account of any arrest, search, examination, seizure or sale, made in accordance with the provisions of this act. Obtaining evidence; Disposition of game thus used: Szc. 3. Any of the game protectors of this State shall have the right for the purpose of securing evidence wherewith to convict of violations of the game law, to purchase or sell game, the purchase or sale of which is otherwise forbidden, and shall not be liable to any of the fines or penalties imposed by law for the purchase or sale of game. Allgame — remaining in the hands of a protector, after the purpose for which it was procured shall have been accomplished, shall be forwarded to the nearest hospital for the use of the sick or injured therein. Resisting officers; Aid for officers: Suc. 4. Any person or persons interfering with any of the game protectors of this Commonwealth in the discharge of their duties, or resisting arrest, shall be lable to a penalty of one hundred dollars, or be imprisoned in the county jail for a period of one day for each dollar of penalty imposed. Any game protector is hereby authorized to call to his aid any citizen or citizens of this Commonwealth, for assistance as needed in making an arrest. Compensation: Suc. 5. That the game protectors, so appointed, shall receive — salary or pay per day, as may be agreed upon by the Game Commission, with expenses not to exceed two dollars per day outside of traveling expenses; said expense account to be itemized and presented under oath. * * * Provided, That the combined expense account of the Game Commission shall not exceed the amount set apart by law to their use. Approved May 21, 1901. Laws of 1901, No. 308, p. 612. Trespass: Src. 1. Be it enacted, &c., That on and after the passage of this act, 3 any person or persons trespassing on any cultivated lands in this Commonwealth, for the purpose of hunting and trapping and taking therefrom any game birds or — game animals, after public notice by the owner, lessee or occupant thereof, such ~ notice to be posted on, and adjacent to such cultivated lands, shall be guilty of wil- ~ ful trespass, and in addition to the damages recoverable by law shall be liable to the — owner, lessee, or occupant in a penalty not exceeding five dollars for each and every — such offense. 4 Arrest; Trial: Src. 2. Any justice of the peace or alderman, upon information or — complaint made before him, by affidavit, of the violation of the provisions of this act — a — PENNSYLVANIA. 239 | by any person or persons, is hereby authorized and directed to issue his warrant, | under his hand and seak, directed to any constable or warden of the county, to cause _ such person or persons to be arrested and brought before said justice or alderman, who shall hear and determine the guilt or innocence of the person or persons so charged; and if convicted of such wilful trespass, shall be sentenced, by such justice _ oralderman to pay a penalty, not exceeding five dollars, together with costs, one- half of such penalty shall be paid to the owner, lessee or occupant of said land and the remaining half to the school district of the city, borough or township wherein such offense was committed; and if the person or persons, so convicted and sen- tenced, shall neglect or refuse to pay such penalty and costs, or secure the payment thereof within ten days, he or they shall be committed to the common jail of the proper county for a period not exceeding three months. Appeal: Src. 3. If any person or persons, convicted and sentenced under the pro- visions of this act, shall feel aggrieved thereby, he or they may appeal to the court of quarter sessions of the peace for the county in which the offense was committed, by entering into recognizance, with sureties to be approved by the justice or alder- man, to appear before said court; which court shall hear the evidence and determine the guilt or innocence of the person or persons so charged, and on conviction of the defendant or defendants charged and a failure to pay such penalty and costs imposed by the act, shall commit said defendant or defendants to the common jail of the county, for a period not exceeding three months. Approved July 9, 1901. Laws of 1903, No. 121, p. 163. Deputy game protector; Compensation; Bond: Src. 1. Be it enacted, &c., That the Board of Game Commissioners shall have the power and authority to appoint one competent man in each and every county of the Commonwealth of Penn- -sylvania, to be called and designated as a deputy game protector, who shall have the same power and perform the same duties as the present game protectors, authorized by law, now have and perform, and receive the same compensation that constables now receive for similar service; and shall, when appointed, give to the Board of Game Commissioners a bond in the sum of three hundred dollars, conditioned for the faithful discharge of his duty; such bond to be approved by the said Commis- sioners. Approved April 11, 1903. Laws of 19038, No. 1386, p. 178. Production of license; Disposition of license fees: Sec. 1. [Under the act - requiring nonresidents and unnaturalized foreign born resident to procure a $10 license before hunting in the State license must be exhibited upon demand of any game warden, protector or constable; one-half the fee is to be retained by the county treasurer for use of the county the other half to be forwarded by him to the State Treasurer for use of the Board of Game Commissioners. | Prima facie evidence; Penalty; Imprisonment: Src. 2. Possession of a gun in the fields or in the forests or on the waters of this Commonwealth, by an unnaturalized, foreign-born resident or a non-resident of this Commonwealth, without having first secured the license required by this act, shall be prima facie evidence of a violation _ ofits provisions; and any person so offending shall be liable to a penalty of twenty- five dollars for each offense, or in default of the payment thereof, with the costs of prosecution, to suffer an imprisonment in the county jail for a period of one day for _ each dollar of penalty imposed, unless he or they enter into good and sufficient recog- - nizance to pay said penalty and costs within a period of ten days from the date of _ conviction, or enter into recognizance to answer said complaint, on a charge of mis- ‘ _ demeanor, before the court of quarter sessions of the peace of the county where said 240 GAME COMMISSIONS AND WARDENS. offense is charged to have been committed; which court, on the conviction of the defendant or defendants, and failure to pay the penalty or penalties imposed, with ~ the cost of prosecution, shall commit the said defendant or defendants to the jail of — the county for a period of one day for each dollar of penalty imposed. | Seizure; Disposition of game, etc.: Src. 3. All officers of the Commonweal a whose duty it is to protect the game of the Commonwealth, shall have power to seize _ all guns and shooting paraphernalia, and game in possession or belonging to the sus- pected parties, within the Commonwealth. The game, upon the conviction of the parties so arrested, shall be forfeited to the State, and forwarded by said officer to the most convenient public hospital, for the use of the sick or injured therein; and the guns and shooting paraphernalia held, subject to the payment of the penalty os penalties imposed, with the costs of prosecution; and in the case of default of the pay- — ¥ ment thereof for a period of five days from the date of conviction, unless appeal be taken, to advertise the same by public handbill, not less than five in number, con- spicuously displayed in the borough or township where the conviction was secured, and after the lapse of ten days from the date of advertisement, to sell said guns and paraphernalia at public auction. The fund thus realized shall be applied, first, to the payment of costs incurred, then to the payment of the penalty imposed, and the remainder, if any, shall be returned to the owner or owners of the property so seized and sold; Provided, That the fact that imprisonment is suffered by any person con- victed of violating the provisions of this act, shall not prevent the sale of all guns and hunting paraphernalia so seized, and the application of the fund thus realized to the purposes before mentioned. Approved April 14, 1903. Laws of 1903, No. 155, p. 218. Costs: Src. 1. Be it enacted, &c., That from and after the passage of this act, whenever any officer of this Commonwealth, whose duty it is by the laws of this State to protect our game, our song or our insectiverous birds, shall, in good faith, bring suit for violation of any of the laws relative to these subjects, and for any legal cause shall fail to recover the costs of record, the same shall be a charge upon the proper county, and shall be audited and paid as costs of like character in said county. Approved 4 Ae 16, 1903. Laws of 1905, No. 148, p. 201. Special deputies; Compensation: Src. 1. Be it enacted, &c., That from and after the passage of this act, the Board of Game Commissioners of this Commonwealth shall be empowered to appoint, at their discretion, competent men throughout the Commonwealth, to be known as special deputy game protectors, who in all ways shall possess the rights and powers now given by law to game protectors, and be subject to all requirements and regulations, either of the law or of rules of the Board of Game Commissioners, controlling the action of such game protectors in this Com- monwealth: Provided, Such special deputy game protectors shall in no way be entitled to recompense from either the county or Commonwealth for services rendered or expenses incurred in the performance of their duties. Approved April 18, 1905. Laws of 1905, No. 180, p. 248. An Act to provide for the protection and preservation of game, game quadrupeds and game birds, and song and insectivorous and other wild birds, and prescribing penalties for violation of its several provisions. a Killing dogs: Src. 9. Any dog pursuing or following upon the track of a deer or — fawn, within this Commonwealth, is hereby declared to be a public nuisance. Such ~ dog may be killed by any person when seen pursuing or following upon the track ERA re ey eee ae Bae, eT eee Pe eh SE ie Be gi Lig Nai an Nae aS ks aia ee a4, ad Phe cia zi ‘PENNSYLVANIA. 94] of a deer or fawn in this Commonwealth, or by any game-protector, deputy game- protector, game-warden, forestry-warden, or any other officer of the State, whose duty it is to protect any of the game of the State, upon affidavit being made by one or more persons acquainted with the facts, before an officer authorized to administer _ oaths, that said dog [is] in the habit of, or has been seen or heard running upon the track of or pursuing any deer or fawn in this Commonwealth, within a period of one year from the date of such affidavit. * * * Separate offense; Forfeiture of guns, etc.: Src. 11. No person shall hunt or 4 capture or kill in this Commonwealth any deer or fawn, wild-turkey; ruffed-grouse, | commonly called.pheasant; quail, commonly called Virginia partridge, or woodcock, for wages or hire, or valuable consideration of any description whatsoever, either | directly or indirectly; and each day thus employed shall constitute a separate offense. | Each and every person who shall offend against any provision of this section shall pe liable, upon conviction, to a penalty of twenty-five doliars for each offense, and | forfeit all guns and shooting paraphernalia used by him in the commission of such | offense, as hereinafter provided. g Forfeiture of boats, etc.; Disposition of proceeds: Src. 17. * * * All | boats, decoys, guns, shooting paraphernalia, or other contrivances or devices of | whatsoever description, used by any person or persons * * * in violation of any _ of the provisions of the game laws of this Commonwealth, shall, unless the fine a imposed and costs be paid, be forfeited to the Board of Game Commissioners, whe shall destroy or sell the same, at their pleasure, and apply the fund thus arising te _ the purposes of their appointment. | Prima facie evidence: Src. 20. * * * The possession of the body or skin, or _ any part thereof, of either a game-quadruped or a game bird, at any time except during the open season for such game in this State, and fifteen days thereafter, shall in every instance be prima facie evidence that the same is held or possessed in viola- tion of law. | Summarv convictions; Disposition of fines; Limitation of prosecution: Src. 23. [As amended by Laws of 1907, No. 63.] Each and every magistrate, alderman, and justice of the peace of this Commonwealth shall have the power of summary conviction in all matters pertaining to the enforcement of any of the pro- _ visions of this act; and all actions for violations of any of said provisions, excepting _ where the defendant is taken in the act or in a pursuit immediately following said _ act, shall be commenced by affidavit made within one year of the time of the com- mission of such offense. Each and every magistrate, alderman, or justice of the ~ _ peace, on complaint made before him, by the affidavit of any person, of a violation _ of any of the provisions of this act by any person, is hereby authorized and required to issue his warrant, under his hand and seal, directed to any constable, police officer, game protector, deputy game protector, or any other peace officer of the State whose duty it is to protect the game or wild birds of the State, and to cause such person to be brought before him, the said magistrate, alderman, or justice of _ the peace, who shall hear the evidence and determine the guilt or innocence of the person charged. Ifthe accused be convicted of such offense, he shall be sentenced _ to pay the penalty prescribed by the section violated, together with the costs of suit. All penalties collected in cases where the prosecutor is a game protector shall be - immediately surrendered by the court receiving the same to such prosecutor, who in | turn shall, as soon as may be, either deliver or forward such amount to the Secretary _ of the Game Commission, who shall deposit the same in the State Treasury, for the use of the Commonwealth. Where any other than a game protector is the prosecu- _ tor, one-half of any penalty thus collected shall belong to such prosecutor, and shall be paid to him by the court receiving same, and the remaining one-half of such penalty shall be forwarded by such court to the county treasurer of the county in eee So coum ited ee hy? he aes said money was collected. It shall be the duty of each county treasurer to keep a record of the cause for which said money was collected, and to forward the same, at least once a month, to the State Treasurer, for the use of the Commonwealth. Any defendant refusing to pay the penalty imposed, together with the costs of prosecu- tion, shall be committed to the common jail of the county, for a period of one day — for each dollar of penalty imposed, unless he shall enter into good and sufficient recognizance, with one or more sureties, to answer such complaint, on a charge of misdemeanor, before the court of quarter sessions of the peace in and for the county in which the offense was committed; which said court, on the conviction of the defendant of such offense, and upon his failure to pay the penalty imposed, together — with the costs of prosecution, shall commit such defendant to the common jail of — the county, for a period of one day for each dollar of penalty imposed: Provided, — that any person charged with a violation of any provision of this act may, at his dis- cretion, sign an acknowledgment of the offense committed, and pay to the duly authorized and sworn game protector or deputy game protector the penalty in full, as fixed by the section violated, with costs to that date; and the printed receipt which he shall receive therefor, and which in all instances shall bear the imprint of — the seal of the Board of Game Commissioners and the signature of its secretary, shall be evidence of a full satisfaction of the offense committed. Approved April 22, 1905. Laws of 1905, No. 227, p. 361. 7 An Act creating a Department of State Police and providing for appointment of officers and men. a Local officers: Suc. 5. The various members of the Police Force are hereby — authorized and empowered to make arrests, without warrant, for all violations of the — law which they may witness, and to serve and execute warrants issued by the proper — local authorities. They are also authorized and empowered to act as forest, fire, — game and fish wardens; and, in general, to have the powers and prerogatives con- — ferred by law upon members of the police force of cities of the first class, or upon — constables of the Commonwealth. E Approved May 2, 1905. 13 Laws of 1907, No. 57. Wild fowl; Forfeiture of guns, etc.: Src. 2. [Prohibits use of any craft pro- 4 pelled by any means other than oars, poles, or hand paddles in hunting wild water — fowl]. Each and every person who shall violate any provision of this section shall — be liable to a penalty of fifty dollars per day for each day on which any forbidden ~ craft or boat may be used to hunt or pursue wild water-fowl, and ten dollars for each — other contrivance or device set, placed, or carried contrary to the provisions of law. — All boats, decoys, guns, shooting paraphernalia, or other contrivances or devices of © whatsoever description, used by any person or persons in violation of the provisions — of the game laws of this Commonwealth, shall, unless the fine imposed and costs be — paid, be forfeited to the Board of Game Commissioners, who shall destroy or sell the — same at their pleasure, and apply the fund thus arising to the purposes of their appointment. 4 Summary convictions; Disposition of fines; Limitation of prosecution: Src. 4. [Identical with sec. 23, No. 180, Laws of 1905. See p. 241.] PP Sibel me Lee ee ee a TO 8 a nye A ed a yes. bid CBE ey i : van RHODE ISLAND. 943 RHODE ISLAND. General Laws, 1896, chap. 112, p. 379. OF BIRDS. Disposition of fines; Limitation: Src. 15. [As amended by Laws of 1900, chap. 746.] All fines recovered by virtue of this chapter shall enure one-half thereof to use of the state and one-half thereof to the use of the complainant, and all prosecu- tions therefor shall be commenced within ninety days after the commission of the offense and not afterwards. Commissioners of birds; Compensation: Sxc. 16. [As amended by Laws of 1901, chap. 809.] There shall be five commissioners of birds, who shall serve with- out compensation. * * * At the January session of the general assembly in the year A. D. 1902, and in each third year thereafter, the governor, with the advice and consent of the senate, shall appoint five persons to be commissioners of birds to succeed the commissioners then in office; and the persons so appointed shall hold their offices until the first day of February in the third year after their appoint- man. * * Complaint; Search: Src. 18. Whenever complaint is made on oath to any mag- istrate authorized to issue warrants in criminal cases, that the complainant believes and has reasonable cause to believe that the laws in relation to birds have been or are being violated in any building or place, such magistrate, if satisfied that there is reasonable cause for such belief, shall issue a search-warrant authorizing any ofticer, competent to serve a warrant, to search such building or place; but no search shall be made aiter sunset, unless specially authorized by the magistrate upon satisfactory cause shown. Chap. 113, p. 3838. OF FERRETS, WEASELS, HARES AND GRAY SQUIRRELS. Disposition of fines: Src. 1. [As amended in 1905. Provides a:close season for rabbits, hares, and gray squirrels from Jan. 1 to Nov. 1; a fine of $20 for each animal, one-half of fine to be paid to complainant.and one-half to state. | Arrest: Sxo. 4. [Added by Laws of 1899, chap. 684.] It shall be the duty of the commissioners of birds and their deputies * * * to enforce the provisions of this chapter and to prosecute every person who shall violate the same. They shall have power to arrest, without warrant, every person whom they shall find pursuing with intent to kill, taking or killing, or having in his possession any undomesticated rabbit, hare or gray squirrel contrary to the provisions of this chapter: Provided, that any per- son so arrested without warrant shall not be detained longer than twelve hours. Nonliability: Src. 5. Whenever complaint is made by said commissioners, or either of them, or by their deputies of any violation of the provisions of this chapter, they shall not be required either by themselves or by their deputies to furnish surety for costs, or be liable for costs on such complaint. [Id.] Seizure: Src. 6. Any commissioner or his deputy may seize without warrant any undomesticated rabbit, hare or gray squirrel found in the possession of any person at any time when the killing of the same is prohibited by law. [Id.] Laws of 1899, chap. 678, p. 119. Nonliability: Sac. 2. The commissioners of birds shall protect birds throughout the state, and shall prosecute every person who shall violate any of the laws of this state relating to birds. Whenever complaint is made by said commissioners, or either of them, or by their deputies, of any violation of any of the laws of this state relating to birds, they shall not be required, either by themselves or by their depu- ties, to furnish surety for costs on such complaint. 4358—No. 28—07——17 ES a lis A SOB Sota SN Se es eng es ae as pe aes A aie eee eS ee ee en eee a pe tral ie a gS a a a Se ae ee 944 GAME COMMISSIONS AND WARDENS. Deputies; Arrest: Src. 3. [Asamended by Laws of 1903, chap. 1098.] Said com- — missioners in their discretion may appoint any number of deputies, and shall issue commissions under their hands to said deputies, empowering them to execute the — duties of such office, and shall record the names of said deputies with the secretary of state. It shall be the duty of every commissioner and deputy to enforce the laws _ of this State relating to birds, and they shall have the power to arrest, without — warrant, every person whom they shall find pursuing with intent to kill, taking or killing, birds, or who shall have birds in his possession contrary to the laws of this state relating to birds: Provided, that any person so arrested without warrant shall not be detained longer than twelve hours. ; Seizure: Sec. 4. Any commissioner or deputy may seize, without warrant, any birds found in the possession of any person at any time when the killing of such birds is prohibited by law. Laws of 1905, chap. 1231, p. 63. Disposition of fines: Suc. 3. [Prohibits sale of ruffed grouse and woodcock at alk times; a fine of $20 for each bird, one-half to be paid to complainant and one-half to state. ] Disposition of fines: Src. 2. [Close season for ruffed grouse, quail, and woodeock from Jan. 1 to Novy. 1; a fine of $20 for each bird; one-half to be paid to complainant and one-half to state. | Laws of 1907, chap. 1456, p. 67. Nonresident license: Src. 1. [Requires nonresidents to procure licenses before hunting]. Production of license: Src. 5. Every person holding a license provided by this act shall have the same on his person at all times while hunting in this state, and shall present the same for inspection to any person demanding the same; and any person refusing to so present said license for inspection upon demand shall be liable to the same penalty as if he were hunting without such license. A license shall be good only for the person for whom it is issued. Any transfer or loan of such license shall carry a forfeiture of the same. SOUTH CAROLINA. Laws of 1907, No. 315, p. 659. Audubon Society: Szc. 1. Be it enacted by the General Assembly of the State of South Carolina, That J. A. B. Scherer, H. N. Snyder, D. R. Coker, Richard I. Manning, B. F. Taylor, O. B. Martin and Thomas F. Parker, their associates and successors, be, and they are hereby, created a body politic and corporate under the name and style of the Audubon Society of South Carolina, and by that name and style they and their associates shall remain and have perpetual succession, with power to take and hold, either by gift, grant, purchase, devise, bequest or otherwise, any real and personal estate not exceeding fifty thousand dollars in value for the general use and advancement of the purposes of the said corporation, or for any special purpose consistent with the charter, and such property shall be exempt from taxation, to make rules and by-laws not inconsistent with the laws of this State for its government and for the due and orderly conduct of its affairs, and for the execu- tion of the powers herein conferred, and to change the same from time to time, and _ to have and use a common seal, and to change the same at pleasure. Officers: Szc. 2. That the officers of said corporation shall be a President, Vice- — President, Secretary and Treasurer, and such other officers as may be fixed by the _ by-laws. RHODE ISLAND. , 3 OAs _ Objects: Src. 3. The objects for which this corporation is formed are to promote among the citizens of South Carolina a better appreciation of the value of wild birds, -non-migratory fish, and animals to men and the State; to encourage parents and teachers to give instruction to children on this subject; to stimulate a public sentiment against the destruction of wild animals, non-migratory fish, and wild birds and their eggs; to secure the enactment and enforcement of proper and necessary laws for the protection and preservation of the wild birds, non-migratory fish, and animals of the _ State; to provide for the naming of special officers and investing them with necessary _ power, who shall work under the direction and control of the Audubon Society of | South Carolina, looking to the rigid enforcement of the present game, non-migratory Re fish, and bird protective laws and such other laws of like nature as are herein and may hereafter be enacted; to distribute literature bearing on these topics among the members of the Society and other persons; and to raise and provide funds for defraying- the necessary expenses of the Society in the accomplishment of the purposes herein named. Separate offense; Prima facie evidence: Src. 4. * * * and each bird or game animal so killed [in the State] or taken or had in possession, received for trans- portation or. transported, contrary to the provisions of this Act, shall constitute a separate offense. The reception by any person or corporation within this State of _ any such birds or game for shipment to a point beyond the limits of this State shall be prima facie evidence that said birds or game were killed within the State for the purpose of conveying same beyond its limits; but the provisions of this Section shall - not apply to common carriers into whose possession birds or game shall come in the regular course of their business for transportation while they are in transit through the State from any place without the State: * * * Game protection fund; Production of license: Src. 8. * * * The Clerks | of the Courts shall keep a record of each license [non-resident and alien] issued, in a book furnished by the Audubon Society, and shall make a report to the Audubon | Society on the first day of December of each year, and at the close of the hunting season in their respective Counties, on forms provided by said Audubon Society, and shall transmit at the same time all money received for each license to the Treasurer of the State to constitute a fund known as the ‘‘Game Protection Fund,’’ which shall _ be paid out apon the order and vouchers of the Treasurer of the Audubon Society, | who shall make an annual report to the Governor of South Carolina, showing the - receipts and expenditures of the Society for the year. Every non-resident: or alien person shall carry with him his license, and shall upon demand exhibit it to any - warden or police officer, and a refusal to so exhibit his license shall constitute an _ offense under this Section. The record of licenses kept by the Clerks of the Courts | shall be open at all reasonable hours to the inspection of any person. Each day that | any non-resident or alien shall hunt within the State of South Carolina without having procured the required license shall constitute a separate offense. _ Treasurer; Game wardens: Szc. 10. The Governor of the State shall, upon the passage of this Act, upon the recommendation of the Audubon Society of South Caro- lina, appoint from time to time bird, non-migratory fish, and game wardens, and a _ Treasurer of the Audubon Society, whose terms of office, unless otherwise provided _ for, shall be during good behavior or until their successors are appointed. The Gov- _ ernor shall issue a commission to the Treasurer of the Audubon Society and to each _ person appointed as a warden, and shall transmit such commission to the office of % the Clerk of the Court for the County in which the prospective Treasurer or bird, _ non-migratory fish and game warden isa resident. No tax or fee shall be charged or collected for said commission. Any of the said wardens may be removed by the | Governor upon proof satisfactory to him that they are not fit persons for said posi- ; tions. The compensation of said wardens shall be fixed and paid by the Audubon _ Society. AG ey seen) USAGE, mainte ite Rete SiN Wee RL AEP ES Sa . > i Rite wee a iid 246 GAME COMMISSIONS AND WARDENS. Search; Seizure; Prosecutions; Fines: Src. 11. A duly commissioned bird and q game warden is authorized upon making an affidavit before a Magistrate or in any — Court of the State, that there exists reasonable grounds to believe that birds or game — are in possession of a common carrier in violation of the law, is authorized to procure __ a search warrant and to open and enter and examine all cars, warehouses and recep- x tacles of common carriers in the State, where they have reason to believe any game, taken of held in violation of this Act, is to be found and seize the same. It shall be the duty or said bird and game wardens to prosecute all persons or corporations hay- ing in their possession any birds, non-migratory fish, or game contrary to the bird, fish and game laws of this State. It shall be their duty to see that the bird, non- migratory fish and game laws are enforced and to obtain information as to all viola- tions of the said bird, non-migratory fish and game laws. All monies obtained from fines or forfeitures shall be deposited with the State Treasurer to the credit of the ‘‘Game Protection Fund.”’ Disposition of seized game: Src. 12. Any bird, non-migratory fish or animal caught, taken or killed, shipped, or received for shipment, had in possession or under control by any person or corporation contrary to the provisions of law, which may come into the possession of the bird and game wardens, shall be sold at auction within the State, and the bird and game warden disposing of the same shall issue a certificate to the purchaser certifying that the said birds, non-migratory fish or animals were legally obtained and possessed, and anyone so acquiring said birds, non-migratory fish or animals within this State can have the right to use them as if same had been sold, killed or possessed in accordance with the laws of this State. The money received from the sale of such confiscated birds, non-migratory fish or game shall be forwarded by the game warden to the Treasurer of the State and be placed to the account of the ‘‘Game Protection Fund.”’ Wardens; Oath; Bond; Powers: Src. 13. Every warden appointed shall before entering upon the duties of his office take and subscribe before the Clerk of the County of which he is a resident, an oath to perform the duties of said office, together with the oath prescribed for police officers, and shal! execute a bond in the sum of one hundred dollars for the faithful discharge of his duties, and the said oath and bond shall be recorded by the Clerk in his office, and the warden so qualified shall possess and exercise all the powers and authority held and exercised by the Constable at common law and under the Statutes of this State. The Clerk shall not charge more than fifty cents for taking and recording said oath. The bird and game wardens when acting in their official capacity shall wear in plain view a metallic shield with the words ‘‘ Bird and Game Warden’’ inscribed thereon. Reports: Src. 14. The bird and game wardens when appointed and qualified shall work and be under the control and direction of the Audubon Society of South Caro- lina, and shall make reports in writing to the Society as it may require. Approved Feb. 19, 1907. Code of Laws 1902, vol. 2, p. 411. Disposition of fines: Src. 540. [Prescribes season when deer may be killed and — imposes penalty for violation, ] one-half thereof shall go to the informer, and the other half thereof to the use of the said county. Jurisdiction; Disposition of fines; Conviction: Src. 544. All of the penalties and forfeitures mentioned in the preceding Section [prohibiting fire hunting at night] shall and may be recovered before any Magistrate in the County where any of the > said offenses shall be committed, and when received shall be divided and paid one- half to and for the use of the poor of the County where the offense shall be commit- ted and the other half to the person who will inform for the same; and the oath of one credible witness, or the confession of the party accused, shall be allowed as suf- SOUTH CAROLINA. , . 247 fi cient evidence to convict the offender i every Magistrate before whom informa- ti ‘ion shall be made of any of the offenses aforesaid: Provided, That where the owners of any lands shall prosecute for any unlawful hunting and ranging on his or her - the oath of such owner shall be sufficient evidence to convict the offender; _ but in that case the whole penalty shall go to the use of the poor of the County. Acts of 1903. No. 75, p. 116. Prima facie evidence: Src. 1. [Amending anact amending sec. 431, vol. 2, Revised - Statutes, 1893.] * * * That the handling, possession, control or ownership of any partridge or quail, sold or offered for sale, or shipped or exported, shall be prima facie evidence of a violation of this Section [prohibiting sale and export of quail, deer, and wild turkey for five years, ] and the burden of proof shall be upon any persons so handling, possessing, controlling or owning any such partridge or quail to show _ that such partridge or quail was imported from another State or Territory. * * * Acts of 1905, No. 489, p. 963. 4 4 County game warden: Sxc. 1. Be tt enacted by the General Assembly of the State | of South Carolina, That the Governor shall, with the advice and consent of the Senate, 4 appoint for each County a game warden, whose duty it shall be to see that the law | _ for the protection of game, game birds and insectivorous birds shall be strictly | enforced. Road and jury duty: Sec. 2. That said game warden shall he exempt from road and jury duty. Report: Src. 3. Said warden shall report to each term of the Court of General - Sessions all violations of the law for the protection of game, game birds and insectiv- a orous birds and what has been done to punish the offenders. | Approved March 7, 1905. Acts of 1905, No. 463, p. 933. An act to preserve game, fish, shell fish and terrapin in and on the public lands and waters of the : state, and to provide license. _ County supervisors and commissioners; Inspectors; Compensation: Szc. 8. _ The County Supervisors and County Commissioners are charged with the enforce- i _ ment of the provisions of this Act in each County (any citizen, however, having the _ right to proceed upon any infraction thereof as in the case of any other infraction of | thelaw). And to that end, the County Board of Commissioners of each County be, _ and they are hereby, authorized and empowered to put some competent person or persons as Inspector or Inspectors, who shall be charged with the enforcement of _ this Act in their respective Counties, and who shall receive such compensation as _ the County Board of Commissioners of each County may determine, not to exceed _ in the aggregate ten per cent. of the licenses and fines paid to the County under this eink F * _ Arrest; Seizure; Sale of seized game: Src. 12. Any person found in the act of _ violating the provisions of this Act may be at once arrested, and any boat, vessel, _ flat, tongs, dredge, net or lines, gun or other instruments or utensils in his possession _ and used for the purpose of so violating the provisions of this Act, and all game fish, shell fish or terrapin, in his possession, procured in violation of the provisions of _ this Act, may be seized, and upon conviction of such person of such violation, all _ the same shall be forfeited to the State and shall be sold as in the case of the sale of - other property sold under judicial processes, and the proceeds divided equally between the State and the County. BY _ Approved Feb. 22, 1905. | : PET Es Se 1 Ean hee rege Peay 9 948 GAME COMMISSIONS AND WARDENS, SOUTH DAKOTA. Revised Codes, 1908. Political Code, Art. 23, p. 554. [Small game. ] Prima facie evidence: [Sec.] 3056 [As amended by Laws of 1903, chap. 150. Prohibits export of game.] * * * the possession of such game by any per- son, railroad company, express company or other common carrier shall be deemed presumptive evidence of the violation of the laws of this state enacted for the protec- tion ofgame. * *. * Prima facie evidence: [Src.] 3058. Any person or persons traveling in any manner in any part of this state outside of the immediate bounds of the inhabited parts of any village, town or city in possession of any kind of a shot gun and ammu- nition with dog or dogs ordinarily used or kept for the use of hunting any game mentioned in this article from the first day of July, and to the first day of Septem- ber each year shall be presumed to have violated or attempted to violate the proyi- sions of this article as to unlawfully shooting or taking of game mentioned in this article, the taking or shooting of which is prohibited during said time and proof of the possession of such property during said time and in such place shall be prima facie evidence of the guilt of such person or persons to so violate or attempt to vio- late the provisions of this article as to shooting, killing or taking such game: * * * and the fact that any traps, snares or other devises used for the purpose of trapping, snaring or taking game birds, are found in the possession of, or upon the premises of any person or persons, shall be prima facie evidence of guilt, violation or attempted violation by such person or persons of the provisions of this article. Forfeiture and sale of appliances: [Sec.] 3059. Any person offending against any of the provisions of any section of this article shall be punished not only by the fine herein prescribed, but also by a forfeiture of any gun or guns, dog or dogs, trap or other sporting implement in his or their possession while so offending, and any court having jurisdiction may, upon due proof, adjudge the same forfeited, and order such traps to be destroyed, and may order any dog or dogs, gun or guns so used to be sold at either public or private sale, and the proceeds of such sale shall be paid to the county, to be placed in the county game fund. * * * Wardens; Peace officers; Duties; Oath: [Src.] 3061. The fish wardens who are now appointed, or who may hereafter be appointed, shall be game wardens. Each game warden, sheriff, constable, or other officer of the law, is charged with the duty of enforcing the provisions of this article. He shall arrest or cause to be arrested, all violators thereof, and shall prosecute all offenses against the same. He shall have the power to arrest without a warrant any person or persons found vio- lating any of the provisions of this law, when detected in the commission of the act. And he may seize and take into his custody all the birds, or any part thereof, shot, killed or taken during the period when the shooting, killing or taking is not per- mitted by this article. Each warden, before entering upon the duties of his office, shall take an oath to support the constitution and faithfully and impartially dis- charge the duties of his office, which oath and appointment shall be filed with the secretary of state. Deputies: [Srec.] 3062. Each warden may appoint not more than ten deputies, residents in his county. Such appointment must be made in writing, and shall be revocable in writing at the pleasure of the principal. * * * Jurisdiction: [Src.] 3063. Each warden shall have jurisdiction throughout the state to make complaint against, arrest and prosecute, all violators of the laws for the protection of game, and each deputy shall have like jurisdiction throughout his county. iy Ry a f SOUTH DAKOTA. — 949 a Duties; State’s attorney; Fees: [Sxc.] 3064. It is hereby made the duty of each warden and deputy warden, within his county, to see to the enforcement of the | provisions of the laws for the protection of game, and to make complaint and to a prosecute all violators of the provisions of said laws, which shall come to his knowl- | edge, or of which he shall be credibly informed; and such wardens and their depu- | ties, within their respective counties, are authorized to arrest withgut warrant any - | _ person found violating the provisions of said game laws when detected in the act, or _ found with the game in their possession at the time of their arrest, and to take the party offending before any court having jurisdiction to try the offender, or to give immediate notice theréof to the state’s attorney of the county in which the arrest was made, who shall forthwith make complaint or information against such offender, and prosecute the same. The fees therefor shall be the same as now provided by law for like service in criminal actions. ‘Disposition of fines: [Src.] 3065. In all prosecutions instituted in the manner set forth in this article the warden, deputy warden, or other officer instituting such prosecution shall be entitled to one-half of the penalty or fine when recovered, and the remainder of such penalty or fine shall go to the county game fund. Disposition of fines: [Src.] 3066. Any person making complaint and furnish- ing evidence which shall lead to the prosecution and conviction of any offender under the provisions of the game laws, shall be entitled to one-half the fine or penalty, when recovered in such prosecution, and the other half to go to the county game fund. Game fund: [Src.] 3068. All costs that shall be collected and all fines and penal- ties or shares thereof which shall be recovered and paid into the county treasury, and all moneys received for hunters’ licenses, and the proceeds of any and all game, dogs and guns sold, shall be kept as a separate fund to be called a game fund, to be expended by the board of county commissioners toward the payment of expenses of the game wardens which shall be incurred in the enforcement of the provisions of the game laws of this state. Witnesses; Exemption: [Src.] 3069. In any prosecution or judicial proceeding under the provisions of any of the game laws of this state any person participating in or in any way accessory to any violation thereof, may testify as a witness against any other person violating the same, without criminating himself by so doing, and noth- ing in the testimony which he shall so give, or in any admissions he shall make in relation thereto, as such witness shall at any time be used against him in any criminal proceedings against him for such violation. - Search: [Sec.] 3070. Any court having jurisdiction of any of the offenses under __._this article, upon receiving proof by affidavit of probable cause for believing in the | _ concealment of any game, the killing or taking of which is prohibited in this article, | _ ghall issue a search warrant and cause search to be made in any place therefor, and to that end the officer serving such warrant may cause any building, enclosure, or car named therein to be entered, and any apartment, chest, box, locker, crate, basket or package to be broken open and the contents thereof examined. Joining offenses: [Src.] 3071. In prosecutions under game statutes of this state it shall be permissible in any indictment, information or complaint to join in one count or statement the several offenses, or any number of them which are named in any section of such statutes, when not repugnant in their nature or penalty, and such * count or statement shall be sustained by proof of any one of the offenders [offenses] charged. Game found; Seizure; Sale: [Src.] 3072. No person shall at any time acquire or have any property in any game which has been taken, captured or killed, or had in possession contrary to law, but the same shall be the property of the state, to be disposed of for the benefit of the fund to enforce the game laws, and any warden or his deputy may seize the same when found, and sell the, same, together with any ree te he el ee er 250 be placed in the game fund, and the possession of the officer so seizing the same, and — that of any one who shall thereafter purchase the same, shall be deemed lawful. ; 4 Resisting officer: [Src.] 3074. Whoever shall resist or obstruct any officer by — force, threat, or otherwise in the discharge of his duties under this article shall be _ guilty of a misdemeanor and be punished by a fine of not less than ten dollars, nor more than‘ fifty dollars for such offense. Limitation: [Sxc.] 3075. All prosecutions under this article shall be commenced within one year from the time the offense was committed. Jurisdiction; Prosecutions; Costs; Imprisonment: [Sxc.] 3076. All justices of the peace and police justices within their jurisdiction shall have concurrent jurisdic- tion with the circuit court to try and determine all offenses arising under the pro- visions of this article and of all the laws of this state for the protection of game. All prosecutions shall be in the name of the state and shall be instituted and prosecuted E in accordance with the provisions of the law for criminal procedure in the courts where the prosecution is had. In all convictions the costs of the prosecution shall be | taxed against the defendants as in other criminal cases and the court shall order asa part of the judgment that the defendant shall stand committed to jail until the fine and costs shall be paid. Provided, the term of imprisonment shall not exceed thirty days in any one case. - Political Code, Art. 24, p. 558. [Big game. ] County warden; Salary: [Src.] 3077. [As amended by Laws of 1905, chap. 116. ] On petition therefor, signed by not less than ten citizens of any county of the state where large game exists, the governor may in his discretion appoint a suitable person as game warden for such county, whose jurisdiction shall extend to any county in the state, who shall hold such position until a successor is appointed by law. The appointment of a successor shall operate as a termination of the term of office of any one previously appointed warden. Such game warden shall receive a salary of seventy-five ($75) dollars per month, which shall be paid from the game fund of the county. Butinno case shall such salary be a charge upon or obligation of the county or state. a Bond: [Sec.] 3078. [Requires warden to give $500 bond and take oath ef office. ] Powers; Duties; Information; Arrest; Seizure: [Sxc.] 3079. [As amended by Laws of 1905, chap. 116.] The game warden shall at all times personally supervise the protection and preservation of the large game hereinafter mentioned [buffalo, elk, deer, mountain sheep], within the state, and shall make information before a justice of the peace or other proper officer against offending person, persons or cor- poration, of any viclation of the provisions of this article, of which he has, or may receive creditable [sic] knowledge. He shall be an executive officer, and is hereby = authorized and it is made his duty to arrest, without a warrant, any person or per- sons, found violating any of the provisions of this article, when detected in the act of such violation. When any arrest is made for the violation of any of the provisions of this article, it is the duty of the officer making such arrest to receive and take into his custody any carcass or parts of a careass of any game in this article mentioned, found in the possession of such person or corporation at the time of such arrest, and - at the same time to seize and take into his custody any gun or guns found in the pos- session of such person or corporation. The game warden shall at all times when possible, during the months of September, October, November and December, take — the field in person in the performance of his duties. Liability: [Sxc.] 3080. Whenever the attention of any game warden is called to a violation of any of the provisions of this article within his county, or whenever od ‘oP Ad \ bq 2. eee Die Te wer th) Bie t Ee he ae os wen A S$ a Pen en) aeee. tue ad tg ha ae ri ¥ a ov a> 4, a SOUTH DAKOTA. _ 951 any game warden shall have personal knowledge of any such violation, and he shall fail to take proper steps for the arrest and conviction of any person, persons or cor- ae so violating, he shall be deemed guilty of a misdemeanor. _ Deputies; Compensation; Liability; Oath: [Src.] 3081. The game warden “shall appoint deputy game wardens for his county, whenever necessary to provide | guides as hereinafter provided, or when otherwise necessary. Such deputies shall be residents of the county for which they are appointed. Such deputies shall receive | no stated compensation, but it shall be their duty to immediately report to the | - warden any violation of the provisions of this article of which they have knowledge. | Failure so to do is a misdemeanor and shall subject the delinquent deputy to a fine of not more than twenty-five dollars upon conviction. Such appointments may _ be revoked by the warden at any time. _ Prima facie; Evidence: [Src.] 3088. [As amended by Laws of 1905, chap. 116.] a 3 + * %* The possession of the carcasses, skins, heads or antlers of ith animals, in 7 excess of the number as herein genet [1 elk, 1 buffalo, 2 deer, 1 mountain sheep | in one year], shall be considered prima facie Soke of the violation of the pro- | visions of this section, except when in the possession of an operating taxidermist = for stuffing or mounting. Production of license; Search: [Sxc.] 3090. It shall be the duty of all persons 4 holding licenses to produce the same when demanded by any game warden, deputy j - game warden, sheriff, deputy sheriff or constable. The game warden or any of his . _ deputies are hereby authorized to make, within his or their county, reasonable Seeonation of any tent, wagon, or other place where hunters might conceal game, _ or hunter’s equipment, where reasonable suspicion exists that the pane law is being 4 @ ciated. | Disposition of fees and fines: [Src.] 3093. All moneys received from licenses 4 or from fines shall be paid to the county treasurer of the county wherein the same | are received and by him placed in the game fund of the county. Peace officers; Arrest; Search: [Src.] 3094.. Any sheriff, deputy sheriff or | constable is hereby authorized to make arrests for violation of any of the provisions of this article, and without a warrant, whenever such violation occurs within sight of - such officer, and they are hereby authorized to make search where suspicion exists | that this law is being violated, as in section 3090 provided for game wardens and _ deputy game wardens. _ Confiscation; Sale: [Src.] 3095. * * * Upon conviction [for violation of - the game laws] the gun or guns, carcass or carcasses, seized at the time of the arrest q of such person so convicted shall be forfeited, and the court before whom such con- - yiction is had may, upon due proof, adjudge the same to be forfeited and order the i 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 eee: in the game fund of the county. Jurisdiction: [Src.] 3096. Justices of the peace of the state shall have jurisdic- - tion of all offenses against this article in their respective counties. Separate offense: [Src.] 3097. [Each act of hunting without license or in close _ season is a separate offense. ] Political Code, Art. 25, p. 568. ee County wardens; Deputies: [Sxrc.] 3104. It shall be the duty of the governor of this state on or before the first day of March in each and every year, to appoint one _ person in each of the organized counties of this state as a fish warden, who shalj _ hold such office for the period of one year, or until his successor is appointed and qualified. That the fish warden so appointed shall appoint not to exceed ten per- _ sons who are residents of his county, as his deputies, each of said deputies having _ the same power and authority as vested by this article in said fish warden. GAME COMMISSIONS AND WARDENS. bo Cr bo TENNESSEE. @ Acts of 1905, chap. 455, p. 954. State warden: Sec. 1. * * * That the Department of Game, Fish, and For- — estry be, and the same is hereby, created as one of the departments of the State, and | that the Governor shall on the passage of this Act appoint and commission a citizen of Tennessee as State Warden of game, fish, and forestry, and octennially thereaiter, who shall serve without salary. County and special wardens: Szc. 2. That said State Warden of game, fish, and forestry shall be authorized and empowered to appoint and commission in each county of the State a citizen of said county as County Warden of game, fish, and forestry, and to further appoint special Wardens for the State at large as in his judg- ment the necessity for such appointment may arise. Deputy wardens: Src. 3. That the County Wardens of game, fish, and forestry are authorized and empowered to appoint deputies in such number as in their judg- ment the requirements in their respective counties may demand. Bond; Oath of office: Src. 4. That the State, County, [and] Special Wardens shall each give bond in the sum of five hundred dollars, and the Deputy Wardens in the sum of two hundred and fiity dollars each, for the faithful performance of their respect- ive duties, said bonds to be filed in the Department of Game, Fish, and Forestry. All Wardens shall, on appointment, take the oath prescribed for public officers. Removal of wardens: Sec. 5. That the State Warden may appoint a secretary to conduct the correspondence and detail work of his department, but the salary or compensation of said Secretary shall be paid by the State Warden. When any charge or charges are preferred against any County, Special, or Deputy Warden for malfeasance, misfeasance, or nonfeasance in office, or for any other reason which in the judgment of the State Warden is sufficient, he shall investigate the case and may remove said Warden at pleasure and appoint, or cause to be appointed, another in his stead. Any Warden who shall act, or assume to act, after notice of such removal, shall forfeit his bond. Duties; Compensation: Src. 6. That all Wardens appointed under this Act are hereby constituted conservators of the peace, and it shall be their right, power, and duty to enforce all provisions of Chapter 169, Acts 1903, known as the ‘‘General Game Law;’’ Chapter 118, Acts 1903, known as ‘‘An Act to protect nongame birds;”’ Chapter 91, Acts 1901, known as the ‘‘Written Permission Law;’’ Chapter 121, Acts 1901, known as the law prohibiting the shipment of quail, and all other laws for the protection of the game, the birds, the fish, and the forests of the State as the - same may now exist or hereafter be enacted. All fines, penalties, forfeitures, or licenses collected under any laws which said Wardens are authorized and called upon to enforce shall go to that Warden so acting or making or causing the arrest, or _ securing the conviction, as compensation for his services, and the State Warden shall make to each General Assembly a report of all receipts and disbursements and such other information and recommendations as in his judgment may be necessary and proper. Duties and powers of wardens: Szc. 7. That all Wardens appointed under this Act shall each and every one have and exercise all the rights, powers, and authority of the Sheriffs of the respective counties, with respect, however, only to those laws which they are appointed to enforce and according to the terms of those laws as well as of this Act. They may serve process and have power to make arrests, “The official publication of the laws of Tennessee for 1907 was not available when the bulletin went to press, and as material amendments were made during this ses- sion and their effect upon existing law not known the sectiens are given as published by the State warden in his pamphlet for 1907-8. ey re TENNESSEE. 258 without warrants, of offenders and take them before any Justice of the Peace or Criminal Court, there to be dealt with according to law, and as the nature of the case may demand. a Acts of 1905, chap. 515, p. 1159. 4 s Prosecutions; Compromising cases: Sec. 6. That prosecutions and actions for | penalties under this Act [amending the ‘‘ General Game Law’’], or any other law | for the protection of game, shall be in the name of the State of Tennessee, and must be brought on the order of the State Warden or a Warden appointed under the _ Department of Game, Fish, and Forestry, and in all actions or prosecutions each | bird or animal or part thereof killed or held in violation of law shall constitute a separate offense; and the State Warden may compromise or discontinue cases where | the violations were technical or where, in his judgment, the prosecution or fine | would be oppressive. a Acts of 1903, chap. 118, p. 212. [An act to protect non-game birds of Tennessee. | » i pee ve ee _ Charge to grand juries: Src. 9. That the grand juries of the Circuit and Crimi- | nal Courts of the State shall have inquisitorial authority over all violations of any of q the provisions of this Act, and upon probable cause, shall make presentment without | aprosecutor; and that the Judge having criminal jurisdiction in the various counties _ in Tennessee shall give this Act specially in charge to the grand juries at every term | of the courts. - Acts of 1908, chap. 169, p. 374. | Arrest: Suc. 8. That any Justice of the Peace, upon the sworn statement of any | individual that any of the provisions of this Act? have been, or are being violated, P. shall issue his warrant of arrest directed to any game Warden, Sheriff, Constable or _ other peace officer commanding that said offender be at once arrested and held for | trial, and said ottender shall be tried and if found guilty, punished as herein provided. | _. Sworn statements; Perjury: Szc.10. * * * Any Game Warden, Sheriff, | Deputy Sheriff, Constable or other officer of this State shall have the right to demand | of any nonresident having game in his possession, and which he proposes to take out | of the State, an inspection of said license and sworn statement, and a refusal on the | part of said nonresident to exhibit said license and sworn statement is hereby declared | to be a misdemeanor. a Any person or persons violating this section or any of the provisions thereof shall be guilty of a misdemeanor and upon conviction shall be fined in a sum not less | than $50 nor more than $100 for each offense, and any false swearing in the sworn _ statement herein required shall be punishable as perjury. Acts of 1907, chap. 185. a Arrest; Appeal: Sec. 3. That where any person is arrested for a violation of the | game, fish, and forestry laws of the State, as the same may now exist or hereafter be enacted, it shall be the duty of the Warden making the arrest to take the person or a persons so arrested without delay before some Justice of the Peace, who shall hear _ the evidence and decide the case; and if the person or persons so tried shall be found guilty, then the Justice shall impose the fine fixed by law. Any person so - convicted and fined shall, however, have the right of appeal to the Criminal or Cir- | cuit Court upon giving bond and security for the amount of the fine imposed and | costs, or taking the paupers’ oath and giving an appearance bond. All Wardens shall Pe eye eee = et Haak _ @8ection 5 of this Act authorizes the State Warden to import pheasants or other _ game birds or their eggs for distribution, and to take game at any time for propaga- tion or distribution. _ bThe General Game Law. Game, Fish, and mare Wer Blank forms for said purpose stiall be furiiehed ee. by said department. Nothing herein, however, shall be construed to prevent the — State Warden from exercising the authority already conferred by law by Section 6, 3 Chapter 515, Acts 1905. Summoning witnesses: Sec. 4. That no person shall be excused from testify- ing in any action, suit, or prosecution brought for a violation of the game, fish, and forestry laws upon the ground that his testimony might tend to convict him; but such person shall not be prosecuted for any such offense about which he has been compelled to testify. Where the Department of Game, Fish, and Forestry has been furnished information of the violation of any game, fish, or forestry law, the State Warden may proceed to the place where said offense is alleged to have been com- mitted, and within said county summon and examine under oath witnesses to ascer- tain the facts and to avoid useless and frivolous indictments or prosecutions. Any one so summoned refusing to attend or testify under the provisions of this section or Act shall be subject to a fine of not less than twenty-five nor more than fifty dollars, and witnesses shall be paid by the department the same fees as are now allowed by law. Resisting wardens: Src. 5. That any person or persons who shall threaten with violence, resist, or interfere with a Warden in the discharge of his duties shall be subject to the same penalties now imposed by law upon those who resist or inter- fere with other officers. Commissions: Sxc. 13. That the offices of all County, Special, and Deputy Wardens shal! terminate on the first of July of each and every year, and that it shall be the duty of the Department of Game, Fish, and Forestry to take new bonds on reappointments of Wardens as well as on new appointments. Seizure; Search; Punishment of wardens: Sxc. 17. That the State, County, Special, and Deputy Wardens appointed to enforce the provisions of this or any other Act for the protection of the game, the fish, and the forests of the State are ~ authorized to seize and confiscate any game taken or held in violation of law. Where any Warden has information or has reason to believe that any company, corporation, or other person is concealing game for the purpose of sale, in violation of law, or for shipment beyond the limits of the State, then such Warden may, with a warrant, make search for said game and examine any box, barrel, wagon, car, or cold-storage house, or other place or receptacle where said game is supposed to be concealed. . And any warden who shail maliciously abuse his power or duty or trust in such or any other proceeding, or willfully fail to do his duty, or shall collude with any vio- lator of the game, fish, or forestry laws, to evade same or any part thereof, or shall receive any bribe of money or other consideration of value not to prosecute or enforce any of said laws, shall be Hable, upon conviction therefor, to a fine of not lessthan one hundred nor more than two hundred dollars and imprisonment not exceeding six months. Fines and forfeitures: Sec. 18. That all moneys arising from fines, forfeitures, or prosecutions under any law for the protection of the game, the birds, the fish, or the forests of Tennessee, now existent or hereafter enacted, shall be paid to the Department of Game, Fish, and Forestry, which department shall apply so much thereof as may be necessary to the payment of the expenses of collecting same, and shall pay one-half of the balance, not exceeding $50 in any one case, to the Warden _ upon whose information or at whose instance the action was brought. The balance ~ of such receipts shall be available for expenses in enforcing the various provisions of law for the protection of the game, the birds, the fish, and the forests, and the department shall make a full report to each Pees of all such receipts —_ disbursements. TEXAS. 255 TEXAS. Laws of 1907, H. B. No. 379. ture of the State of Texas: In order that the provisions of this act may be carried out it is hereby provided that the Fish and Oyster Commissioner shall hereafter be known as the Game, Fish and Oyster Commissioner, and in addition to the duties now imposed upon the Fish and Oyster Commissioner, he shal! hereafter perform all the duties imposed by this act and shall have and execute all the additional authority herein provided. Itis expressly provided, however, that nothing in this act shall be construed as in any way repealing any law existing or hereafter enacted relating to fish and oysters and wild game and wild birds, except to change the official titles of the Fish and Oyster Commissioner to Fish, Game and Oyster Commissioner, and fixing his additional powers and duties. _ Duties and powers: Sec. 2. It is hereby made a special duty of the Game, Fish and Oyster Commissioner to enforce the statutes of this State for the protection and preservation of wild game and wild birds, and to bring or cause to be brought actions and proceedings in the name of the State of Texas to recover any and all fines and penalties provided for in the laws now in force or that may hereafter be enacted relating to wild game and wild birds. Said Game, Fish and Oyster Commissioner may make complaint and cause proceedings to be commenced against any person for violation of any of thé laws for the protection or propagation of game or birds without the sanction of the county attorney in which such proceedings are com- menced, and in such case he shall not be required to furnish security for costs. Said Commissioner shall at any and all times seize and take possession of all birds and animals that have been caught, taken or killed, or had in the possession or under control, or have shipped contrary to any of the laws of this State, and such seizure may be made without a warrant. All birds or animals seized by the Commissioner shall be disposed of in such manner as may be directed by any court having com- petent jurisdiction to hear and determine cases for a violation of the game and bird laws of this State. Arrest: Src. 3. Said Game, Fish and Oyster Commissioner shall have the same power and authority to serve criminal process as sheriffs, and shall have the same power as sheriffs to require aid in executing such process. Said Commissioner may arrest without warrant any person found by him in the act of violating any of the laws for the protection or propagation of game or wild birds, and take such person forthwith before a magistrate having jurisdiction. Such arrests may be made on Sunday, and in which case the person arrested shall be taken before a magistrate having jurisdiction, and proceeded against as soon as may be, on a week day fol- lowing the arrest. a Report: Src. 4. Said Commissioner shall at the close of each calendar month file __ with the Secretary of State a report in writing, stating the service performed by him during the last preceding month, including a detached statement of the suits com- menced at his instance and the disposition made of same, and any other particulars he may think proper, and no payment for services performed or expenses incurred by said Commissioner shall be made until he shall present to the Comptroller of Public Accounts, in addition to the usual certificate of performance and payment, a certificate from the Secretary of State that he has made the report required by this act. Chief deputy: Src. 5. Said Game, Fish and Oyster Commissioner shall have power to appoint a chief deputy who shall maintain an office in the Capitol of the State; said chief deputy shall take the constitutional oath of office and shall act as genera! assistant to said Game, Fish and Oyster Commissioner, and during the absence or _ sickness or disability of the Commissioner he shall exercise the duties of said Com- Game, fish, and oyster commissioner: Suc. 1. Be it enacted by the Legisla- — 256 missioner. Said chief deputy shall devote his entire time to the work of his office, — and he shall receive an annual salary of $1,800 and his actual and necessary expenses — incurred by him in the discharge of the duties of his office, to be paid monthly on the warrant of the Comptroller of Public Accounts and on the approval of his accounts — and vouchers therefor. Deputies; Salaries: Src. 6. The said Game, Fish and Oyster Commissioner shall also have power to appoint deputy game commissioners, who shall have the same power and authority as herein provided for the Game, Fish and Oyster Commissioner himself, subject to the supervision and control of and removal by the said Game, Fish and Oyster Commissioner. Said deputy commissioners shall receive $3.00 per day for each day actually spent in the discharge of their duties under the direction of the Commissioner, and their actual expenses necessarily incurred when so employed. To be paid monthly on the warrant of the Comptroller of Public Accounts on the approval of itemized vouchers, verified under oath and certified and approved by the Game, Fish and Oyster Commissioner. The Game, Fish and Oyster Commissioner shall receive in addition to the salary now paid him as Fish and Oyster Commissioner [$1,800], the sum of $700 per annum, and his actual and necessary expenses incurred in the discharge of his duties, to be paid monthly on the warrant of the Comptroller of Public Accounts for the salaries and expenses of the Game, Fish and Oyster Commissioner, his chief deputy and the other deputies herein provided for, and shall not exceed the amount received by the State Treasurer from the sale of hunting licenses and the collection of fines and penalties in cases for the violation of the game and bird laws of this State. And in no event shallthe State ever be liable for the pay of any of the deputy commissioners herein provided for. All funds paid into the State Treasury from the sale of hunting licenses shall be set apart as a special fund as salaries and expenses of said Game, Fish and Oyster Commissioner and his various deputies, as provided for in this act. Provided, that the fund derived from the sale of hunting licenses contemplated by this act shall never be combined with the Fish and Oyster Fund of the State of Texas. Nor shall said Fish and Oyster Fund ever be liable for the payment of any of the expenses contemplated by this act, but shall be kept intact and for the sole purpose of paying the expenses of maintaining the fish and oyster business of Texas as now provided by law, and the said Commissioner and his deputies shall not be paid out of any other funds. Bond of Chief Deputy: Src. 7. The Chief Deputy Game, Fish and Oyster Com- missioner shall, before assuming the duties of his office, file with the Secretary of State, a good and sufficient bond in the sum of $5,000 for the faithful performance of the duties of his office. Report of licenses issued: Src. 9. Atthe close of each calendar month the Game, Fish and Oyster Commissioner shall file with the Secretary of State a report giving in detail the work of his office, together with a correct list of the licenses issued during the preceding month, and shall remit to the State Treasurer for the entire ~ amount of money received for same. Laws of 1907, H. B. No. 345. Separate offense; Common carrier; Examination of packages: Sec. 10. [Prohibits export of game;] provided, that each shipment shall constitute a separate offense, and that such express company, or other common carrier, or its agents, serv- ants or employes shall have the privilege of examining any suspected package for the — purpose of determiniug whether such package contains any of the articles mentioned herein. = Prima facie evidence: Src. 15. Possession at any time of the year during which the game birds and wild fowls of the State are protected herein, shall be prima facie evidence of the guilt of the person in possession thereof. yt 2A P it Va Pe) SE ee Ot Se Ra oy el ph asia ge is ee a ei he Uh ai ae Se stant ys : UTAH. | O57 UTAH. Laws of 1907, chap. 118, p. 150. State fish and game commissioner; Term; Qualifications; Vacancy: _ SEc. 1. That the Governor of the State, by and with the consent of the Senate, shall! appoint a State Fish and Game Commissioner, hereafter called State Commissioner, _ who shall be a resident citizen of the State, and who shall not be a member of any hunting, shooting or fishing club, whose term of office shall be two years and untti _ his successor is appointed and qualified; Provided, that when a vacancy occurs in _ the office of said State Commissioner and the Legislature is not in session, the Gov- _ernor shall have power to fill such vacancy until the next regular session of the Legislature, and he shall have power to remove the State Commissioner at any time _ for cause. _ Salary; Fund; Oath; Bond: Src. 2. The State Commissioner shall receive | an annual salary of one thousand two hundred dollars, together with his reasonable _ and necessary traveling and contingent expenses, not exceeding $300 per annum, to | be paid out of the public treasury, in the same manner as other State Officers, Pro- vided, that as soon as sufficient funds are accumulated in the State Fish and Game _ Fund in the State Treasury the salary of State Fish and Game Commissioner, _ and all chiefs or other game Wardens, shall be paid out of said fund. He shall | before entering upon the duties of his office, take and subscribe to the constitutional oath of office and give a bond in the penal sum of five thousand dollars for the | faithful performance of his duty. Such bond shall be approved by the State Board of Examiners and filed with the Secretary of State. Powers and duties: Src. 3. The State Commissioner shall have control and | supervision of the waters of the State, for the collection, propagation, culture and _ distribution of fish in the State, and shall receive and distribute all game, fish, fish | fry and spawn coming into his hands fairly and equitably among the several - counties. Heshall have full control of all the property of the State obtained or held _ for the purposes contemplated by this act. Propagation, etc.; Report: Srg. 4. It shall be lawful for the State Fish and Game Commissioner or any person appointed by him in writing so to do, to take fish and game of any kind, dead or alive, or in any manner, under the direction of the County Fish and Game Warden, for the purpose of inspection, cultivation, propagation, distribution, scientific or other purposes, deemed by him to be in the interests of the _ fish and game industry of the State. He shall make a detailed report of his official q transactions, including the number and kinds of fish distributed and the locality and name of streams, ponds or Jakes where the same have been placed, and submit such | report to the Legislature during the first week of its ensuing regular session. Fish and game wardens; Bonds; Compensation: Src. 5. After this act shall _ take effect, the State Fish and Game Commissioner shall appoint by, and with the _ approval of the County Commissioners one Chief State Fish and Game Warden in - each county of this State who shall be a resident citizen of the county in which he resides. _ He shall not be a member of any hunting, shooting or fishing club, whose term of R office shall be two years and until his successor shall be appointed and qualified. The _ said Commissioners shall require of each Warden the giving of a bond in a sum not exceeding $1,000.00 for the faithful discharge of his duties and a prompt accounting _ for the payment of any moneys coming into his hands by virtue of his office. Such _ bonds shall run to the people of the State of Utah with surety to be approved by the _ Commissioners, Provided that the Governor by and with the consent of the State Fish and Game Commissioner shall fix the salary of the fish and game Wardens, and provided that no Warden shall receive a salary to exceed $600.00. ~ + . ba te ‘ 258 Duties of commissioner and wardens: Src. 6. It shall be the duty of ee State Commissioner, and also the duty of the Chief Fish and Game Warden to see that all — §aws of the State for the protection of fish and game are faithfully enforced in the | several counties, and for this purpose they respectively are severally hereby given 3 the same powers and authority granted by the laws of the State to and exercised by — sheriffs and constables. The State Commissioner, each of his special deputies and every Chief Warden throughout the State, and every sheriff and constable in his — respective county, is authorized and required to enforce this act, and seize any game — or fish taken or held in violation of this act, and he shall have full power and author- — ity, and it shall be the duty of every such officer, with or without a warrant, to arrest 4g any person whom he has reason to believe guilty of a violation thereof; and if, with- out a warrant, to hold him until a warrant can be procured; to open, enter and — examine all cars, stages, packs, warehouses, stores, outhouses, boxes, barrels and — packages where he has reason to believe any game or fish taken or held in violation _ of this act, is to be found, and to seize the same; and, provided, that if such search or — seizure be made without a warrant, the officer making the same must procure a — warrant therefor as soon as possible during or after the search or seizure; and pro- vided further, that a dwelling house actually occupied can be entered for examination _ only in the pursuance of a warrant. It shall be the duty of the Chief Game Wardens fo report their official acts in detail to the State Commissioner annually during and not later than the first week in December, and oftener if so required by the State Commissioner. Game protection fund: Sec. 14. [Hunting license fees to be paid into the State treasury to the credit of the fish and game fund. | Seizure; Prima facie evidence: Sec. 25. Any person who shall have in his pos- session any game, fish or birds taken unlawfully is guilty of a misdemeanor. All fish or game taken or held unlawfully or shipped or consigned for shipment out of this State shall be seized by the State or any Fish and Game Warden and disposed of to the best interest of the State Fish and Game fund 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 time or period within which the taking or killing or possession of the same is prohibited, shall be prima facie evidence of such unlawful taking or killing or possession, provided it shall be lawful at any time of the year to take any wild birds or the eggs of any wild birds mentioned in this act for scientific purposes under the supervision and authority of the State Fish and Game Commis- sioner; and it shall be unlawful to kill, catch or otherwise take or destroy, and leave to waste, or in any manner to cause or suffer to be wasted, any bird, animal or fish in this act mentioned, or any useful part or parts thereof. Approved March 23, 1907. VERMONT. Laws of 1904, No. 118, p. 160. Fish and game commissioner: Src. 1. There shall be appointed by the gov- ernor, with the advice and consent of the senate, during the present session of the legislature, and biennially thereafter, a state fish and game commissioner, who shall hold office for two years from December Ist of the year of his appointment and until his successor is chosen and qualified. A vacancy occurring in such office shall be filled by the governor. . Salary; Expenses: Src. 2. [As amended by Laws of 1906, No. 153.] The annual | salary of the state fish and game commissioner shall be ten hundred dollars and his _ actual necessary expenses while away from home on official business. He shall also be allowed in the allowance of his accounts his necessary expenses for postage, sta- tionery, blanks, printing, telephone, telegraph, freight and express. Said commis- Ee : = | O59 sioner may employ a clerk at an expense not to exceed three hundred and sixty-five dollars per annum. Propagation: Src. 3. The state fish and game commissioner shall have the care and management of the state fish hatcheries and the propagation of fish and game in the state as is now and hereafter shall be provided by law, and shall enforce the laws relating to the protection of fish and game. ‘ Record; Report: Src. 4. He shall keep a correct account of the proceedings and business pertaining to his office, and shall submit to the legislature biennially a detailed report of which not exceeding two thousand copies shall be printed at the | expense of the state. | Accounts: Src. 5. He shall render to the state auditor an itemized account of all | money expended by him in the care and management of the state fish hatcheries | and in the protection of fish and game, and upon approval of the same, the state _ auditor shall draw an order upon the state treasurer for the amount thereof in favor - of said commissioner. Such order, however, not to exceed in amount the sum appro- _ priated under section 8 of this act. County wardens: Src. 6. [As amended by Laws of 1906, No. 152.] The state - fish and game commissioner shall, annually, in the month of December, appoint at least one and not more than two, fish and game county wardens for each county, and as many deputy fish and game wardens in each county as he may deem necessary. _ Said wardens shall hold office for one year, or until their successors are appointed, and said commissioner may remove such wardens from office and fill vacancies which | may occur. Powers: Src. 7. [As amended by Laws of 1906, No. 152.] Said wardens shall be _ under the direction and supervision of said commissioner, and shall act and incur _ expense only under his direction, and, when so acting, said wardens shall have the same powers as a constable while engaged in and with reference to their work as wardens. Compensation; Reports; Expenses: [Added by Laws of 1906, No. 152, sec. 3.] Said county wardens shall receive two dollars a day and actual expenses while offi- - cially employed. Said deputy wardens shall receive one dollar and a half a day, and actual expenses, while officially employed. Said wardens shall report to said commissioner at such time and in such manner as he may direct. All accounts of ‘said wardens for per diem and expenses shall be upon blanks to be furnished by said _ commissioner and such accounts shall be sworn to by said wardens and when | approved by said commissioner the auditor of accounts shall draw orders therefor. | Appropriation: Src. 8. [As amended by Laws of 1906, No. 153.] The sum of | fifty-five hundred dollars is hereby appropriated annually for the care and mainte- q nance of the state fish hatchery, and for the protection and preservation of fish and § game. If any part of such appropriation remains unexpended at the end of any Se eee ae ee 2 | fiscal year, the unexpended portion shall be carried over and added to the fund for | the following year, and so from year to year. Prosecuting officers: Src. 9. The state fish and game commissioner for the state, | town grand jurors and state’s attorneys shall prosecute for all vioiations of this act. _ Game fund: Sec. 11. All money collected from fines imposed for violations of any law relating to fish and game shall be paid into the state treasurer [treasury] and used for the purpose of this act. Approved December 7, 1904. ft Vermont Statutes, 1894, chap. 96, p. 382. Search: Src. 1954. [As amended by Acts of 1896, No. 35.] A justice may grant a 4 warrant for searching in the day time, a dwelling-house or other place, * * *; fish | or game believed to have been taken contrary to law, or implements or devices for _ taking fish or game, subject to seizure or unlawfully possessed; where the discovery of such articles may tend to convicta person of offense. 4358—No. 28—07——18 260 GAME COMMISSIONS AND WARDENS. Vermont Statutes, 1894, chap. 189, p. 821. Arrest; Notice; Complaint or information: Src. 4573. [As amended by Laws of 1906, No. 152.] County or deputy fish and game wardens may arrest on view, in any place in the state, a person found violating a provision of this chapter, and retain him in custody at the expense of the state, until opportunity is given to a complain- ing or informing officer to institute a prosecution against such offender; and a fish and game warden making such arrest shall immediately give notice to the grand — juror of the town, or the state’s attorney of the county in which the offense was com- _ mitted, or if the offense was committed in an unorganized town or gore, to the grand — juror of an adjoining town or the state’s attorney of the county, and explain the nature and circumstances of the offense charged; and such complaining or informing officer shall forthwith file a complaint or information against such offender and prosecute the same. Investigation; Report: Src. 4574. If a fish and game warden has notice that there has been a violation in his town of any of the provisions of this chapter, he shalb forthwith inquire into the same and he may investigate any violation of the provisions of this chapter in any place in the state; and if he finds that there has . been a violation of any of the provisions of this chapter, he shall state the nature and circumstances of the offence to the grand juror of the town, or state’s attorney of the county in which the offense is believed to have been committed, who shall prosecute the offender. Presumptive evidence: Sxc. 4623. [ Prohibits possession for transportation of any game taken in close season] and possession of such fish or game by a railroad or express company, or other common carrier, within the close season for such fish or game, shall be presumptive evidence that it was taken in this state in violation of law. Laws of 1896, No. 94, p. 74. Presumptive evidence: Src. 1. * * * and the possession of deer or any part thereof, except in the open season, shall be presumptive evidence that the person having it in his possession is guilty of a violation of the provisions of this section. * * * and having in possession any moose or caribou in this State, shall be pre- sumptive evidence that the same was killed in the State contrary to law. . Dogs; Prima facie evidence: Src. 8. [Added by Laws of 1898, No. 108, and amended by Laws of 1904, No. 130.] Dogs of the breed commonly used for hunting deer, moose or caribou, and dogs of other varieties that are known to follow deer, moose or caribou, shall not be permitted by the owner or keeper thereof to run at large in the forests inhabited by deer, moose or caribou; and if any such dog shall be found hunting, pursuing or killing any deer, moose or caribou, it shall be prima facie evidence that said dog was permitted to run at large in said forests and to hunt, pursue and kill deer, moose and caribou, * * *. Laws of 1896, No. 95, p. 75. Seizure: Sec. 1. [Prohibits netting or snaring of birds protected by close season, | and such game may be seized and shall be forfeited to the prosecutor. Presumptive evidence: Src. 2. [Prohibits hunting ducks with artificial lights;] and if a person is found on any public waters of this state, or the shores thereof, after sundown, with a firearm and torch, jack or artificial light, it shall be presump- tive evidence that he is violating the provisions of this section. Approved November 23, 1896. . Laws of 1896, No. 96, p. 76. Prima facie evidence: Src. 1. [Prohibits killing, sale or possession of game birds protected by a close season, except for consumption as food within the state;] and the delivery to or reception by any person or corporation within this State of any such me | VERMONT—VIRGINIA, 261 Laws of 1904, No. 128, p. 167. License; Game fund: Src. 2. Such [nonresident deer hunting] license shall be paved by the fish and game commissioners of the state upon application in writing nd the payment of fifteen dollars; and under such rules and regulations to be estab- shed by the fish and game commissioners as may be required to carry out the intent of his act. Ail money received for such licenses shall be forthwith paid to the state treasurer, an. may be expended by the fish and game commissioners in the pro- tection of fish and game. ' Approved October 21, 1904. ey i. a Laws of 1906, No. 155. Pr License; Game fund: Sec. 1. [ Requires nonresidents to procure a license to hunt ruffed grouse, woodcock, quail, ducks, English snipe, geese, and plover; fee $5; license to be issued by town clerk, who after deducting 25 cents as his compensation, is required to remit the balance to the fish and game commissioner. ] Approved December 18, 1906. VIRGINIA. Code of 1904, title 27, chap. 95, p. 1041. Seizure; Disposition of seized property; Prima facie evidence: Src. 2070a [As amended by Acts of 1906, chap. 237.] * * * All sneak boats, nets, traps or reflectors or other unlawful appliances so used [in killing any game] or found in the possession of any person shall be seized by any game warden or other officer and 1eld by him as evidence, but the same shall not be destroyed except by the order of Pe court or justice having jurisdiction, upon warrants duly issued, which said court or justice shall, upon satisfactory evidence of the guilt of the party, or of the unlawful ature of the article seized, order the same to-be destroyed. ‘The possession of any of said guns, sneak boats, nets, traps, reflectors, or other unlawtul appliances shall e prima facie evidence of the guilt of the person in whose possession they are * * * The possession of any of said game birds or game animals, or parts thereof, protected by the laws of this State, during the season in which it is unlaw- to hunt, kill, chase, or capture the same, shall be prima facie evidence of the guilt of the party in whose possession they are found. * * * ‘City and county wardens: Sxc. 2070b. It shall be the duty of the city or cor- poration court of the cities, or the judges thereof, in vacation, on the application of five resident freeholders of any city, to appoint two suitable persons in such city as same wardens, whose jurisdiction shall be confined to their respective cities, and wh ere the board of supervisors of any county shall, by resolution of record in the binutes of said board, request the judge of the circuit court for said county so 9 do, the said judge shall, upon the application of five resident freeholders of any terial district in said county, appoint one suitable person in such magisterial istrict as game warden, whose jurisdiction shall be confined to said magisterial dis- tr ic ict; when the said appointment is made by the judge, in vacation, he shall certify e same to the clerk of his court, who shall enter the same in the order book of his 4 in the same manner as if made in term. Term: (2) The said wardens shall hold office for the term of four years from the late of their appointment, unless sooner removed from office, and shall qualify portre to law. wers; Duties; Arrest; Trial; Warrant: (3) It shall be the duty of said a es CS a eee 262 GAME COMMISSIONS AND WARDENS. ‘ ES “a wardens to enforce all statutes of this State, and of the United States now in force, or . hereafter to be enacted for the protection and propagation of wild water fowl, game — birds, and game animals or song or insectivorous birds. The said wardens shall have © power, and it shall be their duty, to arrest any person detected by them in the act of violating any of the aforesaid laws, or any person against whom a warrant shall have — been duly issued, upon the information of any other person for such violation, and — forthwith to carry such person before a justice or court having jurisdiction over the — offense, who shall proceed, without unreasonable delay, to hear, try, and determine > the charge against such person. No game warden shall have any right, under this — act, to go upon the land of another person without the consent of such other person, — until and unless such game warden shall have procured a search warrant in con-— formity with the provisions of subsection five of this section, or shall have a warrant — for the arrest of some person thereon: provided, however, that such game warden — may, without a warrant, arrest any person who violates any of the provisions of this — chapter in the presence of such game warden, and should any person violate any of — the provisions of this chapter in the presence of such game warden, such game © warden may lawfully follow such person anywhere in the effort to arrest. _ Oyster police; Reports; Fees: (4) Theseveral commanders of the oyster police — boats of this Commonwealth are hereby constituted game wardens of this State, whose jurisdiction as such wardens shall extend over the lands and waters of this Common- wealth within their several jurisdictions as commanders. They shall enforce the statutes of this State, and of the United States, for the protection of game or other animals cr birds protected by law, and render report to the board of fisheries of all prosecutions, and the said board of fisheries shall publish the same in their annual report as information. The commanders of the said oyster police boats shall receive — no additional compensation for the performance of these duties, except that in cases of conviction they may receive the fee provided for in subsection eight of this section. Search: (5) Any court, judge, or justice having jurisdiction over the offense, if satisfied upon affidavit that there is reasonable cause to believe that any wild water fowl, game birds, game animals, or song or insectivorous birds, or parts thereof, caught, taken, killed, shipped, or about to be shipped, or in transit, contrary to the laws of this State, or of the United States, are being concealed or stored in any place, shall issue a search warrant and cause search therefor to be made in any such place, and to that end may, after demand and refusal, cause any building, enclosure, or car — to be entered, and any apartment in which it is believed that game is concealed, i to be examined by any of said wardens or other officers executing the warrant: provided, that the issuance and execution of such search warrants shall be in accord- ance with the issuance and execution of search warrants in other cases, as provided - by law. Seizure; Disposition of hunting appliances: (6) All game animals, wild water fowl, and birds protected by law, or parts thereof, found under such warrant, shall be — seized by the warden or other officer making the search, and shall be disposed of as © the court, judge, or justice having jurisdiction may direct. All guns, gunning, or : hunting appliances found in such search shall be seized by said warden or other © officer, and held subject to the payment of the fine prescribed by law for the offense | charged, and the cost of prosecution. If any of the articles so found be such as are — not authorized by law, they shall, upon the order of the court, judge, or justice hay- — ing jurisdiction, be destroyed, and all other of such articles shall be sold at public — auction, after the lapse of twenty days from the time of seizure, and after such notice — as the court, judge, or justice having jurisdiction may prescribe, unless the reputed } owner appears and acquits himself of the charge or pay the fine that may be imposed ~ by the court, judge, or justice. ‘ Resisting officers: (7) Any person or persons interfering with any of said game | wardens in the discharge of their duty, or resisting lawful arrest, shall be deemed | VIRGINIA. 263 ty of a misdemeanor, and on conviction thereof shall be fined not less than five ars nor more than fifty dollars. isposition of penalties; Wardens’ fees: (8) All fines and penalties imposed and collected under the provisions of this chapter shall be paid to the Commonwealth, and in addition to said fines and penalties there shall be assessed against the offender | i every case of conviction, under the provisions of this chapter, a fee of two dollars and fifty cents, which shall be collected as fines are collected under the general pro- sions of law, and be paid to the warden who shall secure the conviction. _ Neglect of duty: (9) If any warden appointed under this section shall refuse or wilfully neglect to prosecute any person violating any of its provisions, or any of the | laws of this State relating to wild water fowl, game birds, or game animals, or song | or insectivorous birds, his appointment shall be revoked by the court having juris- | diction, and such warden shall be deemed guilty of a misdemeanor, and upon con- ction thereof, shall be fined not exceeding twenty dollars, and the vacancy thus ereated shall be filled by the court or judge, in vacation. ' License fees; Payment of wardens; Reports; Restocking covers: (10) All money paid to or collected by clerks of courts as hunting licenses shall constitute a od for the payment of the said regularly appointed game wardens of this State, as erein provided, and the clerk shall, after deducting a fee of fifty cents for issuing ch license, on the first of April of each year, pay in equal amounts to the said war- den or wardens of his county such sum as may be in his hands arising from the issu- | ance of such licenses: provided, that no one warden shall receive more from this | source than three hundred dollars in any one year, and shall make return to his court a detailed statement of such receipts and disbursements: provided, that in the counties of Accomac and Northampton the circuit court for said counties shall appoint, on the recommendation of the Eastern Shore Game Protective Association, the game wardens of the said counties, who shall make report at regular intervals to said association as its laws shall provide, and the said clerks of the courts of said counties, upon the order of said association, shall distribute among the game wardens for said | counties, or as may have been agreed upon by contract between the said association | and said wardens, or in proportion to the services which in their judgment have been rendered by them, respectively, the fund arising from the license of non-residents provided for in this chapter, or so much thereof as may be necessary. Should there be any surplus remaining after providing an efficient system of game protection in said counties from the license on non-residents above mentioned, said association may t se it for restocking said counties with game. The clerk shall pay to the treasurer | of said association such sums as may be thus extended, paying any amounts not a ia needed for the purpose above mentioned to the auditor of public accounts, as pro- | vided in section twenty hundred and seventy ‘‘c.”’ a Written permission; Informers; Forfeiture: Src. 2072. If any person shoot, hunt, range, or fowl on the lands or in the water courses comprehended within the survey of any proprietor of lands in the counties of Alexandria, Fairfax, Prince Wil- | liam, Stafford, and King George, and within five miles of navigable tidewater, with- out license in writing from the owner or tenant of said lands, he shall, besides being liable to such owner or tenant in an action for damages, forfeit to the informer three dollars for the first offense, six dollars for the second offense, and nine dollars for each succeeding offense, the forfeiture in each case to be double if the offense be com- ‘mitted in the night or on Sunday; and he shall likewise forfeit to the informer in he each instance his boat or other means of conveyance, his guns, dogs, and all his shoot- ‘ing and hunting apparatus used in the commission of the offense, and be liable for all costs and expenses incurred in apprehending and prosecuting him for the recov- e ery of said forfeiture. Seizure; Disposition of seized property; Imprisonment: Src. 2073. Any person violating either of the two preceding sections may be arrested, and the prop- — —— 264 GAME COMMISSIONS AND WARDENS. erty forfeited under the last section may be seized with or without warrant hy oa sheriff or constable, or any game warden of the Commonwealth within their respec- tive jurisdictions, and held to await judgment. The offender shall be carried before a justice of the county in which the offense was committed, and a report be made to him of the property, ii any, seized. The justice shall proceed to try the case and give judgment thereon. If judgment be rendered against the offender, it shall be for the forfeitures, pecuniary and otherwise, and the costs and expenses incurred, and any property seized,,adjudged to be forfeited, shall be delivered to the person entitled to the forfeiture in part satisfaction of the judgment. If the offender does” not satisfy the judgment in full, the justice shall commit him to jail for one month, - unless such satisfaction be sooner made. If the offender be acquitted, any property seized shall be released. =| Recognizance: Sec. 2074. If a person be convicted a third time of any of the offenses mentioned in this chapter, the justice rendering judgment therefor shall require him to give a recognizance, with sufficient surety, for his good behavior for a year; and if he fail to give such surety, commit him to jail for one month, unless: he sooner give it. Such recognizance shall be deemed to be forfeited if such person — commit any of the said offenses within the time limited in the recognizance. : WASHINGTON. Supplement to Ballinger’s Codes and Statutes, 1899-1903, p. 599. d State warden: [Src.] 7363a. There is hereby created the office of state game warden, and the state fish commissioner @ shall be ex-officio such officer. Powers; Duties; County wardens: The state game warden shall have full con- trol and supervision over all county game wardens appointed in pursuance to any statute now existing on the statute books of this state, and may have the power to appoint said county game wardens special deputy fish commissioners for the county | in which said county game wardens may reside and shall have general supervision over the enforcement and execution of all laws of this state for the protection of | game animals, game birds, song birds and game fish, and shall have all the authority | and powers as a peace eS conferred on county game wangere by any law of this state. Report: The said state game warden in connection with his report as said fish commissioner, shall annually, on December first, report to the governor of this state” a full account of his actions as said state game warden; also the operation and result | of all laws pertaining to the protection of game animals, game birds and game j fish. Saeco County wardens; Peace officers; Forest rangers; Search: [Src.] 7364. It; is hereby made the aac. of every game warden so appointed, [by county commis- 4 sioners] and évery sheriff, deputy sheriff, constable, city marshal and police officer, | within their respective jurisdictions in the state of Washington, to enforce all the | provisions of this act, and all laws for the protection of game birds and animals, fish” and song birds, and such sheriffs, deputy sheriffs, constables, city marshals, police | officers, or any forest rangers appointed by the United States Government, and each | of them, by virtue of their election and appointment, are hereby created and con-— stituted ex-officio game wardens for their respective jurisdictions, and they and each” of them, and each and every game warden so appointed, under the provisions of the” preceding section, shall have authority, and it shall be their duty to inspect all | depots, warehouses, cold storage rooms, storerooms, hotels, restaurants, markets and — i 4 : 7 «Fish commissioner appointed by the governor for four years, under a bond of $5,000, at a salary of $2,000 per annum and allowed $1,000 per annum for traveling | expenses. May apply to the attorney general for his opinion upon any law er his official duties. . WASHINGTON. 965 ll packages or boxes, held either for storage or shipment, which they shall have _ reason to believe contain evidence of the infraction of any of the provisions of this act. And if, upon inquiry said officer discovers that sufficient evidence exists to ustify the same, he shall at once instistute proceedings to punish the alleged offenders. Arrest; Trial; Prosecuting officer: [Sxc.] 7366. Any game warden appointed under the provisions of this act, any sheriff, deputy sheriff, city marshal, constable or police officer, forest ranger, may, without warrant, arrest any person by him found _ violating any of the provisions of this act, or any other act or acts hereafter enacted and enforced, at any time for the protection of game, fish and song birds, and take such person or persons before a justice of the peace or municipal judge having juris- - diction, who shall proceed without delay to hear, try and determine the matter, and _ give and enter judgment according to the allegations and proof. All such actions _ shall be brought in the name of the state of Washington and shall be prosecuted by the prosecuting attorney of the respective counties. Presumptive evidence: [Sxrc.] 7371. * * * Possession of any of the animals or game birds mentioned or named herein, [deer, moose, caribou, antelope, mountain sheep, mountain goat, quail, Chinese or Mongolian pheasant, grouse, native pheasant, _ ptarmigan, partridge, prairie chicken, sage hen, wild duck, goose, swan, brant, sand- | hill crane, snipe, rail, and plover] or any of the meat of the same, except the number ‘3 of ducks, geese, brant or snipe permitted to be taken during the month of November | of any year, shall be presumptive evidence that said animals, birds, or the meat of _ the same was unlawfully taken by the person having possession of the same, and upon conviction thereof shall be punished as hereinafter provided; * * * ; Game protection fund; Satisfaction of judgment: [Src.] —. All moneys _ received and all fines collected under this act shall be paid to the treasurer of the - county in which the suit, action or proceeding shall have been commenced and placed by him in the game protection fund to be used for the protection or propagation of game in said county, and the prosecuting attorney, justice of the peace or judge _ of any county, upon the payment of any fine or judgment, may satisfy the same of fm record for thestate. * * * SP mye) | ie { | oF i, \ ¢ Laws of 1905, chap. 172, p. 349. Chief deputy; Compensation; Certificate; Duties: Src. 1. The state game warden shall appoint one chief deputy state game warden, who shall hold his office during the pleasure of the state game warden, and shall receive a salary of fifteen - hundred dollars ($1500) per year, to be paid in monthly installments, by the state _ treasurer on warrant drawn by the state auditor, and shall be allowed his actual 7 expenses of travel in the performance of his duty, not to exceed the sum of seven | 4 hundred and fifty dollars ($750) in any one year; and no payment of salary or tray- 4 eling expenses shall be made by the state auditor to said deputy state game warden, | except upon certificate of the state game warden, that the vouchers of the deputy state game warden are correct, that the services have been faithfully rendered and _ the money for traveling expenses actually expended. The duties of the chief deputy game warden shall be to enforce all the provisions of law in reference to the protec- tion of game and to prosecute all violations of law in reference thereto, to direct and supervise all acts of county and special deputy game wardens, and to use all lawful | ways and means to protect game and to encourage and secure the propagation q thereof. _ County wardens; Salary: Src. 2. The county commissioners of the respective - counties of the State of Washington are hereby empowered and authorized to and _ shall, upon application in writing of one hundred resident freeholders and taxpayers _ of said county, appoint a suitable person, who shall be a resident and qualified _ elector of said county, as game warden of such county, who shall be vested with all — 266 GAME COMMISSIONS AND WARDENS. the authority of a sheriff to perform the duties prescribed by the laws of the State of | Washington for the protection of game animals, game birds, song birds and game ~ fish. Such game warden, so appointed, shall receive a salary of not less than twenty- five dollars ($25) nor more than one hundred dollars ($100) per month to be paid ~ monthly out of the game protection fund of such county. q Powers; Special wardens; Oath; Responsibility: Src. 3. All county game — ‘ wardens shall be ex-officio deputy state game wardens, and shall have the same powers in the enforcement of the game laws of the State as the chief deputy state game war- den, and shall be under the direction and supervision of the chief deputy state game warden. County game wardens shall have power to appoint special game wardens for his county, such special game warden shall receive no salary but shall have same _ authority as other game wardens; county game wardens before entering upon their duties shall take and file with the county auditor of his county the oath of office as prescribed for other county officers, and shall be held responsible for neglect, or non- performance of his duties, and the county commissioners of any county may remove the county game warden at any time for neglect or non-performance of duty. Approved March 13, 1905. Laws of 1905, chap. 147, p. 277. License fees; Fines; Game fund: Sec. 1. [Establishes resident and nonresi- dent licenses.] * * * The county auditor shall pay to the county treasurer all such fees collected by him, to be placed in the game protection fund, to be used by the county commissioners for the propagation and protection of game in said county, and the state auditor shall pay to the state treasurer all such fees collected by him to be placed in the game protection and propagation fund. All fines collected under the provisions of this act shall be paid to the county treasurer of the county in which said fines are collected, and placed by him in the game protection fund. State fund: Src. 2. There is hereby created a State fund, which shall be used only for the protection and propagation of game animals, game birds and game fish in this State. Approved March 7, 1905. WEST VIRGINIA. Code of 1906, chap. 62, p. 1122. Game and fish warden; Salary; Mileage; Deputies; Compensation: Sec. 2794. That it shall be the duty of the governor to appoint some person, a resi- dent of this State, to the office of game and fish warden. Said warden shall hold his office for four years or until his successor has been appointed and qualified, unless re- moved for cause by the governor. He shall receive for his services the sum of one thousand ($1,000.00) dollars a year, to be paid out of the treasury, quarterly, after being duly audited; and shall be allowed mileage of three cents a mile while traveling by railroad or steamboat,and ten cents a mile while traveling otherwise than by railroad or steamboat, for the distance necessarily traveled for the purpose of enforcing this act: provided, always, that the mileage expenses of said warden shall be reported quarterly under oath, to the governor, and approved by him, and he also shall have the power to fix and limit from time to time the amounts to be so expended. Said game and fish warden shall select such person or persons as he may deem fit, includ- ing any sheriff, deputy sheriff or assessor, to act as deputy game and fish warden in the several counties of the State, and if approved by the governor, he shall appoint | | them deputy game and fish wardens. The deputy game and fish wardens shall receive ior their services the fines“ accruing from such prosecutions as may be insti- «The constitutionality of this provision has been questioned in a case now before the supreme court of the State. ' . a WEST VIRGINIA. “DEL - ta tuted by them respectively, but no money shall be paid to them out of the treasury of the State. They shall hold their offices at the pleasure of the game and fish _ warden. - Duties: Sec. 2795. It shall be the duty of the game and fish warden and of his said deputies * * * to enforce the statutes of this State for the preservation of - fish and game, and to enforce all other laws of this State for the protection and propa- r gation of birds, game and fish, now in force or hereafter enacted, and to bring or cause to be brought, and to prosecute or cause to be prosecuted, actions and proceed- ings in the name of this State to punish any parties for the violation of said statutes and laws. _ Powers; Search; Prima facie evidence; Seizure: Src. 2796. Said warden and _ deputies may make complaint and cause proceedings to be commenced against any | _ person or persons for the violation of game and fish laws without the sanction of the | prosecuting attorney of the county in which such proceedings are commenced, and - insuch cases they shall not be obliged to furnish security for costs. Said warden and deputies may also appear in any court of competent jurisdiction in this State in any case for violation of any of the laws for the protection or propagation of fish or game, and prosecute the same in the same manner and with the same authority as | the prosecuting attorney of the county in which such proceedings are commenced. _ And in’such case, he may, in the event of the refusal or neglect of the prosecuting attorney to act, employ an attorney of his choice, and to such attorney, or to the | _ prosecuting attorney, if he shall act, there shall be taxed in the costs upon conviction a fee of ten dollars in each case. Said warden and deputies shall have power to | search any person and examine any boat, conveyance, railroad car, vehicle, fish-box, _ fish-basket, game-bag or game-coat, or any other receptacle for game or fish, when they have good reason to believe that they will thereby secure evidence of the viola- tion of the laws; and any hindrance or interference, or attempt at hindrance or interference with such search and examination, shall be prima facie evidence of a violation of the law by the party or parties who hinder or interfere with, or attempt _ to hinder or interfere with such search and examination. Said game and fish warden and deputies shall at any time and at all times 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 of the laws of this State. Such seizure may be made without a warrant. Any court having jurisdiction of the offense, upon receiving proof of probable cause for believing in the concealment of any bird, animal or fish caught, taken, killed, had in possession, under control, or shipped contrary to any of the laws of this State, shall issue a search warrant, and cause a search to be made in any place, and to that end may cause any building, enclosure or car to be entered, and any apartment, chest, bar locker, crate, basket or package to be broken onen and the contents thereof examined by said game or [and] fish warden. All birds, _ animals or fish, or nets or fishing appliances or apparatus, seized by the said game and fish warden or any of his deputies, or other officer or officers, shall be disposed of in such a manner as may be directed by the court before whom the offense is tried, or by any court of competent jurisdiction, and the proceeds of any sales, after deducting all legal costs, shall be paid into the treasury of the State. Process; Arrest; Sunday: Sxc. 2797. Said game and fish warden and his depu- ties shall have the same power to serve criminal process as sheriffs, and shall have the same right as sheriffs to require aid in executing such process. Said warden and deputies may arrest without warrant, any person caught by him or them in the act of violating any of the aforesaid laws for the protection or propagation of birds, game or fish, and take such person forthwith before a justice of the peace, or other magis- trate having jurisdiction. Such arrest may be made on Sunday, in which case the 268 GAME COMMISSIONS AND WARDENS. person arrested shall be taken before a justice of the peace, or magistrate having 3 jurisdiction, and proceeded against as soon as may be, on a week day following the ~ arrest. x Reports of deputies: Src. 2798. Every deputy warden shall at the close ofeach calendar month report in writing and in detail to the game and fish warden the _ service performed by him during the last preceding month, including an account of _ the suits commenced at his instance, and the amount of money received by him for fines imposed for a violation of the provisions of this chapter. Report of warden: Src. 2799. Said game and fish warden shaJl, in the month of December of each year, file in the office of the secretary of state a report in writing stating in detail an account of the suits instituted by him and his deputies, the amount of fines imposed for violation of said provisions, and the amount of fines collected. — ‘The secretary of state shall cause said reports, or so much thereof as may be of inter- est to the public, to be transmitted bi-ennially to the legislature when in session. Resisting officers: Sec. 2800. Any person who hinders, obstructs or interferes with, or attempts to hinder, obstruct or interfere with said game and fish warden, or any of his deputies, in the discharge of any of their duties, shall be deemed guilty of amisdemeanor, * * * Jurisdiction; Prima facie evidence: Src. 2759. [Protects deer, wild turkeys, quail, etc.] Any justice of the peace of the county, wherein the offense was com- mitted, shall have concurrent jurisdiction of all offenses under this chapter with the circuit court of the county. Any person found with any recently killed venison or fresh deer skins, wild turkey, quail, pheasant or ruffed grouse, in his possession during the time when the killing of deer, wild turkey, or quail, pheasant or ruffed grouse is prohibited by this chapter, shall be presumed to have killed the same; and the reception by any person within this State of any deer, wild turkey, quail, pheasant or ruffed grouse for shipment toa point without the State shall be prima facie evidence that the said deer, wild turkey, pheasant, or ruifed grouse, were killed within this State, for the purpose of carrying the same beyond its limits. Clerks; Market masters; Peace officers; Duties; Liability: Src. 2785. [ Pre- scribes close seasons for game birds, limits bag, and prohibits trapping and use of swivel guns and other devices.] And it is made the duty of the clerk or market master of any city, town or village, within this State, to diligently watch and arrest all persons violating the provisions of this act by having any game or fish, mentioned therein, unlawfully in their possession or vending the same during any of the periods prohibited by this act. And it shall be the duty of the sheriff and his deputies in each county of the State, the chief of police and his deputies in each town or city within the State, and constables of the counties, to inform against and prosecute all persons who, there is probable cause to believe, are guilty of violating any of the provisions of this act. And if any of the aforesaid officers, who shall have been reliably informed that any part of this act has been violated, fail to prosecute the offender they shall be guilty of a misdemeanor, and fined a sum not exceeding 4 twenty dollars. : Prima facie evidence: Src. 2789. [Prohibits possession and sale of game bird in close season,] and the possession of such birds or game, shall be prima facie eyi- dence that the same were killed or caught by such person or persons, having posses- sion cf the same, unlawfully within the State of West Virginia. * * * Prosecutions; Attorney’s fee; Witnesses; Exemptions: Sxc. 2791. All prose- cutions under this chapter shall be in the name of the State of West Virginia, before any court, justice of the peace, mayor, or other officer haying jurisdiction, and in any case in which the prosecuting attorney of the county appears, afee of ten dollars shall be allowed to him to be taxed as part of the costs. And every person called as a witness to any violation of any of the provisions of this act shall be compelled to P=, €.”. i,” J ere i Se) ee j el Seas ee - a ’ & eer re 5 ea WEST VIRGINIA—WISCONSIN. 269 testify fully, but his testimony shall not be given in evidence against him, in any _ prosecution for such offense; and no person against whom such witness shall so testify, _ shall be competent as a witness for the State in the prosecution against such witness for the same offense or matter as to which said witness so testified, or for any like offense committed by such witness, before the commencement of the prosecution in which he is examined as such witness. License fees; Production of license: Src. 2792. Said license fee [nonresident] to be turned into the treasury of the State. Every person claiming to hold a hunter’s license shall produce the same for inspection whenever required by the prosecuting attorney, sheriff, justices of the peace, assessors or constables of the county, or game and fish warden, deputy warden, or owner of the land on which such licensee should then be hunting, and if he fail or refuse, to do so, shall be guilty of a misdemeanor, x * * WISCONSIN. Sanborn & Berrymans Annotated Statutes, 1898, chap. 62, p. 1108. State warden; Duties; Salary; Expenses: Src. 1498. [As amended by Laws of 1903, chap. 410.] The Governor shall appoint a state fish and game warden who shall hold his office for the term of two years from the date of his appointment and until his successor is elected and qualified, unless sooner removed; and any vacancy occurring during said term shall be filled by the Governor for the residue of the term. It shall be the duty of said warden to secure the enforcement of the law for the pres- ervation of fish and game and to bring or cause to be brought actions and proceed- ings in the name of the state to recover any and all fines and penalties provided for. _ [He isalso required to perform the duties of fire warden.] Such warden shall devote all his time to the duties of his office and shall receive a salary of eighteen hundred dollars per year and his actual expenses and disbursements to be paid upon vouchers therefor approved by the Governor, to be paid out of the fund known as the hunting license fund. Special deputies: Src. 1498a. [As amended by Laws of 1901, chap. 358.] The said warden may appoint, by and with the approval of the Governor, two special deputy wardens for each congressional district. He may also appoint as many additional special deputy wardens as may be necessary to carry out the provisions of this act. County wardens; Compensation: Src. 1498b. [As amended by Laws of 1899, chap. 312.] Whenever the county board of any county shall by resolution author- ize the appointment of county wardens, and shall fix the number of the same it shall be the duty.of the county judge, district attorney and county clerk, acting as a board of appointment, to select the persons for such positions and certify their - names to the state fish and game warden, who shall, if in his judgment such persons ~ will make competent and efficient deputy wardens, issue commissions as deputy wardens to such persons so designated. The compensation of each of said deputy wardens so appointed for such county shall be fixed by the board appointing the same, and be paid out of the county treasury the same as salaries of other county officers. Process; Arrest; Seizure; Disposition of seized property: Src. 1498c. The warden and his deputies shall each have full authority to execute and serve all war- | rants and processes issued by any justice of the peace or police magistrates or by any court having jurisdiction under any law relating to fish and game, in the same man- ner as any constable may serve and execute such process, and arrest without warrant any person by him detected in actually violating any of the provisions of the law _ relating to fish and game, and may take such person so offending before any court and make proper complaint. It shall further be the duty of such warden and his deputies, upon receiving information that any law relative to fish and game has been 270 GAME COMMISSIONS AND WARDENS. — violated, to immediately cause a thorough investigation to be made and proceed- ings to be instituted if the proof at hand warrants. Such warden and his deputies may seize and forthwith destroy any and all apparatus designated by any law relating to fish and game to be a public nuisance. It shall be their duty to seize and confis- cate in the name of the state any fish or game caught, killed or taken in violation of any law or had in possession contrary thereto, to sell the same at public auction and pay the proceeds to the state treasurer, less the expenses of such seizure and sale. It shall also be their duty to seize and hold subject to the order of the court all apparatus, appliances or devises which either of them shall have reason to believe is being used in the violation of the fish and game law, and which is not designated by law as a public nuisance, and if it be proven that the same is or has been, within six months previous to such seizure, used in violation of law the court before which the said apparatus, appliance or device is taken may order the destruction or sale of the same to the highest bidder, after having declared it confiscated to the state. If sold to the highest bidder the warden or deputy selling it shall remit to the state treasurer the amount received therefor, less the expense of seizure and sale. Peace officers: Src. 1498e. All sheriffs, deputy-sheriffs, coroners and police officers are ex officio deputy fish and game wardens, and it shall be the duty of each of them to assist the state warden or his deputies in the enforcement of the fish and game law upon notice being given to either of them that a violation of law has been brought to the attention of such warden or either of his deputies. Attorney-general: Src. 1498f. The attorney-general and his assistants shall advise the state warden concerning the discharge of his duties and assist him in the enforcement of the fish and game law, aid in the prosecution of cases arising under such law or in which said warden or any of his deputies shall be interested as such officers, and conduct the prosecution when for any reason said warden shall deem such prosecution necessary; assist him in the investigation of matters relative to the law protecting fish and game and the violations thereof in such manner and at such times as shall be necessary. 5 District attorney: Src. 1498¢g. It shall be the duty of every district attorney to prosecute actions for violations of the law relating to fish and game, when complaint is made by the state fish and game warden or any deputy, if his presence at the trial of such offender against such laws shall be deemed necessary by the magistrate before whom the same shall be brought. Disposition of fines; Game fund: Sxc. 1498h. [As amended by Laws of 1899, chap. 312.] The fines collected under the laws regulating the taking, possession, killing or transportation of fish and game, including the violations of the acts rela- tive to the granting and holding of licenses to hunt certain game, shall be paid by the magistrate to the county treasurer, and one-third of said amounts so received as fines shall be by said treasurer designated and set apart as a fund for the protection of fish and game and to reimburse the county for the moneys which it shall expend for the enforcement of the fish and game laws. Nonliability: Src. 1498}. In the performance of his duties as warden or deputy warden each of them shall be exempt from any and all liability to any person for acts done or permitted or property destroyed under and by virtue of the authority of law. Public nuisance; Seizure; Sale of seized game: Sxc. 1498k. It shall be the duty of the warden, each of his deputies and of every sheriff, deputy-sherifi, con- stable or other peace officer to destroy forthwith any article or thing declared by law to be a public nuisance when found or taken in the unlawful use which, according to law, makes the same a public nuisance; and no liability shall be incurred to the owner or any other person for such destruction. Said warden and each of his deputies may seize and take possession of, in the name of the state, any fish, venison, birds, fowl or game caught, taken or killed or had in possession contrary to the pro- WISCONSIN. it visions of law relative to fish and game; and such fish, venison, birds, fowl or game caught, taken or killed or had in possession contrary to the provisions of law are hereby declared to be contraband and shall be sold @ by the warden or his deputy to the highest bidder; and any person purchasing the same shall have the right to use, or dispose of the same in the same manner as though the said fish, venison, birds fowl or game had been caught, taken, killed or were had in possession in accordance with the provisions of law, anything to the contrary notwithstanding; * * *, The right to have in possession and dispose of such fish or game so seized and sold shall expire five days after the date of the sale, and the protection to the purchaser given by this section shall then cease. [Last sentence added by Laws of 1899, chap. 312.] Report: Src. 14981. [As amended by Laws of 1899, chap. 312.] On or before the thirty-first day of December in each year the state fish and game warden shall report to the governor the transactions of his department, including the work of himself and deputies and such other information as may be valuable to the state concerning the enforcement of the fish and game laws during the year preceding. Public nuisances; Destruction: Src. 14980. [As amended by Laws of 1899, chap. 312.] The following are declared to be public nuisances: 4, Any nets spread upon or under the surface of any of the waters of the state which shall or might entrap or ensnare any wild fowl of any kind. 5. Any trap, snares, spring gun, set guns or other device or contrivance which might entrap, ensnare or kill any animals, birds or water-fowl protected by law. 6. Any boats, lamps or lights when used in the unlawful taking or attempting to take fish or game. 7. Any pivot or swivel gun or other firearm, not habitually held at arm’s lone and discharged from the shoulder, while the same shall be in unlawful use. + * * * * * %* 9. Any boat, floating raft, box or blind set in open water or outside a natural growth of grasses or rushes sufficiently high to conceal the boat, raft or blind, or an artificial blind set in open water for the unlawful pursuit, hunting or shooting of any wild duck, goose or brant. 10. All decoys set in any of the waters of the state, during the close season for the hunting of any variety of water-fowl as prescribed by law, and any decoys set in the water more than two hundred feet from the cover, which said cover shall be construed to mean the weeds, rushes or other vegetation in which the hunter may locate, or any place in which the hunter shall wholly or partially conceal himself. 11. The unlawful use of any of the articles mentioned in this section, contrary to the provisions of law, shall forfeit the same to the state, and upon their being found under any of the conditions which shall render them public nuisances as specified herein they may be immediately destroyed. Examination of license records: Sxc. 1498t. [As amended by Laws of 1899, chap. 312.] The state fish and game warden, or either of his deputies may, at any time examine the records of licenses issued by county clerks. Annotated Statutes, 1898, chap. 185, p. 27538. Decoys; Hunting license fund: Sxc. 4563b. [As amended by Laws of 1903, chap. 437, prohibiting use of more than 25 decoys in hunting aquatic fowl.] All de- coys used in violation of the provisions of this section are hereby declared to be contraband, and may be seized and sold to the highest bidder under the direction of the game warden, and the net proceeds of the sale to go into the hunting license sob A ign dSee Act of 1907. oT? GAME COMMISSIONS AND WARDENS. Confiscation of guns, &c.: Src. 4565c. [As amended by Laws of 1905, chap. ee 514. Establishes close seasons for rabbits, squirrels, and fur-bearing animals.] All guns, traps, boats or other implements used in violating any provisions of this sec- tion, and all game taken in violation thereof may be seized, confiscated and sold by any warden as provided by law. * * * Laws of 1899, chap. 312, p. 562. Deputies’ reports; Statistics: Src. 3. [As amended by Laws of 1901, chap. 408. ] All deputy wardens, whether special or county shall make it [to] the state fish and game warden full and complete reports of their transactions as such, according to the demand of the state fish and game warden and shall at all times be held subject to his discretion and control in the performance of their duties. They shall also gather and transmit to the state fish and game warden any and all statistical infor- mation relative to fish and game as said fish and game warden shall from time to pane call fore SF Special deputies’ compensation and expenses: Src. 4. [As amended by Laws of 1901, chap. 358.] The two special deputy wardens appointed for each congres- sional district, and the additional special deputy wardens who may be appointed ~ shall each receive a per diem to be fixed by the state warden, by and with the ap- proval of the governor, which per diem shall include pay for such days as each such deputy shall be under the direct order of the state warden to perform services in the enforcement of the fish and game laws, and upon certificate of said warden that such services have been actually rendered at his instance and under his direction. In addition to the per diem provided for, such deputies shall receive their actual neces- sary expenses incurred while working under the direction of the state warden, which expenses shall be paid upon vouchers therefor approved by the governor and coun- tersigned by said state fish and game warden. Confiscation of unmarked packages: Src. 19. [As amended by Laws of 1901, chap. 358. Requires all packages containing game to be marked so as to disclose the number of each variety of birds or animals.] Any shipment made or had in posses- sion in violation of this law may be seized, confiscated and sold by any warden as provided by law. Confiscation of improperly addressed packages: Src. 20. [As amended by Laws of 1901, chap. 358. Requires consignors of game to place name and address of shipper and name and address of consignee upon every package delivered to a com- mon carrier.] 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. Examination of packages: 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 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 com- mon 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 refus- ing 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 discre- tion of the court. fa ORS a, eh a aes aS See tie cae FNS OUN ET eh = eee WISCONSIN. | 273 by the laws of said state authorized or directed to enforce the fish and game laws of said state is hereby designated and declared an agent of said state within this state. And it shall be lawful for said officer to follow any fish or game unlawfully shipped _ or taken from his state into this state and seize the same, and convey the same back _ to his own state, and so far as concerns said fish or game so shipped or brought from said state into this state, the laws of the state from which the same was brought into - this state shall be declared to be and are hereby constituted the laws of this state concern [ing] such fish or game. And transportation companies are hereby author- | ized to deliver to such officer of another state, upon submission of proper proof of his official capacity, any fish or game so demanded or seized by him, and he, the _ said officer, is hereby authorized to take with him such fish or game to his own state. Or the said agent may dispose of said fish or game within this state, in accordance with the laws of the state from which the same was shipped, such disposition to be made under the supervision of an officer of this state authorized and directed to enforce fish and game laws, and the expenses of such officer for his assistance shall be made a lien upon such fish or game, or the proceeds thereoti. Cold storage warehouse: Src. 25. [Prohibits possession of game out oi season] and it is hereby made the duty of any owner or occupant of any cold-storage ware- house or building used for the storage or retention of fish or game to permit the entry - and examination of the premises by any officer authorized to enforce fish and game _ laws. And the said owner, occupant, or agent, or servant, or employe thereof, shall deliver to said officer ox agent any fish or game in his possession during the close - geason therefor, whether the same shall have been taken within or without this state, and whether the same shall have been taken lawfully or unlawfully. Any _ person who shall have in his possession or under his control any fish or game pro- | tected by the laws of this state, or who shall refuse to permit any officer charged | with the enforcement of fish and game laws, entry into any cold-storage warehouse, | and possession of any fish or game therein contained, during the close season for | such fish or game, shall be punished by a fine of not less than fifty dollars, nor more _ than one hundred and fifty dollars, or by imprisonment in the county jail not less than sixty days nor more than four months, or by both such fine and imprisonment. Officers of other States: Src. 27. The state game warden of every other state, and his deputies and all other officers charged with the enforcement of fish and game _ jaws are hereby designated the agents of this state for the taking possession of, seiz- ing, holding and disposing of any fish and game protected by the laws of this state. Seizure of game illegally transported: Sec. 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 oi 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 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. * * * License fund: Src. 29. All such [hunting] license money so received shall be set _ aside by the state treasurer and shall constitute a fund forthe payment of the special _ deputy game wardens. The liability of the state for per diem salaries and expenses _ of deputy game wardens appointed under this act or otherwise and for all other _ gervices and expenses incurred, for any purpose under or in consequence of this act _ shall be limited to the license fees paid in pursuance of this act, and in no event shall the state pay any such salaries or expenses or be liable in any manner therefor, _ except to the extent of such license fees received by it under this act, any contract, ~ Officer of another State; Laws: Src. 24. Any officer of any other state who is . ‘ y iy 974 GAME COMMISSIONS. ‘AND ‘WARDEN S. express or implied, of the game warden to the contrary notwithstanding. ee yer Ss game warden shall not issue any voucher, nor sha!] the governor approve any youcher, a if issued by said warden, under the provisions of this act or otherwise for any such per diem, salary, services or other expenses of any kind unless the money to pay — such voucher received for licenses issued under this act, shall at the time be on hand to pay the same. * Approved May 2, 1899. Laws of 1901, chap. 358, p. 507. License fund: Sec. 6. All moneys sent to the state treasurer in payment of hunt- ing and fishing licenses and all moneys sent to the state treasurer by any game warden as the proceeds of any sale of confiscated fish or game@ shall be set aside as a fund to be known as a hunting license fund. Confiscation of deer without coupon: Ssc. 28. [Requires residents and nonresi- dents who kill deer to attach one of their license coupons to the carcass.] 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. * * * Approved May 13, 1901. Laws of 19038, chap. 437, p. 712. Boat, etc., illegally used: Src. 14. Any boat together with its machinery, sails, tackle, and equipment, and any gun used in violation of any of the fish and game laws of this state, is hereby declared to be contraband and may be seized, confiscated and sold by any game warden, to the highest bidder, and the net proceeds of sale paid into the state treasury and credited to the hunting license fund. Dogs: Src. 24. * * * Any dog found running deer in this state is hereby declared a public nuisance. Confiscation of hides, etc.: Suc. 25. [Amending sec. 14, chap. 311, Laws of 1899. Prohibits sale and transportation of green hides, heads and carcasses, or parts of deer between Dec. 3 and Nov. 12, and permits shipment into the state of dry hides for manufacturing purposes, from other states at any time.] Any shipment made and had in possesion in violation of this section may be seized, confiscated and sold by any warden as provided by law. * * * Approved May 22, 1903. Laws of 1905, chap. 404, p. 656. Special deputies; Commissions: Src. 1. All special deputy fish and game war- dens shall, before exercising any of the power and authority of a warden, be provided with a commission issued by the State fish and game warden under the seal of his department and approved by the governor. Such commission shall contain the date on which the term for which said special deputy fish and game warden is appointed, shall expire, and shall be substantially as follows: STATE OF WISCONSIN. DEPARTMENT FOR THE PROTECTION OF FISH AND GAME. To all to whom these presents shall come, greeting: Know ye that reposing special trust and confidence in the integrity and sping of , of the county of -, | do hereby, with the consent and approval of the governor, ‘appoint and setae him a special deputy fish and game warden. for the state of Wisconsin, and do authorize and empower him to execute and fulfill Wl De ea sa site oe : Se Sih kde dae ie == 5 Nh) == ‘ — as UWA ay RN a I # ANG al a a \ ag W ASHINGTON GOVERNMENT PRINTING OFFICE LD. Ong, LETTER OF TRANSMITTAL. U. S. Department oF AGRICULTURE, BrioLocicaL SURVEY, Washington, D. C., July 17, 1907. Sir: I have the honor to transmit herewith for publication as Bul- letin No. 29 of the Biological Survey a report of progress on the work in relation to the cotton boll weevil, by Arthur H. Howell. As a result of investigations during the years 1906 and 1907, our knowledge of the part birds play in restricting the ravages of the pest was considerably increased, and a number of additional species were found to feed upon the weevil. Practical suggestions are made in the bulletin for increasing the numbers of swallows breeding in the cotton districts, swallows having been ascertained to be among the most important enemies of the pest. Respectfully, A. W. HensHaw, Acting Chief, Biological Survey. Hon. James WILson, Secretary of Agriculture. 2 CONTENTS. A Page. SET ESD Le ee ge Ch en In Soe Ra ) - Progress of the FTES HCE le tae eneaainnta A meeuese = epee eR MAS 5 SuMIE Big D AECGUEES= =-t-et eS toe SP) ss eh ae ee eee eee 6 = Recommendations________--_-__-____ peeeiee Sar 7 ee Vad eagki ES" Ae eptere 6 BnreR ce AniNCCM CEE ota Be PE 2 it a RE Galt ae G “: Upland plows: setter et Slot Se PE ga TP a ee 7 WOMEN OA ECON Ge Rasa age pt Be a ec Me 7 Baek pire 2-2 ee 5S ON an a TR ae cae Ye OS SE pe ee a t Pir reomirin= special protection °. 2 0 8 STL LLCS i IES RT a ee ne el ee eas 8 ees aa Ae epee ee Ne a: bys tE ea 9 aimred= PUMt ime 4922 Pes 22 -= Seeige Baye otay Sak ee gS See eee 9 MES RiNCmEONROS. Seer ote se EIEN EES Pets eee | 1S 9 trea be TELM OGS ooo, 4 es ee eS AL 1G: Status of the species of birds known to eat the boll weevil__-__________- ‘i Seacerieaiions in the Summer of 190625". 2 23 PSIG) COTES 1G SS ty 0 Se mae ge ee ee ee ee en a 23 Puitantt SOs OSCE YALMONS! 2h ee hE es et ee 23 e. Investigations in the winter and spring of 1907 SERN AEN tee Re epee Stes Tees 26 : Ree R IONS tee ee ee a 26 fe cae Male EONS OW PGMs. eee tT Se aS ee 26 SueebedHics of Stomach examinations - + = eee 30 Record of birds examined which had eaten boll weevils______________ 30 Record of birds examined which had not eaten boll weevils_________ 31 9 Y 6 FS OR Si ee ae, eee ae PS res a - 5 hae op week Ae AoE OnE we Se om “ ee " or, ae ~ © - + 5g eee ste, t “tp 3. Pane c : ee a Ps mae me oe ee ILLUSTRATIONS. PLATE. . ; Page. 9 Two Important Enemies of the Boll Weevil: Baltimore Orjole and Orchard z OIG le Ae 8 SUS A ee ee Ce ae ee ee Frontispiece __ TEXT FIGURES. Hig. 1.: An“ornamental. martin’ houses. 2 2 28 FS ee 2. A-simple martin. howsecce } 4 = Je ae ee ee ook barrel martin: houses =2G es Dae oes Oe als a 4-"“Barn- swallow: - ~ 22.2 se QP ee ee a ee ay, 6. INS DING * ss es ee ee Crow blackbird or bronzed grackle =~ — == = ee 4 THE RELATION OF BIRDS TO THE COTTON BOLL WEEVIL. INTRODUCTION. In view of the rapid spread of the cotton boll weevil in the | Southern States and the enormous damage to the cotton crop through its ravages, a study of the relations of our native birds to the.pest is of increasing importance. Investigation of the problem during several seasons has shown that while birds can not be depended upon to stay its progress, much less to exterminate it, yet the service they render in controlling it is of great importance. It has been discovered that several species of birds eat great numbers of the pest and among ‘the weevil-eating kinds are a few whose numbers it is believed can be greatly augmented through careful protection and by providing them with safe nesting places. PROGRESS OF THE INVESTIGATION. The relation of birds to the boll weevil has been studied by the Biological Survey during portions of four seasons, and by the Bureau of Entomology during portions of two seasons. Seventeen species of birds were examined during the seasons of 1903 and 1904 by the Bureau of Entomology, with the result that 11 species were’ found to feed on the weevil.*| In November and December, 1904, Vernon Bailey, of the Biological Survey, took up the study of the problem, and, as a result of the examination of 354 stomachs collected by him, 9 additional species of birds were added to the list of boll weevil destroyers.”. The work was carried on in the summer and fall of 1905 by the present writer, 62 species of birds being collected and examined and 8 additional species found to feed on the weevil. The investiga- tion was continued, also by the writer, in August and September, 1906, and from February 11 to May 3, 1907. Fifteen species were added to the list of weevil-eating birds by the investigations in the past two seasons, details of which will be given later. - «Bul. 51, Bureau of Entomology, U. S. Dept. of Agriculture, 1905, pp. 150-158. b Bul. 22, Bureau of Biological Survey, U. S. Dept. of Agriculture, 1905. ¢ Bul. 25, Bureau of Biological Survey, U. S. Dept. of Agriculture, 1906. a) 6 RELATION OF BIRDS TO COTTON BOLL WEEVIL. SUMMARY OF RESULTS. As a result of investigations carried on intermittently during five seasons, 43 species of our native birds have been found to feed on the weevil, as follows: Upland plover. Kxilldeer. Quail. Nighthawk. Scissor-tailed fiycatcher. Kingbird. Crested fiycatcher. Phebe. Qlive-sided fiycatcher. Alder flycatcher. Least flycatcher. Cowbird. Red-winged blackbird. Meadow lark. Western meadow lark. Orchard oriole. Baltimore oriole. Bullock oriole. Brewer blackbird. Bronzed grackle. Great-tailed grackle. Savanna sparrow. Lark sparrow. White-throated sparrow. Field sparrow. Towhee. Cardinal. Pyrrhuloxia. Painted bunting. Dickcissel. Purple martin. Cliff swallow. Bank swallow. - Barn swallow. White-rumped shrike. Yellow warbler. Yellow-breasted chat. American pipit. Mockingbird. Brown thrasher. Carolina wren. Tufted titmouse. Black-erested titmouse. Twenty-three of the foregoing species feed on the weevil prin- cipally in summer and 20 species principally in winter. The greatest destruction of weevils in summer is wrought by swallows and orloles; in winter, by blackbirds and meadow larks. It is not to be supposed that the foregoing list includes all the birds which feed upon the boll weevil. Further investigation will doubtless add a number of species to the list and will show that birds which ordi- narily eat but few weevils will, under certain conditions, destroy a good many. The funds at the command of the Biological Survey for this investigation have been very limited, but it is hoped that means will be forthcoming not only for continuing the work, but for widening its scope so as to include the regions recently invaded by the boll weevil. RECOMMENDATIONS. LEGISLATION NEEDED. In order to increase the number of useful birds in a given region little need be done in most cases except to protect them from their enemies, chief of which is man. While most insectivorous birds are adequately protected under the RECOMMENDATIONS. i provisions of the present Texas game law, a few do not receive pro- tection that deserve it. No argument is needed in support,of the view that every bird that does effective service in destroying boll weevils should be protected by State laws, at least for the present. In the unhkely event that any protected species shall so increase in numbers as to threaten agricultural interests, either in the cotton-pro- ducing area or elsewhere, protection can readily be withdrawn. Pro- tective laws, necessary and beneficial as they are, however, are not so effective in the cause of bird protection as enlightened public sentiment. It is hoped, therefore, that a knowledge of the part birds play in the boll weevil war may be widely disseminated over the cotton-producing area, and that school children may be instructed not only as to the general value of birds, but of the special impor- tance to the South of the kinds which feed upon weevils. They should learn to know them by sight and be taught as part of the duties of good citizens to refrain from robbing their nests, from trapping them to sell abroad as cage birds, and from shooting them for food or sport. Of the birds at present known to eat the boll weevil, the following species are afforded no protection in Texas: Upland plover, killdeer, cowbird, red-winged blackbird, Brewer blackbird, bronzed grackle or crow blackbird, and great-tailed grackle or jackdaw. Upland plover.—Of the birds mentioned above the upland plover is in most urgent need of protection, for in recent years, through constant hunting both in spring and in fall, it has diminished markedly in numbers, and unless prompt measures are taken to save it this valuable bird is in danger of final extinction. The Louisiana game law provides a close season for the upland plover (‘ papa- botte”’) from May 15 to August 1, but as at that season this plover is not found within the State, the bird is practically unprotected there. Upland plovers are almost wholly insectivorous, and in ad- dition to eating the boll weevil in spring, when its destruction is of the highest importance, they render valuable service in destroy- ing numbers of other injurious weevils and other insects. This plover is highly esteemed for the table and as a game bird, but its value for these purposes is infinitesimal compared to the value it possesses to the agricultural interests of the country. Because of its importance as an insectivorous bird the upland plover should be protected at all seasons, and it is considered important that an effort be made by the cotton growers of Texas and Louisiana to have this bird placed in the list of protected species in their respective States. Killdeer plover.—The killdeer apparently is not decreasing in num- bers, since it 1s of no value for food, and therefore is seldom shot by hunters. But in view of its taste for boll weevils and other destructive 8 RELATION OF BIRDS TO COTTON BOLL WEEVIL. insects, the wiser course would seem to be to give it legal Pe ; and ane afford it every opportunity to increase. | Blackbirds.—The several species of blackbirds, though not shot to any extent for food, are often killed wantonly fo sport or in the belief that they are injurious to growing crops. Corn is the only crop in Texas which is lable to injury from blackbirds, and the only species likely to damage this crop to any extent is the big jackdaw, or great-tailed grackle. Investigation of the food habits of this bird by Prof. F. E. L. Beal has shown that nearly half of its food consists of corn, much of which is waste grain, and about one-fourth of insects, The Brewer blackbird and the bronzed grackle both eat corn to some extent, but they are not generally accused of damaging this crop in Texas, and both species have a pronounced fondness for feeding on grubs and other insects in freshly plowed fields. It is believed that their destruction of boll weevils much more than compensates for any damage they may do to corn or other grain. Indeed, the writer is inclined to consider the Brewer blackbird one of the most useful birds in the State to the cotton grower. Both the cowbird and the redwing render valuable service in the destruction of weed seed, which, in winter at least, furnishes the greater part of their food. The Louisiana law protects all blackbirds, except crow blackbirds (grackles) when actually destroying crops. A similar provision in the laws of Texas prohibiting the killing of any blackbirds, except when they are actually engaged in injuring crops, would seem to be for the best interests of the farmers of that State. It is not absolutely necessary that the farmers wait for the enact- ment of protective laws, but in the absence of such laws they should take advantage of the laws against trespass and prohibit all shoot- ing of plover and blackbirds in their cultivated fields. BIRDS REQUIRING SPECIAL PROTECTION. Swallows.—Information has been received by the Biological Sur- vey that in west Texas cliff swallows (and probably also barn swal- lows), which breed about buildings, are frequently killed and their nests destroyed through the mistaken notion that they harbor bed- bugs. As a matter of fact, the parasites which infest birds, though resembling to some extent the insects so objectionable to man, are not the same and would quickly perish away from their normal hosts. Hence, wherever these very useful swallows occur, not only should they be allowed to nest, but every effort should be made to protect them and increase their numbers. NESTING BOXES. 9 Meadow lark.—The fact that the meadow lark is at all times pro- tected by the laws of Texas seems not to be appreciated by many residents of the State, and in consequence many larks are shot for food or sport. In view of the large number of boll weevils destroyed by these birds, they should be rigidly protected, and farmers would do well to see that the law is enforced on their property in the case of these valuable birds. Painted bunting.—These brilliant little sparrows are in great de- mand as cage birds, and, although protected in all the Southern States, large numbers are nevertheless trapped and sold to dealers. In addi- tion to their services as weed destroyers, these buntings are now known to capture a considerable number of boll weevils. Every effort there- fore should be made to stop the illegal traffic in these beautiful and useful birds. NESTING BOXES. Since the purple martin has been found to capture boll weevils both in the spring and in the fall, it is strongly recommended that special efforts be made by cotton growers to increase the numbers of martins feeding over their cotton fields. Though nowhere very abundant, martins are quite generally distributed in the South, so that usually all that is necessary in order to attract additional num- bers to a farm is to provide nesting boxes for them. Martins are eminently social in their habits and do not ordinarily feed at a great distance from the home box, so that once a colony becomes estab- lished it may confidently be expected to increase from year to year so long as increasing accommodations are provided for the pairs that return each spring after their winter sojourn in South America.? Nesting boxes may be of the simplest and homeliest construction or they may be of elaborate and artistic forms, to suit the taste of those who desire to make the martin house an ornament to the lawn or dooryard. Large gourds are often utilized as nesting boxes, the only preparation necessary being to hollow them out, cut an entrance hole, and tie them to a tall pole. The only objection to their use is that but one pair of martins can be accommodated in each gourd. The more elaborate houses usually take the shape of a resi- dence or other building, and in such cases the entrances to the rooms «The experience of Mr. J. Warren Jacobs, of Waynesburg, Pa., is valuable as showing how rapidly a colony will increase when provided with adequate nesting homes. In 1896 he put up a single house of 20 rooms, which was occupied by 5 pairs of martins, which raised 11 young. The next year 10 pairs returned to the house and raised 35 young. During the third and fourth seasons 2 additional houses were erected, which furnished accommodations for 53 pairs, which raised over 150 young. Thus at the end of the fourth season the colony numbered nearly 300 birds, 7623—No. 29—07——2 10 RELATION OF BIRDS TO COTTON BOLL WEEVIL. represent the open lower half of windows. A martin box may con- tain almost any desired number of rooms, though boxes with 10 to 20 rooms, placed at intervals about the fields or close to the farm labor- ers’ houses, would seem to best meet the requirements of the situation. The rooms should be about 5 inches wide, 7 inches high, and 8 inches deep, with entrance holes 24. or 3 inches in diameter. There should be only one entrance to each room. A shelf bordered by a railing should be placed beneath each doorway, in order to prevent the young from falling to the ground when they venture out of the compart- ment. Small holes in the shelf will prevent water from running into the doorways. A hole in each gable near the roof should be provided for ventilation. Mr. J. Warren Jacobs advises that all exposed portions of the houses be constructed of poplar, with the bottom of §-inch oak. His method of attaching the house to the pole is by means of four angle-irons screwed to the bottom of the box and to the sides of the pole. The pole should be at least 15 feet high, as the birds, through fear of cats, will not nest near the ground. If desired, the pole may be provided with a hinge near the ground or be fitted into a socket in the ground, so that the house can readily be taken down. Mr. E. H. Forbush recommends the use of flour barrels for martin houses as being at once cheap and easily obtained. These, if kept painted and properly roofed, he says, will last for years. In fitting up the interior of the barrel a square box should be inserted in the center to furnish a back for the indi- vidual rooms. Large cigar boxes or tin cans may be utilized for the rooms, screwing them to the central box and connecting with the entrance holes by strips of tin or wood. The pole may pass through the center of the barrel and the roof may be constructed of zinc, sheet iron, or painted canvas. The accompanying illustrations show several styles of martin boxes, and other forms “Al readily suggest themselves. Fic. 1.—An ornamental martin house. CULTURAL METHODS. 11 Where English sparrows are numerous they must be prevented Fig. 2.—A simple martin house. from monopolizing the martin boxes. This may be accomplished by shooting or poisoning the sparrows, by closing the entrances to the nesting boxes during the winter, or by taking the boxes down until the arrival of the mar- tins in spring. CULTURAL METHODS. Investigation of the habits of birds dur- ing the winter months has shown that cer- tain species, notably Brewer blackbirds, bronzed grackles, great-tailed grackles, kill- deer, and upland plover, are quickly at- tracted to fields where plowing or harrow- Za eat oe ing is going on, and usually when these ~ ari . . . iy FA birds have been shot while following the a plow, boll weevils have been found in their stomachs. Thisis particularly true in fields where the ground is being newly broken or the old cotton stalks first broken down. In view of the pronounced habit on the part of many birds of feeding in culti- vated fields, the following suggestions are believed to be worthy of adoption: 1. Break the ground as early in the win- ter as practicable, at a time when blackbirds are numerous. If after the first plowing the ground is still rough, or if there is any rubbish Fig. 3.—A barrel martin house. 12 RELATION OF BIRDS TO COTTON BOLL WEEVIL. about the field, continue to stir or harrow the ground and thus give the birds a chance to pick up the weevils as they are driven from their hiding places. 2. Destroy every stalk of volunteer or seppa cotton before planting time. Investigations during the very mild spring of 1907 showed clearly the folly of allowing seppa cotton to grow. The weevils emerged early from hibernation and at once began to feed on the sprouted plants, which were very numerous all over south Texas and as far north as northern Louisiana. The birds were unable to find the weevils readily after the latter had taken to the plants, and hence large numbers survived until the new cotton was large enough for them to feed upon. Had there been no seppa cotton in the fields the weevils would have been exposed to the attacks of all ground- feeding birds and their numbers would have been materially reduced. STATUS OF THE SPECIES OF BIRDS KNOWN TO EAT THE BOLL WEEVIL. SWALLOWS AND MARTINS. Six kinds of swallows occur commonly in Texas, and four are known to eat the boll weevil. Since the habits of all the species are essentially alike, eventually doubtless all will be found to feed on the insect. Swallows are migratory, nesting in the United States and wintering chiefly in Central and South America. Vast numbers pass through Texas in September on their way to their winter homes, and at this season they find many boll weevils in the air, where they are easily captured. So abundant are the swallows and so marked is their taste for boll weevils that they must be accorded very high rank in the lst of the enemies of this destructive insect. Cliff swallow.—Cliff swallows, eaves swallows, or mud swallows, as they are variously called, nest commonly in the northern and western States and in the western portion of Texas as far east as Aus- tin and Waco. They breed in colonies, and their pouch-shaped nests of mud are plastered to the face of cliffs or stone walls or under the eaves of barns. They are abundant over the greater part of Texas during the autumn migration, and in September thousands pass over the cotton fields every day. Thirty-five specimens were collected in the fall of 1906 and all but one of them had eaten boll weevils, the majority having taken nothing else. Many of the stomachs were crammed full of the weevils. The largest number eaten by a single bird was 47, while many others had taken from 20 to 30 at a meal. The total number destroyed by these thirty-five birds was 638, an average of 18 weevils to each bird. It is of course impossibie to estimate with any degree BARN SWALLOW. 13 of accuracy the number of cliff swallows in the State of Texas during the month of September, but a very conservative estimate of the number passing over the town of Victoria each day of the migration is 10,000. Allowing but one meal a day and assuming that each bird -consumed on an average 18 weevils per day for the period of six days during which the flight was under observation, we find that these swallows destroy in one week in a single county more than a million weevils! And this vast number is destroyed without a dol- lar’s expense to the cotton grower. In view of this good service the = 5 ————a y | | SS 2 ~ A ES, SS Sean mS re OS. Fig. 4.—Barn swallow. folly of destroying the nests of swallows and of shooting the birds because they harbor insects is apparent, especially when it is remem- bered, as stated above, that the swallow parasites are not to be feared by man. Barn swallow.—Barn swallows are common summer residents in the western portion of Texas, but for some unknown reason do not breed in the eastern part of the State. Even there they are common, however, in the fall, when they join the other swallows in coursing over the cotton fields. They fly very swiftly, often just above the tops of the plants, and many a boll weevil falls a prey to their per- 14 RELATION OF BIRDS TO COTTON BOLL WEEVIL. sistent hunting. Fourteen specimens were examined in September, of which 5 contained boll weevils. The total number of weevils con- sumed by the 5 birds was 52 and the largest number found in one stomach 23. Bank swallow.—These swallows, the smallest of the family, are rare in summer in Texas, but occur in large numbers during the fall migra- tion. Twenty-five specimens were collected in September and 11 of them were found to have eaten a total of 68 boll weevils. The largest number in one stomach was 14 and the average number 6. Purple martin——Martins occur more or less commonly over the greater part of Texas and the other Southern States. Their abun- dance in a particular locality depends almost wholly on the number of ~ nest boxes provided for their use, and no birds respond more quickly to an effort to increase their numbers. It has been found impracti- - cable to examine many specimens of this bird, but enough have been secured to show that their food both in the spring and in the fall - includes the boll weevil. The only martin collected in September con- tained one boll weevil, and another bird taken in May also had remains of a boll weevil in its stomach. Like the other members of this family, martins obtain their food almost wholly in the air. They are not hkely, therefore, to capture a large number of weevils except in the fall, when the insects fly freely. The destruction of even a few weevils in the spring, however, is a definite benefit to the cotton crop of that season, and the fact that the martins reach their homes about the cotton fields in February and remain until October, ever ready to snap up the weevils as they fly from plant to plant, renders their services of the highest importance. FLYCATCHERS. Seven species of flycatchers have been found to destroy boll weevils, and doubtless all the members of this family feed upon them during the seasons when they are in the air. Most of the flycatchers are summer residents only, but one—the phcebe—stays through the win- ter. At least two species—the kingbird and the crested flycatcher— begin the war on the weevil in April. It is carried on by the other species throughout the summer and by the phcebe until late autumn or even in winter. Least flycatcher——These little birds, the smallest of the family, seem to have a decided fondness for boll weevils, for, of the 14 speci- mens examined, just one-half had eaten the insect, the total number of weevils destroyed by the 7 birds being 21. The least flycatchers” are northern-breeding birds, but migrate southward quite early and do their best work in August and September. These flycatchers on several occasions have been observed to fly down among the cotton ORIOLES. 15 plants, and it is not unlikely that they snatch the weevils directly from the plants as well as when flying. Kingbird—Iingbirds, sometimes called bee martins, are common in Texas and Louisiana in summer. They frequent fields and pas- ~~ tures and, like other flycatchers, snap up their prey on the wing. Of the 22 specimens examined in September, 6 had eaten a total of 8 weevils, and, of the 10 specimens examined in April, 1 had taken 1 weevil. Crested flycatcher—These flycatchers are among the larger mem- bers of the family occurring in the cotton States. They frequent timbered tracts and capture their prey usually at some distance from the ground. One specimen taken in September had eaten 3 boll weevils and 1 taken in April had eaten 2. Scissor-tailed flycatcher.—The scissor-tails are the largest and also the most abundant flycatchers in Texas, but, unfortunately, their taste leads them to prefer somewhat larger insects than the boll weevil. They do, how- ever, destroy a few weevils, mainly inthe autumn. Ninety- one stomachs taken in July, August, and September have yy ax been examined, and 5 of them 2p contained a total of 7 weevils. Phaebe——tThese flycatchers are winter residents over the Jel, greater part of Texas, and a few breed in the western part of the State. One specimen Wiel Ss Sicinepiral taken late in September had eaten a boll weevil and 3 taken in November and December had each eaten 1 weevil. Alder flycatcher.—This species, which resembles the least fly- catcher in appearance, is a rare migrant in Texas. Three specimens were taken in September, 1 of which had eaten 2 boll weevils. Olive-sided flycatcher.—This species breeds in the more northern States and Canada and is found only as a migrant in the South. Two specimens were taken in September, 1 of which had eaten 2 boll weevils. Uy (a ore WN jj; 7, A \YW te hy Le W\ Z Yn, 4 ONIN ORIOLES. Next to swallows, orioles are probably the greatest destroyers of the boll weevil in summer, and perhaps their services are more important than those rendered by swallows, for the reason that the 16 RELATION OF BIRDS TO COTTON BOLL WEEVIL. orioles spend most of the spring and summer in and about the cotton fields and persistently hunt the weevils when they are feeding on the squares. The orioles pass the winter in Central America, return- ing to the United States in April, where they remain until October. Orchard oriole (see frontispiece).-—This oriole, the smallest of the group, is generally distributed in Texas and other Southern States. Its purse-shaped nest is built in almost any small tree in the orchard, dooryard, pasture, or field. Orchard orioles make frequent excur- sions to the cotton fields, especially when the young are fully fledged, and often feed for hours at a time among the cotton plants. They seem to know where to find the weevils when they are feeding upon the squares, and large numbers are destroyed by them in the course of the season. The orioles evidently begin the work of destruction as soon as they arrive from the South, for one taken April 27 contained a boll weevil in its stomach. During the summer months, of course, they find weevils with greater ease, and at this season as many as 13 have been taken from a single stomach. About 30 per cent of the orchard orioles examined in summer contained boll weevils; the total number of weevils eaten by 30 birds was 64, an average of more than 2 to each bird. 338; Baltimore. oriole (see frontispiece).—These brilliant orioles nest sparingly m northern Louisiana and extreme northern and eastern Texas, but over the greater part of these States they occur as migrants only, most commonly in the fall. They reach the cotton-growing dis- tricts at about the time that the weevils are making their annual flight, and join with the other orioles in reducing the numbers of the insects.. Fifty specimens have been examined, of which 11 had eaten a total of 24 weevils, an average of more than 2 to a bird, or about 50 per cent of the number of birds examined. The largest number of weevils eaten by a single bird was 9. Bullock oriole.—This is a western species, occurring as far east in Texas as Corpus Christi, Beeville, and Austin. These orioles are rather abundant in the regions they inhabit, and in August and Sep- tember visit the cotton fields in flocks of 10 to 20 individuals. About 27 per cent of those examined contained boll weevils, the largest number of weevils found in one stomach being 41. The total number of weevils eaten by 40 birds was 133, an average of over 3 weevils to each bird. BLACKBIRDS. Blackbirds belong in the same family with the orioles and their services as boll weevil destroyers are even more important. Seven species occur in Texas in winter, and five of them are known to eat the boll weevil. Their work is done principally in winter and BLACKBIRDS. ily spring, at a time when it is of the highest importance. Recent investigations have shown that the greatest number of weevils are destroyed by them at the season when the cotton stalks are being raked and the ground first broken. Brewer blackbird.—The nesting home of these blackbirds is chiefly north of Texas, but in winter vast flocks spread over the State, remaining from October to April. At that season these shiny black fellows, conspicuous by reason of their white eyes, may often be seen walking about the streets of the towns or following the plowman as he turns the furrows. About 15 per cent of the birds examined had eaten boll weevils, the average number of weevils destroyed being nearly 2 toa bird. Most of these individuals were taken in late Feb- Fig. 6.—Crow blackbird or bronzed grackle. ruary and March, after the spring plowing had been nearly com- pleted. It is probable that observations made earlier in the winter would show a much larger percentage of weevils destroyed. Bronzed grackle-—Bronzed grackles or crow blackbirds breed locally in Texas, and great numbers of them pass through the State in spring and fall. They appear in large flocks in February and March, and join the other blackbirds in the fields which are being plowed or cultivated. Of the 34 specimens collected in March, 5 had each eaten a boll weevil. Great-tailed grackle; ‘“ jackdaw.”—These large blackbirds are abundant in southern Texas, wintering near the coast and moving northward in summer to about the latitude of Austin. Like other 18 RELATION OF BIRDS TO COTTON BOLL WEEVIL. blackbirds, their destruction of boll weevils is mainly in spring, when — the fields are being broken; but naturally, owing to their large size, their taste is usually for larger insects. Thirty-nine specimens col- lected in spring have been examined, of which only 3 had eaten boll weevils, each bird taking 1 weevil. Red-winged blackbird.—Redwings occur in Texas at all seasons, — but are much more abundant in winter than in summer. They gather in immense flocks as early in the fall as October, and forage in the fields all winter, or until the nesting season approaches in April, when the flocks disperse and the birds pair off. Their food consists very largely of weed seed, ‘but a few insects are consumed, including some boll weevils. About 50 stomachs taken in spring and an equal number taken in autumn have been examined, and in each case 2 stomachs contained 1 weevil each. In view of the great abun- dance of these birds, the value of their services, particularly in spring, is not inconsiderable. | Cowbird.—Cowbirds are found in Texas in flocks during the greater part of the year, but are most abundant in winter. They associate with the redwings and Brewer blackbirds during certain seasons, and in spring often visit plowed fields to obtain weed seed. Here occasionally they pick up boll weevils. Four stomachs taken in February and March contained each 1 boll weevil, and 3 taken in July and August likewise contained each 1 weevil. Although only about 4.5 per cent of the birds collected in spring contained boll weevils, still their great abundance in the fields makes them a valuable ally of the farmer. MEADOW LARKS. Meadow larks are generally distributed in Texas in winter, but in summer they retire to the prairies to breed. Although feeding to some extent in plowed fields, they do not follow the plow as the blackbirds do, but seek their food among the old stalks and rubbish. Here they find and destroy many boll weevils, especially in winter at the time the ground is first broken. Eighty-seven specimens taken in February and March have been examined, and of this number 11 had eaten a total of 15 boll weevils. The percentage of larks taking weevils was much greater for the period from February 26 to March 9 than for any later period. This is explained by the fact that most of the larks collected at that time were feeding in unplowed fields, where the weevils had not been driven out. Of the 29 larks taken during that period, 10, or about 34 per cent, had eaten weevils. Two hundred and forty-nine specimens taken in the fall have been examined, and of these 40, or about 16 per cent, had captured boll weevils, the total number of weevils eaten being 50. SPARROWS. 19 SPARROWS, GROSBEAKS, ETC. The members of this family are nearly all seed eaters, and although 10 species have been found to capture boll weevils, none of them, except the painted bunting, seem to feed regularly on the insect. Many of the smaller sparrows, however, are very abundant, so that the good they do in the aggregate is very considerable. Painted bunting.—These brilliantly colored little sparrows are common over most of Texas in the summer months. During their southward migration in August they are particularly abundant, and at that season hundreds visit the cotton fields every day and seek their food on the plants. They seem to be the only sparrows that show a decided preference for boll weevils. Eighteen birds, or about 16.5 per cent of the number examined, had eaten a total of 19 weevils. Cardinal; “ redbird.”—Cardinals are present in the South through- out the year, and in most localities are very numerous. They live chiefly in thickets about the borders of fields or in brushy timber, whence they occasionally fly into the cotton fields. Specimens taken at all seasons excepting midwinter have been examined, but only 3 have been found with boll weevils in the stomach. These were killed in September and contained a total of 4 weevils. | Pyrrhuloxia, “ gray grosbeak.’—This handsome grosbeak is an inhabitant of the arid mesquite belt of southwest Texas. It is com- mon at Beeville and Runge, where 64 specimens were collected. Of these 2 had each taken a boll weevil. Dickcissel; black-throated bunting.—These sparrows, which in general appearance resemble the English sparrow, are summer resi- dents in Texas, and during migration are quite abundant in cotton fields. Twenty-six specimens have been examined, of which 3 had taken 1 boll weevil apiece. Lark sparrow.—tark sparrows are common in Texas, both in sum- mer and in winter, and during the fall migration are particularly abundant. At that season they swarm in the cotton fields and along roadsides. About 50 specimens were collected, but only 1 had eaten a boll weevil. Western savanna sparrow.—These are the little “grass spar- rows ” that are so common during the winter in the fields and mead- ows. Thirty-nine specimens taken in February and March were examined, and of these 3 had each eaten a boll weevil; of 18 birds taken in November and December 1 had eaten a boll weevil. In view of the great abundance of these sparrows the number of weevils de- stroyed by them in the course of the winter must be considerable. White-throated sparrow.—This sparrow is a winter visitant from the North, remaining in Texas from November to April. The white- throats spend their time in thickets and brush piles, scratching among 20 RELATION OF BIRDS TO COTTON BOLL WEEVIL. the dead leaves and rubbish. Of 9 specimens taken in the fall, 1 had eaten a boll weevil. None of the 13 specimens taken in spring had eaten any. Field sparrow.—Field sparrows occur in Texas both in winter and in summer, more commonly, however, in the winter. They are lovers of brushy pastures and weedy borders of fields. Of 7 specimens taken in February and March, 1 had eaten a boll weevil. Towhee; chewink.—These rather large sparrows pass the winter in Texas, feeding in thickets and brushy pastures. Of the 6 specimens collected in spring, 1 had eaten a boll weevil. | UPLAND PLOVER. These fine birds, known as “ plover ” or “ papabotte ” in the South, in recent years have been very much reduced in numbers. Breeding in the North from Kansas to Canada, and wintering in South America, they pass through Texas in spring and fall, when great numbers are shot for food. They are essentially prairie dwellers and only occasionally come into the bottomland fields; but wherever the prairies are cultivated they visit the plowed fields in considerable numbers and pick up a great many insects. In fact their food consists almost exclusively of insects and, besides the boll weevil, includes great numbers of other weevils. Of the plover thus far examined, only 13 have been taken in cotton fields. One of these, collected April 9 at Columbus, Tex., contained a boll weevil. Forty-eight specimens taken on the prairies in March were examined, but while their stom- achs were filled with weevils of several species and other insects, no boll weevils were found. The fact that the plover are so fond of weevils strongly suggests that if their numbers can be increased by protection, so that more of them will visit cotton fields, they will render valuable aid in destroying the boll weevil. Their spring migration brings them to south Texas about March 15, and from that date until May 1 or later they are moving gradually northward across the State. They are thus present at the most critical period in the development of the boll weevil, and every weevil destroyed at this time means a great deal to the cotton grower. Their autumn migration brings them into the cotton districts in August, when they are said to visit the cotton fields in numbers. Further investigations are necessary to show the nature of their food at this season. KILLDEER. ‘Killdeers breed throughout Texas and Louisiana and winter abun- dantly in the southern portion of these States. Although mainly a bird of the pasture, they frequently visit plowed fields, and in spring gather in flocks to feed in the freshly-turned furrows. Twenty-one QUAIL, NIGHTHAWK, ETC. 21 specimens taken in February and March have been examined, and of these 1 had eaten 2 boll weevils, another 3. In the summer and fall they rarely feed in the fields. QUAIL. Quail stomachs to the number of nearly 200, taken in every month excepting January, May, and June, have been examined, and thus far only 1 boll weevil has been found. Quails are very largely seed eaters, insects forming only about 15 per cent of their food for the entire year.* Under favorable conditions they are likely to pick up ‘some boll weevils, but in view of the results of stomach examinations already made, they can not be expected to destroy large numbers of weevils, and statements of quails’ crops found “ filled with weevils,” which appear from time to time in the newspapers, must be taken with many grains of allowance. NIGHTHAWK 3 ‘‘ BULL BAT.” Nighthawks breed locally throughout Texas and Louisiana, par- ticularly in plains and prairie regions, but usually are not abundant in farming districts, except during migrations. Only 10 specimens, taken in August and September, have been examined, and of these 4 contained a total of 15 boll weevils. Two of these birds had each eaten 6 weevils. Nighthawks are thus seen to be important enemies of the boll weevil, and wherever they occur they should be carefully protected. WARBLERS. The warbler family is represented in Texas by a large number of species, most of which are inhabitants of woodland. A few species have been observed in cotton fields, and two of them have been found to eat boll weevils. Yellow warbler.—Yellow warblers are common in Texas in sum- mer, and during August and September they frequent the cotton fields in some numbers. Twenty-five specimens have been examined, 1 of which had eaten a boll weevil. Yellow-breasted chat——Chats occur sparingly in the timbered por- tions of Texas. They are lovers of thickets and usually are so shy that they are not often seen. Five specimens were taken in Septem- ber in a cotton field bordered by thickets, and 1 was found to have eaten a boll weevil. TITMICE AND WRENS. Two species of titmice and the Carolina wren have been found to destroy boll weevils. They are forest-loving birds and their work is done chiefly during the winter, when the weevils are in hiding. ¢ Judd, Bul. 21, Biological Survey, U. S. Dept. of Agriculture, 1905, p. 37. 22 RELATION OF BIRDS TO COTTON BOLL WEEVIL. Tufted titmouse and black-crested titmouse—One or the other of these closely related species is found over most of the timbered por- tions of Texas, the tufted titmouse being the more eastern and the > black crested the more western in distribution. The former only is found in Louisiana. One tufted tit taken in March and 1 black- crested tit taken in December had each eaten 1 boll weevil. More specimens taken in winter would probably furnish additional evidence of their value as weevil destroyers. The absence of boll weevils from 23 stomachs taken in April and May merely indicates that by this time the weevils had left their winter quarters in the timber and therefore were inaccessible to the titmice. Carolina wren.—These sprightly little wrens live in the timbered sections of Texas and Louisiana throughout the year. They frequent dense thickets and are especially fond of clearings choked with fallen timber. In such situations they seek and capture boll weevils during the period of hibernation. Of specimens taken in the fall (November and December), 5 had eaten a total of 6 boll weevils. Their record in spring is not so good, for of 14 specimens examined in March and early April only 1 contained weevils. This one was shot in a tree heavily covered with Spanish “ moss ” in which the bird had a nest. The 2 weevils which he had eaten were doubtless taken from the moss, where they are known to hibernate. MOCKINGBIRD. Mockingbirds, taken in every period of the year excepting mid- winter, have been examined, but very few boll weevils have been found in their stomachs. Two birds shot on February 24 each con- tained 1 boll weevil,* but 35 others taken in February, March, and April showed no boll weevils in the stomach contents. In summer, 85 specimens have been examined, only 5 of which contained boll weevils, each of these containing 1 weevil. WHITE-RUMPED SHRIKE, Shrikes, known in the South under the names “ loggerhead ” and “French mockingbird,” are generally distributed over the cotton country, being more common in winter than in summer. Fifty-four specimens, taken at all seasons, have been examined, only 2 of which contained boll weevils. These 2 were taken in December, 1 of them having eaten 4 weevils, the other 1. AMERICAN PIPIT. . Pipits, or titlarks, as they are sometimes called, breed in the-North and winter abundantly in Texas. At that season large flocks visit the @ Bul. 51, Bureau of Entomology, U. S. Dept. of Agriculture, 1905, p. 153, FIELD INVESTIGATIONS IN 1906. 23 cotton fields and run about among the old stalks in search of food. _ Thirteen specimens have been examined, of which 3, taken in Novem- ber, had eaten a total of 4 boll weevils. BROWN THRASHER. Brown thrashers are common winter residents in Texas and Lou- isiana, inhabiting thickets and brushy timber. Only 1 of the 38 specimens examined had eaten a boll weevil. INVESTIGATIONS IN THE SUMMER OF 1906. FIELD CONDITIONS. At the time field investigations were being conducted in 1906 (August and September) boll weevils had reached about their maxi- mum numbers. In nearly every locality visited they were more abundant than at a corresponding date in 1905. The damage to the crop in many sections was very serious; in others the infestation came too late to injure much more than the “ top crop.” During September the weevils made their annual migration, and at that time large numbers of them were captured in the air by birds that feed on the wing. Birds were rather scarce in east Texas and Louisiana, but abundant in south Texas. Of the 314 specimens collected about one-fourth had captured boll weevils. At one locality (Victoria) 42 per cent of the birds examined had eaten boll weevils. SUMMARY OF OBSERVATIONS. Logansport, La., August 25-27.—Weevils were abundant here and had damaged the crop very considerably. Late planted cotton espe- elally had been able to mature very few bolls. The fields here are not extensive, so that the weevils were concentrated on the comparatively small area of cotton bearing buds and bolls. Thirty plants were examined and 78 weevils found. Five larve were found in one boll. Birds were scarce here, excepting woodpeckers. Nineteen speci- mens were taken, most of them in the brush bordering a cotton field close to the river. Only 2 birds had eaten boll weevils—a crested fly- catcher, which had eaten 3, and a mockingbird, which had eaten 1. Columbus, Tex., September 4-6.—Cotton was in fine condition here and a fair crop of bolls had already matured. Squares were still abundant on the plants, but over 50 per cent of them were punctured. Weevils were numerous, 48 having been found on 40 plants. Grasshoppers also were abundant and furnished food for many birds. Cotton worms were present in small numbers. Birds were not common about the cotton fields, though a good mamy were 24 RELATION OF BIRDS TO COTTON BOLL WEEVIL. seen in the timber and around the dooryards in town. Cliff swal- lows and bank swallows were quite numerous, and about 30 rough- winged swallows were seen. ‘Twenty-two birds were collected, but only 3 had taken boll weevils. One cliff swallow had eaten 6, another 20 boll weevils, these being the only birds of the species taken. Two bank swallows were collected, 1 of which had eaten 2 boll weevils. Victoria, Tex., September 10-15, 1906-—The cotton fields in the river bottom here are extensive. Cotton worms were abundant and quite generally distributed; some of the fields had been entirely stripped of leaves and buds by them, while other fields were in proc- ess of denudation. Boll weevils also were abundant, but on account of the ravages of the cotton worms were concentrated on the green cotton, and doubtless large numbers were flying about from field to field in search of food. September 10, 25 plants were examined and 40 weevils found on them; September 14, 15 plants were examined and 89 weevils found—an average on both days of about 3 to the plant. This count was made, of course, in fields where there were still a good many squares. Birds were abundant here, and 150 specimens of 22 species were collected; 63 individuals of 12 species were found to have eaten boll weevils. Four of the 7 species of flycatchers present here had eaten weevils—the kingbird, olive-sided flycatcher, least flycatcher, and alder flycatcher. The kingbird was quite numerous, and of the 12 specimens taken 6 had eaten a total of 8 weevils. Two olive-sided flycatchers were taken, one of which had eaten 2 boll weevils. The smaller flycatchers were quite numerous, and 3 species were taken; of the 2 alder flycatchers taken 1 had eaten 2 weevils, and of the 4. least flycatchers 2 had eaten 5 weevils apiece. Both the orchard oriole and the Baltimore oriole were present in some numbers, but they seemed to feed on the weevil less frequently than during last summer (1905). Fourteen orchard orioles were collected, and of these only 3 had eaten weevils—1 taking 2, another 1, and another 13 weevils. Of 13 Baltimore orioles taken, only 1 had eaten the weevil—this one taking 9 weevils. It seems probable that the abun- dance of cotton worms induced the orioles to neglect the boll weevils. Swallows were the most abundant birds here during the writer’s stay, and all of the 4 species taken proved to be feeding on boll weevils. The cliff swallow was the most abundant species, and several thousand passed over each day in their leisurely southward migration. Frequently 25 to 50 were in sight at once over the cotton fields, and on some days a continuous stream of swallows was passing for several hours at a time. They flew usually at a height of 20 to 30 feet above the ground, occasionally, however, rising to a consider- ably greater height. Thirty-three specimens were collected, and all but 1. of them had eaten boll weevils. The total number of weevils 4 > ; S. ne ad FIELD INVESTIGATIONS IN 1906. 25 Bccroved by the 82 birds was 612, an average of 19 to the bird. ‘The - largest number taken by one bird was 47. The bank swallow was almost as common as the cliff alts. and 3 the habits of the two are quite similar. Twenty-two specimens were _ taken and 9 of them found to have eaten boll weevils. The largest number eaten by a single bird was 14, the total consumed by the 9 _ birds was 63, and the average per bird 7. The barn swallow was less common than the other species of swal- lows, and their habits differ slightly from those of the others. They were most often seen skimming swiftly over the cotton only a short _ distance above the tops of the plants. They flew back and forth across the fields many times, and the evidences of a movement south- ward were not apparent. Eleven specimens were taken, and of these 5 had eaten a total of 52 boll weevils, an average of over 10 per bird. The largest number eaten by a single bird was 23. Several purple martins were seen, but only one secured. This one contained fragments of a boll weevil. Two species of warblers taken here—the chat and the yellow warbler—were each found to have eaten: boll weevils. Five speci- mens of each were taken, and 1 bird of each species had eaten 1 weevil apiece. . Beeville, Tex., September 17-19.—Weevils were quite scarce at ; Beeville this season, and the damage to the cotton by them was comparatively shght. At the time of the writer’s visit there were few squares on the plants, and consequently many plants harbored no weevils. By selecting and examining 30 plants on which there was a moderate number of squares 23 weevils were found. Cotton worms were present in small isolated colonies. Birds were much less numerous than in August of the preceding year. Twenty-two specimens were taken, including 11 orioles. Six of the orioles had eaten boll weevils. The single orchard oriole taken had eaten 1 weevil, the single Bullock oriole taken had eaten 2 wee- vils, and of the 9 Baltimore orioles taken 4 had eaten a total of 5 weevils. Runge, Tex., September 20-25.—Cotton was still growing and put- ting on squares at the time of my visit. Weevils were abundant, pirsost every plant harboring some of the insects, except in fields where the leaf worm had Beaolinted the plants. yentys five plants were examined and 52 weevils found. Cotton worms were only mod- erately common and locally distributed. Birds were fairly abundant, but the species known to eat the most weevils were scarce. Thirty-nine specimens were taken, but only 3 birds had eaten boll weevils. Five nighthawks were secured, 2 of which had eaten boll weevils—1 taking 2, the other 6. Fourteen 26 RELATION OF BIRDS TO COTTON BOLL WEEVIL. scissor-tailed flycatchers were taken, only 1 of which had eaten a boll weevil. Kerrville, Tex., September 28-29.—Several fields of cotton at Lacey’s ranch, on Turtle Creek, were examined, and weevils were found to be quite common. ‘Twenty-seven individuals were found on 10 plants. Cardinals were numerous, and 4 were shot in a cotton field. One of these had eaten 2 boll weevils. Two phoebes also were taken here, 1 of which had eaten a boll weevil. . INVESTIGATIONS IN THE WINTER AND SPRING OF 1907. FIELD CONDITIONS. The winter of 1906-7 in Texas and Louisiana was unusually mild and generally quite dry. Over most of the cotton-growing area of these States frosts were few and light, and seppa cotton was found commonly, in April, even as far north as Waco, Tex., and Mansfield, La. Such conditions were extremely favorable to the hibernating boll weevils, and in portions of south Texas they were more or less active throughout the winter. Large numbers emerged from hiber- nation in March, and during that month many were found feeding on seppa cotton.. Judging from the small number of weevils found in birds’ stomachs taken in April, it seems probable that by that time the majority had emerged from hibernation and begun to feed on ihe young cotton plants. Observations were carried on chiefly at five localities in south and central Texas and northwestern Louisiana. A comparison of the relative number of weevils found in the birds examined at. different periods shows clearly that the best work of birds is accomplished early im the season, while the weevils are still in their hibernating quarters. Thus in the period from February 11 to 16 in south Texas, with seppa cotton abundant, 6.6 per cent of the birds examined contained boll weevils; from February 26 to March 9 in central Texas, with the seppa cotton scarce, 13 per cent contained boll weevils; from March 12 to April 11 in south Texas (same localities as in February) 2.7 per cent contained boll weevils; from April 12 to 24 in central Texas (same localities as in March) none contained boll weevils, and from April 26 to May 23, in northwestern Louisiana, 2.3 per cent contained boll weevils. SUMMARY OF OBSERVATIONS. Cuero, Tex., February 11-12.—Nearly all fields were plowed and cotton was being planted. Birds were abundant, particularly vesper FIELD INVESTIGATIONS IN 1907. 97 ‘sparrows and savanna sparrows. A few small flocks of Brewer blackbirds were feeding in the plowed fields. Eleven of these black- | birds were collected and 4 were found to have eaten boll weevils, one | taking 4 weevils, the others 1 each. Seven of the savanna sparrows | were taken and in 1 a boll weevil was found. I Victoria, Tex., F ebruary 13-16.—Most of the fields in this vicinity had been plowed and some had been planted. Dry weather had retarded the farming operations on many of the farms. Brewer _ blackbirds were quite abundant and 22 specimens were taken, most of _ them in a large field in process of being plowed, in which the stalks had been broken down a month or more ago. There was consider- able rubbish, consisting of dead grass and old cotton bolls and stalks, i on the ground in this field, but a careful examination of a half bushel - of this rubbish failed to show any weevils. Three of the Brewer blackbirds taken ‘in the field, however, had each eaten a boll weevil, _ and 2 taken in another field had each captured 3 boll weevils. Sixteen killdeer were taken in the field above referred to, but none of them had - eaten weevils. They fed mainly on large, juicy larve turned up by - the plow. A single killdeer shot while flying over a pasture near ~ town had remains of 2 boll weevils in its stomach. Savanna sparrows were abundant here, as at Cuero, and of the 7 birds taken, 1 contained a boll weevil. | Gurley, Tex., February 26 to March 9.—At this date only about half of the Gurley ranch had been plowed and no cotton had as yet been planted. Birds were only moderately abundant, the most nu- “merous species being meadow larks, savanna sparrows, and vesper sparrows. One hundred and forty-six specimens of 29 species were collected here, and 19 individuals, or 13 per cent of the total number taken, were found to have eaten boll weevils. The weevils at this date were probably found in their hibernating quarters or else crawl- — ing about in search of cotton plants on which to feed. Large flocks of blackbirds of several species flew nightly down the valley to roost, but very few of them alighted in the fields to feed. A flock of bronzed grackles ved for several days about the fields, following the plow in the furrow or the harrow as the old stalks were being raked. Eighteen specimens of this blackbird were taken, 5 of which had each eaten a boll weevil. These 5 birds were all taken in one day in a small field where the old cotton stalks were being raked. Eleven eastern meadow larks and 18 western meadow larks were taken in the fields, and of this number 3 of the eastern larks and 7 of the western larks had eaten boll weevils, the total number of weevils taken by the 10 birds being 14. They were not in the habit of follow- ing the plow, as the blackbirds do, but fea in the open portions of the. unplowed fields or among the standing stalks of cotton left from last #:. pO! Us Eee Pe ee age ne 7 aes <8 "OR cs, > ie rae does ; a ’ ee ee a iY idan 28 RELATION OF BIRDS TO COTTON BOLL WEEVIL. season. The weevils eaten by them were doubtless picked up from the rubbish scattered about the fields. Only 4 of the savanna sparrows were examined, and of these 1 con- tained a boll weevil. These sparrows were very numerous about the fields and the number of weevils destroyed by them at this season must be very large. Two other members of the sparrow family were found to have eaten boll weevils—the httle field sparrow and the larger chewink or towhee bunting. Both of these species fre- quent the dense thickets and the field sparrow is found also about the brushy borders of the cotton fields. Five of the towhees and 4 of _ the field sparrows were collected, and one of each had eaten a boll weevil. | The tufted titmouse occurs sparingly in this portion of Texas, living in the timbered bottoms and in the post oaks. The single bird collected at Gurley contained a boll weevil, which had probably been secured in the upland timber. Cuero, Tex., March 12-22.—At this date most of the cotton had ‘been planted and much of it was up from 1 to 2 inches. On account of the unusual mildness of the past winter, a great many plants of seppa cotton were growing in the fields, and upon these plants most of the weevils were feeding. On March 18, 100 plants of seppa were examined for boll weevils and 14 of the insects found. Blackbirds of three species—Brewer blackbirds, redwings, and cowbirds—were abundant in the fields, where they settled in large flocks, numbering a thousand or more, to feed on insects turned up by the plows. Meadow larks and savanna sparrows also were quite numerous, but other birds were rather scarce. About 200 specimens were taken, but only 6 individuals had eaten boll weevils. Of the 48 Brewer blackbirds collected, 3 had eaten 1 weevil apiece, and of the 60 cowbirds taken, 3 had lkewise eaten 1 weevil each. These results indicate clearly that the birds do not find the weevils to any extent after they have begun to feed on the young cotton, and demonstrate the necessity for destroying every stalk of seppa cotton in order that the weevils which emerge early from hibernation may be deprived of food and at the same time exposed to the attacks of the birds. Victoria, Tex., March 25 to April 4.—Conditions here were much the same as at Cuero. Cotton was 1 or 2 inches high and receiving the first cultivation before being thinned. Boll weevils were numer- ous, and said to have been more or less active all winter. Twenty stalks of seppa examined on April 1 showed 12 feeding weevils. Two hundred and twenty-nine birds were collected, but only 5 indi- viduals had eaten boll weevils. | / Blackbirds were still abundant, though less so than in February. Five species were represented, the most numerous being the redwings, the bronzed grackles, and the great-tailed grackle or jackdaw. FIELD INVESTIGATIONS IN 1907. 99 a Phe redwings fed mainly in pastures grown up to huisache, but they were pee mall seen in cultivated fields. Of the 18 speci- mens collected, 2 were found to contain 1 boll weevil each. The ‘great-tailed grackles were very fond of following the plow, but only 1 of the 17 birds taken had picked up a boll weevil. The meadow larks were much reduced in numbers, most of them having retired to ‘the prairies to breed. Eight specimens were taken in the fields and “the stomach of one of them contained a boll weevil. _ Columbus, Tex., April 6—11.—Cotton was a little farther advanced here than at Victoria, and there was a large quantity of seppa grow- | ing in most of the fields. Six boll weevils were found on 25 stalks of | the seppa. Birds were rather scarce about the fields. About 50 specimens were collected, only 2 of which had eaten boll weevils. - Four Carolina wrens were taken in the timber along the river, and the stomach of 1 of them contained 2 boll weevils. Gurley, Tex., April 12-24.—At this date cotton was 3 or 4 inches | high, but not yet thinned. Only a few stalks of seppa had survived | the frosts, but these had been discovered by the weevils, which were | thus provided with food until the planted cotton became available. _ Three weevils were found on 1 seppa plant and 1 on another. Birds were rather scarce at this date. About 100 specimens were taken, mainly the smaller brush-inhabiting species, but none of them had eaten boll weevils. | Mansfield, La., Apri 26 to May 3—On account of a cold, wet - spring the cotton here was very backward, and most of it had been planted over once or even twice. Seppa cotton had survived the late frosts, however, and boll weevils were found feeding on these plants. = Birds were very abundant, particularly woodpeckers, wrens, tit- ~ mice, wood pewees, and pholeutd orioles. Most of them, however, _ fed in the timber where insect food was abundant. Wingbirds were. _ numerous about the fields and pastures, and of 8 specimens collected 1 had captured a boll weevil. i Crested flycatchers were not common and, as they frequent the taller trees in the woods, it was somewhat of a surprise to find 2 boll weevils in the stomach of a specimen, shot from the top of a large pine, at some distance from the cotton fields. The orchard orioles, whose usefulness during the summer months as boll weevil destroyers has been well established, were found to be already beginning their good work. Eighteen specimens were exam- ‘Ined and 1 of them (taken April 27) had eaten a boll weevil. rgd oe ra ate Salas Rey 30 RELATION OF BIRDS TO COTTON BOLL WEEVIL. = =e SCHEDULES OF STOMACH EXAMINATIONS. RECORD OF BIRDS EXAMINED WHICH HAD EATEN BOLL WEEVILS. ‘During Janu- ; : _ |DuringOeto- | ary, Febru- | , During | During July, | ber, Novem- ary, and pril, May, | August, and ber, and | Merch. | 224 June. | September. | pecember Sate i . ; | { r =} | f >} . a =ele lena? | Bim .|, | Sia my ee | Species. So the SB Ols — fot ; mt O12 8s laos ic Bees ES ES SeGSIPESsl28 Seles (Es lesae OF Sor Ces oie ft 28 e329 eee 38 SS/S2l\s 8/2 eloSled 83) 62 lag [Selex SR ISCSISSISRISSIO SI SOR (Sxl O5 168 lealo8 v Aas) eBreiaciscie mas are a2 |s3 “Bre : AF") ea | Upland plover (Bartramia longicauda) ....--- fee (Pi a (eee Ue a | 5 Gl Pare I er an er Killdeer (Oxyechus vociferus) .....--.--------- ee Bes Soares hes ee 6 |. eee | ier Texan quail (Colinus virginianus texanus)....| 40 |...-|----| 10 |....|.--.| 38 |----].<... F708 | 1 1 Western nighthawk (Chordeiles v. henryt).-...|-----|----|.--- oss bese) eos i seb ie | oe aeee fae Scissor-tailed flycatcher (Muscivo) a forficata) -|....-|---- ses ee Sl [ne hee Pot Uk 93 7 \ eee Bee: Kine pire ( Tyrannus tyrannus) i2.0 2 Sao a ee eee ee Ut es Pip BF 2a) § | 2taaieeee jae Crested flycatcher ( Myiarchus crinitus)-...----|----- Tees) beesei a Al a i es ia lah Sh 3 |.c seal soot eee Pheebe) (S@yornts prev) — = fee eee S) Inner = os Ios loose ea | meee et 1} 1S ee ees Olive-sided flycatcher (Nuttallornis borealis)..|..-.-.----.--------|---- eee ree ast 2 see Alder flycatcher (Empidonaz trailli alnorum) .|..... ---- .---|----|---- Loos ae 2 Se seaee eee Least flycatcher (Empidonax minimus) ....--.|---.- ---- | eee ference -<-s| J4°/-W2)>21 eee Cowbirds Molothrus ater) -=- 325 - ee 1 SB ile Ase 4 a Sere tee oa 2 el te AHS 3 | 2d. aia Red-winged blackbird (Agelaius pheniceus)..| 34, 1} 1/16) 1] 1] 11 }....)..... 49 | 21 oe Meadow lark (Sturnella magna and sub- | | } { SPOCIES)) 28 ose een nes: ao eee Weta ue Wi ie ee es peer oe es = 183 | 28} 3: Western meadow lark (Sturnella neglecta)-...| 50) 7) 9 I----)----|----le--=-|--5-|occeat 66 gb ee bss Orchard oriole (Icterus spurtus) ...----------- ee aoe eee | 20 LT | 101") 30°)" 645,23 4eeeee anes Baltimore oriole Gicterus galbuld) e225 =5222 5a oleae ieee 242 .c.|c.6-|, 508) 11 | 2948 ieee gers Ballockoriole (4 Gierusthullochn) sere cee eee eee |-.2-=|'-2-s|.---| 149 |°40' 9133 Brewer blackbird (Euphagus cyanocephalus) -| 101 | 15 | 28 | 1 |.-.-.|....|-.-.2).-.-}...-- See 2 Bronzed grackle (Quiscalus gq. eneus)-.---.---- 36) | S011 bn] AOA ese enn | eee 3S: See Great-tailed grackle ( Vegaquiscalus major ma- | FOUN US Yue eee Care ae eS = Sl tae be ay Wea) fis Bt 6 | eee 9y| ieee Western savanna sparrow (Passerculus s. alau- | | | AUS). oe St ce ee ci ee Se eee Qi aa) S38] 2a aes cece eee tate eee 18x ig Western lark sparrow (Chondestes grammacus | SUUGAUIS) 2 Nae oe Sa ero Nas see eee eee | Et are eer cea PaSA Sos Coa se eo White-throated sparrow (Zonotrichia albicol- | HIS) So 2s oan oe eae Adee eee sees | OMe ieee = ES eee ES tae Osi, a ib Field sparrow (Spizella pusilla) ....----------- POE eat eal) Nid Bs Teneo (ol a oe 5. loos | besos |. 2 Towhee ( Pipilo erythrophthalmus) .....-.-.-.- il [at Bae ec! FS Bs Sach foe Neaerels - [> Sag pecefeeee Cardinal ( Cardinalis cardinalis) .......------- fea der (a) Fars epee inert, 4y| 2a eats een Texan pyrrhuloxia (Pyrrhuloxia sinuata tex- | | GRO) ss eo RS, oe he a ee el Bees ee [poeta ce spear 64] 2) 2 | ees eee Painted bunting (Passerina Ciris)....---.----- [ee tea eee tecoe: beara j--=-| 109) 3S) 08) sss) eoee eee Dieckecissel (Spiza americana) -...22------2+---- Pe aties peace een | DT | sete. | (26... 3a. 3: eos eee Purple martin (Progne subis) ..........------- (eee eee Selo Deed: 1 5 [1 ae ae in Cliff swallow (Petrochelidon lunijrons) ...-...- | |i See) ey a eS | 30 |) 34. |, 6385] 2 22 ae Barn swallow (Hirundo erythrogastra)........|....-|.---|.--- | Seah eee eee 8 14°) > | 52:5 16s Bank swallow (Riparia riparia).....---...- Re eos taee ee eee ae [=e =| 20°) Dik) 68423235 ee ee White-rumped shrike (Lantus l. excubitorides).| 19 |....|....| 4 |..-.|...- cb pe pais 24S i: Yellow warbler (Dendroica estiva) ......----- raed BS Ars eee ee ene et es eye 1 |. 22. | SS Yellow-breasted chat (Jcteria wrens) -..-...--|-----|=----|=--= FSerees fee mais 5| 1 i eres sa |: American pipit (Anthus pensilvanicus)........ 5s eee ee ed eee ee Ne ee eee ay oe Sie 4 Mockingbird (Mimus polyglottos),.....--...--- lal gl (eae ie 3 ees 85 | 5 5 5 aol ees Brown thrasher ( Toxostoma rujum) ......----- 2 Vem | oe 5) ele era ee bei fase lance: 29 | 1 1 Carolina wren ( Thryothorus ludovicianus) .-..- ff hse ceo ad Ue iT U8 S| eae ee fay 6 Tufted titmouse (Bzolophus bicolor) .....-...- D> Ade del Sud ee Fe ek ae tel ae Leelee Black-crested titmouse ( Bxolophus atricrista- | tus) . Asoc sso sre tse s tos s5dt sso c Se se ssc + sscsce Jrocee oe oe [Esp e225 tl asticleeoes 2 1 i SCHEDULE OF STOMACH EXAMINATIONS. ol ~ RECORD OF BIRDS EXAMINED WHICH HAD NOT EATEN BOLL WEEVILS. Number of birds exam- ined during— ; Comer a 2 ee ous, |Orm a sy Species. Ae | oe a Zag bm 9| BY |S Osi eg Rea) Ss p29 28 SSe\a> lao |SAs Se Be lee ae Oe = iB S85 ok d ourning dove (Zenaidura macroura) ......-.-.-----------+-------+++-222222- Qilae aaa 115 112 Mexican ground dove (Chemepelia passerina pallescens) ....-..---------------|------ [Seems [eed Bl 5 Polow-pilled cuekoo ((CoceyZws @mericanus)) 2 6.225222 ee se halen cee selec ces il HG eaeae ote ‘D Bray wOOd pecker CUryobales PUDESCENS) 2.22 sien oe hee ees Se eee See ee seen - [eee eee CN ee al UA ER Basle -Red- ecockaded woodpecker '(Dryobates borealis) ...--.-----+-----------------2|.----- Di eee ie AR reeds fexam woodpecker CDryobates scalaris bairdi).. 2.22.22. 2222-5 seee sss se 2 3 cess lac ee esl ice eee 4 2 Red-headed woodpecker (Melanerpes erythrocephalus) .....-.---------- ones [Pete ae 14 4 3 Red-bellied woodpecker ( Centurus carolinus)...------ FSET pete ae eae es om Cate ot akc he oN ee D) 2 ( olden-fronted woodpecker (Centurus aurifrons) .....-..----+-------+-.+-+--|.----- re ne Giri ramet paar GGGHUDICS CUTONUS)) ofa amor «orion wim oe ie om ee eo z 1 1 3 Wood pewee e OMUC/DUS. CORGUS) So So Bp OO ORNS BoC See0e sBtss SeSe Sars Boas Cee eare ss 18 aE Ne Sas pyellow-bellied flyeateher (Hmpidonaz flaviventris) .....-..-.-------------+---|--.---|.----- | hale Sere ~Green-crested flycatcher (Hmpidonaz virescens) ....-------------+--+----------|------ 1 De Ses ee Ea CG HO ILOCIUOICLISUCLG Pavete tai walon Sao sites eae n Snes so eee Sees Soe cee eee leone e a | 1 1 2 musuy blackbird (Huphagus carolinus) ...-..--------+-++---+:------- Peta d cette oases hee eee 10 myvestern vesper sparrow (Powcetes gramineus confinis) ...----.---+-.+-2+------ Didi Nts ote |ss eee 11 ‘Western grasshopper sparrow (Ammodramus s. bimaculatus) ....--.---------- 12 Or iat so 5 White-crowned sparrow (Zonotrichia lewcophrys) ....-----------------+------- | 3 Briere 4 ese EMaCe SPALvOW: (US MUCCLLOE NL: OGNTOCEG) am sabes. Notes eee noes et eeee soos se theo se c|oeenme 5 Pula COLOLed sparrow (Spi2cula Pallida@) s. 25.3. - cee seen see ne eee eee osc-s | TA Bre re Pi Sebachmamsparrow, (Azmophila a. bachmant).....--..------6-52222225 552+ .0524-|0--5-- BA nets | Sie Se UNC OLMISPALLOW: GVELOSDIEG VUNCOINT) 2228s eo ects ecco se seen cee act eee eke 14 | Set aes ee ee SEL PNAS ALL OVE (l CSSETCLLG TUAW) 2101s siwinw See see te Sac an swe eee se cll cisco esese ee De eset lee eas 9 BEM TOS Mera GLU OG CONULEM Niaornicm ears sae Ooh a se) oie toe eine oe eee et eee ee tne len sear Ouilaeeetee treo puntine<(Passering Cyaned) . 5.5. -. 262... ss 2.0.60. ioe e eke lee s| ese 2 Teles ee MMIC INAS erN CET ONGC UOT) xiat ee eeis amici eee vel. Boose ok Seine eee eee ce loasces | Ui alia eee Rough-winged swallow (Stelgidopteryx serripennis) ...-.-..------------- -----|------ 2 Pil reece Enrol ewe CAMELS COUTONUNE) «= 22a e~ =n 22- sec nee- 2 eee See sess | ose | Dynes on eos mred-eyed vireo ( Vireosylua olivaced)......--.--2--------2-----2--------2------|------ 5 Te ABs a= _ White-eyed vireo ( Vireo MOMEVOR CES OS) pce oa a Se BCe BRS Rae depen Bere ees see il 7 PO eee re Peasiivilic warbler ( Vermivora rubricapilia).......-.....2.+-.--2.-~22---2-.-6.|.---2-|leeeee fs | espns Batyrtie Wwanbler (Mendrovca COronatd) =~ === 8 2-2-8, 2 es 2 2 == 2 Pie eteecme deme a.s Pine WO LCMa CMO UROLCOMOLGOTSU) miseias fais ae kecce © ese ee Soe thseces otic soles been | yp | aden | oscar eecentucky warbler (Oporornis formosa) ....:.-.-.----.-----------+--+-- 22+ +204]: See | Oo: eee ees Mourning warbler (Qporornispiiladelphia) .....-.-..--.2--0--2-2-2----+-ss--|-----< | Gi Sena eee _ Northern yellowthroat (Geothlypis trichas brachidactyla) ....--.-----.---..--- 1 il Lgl semen meunve-pilled thrasher (Toxostoma Curvirostré) .. 2. os... elk et eee sgt lees eee 6 ile ees mhexan Bewiek wren (Thryomanes bewickt cryptus) -...-...---.-----------+---- Dione ce 3 2 _ Western house wren ( Troglodytes aédon parkmant) ...-...-.-....------------- 4 el eile alt a See A Seue-eray puatcatcher ( Polioptila cxruled) .......--..--- 2. ----- 2522 eee ee eee 1 bi RS al fs he PeaLonueneadedmnuthateh: (Sita PUstl@) = acc asc. - cus. 526s cSe eee -2 6 oee0 ses see|-occee Ileana Peecmin birish.(Fylocichia g. pallast) -..-. ..0-- +2222 -)-.9-see% ee oles dees e etek 2 1 peat eRe MME SU UUSEOL(S) | we ices eee mnie nin wee mmo fom ve csin doe wtie onje wee eve teens 3 Dee Sees 6 —- > i Dlg Salt oa a ee I. Ne Se. ae oe ; Ve om WE be es Pik oy a ae ; “7 3 igh Lee see ae, ii = f vrs pee.) Issued November 11, 1907. Teen S.DEPARTMENT OF AGRICULTURE 7 MOLOGICAL SURVEY —BOLLETIN-Nosa0 Eee yh 2: C. HART MERRIAM, Chief Bi IRDS OF CALIFORNIA Wo AR So IN RELATION TO THE 235) oe Po PRUIT INDUSTRY 60s 0) eg Slee ce By fOr RRAL) oS 28? : Assistant, Biological Survey - <, KN 2] > A Ta T aN fF, ac he, URES LOG3 . _-', “WASHINGTON gee ue a a GOVERNMENT PRINTING OFFICE a 1907 - & Sed Bs SB, 4-H Af Se heb Oe ae ee at oa 2a a ois > . : < Z Pigs typos ae efoAIng Teotso Tot, “FeTtuUo SUT 1OV 2 “AVHSNHH °A °H se: | ‘sanof ATni, ALON “UL TMOTAY POSOTOUT ST YOTUM JO fdoo @ ‘0S °ON UTISETINA jo pesysut pepdemdos Tf “ON UTTETING JO Adoo puooss dU} ‘9Se1sod ou soadtnbed YoTtumM ‘edoTeAus psesoTout ut SutTuanzed Aq oSTTqGo TTT nor “1,061 ‘6T TaqMeAoN ‘79 “qd ‘UO TPUTUSeM ‘9 ‘a ‘'NOLONIHSYM AZAYHNS 1VOIDOTOIS Ee) nwauna PE LUI Ee) ae saivis aaLiNn Bul. 30, Biological Survey. U. S. Dept. of Agriculture. PLATE |. THE ECKERT LITHOGRAPHING CO. WASHINGTON, D.C CALIFORNIA BUSH-TIT (PSALTRIPARUS MINIMUS CALIFORNICUS). Issued November 11, 1907. U.S. DEPARTMENT OF AGRICULTURE BIOLOGICAL SURVEY—BULLETIN No. 30 C. HART MERRIAM, Chief BIRDS OF CALIFORNIA IN RELATION TO THE FRUIT INDUSTRY eA 1. By F. E. L. BEAL Assistant, Biological Survey WASHINGTON GOVERNMENT PRINTING OFFICE LOOT LETTER OF TRANSMITTAL. U.S. DeparTMENT or AGRICULTURE, BroLocicaL SURVEY, Washington, D. C., July 27, 1907. Str: I have the honor to transmit herewith as Bulletin No. 30 of the Biological Survey, Part I of a report on the Birds of Cali- fornia in Relation to the Fruit Industry, by F. E. L. Beal. Fruit raising in California is a great and growing industry, and the relation birds bear to it is important. The investigations embodied in the present report were undertaken with a view to the accurate deter- mination of the economic status of every species of California bird that inhabits orchards, in order that it may be possible for the fruit raiser to discriminate between friends and foes; and for the added purpose of suggesting remedial measures for the protection of fruit from destructive species. As expected, the strictly insectivorous birds prove to be almost wholly beneficial, by far the greater per- centage of the insects eaten by them being injurious kinds. They are hence allies of the orchardist and their presence in and near orchards should be encouraged in every way. Of the species addicted to fruit eating, not one was found to make its diet wholly, or even chiefly, of fruit; and the fruit eaters, with possibly the exception of the house finch, are found to feed upon weed seeds and noxious insects to such an extent as to fully offset their destructive propensities. Respectfully, C. Hart Merriam, Chief, Biological Survey. Hon. JAmrs Wison, ' Secretary of Agriculture. CONTENTS. Page OMMNORRIRIEI SRG YLT RSe ta ey tte in Ss er Re ap ae ee eines ale CRE Ral oh a 7-13 MSCERR cl emeerenseee se fa WS ee See any) ees Lee 13-23 sce ete eT PA et Oren gh Bie coin NA be ee AI 2 See a ES 23-26 ODS TELL LONE St aula ch med 7 Os I a eel al a SL Ua Yee Bae EEE AD, 26-33 . CULE ROTUSUII VDSS Sk gS NSE ae cok ees Sgn Ree ey ie PS pL 28-30 PERE eae tr OW a WON og. 3 Pema ho th os be ote Ei Pe 30-32 PRR SECC My SWC allONY = 2 rho sos on Me SD ager et Ee Jat i SESS oS EP DIPSET ET eGo an a i ig a ea eg ARN ge, eee ea hn etre ve 33-38 ORR TS a i cc ine RO ae ie 38-42 esreni aya BOLO VECO) 2 =e se ee So ee ee ee ee 3940 ies eRe Oss e aaee, Cebeee e 2 ea Othe a © hs Se WER RR eee 40-41 PRR EERO OR. 2 fe > Ree hy SMES. OO Ty deal Oe od SS ea Ne eo ie ae 41-42 OT ELSE TREES) or ETE as) oe Os a Ce Ae Parre kee eet ae 42-52 aT OMEN cl AC n= ee ee NF Se ae et ye Bo eS eee 4346 2 LS EET PRT Tg NS ee Aaa SN Sear eg ne ee IS Nee Cg eee Ce 46 wae TITLES SIE SAV EPS 4 FS ae ee Sal Ab ee ee Dat halle ae 4647 BuMiNer walbler 2 Sui Sas ste see any, Wee veneers 47-49 Shae Fe Te PO NV isl ee ed ee ee I Sa toe Oe te a 49-50 Reb ie ESE” CROCCO: Wiel SD) L@irie o e e e B 51 Spe alate way 5s ye et oe re te ee —- 61-52 Se Shete MMGeKITI IEE = 28. ee eA Wa ee we Pal BER 52-55 ae SeObOPAIa CMTASNERr sk 2 Oe Se bet te EE 1 eS ae rect cari ese eins By ae OS ee a hs ieee 2 eee EN ST Pre elayECM vee nh eh Sse Ue waey ee re 2 ice EEN TEER Rte ee PMeEStery HOUSE, WECH2 2 = =e 5 2 See ese Foes sien ARSE Oh ie DP pee 60-62 WESTEEN MHAESIE WEEDH oe gy ok Sep Soe Pe ees CONN 62-64 CACMIS ARV TEM Se og ike eae pay RE NOeE Ae ear MEER ORE ey 2 a 1 Other wrens. <=} ie pea Sees apie Veg Ree aiad eee Re et 65-66 California creeper______- e = eee Sk AEE ee ORO Ne Ree 66 Nuthatches and titmice__________ Roses! Pe aie Se a ee 66-89 Pyomy muthaten:_- 228 Si Ce 8 aaa a ee er rt Ete hee FE oP 67-68 JET SS QUIN Ee) Spee eS a a eee Sad na a ge nes oe A Sex spent ae ee 68-70 ee See SIO CO MCN KCl TOCEe! i sae WM es 70-71 DESK pide eee ee es Oe Ye ag test es a VEE ele Eula 71-T4 Calitorma bush tit2. =~ BSeo eh a pee 5 ae Os ee eS ote 74-80 TED SSS a Sa Se BA SRS NS Sa! a i peter 4 ee 80-84 Ruby-crowned kinglet____----_- pa Aes Boek a) oe RSS ees GR Bee ee 81-84 Western golden-crown kinglet_____~ ee eee en ee ee ee ee 84 - Dee AGUCH Ge eee nensee Bray Ie 2s 2 Bo Se ee rs Sete ev 84-86 Reenter iar neers aes ee en ea ee a Oe Hermit thrush______ ol beg ES FI Aart gE Set ad ae ao ESTEE 7 69 | 71S cn sl pe SSeS DO ts Wey es Rec Ge 93-97 ssa, TeTa rai prtirg es SS Oe oN eae et ne RSENS eg Doe eee ee ee 97-100 ee IL LUSTRAPIONS: 2 Page. -PxuaTE I. California bush tit _______ esse. i Se Sl Se eee II. Seeds of common weeds eaten by the linnet____________________ 16 101. Audubon warbler. _—- 23 ee ee 42 TV. Cachis wren: = oe 2s ee a ee ee 64 Vo lai atits == ae Eee hat a tse ee ee a 68 6. BIRDS OF CALIFORNIA IN RELATION TO THE FRUIT INDUSTRY—PART | INTRODUCTION. In response to numerous complaints from fruit growers concerning depredations by birds in orchards and vineyards in the Pacific coast region, investigation of the subject was undertaken by the Biological Survey several years ago. In conducting this investigation the writer spent about nineteen months in California, including the fruit seasons of 1901, 1903, and 1906, during which time he visited the most important fruit-growing regions of the State, inspected hun- dreds of orchards, and interviewed many fruit growers. Kindness and courtesy were everywhere met with, and every facility was ex- tended by orchardists for the acquisition of information, even to a suspension of the customary rules with regard to trespass and shoot- ing on private grounds. In addition to the knowledge gained by field observations, stomachs of all the species of Pacific coast birds economically valuable have been collected, examined, and their con- tents recorded. When depredations are so widespread and involve so many differ- ent species of birds, a thorough knowledge of the nature and extent of the damage done and of the attending circumstances is of great importance. Next in importance is a knowledge of the conditions that obtain in fruit-growing regions where depredations by birds do not occur. This information should enable the fruit grower to adjust conditions in his own case so as to mitigate if not wholly prevent the evil. In the following pages much stress is laid on the nature of the yearly or seasonal food of some of the more important species of birds, since it often happens that certain birds are more or less harm- ful to a particular crop of fruit, and yet the year through, all things considered, do more good than harm. It must not be forgotten in ‘this connection that there are very few birds whose habits are wholly beneficial. Most of them are neither wholly beneficial nor wholly injurious. They are beneficial at some seasons and injurious at others. In some localities they are deservedly praised for benefits conferred; in others the same species are condemned for destructive 7 a? 8 BIRDS OF CALIFORNIA AFFECTING FRUIT INDUSTRY. habits. With the evidence all in, it is usually possible for the farmer to properly estimate the status of any given species with reference to his own farm and his own interests and to adopt measures accordingly. It can not be too thoroughly insisted that sound public policy everywhere forbids the destruction of birds on a large scale for the purpose of protecting orchard fruits. Wholesale slaughter of birds in the supposed interest of the orchardist is fortunately rare and often proceeds from a mistaken idea of their economic relations. When it is understood that the damage by a certain species is local ~ and exceptional, that the birds in question are on the whole bene- ficial and that their destruction will be a loss to the State, the farmer and the orchardist are usually willing to adopt less drastic measures in defense of their crops and to spare the birds for the sake of the general weal. STATUS OF BIRDS IN NEWLY SETTLED REGIONS. When a new country is settled, large areas are plowed and brought under cultivation. In the process great numbers of native shrubs, weeds, and grasses are destroyed, and various new and exotic plants and trees are substituted. Coincident with this change in the vege- table life, and as a necessary consequence of it, great changes in the conditions and distribution of animal life take place. Some species are restricted in distribution and greatly reduced in numbers, or even exterminated, while others become more abundant and more widely dispersed. The reduction in numbers may occur from actual llling by man, from the destruction of natural breeding sites through clearing, and from a diminution of food traceable to the same cause. The results are exactly the opposite when cultivation and planting afford a more abundant supply of food, greater facilities for breed- ing, and better protection from enemies. The natural result of such conditions is a marked increase in number of the favored species, and this increase probably explains the great devastation of crops by birds that occurred on the Atlantic seaboard soon after the first settlements, and then successively in the States to the westward as these were gradually settled. The early days of agriculture in California offer an interesting case in point. When the native grasses and weeds of the fertile valleys were destroyed to make room for grain, many species of birds, notably blackbirds and quails, were suddenly deprived of their natural subsistence and in place of it were supplied with an abundance of new and nutritious food. Naturally they preferred the cultivated grains (wheat, barley, and oats) to the wild oats (Avena fatwa) upon which they had largely depended. Still later, when many of the AVR A AG EAT ie INTRODUCTION. 9 grain fields gave way to extensive orchards, which gradually crept up the hillsides and into the canyons, other species of birds began to utilize the new kinds of food and also the safe nesting sites afforded by orchard trees. Species that previously attracted little attention soon increased in numbers because of the increased food supply, additional facilities for nesting, and the protection afforded by man, who killed or drove away their natural enemies. As a result, some of them suddenly became of great economic importance, owing to their increased numbers and destructive habits. ° MIGRATION OF BIRDS. Owing to its extent and varied topography, California is rich in birds, both in species and individuals. Here altitude and topog- raphy, as well as latitude, govern climate. This fact leads to many _ peculiarities in distribution and complicates the study of birds in their economic and other relations. The movements of birds, too, are more complex than in the eastern part of the United States. The regular migration north in the spring and south in the fall, which is the rule over the greater part of the country, is here supplemented, in the case of many species, by a migration from the mountains, where they breed, to the valleys, where they winter. Besides the regular migrations, at times remarkable incursions of a single species take place. Such was the flight of mountain tanagers (Piranga ludo- viciana) in the valleys in May, 1896. In several parts of California these birds appeared in immense numbers in localities where pre- viously they had been rarely observed. Their appearance coincided nearly with the ripening of the cherry crop, to which in some places they did much damage in spite of the fact that great numbers of them were shot. CAUSES OF DEPREDATIONS BY BIRDS. The failure of customary food supply sometimes leads birds to forage upon crops which they do not commonly eat. This may be the explanation of the depredations of robins in the fall and winter of 1900-1901, when thousands of these birds pillaged the olive orchards in Santa Clara Valley, the region about Santa Barbara, and other parts of California. In that year it was as much as the olive growers could do to save part of their crop. Since then no case of excessive loss of olives has been reported, though occasionally some damage has been done. . The amount of damage inflicted by birds upon a crop often depends upon the surroundings. In the case of orchards in the midst of a treeless plain depredations are mostly confined to such birds as nest in them, but they may be visited and damaged by others during 10 BIRDS OF CALIFORNIA AFFECTING FRUIT INDUSTRY. migration. On the other hand, fruit grown near or in brushy can- yons or on wooded hills is taken by birds that live in such places; or a stream flowing through a region of orchards may harbor in the shrubbery on its banks many birds that do not live in the orchard itself. Hence depredations by birds may arise: (1) From the settlement of a region and consequent introduction of new crops, accom- panied by a diminished supply of natural food, destruction of ene- mies, and a general change of natural conditions; (2) from failure of the normal food supply, causing migration in search of food, or an attack upon some product which the species does not usually eat; (3) from proximity to a particular crop, in which case the bird natu- rally eats that which is most available. CONDITIONS IN: CALIFORNIA COMPARED WITH THOSE IN THE EASTERN Fi STATES. Before proceeding to a consideration of particular birds, one point should be specially noted in connection with the subject of the rela- tion of birds to fruit in California. Those parts of the State where fruit is grown are not so well supplied with wild fruits on which birds feed as are the fruit-growing areas of the Eastern States, or even of those farther north on the Pacific coast. While California has an abundance of wild berries which serve as food for birds, they do not commonly grow near orchards and vineyards. In the Eastern States a pientiful supply of fruit, as acceptable to birds as the best products of the orchard or garden (perhaps more acceptable), is usually present in pastures and along roadsides, so that it is only where wild fruits are exterminated by cultivation that birds are forced to eat cultivated kinds. So abundant is wild fruit in some regions, as in the United States east of the Alleghanies, that it is safe to say that thousands of bushels of blackberries and rasp- — berries which grow wild everywhere annually fall to the ground and rot, in spite of the fact that great quantities are gathered and eaten by man as well as by birds. The same is true of blueberries (Vac- cinium) and huckleberries (Gaylussacia), which are so abundant in a wild state that in their season they appear in the markets of most of the cities and large towns, and are eaten in every country home in the region where they grow. In addition to these are several species of dogwood (Cornus), holly (Ilex), cherry (Prunus), Viburnum, and many others, all of which are freely eaten by birds. Although many of these fruit-bearing shrubs are represented in California by related species, they usually grow in the mountains remote from fruit-growing districts. In fact, the elderberry (Sam- bucus), the introduced pepperberry (Schinus molle), and an occa- sional mistletoe berry are the only important uncultivated fruits . INTRODUCTION. 1 that -appear in the stomachs of California orchard birds. On the other hand, in the Eastern States more than 40 species of wild fruits have been found in the stomachs of a single species—the Eastern robin. In the general dearth of wild fruits on the horti- cultural areas of the Pacific coast it is not surprising that when domestic fruits were first cultivated there the birds gave them a warm welcome, and the orchardist’s crops suffered accordingly. Another reason why birds attack fruit in California more than in the regions farther east is the dryness of the summers, juicy fruits proving an acceptable substitute for water. To secure enough water for their necessities California birds must often fly several miles, while in the Eastern States localities are few in which water can not be cbtained within a few rods. In confirmation of the theory that in attacking fruit liquid for slaking thirst is sought by birds as much as food, it may be stated that much of the injury done to small juicy fruits in California, such as grapes and cherries, consists of simple punctures in the skin, through which apparently nothing- but juice has been drawn. PROTECTIVE MEASURES. It would appear most desirable that some of the available fruit- bearing trees, the fruits of which are of little or no value to man, but which to birds are even more acceptable than cultivated kinds, should be freely introduced into California for the protection of the orchard- ist. That some of them would thrive there hardly admits of doubt. Morus alba, the Russian mulberry, is one of the best, the fruit having little value-unless as food for birds. All fruit-eating species are fond of it. Both the red and the black mulberries are equally sought after, but are not often planted for birds alone. The paper mulberry (Broussonetia papyrifera) 1s hardy and is a favorite bird food. Sev- eral species of Prunus or cherry, including the choke cherry (P. vir- giniana), and especially its western form (P. demissa), the black cherry (P.serotina) ,and the bird cherry (P. pennslyvanica) are of great value in protecting fruit crops, birds almost invariably selecting their fruit in preference to the cultivated varieties. There are also several ornamental varieties of cherries, such as the European birdcherry (P. avium), P. pendula of Japan, and P. spherocarpa of Brazil, which are hardy, the latter in warm regions only, and valuable as bird foods. Both the pepper tree, Schinus molle, and the elder, Sambucus, now abundant in California, are eaten by many birds, and both may be planted near orchards with the certainty that they will serve to pro- tect them. Another measure recommended for the protection of orchard fruit is a supply of water accessible to the birds. Drinking places for birds in every large orchard would tend to reduce the injury done to * 12 BIRDS OF CALIFORNIA AFFECTING FRUIT INDUSTRY. fruit, and would serve the added purpose of attracting insectivorous birds to the locality. Birds undoubtedly select breeding places with reference to the convenience of food and water, and a constant supply of the latter attracts to the vicinity many desirable species. The insectivorous kinds would more than pay the orchardtst for his trouble in their behalf by feeding upon the insects that injure his trees; while fruit-eating species, like the linnet, being able to quench their thirst with water, would not be compelled to resort to fruit for this purpose. The writer once observed a leaky hydrant situated between two 4 rather extensive areas of orchards. The little pool maintained by the drip of this pipe was almost constantly surrounded by birds which all the time were coming and going, so that the number that visited it each day must have been well up in the thousands. An arrange- ment for this purpose need be neither elaborate nor expensive, and would serve a useful purpose. READJUSTMENT OF CONDITIONS. In relation to the destruction of crops by birds in a comparatively newly planted region, experience everywhere shows that after a time there is a partial readjustment of conditions, so that inroads by birds become much less common or wholly cease. On the Atlantic side of the continent at the present time, with the exception of the ravages of bobolinks in the rice fields of the southeastern coast States, few if any cases are known of the annual destruction of crops by birds, while during the first half of .the nineteenth century the several species of blackbirds were a constant menace to grain. Pres- ent immunity results from the fact that increased density of popula- tion has destroyed the nesting sites and reduced the numbers of some of the most noxious birds. This readjustment of conditions is hkely to take place sooner or later in all cases where the balance of nature is disturbed, but in most cases the process may be hastened by the adoption of measures like the ones above mentioned. DAMAGES BY -BIRDS GENERALLY. Study of a number of cases of serious damage by birds leads to the conclusion that as a rule such damage is due to the concentration of a great number of birds within a limited area, usually of a single species or several closely allied ones. If the birds are seed eaters, they visit the grain fields and leave ruin and destruction in their path; if fruit lovers, they seek the orchard and play havoc with the crop. - Instances of this kind are the raids of bobolinks in the rice fields of 9 Ana Seip igi Satelit att spaced acne AE ee Pee HOUSE FINCH. tS the southeastern Atlantic coast, of the blackbirds in the grain fields of the Mississippi Valley, and of the linnets in the fruit orchards of California. It is seldom that complaints are made of birds in gen- eral; one or a few species are usually the culprits, the reason for which is evident—too many individuals of the same species in one locality eating the same things. But when many species are present in normal numbers, such a variety of tastes is to be gratified that no one kind of food is unduly drawn upon. BIRDS THAT INJURE- FRUIT IN CALIFORNIA. When a fruit grower in northern California is asked what birds are most injurious to his crops, he almost invariably mentions first the linnet, or house finch; then successively the blackbird, the oriole, the grosbeak, and the thrush. Or, if his ranch is in a narrow valley or _ canyon, or near wooded hills, he may place the California jay or the quail after the linnet as the next worst enemy to fruit. The writer is pleased to be able to testify to a healthy state of feeling on the part of the great majority of California fruit growers toward the bird population. While many of them stated that they still suffered loss, none advocated measures for the extermination, or’ even the material decrease, of birds. The feeling seems to be prac- ‘tically universal that birds as a class, notwithstanding their sins, still do more good than harm. “ We can’t get along without the birds,” was the sentiment voiced by many and really indorsed by all. HOUSE FINCH. (Carpodacus mexicanus frontalis. ) The house finch, or linnet, has been perhaps the subject of more complaint on the score of destroying fruit in California than all other species of birds together. This bird occurs on the western coast of the United States from Mexico northward to Oregon, and extends eastward to the western edge of the Mississippi Valley. Except in the mountains, it is a resident throughout most of Calt- fornia, but in certain parts of the northern half of the State it dis- appears for a few months during the winter season. In the southern half and in the warm sheltered valleys of the north it is always present. It is a hardy, vigorous species, well able to take care of itself and maintain its ground wherever it obtains a foothold. It is a prolific breeder, raising several broods in the season, and apparently has no enemy (except man) that exercises any perceptible restrictive influence upon its increase and distribution. It takes kindly to the presence of man, and utilizes his improvements for shelter and food. 14 BIRDS OF CALIFORNIA AFFECTING FRUIT INDUSTRY. DESTRUCTION OF FRUIT. Observations in orchards show that in the fruit season the linnet is not backward in taking what it considers its share of the crop, and as it spends much of the time there, field observations alone would lead to the conclusion that fruit was its principal article of diet. Examination of the stomach contents, however, proves that such is not the case, and when we find how small is the relative percentage of fruit eaten, it seems strange that its fruit-eating proclivities should have attracted so much attention. But it must be borne in mind that the bird is wonderfully abundant, which is one of the primary condi- tions necessary for any species to become injurious. ‘Like most fringilline birds, the linnet has a strong, conical beak, with which it can cut the skin of the toughest fruit and reach the pulp. While such an instrument is very effective in attacking fruit, this is evidently not the use for which nature primarily designed it. — It is customary to divide passerine birds roughly into two groups, the hard-billed and the soft-billed species, the- former of which are supposed to feed on seeds while the latter subsist upon fruit and insects. From the standpoint of this classification the hnnet would appear to be most emphatically a seed eater, and examination of the contents of stomachs of the species confirms the correctness of this view. Seeds of plants, mostly those of noxious weeds, constitute about seven-eighths of its food for the year, and in some months amount to much more. In view of this fact it seems strange that the house finch has acquired such a reputation for fruit eating, and it can be explained only upon the principle already laid down that in the fruit districts the bird is too numerous for the best economic interests. While each house finch eats but a small modicum of fruit, the aggre- gate of all that is eaten or destroyed by the species is something tremendous. Moreover, it must be noted that not all of the fruit destroyed is eaten. Only one peck from the strong bill is necessary to break the skin of the pear, peach; or cherry, and the fruit is spoiled; the linnet by no means invariably visits the same individual fruit a second time to finish it, but often attacks a fresh one at each meal. This is proved by the large number of half-eaten fruits, either on the tree or cn the ground beneath. In large orchards, however, complaints against the linnet are fewer than formerly. Here the damage is more widely distributed and con- sequently less noticeable than when confined to a few trees. It is probable that the area of orcharding has increased more rapidly than the linnets, so that the proportional injury is less. At present the chief complainants are the owners of small town lots, where a few trees are grown to supply fruit for home use. As linnets are usually "9 ta HOUSE FINCH. 15 “more numerous in villages and suburbs than in the country, trees in gardens are often entirely stripped. INJURY TO FRUIT BUDS. It is a little singular that formerly most of the complaints against the linnet were that it destroyed the buds and blooms of fruit trees instead of the fruit itself. Thus in 1886 Mr. R. P. Chandler, of: Riverside, San Bernardino County, wrote: The bird which is commonly known as the linnet, or crimson house finch, has been observed to do great injury to the apricot crops of this section by feeding on the fruit buds from the time they pegin to swell until the trees are in bloom. Two years ago my entire apricot crop was destroyed by the above birds, and I took the opportunity to establish the facts of the case by shooting a large nuin- ber for the purpose of examination. A great many of the birds that were shot had small bits of buds, etc., stuck on their bills by the gummy substances of the fruit buds. A further examination would invariably result in finding each and every bird’s stomach filled with buds. The same year J. C. Galloway, of Tustin, Cal., stated: The common linnet does great injury to the buds of the apricot, eating out the center and destroying all the fruit buds on the tree in many cases, usually in January and February, in this latitude. William Proud, of Rancho Chico, Cal., accuses the linnet of eating both buds and fruit. He says: The burion, house finch, or linnet, is by far the most pernicious bird we have to deal with in the orchard. He arrives in March and immediately commences his ravages on the buds of the cherry, peach, plum, persimmon, etc. The first cherry showing a red cheek is sampled by this most rapacious little bird. Then comes the fruit of the apricot, peach, and fig. For the latter he shows a decided partiality. When the fruit crop is exhausted he immediately turns his atten- tion to all kinds of millets, sorghum, Egyptian corn, and other small seeds. As showing how destructive the bird is to fruit, especially in small orchards, the following is quoted from Dr. T. S. Palmer, then at Berkeley, Alameda County, Cal.: The crimson house finch is the only bird that does any considerable damage to fruit. As soon as the cherries begin to ripen the birds keep close watch of the trees, and if the fruit is not gathered as soon as ripe they soon dispose of a large-portion of it. In our garden there are about a dozen cherry trees of. various kinds, and if not very closely watched, within a week or two from the time when the fruit first begins to ripen almost every tree will be completely stripped. Of course, in a large orchard the damage would not be so noticeable, but still might be considerable. Later in the season when the cherries are gone, the finches attack the plums and pears. F. H. Holmes, of Rio Vista, Solano County, Cal., under date of September, 1886, states: Our worst fruit pest is the crimson house finch, which, on account of its abundance and familiarity, it is impossible to scare off. They injure mostly cherries, figs, berries, peaches, and apricots. They often only peck each fruit 16 BIRDS OF CALIFORNIA AFFECTING FRUIT INDUSTRY. a little, and then the bees and wasps take hold and finish the work. * * * Birds that destroy the earlier fruits are generally regarded as the greater nuisance, particularly to the farmer who has not a very extensive orchard. Where fruit is handled as soon as it is in the proper condition, or for an orchard of from ten to one hundred acres or more, 1 have never seen these birds plenti- ful enough to do a great amount of damage. In some parts of the State I presume they might do more. In regard to the habit of the linnet of eating ripe fruit, Dr. A. K. Fisher says: In this valley [Owens], both at Independence and Lone Pine, the species [the linnet] was found to be very destructive to the ripened peaches during the middle of August. Flocks of birds occurred in the orchards, and in some places hardly an example of the ripe fruit could be found which was not more or less mutilated. A number of birds shot in the peach orchards at Lone Pine had little except the pulp of this fruit in their gullets or stomachs. It was known as the ‘peach bird.’ @ Examination of linnet stomachs does not reveal any very consid- erable number of blossom buds, and it is probable that but little of the alleged mischief to fruit blossoms is done by this bird. Moreover, it may be stated that in-most cases budding by birds does little, if any, damage. It is only in very rare instances that birds take all the buds from a tree, or even enough to cause considerable loss. On the contrary, buds are usually superabundant, and budding, whether by birds or by man, is frequently beneficial, relieving the trees from excessive bearing and markedly improving both size and quality of fruit. THE LINNET NATURALLY A SEED EATER. Before the settlement of the Pacific coast region it is evident that the linnet must have subsisted almost entirely upon the seeds of. plants growing wild in the valleys and canyons. With the advent of civilization two new articles of food were presented—grain and fruit. It would seem natural for the linnet, especially equipped as the bird is to extract the kernel of seeds, to have chosen the former, as did the blackbirds, doves, and some other species; but for some reason best known to itself it selected fruit. How much the char- acter of the food had to do with the bird’s choice it 1s impossible to say, but it is probable that attendant conditions greatly influenced the result. Grain is grown on large, open areas, with few or no trees to afford nesting sites, while orchards offer every inducement to linnets as a permanent residence. Moreover, much of the fruit- growing section of the State is divided into small holdings, each with a dwelling with accompanying barns, sheds, and other buildings that afford ideal homes for these birds. Having thus chosen the orchard @North American Fauna No. 7, U. S. Dept. of Agric., p. 80, 1893, = < es ey ee ee ae) ee Bull. 30, Biological Survey, U. S. Dept. of Agriculture. PLATE Il. Fat nvatn e rey aS amar: Seow SS Se LEAS anes SBBAY Le Saat Cy esa Ps 5 rae. Seo Pee eS anes SEEDS OF COMMON WEEDS EATEN BY THE LINNET. Fig. 1.—Napa thistle (Centaurea melitensis). Fig. 2.—Black mustard (Brassica nigra). Fig. 3.—Alfilaria (Hrodium cicutarium). Fig. 4.—Knotweed (Polygonum aviculare). Fig. 5.—Tarweed (Madia sativa). Fig. 6.—Burweed (Amsinckia tesselata). Fig. 7.— Turkey mullen (Hremocarpus setigerus). Fig. 8.—Milk thistle (Muriana mariniana). Fig. 9.—Poison oak (Rhus diversiloba). 4 HOUSE FINCH. 17 for its home it was only a matter of course that the bird should select as its secondary food the nearest available source of supply, namely, fruit. For seeds, which are to be regarded as the linnet’s natural food, grow about the borders of orchards and by roadsides, and hence are readily obtained. , Although the great bulk of fringilline birds normally subsist principally upon seeds, at certain times, notably in the breeding season, they eat a considerable quantity of animal food, mostly insects. Moreover, their young while still in the nest are usually fed largely, and in some cases entirely, upon insects. Quite the con- trary is true of the linnet. The adults eat only a small percentage of animal food, even in the breeding period, and feed their nestlings no more, perhaps less, than they eat themselves. In this respect the linnet is probably unique in its family. Such animal food as the bird does eat, however, is much to its credit. Plant-lice (Aphids), especially the woolly species, constitute a large portion of this part of the linnet’s food; caterpillars and a few beetles make up most of the remainder. | Tt is, however, as a seed eater that the linnet stands supreme. Over 86 percent of its food for the year consists of weed seeds, and it is in this field, if anvwhere, that the bird redeems itself from the odium of its other misdemeanors. When the immense number of linnets in California is taken into consideration, with the added fact that each one destroys several hundred seeds daily, most of which are potential weeds, it must be conceded that the bird renders a valuable service to agriculture, for the sum total of weeds so destroyed is enormous. FOOD. In the laboratory investigation of the food of the linnet 1,206 stomachs were examined, including 46 of nestlngs. All were from California, and from points fairly well distributed over the State, with the exception of the northern quarter. The greater number were from the fruit-growing sections, so that the western coast region is better represented than the part east of the Coast Ranges. They were distributed through the year as follows: JauNAaGy —=— ce ees eae 5 Somalbe VAN ON Sb a Si dark ss lew Oe I ae Ze 118 1 GLE TENS Se an le 35 | September ______ eee Meee, LS Aleta chips 28: Se Deemrepena a Salis 92 | CO) CLOUCTys oe es 22 eee eV eee 108 JSS OTETL] 1 ep ea ol ad SOMMPNovember. Se ie ee a nee 25 Ty 2s oye i i a te (As | PDecemibe rts Bee Ue tr ears Baas 54 Sinn ee eon CN oer ee) a 167 PLINY cae reap i ee 148 OE AGA Mr oe es oleh Sue Ae ae 1, 206 9379—No. 30—07——_2 18 BIRDS OF CALIFORNIA AFFECTING FRUIT INDUSTRY. In the first analysis of the food components the two principal elements are found to be: Animal matter, 2.4% percent; vegetable matter, 97.6 percent. Animal food.—This brings into strong relief the linnet’s sins of omission. Living in a country where constant war against noxious insects is necessary, the bird takes little or no part in the contest, and in return for benefits derived from man renders but slight service in this direction. . The small portion of animal food it takes, however, consists almost wholly of insects and a large proportion of it of plant-lice (Aphi- did), which from their small size do not attract the notice of many species of birds. They appear, however, to be the favorite animal food of the linnet, and it is noticeable that a large percentage of them are the woolly species. Many of the birds when killed had their beaks smeared with the remains of woolly aphides. As these insects are notoriously harmful to many trees and other plants, any bird that destroys them is a benefactor. It is to be regretted that the hnnet should not indulge toa greater extent a taste so well directed. Were 25 percent of its food made up of woolly aphides the fruit it destroys would be well paid for. The other contingent of animal matter found in the linnet’s stomach consists of small caterpillars and a few beetles, chiefly weevils. Most birds that feed on plant-lice eat also the ants that are usually in attendance upon them, but the only trace of ants or of other Hymenoptera in the stomachs of linnets was one ant’s jaw. Grasshoppers, the favorite food of so many birds, were represented by a mere fragment in one stomach. Vegetable food.—The most interesting part of the food of the lin- net is the vegetable portion. This naturally falls into three cate- gories: Weed seed, which amounts to 86.2 percent of the annual food; fruit, 10.5 percent; and other miscellaneous vegetable matter, 0.9 per- cent. Fruit.—Fruit is represented in stomachs taken in January by a mere trace. This was probably of no value, only ungathered fruit or perhaps belated olives. In stomachs taken in February no fruit was found, but in ensuing months it appears in small quantities, increas- ing irregularly until August, when a maximum of 27.4 percent was eaten. In September a trifle less was taken than in August, and after that the quantity decreases until December, in which month a little less than 2 percent was eaten. In March the fruit amounted to about 6 percent, a quantity hard to account for except on the suppo- sition that it was waste fruit left over from the previous year. The a While percentages are sometimes given in fraction, it need not be assumed that extreme accuracy is intended; such figures must be taken as only an approximation to the truth. HOUSE FINCH. 19 | amount eaten in this month is somewhat surprising in view of the fact that in April less than 2 percent was consumed, and it is not until June that the percentage becomes important. It is possible that the supply of weed seed of the previous year may be exhausted by March, when the new crop has not yet ripened; so waste fruit is taken for want of something better. Tt is practically impossible to identify particular kinds of fruit in a bird’s stomach unless characteristic seeds or stones are present. These are rarely eaten by the linnet, which seems to prefer orchard fruit. Cherries, apricots, peaches, and prunes appear to be the favor- ites. This choice arises, no doubt, from the character of its beak already described. While thrushes and other ‘ soft billed’ birds pre- fer the smaller kinds commonly known as berries, which can be swal- lowed whole, the linnet attacks the larger kinds, which yield readily to its powerful beak. Linnets are particularly fond of small pears, hike the Seckel, and often attack them even when they are hard, a fortnight or more before ripe. If undisturbed they will eat every one on a tree, leaving the core attached to dry and blacken in the sun. A few strawberries and fewer blackberries or raspberries were the only cultivated small fruits that could be identified in the stomachs of linnets. A number of birds from the southern part of the State had fed freely on figs, identified by their seeds. If the bird preferred an exclusive diet of fruit, there is no reason | why its taste should not be gratified during the greater part of the year. When cherries are ripe in California linnets need eat nothing else. The cherry crop would be ample for all their wants, though perhaps not much would be left for marketing. The record, how- ever, shows that in June, which is practically cherry month in the central part of the State, less than one-seventh of the linnet’s food consists of fruit. Apricots are ripe in many parts of the State before the month closes, so that lack of fruit can not be urged as a reason why the bird should subsist so largely upon weed seed. In July apricots, peaches, and early figs are available, but still the lnnet eats them only to the extent of one-fifth of its diet, and even in August and September, the months of maximum consumption, fruit constitutes only a little more than one-fourth of the food. Weed seeds.—The greater portion of the linnet’s food, as already stated, consists of the seeds of weeds, the most important of which are those of the Napa thistle, black mustard, Alfilaria, knotweed, and turkey mullen (see Pl. II, figs. 1, 2, 3, 4, 7), the total consumption of which for the year is 86.2 percent. This record is not excelled by that of any other bird studied, with the possible exception of the tree sparrow (Spizella monticola), whose food, however, consists largely of grass seed, much of which is useful. As there is an unaccountable 20 BIRDS OF CALIFORNIA AFFECTING FRUIT INDUSTRY. imcerease in the fruit eaten in March, so there is an unexplained de- crease in the consumption of weed seed during that month. With that exception, the amount taken in each month decreases in a fairly regular series from a maximum of 99.8 percent in January to a mini- mum of 64 in August. From this month the quantity of seed in the stomachs increases steadily to December, when the record ends with 97.9 percent. It seems probable that such a constant and Perea eater of weed seed would also eat considerable grain. Stomach records show that wheat was identified in one stomach, oats in three, and something very hke the skin from kernels of corn in five. In this connection it can be said that if the linnet does not eat grain it certainly is not for want of opportunity.. It is evident then that weed seed is taken by the linnet simply because it likes it. SUMMARY. It is natural to conclude that the food most frequently found in a bird’s stomach is the kind preferred. Applying this test to the linnet we find that of the total 1,206 stomachs examined, 1,133, or 94 percent of all, held weed seed, and that 807, or nearly 67 percent of the whole, contained no other food. On the other hand, fruit was found in 297 stomachs, or 24 percent of the whole number, but only 38, or 3 per- cent of all, were entirely filled with it. In other words, there were only 63 stomachs that did not contain weed seed, while 909 contained no fruit. The miscellaneous portions of the linnet’s vegetable food amount to only about nine-tenths of 1 percent of the food of the year, and all was found in 28 stomachs. Stamens and other parts of flowers were found in 14 stomachs only, which does not indicate that the injury to fruit buds by the linnet is serious. One stomach contained a small leaf gall. Ten stomachs held matter denominated as rubbish, consisting of bits of dead leaves, rotten wood, etc., evidently swal- lowed unintentionally with other food. From the foregoing it appears that, contrary to the statements and beliefs of many, the linnet is not a constant and persistent devourer of fruit: Examination of the contents of many stomachs shows that fruit is far from being its principal article of diet, and it is probable that what is taken is eaten for the sake of variety or for the Juice. A far greater quantity of fruit is eaten by the cherry bird (Ampelis cedrorum) and by the robin (Merula migratoria) , both of which occur in California. PROTECTION OF FRUIT FROM LINNETS. In the case of both these birds, however, the greater part of the fruit eaten consists of wild species, and this fact suggests a method HOUSE FINCH. 21 by which the California fruit grower may protect his orchards from the attack of the linnet—namely, by planting around orchards shrubs and trees the fruit of which will serve to attract birds away from the marketable kinds. There are many fruit-bearing shrubs and trees whose products, while worthless to man, are likely to prove more attractive to linnets than are the orchard fruits. That linnets will eat wild fruit appears from the fact that elderberries (Sambucus) were found in 49 stomachs, and their apparent partiality for culti- vated fruits is readily explained by the fact that usually they are the only kinds obtainable. FOOD OF YOUNG LINNETS. Of the 1,206 stomachs of linnets included in this investigation, 46 were those of young birds taken from the nest. The young vary in age from birds 2 days old to those nearly ready to fly. In order to ascertain the exact difference, if any, between the food of the nes- tlings and that of the adults, the contents of these 46 stomachs were tabulated by themselves and the percentages of the various items of food calculated. The results show 2.4 percent of animal food to 97.6 of vegetable. The animal food consists mostly of the larve of a minute beetle which lives on decayed fruit, with a few plant-lice and one small fragment of a grasshopper, the only one found in any of the stomachs. The vegetable food consists entirely of weed seed, the most important of which are the following: Sunflower, bur weed, milk thistle, and poison oak. (See PI. II, figs. 6, 8, 9.) No fact connected with the food habits of the linnet is more sur- prising than this. The great body of the fringilline birds, though subsisting largely and in most cases almost entirely upon vegetable food in adult life, feed their young in the early stage of existence almost exclusively upon insects or other animal food, and begin to give them vegetable food only when nearly ready to leave the nest. Tt is doubtful if there is an exception to this rule so pronounced as the linnet. As calculated, the nestlings ate actually less animal food than their parents, but the difference is so small that it may be accidental. ECONOMIC PLACE OF THE LINNET. Admitting, as we must, that the orchardist has just grounds of complaint against the linnet on account of depredations upon fruit, the bird’s claim to favorable consideration must rest upon its valuable services as a consumer of weed seed and upon its esthetic value. It is trim and pretty, has a sweet song, and in many ways is a pleasing adjunct of rural life—in fact, many Californians believe that the linnet, in spite of its sins of commission and omission, should be 22 BIRDS OF CALIFORNIA AFFECTING FRUIT INDUSTRY. protected. That the complete extermination of the species, even if — possible, is not desirable will be readily allowed, but that a reduction of its present numbers would be for the general welfare can not rea- sonably be denied. Were it possible to destroy half the linnets in the fruit-growing sections of the State, there is no doubt that most of the complaints against the species would cease. As it 1s, the fruit grower must protect himself by such devices as are suggested by local con- ditions, and bear in mind that, while as an individual he may suffer, the bird, on the whole, is doing the State good service. LIST OF SEEDS FOUND IN STOMACHS OF LINNETS. Following is a list of identified seeds, with the number of stomachs in which each kind was found. The same kinds of seeds were of course contained in many more stomachs, but were so finely ground up as to be unidentifiable. It is not unlikely that in identifying the seeds specifically errors have been made, but it is believed that few, if any, of the generic identifications are erroneous. A few seeds were found which have not yet been identified. Sedge (Carex sp.) —----__- SNE EN ANE CEE oe EE 21 sorrel : CRauniex -acetosella aa te ee ee eee 2 Knotweed (Polygonum-aviculare). (Pld; fic: 4)3. 42S eee 128 Catehuttly = (OSiGLCW EAS) 5p) ee oe ace a Mel. Dae i 51 Ghickweed. (Stellania media) =~. -=*) =. 22 5 ee Eee 21 Spurry (Spergula arvensis) _——-___ Bae N ED Siti Alpen ee “2 14 Amaranth (Amorantus retroflegus-et al. 2 S322 5 he 2a 2 es 108 Calandrinia (Calandrinia menziesi) ____- Eo Siete Lees gh ee e. Zz Miner’s lettuce ((Uontia perfoliata). = ah. 3 ie) tee ee eee It Wildsiurnip<~CBrassicaxcampestris) 25-220. e0) Se ee eee 13 Black mustard (Brassica, nigra). CE). 1), ie. 2) eee 83 Wild radish (Raphanus sativus) __- a EES eee 108 Geranium (Geraniwum. dissectim ) 2 = sa See 2 ee eee ee 3 Alfilaria (Hrodwuun, moschatim ) 22 = 22" 28 ees eS eee eee Alfilaria (Hrodvum cicutarum) CRIA, tie3) 222 eee 302 Vellow-sorrel (Oxvalis .conniculata) 2 Se ee ee ee 1 Turkey mullen (Hremocarpus setigerus).-(P\.. 1h, ie. ) eee ae Poison oak (Rhus dwersilota).” (Pl. Wl, fis. 9) 2 ee ee 1 Burweed CAmsinckia tesselata). - CPI We figs'G) 222222 eee 3 Nightshade (Solan tigi) eee SY BOOS OT 4 Western ragweed (Ambrosia psilostachya) ______ i 3 Sunflower (Helianthus sp.) CESS ee Si i ee 5 Mayweed,.(Anthemis: COGUle ) 2-5 oe se ee ee 1 Groundsel (Senecion vulgaris) == a 2238s Vey oe ee 21 Lesser. tarweed (Deinandra fasciculata) __._-==-- = 3 A ee 1 Tarweed (Madia sativa). -(Pl. II, fig. 5)----___ 2 it Se 5 Milk ‘thistle: (Wvariann marmiana) => (Cel Wy te: 8) ee eee é 3 Napa thistle (Centawre@ melitensis). -(Ri Up figs 122222 SS ee 60 sgn his Fe Bah OEY eee WESTERN TANAGER. . 93 The following table shows the percentages of the various items of food of the linnet for each month of the year: Table of percentage of food of the linnet for each month in year. Vegetable food eaten. Number et Aue are Month. stomachs foo | oe ota examined.| eaten. weet uC UM ee | Aueee vegetable food. oot = Percent. | Percent. | Percent. | Pereent. | Percent. ETON DUES Se NS ea ite eee ee 88 0.0 99.8 0.2 0.0 14)0. 0 IPC OUBNAY yeh eg SOR Ee nen eens See 3 2.9 97.1 0.0 0.0 97.1 Wiaw@lol!; OS Sk BC cease Caen ne aoleeemaes 186 1.0 89.5 5.8 3.6 99.0 ANOS oe ESS ae eS ae elie 80 5.8 92.5 lea 0.0 94.2 Ry oe Gs St Gee poe aac eens ee 74. 6.3 88.9 4.8 0.0 93.7 JWG: Soe ees se cea eee ee: eee 167 3.9 81.6 13.4 12 96.1 ELT an Go Be RE ES eR ee 148 BD 76.5 9), 7 ile) 97.8 ITC LE OL, EI ee eer ai ee | 118 vipat 64.0 OTA 18 92.9 SEO USM OST? es ae ae a ae seen | 123 0.1 7 26.7 1.6 99.9 OCOD CIP ea te Sc Se hee el eee 108 0.0 83.5 15.6 0.9 100.0 ING Weal Pleie SE Skeasoneecoae cae See aes 25 0.0 91.7 8.3 0.0 100.0 IDEGSUN ESI a eve EE ee eae en 54 0.0 97.8 1.8 | 0.4 100. 0 MCE Ss ok ts NG He DOG | 2 Re eee Site a ea Rie itn aca Ae tay eee ANCES GS ae Oe oa ae Ee Oe Da! 86.2 10.4 0.9 97.9 WESTERN TANAGER. (Piranga ludoviciana.) The western tanager, like the robin, occasionally becomes a nuisance in the orchard. It breeds in the mountainous regions of California and northward, and as a rule is not common in the fruit-growing sections. DAMAGE TO CHERRY CROP. There are, however, times during migration when it fairly swarms in some of the fruit-raising regions, and unfortunately this sometimes happens just at the time when the cherry crop is ripening. The bird is a late breeder and does not seem to care to get to its nesting ground before the last of June or early July. It is thus enabled to begin in the southern part of the State when cherries are ripening there, and leisurely follow the ripening fruit northward. The year 1896 wit-- nessed an incursion of these tanagers, when they swarmed over much of the State and destroyed a large part of the cherry crop. Probably the best account of this occurrence is that of W. O. Emer- son (published in the Condor, Vol. V, 1903, p. 64). Mr. Emerson says: : | One of the most wonderful occurrences of the movements of birds in the sea- son of migration which ever came under my notice, took place at Hayward during May, 1896, when countless numbers of Piranga ludoviciana, cr Louisiana tanagers, began to make their appearance between May 12 and 14. From the 18th to the 22d they were to be seen in endless numbers, moving off through the hills and canyons to their summer breeding range in the mountains. This con- tinued till the 28th, and by June 1 only here and there a straggling member of 24 BIRDS OF CALIFORNIA AFFECTING FRUIT INDUSTRY. the flock was to be seen. They were first found feeding on early cherries, in an orchard situated along the steep bank of a creek, on the edge of rolling hills, well covered with a thick growth of live oaks, which faced the orchard on the east. To this thick cover they would fly, after filling themselves with cherries, and rest till it was time to eat again. ‘This they would keep up from daylight to dark, coming and going singly all day, without any noise whatever being heard. Two men were kept busy shooting them as fast as they came into the trees which lay on the side next to the oak-covered hills. * * * After the first week, I found on going here (May 17), that dozens on dozens of the birds were lying about. * * * ‘Tanagers lay about everywhere, and no doubt many must have flown off to die in the bushes or on the hillsides. * * * TI noticed one fact of the restriction of the tanagers to the orchards along the hill edges. None were found, so to speak, in the larger orchards abouc the town of Hayward. * «x * Mr. H. A. Gaylord, of Pasadena, Cal., in a letter under date of June 16, 1896, states that “they were seen singly from April 23 to May 1. From this date up to May 5 their numbers were greatly increased, and by May 5 there was an unusually large number of them. Then for about ten days, until May 16,- the great wave of migration was at its height. Tanagers were seen everywhere, and noticed by everyone. After May 20 they decreased in numbers, and by May 26 the last ones had left the valley.” * * * Healso says: ‘“ The damage Gone to cherries in one orchard was so great that the sales of the fruit which was left, did not balance the bills for peison and ammunition. The tanagers lay all over the orchard, and were, so to speak, ‘corded up’ by hundreds under the trees.” There must have been thousands of tanagers destroyed all through the path of their movement along the State, as they worked their way to the breeding grounds. Here are two accounts of this great flight of tanagers—one from Pasadena, the other from Hayward, 330 miles farther north as the bird flies. The time taken by the tanagers in traversing this dis- tance was only eight days, so it would appear that individual birds did not spend much time in the same orchard. Such sporadic flights are hard to account for. The tanagers are in California every year, — and every year they migrate to their nesting grounds in spring and return in fall, but only at long intervals do they swarm in such prodigious numbers. Evidently the migration ordinarily takes place along the mountains where the birds are not noticed. It is possible that in some years the mountain region lacks the requisite food, and so the migrating birds are obliged to descend into the valleys. This would seem to be the most plausible explanation of the occurrence— that is, that the usual line of migration is along the Sierra Nevada, but some years, owing to scarcity of food, or other cause, the flight is forced farther west into the Coast Ranges, where the -birds find the ripening cherries. The damage done by this species, however, is not confined exclusively to the rare occasions when they appear in such extraordinary numbers. R. H. Carr, of Redlands, southern California, wrote us in June, 1899: Without examining any stomachs it is easy to report the value of the Louisi- ana tanager to the fruit growers near here. In the city they seem to keep WESTERN TANAGER. 25 almost entirely on the Grevillea trees, sipping the sweet liquid that exudes from the blossoms. But the Andrews Brothers, whose cherry and apple ranch is in the upper Yucaipe Valley, report that the tanagers destroyed about $4,000 worth of cherries, being almost the entire crop. They used powder and shot liberally, but did not save the crop. It is to be regretted that some of the stomachs of these tanagers were not saved, in order that the diet of the species might be ascer- tained with precision. The only material available for examination consists of 46 stomachs from various parts of the State, during the six months from April to September, inclusive. This number is entirely too small to afford positive data as to the regular food habits of the bird, but undoubtedly points in the right direction. Although the testimony of field observers shows that this tanager eats a good deal of fruit, analysis of the stomach contents proves that over 82 percent . of the food for the six months indicated above consists of insects, and the remainder, nearly 18 percent, of fruit, with a mere trace of seeds of a conifer. Insect food.—The largest item of the animal food is Hymenoptera, most of which are wasps, with some ants. Altogether they amount to 56 percent of the food for the six months, and in August they reach 75 percent. (They reach 92 percent in April, but only one stomach was taken in that month, so the record is not reliable.) Hemiptera stand next in importance, with 8 percent. They are mostly stink- bugs, with a few cicadas.. Beetles amount to 12 percent of the food, of which less than 1 percent are useful Carabide. The remainder are mostly click-beetles (Klateride) and the metallic wood-borers (Buprestide), two very harmful familes. The former in the larval stage are commonly known as wireworms, and bore into and destroy or badly injure many plants. The Buprestids, while in the larval stage, are wood-borers of the worst description. Grasshoppers were eaten to the amount of 4 percent, and caterpillars to the extent of less than 2 percent. Fruit.—The greater part of the fruit eaten appeared to be the pulp of some large kind like peaches or apricots. One stomach contained seeds of elderberries; another the seeds and stems of mulberries, and two the seeds of raspberries or blackberries. Nearly all these stomachs were collected in the mountains, away from extensive orchards, but still the birds had obtained some fruit, probably cultivated. SUMMARY. It is evident from the testimony that great damage from this species occurs only at rare intervals and during the spring migration. The greatest losses occurred in May, 1896, when the damage to the cherry crop in certain localities was most disastrous. As, under ordi- nary circumstances, the greater part of the food of this bird consists = nS 26 BIRDS OF CALIFORNIA AFFECTING FRUIT INDUSTRY. of insects, many of them harmful, the tanager has a fair claim to con- _ sideration at the hands of the farmer and even of the orchardist. It is probable that means may be found to prevent, at least in part, the occasional ravages of the tanager on the cherry crop. The tan- — ager, like the robin, prefers to swallow fruit whole, and as the latter ~ takes small wild cherries in preference to the larger, cultivated kinds when both are equally accessible, it is probable that the tanager would do the same; and it is suggested that a number of wild cherry trees — planted around California orchards might prove an economical in- — vestment for the orchardist. SWALLOWS. Swallows are the light cavalry of the avian army—always on the ~ move, always on the skirmish line, ever gathering stragglers from the insect camps. They furnish another instance, and perhaps the most remarkable one, of change of habit induced by civilization. In — eastern United States the bank swallow and the rough-wing are the ~ only species that adhere persistently to their original nesting sites. — In the West a third species may be added to these, the violet-green — swallow; but there all the swallows are somewhat less domestic than — in the East. It is probable, also, that some species, notably the barn swallow, are more abundant than when the country was unsettled, owing to the increased number of nesting sites. Supposing for a moment that the country was swept bare of buildings, where could all the barn swallows find suitable places to nest? The cliff swallows might discover enough overhanging cliffs upon which to attach their — mud domiciles; the white-bellied and the martin, as formerly, might nest in the hollows of trees, but there are not caves enough east of the Mississippi River to afford nesting places for one-tenth of the — barn swallows. In the far West they would fare better. When the — country was first settled, barn swallows must have been confined to a few rocky cliffs and caves here and there along the seashore or in. mountains. Now they lve wherever man has erected a structure of any kind. are As is to be inferred from the movements of these birds, their food, — with some curious exceptions, consists principally of insects caught in mid-air. For this reason all the species are migratory, except in the Tropics, for the food supply fails in regions where frosts prevail. — As many insects that usually do not fly, periodically ‘swarm,’ they — are often captured by swallows at such times in great numbers. Such — is the case with ants and ‘ white ants’ (Termitide), which most of — the time are concealed in the earth or in logs, but at certain times — ‘swarm’ in immense numbers. Many species of beetles that live in- offal and ordinarily are not accessible to birds, in case of failure of — SWALLOWS. 27 food, migrate in great numbers, and then are preyed upon by swal- lows, flycatchers, and other birds. The destructive cotton boll weevil is more or less active during the late summer and early fall months, and it has been learned that the swallows, as they pass through the cotton States on their way to their southern winter quarters, catch great numbers of them on the wing and so_ perform an exceedingly important service. Engraver beetles (Scolytide) have frequently been found in the stomachs of swallows. These insects live under bark, and generally are inaccessible to birds, except woodpeckers: periodically they migrate from the tree where hatched and matured to search for fresh pastures; at such times they are unprotected and fall easy prey to any fly-catching bird. Swallows are peculiarly _adapted to capturing small insects in mid-air. While their bills are weak their mouths are wide, and their long wings enable them to fly swiftly and turn quickly, so that they sweep back and forth through a swarm of insects and gather them by hundreds. Seven species of swallows, with several subspecies, are commonly found within the limits of the United States. Their food habits vary but little. All seven species occur in California, and this num-. ber includes one, the violet-green, that does not occur in the East. Besides the swallows whose food will be discussed in detail in the following pages, a few stomachs of the tree swallow (lridoproene bicolor), the western martin (Progne subis hesperia), and the bank swallow (Riparia riparia) have been examined, but the number is entirely too small to be used as a basis for general conclusions were it not for the fact that their contents agree in all essential points -with those of the other swallows, of which a greater number were available for examination. In fact, it may be said of all the members of the swallow family that they subsist upon practically the same kind of food, with slight variation from month to month. It may be laid down as a general rule that the food of all American swal- lows is derived from the following orders of insects: Coleoptera, Hymenoptera, Hemiptera, and Diptera, with a few individuals from one or two other orders, and an occasional spider. So far as present investigation has shown, 90 percent of their animal food is from the four orders named above, but the relative proportion of each varies somewhat with the different species and seasons. With one notable exception ¢ the swallows take so little vegetable food that it may be passed by as a negligible quantity, and much even of the little eaten is probably swallowed accidentally. After the above statements in relation to the food of the swallows, it is perhaps unnecéssary to dwell upon the great value of these birds a@The tree swallow of the East (/Jridoprocne bicolor) during its southern migration freely eats the berries of the bay-berry (Wyrica carolinensis). | | : : EE 28 BIRDS OF CALIFORNIA AFFECTING FRUIT INDUSTRY. as insect destroyers. They do not consume any product of hus- bandry, and the worst that can be said of them is that they eat some useful insects with the harmful ones, though the former are in a very decided minority. This statement, however, apples to any and all insect-eating birds. It would be just as reasonable to expect a mower or reaper to cut grain and leave the weeds standing as to sup- pose that from the hordes of insects around us birds will select onkg. the ones that are injurious to man and leave untouched those that aaa — beneficial. Then, too, a superabundance of any species of insects, even beneficial ones, would be a nuisance. The service which swal- lows render is to prey upon the whole insect tribe and so to reduce the flood of insect life to a lower level where it may be more easily dealt with by man. CLIFF SWALLOW. (Petrochelidon lunifrons.) In the Eastern States the cliff swallow has practically abandoned its original nesting sites under cliffs, and new nests under the eaves of houses and other buildings. The writer has counted 80 nests beneath the eaves of 1 barn. In California the bird has taken up with the new order of things to some extent, but has not entirely abandoned its old habits. It is a migrant and remains in the State for about six months only during the breeding season, which is the time when the bird does the most good. The following discussion of the food of the cliff swallow is based upon the examination of 123 stomachs, representing every month from April to September, inclusive. Vegetable food —Vegetable food to the extent of 0.32 of 1 percent was found. In most cases this was simply rubbish taken acciden- tally, though it includes a few small seeds. Animal food —Of the animal matter the largest item is Hymenop- tera. These insects formed over 39 percent of the total food; most of them were bees and wasps, and small parasitic species were 1denti- fied in a number of stomachs; a few were ants. Unfortunately, Inany parasitic insects are eaten by birds that take their prey upon the wing, such as swallows and fiycatchers. The fact is to be deplored, but in most cases the percentage is not large.. Perhaps the most interesting insect among Hymenoptera eaten is the common honey-bee (A pis mellifera). Of these, 34 were identified, all con- tained in 11 stomachs, in one of which were 8 individuals. All were drones—that is, males. Not a trace of a worker bee was found. In two stomachs drones constituted the whole food and in several others the principal part. It is probable that most of them were taken when the queen made her marriage flight. So far as the writer has — i wr . 3 i ES, TI ED ee SWALLOWS. 29 been informed, bee keepers do not regard the destruction of drones as injurious to the swarm. In most cases drones are superabundant and instead of contributing to the food supply they are a drain upon ft; so that the destruction of some of the surplus males is a positive PFefit to the colony. _#Temiptera, or bugs, stand next to Hymenoptera in importance in the food of the cliff swallow. They form a little less than 27 percent of the whole diet, and are represented by eight families, namely, assassin-bugs, leaf-bugs, squash-bug family, stink-bugs, shield-bugs, tree-hoppers, leaf-hoppers, and jumping plant-lice.t All of these, excepting the assassin-bugs, are injurious to plants, and some of them are pests at all times. Of these, probably the leaf-hoppers (Jassidee) are the worst. They suck the juices of plants, particularly grasses, which they infest by millions. They are said to have but few enemies, of which birds are the most effective. It is probable that they are captured by swallows when just skimming over the surface of fields, or are snatched from the tops of grass and weeds. They were found in 27 stomachs. Leaf-bugs (Capsidée) are a very large family of harmful insects, | which feed almost entirely upon plants. Some species of this family | are pests of the worst description. Leaf-bugs were contained in 48 stomachs. ‘The other insects of this order are more or less harmful, but were not eaten so extensively. Beetles of all kinds aggregate a little less than 19 percent. Of these, 2 percent were useful species, such as carabids and coccinellids. The others belong to 12 different families, most of which are harmful, some very much so. Among them were a number of aquatic species. These were probably captured by the swallows when flying just above the surface of the water. The principal flights of beetles do not occur during the day, but chiefly in early evening and at night. Flies are eaten by cliff swallows to the extent of nearly 12 percent of the food. Most of these are the species commonly known as gnats, but one stomach contained a large horsefly (Tabanidee). The gnats have a habit of swarming afternoons and evenings, when many are probably snapped up by swallows. The remains of dragon-flies, lace-winged flies, ephemerids, and spiders make up the rest of the food, or a little more than 3 percent: As spiders do not fly, it may be asked how they were captured by the swallows. They probably were snatched from their webs or from the tops of weeds as the birds passed. Swallows pick up substances even from the ground, as is shown by the vegetable component of their food, and by other facts to be given presently. 6 Pjant-lice and scale-insects were not present, and this may be explained from the fact that their lives are passed mostly in a wingless condition. 30 BIRDS OF CALIFORNIA AFFECTING FRUIT INDUSTRY. FOOD OF YOUNG. Among the stomachs examined were those of 22 nestlings, varying in age from 2 days to those just ready to leave the nest. They were taken from May 30 to July 2, inclusive. In order to ascertain 1f im- portant differences exist between the food of the adults and that of the young, the contents of these stomachs were tabulated separately. Comparison shows little or no difference in the quantity of vegetable matter eaten by adults and young. The animal matter in the food of the young is preciees of the same kind as eaten by adults, but the proportions are rather differ- ent. Hymenoptera are the largest item in the food of the young as well as of the parent birds, and amount to 42 percent for the former against 39 percent for the latter. Diptera stand next in importance, with 30 percent for the young against 12 percent for the adults. As these insects are mostly soft-bodied, it is the usual custom of birds to feed a greater proportion of them to the young. Hemip- tera amount to a little more than 16 percent of the nestlings’ food, while the aduits eat them to the extent of nearly 27 percent. Beetles are fed to the young to the amount of about 10 percent, while the parents eat them to the extent of 19 percent. This again might naturally be expected, as most beetles are hard and: less easily digested than flies and some other insects, and hence are less suitable food for young birds. From the foregoing it is evident that the food of young cliff swallows does not differ in kind from that of the adults, but is dis- tributed among the various orders of insects in somewhat different _ proportions. Hymenoptera and Diptera constitute nearly three- fourths of the diet, evidently because they are soft and easily broken up and digested. Beetles and bugs appear in the stomachs less frequently. While beetles are not extensively eaten, it is worthy of note that the variety is considerable, as representatives of no fewer than 10 species were contained in the stomach of one nestling. One stomach held a few bits of eggshell, and gravel was identified in ‘two others. One of these contained 7 good sized gravel stones; the other, pieces of glass and gravel. The supposed function of gravel in the stomachs of birds is to assist in breaking up the food. That gravel should be given young cliff swallows when not taken by the adults is remarkable. The feeding of gravel to the young has been noted in the case of other species of swallows. WESTERN BARN SWALLOW. (Hirundo erythrogastra. ) The barn swallow is rapidly learning, not only that the structures built by man afford excellent nesting sites, but that the presence of ay if a FP Ge a Tee SWALLOWS. a1! “man is a sufficient protection against enemies. This species is gen- erally distributed over the west coast region, but it 1s not so common as it is in the East, probably because of the relative scarcity of nest- ing sites. It is not improbable, however, that the end of the present half century will see the barn swallow as common throughout the _ whole of the region as it is in the East. Eighty-two stomachs of barn swallows were examined, taken from | April to October, inclusive, though April was represented by only two stomachs and October by one. While a greater number would have been desirable, the close resemblance of the food to that of the eastern’ birds, as shown by the contents of these stomachs, gives assurance that the results are reasonably reliable. Vegetable food—Practically no vegetable food was found in the stomachs examined. A single unknown seed was contained in a stom- ach taken in September. Insect food—So far as these 82 stomachs show, the western barn - swallow subsists entirely upon insects, and it may be added that the _ same is true of the eastern bird. The largest item of food is made up of Hemiptera of various families, amounting to nearly 39 percent of the whole. None of these Insects was present in the two stomachs taken in April, but in every | other month they constitute a large percentage of the stomach con- tents, and in September, when 38 stomachs were taken, they amount to 90 percent of the food for that month. Representatives of 8 fami- les were identified, but the principal and most important ones are the leaf-bugs (Capside), which were found in 44 stomachs. Flies are next in importance, and amount to 32 percent of the food. Most of them belong to the family of the common house fly (Mus- cide), though probably there were others too badly mangled to be identified. No long-legged crane-flies (Tipulide:), usually commonly / eaten by birds, were found. Hymenoptera constitute 18 percent of the food. Most of them consist of wasps and wild bees, but a few stomachs contained ants. One stomach had a drone honey-bee. Several birds had eaten para- sitic species of Hymenoptera; a separate account was kept of these so far as possible, but the total amount summed up to only about one- fourth of 1 percent of the whole food. Beetles aggregate nearly 10 percent of the whole, and belong to 18 families, with no preference for any. The bird probably snatches any and all beetles which it comes across. A few of the destructive engraver beetles (Scolytide) were found in 3 stomachs. Dragon- - flies and several unidentified remains constitute the remainder of the food and amount to a little more than 1 percent. 32 BIRDS OF CALIFORNIA AFFECTING FRUIT INDUSTRY. FOOD OF YOUNG. The stomachs of two broods of nestlings of 4 each are included in the foregoing. The contents do not differ from those of adults ex- cept that they include a small percentage of gravel. Some of them contained also fragments of eggshell; one had a piece of mother-of- pearl (nacre), and one a small splinter of bone. It is curious that these indigestible substances should be so often fed to nestlings when the parent birds seldom take them. VIOLET-GREEN SWALLOW. (Tachycineta thalassina lepida.) The violet-green swallow does not occur east of the Great Plains. Its general habits appear to be almost identical with those of its east- ern relative, the white-bellied swallow. The natural nesting site of both species was a hollow in a treej and the western bird still adheres to the original habit and nests in the hollows of oaks and other trees, but the white-belly has to a great ex- tent followed the example of so many of its relatives, and has taken to holes in buildings or to boxes put up for avian use. In its food habits the violet-green exhibits no marked peculiarities; in fact it may be said that the food of the different species of swal- lows differs in degree rather than in kind. Stomachs of the violet- green have been collected in every month, except June, from March to September, inclusive, but only 7 were taken earlier than July. In that month, however, and the two following months 67 were obtained, a sufficient number to give a fair idea of the food at this season. Insect food.—Insects constituted practically the entire contents of these stomachs. No spiders were found, and the only vegetable mat- ter was a single seed, no doubt accidental. | As with the barn swallow, the largest item is Hemiptera, or bugs. These. are represented by 10 different families, of which the leaf- hoppers (Jassidz) were the most numerous, and the leaf-bugs (Cap- side) next. Altogether they amount to 36 percent of the food. Diptera stand next in importance, and in this respect also the violet- green resembles the barn swallow. They constitute nearly 29 percent of the food. Neither Diptera nor Hemiptera, however, are eaten as freely by the violet-green as by the barn swallow, and the defi- ciency is made up by Hymenoptera. Hymenoptera amount to 23 percent of the food, and in the month of July were mostly made up of ants. Six stomachs taken on the same day and in the same locality were entirely filled with these insects. One taken at the same place on the following day was half filled with them, and this, with the exception of 1 percent CALIFORNIA SHRIKE. 33 contained in one stomach in August, is the whole story of ants in the food of the violet-green. All >f the other hymenopterous food consists of wasps and wild bees. “{n explanation of the fact that this bird eats ants freely for a short time and then eats no more, it may be stated that much of the time they are not obtainable. It is only when the insects are on the wing while swarming that the swallows can catch them, and then, being very numerous, they are eaten freely. Beetles collectively amount to something over 11 percent of the food of the violet-green. Of these nearly 3 percent are Carabide, with a few coccinellids and carrion beetles, which must be reckoned as useful insects. The rest, over 8 percent, are of several families, all of which are more or less harmful. Three stomachs, collected at the same time in Carmel Valley, are of interest. They contained respectively 42, 45, and 40 percent of scolytid or engraver-beetles. This was in the region of the Monterey pine (Pinus radiata), and there is no doubt that these insects prey upon those trees, and probably were taken when migrating in a swarm to fresh foraging grounds. A few moths, with some unidentified insects, make up the remainder of the animal food, a little more than 1 percent. CALIFORNIA SHRIKE. (Lanius ludovicianus gambeli.) The California shrike is common in parts of the Pacific coast region. At the present time fence posts and telegraph lines are the vantage points from which shrikes ordinarily scan the ground for prey, and in certain parts of the valley region it is unusual to glance along a line of wire and not see one or more within a short distance. It does not seem that trees and shrubs could ever have adequately supphed the need for lookout stations which is now filled by the poles and wires. There seems to be a mysterious sympathy between the shrike and the little sparrow hawk, or perhaps their relations are inspired by jealousy. The sparrow hawk also occupies the poles and wires as a lookout for prey, and whenever a hawk stations himself upon one of the poles, there, at no great distance, is sure to be a shrike keeping close watch upon the movements of the larger bird. When the latter moves the shrike follows, and seems to aim to keep the other continu- ally in view. Perhaps the shrike sees in the hawk a rival and con- siders that his preserves are being trespassed upon, though one would think there was room enough and prey enough for both. No case of actual conflict between the two has been observed—only this constant and unremitting surveillance on the part of the shrike. 9379—No. 30—07 92 ”o Fs > Be) ee 34 BIRDS OF CALIFORNIA AFFECTING FRUIT INDUSTRY. The shrike resembles a bird of prey in form of beak and, to a cer. tain extent, in food habits. Unlike the true birds of prey, however, its feet are not provided with talons for seizing prey and holding it securely while it is being torn into pieces. Whenever the shrike cap- tures game that must be torn apart it presses it firmly down into a forked branch where it can readily be dissected. 3 The habit of the shrike of storing food apparently for future con- sumption has often been noticed. When food is abundant surplus captures are hung on thorns, sharp twigs, or, in recent times, the barbs of wire fences until needed; but as such occasions seldom arise, nine-tenths of this stored food is wasted so far as the shrike is concerned. Various more or less plausible explanations of this habit have been offered, but the simplest and most natural seems to be that much of the time the bird hunts simply for the pleasure and excitement of the chase, and as prey is often captured when hunger — has already been. satisfied it is stored for future use. It is the same instinct and lust for slaughter that prompts man to kill game that he can not use. The habit seems to be manifested also in a somewhat different way by the crow and magpie, which store up bits of glass or bright metal for which they can have no possible use. In the case of the shrike, however, the habit is useful to man if not to the bird, for most of its prey consists of noxious creatures, the de- struction of which is a decided benefit. The diet of the shrike and that of the sparrow hawk are almost exactly alike. It is a curious illustration of two species standing far apart systematically but by special modification approaching each other in food habits. The sparrow hawk has all the equipment of a carnivorous bird, but owing to its diminutive size its attacks are necessarily confined to the smaller kinds of prey, largely insects. The shrike, on the other hand, is a member of a group almost purely insectivorous, but it is so large and strong and has a beak so modified that in addition to its ordinary diet of insects, it is able on occasions to capture and tear apart small birds and mammals. While at present the two birds subsist upon much the same diet it is evident that their food habits have been modified in different ways. The natural food of the hawk family as a whole is vertebrate animals, to which some of its members, including our little sparrow — hawk, have added a large percentage of insects. The normal food of the shrike is insects, to which on occasions it adds the smaller species of vertebrates. Like the birds of prey and some other birds, the shrike habitually disgorges the indigestible portions of its food after the nutritive part has been digested. The bones and hair of mice are rolled into com- | pact pellets in the stomach and finally disgorged. From examination of these a very good idea of the shrike’s food may be gained. CALIFORNIA SHRIKE. 35 A shrike of the eastern subspecies was kept in confinement for some weeks by the Biological Survey and notes made in regard to its food habits. A thorny bush was placed in the cage, and whenever the bird was given food in excess of its immediate wants it impaled the surplus upon a thorn, taking great pains to press it securely down. On one occasion a dead mouse was placed in the cage; it was at once seized and forced into the fork of the bush and was then torn piece- meal and eaten. Note was taken of the time when the last bit was _ swallowed, and a close watch kept for further results. In an hour and a half the bones and hair of the mouse were disgorged in the form of a neat pellet. Everything digestible had been stripped from the bones. A May-beetle (Lachnosterna) was eaten and the pellet con- _ taining the remains appeared in an hour and twenty minutes. At _ another time a ground beetle (Calosoma) and a stink bug (Nezara) - were eaten and their remains appeared in forty minutes. As both - of the insects are nauseous, at least to human smell and taste, it is possible that they may have been unacceptable to the stomach of _ the bird, and so were rejected before digestion was complete. On _ another occasion a second Calosoma and a moth were given, and their _ remains were regurgitated in an hour and fifteen minutes. These _ experiments show how rapid is the process of avian digestion. In the investigation of the food of the California shrike 124 stom- _achs were examined. They were collected in every month, but the - greater number were taken in the warmer months. Vegetable food—Animal food of all kinds amounts to 97.5 percent, or so nearly the whole that it is fair to suppose that the greater _ part of the 2.5 percent of vegetable matter present was swallowed - unintentionally—that is, when sticking to something else. All of it ~ was contained in 9 stomachs. Fruit appeared in 2 stomachs, seeds in _ 2, and rubbish in 6. Of these probably only the fruit was taken as food. One stomach was filled with elderberries to the amount of 84 _ percent of the contents, the other with the seeds of blackberries or a raspberries to the extent of 13 percent. It thus appears that the shrike sometimes eats fruit. 4 Animal food—The animal portion of the shrike’s food may be divided into three parts: Insects, 83 percent; spiders and a few snails, _ etc., 2 percent; vertebrates, 12 percent. Insect food.—In comparing the food of eastern subspecies of shrike and the one under discussion, we find that more insects are eaten by the western one. The figures for the eastern bird are: Insects, 68 percent; spiders, 4 percent; vertebrates, 28 percent. The . difference is undoubtedly due to climate, the western bird being able to find insects all the year round, while the eastern one discovers | very few during the winter. Insects probably are always preferred 4 when obtainable. sm Bwats? 36 BIRDS OF CALIFORNIA AFFECTING FRUIT INDUSTRY. Of insects eaten by the shrike, the largest item is Orthoptera— that is, grasshoppers and crickets—which amount to nearly 43 percent of the whole food. They are eaten in every month of the year, and in August and September reach nearly 70 percent. These are the normal grasshopper months, the ones in which Eastern birds enjoy their annual grasshopper feast. Ordinary grasshoppers form the greater part of this item of food, but a good many crickets are eaten, especially the brown and striped so-called wood crickets. One group of these is particularly noticeable—a group of large soft-bodied mon- sters of the genus Stenopelmatus, many of which live under deaa leaves, stones, and rubbish, and do not often voluntarily show them- selves by the hght of day. It seems strange that the shrike, a lover of open and sunshine, manages to discover these creatures. They are sometimes called ‘ sand-crickets,’ and perhaps at times come out into the open, but the writer has never seen one except when dug from under rubbish. It is not known whether these insects are harmful or beneficial, so the shrike’s consumption of them has no economic inter- est. It is quite the contrary, however, with regard to grasshoppers, for they are harmful in all stages of existence, and the shrike is directly beneficial to the farmer to the extent that it destroys them. Beetles collectively are second in importance in the shrike’s diet. They amount to 16 percent of the food, but of this about 7 percent are the useful ground beetles (Carabide) and carrion beetles (Sil- phide). The rest are mostly harmful. The presence of these last is a curious point in this connection. These insects are probably use- ful, and while no great number of them are consumed, it seems rather . strange that they are eaten at all. The surroundings of these beetles are not pleasant, and they do not generally serve as food for birds except crows and other garbage hunters. Is it possible that the shrike finds them on the game which it has hung on twigs or thorns? They were noted in 8 of the 124 stomachs, and three species were iden- tified. Most of the beetles eaten by the shrike are of the larger spe- cies, but it does not disdain small game, and quite a number of small ie beetles and weevils were among the others. Ants and wasps amount to something more than 11 percent in a diet of the shrike. Naturally they are mostly eaten in the warmer months, and the wasps far outnumber the ants. Moths and caterpillars are taken to the extent of somewhat more than 7 percent, and seem to be a regular though small component of the food. Unlike the wasps, the greater number of these were eaten © | in the colder months. One stomach was entirely filled with the re- mains of 15 moths, a most unusual oceurrence, for adult Lepidoptera do not form a large element of the food of any bird yet investigated. Bugs and flies are eaten occasionally. The stomachs taken in Feb- ruary contained a good percentage of Hemiptera, and so did those ~ CALIFORNIA SHRIKE. 37 collected in July. In one stomach remains of robber-flies (Asilide) were detected. This isa family of large predaceous flies, some species of which are said to prey upon honey-bees. These two orders and a few other odd insects constituted 5 percent of the food. Spiders and several other kindred creatures form less than 2 per- cent of the food, but though not eaten in great numbers they appear in a good many stomachs. In one stomach was found one of those bristly and uncanny monstrosities of the order of jointed spiders (Solpugida). It is wonderful that any bird should attack one, still more that it should eat it, as it would seem to be about as palatable as a paper of pins. The lingual ribbon, or tongue, of a snail was found in one stomach, and bits of what appeared to be the hmbs of small crustaceans in several. They did not amount to a noticeable percentage. : Vertebrates.—The vertebrate part of the shrike’s food amounts to a little more than 12 percent, and consists of the remains of small mammals, birds, and lizards. Mammals were found in 4 stomachs, birds in 2, and lizards in 12. Neither of the birds could be identified further than that both were small song birds. Of the mammals, one was a pocket mouse (Perognathus), one a young field mouse (Microtus), and one a shrew (Sorex). The fourth mammal could not be identified, as there was little left except hair. The lizards were not recognizable either generically or specifically, as the remains consisted only of bones and scales. From an economic standpoint, lizards are useful animals, as they subsist on insects. The same is true of birds, so that in destroying birds and lizards the shrike is doing harm. Fortunately, it does not eat many birds. The destruc- tion of the mammals is an unmixed blessing, except, perhaps, in the ease of the shrew (Sorex), which is largely insectivorous. Even if all the above vertebrates were useful the score against the shrike would not be a very heavy one and would not outweigh the value of its services in destroying grasshoppers. In the writer’s field experience with the shrike only one attempt to capture a vertebrate animal was observed. In this case the shrike was seen to plunge into a thicket of weeds in pursuit of a brood of tiny quail, but a few seconds later it emerged in a great hurry, closely followed by the irate cock quail. As a matter of fact, the noxious mammals eaten both by the eastern and western shrikes far outnumber the birds, and when to the former are added harmful insects the balance is very largely on the credit side. FOOD OF YOUNG. No nestlings of shrikes were at hand for investigation, but the stomachs of two young just out of the nest were examined. Both 38 BIRDS OF CALIFORNIA AFFECTING FRUIT INDUSTRY. were filled with beetles, ants, wasps, and crickets. In a bird so thoroughly insectivorous as the shrike it is not probable that the food of the nestlings differs essentially from that of adults. As a feature of the landscape and as lending animation to rural scenes the shrike in California is a pronounced success, and when one > sees him jauntily balancing on a telephone Wire it is pleasant to reflect that in his economic relations he is as admin: able as he is from the esthetic point of view. VIREOS. The vireos are a group of rather small tree-haunting birds of plain colors, modest habits, and sweet but unobtrusive voices. One or the other of the several species inhabits pretty much everything in the way of a tree from the monarchs of the forest down to the humblest underbrush. In thickly settled country vireos inhabit gardens, orchards, and city parks, and shade trees along the village streets. Most of them are migrants, and leave the United States in winter, but a few remain on the Pacific coast throughout the year. Their food consists largely of insects, though a little fruit and some seeds are occasionally eaten. In the insect diet of the vireos there is one element which consti- tutes a bar sinister on an otherwise brilliant escutcheon. All the species investigated show a decided taste for ladybirds—that is, coccinellid beetles. No other genus of birds, nor any single species (with one possible exception), so far has been known to manifest such fondness for these useful insects. In California the destruction of ladybird beetles is perhaps a greater crime than it would be in almost any other section of the country, for here the bark scales and plant-lice upon which these beetles feed are very destructive, and every device for their extermination has been employed, even to importing several foreign species of these predatory beetles. Time was when the devastation of the San Jose scale and several other species of scale insects threatened the fruit industry of Cal- fornia, and there can be no reasonable doubt that the coccinellid beetles of both the imported and native species were largely instru- mental in checking the spread of these pests. It is to be remarked that these beetles are wonderfully abundant in California, probably more so than any other family. The writer found them upon corn, weeds, grass, and bushes, often where apparently there was none of their natural food. In mitigation of the vireos’ habit of eating ladybirds all that can be said is that where there is such a super- abundance of the insects the damage is minimized. _ The writer is glad to be able to add that besides the coccinellids, vireos eat many harmful insects, among which are the black olive VIREOS. 39 seale. Here, then, is an instance where the bird eats the useful beetle and also its noxious prey. As there is nothing to indicate that the bird exercises a choice between them, we must.infer that it eats both whenever it finds them. It eats the beetles and the food (scales) upon which they feed. From this point of view also it must be allowed that the harm done by the vireos in eating coccinellids is offset to some extent. WESTERN WARBLING VIREO. (Vireo gilvus sirainsoni.) ‘ One hundred and ten stomachs of the warbling vireo have been examined. They were collected during the seven months from April to October, inclusive, and though hardly as many as could be desired, they probably furnish a fair idea of the food during that portion of the year. | Vegetable food.—tInsects, with a few spiders, amount to over 97 percent of the diet, leaving less than 3 percent of vegetable matter, practically all of which was taken in August and September; it consisted of wild fruit (elderberries), a few seeds of poison oak, a few other seeds, and some rubbish. Animal food.—Of the animal food the largest item is Lepidoptera ; that is, caterpillars, moths, and the like. These amount to something more than 43 percent of the whole. Caterpillars make up the great bulk of this portion of the food and are a very constant and regular article of diet. Fewer are eaten in July and August and more at the beginning and end of the season. In April they amount to over 82 percent of the food of the month. Pupeze of codling moths were iden- tified in four stomachs, and minute fragments probably of the same were found in several others. A few adult moths also were found, but the species could not be identified. _ Hemiptera are the next most important item of diet, and amount to 21 percent. They consist of stink-bugs, leaf-bugs, leaf-hoppers, spittle-insects, tree-hoppers, and scales. The last were the black olive species (Saissetia olew). Coccinellid beetles, or ladybirds, were eaten to the extent of over 19 percent of the whole. None was in the. stomachs taken in October, while the greater part (over 63 percent) was contained in those obtained in July. The species belong to the genera Hippodamia and Coccinella, which are larger than those of the genus Scymnus selected by the warblers. Other beetles, mostly harmful species, amount to more than 7 percent. Hymenoptera, which are an important food of the warblers, are conspicuous by their absence in the stomach of the warbling vireo. A little more than 1 percent represents the sum total. They consist of a few ants and an occasional wasp. 40 BIRDS OF CALIFORNIA AFFECTING FRUIT INDUSTRY. A small number of flies, grasshoppers, and dragon-flies make up a little more than 3 percent of the miscellaneous insects. Spiders were eaten to somewhat less than 2 percent. CASSIN VIREO. (Vireo solitarius cassini.) This is another of the tree_foragers living in summer in orchards, canyons, and forests. Its food consists of the same elements as that of the last-described species, but in somewhat different proportions. Forty-six stomachs were examined, taken in every month from April to November. They afford at least a fair indication of the food for those months. Vegetable food—The vegetable food, which was only a little more than 2 percent of the total, was made up of leaf galls, seeds of poison oak, and a few bits of rubbish. Not a trace of fruit was found. Animal food—The animal matter amounts to nearly 98 percent of the whole. Hemiptera are the largest item and amount to nearly 51 percent. The various families represented are those of the squash- bugs, leaf-bugs, stink-bugs, shield-bugs, leaf-hoppers, tree-hoppers, the Jumping plant-lice, and scales. The latter are represented as usual by the black olive scale, which was contained in four stomachs. Caterpil- lars, with a few moths, are next in importance and form more than 23 percent of the whole food. They were eaten in every month and are evidently a favorite diet. Hymenoptera are eaten much more largely by this species than by the last. They amount to over 7 percent, and are mostly wasps, with a few ants. This record, however, is likely to be modified by further investigation. Ladybird beetles were eaten to the extent of a little less than 6 percent, which is quite reasonable as compared with the record of the warbling vireo. It is, however, much greater than that of any bird outside the present genus, except the pygmy nuthatch, and in the case of that bird the evidence is too meager to be accepted at its face value. Other beetles amount to a little more than 3 percent of the food, and are mostly weevils and small leaf-beetles (Chrysomelide). A few flies, grasshoppers, and other insects amount to somewhat more than 2 percent, and these, with 4 percent of spiders, make up the remainder of the animal food. SUMMARY. In glancing over this record of the Cassin vireo it appears that bugs are the favorite food, as shown by the numbers consumed; but caterpillars, though second in quantity, are eaten with greater regu- sail ee VIREOS. 4] larity and appear in the food of every month. The consumption of ladybirds is very moderate for a vireo, and on the whole the bird probably does not do much harm in this way. All the other beetles are harmful, as are most of the other insects which compose the bird’s food. HUTTON VIREO. (Vireo huttoni.) This species is a resident of most parts of California west of the ereat interior valley. In food habits it does not differ remarkably from the foregoing, but the various elements of its food are in shghtly different proportions. Vegetable food—Examination of 54 stomachs shows that less than 2 percent is composed of miscellaneous articles of vegetable origin. One stomach contained a few seeds of elderberries, two contained those of poison oak, and these with a few galls and some rubbish make up the whole of this part of the food. It would seem that with most of the vireos vegetable matter is taken accidentally, or possibly experimentally to see how it tastes, rather than as an approved article of diet. Animal food.—Of the 98 percent of animal food the largest item is Hemiptera, as is the case with many of the vireos, titmice, and gnat- catchers. These insects amount to 49 percent of the food of the pres- ent species, and are represented by the following families: Assassin- bugs, leaf-bugs, stink-bugs, leaf-hoppers, tree-hoppers, jumping plant-lice, and bark scales. These last consist, as is so often the case, of the black scale, which appeared in 8 stomachs. Caterpillars, with a few moths and cocoons, are next in importance, and constitute over 22 percent of the food. These two items not only make up more than two-thirds of the diet, but are eaten with great regularity through the year and seem to be the staples of the bird’s food. Beetles, collectively, amount to nearly 11 percent. Of these 8 per- cent are ladybirds, somewhat more than were eaten by the Cassin vireo, but only half of the amount eaten by the Swainson vireo. The remaining beetles, less than 3 percent, were largely weevils, among which a few engravers (Scolytide) could be distinguished. Hyme- noptera, including both wasps and ants, form about 7 percent of the food. Among them several parasitic ones were identified, but there were not enough to be of any great economic interest. A few mis- cellaneous and unidentified insects amount to nearly 5 percent of the food. Flies and grasshoppers make up a part of this, but they are only rarely eaten. Spiders are consumed regularly but sparingly. They amount to a little more than 2 percent. 49 BIRDS OF CALIFORNIA AFFECTING FRUIT INDUSTRY. OTHER CALIFORNIA VIREOS. Several other species and subspecies of vireos occur in California, but in the general character of their food they agree closely with the 4 foregoing. BEETLES FOUND IN STOMACHS OF VIREOS. Coccinella t. californica. Gastroidea viridula. Hippodamia convergens. Blapstinus spp. ScyMtnus Spp. Apion cribricollis. Agrilus spp. Balaninus spp. Crepidodera helzines. Copturodes koebelei. WARBLERS. ( Mniotiltide. ) The warblers, or more properly the wood warblers, to distinguish them from the warblers of the Old World (Sylviide), are a large family of rather small and often brightly colored birds. For the most part they inhabit woods and shrubbery, and while some of them obtain their food from the ground they seldom wander far from trees and bushes. The species and subspecies are so widely dis- tributed that, excepting the deserts, there are no very extensive areas within the boundaries of the United States that do not have their complement of these interesting birds. Their food consists largely of insects, and they subsist upon species which frequent the leaves and trunks of trees. Wasps and flies (Hymenoptera and Diptera) form a large portion of their diet, and as these insects are the best of fliers a considerable portion of them are taken on the wing. The warblers probably eat more of these elusive insects than does any other family of birds except the flycatchers (Tyrannide) and the swallows. Upward of 75 species and subspecies of warblers are known within the limits of the United States, and a majority of these occur in the West, though perhaps they are not so abundant individually as in the Mississippi Valley and Appalachian region. The genus Dendroica, as the one best exhibiting the characteristic traits of the group, may be taken as the type of the family. There are about 30 species and subspecies of the genus in this country, and the ones whose food is discussed in the following pages occur in | California and on the Pacific coast generally. In a résumé of the food of the warbler family one is impressed with the general noxious character of the insects which compose it. The order of Hemiptera, commonly called bugs, contains some of the worst insect pests that afflict mankind. Moreover, from their small | size and unobtrusive habits they are not eaten by many of the larger birds and are difficult to exterminate by the devices of man. But in some of their multiple forms they are preyed upon by the warblers > a a a roe Med Bull. 30, Biological Survey, U. S. Dept. of Agriculture. PLATE III. AUDUBON WARBLER (DENDROICA AUDUBON|). WARBLERS. 43 to an average extent of more than 25 percent of the whole food. Most of the other insect food, also, is either of a noxious or neutral deseription, and the vegetable portion is so small that it may be dis- regarded. There is probably no finer tribute to the beneficial char- acter of these birds than that of Dr. Elhot Coues, who says: With tireless industry do the Warblers befriend the human race; their uncon- scious zeal plays due part in the nice adjustment of Nature’s forces, helping to bring about the balance of vegetable and insect life, without which agriculture would be in vain. They visit the orchard when the apple and pear, the peach. plum, and cherry, are in bloom, seeming to revel carelessly amid the sweet- scented and delicately-tinted blossoms, but never faltering in their good work. They peer into the crevices of the bark, scrutinize each leaf, and explore the -yery heart of the buds, to detect, drag forth, and destroy these tiny creatures, singly insignificant, collectively a scourge, which prey upon the hopes of the _ fruit-grower and which, if undisturbed, would bring his care to naught. Some Warblers flit incessantly in the terminal foliage of the tallest trees; others hug close to the scored trunks and gnarled boughs of the forest kings; some peep from the thicket, the coppice, the impenetrable mantle of shrubbery that decks tiny watercourses, playing at hide-and-seek with all comers; others more humble still descend to the ground, where they glide with pretty, mincing steps and affected turning of the head this way and that, their delicate flesh-tinted feet just stirring the layer of withered leaves with which a past season carpeted the ground.¢ Following is a list of insects, mostly beetles, identified in the stom- achs of the warblers examined. A number of these had been eaten by nearly every species: COLEOPTERA. Coccinella t. californica. Crepidodera helxines. Seynnus pallens. Epitria parvula. Seymnus marginicollis. Bruchus pauperculus. ScyMnus sp. Nov. Blapstinus pulverulentus. Microlipus laticeps. Notoxus alamede. Melanophthalma americana. Anthicus difficilis. Aphodius_rugifrons. Diodyrhynchus byturoides. Diachus auratus. Apion vespertinum. Gastroidea cyanea. Onychobaris insidiosa. Diabrotica soror. Balaninus sp. HEMIPTERA. Naissetia olee. Aspidiotus rapax. AUDUBON WARBLER. (Dendroica auduboni. ) (Plate III.) The Audubon warbler is well distributed over the Pacific coast region, breeding in the mountains and descending in winter to the valleys and plains of California. It is one of the most abundant a Birds of the Colorado Valley, p. 201. 44 BIRDS OF CALIFORNIA AFFECTING FRUIT INDUSTRY. species, and may be considered as typical of the genus, especially in the matter of food. In the winter season it is a frequenter of orchards, gardens, and dooryards where it pursues its business of insect hunting with a persistent assiduity worthy of all praise. At this season it is very familiar and easily approached. In investigating the food of the Audubon warbler 383 stomachs have been examined. They were taken from July to May inclusive. Geographically they are distributed from the San Francisco Bay region southward to San Bernardino, and probably give a fair idea of the winter diet of this bird in California. The food consisted of - nearly 85 percent of animal matter (insects and spiders) and a little more than 15 percent of vegetable. Animal food.—The largest item of animal food is Hymenoptera— wasps and ants—which aggregate a little more than 26 percent of the whole. By far the greater number of these are ants, and as plant- lice also are eaten to a considerable extent, it is probable that many of the ants are species that take care of the lice. The other members of this order are mostly rapid fliers, so the inference is that they were caught on the wing. The greater number were eaten in the fall and spring months. In our record May appears as the month of least consumption—6 percent. August is the month of greatest consump- tion—61 percent. This record, however, probably is unreliable, as but one stomach was taken in this month. A few were identified as belonging to parasitic species. Flies (Diptera) are represented in the stomachs of the Audubon warbler to the extent of a little more than 16 percent, or one-sixth of the whole food. This is one of the largest, if not the very largest, record of this order of insects eaten by any bird except some of the swallows. Even the so-called nyerene do not eat so many flies as this warbler—in fact, the name ‘ wasp-catchers’ would be much more appropriate for that family. The flies eaten by the Audubon war- bler must have been caught in mid-air, for flies as a rule do not allow themselves to be captured without at least attempting to escape. These insects are so soft-bodied that it is not often possible to deter- mine more about them than that they are Diptera. Two families were identified—Muscide, the family of the common house fly, and Tipulide, or crane-flies, the long-legged mosquito-like creatures other- wise known as “ daddy-long-legs.” Most of the Diptera, however, are the smaller species, such as gnats, which fly in swarms, and being rather sluggish are more easily captured. They are eaten with remarkable regularity during the whole season, with no decided de- crease in the winter months—in fact, more were eaten in J anuary than in either September or April. March is the month of maximum consumption, when Diptera constitute over 54 per cent of the whole food. WARBLERS. 45 gs Bugs collectively amount to nearly 20 percent, of which a little more than 4 percent are scales and plant-lice. The black olive scale (Sazssetia olew) and another species (Aspidiotus rapax) were found in 15 stomachs. Plant-lice (Aphidide) were contained in 39 stom- achs, and from the numbers eaten appear to be favorite food. Sev- eral stomachs were entirely filled with them, and the stomachs in which they were found contained an averaS& of 71 percent in each. The remainder of the hemipterous food, more than 15 percent, is made up of stink bugs, leaf-hoppers, and tree-hoppers, with a con- siderable residue of other remains not further identified. Bugs, as a whole, are eaten rather irregularly, and the greater number are eaten in the fall months, after which the ygumber consumed gradually decreases. Caterpillars are eaten rather regularly by the Audubon warbler, but not in great numbers. They amount to nearly 14 percent of the food of the season, though this figure includes a few moths and chrysalids. Some cocoons of tineid moths were in several stomachs. Beetles of all kinds aggregate something more than 6 percent of the whole diet. They belong to several families, but the snout-beetles are most prominent. The others belong to about a dozen families, and, except a few carrion and ladybird beetles, are injurious. A few insects other than the above and some spiders, in all a little less than 2 percent, make up the rest of the animal food. * Vegetable food—The vegetable food of the Audubon warbler con- sists of fruit, weed seed, and a few miscellaneous substances. As the bird does not visit the fruit-growing regions during the fruit season, it is not chargeable with injury to cultivated crops. Almost all the fruit eaten is wild and of no value, though in the fall it probably feeds to some extent upon various belated products of the orchard. The total of fruit for the season is less than 5 percent, of which the greater amount is eaten in the autumn and early winter, after which the quantity is unimportant. The most prominent item of vegetable diet, however, is weed seed. This is eaten to the extent of a little more than 9 percent of the whole food, and 1s taken in almost every month of the bird’s stay. the greater quantity in winter. Something more than 31 percent was eaten in December, 22 in January, and 31 in February, after which it decreases regularly to April. One of the most important seeds eaten by the Audubon warbler is that of the poison oak (Rhus diver- siloba (Pl. II, fig. 9). In most cases the whole seed is not eaten by this bird, but only the waxy outer coating, which is easily identified by certain woody granules which it contains; hence the bird does not aid in the distribution of these noxious plants. The remaining vegetable food, amounting to less than 2 percent, consists principally of rubbish. 46 BIRDS OF CALIFORNIA AFFECTING FRUIT INDUSTRY. ~ SUM MARY. 3 It must be evident to the most casual reader that this bird isa valuable asset in the orchard and garden. The great bulk of its — food, both animal and vegetable, 1s composed of elements the elimina, tion of which from the farm is a benefit. As has been elsewhere pointed out, the destrugtion of insects during winter or in early spring is: more useful than in the height of the midsummer abun- dance, for in spring the progenitors of the season’s broods are destroyed and with them the possibility of thousands of progeny. MYRTLE WARBLER. (Dendroica coronata. ) This is another winter visitant in California. Only .10 stomachs of this species have been examined, but the contents show the pre- dominant food characteristic of the genus. There is one point, how- ever, which is worthy of passing note. One of these stomachs was completely filled with greedy scales (Aspidiotus rapax), with the exception of a small fragment of a beetle; another contained remains of the black olive scale, and still another some scales not identified. TOWNSEND WARBLER. : i (Dendroica townsendi.) The Townsend warbler, like the Audubon, summers in California only in the mountains. During the migration and in winter it visits the valleys. Like other members of the family it 1s an insect eater almost exclusively, and does not eat fruit or other farm products. Thirty-one stomachs were taken in the four months from October to January inclusive, in the region from Pacific Grove to Watsonville. As our stomach examinations disclose the fact that the food of this warbler agrees closely with that of cthers of the same group, a fair idea of the diet for the above months is obtained. Animal food—The animal food consists of insects and a few spiders, and amounts to over 95 percent of the food during the time specified. Of this, bugs make up 42 percent, mostly stink-bugs (Pentatomid#) and a few leaf-hoppers and scales. The former appear to be a favorite food. Although these insects are eaten with considerable regularity by most of the warblers of this group, they are not usually taken in great numbers, but the ‘Townsend warbler eats many, and several stomachs were entirely filled with them. Hymenoptera, consisting of both wasps and ants, are eaten to the extent of 25 percent of the food. Most of them are winged species. Perhaps the most striking point in the food of this bird is the great. WARBLERS. 47 number of weevils or snout-beetles represented. They amount to over 20 percent of the food, while all other beetles form less than 1 percent. The greater number of these insects were of the species Diodyrhyn- chus byturoides, a weevil which destroys the staminate blossoms of coniferous trees. Five stomachs contained, respectively, 68, 65, 53, 50, and 35 of these beetles, or 271 in all. Moreover, each of these stomachs contained fragments which could not be satisfactorily iden- tified; probably these were the same species, so that the total con- tained in the 5 stomachs is probably nearer 300. Several other stomachs contained fewer of these weevils. Representatives also of another family of snout-beetles very destructive to timber were pres- ent in a few stomachs. These were the engravers (Scolytidee), which lay their eggs beneath the bark of trees, where they hatch, and the larvee bore in every direction. Caterpillars and a few miscellaneous insects and some spiders make up the remainder of the animal food. Vegetable food.—The vegetable matter, which amounts to less than 5 percent of the whole, consists of a few seeds and leaf galls. As the galls in most cases contained small larve it is a question if they should not be reckoned as animal food. SUM MARY. While this can be considered as only a preliminary study of the food of the Townsend warbler, the thoughtful reader can not fail to be impressed by the fact that this bird exhibits some very valuable economic traits, especially in its relation to the forest. The stomachs containing the pine-eating weevils were from birds killed in the pine forests of Pacific Grove, near Monterey, as also were those containing the engraver beetles. Of the 30 stomachs examined, 19 held the remains of weevils, from which it would appear that these insects are preferred as an article of food. As this group of beetles con- tains some of the worst pests of the forest and orchard, any bird that eats them so freely must be considered as performing a most welcome service. . | SUMMER WARBLER. (Dendroica westiva subspp. ) The summer warbler, yellow warbler, or summer yellowbird, as it is variously called, is represented in the West by two subspecies, one of which visits California only as a migrant. The other, which does not differ essentially from the eastern form, is a rather common sum- mer resident throughout the valley and foothill regions. In the East this bird is fairly domestic in its habits, and may often be seen about gardens and orchards, or in rose bushes nearer the house.- In Cali- fornia it is not quite so familiar, but 1s becoming so and probably will. 48 BIRDS OF CALIFORNIA AFFECTING FRUIT INDUSTRY. soon acquire the habits of its eastern relative. From the material at hand this warbler appears to be even more exclusively insectivorous than the species last discussed. This may arise from the fact that it stays in the fruit districts during summer, when insects are most numerous; but it must be remembered that this is also the season when fruit and vegetable food generally are most abundant. William Prond, of Chico, Butte County, thus recounts the efficient service of this and other warblers: 3 On Rancho Chico is a fine collection of roses, all of which are more or less’ liable to attacks from Aphis rosea, but are perfectly free from other insects. I attribute this to the protection of small birds, among the most active of which are Dendroica estiva, * * * Helminthophila celata, Regulus calendula. The following statements in regard to the food of the summer warbler are based on the examination of 98 stomachs, all collected from April to October, inclusive. Animal food.—The animal food, composed entirely of insects and a few spiders, amounts to over 97 percent. The largest item is Hymenoptera, which amounts to over 30 percent, about half of which are ants. The remainder are small bees and wasps, some of which are probably parasitic species, though none were positively identi- fied. The insects of this order must be favorite food, as they are eaten with remarkable regularity and constitute an important per- - centage of the diet in every month represented. Caterpillars, with a few moths, aggregate over 18 percent. The greater number are eaten in spring and early summer, but in fall they give place to other insects. Beetles form nearly 16 percent of the diet, and embrace about a dozen families, of which the only useful one is that of the ladybirds (Coccinellide), which are eaten to a small extent. The great bulk of the beetle food consists of small leaf-beetles (Chrysomelidee), with some weevils, and several others. One stomach contained the remains of 52 specimens of Notoxwus alameda, a small beetle living on trees. Bugs (Hemiptera) constitute over 19 percent of the food, and are eaten regularly every month. Most of them consist of leaf-hoppers (Jasside) and other active forms, but the black olive scale appeared in a number of stomachs. Plant-lice were not positively identified, but some stomachs contained a pasty mass, which was probably made up of these insects in an advanced stage of digestion. Flies seem to be acceptable to the summer warbler; they are eaten to the extent of nearly 9 percent. Some of them are of the family of the house fly, others are long-legged tipulids, but the greater num- ber were the smaller species commonly known as gnats. A few small soft-bodied Orthoptera (tree-crickets), a dragon-fly, and a few remains not identified, in all about 5 percent, made up the rest of the animal food. WARBLERS. 49 Vegetable food—The vegetable portion is only about 23 percent. Nearly all of this was fruit pulp contained in a single stomach. This, with one or two seeds and a few accidental bits of rubbish, makes up the whole vegetable contingent, which, therefore, may be dis- missed without further comment. FOOD OF NESTLINGS. Some idea of the amount of insect food eaten by warblers may be obtained by watching the feeding of their young by the parent birds. A nest of the summer warbler containing two young, about a week old when discovered, was watched for six hours distributed over three days. The nest was situated in a prune tree in an orchard, and it is practically certain that all the food for this family was obtained in the orchard. The results of the observation appear in the following table: ; Forenoon. | Afternoon. Date. i. =F) Hour of obser- Neer Hour of obser- | N ee vation. oe BEEIS vation. ol 1eed- ings. ings. CLITCTS Opel Ce ae oe Mae et RS 3.26-4.26 | 21 June 14 | 8. 21-— 9.21 Oe eee See ceee eee eia eye ees June 14 ~—-: 10. 34-11 .34 32 4, 36-5. 36 | al June 15 | 8.00- 9.00 36 1, 11-2. 11 30 _In six hours 181 feedings were observed, an average of 304 per hour. As there were only two young, it follows that each nestling was fed 15 times per hour, or for a day of fourteen hours 210 times. Both parent birds took part in feeding the young, but it was noted that the female visited the nest most frequently. SUMMARY. From the above facts it is evident that the presence of a few warbler nests in an orchard goes far to safeguard the trees from attacks of insect enemies. The inference is plain that the presence of insectivorous birds should be encouraged by the orchardist by every means in his power. The summer warbler is, if possible, even more completely beneficial in its food habits than the Audubon warbler. Its animal food in relation to man is almost entirely nox- ious or neutral, and it eats so Httle vegetable food that its character is - of but slight consequence. WESTERN YELLOWTHROAT. (Geothlypis trichas subspp. ) In California the yellowthroat is an inhabitant of marshes and low, bushy places among tules or willows. While it is an insect-eater of ” 9879—No. 30—07——4. © 50 BIRDS OF CALIFORNIA AFFECTING FRUIT INDUSTRY. the highest order, it does not so directly affect the interests of horti- culture as it would if it frequented orchards and gardens. It may be said, however, that as the swamps and thickets in which it lives are the recruiting grounds for many orchard pests, the bird that destroys them in their native haunts is by no means without economic value. In a somewhat restricted investigation of the food of this bird 114 stomachs, taken in every month except January, were examined. Vegetable food.— ye RE ee I. The common meadow mouse (Jlicrotits Sater eatin ICUS \i-s a eed ee Hesihe prairie mouse CWicrotus.ochrogaster) 02 III. The pine mouse (J/icrotus pinetorum scalopsoides)_____ Peet Gout k Mamadceay meld: mices 230 fe p29 WL: Ee ie Brome tonmeadows: and pastures:...0 098 i ey 2 ee Damage to grains and forage________ Pea oot CORE a Hh TRE ee MaMa emhG, HT FOC CrODS 2 2= oe ee ee Be Set ie Damage to small fruits_______ pe tale SAGA LEM A ct? AE eR ce Se PAY. 2 AEE P SRO RMUR SOT SUOC Key a nk Ft rOey,. 2070 E 8 ee eee annua On Oc IhepECnGer == eo os ee ee mE ye hOrFORCSE TTEGS 2h 5 wee DERE in eh Ee os ca Damage to parks and lawns__________ me Reet, OG ad eee s Man OrChard..-2- 2. oe BE ae ee 5g A Soleo Ae: The relation of field mice to the farmer_______ oe age apis eeu eGnis a! Ora rmerscanmd OFners._ <7 5 ke ee Reports from nurserymen and CRI ES a ek ae ee SE Woes Pe) HMeonomic status of field. mice. 2.02. 4 eel ten Aang Ms Res ys at Repression of field mice—natural agencies_________ mat: SLE SOR AN re oa TEP AAE TITUS sae ie aa Oe ane ey Reg oe ge en CALS Ales Bipidemic Giseases__.._-. _-_._... -__.-_. __= So A Se Oe I ManeEaenemies OF Held mice 2 - esos ee Et, eee ee Micnmnrals thats CeSmroy- field: mice222= 2 at EGS Una GO CSEEOY THe GMI CC aes Dither. ne. 2 eee mepression Of field mice—active measures_«_—_. --___. ST URINE DE Og Ree pee Sets he ge ews eae fe hoe CMUBRY cheMOM 8 alae, ph ee icin. See! 278 Orher mechanical devices. 2." -—-____ eee set a Sit, Sl ees arte i he eee Se ee ns Or i ee STUSSY SIAL DETTE eS wa ES Sa rd a LULLGIE TUS ESOT ue eke Bs ane a aes ae Ee Pe CiMiOn AINE LHOdS: Ol, POISOMING 2 2 282 ee aprrie Ries. dls1c) Cie ee ne ee eS ee wb SENET SER TTS ITDS ee Nas ae Sh nh ee ae a el PecOMimmMendations to farmers.) 2 ~~ __-.2_..-____ eR sees i, a Prevention of injury to orchards and nurseries_______ eRe er eng Sy SURGES BG Te LT CES 1 Ss a Peieaa Alc] iayeereneer ieee eee, 2 ns ee te x vas Meat zs ne oii RMERI Lees eee ee A ee ILLUSTRATIONS. PLATES. . Fig. 1—Meadow mouse (Microtus pennsylvanicus). Fig. 2.—Pine mouse (Microtus pinetorum scalopsoides) __-—~—-_- . Roots of wild morning-glory stored by meadow mice______________ . Fig. 1—Young apple tree eaten by pine mice. Fig. 2.—Young apple tree eaten by meadow micé__. =. = +. as eee . A neglected young orchard in winter._-__--_--._ +4. eee . Fig. 1—Pear tree injured by meadow mice. Fig. 2.—Apple tree injured by meadow, mice_ =~. = a eee . Fig. 1—Low-headed apple tree in a Kansas orchard. Fig. 2.— Apple tree recovered after injury by mice.____=_=+_ = = ee . Fig. 1—Apple tree killed by prairie mice. Fig. 2.—Apple tree addled? by Tap Vliss. Sze = ee ee 3 ae KS eee . Apple trees girdled by prairie mice (MWicrotus ochrogaster) ________ TEXT FIGURES. Fic. 1. Nests, burrows, and trails of MWicrotus pennsylvanicus____________ 2. Field mouse caught in baited guillotine trap_____________-_=] === 3. Field mouse caught in unbaited guillotine trap___________--_-____- 4 AN ECONOMIC STUDY OF FIELD MICE." ~ INTRODUCTION. The present paper deals with the habits of the common field mice ¢ of the United States, the conditions which often favor their enormous multiplication, the natural enemies which aid in their repression, and the agencies which farmers may employ to avoid losses by the animals. Small as these pests are, they inflict enormous injury upon the crops of the country. The aggregate loss to the. farmers from this source averages not less than three millions of dollars annually, and in some years is much greater. The major portion of this loss is preventable, and the object of this bulletin is to acquaint farmers, orchardists, nurserymen, and others with the most practical pre- ventive methods. Among the more interesting facts connected with wild animals are the sweeping changes in the relative numbers of certain species to be noticed from year to year in almost every locality. Species that are abundant one season may be rare or entirely absent the next; or they may gradually increase or decrease in numbers through a series of years until disaster results from their overabundance, or the species becomes practically extinct. Sometimes wild animals increase in numbers so suddenly that the change has been likened to a tidal wave, and ignorant people have regarded the invasion as of miraculous origin. The belief that crickets, locusts, frogs, and even mice sometimes fall from the clouds is still held in many countries. The careful observer, however, sees little mystery in the phenomena mentioned. He has studied the general habits of animals—their food, their powers of reproduction, their migrations, the checks on their increase due to natural enemies, disease, and varying climate— and consequently he attributes sudden changes in their numbers to known causes. In such changes he recognizes, especially, the influ- ence of man, both direct and indirect, and his responsibility for inter- ferences that greatly modify the operations of nature. @The term “ field mice” applies equally well to several groups, or genera, of mice which occur in cultivated areas and meadows of the United States, but in this paper it is restricted to the most widely known group, the genus Microtus. 5 6 AN ECONOMIC STUDY OF FIELD MICE. Outside the insect world the most striking examples of occasional excessive multiplication of a species are afforded by rodents. The invasions of rabbits and rats are familiar, but no rodents exhibit the tendency more forcibly than the J/icrotine, a subfamily which includes lemmings, voles, and muskrats. The lemmings and voles, especially, are noted for those peculiar waves of increase that astonish observers and bring disaster in their wake. The most noted example is afforded by the somewhat periodic migrations of lemmings (Lemmus lemmus) in Norway and Sweden. These animals live in the higher plateaus of Scandinavia. Here during several favorable years they increase in geometrical ratio until the food supply gives out and hunger impels great hordes to migrate into the lower valleys. Once started on their journey they continue in the same general direction in spite of all obstacles. They travel in vast armies, swimming lakes and streams, living on the products of the soil, and carrying calamity to farmers. They breed on the journey, lingering only until the young are strong enough to travel or until food is exhausted. They are constantly the prey of natural enemies which gather in their wake, and are destroyed ruthlessly by man; so that in spite of an enormous natural increase, the vast army gradually melts away. Usually disease breaks out and helps to decimate them, so that as a rule comparatively few reach the final barrier to their march, the sea. After a short delay the survivors, ignorant of the nature of the barrier, plunge into the water and essay its passage, swimming until they perish.¢ The migrations usually cover a period of two years, but are sometimes prolonged to three. None of the migrating animals return to their homes, and they are entirely absent in the lower valleys until the next migration.” The economic vole (J/icrotus wconomus) of Siberia performs somewhat similar migrations. Writing of it ‘over a century ago Thomas Pennant said: “ They in certain years make great migra- tions out of Kamtschatka; they collect in the spring and go off in incredible multitudes. Like the Lemmus, they go in a direct course and nothing stops their progress, neither rivers or arms of the sea: in their passage they often fall a prey to ravenous fishes and birds, but on land they are safe, as the Kamtschatkans pay a superstitious regard for them; and when they find them lying weak or half dead with fatigue on the banks, after passing a river, they will give them a@Prof. Robert Collett, of Christiania, Norway, records that in November, 1868, a steamer sailed for a quarter of an hour through a swarm of lemmings which extended as far as the eye could reach over the Trondhjemsfjord. (Journal Linnean Society of London, Vol. 13, p. 33, 1878.) 6T. T. Somerville, Proc. Zool. Society of London, 1891, pp. 655-658. Robert Collett, Journal Linnean Soc. of London, Vol. 13, pp. 327-834, 1878. HISTORIC INVASIONS OF FIELD MICE. ii all possible assistance. They set out in their migration westward. From the river Pengin they go southward and about the middle of July reach Oshotska and Judoma, a tract of amazing extent. They return again in October. The Kamtschatkans are greatly alarmed at their migrations, as they presage rainy seasons and an unsuccessful chase; but on their return, expresses are sent to all parts with the good news.” ¢ Visitations of voles have not been infrequent in the history of the Old World. The earliest records of them are in the Bible® and in the works of Homer, Herodotus, and Aristotle. So serious did the Greeks consider plagues of field mice that in their pantheism they had a mouse god (Apollo Smintheus), who was invoked to avert the evil. Invasions of field mice have not been rare in Great Britain and the Eurasian continent. Blasius records serious outbreaks on the Lower Rhine in the twenties. Brehm, quoting Lenz, gives an account of one in 1856 and of another in Rhenish Hesse in 1861. Brehm himself observed hordes of the animals in 1872 and 1873 on the sandy plains of Brandenburg and in the rich corn lands of Lower ‘Saxony, Thuringia, and Hesse.?. The chroniclers of England—Hol- inshed, Stow, Childrey, Lilly, Fuller, and others—record outbreaks of mice in Essex and Kent, 1581, and again in Essex in 1648 and 1660. Later plagues occurred in parts of England in 1745, 1754, 1814, 1825, 1836, and 1863-1867. Severe outbreaks took place in Scotland in 1825, 1864, 1876, and 1892, the last so serious in its effects upon the sheep industry that the British Board of Agriculture appointed a special committee to investigate it. The report of this committee ¢ is the most complete and important contribution to our knowledge of field mice thus far published. ; A large portion of Hungary was devastated by field mice in 1875 and 1876. In 1875 they were observed to be very numerous in cer- tain districts, and by the spring of 1876 they fairly swarmed in cultivated fields, so that the peasants “ doubted whether they had sprung from the earth or fallen from the clouds.” They devoured grain, roots, and growing vegetation—corn, potatoes, turnips, and Iucern. In the fall they attacked vineyards and shrubbery, and a History of Quadrupeds, by Thomas Pennant, 3d edition, vol. II, p. 195, 1793. 6“And the cities and fields in the midst of that region produced mice and there was great confusion and dearth in the city.” I Samuel, v., 6 (Vulgate version. ) ¢ Naturgeschichte der Siiugethiere Deutschlands, von Johann Heinrich Bla- Sius, p. 386, 1857. dA, KH. Brehm, Thierleben: Siiugethiere, vol. 2, p. 390, 1877. € Report of the Departmental Committee on a Plague of Field Voles in Scot- land, London, 1893. 8 AN ECONOMIC STUDY OF FIELD MICH. when food was exhausted, began to eat each other. They were finally destroyed by an infectious disease, which killed them by thousands.* In North America, up to the present time, no such calamitous invasions of field mice have been known, although occasionally one or another species increases locally to such an extent as to amount to a plague. Of even greater consequence, however, is the steady drain on agricultural products caused by these rodents over a large part of the country when present in normal numbers. CLASSIFICATION OF FIELD MICE. The genus dficrotus belongs to a subfamily of I/uwrde known as the Microtine (formerly Arvicolinw). This subfamily embraces a large number of forms of small and very similar rodents which in some respects resemble true mice, but which are readily distinguished by the robust body, thick head, short ears (whence J/icrotus), and short tail, the last exceeding two-thirds of the length of the body in but one genus, /7ber (muskrats). The d/icrotine are divided into two groups, which are commonly distinguished under the names lemmings and voles. Externally lemmings have shorter bodies than voles, and, except in one genus (Synaptomys), the tail is shorter than the hind foot, and the palms and soles are without distinct foot pads (plantar tubercles). The two principal genera have the nails on the thumb strap-shaped (lhgulate). Voles have bodies less stout, tails usually longer than the hind foot, and: soles and palms always with distinct foot pads. The thumb nails are pointed, not hgulate. There are four genera of voles, all having representatives in the United States, of which the two more familiar are Fiber (the muskrats) and J/icrotus (the field mice). The other two genera are of little importance to the farmer. The present paper deals only with the genus d/icrotus. Voles of the genus J/icrotus are distinguished from members of the other three genera by having rootless molars at all stages of their life. ber may easily be recognized by its large size, its long, later- ally flattened tail; and by its having the feet modified for swimming. | There seems to be no entirely appropriate vernacular name for the mice of the genus Microtus. The French call them “ campagnols,” the Germans “ wiihlmause.” English-speaking people outside the United States call them “voles.” In the United States they are variously designated as “‘ meadow mice ” or “ field mice,” and locally as “bear mice,” “bull mice,” ‘“ buck-tailed mice,” “‘ mole mice,” ete. “Vole” is open to the objection that it applies equally well to three other genera and may easily be confused with “ mole.” “ Field mice ” 2 Report on a Plague of Field Voles in Seotland, Appendix III, p. 76, 1893. DISTRIBUTION OF FIELD MICE. 3 will apply as well to other genera and subfamilies of mice, while the term ‘meadow mice” is not broad enough to include all the species of Microtus. | ee SPECIES AND DISTRIBUTION. Field mice of the genus I/icrotus have stout bodies, blunt, rounded muzzles, small eyes, and short ears—often completely concealed in the fur. The tail is short and hairy; the soles of the feet are naked or clothed with short hairs, and have five or six foot pads (plantar tubercles). The incisors are broad and not grooved. The molar teeth in all members of the genus, lke the incisors of all rodents, grow continuously throughout the life of the animal and do not develop roots. They are prismatic in form, and the crowns show triangular dentinal spaces surrounded by lines of harder enamel. These curious enamel patterns are of great impor- tance in the classification of the animals, as they are but slightly affected by age and wear and are remarkably constant for each species. | About 165 living species and subspecies of J/icrotus have been recognized (1904), of which about 78 are North American.* Eight extinct fossil species have been described, and several of the living forms also have been found fossil. The genus J/icrotus is of wide distribution, covering practically the greater part of the northen hemisphere outside the tropical zone—America north of the Tropics, all of continental Europe, and Asia, except its southern peninsulas. Great Britain has two species, but Ireland and the principal Mediterranean islands have none. The genus is not found in South America, Africa, Australia, or the Australasian islands. While true mice (J/ws) are found over a large part of the range of A/icrotus, they do not extend so far north- ward and occur much farther southward. MJMicrotus finds its most southerly extension in the Old World in Palestine and the southern slope of the Himalaya Mountains; in America, in southern Mexico and Guatemala. The range of a single species is often remarkably great. Thus the typical form of the common meadow mouse of the United States (M. pennsylvanicus) occurs over a large part of at least twenty-five States, from Maine to the Dakotas and southward almost to 35° north latitude. If the five subspecies (geographic races) are in-. cluded, this range is almost doubled in extent. Another species, M. mordaxz, occurs in most of the high mountains from Colorado to California and from Arizona to Alaska. The meadow vole of Great a@¥Wor key to the North American species and descriptions the reader may consult N. A. Fauna No. 17, Revision of American Voles of the Genus Microtus, by Vernon Bailey, 1900. 10700—No, 31—07——_2 10 AN ECONOMIC STUDY OF FIELD. MICE. Britain (W/. agrestis), common from the Orkney Islands to the English Channel, is also distributed over much of northern Europe. Another closely related species, J/. arvalis, has a still wider distribu- tion in central and southern Europe, and, strange to relate, is found in England as a fossil. On the other hand, some of the species of A/icrotus are of limited range, a few of them being confined to the summit of a single moun- tain or isolated on a single small island. The beach vole, for in- stance, occurs only on Muskeget Island, Massachusetts, while the Gull Island vole (Jf. nesophilus) of Great Gull Island, in Long Island Sound, was of such lmited distribution that grading and excavating for fortifications probably resulted in the total extinction of the species. 3 The several species differ greatly in size. Including the tail, some are even shorter than the common house mouse, while others are as large as a medium-sized rat. The largest species is the Florida water rat (d/icrotus alleni), whose total length is about 320 mm. (12.5 inches). The smallest American species is the dwarf vole (J/. pau- perremus), whose total length is 115 mm. (4.5 inches). While the tail of field mice is usually very short in proportion to total length of the animal, the various species differ greatly in this particular. The males of many species give off a strong odor, much like that of the muskrat. HABITS OF FIELD MICE. While the food habits of the various species of short-tailed field mice are remarkably similar, their breeding and general habits differ greatly. The variety of habitats is most striking. Some species pre- fer high and dry ground, while others live in low, moist places. Oc- casionally the same species inhabits both sorts of localities. Some species live in forests, others in the open prairies. Some burrow under the ground like moles, while others make smooth paths or trails upon its surface. Except in cold weather, nearly all species can temporarily adapt themselves to moist surroundings; but a few seem to be almost as aquatic as the nearly-allied muskrat. This is true especially of the larger species, such as the Florida round-tailed “ muskrat ” (J/. alleni) and the European water vole (J/. amphibius), both of which swim and dive with such facility that they are popularly called “ water rats.” | NESTS AND TRAILS. The nests of field mice are compact bunches or globes, composed chiefly of grass blades and other dry vegetable fibers. They are placed in depressions in the ground, in shallow burrows, or supported on grass stems above the ground. In brush piles the writer has BREEDING HABITS OF FIELD MICE. 11 found them nearly a foot above the ground. Sometimes they are placed under flat stones or logs or under shocks of grain. The struc- tures are so slight that a day’s sunshine will dry them out after a storm, and yet they are so compact that the animals pass the coldest weather snugly housed in them under the snow. The nests are admirably located with respect to drainage, being so placed that they are not likely to be flooded during excessive rains, and often being in depressions of mounds made by the mice, well above the general surface of the meadows. Trails, often of great length and worn smooth by constant use, lead to neighboring feeding grounds. As far as possible they are under shelter of old grass, fallen weeds, leaves, and other material. The trails of some species are almost entirely below the surface of the ground, and short tunnels are common with most species. At inter- vals burrows of varying depth occur, usually but a few inches below the surface. These lead to underground nests, to the roots of food plants, or serve only for refuge from enemies. BREEDING HABITS. While most surface nests are. for shelter only, sometimes the young, especially of swamp species, are produced in them. However, the young of most kinds are born in underground nests and are rarely seen unless uncovered by accident. They are at first hairless and blind. When discovered in the nest the mother vole slips noise- lessly away, sometimes carrying the young attached to her mamme. The breeding season includes most months of the year, except mid- winter in cold latitudes and periods of long-continued drought. The number of litters in a -year thus depends on climate, and especially upon the character and length of the winter. In temperate latitudes in normal seasons from four to six litters are produced. Even the same species in different localities differs much in this particular. That the number of young in a litter varies with the different species may be inferred from the variation in the number of teats. Some species produce normally from two to four young, others from four to eight; but the variation in the same species is remarkable, and depends partly upon climate, but probably more on the scarcity or abundance of food. The largest litter recorded by the field natural- ists of the Biological Survey is thirteen, the species being the dwarf vole (J/. nanus). The period of gestation is not positively known, but probably 1s about twenty days. Members of the Biological Sur- vey have recorded finding young of the American species in the nests, or females containing embryos, in every month of the year except January and February. European testimony proves conclusively that, like the lemmings, voles at times increase in numbers abnormally, but the causes are 12 AN ECONOMIC STUDY OF FIELD MICE. little understood. So rapidly do they multiply at such times that the results are astonishing. Females become pregnant within a few days after giving birth to a litter, and the number of young at a time is abnormal. The published accounts of conditions subsequent to and during such periods are highly interesting. Dr. A. E. Brehm, quoting Blasius and Lenz, states, concerning the field mice of Gertiane (7. arvalis), that in 1822 in the district of Zabern 1,570,000 were caught in fourteen days. During the same time in the district of Nidda 590,427 were caught, and in that of Putzbach 271,941. In the autumn of 1856 there were so many voles in one district between Erfurt and Gotha that about 12,000 acres of land had to be replowed because of the destruction of the first crop. On a single large estate near Breslau 200,000 were caught within seven weeks and sold to a Breslau fertilizer factory at a pfennig (nearly one-fourth cent) per dozen. Some of the vole catchers caught 1,400 to 1,500 per day. In the summer of 1861, in the neigh- borhood of Alsheim, in Rhenish Hesse, 409,523 were caught. The local authorities paid 2,593 gulden (about $1,000) for their capture.* Louis Figuier, the French naturalist, writing of the same species, says that the female gives birth to from eight to twelve little ones three or four times in a year, and that multiplication is so rapid at times that “ whole districts have been reduced to destitution by this scourge. In 1816 and 1817 the one department of Vendée experi- enced a loss estimated at £120,000 [nearly $600,000], caused entirely by these animals.” ® The common meadow mouse of the United States is one of the most prolific of our species. Estimating the normal increase at six young, with four litters in a season, and assuming that there were no checks upon the increase, the results are ene. A single pair and their progeny in five seasons would amount to nearly 1,000,000 indi- viduals. This calculation is under the mark, since it is based on the assumption that the young do not breed until about a year old. The animals, however, mature very rapidly, and the spring young undoubtedly breed in the fall of the same year. If a thousand pairs of field mice survive the winter in any neigh- borhood, the potential conditions for a vole plague are present. If, now, instead of normal reproduction, circumstances bring about a considerable increase both in the number of young at a time and in the number of litters in a season, the probability of a plague is greatly increased. Hence the farmer needs the good offices of every creature that preys upon mice, to supplement the climatic limitations upon their increase and to aid in saving his crops. a@Thierleben: Siugethiere, vol. 2, pp. 387-393, 1877. 6’ Mammalia Popularly Described by Typical Species, L. Figuier, p. 445, 1870. FOOD OF FIELD MICE. 13 FOOD HABITS. Owing to its finely chewed condition, exact determination of the food of rats and mice from stomach examinations alone is very diffi- cult. This is especially true of the species of the genus Microtus, whose molars are well adapted for grinding. So complete is the: mastication and subsequent maceration of weed and grass seeds, as well as roots and grains, that the cell structure is often destroyed. A fair idea of the food can be gained, however, by a study of the animal’s environment, by the color of the stomach contents when bark has been eaten, the odor of wild onions when present, the pres- ence of starch grains revealed by the microscope, or the character of the few perfect vegetable cells that remain. The bits of stems, blades of grass, and leaves of other plants left scattered along the run- Ways are important evidence, as also are the contents of the caches of food in the burrows. In summer the principal food of these mice is green vegetation and unripe seeds of grain and grasses. As the season advances, ripe grain and seeds take the place of the immature; and in winter bulb- ous and other roots are in part substituted for stems and leaves. When convenient, and green vegetation is lacking, the bark of trees’ and shrubs becomes a staple food. It is mainly in winter that apple orchards and young forest trees suffer from attacks of mice. It is generally supposed that such attacks are due to the absence of ordi- nary food; but this is not always the case, for depredations often occur during mild, open winters when food abounds. Instances also of summer girdling of trees are well attested. Examinations of stomachs of field mice show that, besides stems, leaves, and seeds of grasses and sedges, the Hiemale eat nearly all kinds of bulbs, tubers, and roots, and occasionally animal food such as snails and crayfish. Outside the list of grains, vegetables, grasses, roots, and barks, which are generally known as staple food of field mice, they have been found eating strawberries and other fruits; roots of wild morning-glory (Convolvulus sepium), sweet clover (Melilotus alba), and cat-tails (Typha latifolia) ; seeds of iris and primrose (Primula parry?) ; bulbs of tulip, hyacinth, and wild onion; and the tubers of the Jerusalem artichoke (Helianthus tuberosus). The quantity of green vegetation eaten by a single adult field mouse in the course of a year has been calculated at from 24 to 36 pounds. When one considers in connection with this estimate the great numbers of these animals in our meadows, swamps,.and forests, the total quantity of food consumed by them appears so enormous as apparently to exceed the productive capacity of the soil. A thou- sand mice in a meadow would require at least 12 tons of grass or other green vegetation to maintain them for a year. 14 AN ECONOMIC STUDY OF FIELD MICE. That a thousand of these small animals often inhabit a single meadow is not an extravagant estimate. Indeed, that number is often exceeded. Careful estimates made in France during 1893 placed the number in one district (Bar-sur-Seine) at 10,000 per hectare (about 4.000 per acre). In 1904, in the Department of Charente, the average number per hectare (2.47 acres) was estimated at 1,800 (540 per — acre). Fortunately, conditions in America appear to be less favor- able to their increase, and the natural enemies of mice have not yet been exterminated to such an extent that they fail to check the excessive multiplication of the rodents. SrorING Foop. European naturalists nearly all agree in stating that field mice store food for winter use and that the animals hibernate during cold weather. Brehm says that the common species in Germany (J/icrotus arvalis) collects fallen haws, juniper berries, beech mast, acorns, and nuts into its burows. During the coldest weather they fall into uninterrupted hibernation, but when mild weather returns they rouse up and feed on their stores." Similar statements are made of other species and confirmed by other writers. The most noted example of provident preparation for winter 1s afforded by the economic vole (J/. @conom us) of eastern Siberia, whose migrations have already been described. These animals are said to lay up large stores of food during summer—20 and even 30 pounds of fresh roots have been found in one hoard.® ~The Kams chatkans habitually rob these stores of food for their own use—a fact which accounts for the favor with which they look upon the animal. American voles, so far as known, do not hibernate, but are active in winter even in the far north. 5o thoroughly has this fact been proved by observation that it seems possible that European observers may be mistaken as to the hibernation of Old World species. The habit of storing food seems to be less common in this country than with Old World species, but it is far from rare. Caches of food are often found, which show that in times of abundance the animals store away more than is needed for immediate use. One American species, the tundra vole (J. operarius), exhibits mm its provident habits a resemblance to the economic vole. The animal is small, inhabiting mossy tundras of western Alaska, from Cape Vancouver north to Bering Strait and up the Yukon Valley to the boundary of the British possessions. According to E. W. Nelson, it gathers stores of small bulbous roots, sometimes placing a peck or more in a single cavity just below the surface on a mossy knoll or aThierleben: Siiugethiere, A. E. Brehm, vol. 2, p. 388, 1877. b History of Quadrupeds, by Thomas Pennant, vol. 2, p. 194, 1793. THE COMMON MEADOW MOUSE. 15 slope. In autumn, shortly before the first snowfall, the Eskimo women and children discover these stores by means of pointed sticks. In this way considerable quantities of food are gathered, which are boiled and eaten as a delicacy. ‘“ The boiled roots have a flavor like a boiled unripe sweet potato, and are very palatable during the long winter fare of meat and fish.” ¢ THREE TYPICAL SPECIES. I. THE COMMON MEADOW MOUSE. Microtus pennsylvanicus (Ord.) (PI. I, fig. 1). The most familiar of American species of J/icrotus is the common meadow mouse (J/. pennsylvanicus). The average measurements of adults are about as follows: Total length, 170 mm. (6.6 inches) ; tail vertebra, 46 mm. (1.8 inches) ; hind foot, 21.2 mm. (0.83 inch). The tail is always at least twice as long as the hind foot. The fur is long and overlain with coarse black hairs. In summer the ears overtop the fur. In winter the fur is longer, of a duller color, and almost conceals the ears. The usual color above is a dark brown, against which the black hairs are not conspicuous. This shades off gradually into gray or tawny on the under parts. The feet are small, the claws on the hind feet slightly larger than those on the front. The foot pads are 6; the mamme 8 (4 pectoral and 4 inguinal).? The vast range of this species has already been given. This mouse has its natura! habitat in moist meadows and grassy borders of swamps, but it habitually extends its range into neighboring culti- vated fields, waste lands, and open spaces on the border of timber lands. Wherever it occurs, it is normally the most abundant rodent. Nearly all meadows are full of the animals. On parting the thick grass almost anywhere one can find the smooth trails, and where the erass is thin they are often plainly visible. After the melting of deep snow, or where the dry grass has been burned, the network of runways is especially conspicuous to the eye. In swamps the paths cross soft mud and standing water, if shallow. When green scum, composed of minute floating plants, covers stagnant water, the trails are defined across it by streaks of clear water where the animals swim from side to side in the pools. In walking across a swamp one some- times frightens them from the shelter of tussocks and sees them swim away or run through shallow water. In swamps meadow mice nest in burrows in dry tussocks or in bunches of grass above the surface of the moist ground. The nests are composed of grass or fibers of weeds made into balls, loose and of a@Proc. Wash. Biol. Soc., vol. 8, pp. 189-142, 1895. 6 For dental and skull characters consult N. A. L'auna No. 17, p. 17, 1900. 16 AN ECONOMIC STUDY OF FIELD MICE. — coarser materials outside, but compact and of finer stuff within, each having a small opening on the side near the bottom. From this opening two or more trails diverge, one usually leading into an underground tunnel which opens at some distance from the nest. Nests intended to receive the young are lined with the softest of accessible materials, often with pappus of milkweed (Asclepias) or cat-tails (Typha). Such nests are sometimes hidden under grass, brush, or other litter, but more frequently are placed in underground burrows. The normal number of young varies from four to eight, the average being about six. The trails of meadow mice are interesting subjects for study. The animals take advantage of all sorts of shelter, especially that which is close to the ground. Under fallen leaves and weeds the trails become half tunnels. Even in the open meadow they are often entirely hidden under old grass, and their presence would hardly be a Db = = Fic. 1.—Nests, burrows, and trails of Microtus pennsylvanicus. a, Surface trails; D, opening to burrows; c, underground tunnels; n, surface nest; n’, underground nest. suspected from .any surface indications. Under the favoring shelter of piles of weeds, grass, or other litter the trails made by the ani- mals are usually more intricate than elsewhere. The accompanying sketch (fig. 1) was made from trails and nests uncovered by removing a pile of weeds. The rapidity with which meadew mice work is surprising. If the nest is destroyed they choose a new site and construct a new nest of fresh materials in a single night. They work both night and day, but are especially active in the evening and early morning. They are less active in the middle of the day, especially in sunlight. When disturbed in their homes meadow mice rush about with great celerity; but in sunlight especially they do not see well, and are almost as liable to rush blindly toward the point of danger as away from it. When cornered, they stand on their haunches and defend themselves Bul. 31, Biological Survey, U. S. Dept. of Agriculture. PLATE lI. Fic. 1.—MEADOW Mouse (MIcROTUS Fig. 2.—PiINE Mouse (MicrRoTus PENNSYLVANICUS). PINETORUM SCALOPSOIDES). PLATE II. Bul. 31, Biological Survey, U. S. Dept. of Agriculture. ROOTS OF WILD MORNING-GLORY (CONVOLVULUS SEPIUM) STORED UNDERGROUND BY A PAIR OF MEADOW MICE (MicrRoTuS PENNSYLVANICUS). [Weight of roots, 18 ounces. The scale in the illustration is 6 inches long. ] HABITS OF COMMON MEADOW MICE. sf with great valor, and their sharp teeth are rather formidable weapons. Sometimes after capture one seems to give way to uncontrollable anger, and when placed in a cage with others of the same species it is eager to attack all its fellows. When two engage in combat they stand up on the hind feet and fight with claws and teeth, keeping up a constant squeaking. Meadow mice soon adapt themselves to confinement. They eat almost any food offered and soon become tame. I find, however, that certain succulent roots, particularly those of the wild white morning- glory (Convolvulus sepium), are preferred to everything else. This root tastes much like sweet potato and is abundant in swamps and waste places frequented by the mice. While feeding they sit up on their hind legs and use the front paws to handle the roots, after the manner of squirrels. This species often stores up ‘food in under ground galleries. I have several times discovered such hoards, consisting of leaves or succulent stems, but more frequently entirely of the morning-glory roots already spoken of. On March 5, 1907, I collected the contents of such a cache, which weighed 18 ounces (PI. IT). The species under consideration never lives in barns or outbuild- ings. Its nearest approach to human habitations is the stackyard or piles of wood or boards left on the edge of orchards or fields near houses. In the far north a closely related species, the Drummond vole (JZ. drummondi), enters houses and barns much after the manner of the common house mouse. The common meadow mouse is especially noted is long winter excursions from its summer abode, hiding its movements under cover of deep snow. The journeys of the animals are not suspected until the snow disappears, when the trails can be traced to great distances. They reach wheat, rye, clover, and timothy fields and often extend into orchards, nurseries, lawns, and gardens, all of which are injured by the animals. Haystacks or shocks of corn and other grain are sure to suffer if left out over winter. The Old World species of field mice most noted for extensive ravages of crops, and including such well-known forms as J/. agrestis, M. arvalis, and M. hartingi, are very closely related to our common meadow mouse. Many of the more prominent American species, as the Drummond vole (J/. drummond7), the Peale vole (J/. montanus), the dwarf vole (J/. nanus), the Townsend vole (J/. townsendi), and the California vole (J/. californicus), belong to the same group. Their wide distribution brings meadow mice into contact with agri- culture over great areas, and this fact, added to their prolific breed- ing, renders the group the most destructive one in the genus under consideration. As farming is pushed northward in the British 10700—No. 31—07——3 18 AN ECONOMIC STUDY OF FIELD MICE. : provinces and as the cultivated areas in the West are extended under the stimulus: of the United States Reclamation Service, the danger of serious ravages by meadow mice will increase rather than diminish. II... THE PRAIRIE MOUSE. Microtus ochrogaster Wagner. The prairie mouse is probably second only to the common meadow mouse in the extent of its injury to crops. Outwardly it differs but slightly from the latter species. Its tail is shorter (less than twice the length of the hind foot) and its fur is coarser. In winter the pelage is grayer. The color of the underparts shades into a buff or cinnamon. The contrast between the upper and lower parts of the tail is much sharper than in the common meadow mouse. The foot pads are 5, and the number of mamme 6 (2 pectoral and 4 ingui- nal). Its average measurements are about as follows: Length, 155 mm. (6 inches); tail vertebre, 38 mm. (1.5 inches); hind foot, 21 mm. (0.82 inch). The prairie mouse occurs in southern Wisconsin, in Indiana, [h- nois, Iowa, Missouri, Nebraska, Kansas, and a part of Oklahoma. It lives in the open prairie country, mainly in the Upper Austral zone. Thus it is much more hkely to invade crops than if its natural habitat were in swamps. I have found it on the borders of corn and cane fields and in native meadows, as well as in cultivated clover and alfalfa fields. It seems especially partial to fields that have been allowed to lie fallow for several seasons. The soft mixed annual grasses and weeds that partly replace the original prairie cover seem to furnish it congenial surroundings. Close grazing of the open . ranges tends to drive out voles, but when ranges are not closely pas- tured, so that an abundance of old grass is left, prairie mice soon become numerous and appreciably reduce the amount of forage. In the same manner the prairie mouse invades pastures and neg- - lected orchards whenever dry grass is permitted to accumulate and remain over winter. If no crops are near, the animals subsist on wild herbage, roots, and seeds; but when cultivated crops are acces- sible their trails soon extend far into the tilled fields. Nests of prairie mice usually are less bulky than those of the com- mon meadow mouse, but are built in a similar way and in like situa- tions. The number of young at a birth is usually three or four, rarely five or six. In ordinary seasons the first litter is born in April, but in dry, warm springs the time may be fully a month earlier. The number of litters in a season varies with climatic and other condi- tions. On the whole, prairie mice multiply less rapidly than meadow mice, since the number of young at a birth is smaller, and the long summer droughts and extreme winters of the interior prairies of the West often limit reproduction. THE PINE MOUSE. 19 - Robert Kennicott’s excellent account of this species” states that in confinement the animals were practically omnivorous, rejecting but little vegetable food offered them. The amount of food consumed was astonishingly great. Three ate in twenty-four hours, besides other food, the germs from all the kernels of a large ear of corn. They ate raw fresh meat and drank much water. My own observations of the prairie mouse confirm published accounts. Near alfalfa fields in Kansas I found that the green leaves of this forage plant were the favorite food. This was made evident by the trails leading to the fields and by careful stomach examina- tions of individuals captured. In winter the prairie vole sometimes does enormous damage to fruit trees. In this respect it is, if possible, more destructive than the common meadow mouse; and as the fruit industry in the West grows in magnitude this species is likely to become still more trouble- some. In Kansas and Missouri, during the winter of 1903-4, many orchards and nurseries were severely injured by the prairie mouse, and during the two following winters the losses were greater rather than less. This species comes into contact with agriculture in the major por- tion of eight States lying in the humid section of the central. Missis- sippi Valley. These eight States produce annually more than half the corn, oats, and winter wheat, and more than a third of the hay of the entire United States. Two closely related species of prairie mice (J. haydeni and JM. minor) extend the range of this group on the plains to the west and northwest. Here they are abundant in sections where barley and spring wheat are important crops. The possibility of serious crop damages from prairie voles is, therefore, especially great. II. THE PINE MOUSE. Miecrotus pinetorwn scalopsoides (Aud. & Bach.). (Plate I, fig. 2.) This pine mouse, called also the mole-like vole, has a wider distri- bution than the typical southern pine mouse (J/. pinetoruwm), and therefore is chosen as the representative of the group. The following account of its habits applies equally well to all pine mice. This animal has the wide, flat skull, the short tail, the small ears, and the short, dense, glossy brown fur characteristic of all the pine mice. The colors, however, are less glossy and the size somewhat larger than in typical J/. pinetorum. The claws are well developed: foot pads 5; mamme 4 (2 pairs of inguinal). The average measure- ments of three New York specimens, as given by Bailey, are as fol- «The Quadrupeds of Illinois Injurious and Beneficial to the Farmer. Patent Office Report: Agriculture, 1856, pp. 97-102, 1857. 20 AN ECONOMIC STUDY OF FIELD MICE. lows: Total length, 125 mm. (about 5 inches) ; tail vertebrae, 20 mm. (0.78 inch) ; hind feet, 16.3 mm. (0.64 inch) .¢ Owing to their peculiar habits, pine mice are not so well known as are meadow mice. Their natural habitat is the forest, although they are by no means restricted to pine woods or forested areas. While often inhabiting pine woods and the edges of adjacent fields, they live also in forests and copses of deciduous trees, usually on uplands. The lfe of pine mice is largely spent in underground tunnels, which so closely resemble those of the mole that generally they are mistaken for the work of that animal. The ridges of loose soil over the tunnel are exactly like those thrown up by the mole, but the inner diameter of mouse tunnels is less.) When moles and pine mice live in the same vicinity, the mice often use the runways made by the moles. It is this habit that has helped to bring moles into dis- repute with farmers, who blame them for damages inflicted upon potatoes and other crops by pine mice. In marked contrast with the pine mouse, the mole (genus Scalopus) is almost exclusively carnivorous, eating mainly earthworms and insects. While it sometimes cuts off the roots of growing plants when they interfere with its tunneling operations, 1t apparently eats no roots. Stomach examinations of moles show that they eat a very small percentage of vegetable matter, and this mainly waste corn or other grain previously softened by long contact with wet soil. On the other hand, pine mice eat little insect food, if any, and are largely consumers of vegetable substances. Nearly always when moles are charged with destroying root crops, the real culprits are pine mice. Thin, open woodlands used for pasture, and thickets along the edges of forests are favorite resorts of pine mice. Like nearly all voles, they prefer moist soil, but it must also be loose and somewhat sandy. From their intricate tunnels under the leaf mold frequent burrows descend into the soil. Some of these burrows are utilized as nesting places. Nests are built also at the surface of the ground, under fallen logs, brush heaps, flat stones, fences, or other shelter. The number of young at a birth evidently averages less than 1s usual in the genus J/icrotus, as is shown by the small number of mamme. Observations as to the number of litters in a season seem to be lacking, but the rate of reproduction is probably less in the pine mice than in any other American group of field mice. Blasius says concerning Jf. subterraneus of Europe, that “it produces five or six times a year three to five young, which are blind for ten days after birth;”® and this statement is probably true, with sight modi- fication, for all the species of the group. To compensate for slower multiplication, their liability to attack by-natural enemies is much aN. A. Fauna No. 17, p. 64, 1900. b Naturgeschichte der Siugethiere Deutschlands, p. 390, 1857, HABITS OF PINE MICR. iat less, owing to their underground existence; so that within their range pine mice are about as abundant as other field mice. ~ Quick and Butler, writing of the food habits of the pine mouse in Indiana, state that it lives upon the tender roots of young hickories, the young sprouts of white clover, the fruit of the red haw, and the tuberous roots of the wild violet (Viola cucullata). The writers found all but the fruit buried, some in deposits of a gallon in a bur- row, and the caches sometimes extending 18 inches below the surface of the ground. Violet roots predominated in these stores. Kenni- cott also states that pine mice store acorns and nuts in burrows for winter use. Blasius and Brehm both state that the European species (M. subterraneus) prepares such stores. While personally I have never found such deposits, it is probable that our species have this habit to an extent greater than is generally known. From their homes in woods and thickets pine mice invade fields, orchards, nurseries, dooryards, and gardens, passing always through underground runways. Living in concealment, neither their presence nor the injury they inflict is suspected until the latter is past remedy. Bulbs, planted hopefully in autumn, appear not at all in spring, or only in the shape of sickly plants whose life substance has been enawed away. Nursery and orchard trees here and there put forth no leaves, and an examination of the roots discloses the nature of the damage. ° Potatoes, sweet potatoes, carrots, beets, and other vegetables are eaten by pine mice, both while growing and when stored in pits or lying in piles in the field or garden. Potatoes partly matured or left long in the ground after maturity are eaten, and the injury is attrib- uted to moles, because tunnels supposed to be the work of moles lead to the place of damage. I have investigated numerous cases of such injury and have invariably found either that the tunnels were made by pine mice, or, if mole tunnels, that they were frequented by mice. Traps set in the tunnels at the potato hills captured pine mice, and the starchy material found in the stomachs of those caught proved that they, and not moles, had been eating the potatoes. Pine mice occur in central and southern Europe, in the eastern United States, and in a limited part of eastern Mexico. Those in the United States occur chiefly in the Upper Austral zone. The typical species (J/. pinetorum), with bright russet-brown color and glossy mole-like fur, is found only in parts of Georgia, South Carolina, and southern North Carolina. In the last-named State it grades into the subspecies scalopsoides, which is much more widely distributed, rang- ing northward to southern New York (Hudson Valley and Long Island) and westward to Illinois. West of the Allegheny Mountains it occurs mainly north of the Ohio River, except in West Virginia. ¢ American Naturalist, vol. 19, p. 116, 1885. 29 AN ECONOMIC STUDY OF FIELD MICE. The bluegrass vole (J/. p. auricularis), a form with ears overtop- ping the fur, which is dark and glossy, occurs in southern Indiana and in Kentucky, Tennessee, Mississippi, and Alabama. It has been taken in northeast Texas also, so that its range probably extends through southern Arkansas and connects the two areas. The woodland vole (J/. p. nemoralis) is the largest form of the pine vole in America, and has longer and less glossy fur than the forms east of the Mississippi. Its color is deep chestnut, darker than typical pinetorum, but lighter than scalopsoides or auricularis. It occurs in wooded parts of southern Iowa, eastern Nebraska and KXansas, and in Missouri, northern Oklahoma, and Indian Territory. Pine mice differ greatly in habits from the other species of J/icro- tus. All the American representatives of the group have similar habits, and the injury they do to crops is little less in extent than that inflicted by meadow mice and prairie mice. DAMAGE BY FIELD MICE. While field mice of the various groups differ but little in the nature of their food, the circumstances under which they injure crops vary. Meadow mice invade cleanly cultivated fields only under the shelter of snow. Hence they do most damage in years of great suow- fall. Although prairie mice commit greater depredations under cover of snow than in open seasons, their attacks upon crops are far less dependent upon snowfall than those of meadow mice. Pine mice work in the shelter of their own burrows; hence their mjuries to plants are quite independent of the amount of snow. DAMAGE TO MEADOWS AND PASTURES. Complaints of damage to meadows and pastures by field mice have been increasing in recent years. Usually the injury is confined to small areas, which the animals attack from the shelter of snowdrifts or old grass. Under cover of these, the animals eat the succulent crowns of clover and other grasses; and when the snow lies for several weeks the crops over large areas are often completely ruined. Some- times whole fields of red clover are so badly damaged by mice that they have to be replowed in the spring and planted to other crops. Damage to permanent, or uncultivated, meadows is usually more serious, as the mice breed and multiply throughout the field and, under cover of the growing crop of leafy stubble, devour and destroy throughout the year. Occasionally, however, actual benefit may re- sult from their thinning the grasses and stirring the soil about the roots. Thus, after the vole plague in Scotland in 1892, the farmers reported that the pastures were better than before; but the improve- ment by no means compensated for the losses caused by the impaired pasturage of the two preceding years. DAMAGE TO CROPS. 98 When mice are abundant during the growing season, the quantity of grass they destroy is great, more being cut down and left upon the ground than is actually consumed. In winter hay in stacks is injured by field mice, and instances are known in which large stacks: were so badly damaged that im the spring little or no salable hay remained. ; DAMAGE TO GRAINS AND FORAGE, | Growing grains—wheat, oats, barley, rye, and buckwheat—are destroyed by field mice. Attacks begin with the sprouting grain, and, in the case of fall sown wheat and rye, continue during the entire winter. However, when only the blades of the plants are eaten this winter consumption has but little effect upon the amount of grain subsequently harvested. Much greater damage is done when the grain is nearly mature, as stalks are then cut down. After the grain ripens, devastation by mice continues until after harvest, when the animals attack the shocked grain and even the stacks. The total amount of injury by mice depends both on the number of the animals present and on the length of time the grain is ieft in shocks. In these artificial shelters mice are perfectly at home and multiply with great rapidity, so that within a few weeks a pair and their progeny may totally ruin an entire shock of wheat or oats. As nearly all farmers know, field mice destroy corn, Kafir corn, and cane, whether stored in shock or in pile. The annual destruction both of grain and of forage throughout. the country is enormous, although accurate statistics of losses are not available. Of course, not all the injury is done by short-tailed field mice. White-footed mice (Peromyscus), pocket mice (Perognathus), harvest mice (Reith- rodontomys), and ordinary house mice (.J/uws musculus) also are con- cerned in the damage. Throughout the country the brown rat (J/us norvegicus) and in the Southwest the cotton rat (Sigmodon) are serious field pests. The several kinds of field mice, however, partly because of their wide distribution, but mainly because of their great abundance, are the chief offenders in northern fields. Grain and forage in stacks are often injured by field mice. In view of the losses to which stacked and stored grain is subject, it is a question whether the farmer who hastens to market his crop is not, _ on the whole, a gainer over his neighbor who waits for more favor- able prices. DAMAGE TO GARDEN CROPS. Field mice do much injury in market and other gardens, attacking planted seeds in the open garden, hotbed, or cold frame. Pine mice are the chief offenders in inclosures, sometimes working their way even into greenhouses, where they attack bulbs and tender growing plants, as well as all kinds of seeds. 24 AN ECONOMIC STUDY OF FIELD MICE. Field mice injure early peas and other vegetables growing in open. grounds, and pine mice often destroy potatoes in the ground. In the fall vegetables piled on the ground or stored in pits are lable to attacks. Among these are potatoes, beets, turnips, carrots, parsnips, cabbage, sweet potatoes, and especially celery. Apples, pears, and other fruits are eaten also. | In parts of eastern Maryland pine mice have recently (1907) been quite destructive to melon and cantaloupe crops. The animals destroy the seed and eat the roots of the plants during the growing season. ‘The injury was greatest on sandy lands which had not been plowed before planting, but had been smoothed with a drag, leaving the mouse tunnels below undisturbed. In some fields seed had been planted three times, but by the middle of July all hope of a crop had been abandoned. DAMAGE TO SMALL FRUITS. Blackberries, raspberries, grapes, currants, gooseberries, and straw- berries are often badly damaged by field mice, and when the animals are abundant whole plantations are ruined. Strawberries are espe- cially hable to injury because of winter mulching and also because the plants themselves furnish excellent food and shelter for the animals. Fallen leaves in autumn and snow in winter drift and collect along rows of blackberry, raspberry, gooseberry, and currant bushes and furnish cover for mice, which work along the rows and girdle the green stems; and when dead canes are left uncut and weeds are per- mitted to grow up among them, the resulting tangle adds much to the hability of attack. Winter mulching of small fruits also in- creases the danger, and if practiced the utmost care should be taken to clean surrounding areas. DAMAGE TO NURSERY STOCK. In many sections of the United States and southern Canada nursery stock is injured by field mice. The actual loss varies from year to year and is difficult to estimate. Occasionally the havoc has been so complete that few marketable trees remained. It was estimated that during the winter of 1901-2, nurserymen in the vicinity of Rochester, N. Y., sustained losses amounting to $100,000.¢ Damage to standing nursery stock is done usually under cover of snow, and hence is greatest in seasons of deep snows that remain long upon the ground. In addition to girdling trees above the surface of the ground, meadow mice sometimes burrow beside the trunk and attack the roots (Pl. TIT. fig. 2). Pine mice usually begin their a New York Sun, April 27, 1902. PLATE III. Bul. 31, Biological Survey, U. S. Dept. of Agriculture. MICE. Fic. 2.—YOUNG APPLE TREE EATEN BY MEADOW MICE. Bul. 31, Biological Survey, U. S. Dept. of Agriculture. PLATE IV. “LOIY NOY AOI) MOGVAI SYSHM ‘YSLNIM NI GYVHONO ONNOA GSLOSIOAN VY PLATE V. Bul. 31, Biological Survey, U. S. Dept. of Agriculture. Fig. 1.—PEAR TREE INJURED BY MEADow MICE. Fic. 2.—APPLE TREE INJURED BY MEADOW MICE. =e a ee “ = .] | ; ; | 4 | P INJURY IN NURSERIES AND ORCHARDS. 25 f attacks below the surface and except under cover of snow rarely extend them above ground. They sometimes consume the entire roots of small apple trees so that only the trunk is left (Pl. III, fig. 1). Experienced nurserymen prevent serious injury to standing stock by clean cultivation. Stock that has been taken up in the fall and “ heeled in” or kept in storage pits 1s, however, liable to attack, especially if covered by straw, leaves, or other litter. Hence for protection from freezing a loose covering of soil is better than litter. | Winter seed beds of conifers, oaks, and nut-bearing trees are often attacked by field mice and need to be carefully protected from them | as well as from white-footed mice (Peromyscus). Small pine trees | in the nursery also are liable to injury, since their low branches | usually furnish cover for mice. | Among the nursery stock injured by field mice are apple, pear, quince, plum, peach, cherry, crabapple, sugar and Norway maple, chestnut, black locust, Osage orange, sassafras, alder, white ash, “4 mountain ash, various oaks, cottonwood, willow, pine, and wild cherry trees; also blackberry, raspberry, rose, currant, and barberry bushes, as well as grape vines. In the Arnold Arboretum, Jamaica Plain, Mass., during the winter of 1903-4, meadow mice destroyed thousands of trees and shrubs, including apple, maple, sumac, bar- berry, buckthorn, dwarf cherry, snowball, bush honeysuckle, juniper, blueberry, dogwood, beech, end larch. Plants in nursery beds and : acorns and cuttings in boxes especially were harmed. Bi eee INJURY TO ORCHARDS. | Trees transplanted from the nursery into the orchard are in more danger from field mice while the outer bark is green and tender, but a ha there are instances in which trees 5 and 6 inches in diameter have been | attacked and killed by them. Most farmers are inexperienced as ; orchardists, and plant fruit trees only for family use. Engrossed in 4 the production of other crops, they often neglect the orchard and per- mit annual grasses or weeds to grow up, which afford cover for mice. Often, too, clover or orchard grass is sown in the orchard as a cover- ing for the ground, and the heavy growth left for winter mulch is augmented by fallen leaves. Under such conditions it is not strange that mice injure the trees. It is remarkable, indeed, that so many orchards escape injury. That they do so may in part be attributed to the fact that they are often near dwellings, where hens scratch and cats prowl. | Attacks upon orchards by mice are not always accomplished under cover of snow, nor are they confined to winter. They frequently occur in summer, often in September. During the winter of 1905-6 4 Boston Transcript, April 16, 1904. 10700—No. 31—07——4 26 AN ECONOMIC STUDY OF FIELD MICE. a small orchard of apple and pear trees near Washington, D. C., was under observation from October to April. Attacks by meadow mice began in the early fall, possibly in August. They were continued during every succeeding month, being greatest during two short periods of snow. Independent of snowfall, they were greatest in mild and least in cold weather. A few trees had no weeds or grass near the trunks, and these escaped injury. The neglected condition of this orchard appears from a photograph (Pl. IV) taken J anuary 24, 1906. Adjoining the orchard was a tangled thicket on low, moist ground, in which meadow mice were abundant. On March 16, 1906, I found that of 380 apple trees, 164, or over 43 percent, were ruined, being completely girdled, some to a height of 8 to 10 inches above the ground. Thirty-six others, nearly 10 per- cent, were less badly injured, while 180, or 47 percent, apparently, were uninjured.¢ Of 200 pear trees in the orchard 50 were more or less seriously damaged. The injury to these was inflicted early in the fall. The nature of the damage to individual trees in the orchard is well shown in Plate Y. INJURY TO FOREST TREES. As an example of the danger from field mice to which planta- tions of forest trees are exposed, the following is cited: In 1818 and 1814 young plantations of trees in Dean and New forests, Eng- land, were greatly damaged by mice, probably J/. agrestis. The damage was to planted acorns, two-thirds of which were destroyed, and to holly, oak, and chestnut trees, some of which were 5 years old. Not only were the trees girdled above the surface of the ground, but often the roots also were gnawed through. The land was covered with long grass, ferns, etc., which furnished abundant shelter for voles. During the winter of 1813-14 more than 30,000 mice by actual count were destroyed in Dean Forest and 11,500 in New Forest. It was calculated that the total killed by all the agencies employed was probably double these numbers. The total number of voles killed in both forests during the outbreak was esti- mated at 200,000.° In the past, American forestry has concerned itself chiefly with efforts at conservation, but forest extension has progressed far a@On June 22, 1907, the number of apple trees alive in this orchard was 226. The dead trees numbered 154, many of which had succumbed to their injuries during the spring of 1907. The trees were thoroughly sprayed with lime-and- sulphur wash in November, 1906, and although many meadow mice and some rabbits were present, none of the trees were attacked during the succeeding winter. + Lord Glenbervie’s Account, Zool. Journ., vol. I, pp. 483-444, January, 1825, ¢ Bell’s History of British Quadrupeds, p. 325, 1874. DAMAGES BY FIELD MICE. YF enough to enable us to judge of the extent of injury that field mice are likely to inflict upon new plantations. The experience in the Arnold Arboretum, already referred to, is probably an example of what may be expected. Dr. C. A. Schenck, forester of the Vanderbilt estate, Biltmore, N. C., in a recent communication to the Biological Survey, states that plantations of locust and black cherry suffer badly from the girdling of mice, “ especially the locust, which are killed outright, usually the best specimens.” And he adds, “ Plantations of acorns, chestnuts, and hickory nuts are rendered impossible because of ravages of mice.” In our native forests the injury to young trees by mice has usually been unnoticed or disregarded; but hereafter, as more attention is given to forest extension, a corresponding increase in interest in mice as enemies of forest trees may be expected. DAMAGE TO PARKS AND LAWNS. Field mice destroy bulbs, perennial herbaceous plants, woody shrubs, and ornamental vines. To name all the kinds subject to attack 1s unnecessary, as but few are immune. The animals invade botanic gardens and public parks as well as private grounds. In the public parks of Hartford, Conn., during the winters of 1904 and 1905 much damage was done, especially to common laurel (Aalmia latifolia) and various thorns (Cratewgus). Rosebushes and the crowns of hollyhocks are often attacked. Pine mice usually are responsible for the injury to bulbs—tulips, hyacinths, crocuses, ete. Often the straw or other litter used to protect tender plants furnishes shelter for the animals. Hedges, while often subject to injury from voles, also afford protection under which the animals gain access to ornamental plantations. During the winter of 1904-5 pine mice invaded dooryards near Lanham, Md., and destroyed many plants. In one case 50 choice hyacinths and tulip bulbs in a bed were badly eaten, so that only 4 or 5 sickly plants came up in spring. In an adjoining dooryard, in the spring of 1907, the animals girdled a considerable number of young white pines (Pinus strobus) and ate the roots. STUDIES IN AN ORCHARD. In December, 1903, I examined a large orchard in Marion County, Kans., where field mice were causing much damage. As the case of this orchard is in many respects typical, details of its treatment will be given. The orchard comprised 480 acres and contained about 26,000 trees, mostly apple, eight to ten years transplanted. The trees averaged about 4 inches in diameter, but many measured 5 or 6 it i ci tee 28 AN ECONOMIC STUDY OF FIELD MICE. inches. The majority were headed low, their outer drooping branches touching the ground (PI. VI, fig. 1). In the spring of 1903 corn had been planted by listing it in the open spaces between the rows of trees; but owing to an unusually wet summer, the crop had been abandoned, and sunflowers and other weeds and grasses had made a luxuriant growth throughout the orchard. Over much of the area, apparently, no attempt had been made to cut down the weeds; and where they had been mowed they had been raked into piles and not burned or removed. In this neglected orchard field mice—the prairie vole—had found a congenial home. Already abundant in 1902, they bred plentifully in the open fall of that vear and in the early warm spring of 1903. The ensuing moist summer also was favorable for continued repro- duction, and by the fall of 1903 they were present in hordes. All the orchards of the neighborhood—a comparatively level upland prai- rie—had been neglected and all were invaded by mice; but the one above mentioned was the largest and most neglected, and therefore it suffered most severely. By December 18, the date of my first visit, mice had wholly or partially girdled at the surface of the ground fully 5,000 apple trees and had denuded of bark many of the low branches. The owners of the orchard, thinking that none of the trees could survive the injuries, then estimated their loss at from $25,000 to $30,000. | Examination showed that the ground everywhere was honeycombed by mouse burrows and tunnels to a depth of 3 or 4 inches, and that the surface was almost covered by a network of runways of the prairie vole. Upon digging into the burrows at the base of apple trees I found many twigs, + to 6 inches long, that had been entirely stripped of bark and left lying in little piles. I had no difficulty in finding where the twigs had been severed from low-growing branches and the tips of sprouts, and in distinguishing, by the smaller tooth marks, the cutting done by mice from that done by rabbits. Whether the twigs had been first stored and afterwards fed upon in cold weather I was unable to determine, for I found none with bark remaining upon them. Probably they were carried to the burrows merely for leisurely but immediate consumption. Contrary to the usual habits of voles in our Northern States, this injury had been done during mild weather. Up to December 18 the season had been warm ang open. No snow lay on the ground for more than twenty-four hours. Ordinary food, such as grass, seeds, and grain, was abundant, so that the only explanation for the injury to trees seems to be the vast numbers of voles present and their pref- erence for a partial diet of bark. Voles, however, were not the only animals abundant in the orchard. Rabbits, both cottontails and jacks, were there in great numbers, and PLATE VI. Bul. 31, Biological Survey, U. S. Dept. of Agriculture. IN A KANSAS ORCHARD. HEADED APPLE TREE —Low- Fia@. 1 Fig. 2.—APPLE TREE RECOVERED AFTER INJURY BY MICE. Bul. 31, Biological Survey, U.S Dept. of Agriculture. PLATE VII. Fig. 2.—APPLE TREE KILLED BY RABBITS. PLATE VIII. Bul. 31, Biological Survey, Dept. of Agriculture. APPLE TREES 5 INCHES IN DIAMETER, GIRDLED BY PrRaiRIE MICE (MICROTUS OCHROGASTER). [Trees saved by heaping up soil about the trunks to cover the injury. ] Ce ss=t####g#és._....._ xxix STUDIES IN A KANSAS ORCHARD. 29 already had begun to eat the bark on the trunks of some of the trees and on the low limbs, and to cut the tips of branches and sprouts within their reach. Later, when cold weather set in and snow cov- ered the ground, they also seriously damaged the trees. White-footed mice (Peromyscus michiganensis) were especially numerous, but stomach examinations of individuals captured revealed no evidence that they had eaten bark of trees. Skunks, short-eared owls, and marsh hawks were common, no doubt attracted to the vicinity by the abundance of mice. From the large number of partly devoured dead mice found in the burrows during poisoning opera- tions, I had reason to think that shrews (Blarina brevicauda) also were abundant. Of course living voles helped to devour the dead. Previous to my visit a force of men and boys had been employed in painting the trunks of the trees with a wash composed of soap, crude earbolic acid, and water. The efficacy of this wash as a preventive of attacks of mice or rabbits did not extend beyond a period of forty-eight hours. On the evening of my ih I placed wheat poisoned with strych- nine at the base of about 50 apple trees. On the next morning a large number of dead voles and white-footed mice were found. So favorably were the owners of the orchard impressed by the result that a force of men was employed to distribute poisoned grain throughout the orchard. | The poisoning operations in this orchard occupied several weeks, and by January, 1904, the mice apparently had been exterminated. Rabbits, however, continued to give trouble, and the campaign -against them was continued for some time longer, with final success. As a treatment for the trees injured by mice, I recommended the immediate covering of the wounds by mounds of soil heaped up around the trunks. The plan was adopted with highly satisfactory results. New bark grew wherever the cambium layer was not eaten completely through, and a great majority of the trees recovered. (Pl. VI, fig. 2.) Had their trunks been left exposed to the sun and winds of spring and summer most of them would have died. The number of trees actually killed by mice was not very great, although the growth of many was seriously checked. Although at first the damages from mice seemed far more exten- sive than those from rabbits, the ultimate losses from them prob- ably were less. The wounds from rabbits were too high up to be successfully covered with soil, and no remedy other than wrapping with paper was tried. The difference i in the character of the injuries by these animals is well illustrated by Plate VII, which shows two dead trees—one killed by mice and the other by rabbits. Plate VIII and Plate VI, figure 2, illustrate injured trees in the same orchard which have fully recovered. 30 : AN ECONOMIC STUDY OF FIELD MICE. The following winter, 1904-5, mice and rabbits were again abun- dant in the orchard, having come in from adjacent territory. The experiences of the preceding winter were repeated, except that cover for mice was less dense and the campaign against them began much earlier in the season. During the two winters named, many other orchards throughout eastern Kansas were seriously injured by field mice. As a rule no preventive measures were used, and the total losses were enormous. THE RELATION OF FIELD MICE TO THE FARMER. In 1886 the Biological Survey sent out a circular letter of inquiry about damages to crops by mammals.¢ A great many replies from widely scattered places were received. The rephes relating to field mice show that these animals everywhere are regarded as a pest. The following extracts from letters on file in the office of the Bureau of Biological Survey are here presented to show not only how great is the amount of injury from field mice in certain localities, but to give an idea of the wide area over which losses are sustained. REPORTS FROM FARMERS AND OTHERS. Field mice are very injurious to clover fields. The injury is done by eating the roots when the ground is covered with snow. The loss is serious. They are injurious to fruit trees and yellow locust and Osage orange. They girdle them beneath the surface of the ground during deep snows. They destroy apple and pear trees, but rarely hurt peach and cherry. —Gap, Lancaster County, Pa., Nov., 1886. Field mice injure pastures and meadows by burrowing under grass rocts and destroying them. There were more last summer than for years, I think, owing to the destruction of their natural enemies. —Eastbrook, Lawrence County, Pa., Feb., 1887. Meadow mice are very destructive to grain, grapes, and trees. This fall (November, 1886) three or four years ago, the fields were swarming with them. I went out with my little boy and we killed 56 in an orchard in less than two hours. In going half a mile from the station the dog picked up 15. They ruined several hundred fine apple trees for me, some of them several inches in diameter. Many thousand trees were ruined in this country. They prefer apple to plum or peach bark. ' —Huron, Mich., Nov., 1886. This has been a periodical year for their invasions and the damage has been great in many fields and meadows, particularly potato fields, which have been badly damaged where the surface was grassy. They injure to a slight extent cabbage buried in the ground. Clover fields and wheat have also been damaged. They do great injury to cornfields, eating the grain and even climbing up the stalk to the ears. All kinds of vegetables are eaten. Pastures are devastated for rods where the grass is high enough to hide the mice. Other invasions occurred in 1883 and 1888. Fruit trees are not injured except in cases where there is straw or other litter: then the trees are girdled by gnawing. —Camp Point, Adams County, Ill., Nov., 1889. a Circular No. 3, On the Economic Relations of Mammals, 1886. REPORTS FROM FARMERS. ok Meadow mice attack almost every tree and shrub. They girdle about every- thing, even rosebushes, blackberry, and raspberry bushes. I saw a willow hedge yesterday (April 8, 1889), 2 years old, with nearly every stalk girdled to 6 or 8 inches above the ground. They injure pastures and meadows and destroy root crops placed in heaps. —Rochester, Mich., Apr., 1889. Meadow mice destroy many trees and vines. The natural enemies of these mice are as much of a nuisance as the mice themselves. ; —Frankfort, Mich., 1888. Orchards here have suffered this winter from the depredations of the meadow mouse. I presume thousands of trees have been badly gnawed in this town alone. Still the war of extermination goes on against hawks and owls. —Hammondville, N. Y., Apr., 1887. They eat potatoes in the ground and corn in the shock. Do considerable damage to potatoes, sweet potatoes, and peanuts. —Hubank, Ky., 1887. Field mice destroy wheat by cutting off the stalks. Sometimes the loss is serious. They are also injurious to pastures and meadows. —French Creek, W. Va., July, 1888. Meadow mice sometimes injure meadows. They often do serious damage to trees and shrubs. Some seasons acres of young forest trees are barked. Maple and apple suffer the oftenest. —-La Crescent, Minn., Nov., 1886. Meadow moles (voles) are present in greater numbers than ever observed before. These voles have totally ruined a great many clover meadows, straw- berry patches, and pastures that were not eaten close. They have girdled hedges until they can not live, and I noticed one place where a white ash tree, 4 inches in diameter, was stripped of bark for 6 inches above the ground. They have dug into pits containing turnips and beets and devoured them completely. They promise to be with us next season in untold millions. Their presence is the more noticeable as eighteen months ago I tried to get a single specimen to send to the Department of Agriculture for identification and could not. —Cardington, Ohio, Feb., 1890. Field mice injure pastures and meadows by eating off the roots during winter. We are now suffering, and have been for two years, from invasions of field nice. We suffer a material loss by having the bark gnawed from most kinds of fruit trees by them during the winter. —Gansevoort, N. Y., Feb., 1888. Our country place in Maine is being overrun with mice, which nest in the ground and destroy all the plants by eating the roots or tops of the plants as soon as they appear. -—Letter from Baltimore, Md., May 16, 1904. The summer and winter of 1883 this county was overrun with meadow mice. They destroyed thousands of apple trees, besides lots of young forest trees. Besides girdling trees, voles do meadow lands a good deal of injury by eating off the crowns of the clover plants. Three hundred dollars would not repair the damage done to an orchard near the station. In 1863 trees 6 inches in diameter were stripped of bark clear up to the limbs 4 or 5 feet from the roots. —Huron County, Mich., Oct., 1886. The meadow mouse is very prolific. Its presence varies at periods from a few to countless numbers. Long droughts and inclement winters as well as natural enemies probably affect their numbers. —Kansasville, Wis., Sept., 1888. They damage hay by cutting the grass into lengths the size of toothpicks. —Tower, Minn., June, 1895. 32 AN ECONOMIC STUDY OF FIELD MICE. Mice eat celery put up in the garden. They also eat roots of grass if there is a heavy snow on the ground during the winter. —Lewisburg. Union County, Pa., Dec., 1886. Mice often cause serious trouble in the winter season by girdling fruit trees, especially apple and peach trees. They commit depredations on buckwheat fields. —Milan, Bradford County, Pa., 1888. Our fields are subject to invasions of meadow mice during the winter when mulch is on them. A thousand of the mice wintered 1885-86 on a 2-acre straw- berry patch. They eat the bark of trees when straw is placed about them or snow is on the ground. —Mexico, N. Y., 1886. Meadow mice injure dams, banks, drains, and embankments. . —Gilbertville, N. Y., 1887. Meadow mice injure vegetables; they are especially fond of beets. They injure meadows quite seriously when numerous by feeding on grass roots. They were extremely numerous in 1885, and ate potatoes in the hills. ; —Little Valley, N. Y., 1887. In some cases I have found a shock of corn w’' 4 half the corn consumed by meadow mice. —Caldwell, N. J., Nov. 1, 1886. The fields are full of mice. They are about the ears of standing corn, while that on the ground is mostly eaten. This is surely an invasion of mice. I can account for it only because last winter was so mild that all of them survived. —F airfield, Iowa, Noy., 1889. Meadow mice are very destructive to the harvest fields, particularly in the shocks. They bite the ears of wheat and cut the twine bands off the sheaves. They gnaw young fruit trees in winter, if manure or straw is left close around the stem, and they kill the trees. —Willows, Griggs County, Dak., Dec., 188€. Field voles eat wheat, rye, and other cereals, both green and when matured, and carry green grain as well as matured kernels into their burrows. They sometimes carry a half bushel of grain into a single hole. They damage fodder by cutting it. —North Topeka, Kans., May, 1890. In -the summer of 1884 we had an invasien of meadow mice [probably W. townsendi|, and they did much damage. They destroyed seeds in the garden and ate growing wheat and oats in the spring, sometimes nearly destroying entire fields. They played havoc with the early peas and destroyed carrots and parsnips in the fall. The summer was unusually wet. The next summer was dry, and the mice disappeared. ‘This is the only-mouse year we have ever had here. During the year nearly all the cats died, apparently from eating the mice. They caught and ate them freely and were ali affected alike. Some vomited more freely than others; they got puny. refused to eat, and died. Since the “ mouse year” cats are themselves again. —Aumsville, Oreg., Dec., 1886. ‘ The bob-tailed mouse is a pest here, eating all kinds of bulbs, lilies, tulips, potatoes. ete. —Centerville, Mo., 1887. Meadow mice ruined nearly the entire crop of clover in the winter of 1884—85. —Wakeman, Ohio, 1886. We are troubled with meadow voles. When we have much snow in winter they are very plentiful the next summer. Winter thaws, which leave the fields bare of snow, destroy them. They destroy fruit trees by gnawing the bark REPORTS FROM NURSERYMEN. 338 under the snow. I think they will eat the bark from any kind of young trees. The damage is serious. —Montpelier, Vt., Nov., 1886. Voles sometimes gnaw young apple and pear trees, mostly in winter; in sum- mer also where red clover grows about the trees. The loss is serious. —Salem, Ohio, 1886. Meadow mice are injurious to meadows and pastures by cutting the sod in winter. We had an invasion of them in the winter of 1864, when they killed grape vines, raspberries, and crab-apple trees 5 inches in diameter. —Stoughton, Wis., 1887. Field mice are destructive to grain crops. Their depredations are mostly confined to the consumption of grain, but the injury by them depends upon the nut crop; if this is plentiful they do not disturb grain, or corn chiefly, but if there is a searcity of nuts, they make incursions on the fields of corn, doing considerable damage. —Columbia, Conn., Sept., 1887. The majority of the preceding reports refer to the common meadow mouse (I/. pennsylvanicus) «and its subspecies, but some of them from the Middle West undoubiedly include references to the prairie vole (WM. ochrogaster), which is more numerous there. Most of the destruc- tion to potatoes and stored vegetables may be attributed to pine mice. REPORTS FROM NURSERYMEN AND ORCHARDISTS. Karly in March, 1906, a circular letter of inquiry asking for infor- mation in regard to damages by field mice was sent to more than a thousand representative nurserymen and fruit growers in the United States and southern Canada. Up to April 10, 1906, rephes returned number 520, of which a summary is presented in tabular form. Damages by field mice, as reported by nurserymen and fruit growers. S yo Oe ies iS ee Se oe conic Bycibt | |e. ee eae Sle ae ole ol eve enact ee a ntl es i og Sue te Sg Sars al PRS abo = mm = i) NSS State or province ae ne | 2 | os] B oe we | o | 53 =f 04 DO Saks a ptoe | coon | “toes, oes ie 2s Qo Ba” Breas lest o L0H Be 3° $.|8 3, |8 SB tee pee E 3 3 a cs = S s 3 = S Z Z a-ha Fe A a ate Dtale | if ptt rs soe 6 eo a ecs Win. - 8 | 4 2 Die ae 2 ED) yea ae $125 Mew Hampshire .. 2.2.5... ..... 11 | 7 5 Die og oe ae ree el emeee: Rane 100 \Y GAT ONO SD cats ee a ea 6 | 2 i) dt (ey Sees | eee De ws ws Searrel Peal Sec Oe ate Massachusetis.........--:-..-.--. 40 2. ditbalbe "I apees 2 No 10 6 7 865 Fehodenislamd: 2.2 goss. .cse-cncees Gee 7 eee lee oes 1 Solpesaes il 32 ceca. (Passer COMMUTES NG | i 22 | 11 7 Ai) eee 3 6 2 | 4 460 INO WADMO IS Keer omc Sm ac oo one Soak 85 34 24 9 il 20 7 | Cal kG 8, 275 ING AUICISO Visas anes soko eeecs aes 23. | 1 | 6 Gila He 3 8 | 1 4 750 EMMIGMEV ANTS. 0.0 0-5.2522 2-2-0 37 | 27 22 Diets 13 1 ae 15 3, 100 ID GIES, Gaeta eee pSee ie eee 10 | S| aeeee: Bil leased aeanoe 2 | iF 1. 5 es ah ere NUN ONG | Sa ee ee Bene eee a ee 20 12 6 Gileescee 3 4 ) 2 35 \URSTICIG Se eee a ee ae ee 12 | 3 1 | [a Seal eel core Bie Bo eee peers see aate. VW SST Ye a1 ONE: gee ae 9 6 | Pa de eee il 2 3 if 350 Nomi @arolinay: <2 25. 4.e60 h.'5c 02 16 10 6 | 7S eee 4 2 | 1 3, 000 SOMPANOATONMAS 225.0202 .-ecyeecace 3 Is ee eel keene S 1 eee ies | eee Weck o2'5l see QTR ETE; eR SE ee Sas oe See tw ae bre ele 16 ag See 2 © ce. 1 7h beeesnsntes Pate be Riese AU ine tA hie ie ois 6 5| a3 234 Serie eee | S2 ents Ob ees eee BMPR Scns 2c coe te mes = 22 | ! ae 5 ce eee 1 8: | seekiaia stor eee RSS SoU Dipees 22 ees ace eee 9 | Bjul eemeers | 1 alee ses eee BElpaneralspocos: PROTINIOSSEC Soe am seein tas see oe 18 a 2 Oy Bases leet as? 2 5 | 1 25 RB CMINMONY ypc envidustves+ 0 smecean2 30 18 3 See See ! 2 8 Sh Peta 75 aProbably not Microtus. 34 AN ECONOMIC STUDY OF FIELD MICK. Damages by field miee, as reported by nurserymen and fruit growers—Cont’d. | Skee dee peeaies S4| & 5 | 8 | Se fee Se.) 8g | 2 |S [3 12a log) 2 4 ct oer rey Sees los ara State or province. ¥ Zz | o5 tres SE li eo me Col eesS | >= | i g oH | go 2 Gag! Se | stp: loses | ee | 2°] OF eae | eg a | | a ics 122 g n z gq? | a@ a |e ee | gla ie |e eee Z Z Srey | eran A |ze| ae ON OWN: Mastesoass ae gee seers 51 24 18 ALT AY Ra et 6 12 6 5 $700 JEONG WG Sa ees oe Be Sea 40 20 7 13) aS SE 5 9 | 6 |) 255-2) Seeeeee NIA OTS ES Ses okt Piece eee ets 56 29 19 8 2 14 8 ! (ieee 2162 4,800 Mi@iniGamee =e) ase ree 43 | 19 13 Gul tee: 7 | 8 | 4 5 1, 400 WrisCOonsinl =. -sehess. cons once 28 13 9 AN aeeers ae 6 | 4 | 3 6! 6,825 HNAMESOUA SoS eee ee 27 | 22 17 om eee 13 | 8] ails 4, 685 TOE eS eee een ae Ue es a 49 | 26 22 aa ee 16 | 7 3 4 2, 500 IVISSS OU yal aotearoa 38 25 16 | OF ae Boe 13 4 8 | 7 4, 150 EATS AIG AS forsee aaa ee eee ee | 16 7 | 2 3 | elena tes 2 5 let. eee WGOUISTAMA a2 eo joee oe eee see 5 =p soe = | 10 Gale ee aQ | Als ea oe fees ale) 5 | OM ses = 5 a AD ESSS CFIC) Sees eee SO Me ae oe 18 10 a3 6 | Ral eee 2 | 8° lsc sae eae Okiahotial cen: “Soe Aaa a we | 14 | oN eneke Gil eae So Se Gli Sae | eh Ifaxshenay Aveo Ss | Sek ossceseaee 5 | Sut eees Silecs Falnst-e eee | 3 Ace eee RG ANISAG nee Sec ee ee Ree See | 46 27 i2 1 ee oe 8 SF ato) 9 97, 400 INGbraskat.s: 42.5 sere eee | 32) | 20 7 13 yee & 6 7 | fie 3 390 South Dakotas a ee ee eee | 16 rh | 2 D) | aeaees 2 3 2. es 52h ee INOTineDalkotaece == #2250 er eee 6 5 | 2 mal 1) 2 1 2 1 | 100 ILO TGA ay es eeepc iil) 3 | So \seee- oases | 2 a es 1 500 Nin OMM Ia, * 5 eee ae ey | | 1 1 1 Were os (eee toes, Le 11. ee CoOlOTARd ON. 5 Saset ce cece Sees eee 10 3 1 1 J) eel es 3.005. eee New Miexd COAS- 25-7. See seee sees 4 ali Eo BN ae Thal Sete pS eee ee L622 eee ATIZOMA Aen eae cee ae eee ere if Tig Ses aie ee aI rereectin Sete Let | eee (Ujtathis sts SSeS: ee es Se ae 5 3 2 1 perso 1 2 ae ' ae hee eee INGVECEN Ss Sear cet ocean eae ee 0 Onlaceaeee x eee Pee ee oee | es llScoss|scees =: - CaliiOrnialeees cae eee eee 18 10 2 | 3 5 1 1 8.5 S22 eee Orevonke Ao Sa cee eee 12 7 4 2 | 1 1 1 Te eee oc laca Se 5 IGE RUG eae ee oe eee eee ea 8 4 3 | iD Pe il 2 if it 50 Washing toner: asst seseeeee tec a 9 Ae eat AD cytes il Byes be. 2 75 ONLATIO fae kagee Sessa ssss ee oe ee 17 4 Nay een ee cece Al eae ie |e cee | 3 6, 500 OuecbDeCra ear eee 2 i SH Haas Ob ae Palas | eee 3b ne eee TRO tal: eee eae ees ee 1,003 |. 520] 266! 218| 36] 172] 175 | 173] 129 | 107,195 | | a Probably not Microtus. Some comments on the above table are necessary. In reporting the abundance of mice nearly all the replies refer to present condi- tions. In many places where the animals are not now common they have been numerous in past years. In reporting damages many corre- spondents gave only personal experience, but did not answer the question as to damages in the neighborhood. Few of the persons who had sustained serious damages were able to estimate the amount of the losses, while many whose losses were shght made such estimates. It will be noticed that in the South the injury from field mice is not serious, and that in the far West mice are troublesome in fewer localities than in the northern part of the country east of the Missis- sipp1 River. Extracts from replies to the circular are here presented: Field mice are abundant here. They have done me a great deal of damage during the past year, principally on overgrown stock that I have not cultivated, allowing grass to grow around the trees. They were also very destructive to a lot of young date palms (Phenix canariensis) grown close together in a bed. —West Berkeley. Cal. Field mice are abundant here. We lost about 200 fruit trees from their attacks in 1908. Other orchards and nurseries in this section have been badly injured. —Carlton, Mont. eee eee eee REPORTS FROM NURSERYMEN. 35 Field mice are abundant in this vicinity, and in the winter of 1904-5 did much damage to orchards. In neighboring orchards, where girdling is claimed to be done by rabbits, I find that in five-sixths of the cases the injury is done by mice. —Cokato, Minn. actual loss, about $4,000. We lost 2,000 trees in our orchards, not all killed —Topeka, Kans. Mice are abundant here this winter, and have girdled 5,000 trees in the nursery. —Moundsville, W. Va. Field mice are abundant in North Carolina. On account of the general lack of snow in the vicinity of Raleigh they have not done serious damage to trees, but are very troublesome in gardens. The general observer charges moles with all the damage, but I have found that the mice, following in the mole runs, are the most serious enemies. Following under the sweet-potato ridges they gnaw the potatoes and do a great deal of damage. By using carbon bisulphid in the mole runs I destroyed more mice than moles, and became satisfied that the vege- table eating was mainly, if not entirely, done by the mice [pine mice]. —Raleigh, N. C. In the winter of 1904-5 my loss in the peach orchard from mice was fully 10 per cent of the 1l-year-old trees and 5 per cent of the 2-year-old. One 2- year-old peach orchard having turnips only on the ground was badly injured where snow was drifted. Another orchard in rather grassy corn stubble was injured in the same way. Peach seedlings in the nursery were also badly injured. —Aspers, Adams County, Pa. Young trees and nursery stock were damaged by mice in 1904—5 when the snow was deep. It is difficult to protect nursery stock. The common skunk destroys field mice, and protecting the skunk is the best preventive of injury of which I know. —Collinsville, Hartford County, Conn. Mice become worse every year, and itS seems impossible to prevent damage now. This year, while there has been but little snow, they have damaged mahy trees. I have had 150 trees killed by mice in my orchard of 120 acres. They eat the bark from 8 inches below the surface of the ground to 12 or 15 inches above the ground. —Council Grove, Morris County, Kans. A lot of the trees heeled in the ground over winter and covered heavily with leaves were damaged by mice. —Versailles, Ky. During the winter of 1903-4 we had about 50 trees girdled in the orchard. Field mice seem to come as a scourge periodically. I can remember of from four to five seasons out of the past twenty-five when the pest was very, very numerous here. It seems almost incredible how all of a sudden they come and then seemingly mysteriously disappear. The country seems now to be almost free of them. —Center Point, Iowa. Considerable damage has been done in the nursery, particularly to seeds of trees and shrubs, and also in girdling young trees under heavy snow. The mice [pine mice] work under mulching on trees and, in mole runs, on seeds and roots of some plants. —Saginaw, N. C. No injury was noticed this open winter, but last year they girdled many young apple trees, both in the nursery rows and when heeled in. Some few years ago this whole section suffered untold mischief by an unusual incursion of short-tailed field mice. They seemed to be everywhere, especially on roadsides and under hedges. While the snow lay deep they ate the bark from the roots of apple, locust, and some other trees, including the Osage orange. 36 AN ECONOMIC STUDY OF FIELD MICE. This eating was always below the snow line or under cover of litter of any sort that hid the animals from the eyes of hawks and owls. These and foxes are their natural enemies. The greatest absolute loss that season was in the destruction of red clover (Trifolium pratense). Many fields that went into winter with a beautiful aftermath of clover and other grasses came out in the spring bare of any profitable cover and had to be replowed, the clover roots having all been eaten out. The favorite dainty with the mice is celery, when it is trenched in and coy- ered with fodder. —Colera, Cecil County, Md. Field mice are abundant here. While I have personally had no losses of trees from them, very many orchards and nurseries in this vicinity have been nearly ruined, especially where they were neglected and grass and weeds were per- mitted to grow. I prevent loss by thorough cultivation and by mounding up soil at the base of the trees late in the fall. —-Boone, Boone County, Iowa. I had perhaps 10,000 trees destroyed by mice and rabbits during the past five years, mostly by mice, in 1904 and 1905. Loss, $2,000. —Twin Bluffs, Wis. Mice are abundant here. We have suffered no damage, but some young or- chards have been completely ruined. They were left with quite a mulching of grass and cover. This made a harbor for the mice, and they girdled nearly all of the trees. —Oakland, Kans. We lost $2,000 worth of nursery stock in 1904 and 1905. —Rochester, N. Y. We have a few thousand nursery trees destroyed by them each season. —Charles City, Iowa. Field mice abundant. My nurseries have been damaged to a great extent, especially last year during heavy snow. —HKHllisville, Mo. During the winter of 1908-4 mice were very abundant throughout the valley and, indeed, in most of the State. The damage to nurseries and orchards was about 25 per cent. Shade trees, as well as apple, were injured.* The following summer the mice were exceedingly abundant in clover fields. Early in the spring they greatly disfigured lawns in the city and in the cemetery by burrowing on the surface of the ground under the snow. [The species in the valley is I/. pennsylvanicus modestus. | —Bozeman, Mont. Ten years ago we scarcely noticed any damage from mice. Some six years ago they began doing more or less damage and became very troublesome in the winter of 1903-4. They mowed off our two and three year old evergreens by the thousands, so that we had to*rake over the beds before counting out trees to ship. We had piles of small trees the size of haycocks. I can not tell the money value, but think it much higher than I put it ($2,000). I laid the trouble in this section to hunters. Hawks, owls, minks, skunks, etc., used to be very plenty, but they have nearly all been killed. Their prin- cipal food is mice. A short-eared owl wintered near our sheds in an evergreen, and you could hardly believe the piles of mice skins under that tree in spring. Two years ago a pair of weasels took up their abode in our tree cellar, breeding there last year. They kept most of the mice killed off. In the summer we saw the old one quite often carrying mice to its young from outside the shed. * * * This winter has been very mild, with no snow. Mice haye been plenty in meadows, but grass kept green and tender, and they did our nurseries little damage. —Waukegan, Till. REPRESSION OF FIELD MICE. 37 ECONOMIC STATUS OF FIELD MICE. The foregoing testimony as to the ravages of field mice sufficiently attests their noxious character. The extent to which they are bene- ficial to the farmer may be stated in few words. The upturning of the soil by gophers, ground squirrels, moles, earthworms, and various insects is an important part of its preparation for man’s use, and field mice contribute to the work. In addition, mice diminish the number of weeds by eating the seeds and, possibly, occasionally devouring the roots. The character of the vegetable matter eaten by field mice depends entirely upon the environment. If the animals live in swamps where rushes, sedges, and grasses useless to agriculture abound, their diet is confined to these, and the naturalist who investigates their food only in such surroundings may fall into the error of concluding that they are not injurious. But field mice at all times show a decided preference for cultivated plants and grains, if accessible, and in winter seek diligently for succulent roots and the green bark of trees. REPRESSION OF FIELD MICE—NATURAL AGENCIES. In view of their wide distribution and the nature of their habitats, the complete extermination of field mice is impossible. It is, how- ever, entirely practicable to so reduce their numbers that crops shall be safe from serious attack. Before describing the methods which the farmer may use to destroy the animals, it is important to con- sider the natural agencies which aid in their repression. CLIMATIC INFLUENCES. Climatic conditions so strongly influence the natural increase of field mice that an understanding of their relation to such increase is important. It has been often noticed that the periods of greatest abundance of voles follow one or more open, warm winters succeeded by wet summers. If at. the same time food—particularly grain—is abundant, the most favorable conditions for the increase of the ani- mals are present, and the maximum number of young at a birth, as well as the maximum number of litters, are brought forth. When grain is abundant the young of some species are said to begin to reproduce when only 2 months old. The continuance of favorable conditions for two or more years is sure to be followed by an enormous increase of field mice, with seri- ous injury to crops. : Very cold winters without snow and summers of long droughts are unfavorable to the increase of field mice. Occasionally a severe frost following a heavy downpour of rain destroys nearly all field mice over large areas. 38 AN ECONOMIC STUDY OF FIELD MICE. EPIDEMIC DISEASES. Iixcessive multiplication of any mammal to the point of over- crowding is sure to be followed sooner or later by a fatal epidemic. Numerous instances of the prevalence of such diseases among rodents are known, and several of the historic mouse plagues were terminated by them. So complete was the destruction that several years of almost total absence of mice followed. NATURAL ENEMIES -OF FIELD MICE. Prominent among the recognized causes for the great increase of rodent pests in recent years is the persistent destruction of the birds, mammals, and snakes that habitually prey upon them. Warfare against the natural enemies of noxious rodents‘is not confined to America. In the British Islands and on the Continent gamekeepers have systematically killed foxes, weasels, stoats, hawks, and owls, on the plea that they destroy game, and even farmers have joined in the warfare against the so-called “ vermin.” In America the same mistaken sentiment exists, and too often has led to ill-advised legis- lation against mammals and birds that are beneficial to the farmer. Wise measures for game protection can not be too highly commended, but ignorance of the true relations of animals and birds of prey to game 1s widespread even among lawmakers and sportsmen’s clubs. One of the most common mistakes made by sportsmen in the sup- posed interests of game protection is the offer of prizes for the de- struction of alleged “ game-destroying ” mammals and birds. In one instance nine competitors for a club’s prizes destroyed during twelve months 184 weasels, 48 foxes, 54 minks, 343 skunks, 15 great horned owls, 6 “common owls,” and 148 hawks. The fact that only 21 owls were killed in an entire year by nine men trying for a record reveals a scarcity of these useful birds that 1s not complimentary to the intelligence of the community. The large number of skunks killed indicates ignorance or disregard of the usefulness of that ani- mal in destroying insects and mice. Apparently, too, there was no discrimination as to the species of hawks destroyed, and it is prob- ably safe to say that field mice in a single year have damaged the farmers of the region concerned a hundredfold more than the value of all the game and poultry saved through the offer of prizes. The evidence presented to a committee of the British Board of Agriculture, who were investigating the Scottish vole plague of 1892, showed conclusively that in the affected district before the outbreak carnivorous animals and birds had been very scarce. The committee in their report emphasized the importance of protecting the birds, whose absence in the district in question was regarded as an impor- tant cause of the enormous multiplication of voles. MAMMAL ENEMIES OF MICE. 39 The chief natural enemies of field mice are (1) mammals, wild and domestic, (2) birds, and (3) snakes. MAMMALS THAT DeESTROY FIELD MICE. WILD MAMMALS. Among the wild mammals of the United States known to feed upon field mice are wolves, lynxes, foxes, badgers, raccoons, opos- sums, skunks, weasels, and shrews. A few of these feed upon mice habitually, and this habit, combined with their well-known service in destroying insects, compensates in great measure for the injuries they inflict in other ways. Skunks are efficient in the destruction of mice and rats. The larger skunks (J/ephitis), with about 17 species and subspecies, are distributed over most of the territory occupied by field mice. Their chief food is insects, but mice are second in importance on the bill of fare. Skunks not only search woods and meadows for mice but often come about barns and outbuildings in quest of the common mouse (J/us musculus) and brown rat (J/us norvegicus). While it is true that skunks sometimes destroy poultry, they do so much less frequently than is generally supposed. Comparatively few skunks learn to kill chickens, the habit being characteristic of -the individual rather than of the species. Of 36 skunks of the genus J/ephitis whose stomachs were examined by the Biological Survey, two only, both captured in poultry houses, had eaten domestic fowls. ‘There was no evidence that any of the 36 had destroyed game or small birds. The food consisted princi- pally of beetles, grasshoppers, cicadas, crickets, rats, mice, and liz- ards. On account of their usefulness in destroying noxious insects and rodents, skunks deserve even more than the partial protection now afforded them by the laws of several States. The habits of the little spotted skunks (Spzlogale) are similar to those of the larger species. Like them, they are useful because they destroy insects and mice. Occasionally individuals learn to destroy domestic fowls, but the habit is even rarer than with the large skunks. As persistent and successful mousers about farm premises, they are unequaled and should be protected, the death penalty being reserved solely for the individuals that attack poultry. The white-backed skunks (Conepatus) live in the South, mostly out of the range of field mice. They destroy many other kinds of rats and mice. The mink (Luéreola) feeds commonly upon fish and other aquatic animals, but sometimes raids poultry kept near streams. It destroys meadow mice as well as other small rodents. The fur is in such demand, however, that minks are not likely to become sufficiently » 40 AN ECONOMIC STUDY OF FIELD MICE. — numerous to have much effect, good or bad, upon the interests of the : farmer. The various species of weasels and wild ferrets are persistent destroyers of meadow mice. The smaller weasels easily traverse the surface runways of the larger species of J/icrotus and even follow them into underground burrows. The larger weasels feed upon pocket gophers, prairie dogs, ground squirrels, and various kinds of mice and rats. While occasionally they capture game or song birds, as well as poultry, their principal food consists of injurious rodents. The small American weasels, like European species, have an evil reputation among game preservers and farmers, who assert that weasels destroy the eggs and young of game birds, aswell as young chickens and other fowls. However, stomach examinations, supple- mented by careful field observations, show that small mammals form the principal food of weasels. Among their prey are cottontail rab- bits, little chief hares (Ochotona), prairie dogs, ground squirrels, wood rats, field mice, and the house mouse and brown rat. A recent advance in the price of weasel skins in white, or winter, pélage has already caused a marked scarcity of these animals in some of the Northern States. The present abundance of meadow mice in the same States is attributable partly to the destruction of weasels. A correspondent in Minnesota, in a letter dated April 14, 1906, states that field mice were very abundant in his neighborhood during the preceding winter and caused much damage in orchards and nur- series. He adds: * The animals have never been so numerous here as during the last two years. I think weasels used to keep mice in check, but the high price of fur has made them very scarce.” Badgers, when not employed in unearthing larger rodents, devote much time and labor to digging out field mice. One will patiently excavate every burrow on an acre or more of ground, and, besides the litters of young, evidently get a large share of the old mice. Badgers have been caught with their intestines full of pellets of fur and bones of Microtus. Nevertheless, while doing almost no harm and while in general highly beneficial, badgers are destroyed almost everywhere, partly for sport, partly because on rare occasions one raids an unpro- tected chicken coop. Foxes destroy many field mice and other rodents as well as many insects, especially grasshoppers, and thus do much to compensate for the poultry and game they kill. Although reliable testimony to the destruction of domestic fowls by the red fox (Vulpes fulva) is not wanting, the habit is by no means common, as is shown by the con- tents of stomachs examined by the Biological Survey. In three cases remains of the Gambel partridge were found and in one other a small bird. On the other hand, harmful rodents, including field mice, were found in over 20 stomachs. Besides these, a mole, a lizard, MAMMAL ENEMIES OF MICE. 4] grass, corn, blueberries, and cultivated grapes show a somewhat mis- cellaneous diet. A writer in Forest and Stream states that in the stomach of a gray fox (Urocyon cinereoargenteus), taken at Milford, Conn., he found rabbit hair, parts of a field mouse, sweet corn, pieces of apple, remains of a woodcock, and some leaves.* That shrews destroy many field mice is certain, although the evi- dence is largely circumstantial. It is known that they eat dead mice that have been caught in traps. It is proved that they are able to capture a live field mouse in its burrow by the fact that when both animals are confined in the same cage the shrew kills and partly eats the other animal. Shrews are often trapped in the burrows of field mice, and it is highly probable that they habitually feed upon the rodents. As they eat only the flesh and biood of their victims it is difficult to identify their food by stomach examinations. The common brown rat (J/us norvegicus) is an enemy of field mice where both occur in the same locality. On the Potomac flats, south of Washington, D. C., both rats and meadow mice (J/. pennsylvant- cus) are abundant. On various occasions, while trapping mice there, specimens in small cage traps were destroyed by rats. Several times I had occasion to uncover burrows and runways of the mice by removing piles of dry weeds. On the following mornings I found that rats had enlarged the burrows in pursuit of mice, and the remains of fur and stains of blood on the ground showed that the pursuit had been successful. It is unfortunate that rats are even worse pests than the field mice they destroy. Of the other wild mammals that destroy field mice—wolves, coy- otes, lynxes, raccoons, and opossums—it may be said that the mouse- eating habit is not always prominent and that their economic status can not be determined by it alone. On the whole, however, their general effect in checking the increase of rodents must be regarded as an important item to their credit. DOMESTIC MAMMALS. Some of the domestic animals assist in the destruction of field mice. Cattle and horses in pastures undoubtedly trample upon and destroy many mice, especially the young. Hogs in fields and wood lots root them from burrows and nests and eat them. Aristotle mentions the ancient practice of turning swine among mice “to root up their runs.” ® But the more important of their enemies among domestic animals are dogs and cats. Dogs follow the farmer to the field and at plowing and harvest are ready to pounce upon and kill every mouse that is uncovered in fur- «Forest and Stream, vol. 55, p. 464, Dec. 15, 1900. » Aristotle’s History of Animals, Book 6, chap. 30, p. 178, Bohn’s edition, London, 1862. 49 AN ECONOMIC STUDY OF FIELD MICE. row or shock. While they seldom eat rats or house mice, they some- times become very fond of field mice and learn to hunt them inde- pendently. A good rat dog is undoubtedly a valuable asset of the farm, and I have known one to keep premises clear of brown rats (Jus norvegicus) when adjoining farms were overrun with them. Many cats are good mousers, both in house and field. Some lve largely upon pocket gophers, ground squirrels, and field mice. Un- fortunately, however, when cats roam afield they learn to destroy song birds, young poultry, and game. The ordinary farm cat is exceedingly destructive to small birds and game, and the number that cats annually kill is immense. : House cats usually are too well fed to make good mousers, and are believed to aid in the spread of infectious diseases among human beings. In spite of the usefulness of individual cats in destroying mice, every community would be better off for a large reduction in its feline population. BIRDS THAT DESTROY FIELD MICE. Many species of birds destroy rodents. Among those that eat field mice are shrikes, cuckoos, crows, herons, bitterns, storks, ibises, gulls, hawks, and owls. Unlike the mammals already named, some of these birds live almost exclusively upon field mice, and hence are of great assistance in reducing their numbers. “BIRDS OF PREY. At the head of the list of bird enemies of field mice stand the hawks and owls. Most of the species habitually feed upon rodents, a few of them almost entirely. Moreover, the species that feed least upon harmful rodents feed largely upon insects. Thus the beneficial character of hawks and owls as a group is beyond question. Fortunately the economic status of American hawks and owls does not rest upon mere theory or general assertions without proof. Bulletin No. 3 of the Biological Survey * deals with the food habits _of hawks and owls of the United States, and is based upon examina- tions of nearly 2,700 stomachs. Such large series of the more com- mon species were examined that further investigations can but con- firm and emphasize the present verdict—that American hawks and owls, as a W hole, are among the best friends of the farmer and that only a few species are more “hoor than beneficial.? a@The Hawks ant Owls of the ated: Smtes in Pee Heo to Agriculture, ~ by A. K. Fisher, M. D., Washington, 1893. b Doctor Fisher’s report on the food of hawks and owls has long been out of print. For this reason some of the more important summaries of results, especially those relating to the mammal food, are given in this paper. Circular 61, Bureau of Biological Survey, Hawks and Owls from the Standpoint of the Farmer, gives a brief summary of the original report by Doctor Fisher, and may be had on application. ’ HAWKS AND FIELD MICE. 48 Hawxs.—Though hawks are our most common birds of prey, many kinds are too rare to exert a marked effect, either injurious or beneficial, upon the interests of the farmer; but the most common kinds are widely distributed and their voracious appetites make them of considerable economic importance. Nearly all hawks feed more or less upon rodents, and their most frequent victims are the short- tailed field mice. The marsh hawk, or harrier (Circus hudsonius), 1s probably the most common and most widely distributed North American species. It is of medium size and may easily be recognized, while flying low over fields and meadows, by its conspicuous white upper tail coverts. The results of an examination of 124 stomachs of this species are as follows: Seven contained poultry or game; 34, small birds; 57, mice; 22, other mammals; 7, reptiles; 2, frogs; 14, insects; and 8 were empty. Field mice were positively identified in 44 stomachs, averag- ing almost two to each stomach. Eight were found in one stomach. The other mammals were mainly ground squirrels (spermophiles) and rabbits. , The buzzard hawks (genus Buteo) include seven species and six subspecies, all rather large and slow of wing. They are rarely able to capture a domestic or wild fowl. They live chiefly on small mam- mals, insects, snakes, and batrachians. The group includes such well- known birds as the red-tailed hawk (Buteo borealis and four sub- species), red-shouldered hawk (Buteo lineatus and two subspecies), Swainson hawk (Buteo swainsoni), and broad-winged hawk (Buteo platy pterus). : A summary of the food of 562 red-tailed hawks is as follows: Fifty-four of the stomachs contained poultry or game birds; 51, other birds; 278, mice; 131, other mammals; 37, batrachians and rep- tiles; 47, insects; 8, crayfish; 1, centipedes; 13, offal; and 89 were empty. Two hundred and twenty-eight stomachs contained 350 field mice. 7 Of 220 stomachs of the red-shouldered hawk 3 contained poultry; 12, other birds; 102, mice; 40, other mammals; 20, reptiles; 39, batra- chians; 92, insects; 16, spiders; 7, crayfish; 1, earthworms; 2, offal; 3, fish; and 14 were empty. Sixty-three stomachs contained 89 field mice. Of Swainson hawks, 18 stomachs were examined. Of these 7 con- tained small mammals; 8 contained insects; 3, reptiles; 3, batrachians; and 3 were empty. One of the mammals was a mouse, and nearly all the insects were locusts and grasshoppers. Throughout its summer range this species lives almost entirely upon grasshoppers. Of broad-winged hawks, 65 stomachs were examined, 15 of which contained mice, and 13 other small mammals. No poultry or game birds were found in the stomachs, and the chief food was insects. 44 AN ECONOMIC STUDY OF FIELD MICE. The most common Old-World representative of the genus is Buteo buteo, the common buzzard of England, and popularly known in Germany as the mouse buzzard (Mdusebussard). That the last name is well deserved, is shown from the researches of Dr. G. Rérig, of Berlin, who in 784 stomachs of this species found no less than 1,124 rodents, of which 1,057 were the common field mouse (Jf. arvalis) Two prominent species of rough-legged hawks (Archibuteo) occur in America. Both are winter sojourners with us. The northern form, the common rough-leg (Archibuteo lagopus sancti-johannis), sum- mers north of the United States. The ferruginous rough-leg (A. fer- rugineus), commonly known as the squirrel hawk, nests extensively in the Western States, but is more common there in winter. Both species are large and may be easily distinguished by the feathering of the legs, which extends to the base of the toes. Doctor Fisher ex- amined 50 stomachs, all but 1 being of the common rough-leg. Of these, 40 contained mice only; 5, other mammals; 1, insects and a lizard; and 4 were empty. Of the 40 containing mice, 28 had meadow mice only, the number varying from 1 to 8 and the average being more than 3 to each hawk. These are winter records. In summer the birds doubtless are largely insectivorous. It is certain that the rough-legs do not often molest wild birds or domestic fowls. The researches of Doctor Rorig make an equally favorable show- ing for the Old World rough-legged hawk (Archibuteo lagopus lago- pus). He examined 250 stomachs of that species and found remains of 879 rodents, mostly field mice. Ninety-four per cent of the birds examined by him had eaten injurious rodents.” The true falcons (genus Falco) of North America comprise 17 species and subspecies, of which 3 are accidental visitors from abroad, and several others, notably the gyrfalcons, are exceedingly rare within the United States. The various falcons differ much in size, but all are strong and swift of wing. The larger species destroy poultry and game, while the smaller kinds prey upon small birds and insects. All feed to some extent upon mice. The most common species are the duck hawk (Falco peregrinus anatum), the prairie falcon (Falco mewicanus), the pigeon hawk (/alco columbarius), and the sparrow hawk (Falco sparverius). The duck hawk is a rather large falcon, and, as its name implies, preys much upon waterfowl. It destroys also game birds, domestic fowls, pigeons, and small birds. Although it feeds to some extent also upon insects and mice, the habits of the species, on the whole, do not commend it to the protection of farmers and sportsmen. a Arb. Biol. Abteilung fiir Land- und Forstwirtschaft, IV Band, 1 Heft, p. 64, 1903. b Arb. Biol. Abteilung fiir Land- und Forstwirtschaft, IV Band, 1 Heft, p. 74, 1908. HAWKS AND FIELD MICE. 45 The prairie falcon inhabits the West and Southwest. Its habits are somewhat similar to those of the duck hawk. It feeds largeiy upon land birds, mammals, and insects. Game birds and tame pigeons are known to be on its “ bill of fare.” The pigeon hawk is smaller than either of the two preceding spe- cies, and is widely distributed in North and Middle America. It nests chiefly north of the forty-third parallel, except in the higher mountains. It feeds mainly upon small and medium-sized birds, a few field mice, and insects (chiefly dragon flies and grasshoppers). Fortunately for our summer song birds, the pigeon hawk for the most part is migratory within the United States. However, it accom- plishes some good by destroying English sparrows. . The sparrow hawk is the commonest of our falcons. While it destroys some small birds, its chief food is insects and mice. It is ~.. too small to do much injury to poultry and game, and many of the _ small birds it captures are the injurious European sparrow. Doctor Fisher’s report gives the results of examinations of 320 stomachs of the sparrow hawk. Of these, 1 contained a quail; 53, small birds; 89, mice; 29, spiders; and 29 were empty. The insects were largely grasshoppers, and about half of the mice were field mice. Two common hawks of the genus Accipiter should be mentioned— the Cooper hawk (Accipiter cooperi) and the sharp-shinned hawk (A. velow). Both destroy many birds and feed only to a small extent upon injurious mammals and insects. The Cooper hawk destroys much poultry and game, while the sharp-shinned hawk lives chiefly upon smaller birds, including quail and young chickens. Although both species prey upon meadow mice, their limited usefulness in this respect does not offset their injurious habits. The thieving traits of these two birds has had much to do with the undeserved ill repute in which hawks as a whole are held. All the other American hawks and eagles prey to some extent upon field mice. The kites (four species) are highly insectivorous. The Mississippi kite (/ctenia mississippiensis), known sometimes as the blue hawk, is locally abundant as a summer resident in southern Kan- sas, in Oklahoma, and parts of Texas. Its food is almost exclusively grasshoppers, and it seldom molests birds, yet it is often wantonly destroyed by sportsmen simply because it is a hawk and offers a tempting mark. The same may be said of the other kites, including the beautiful and useful swallow-tailed species. The chief economic function of hawks seems to be the destruction of harmful rodents and insects. A majority of the species are decid- edly useful, their good qualities far outweighing the bad. A few have no harmful habits, but are wholly beneficial. A smaller num- ber have good and bad traits nearly balanced, or certain species may be beneficial in some localities but harmful in others. Two common 46 aN ECONOMIC STUDY OF FIELD MICE. species—the Cooper and sharp-shinned—destroy so many birds and poultry as to far outweigh any good they may do. If legislation against hawks is needed, which is more than doubtful, careful dis- crimination should be exercised as to the speeies placed under ban, and corresponding protection should be given those that are of un- doubted benefit to the farmer. ; Ow1s.—Owls are preeminently enemies of mice. Their eyes are adapted to twilight and nocturnal hunting, and they prey mostly upon animals that are active after sunset. Noiseless of wing and possessed of sharp talons and much strength, they attack small mam- mals with great success. Owls, and also hawks and some other birds that eat small verte- brates by swallowing them entire, are unable to digest the bones, fur, and feathers. These are thrown up in the form of pellets, the bones being surrounded by fur and feathers. Much of our knowledge of the food of owls is derived from examinations of these pellets. The American barn owl (Strix pratincola) is rather common in the southern half of the United States, breeding as far north as forty- one degrees. In part of its range field mice are common and it preys upon them to a considerable extent. Examinations of 39 stomachs of barn owls were made by Doctor Fisher. Of these, 1 had eaten a domestic pigeon; 3, other birds; 17, mice; 17, other mammals; 4, insects; and 7 stomachs were empty. Meadow mice were found in 9 of the stomachs. The mammals eaten, other than mice, were chiefly ground squirrels (spermophiles) and other injurious species. Doctor Fisher records the results obtained from an examination of 675 pellets of the barn owl collected at Washington, D. C. They contain remains of 1,731 rodents, 56 insectivorous mammals, 32 birds, and 2 frogs. The rodents were mainly rats (J/us norvegicus), house mice (Jus musculus), and meadow mice (J/icrotus). Of the last there were 1,123 skulls, or an average of almost 2 to each pellet.2 Doubtless similar investigations in California, where these owls are common, would show that there spermophiles are the chief food. The habits of the European barn owl (Strix aluco) serve to illus- trate further the usefulness of our own bird. Dr. Bernard Altum, a German naturalist, in 1863 recorded the results of examinations of 703 pellets of the barn owl. He found remains of 16 bats, 933 rodents, 1,479 shrews, and 22 small birds (19 of which were spar- rows). Of the rodents 693 were voles.’ Later (1867) he published the results of examinations of 360 additional pellets, making 1.063 in all. The total shows 2,151 insectivorous mammals, and 1,801 rodents, of which 1,284 were voles.° a Science, N. S., vol. 3, pp. 623-624, Apr. 24, 1896. ' 6 Journal fiir Ornithologie. vol. 11, pp. 41-46, 217-219, 1868. ¢ Zoologische Garten, vol. 8, pp. 263-264, 1867. OWLS AND FIELD MICH. 47 The Reverend Doctor Jackel, of Windsheim, Bavaria, collected and examined a total of 6,512 pellets of the barn owl. In them he identi- fied skulls of 5,210 shrews and 14,790 rodents, of which 9,046 were Microtus.« Doctor Rorig more recently examined 121 pellets of barn owl and in them identified 291 voles, 68 true mice, 35 shrews, and 13 sparrows,’ a result more in harmony with Doctor Fisher’s tables. John Watson calculates that each pair of owls of this species while feeding their young capture at least 40 mice per day. Once he found no fewer than 17 recently killed field mice on the side of a barn owl’s nest which contained 5 young owls.° The late Edward Newman stated that every owl of this species 1s worth £5 per year to the British nation.4 The long-eared owl (Asio wilsonianus) is distributed throughout temperate North America, except the treeless plains. It is a constant resident over most of its range, and its usefulness in the destruction of mice continues throughout the year. Of the 107 stomachs examined by Doctor Fisher, 1 contained a quail; 15, other birds; 84, mice; 5, _ other mammals; 1, insects; and 15 were empty. Of the 84 containing mice, 46 contained specimens positively identified as meadow and pine mice. About 50 pellets cast up by long-eared owls contained 176 skulls, representing 93 meadow mice, 19 pine mice, 23 other mice, 96 shrews, and 13 small birds. The long-eared owl (Asio otus) of the Old World has a similar record. Doctor Rorig made 108 stomach examinations of this species. In the stomachs he identified 20 small birds, 1 weasel, 2 bats, 18 shrews, 29 true mice, 14 bank voles (Hvotomys), and 365 field mice (Microtus). Nine stomachs contained insects. Eighty-four per cent of the birds had eaten mice. A single stomach contained 12 field mice. In 142 pellets of A. otus examined by Doctor Altum, he found 3 small birds, 2 shrews, 14 true mice, 12 bank voles, and 259 voles (1 JZ. amphibius, 65 MW. agrestis, and 193 M. arvalis.e. Doctor Rorig ex- amined 1,053 pellets of long-eared owl and found remains of 14 small birds, 1 frog, 2 moles, 29 shrews, 22 true mice, 15 bank voles, and 1,764 voles. Selby found 5 mice in a single stomach of this species. The short-eared owl (Asto accipitrinus) is probably the greatest enemy of field mice. It figures in many historical accounts of vole plagues in England and on the Continent. Holinshed’s Chronicle closes the account of voles in Danesey Hundred, of the county of « Zoologische Garten, vol. 15, p. 469, 1874. bArb. Biol. Abteilung fiir Land- und Forstwirtschaft, IV Band, 1 Heft, pp. 102-104, 1903. ¢ Qrnithology in Relation to Agriculture and Horticulture, p. 12, London, 1893, @ Hardwicke’s Science Gossip, vol. 29, pp. 89-90, 1893. é¢ Journal fiir Ornithologie, vol. 12, pp. 429-484, 1864. 48 AN ECONOMIC STUDY OF FIELD MICE. Essex, in 1581, by saying: “ Which vermin by policie of man could not be destroyed, till at the last there flocked together such a number of owles as all the shire was not able to yield, whereby the marsh holders were shortly delivered from the vexation of the said mice.” Similar testimony as to the efficiency of owls as destroyers of voles is contained in other chronicles, and in the account of later out- breaks the species is definitely stated to be the short-eared owl. The short-eared owl inhabits the temperate parts of both conti- nents. In each its range extends northward well beyond the Arctic Circle. It is an irregular migrant and always appears in large num- bers where voles, lemmings, or other mice become unusually abun- dant. It nests on the ground in tall grass, usually in moist meadows, a habitat peculiarly fitted for the operations of this consumer of meadow mice. Doctor Fisher reports the results of examinations of 101 stomachs of this species. Of these, 11 contained small birds; 77, mice; 7, insects; and 14 were empty. In the 77 stomachs that contained mice fully a hundred field mice were identified. Doctor Roérig examined 51 stomachs of this species and found in them re- mains of 90 injurious rodents, of which 76 were J/icrotus. He ex- amined also 480 pellets of this owl, finding remains of 3 beetles, 9 small birds, 7 bank voles, 22 Iicrotus agrestis, and 842 WM. arvalis. - For purposes of comparison, the results of the examinations of owl pellets are here presented in tabular form. The figures, disregarding fractions, represent the average number of individual mammals and birds found in 100 pellets of each species of owl. Barn owl. Long-eared owl. a - See i ee — ; Sie | = S| e é : ae om ae o ESSE, ae! S$ tal ae a= s OL = = A a) Sass ea ae ee cle A | ee = : : A = ae = = = = i Kind of mammal or bird found o < : m4 ea ae :O al . = = > — a2 il in ow] pellets. 3 x @ = seu ey e. aS S eae) ee 2) oF Zt R rise So Wes TS ez 4 aa ae 2 = 2 S) S ee Se par > = og ees = = = re ea = == a. Dene eet agra ae = |. ese 7 | s . = S a + ge res 2 8 ~ 3 S 2 Sora ee = Ss ses 2 e | 3 2 uae tee 2) DD >. N XN oD Harmful rodents: | | Mus (rats and mice) ...........--- Or F=48 87 56 | 46 10 | 2 0 Microtus (field mice)...........--. |= 466, |- 121 139 DAL | 114. =| 9182) pies 180 Other wvodenisrs 22 9 Se See S| ae Oa ee eel hie Ot 28 | "ORD al Insectiyorous mammals (shrews, | panotes- and hats) "222-225 of 22) Sed 202251" 80 29 52 i 3 0 Small birds (sparrows, ete.).-....... 5 | Ble = (G2 ae atet 26 aa 1 2 ‘% = | | | a Bank voles (Evotomys). b Not given. The barred owl (Syrnium varium) is larger than the species already considered. It resides throughout eastern North America from Nova Scotia to the Gulf and westward to the treeless plains. It usually lives in rather dense forests and swamps and nests in hol- OWLS AND FIELD MICE. 49 low trees. Owing to its greater size, its food includes larger mam- mals and birds than that of the last three species. Thus, it is able to carry off a good-sized domestic fowl, and no doubt occasionally it raids poultry. However, Doctor Fisher’s examination of 109 stom- achs of this species indicates that it is far less harmful than is gen- erally supposed. Five stomachs contained poultry or game; 13, other birds; 46, mice; 18, other mammals; 4, frogs; 1, lizard; 2, fish; 14, insects; 9, crayfish; and 20 were empty. Field mice were posi- tively identified in more than half of the 46 stomachs that contained mice. The great horned owl (Bubo virginianus) is the largest owl resi- dent in the United States. Its range, including the subspecies, extends from Costa Rica to the northern limit of deep forests and from ocean to ocean. In South America occur a number of closely related forms. The great horned owl has an evil reputation with most farmers on account of its destruction of poultry. The bad reputation is only partly merited. Doctor Fisher examined 127 stomachs of this species. Of these, 31 contained poultry or game birds; 8, other birds; 18, mice; 65, other mammals; 1, a scorpion; 1, a fish; 10, insects; and 17 were empty. About half the mice found were meadow voles and the majority of the “other mammals” were rabbits. In central Kansas, some years ago, I examined over a dozen nests of this species im which young were being fed. The nests contained rabbits (Lepus floridana mearnsi), fox squirrels (Scturus rufiventer), wood rats (Neotoma baileyi), skunks (Mephitis), field mice, and in two cases feathers of the flicker (Colaptes auratus luteus), but in no case any feathers or remains of poultry. In the few cases in which these owls were observed by me to raid poultry the fowls were roosting upon trees late in the fall, and hence were unnecessarily exposed to attack. Where rats are abundant this owl has been known to prey largely upon that rodent. O. EK. Niles, in a letter to Charles Dury, dated March 5, 1885, stated that at one time the remains of no less than 113 rats had been counted under the nest of a great horned owl. On the whole, the great horned owl is not a very harmful species, and as it is rapidly disappearing in most parts of the United States warfare against it may be suspended. The screech owl (Otus asio) is probably the most familiar of American owls. Including its ten or more geographic races, it has a wide distribution. It is too small to prey upon domestic fowls or game and is beneficial. Doctor Fisher reported on the contents of 255 stomachs, of which 1 contained a tame pigeon; 38, other birds; 91, mice; 11, other mammals; 6, lizards and batrachians; 1, fish; a Jour. Cin. Soc. Nat. Hist., vol. 8, p. 63, 1885-86. 50 AN ECONOMIC STUDY OF FIELD MICE. 100, insects; 5, spiders; 9, crayfish; 11, miscellaneous; and 43 were empty. A good proportion of the “ other birds ” were English spar- rows. About a third of the mice were identified as meadow mice, while 24 were house mice. The large proportion of insects eaten is remarkable. The burrowing owl (Speotyto cunicularia hypogea) is a small species, common on western plains, and noted for its abundance dur- ing summer in prairie-dog “ towns,” where it occupies the deserted burrows of that rodent. Of 32 stomachs of this owl examined by Doctor Fisher, 2 contained mice; 1, a prairie dog; 3, lizards; 8, scor- pions; 1, a centiped; 30, insects, and 1 was empty. The species is largely insectivorous and undoubtedly highly beneficial. Several other species of owls occur in the United States, but at no season are they abundant over any considerable area. Probably all feed largely upon meadow mice. Doctor Fisher’s report covered only a small series; but 6 out of 9 great gray owl stomachs, 4 out of 22 sawwhet owl stomachs, 10 out of 38 snowy owl stomachs, and the single hawk owl stomach examined contained the remains of field mice. From the testimony of Doctors Fisher, Altum, J: sickeen and Rorig, and careful observations by others, the great pale of foe for reduc- ing the number of meadow mice is established beyond deubt, and the various species should everywhere be protected by legal enactments, CROWS. Among the most formidable bird enemies of field mice are the larger members of the crow family (Corvide). The fact that ravens, hooded crows, and rooks in the Old World feed upon voles and lem- mings has often been noted. American crows have similar habits and feed upon field mice whenever occasion offers. Besides the common crow (Corvus brachyrhynchos) the list of mouse-eating crows includes the fish crow (Corvus ossifragus), the northwest crow (Corvus 6. caurinus), the raven (Corvus corax sinuatus), and the white-necked raven (Corvus cryptoleucus). Magpies and the larger — jays also destroy mice to some extent. The food habits of the common crow form the subject of Bulletin No. 6 of the Biological Survey.* The results of examinations of 909 stomachs of crows are tabulated in the report. Of this number, 78 contained mice, they being fourth in order of importance on the list of animal food for the year. Professor Barrows says: ‘“ There is abundant proof from several sources that crows often capture living mice, particularly the short-tailed field mice, which build their nests usually on the surface of the ground among the roots of grass. Here the crows discover them, and, tearing the nest to pieces, de- @The Common Crow of the United States, Walter B. Barrows and H. A. Schwartz, 1895. | CROWS, CUCKOOS, AND SHRIKES. 3 51 vour the young and not infrequently catch the adults as well. By far the greater number of the mice found in the stomachs were meadow mice, or voles (genus Microtus), and most of them were the common species ((/icrotus pennsylvanicus) .” In midwinter, when the ground is covered with snow, crows find but few field mice; but as spring approaches and the snow begins to melt on the meadows, the bulky grass nests of the mice are first exposed. The crows may then be seen searching the meadows for them. They alight near the openings in the snow, pounce upon the nests, tear them to pieces, and as the mice scamper out the crows often succeed in capturing them. Later in the spring, when crows feed their nestlings, insects are more abundant and the nests of mice are hidden in the growing grass, so that relatively fewer mice are eaten. Still later, after the young crows have left their nests and mowing machines have once more exposed mouse nests in the mead- ows, crows again spend much time searching for young meadow mice. ‘It is of interest to note that complaints of recent depredations of field mice are especially numerous from sections of the United States where for several years past bounties have been paid for killing crows. CUCKOOS AND SHRIKES. The larger species of the family of euckoos (Cuculidw) are known _to feed extensively upon vertebrates. The two more common cuckoos of the United States are too small to share this habit, but the road- runner (Geococcyx californianus) of the Southwest feeds rather commonly on reptiles, batrachians, and small rodents. Prof. F. E. L. Beal captured one in California which had eaten a field mouse (MW. californicus). The great northern shrike (Lanius borealis) 1s a common winter visitor in the northern half of the United States. It arrives from the north in October and remains until March or April. It is a familiar bird to most residents of rural districts. Gray in general color, with black wings, conspicuously barred with white, and with white in the tail, it looks much like a mocking bird, but has a strong, sharply- hooked bill, which enables it to kill small birds and mice. In its sum- mer home it 1s probably much more insectivorous than with us. It comes to the United States at a time when insects are not abundant, and feeds mainly upon small birds, mammals, and grasshoppers. Mice were found in one-third of the stomachs examined by the Bio- logical Survey and more than half of those identified were meadow mice. Doctor Mearns is quoted“@ as authority for the statement that in Minnesota during March shrikes live almost exclusively on meadow mice. Most farmers have noticed that the northern shrike, or “butcher bird,” catches meadow mice. The birds are often seen at 4 Bulletin 9 of the Biological Survey, Cuckoos and Shrikes in their Relation to Agriculture, p. 19, 1898. 52 AN ECONOMIC STUDY OF FIELD MICE. husking time as they hover in the air or sit on a fence post or top of a hedge, ready to pounce upon every mouse that escapes from corn shocks as they are torn down or moved. The smaller shrikes (ZLanius ludovicianus and subspecies) also somewhat resemble mocking birds in color. They are summer resi- dents of many parts of the United States. As insects are abundant during the. greater part of their stay, they are insectivorous to a greater extent than the northern shrike. Stomach examinations prove that mice form 16 per cent of the food for the entire year, but the birds are less able than the larger species to cope successfully with adult meadow mice, yet they undoubtedly destroy a good many voles, and several have been identified in their food; but smaller mice are more frequently caught. Although shrikes destroy a few useful birds, they more than com- pensate for this by their destruction of small rodents and insects, and they fully merit protection by the farmer. CTHER BIRDS. Members of the order Herodiones, including herons, storks, and ibises, are usually persistent enemies of meadow mice. Many of them frequent meadows and swamps, especially in the breeding sea- son. Unfortunately, the summer range of the larger number of spe- cies is too far south to bring them much in contact with voles. How- ever, a few species spend the summer where mice abound and make them an important part of their food. Of our herons, the American bittern (Botaurus lentiginosus) is probably the best known destroyer of voles. The bird is a summer ™ resident in all suitable localities in temperate North America, making its home in moist meadows, bogs, and swamps. Baird, Brewer, and Ridgway say of it: “ It does not move about much by day, although it is not strictly nocturnal, but is sometimes seen flying low over the marshes in pursuit of short-tailed or meadow mice, which are fre- quently taken whole from its stomach.”* Records of the Biological Survey contain a number of instances in which meadow mice were found in stomachs of this species. Among other /Terodiones that feed upon meadow mice are the least bittern (Ardetta exilis), wood ibis (Tantalus loculator), great blue heron (Ardea herodias), American egret (/erodias egretta), snowy heron (gretta candidissima), and the black-crowned night heron (Nycticorax nycticorax nevius). While frogs, fish, and fresh-water crustaceans form the major portion of their food, they feed also upon mice, shrews, and other small mammals. As a group they undoubt- edly effect a reduction in the numbers of meadow mice in America. During a plague of field mice (Peromyscus in this case) in South America in 1872-73 Mr. W. H. Hudson observed that storks became @The Water Birds of North America, vol. 1, p. 70, 1884. SNAKES AND FIELD MICE. 53 very numerous. He says: “In the autumn of the year [May, 1873] countless number of storks (Ciconia maguira | Huxenura maguira] ) and short-eared owls (Asio accipitrinus) made their appearance. They had also come to assist in the general feast. * * * Years have perhaps passed during which scarcely an individual of these kinds has been seen; all at once armies of majestic white storks are seen conspicuously marching about the plain in all directions, while the night air resounds with the solemn hootings of innumerable owls.”* European writers bear testimony to the usefulness of the common stork (Ciconia ciconia) in destroying voles and other kinds of mice. | The family of cranes (Gruidw) range farther north than the _herons, and the three North American species are known to feed to some extent upon voles, capturing both young in the nests and adults. The habitat of cranes includes upland prairies as well as moist -meadows, and thus probably they prey upon more species of voles than herons do. Although the usual food of gulls (Laride) consists of fishes and insects, they feed also upon rodents. During the vole outbreak in Scotland in 1892 several species of gulls, notably the great black- backed gull (Larus marinus), fed upon the field mice; and gulls are usually named among the species that feed upon lemmings during their migrations. It is highly probable that the larger American gulls feed upon field mice whenever they find them. SNAKES. Snakes must be included among the natural enemies of field mice. While nearly all snakes feed extensively upon.insects, many of them eat vertebrates, including fishes, reptiles, batrachians, birds, and mammals. The larger bull snakes (Pituophis), black snakes (Cal- lopeltis), and rattlesnakes (Crotalus) of the United States feed largely upon mammals, including rabbits, prairie dogs, pocket go- phers, and ground squirrels, as well as different species of rats and mice. Black snakes and bull snakes probably kill more field mice than the others; but black snakes destroy also a considerable number of nestling birds and birds’ eggs, so that part of their beneficial work is offset by this injurious habit. A nurseryman in Pennsyl- vania reports that he secured immunity from mice in his nursery by turning loose in it 50 black snakes. On the whole, snakes, except the venomous species, are deserving of the farmers’ protection. Like the toad, the smaller kinds feed almost wholly upon insects; but an inherent prejudice induces thoughtless people at every opportunity to destroy these friends of agriculture. Naturalist in La Plata, pp. 64-65, 1892, D4 : AN ECONOMIC STUDY OF FIELD MICE. REPRESSION OF FIELD MICE—ACTIVE MEASURES. We pass now to a consideration of such means for the repression of voles as are under the immediate control of the farmer. These consist of trapping and other mechanical methods of destruction and — the use of poisons, fumes, and micro-organisms. ; TRAPPING. Trapping is a simple way to destroy field mice, but it is seldom resorted to because few people have patience to follow it up per- i —— SS Fic. 2.—Field mouse caught in baited guillotine trap. sistently and to look after the necessary large number of traps. When field mice are abundant it is essential to use many traps and to continue trapping for several weeks. Equipped with a hundred or Fic. 3.—Field mouse caught in unbaited guillotine trap. more effective traps, a good trapper should be able to make decided inroads upon the numbers of the pests, if not to practically extermi- nate them over a limited area. CULTIVATION TO DESTROY MICE. 5D Trapping has special advantages for small areas such as lawns, gardens, and vegetable or nursery pits and packing houses, where a limited number of mice are present, and wherever, for any reason, there are objections to the laying out of poison. As voles do not readily enter cage traps, simple wire traps of the guillotine order, in which mice are instantly killed, are the most effective (text figures 2 and 3). Traps without bait may be set across the runs of the mice, where the animals spring them by coming in contact with the trigger, or they may be baited with oat or corn meal. For trapping pine mice an opening should be made in the underground tunnel large enough to receive the trap, which should be set across the bottom of the runway. The traps may be baited or not, but the opening should be covered. CULTIVATION. Thorough cultivation of fields tends to keep down the number of voles. Cultivation implies the destruction of weeds and all the an- nual growths that provide winter shelter for the animals. The mere plowing of a field badly infested by mice is sufficient to drive out most of them. However, as a rule the animals escape to adjoining fields and return to their old haunts when growing crops or weeds afford sufficient shelter. The Scottish vole plague of 1892-93 originated in hill pastures, where heather, moss, and numerous grasses afforded abundant shelter. The outbreak on the border farms in 1876-77 occurred under similar conditions. The Thessalian vole plague of 1891 and 1892 apparently grew out of peculiar conditions of cultivation. The district visited by the mice is an extremely fertile one on the plains near Larissa. The lands are mostly in large holdings, the owners of which rent the - fields to peasants who live in the las Owing to primitive methods of cultivation, each peasant has only a small tract. As the number of renters is small, a system of rotation is practiced which brings the same tracts into cultivation about once in three years, while two-thirds of the district les fallow. In the fallow lands voles multiply until at times they invade the cultivated lands and ruin the crops.? While a high state of tillage does not always bring immunity from voles, it does much to lessen the danger of attacks from them. A sys- tem which regularly brings all the land of a district under the plow and permits little of it to le unused will secure the greatest ee from these pests. aProf. T. Loeffler, Centralblatt fiir Bakteriologie und Parasitenkunde, vol. 12, pp. 1-17, July 5, 1892, 56 AN ECONOMIC STUDY OF FIELD MICE. OTHER MECHANICAL DEVICES. Mechanical methods of destroying voles have long been in use, and sometimes are effective. In some countries where the animals are abundant, considerable reliance is placed upon the efforts of laborers armed wth spades and other digging tools and assisted by dogs. In this manner thousands are sometimes killed. Trenching also is a favorite method of catching both mice and moles. Trenches a foot and a half deep are dug at intervals about the infested lands. They cre wider at the bottem than at the top, or have perpendicular sides. The animals fall into these pits and are unable to climb out. Men and dogs regularly make the rounds and despatch the animals thus caught. This method was used effectively in Dean and New Forests in 1813 and 1814 and in the later vole plagues of Great Britain and central Europe. TInundation with water and fumigation with sulphur have been em- ployed to some extent in killing field mice. All these mechanical methods involve much labor and are slow and often expensive. POISONING. As the laying out of poison for wild animals is attended by danger to other animals and to human beings, it should never be intends to the ignorant or careless. In some countries the laying of poison is forbidden by law, and several of our own States have enactments regulating the practice or forbidding it. The majority of States have no legislation prohibiting the use of poison, and the matter is usually left to the judgment of the individual farmer, to whom attaches re- sponsibility for any damage that may result through his carelessness. STENCH: NE. All things considered, stry dines: is the most satisfactory poison for field mice. Although a very deadly substance, it is less dangerous to handle than either phosphorus or potassium cyanide. Its extreme bitterness renders it less liable to be mistaken for a harmless drug. Nevertheless, every precaution should be taken in handling it. ‘The strychnine salt most used commercially 1 is strychnia sulphate. This is the best for poisoning purposes, since it is soluble in boiling water, while the alkaloid requires the presence of an acid for its solution. To disguise the bitterness of the poison when employed for rodents, sugar is used, or the strychnine may be mixed with its own bulk of commercial saccharine. For poisoning field mice various baits may be recommended, such as wheat, oatmeal, and corn, among the grains, and seeds of various plants, as the tomato, dandelion, sunflower, and others. The bait should be soaked over night in a poisoned sirup, which may be pre- pared as follows: ; POISONING FIELD MICE. 5Y Dissolve an ounce of strychnia sulphate in a pint of boiling water; add a pint of thick sugar sirup and stir thoroughly. The prepared sirup may be scented by a few drops of oil of anise or rhodium, but this is not essential. A half ounce of borax is said to keep the mixture from molding. The above quantity (a quart) of sirup is enough to poison a half bushel of wheat or corn, but smaller proportional quantities of grain and sirup may be mixed as needed. If after thorough mixing the solution is not sufficient to wet all the grain, add a little water. After standing over night, if the grain is too wet, a little dry corn meal will take up the excess of moisture. If oatmeal is used as a bait, when the mass is wet throughout with the sirup, it may be used immediately. - Because of the danger of destroying native birds, such as quail, sparrows, and others, the poisoned bait should not be placed in ex- posed situations, but under shelters which will admit mice but exclude birds. Wide boards lying upon thin cross pieces of wood are excellent for the purpose. For pine mice baits may be placed in the under- ground tunnels without endangering birds. For other mice pieces of drain tile about 14 inches in diameter may be laid along the trails, and the baits inserted into the tiles with a long knife or spoon. Tiles are recommended by the French Minister of Agriculture, but old tin cans with flattened ends or small openings are excellent substitutes. In winter the following plan is especially recommended for or- chards and nurseries: Cut small twigs from branches of apple trees (suckers are excellent for the purpose) and either dip them in the strychnine sirup or apply the sirup to them with a brush. Scatter the poisoned twigs near the trees to be protected. This plan is excellent for either field mice or rabbits, and it entirely obviates the danger of poisoning birds or domestic animals. OTHER POISONS. Among other poisons that have been recommended for the destruc- tion of field mice are phosphorus, potassium cyanide, and various mineral poisons, including arsenic. The mineral poisons as a rule are less virulent than the others. prin Phosphorus, when properly used, is an excellent though rather slow poison for rodents, a very small quantity producing death. It is, however, dangerous to handle both because of the liability of severe burns and because of the danger of serious conflagrations. Its use in the West to destroy ground squirrels frequently results in the burning of standing grain and in extensive prairie fires. For these reasons we do not recommend its use for poisoning mice. Potassium cyanide is a most deadly poison, almost tasteless, and with no known antidote. It is therefore dangerous to man, and its general use for poisoning rodents can not be recommended. It is open to the further objection that upon exposure to air it rapidly decomposes and becomes less effective. ¢ 58 AN ECONOMIC STUDY OF FIELD MICE. Among the mineral poisons that have been successfully employed in destroying field mice is barium carbonate. This substance is com- paratively cheap, and is both odorless and tasteless, so that rodents do not detect its presence in food. Its action in the digestive tract of rats and mice is slow, but reasonably sure to produce death. Larger animals are not affected by small doses of the poison, such as would be put out to kill mice; and for this reason its use is attended with less danger than that of strychnine or arsenic. This poison is usually administered in the form of dough made of four-fifths flour or meal and one-fifth barium carbonate. A_ little sugar is added to sweeten the mixture, and, if desired, a couple of drops of anise oil. The dough is cut into small lumps (the size of a large pea) for mice, but larger ones are required for rats. The poison may be fed also in moistened bread or oatmeal. Although the advantages of barium carbonate as a rodent poison have been long known, it has recently been brought, into prominence on account of successful experiments in destroying field mice with it made by Dr. Lorenz Hiltner, of Munich, Germany,? and by E. Schri- baux in France.? Winter is the most favorable season for poisoning field mice. Summer poisoning is usually less successful, on account of the abund- ance of green food. -Although the animals are active in nearly all kinds of weather, they move about more freely in winter when it is comparatively warm. For the best results, therefore, poison should be set out in the evening of rather mild days. Since mice usually work under the snow, it 1s useless to put out poison for them on the surface of the snow. The importance of protecting birds during poisoning operations ¢can not be too earnestly insisted upon. In France, in 1905, a great scarcity of birds, particularly partridges, was noticed in the depart- ments of Vienne, Deux-Sevres, and Charente, which was attributed to the extensive use of poisons during 1904 to destroy field mice.° Says the editor of Western Field, of San Francisco, Cal.: “ In two or three counties in this State—notably in that of Santa Barbara— the quail, dove, and song birds are being threatened with actual extermination from poison put out by farmers with the intent of kill- ing off the ground squirrel pests. The poison has been scattered indiscriminately over wide areas, and reliable observers keep sending in reports of their finding thousands of dead birds of all kinds, victims of the squirrel bane.” 4 a Praktische Blatter fiir Pflanzenbau und Planzenschutz, vol. 1 (new series), pp. 112-116, November, 1903. 6 Journal d’Agriculture Pratique, vol. 9 (new series), No. 22, pp. 708-710, 1905. ce Journal d’Agriculture Pratique, Sept. 14, 1905, p. 327 (quoting the journal Temps). . d Western Field, vol. 8, No. 1, p. 57, February, 1906. Tes eae SO ae we thin. ate ie ad POISONING FIELD MICE. 59 ADDITIONAL METHODS OF POISONING. The following recipes and recommendations contain useful hints to farmers who for any reason do not wish to follow the recommenda- tions already made: To protect trees from mice we take blocks of wood 6 inches in length by 38 in diameter, and with a six-quarter auger bore a hole 4 inches in depth. Mix a dessert spoonful of arsenic with a quart of corn meal, or in that propor- tion, put one spoonful in each box prepared as above, and put it under each tree beneath the mulch. Renew the meal once or twice each year. This process is a sure protection.—Lewis H. Spear, in U. 8S. Agricultural Report for 1852, p. 153. Different poisonous preparations have been used with effect on these vermin. The following are among the best: Two ounces of carbonate of barytes, mixed with a pound of suet or tallow; place portions of this within their burrows or about their haunts. It is greedily eaten, produces great thirst, and death ensues after drinking. This is an effective poison, as it is both tasteless and odorless. Or, Two ounces finely powdered arsenic, 2 ounces lard, 10 drops oil of rhodium, mixed with flour or meal into a thick dough, and pills of it scattered about the orchard and nurseries.—H. A, Samuels, in U. 8S. Agricultural Report, 1863, De 2 te. These animals (JJ. agrestis) had devoured the succulent fiower stems of some hundred Lobelia cardinalis. and the fleshy stems of Pampas grass (Arundo conspicua). After making a number of futile experiments, I noticed the ani- mals feeding on dandelion seeds. Securing some ripe heads of dandelions and cutting off the down, I steeped them in a solution of strychnine and laid them in the runs of the voles. In a few days I had exterminated all of them from the garden.—D. Melville, in Annals of Scottish Natural History, January, 1893, pp. 41-42. In the month of February half a ton of one-and-a-half inch drain tiles were laid down separately throughout the plantations and a teaspoonful of oatmeal was placed in each, which was soon discovered and eaten by the mice. Phos- phorus paste was then added to the meal and latterly small quantities of arsenic. The plan succeeded perfectly, and in a very short time they were all destroyed.—Sir Robert Menzies, Rannock, Perthshire, Scotland. A mixture of four-fifths flour and one-fifth arsenic is introduced by the aid of a small palette knife into the middle of a drain pipe with an internal diameter of about 3 centimeters (14 inches), and this pipe is then put near the holes of the mice.—Recommended by the French Minister of Agriculture in a letter to the British Vole Commission of 1892. I shell out pumpkin seed, grind it into meal, and mix with strychnine. This is put into a tomato or corn can, the sides bent flat, so that no other animal can get at the meal, and the can then laid on the side. It is a great success.— Method used by Fred. Noerenberg, Cascade Springs, 8. Dak. FUMIGATION. Generally speaking, the various methods of fumigation for de- stroying field mice are unsuccessful. Nearly all the species have numerous burrows, and it is difficult to determine the occupied ones. To insure success, therefore, all the burrows must be fumigated, and the amount of labor and material involved makes the methods too 60 AN ECONOMIC STUDY OF FIELD MICE. expensive. However, occasionally carbon bisulphid may be used to advantage, especially with pine mice. A little of the liquid is poured upon a piece of rag or other absorbent material and this pushed into the burrow, which at once should be closed with soil to confine the gas. MICRO-ORGANISMS. The efforts of Loeffler, Danysz, Mereshkowski, and other European bacteriologists to destroy field mice by means of infectious diseases have been partially successful, but as yet no disease appears to have been found that is really contagious. As long, therefore, as infec- tion can be effected only by direct inoculation or through the food, the methods have little, if any, advantages over ordinary poisons. The Biological Survey, cooperating with the Bureau of Animal Industry, is engaged in experiments with various micro-organisms for destroying field mice and other rodents, and practical results along these lines may yet be reached. RECOMMENDATIONS TO FARMERS. When conditions are unusually favorable for an increase of voles, the farmer should put forth all possible efforts to repress them. With cooperation among the farmers of a district serious losses may readily be prevented. The danger lurks outside of cultivated areas and in the swamps, forests, and waste places along fence rows and small brooks that harbor weeds and underbrush. It is by giving at- tention to these and by reducing to a minimum the extent of shelter for mice that the farmer can most successfully protect his crops. A second important consideration is the protection of animals and birds that prey upon field mice. The farmer should by all means acquaint himself with the food habits of the various species of wild animals of his vicinity, to the end that he may distinguish friend from foe. Every farmer can do much in his community to help form an enlightened sentiment in favor of beneficial birds, mammals, and other animals. PREVENTION OF INJURY TO ORCHARDS AND NURSERIES. Injury to orchards and nurseries by field mice may generally be prevented by forethought and the exercise of ordinary care. Of first importance, always, is clean tillage. No grass or weeds should be left in or near the nursery. So well is this understood by the ma- jority of experienced nurserymen that by clean tillage they secure practical immunity from the ravages of mice except in winters of deep and long-lying snow. If grass and weeds are destroyed in fence corners and waste lands near the nursery, complete immunity from mice ravages can be depended upon even in winters of deep snow. Unfortunately, nurserymen can not control the lands which environ their trees, and when snow falls to a considerable depth prompt measures are sometimes necessary to keep mice from destroying them. RECOMMENDATIONS TO FARMERS. 61 This can be accomplished most readily by dragging a heavy log or stick of timber several times around each block of trees, packing the snow so firmly that mice can not tunnel under it. If this precaution is taken promptly after the first snow fall, subsequent falls will re- quire but little attention. Some nurserymen plow furrows on both sides of the trees, throwing up the soil in a ridge along the rows; but the expedient is of doubtful utility. Much of what has been said about the nursery will apply as well to young orchards. Clean cultivation is equally important, and under no circumstances should matted grass be allowed around the trunks of trees or litter be permitted to accumulate in the orchard or along its borders. In case of heavy snows, dragging should be resorted to or the snow stamped down carefully around each tree. In the absence of snow, a cleared space of about 18 inches radius about the trunk of each tree is enough to prevent damage. The surface of the cleared space should be as smooth as possible, as even clods of earth may afford shelter for mice. If any part of the orchard is so located as to be subject to snow- drifts and mice are abundant in the vicinity, tree protectors should be used. These may be had of dealers for 60 to 75 cents per hundred or they may be made by the farmer. Those offered for sale are usu- ally wood veneers of some sort. In California the wood of a yucca (Yucca brevifolia) is utilized for the purpose. Strips of wire cloth make excellent protectors, and tarred paper is a favorite with some horticulturists. The wire cloth or paper is cut into strips about 7 inches wide and at least 15 inches long. A strip is secured around each tree with wire or cord. Tarred paper should never be used on very young trees, and when used on others should not be left in place during the summer, since it may injure the growing tree. Various paints and washes have been recommended to prevent attacks of mice and rabbits in orchards. The majority of these are without merit and some of them are lable to kill young trees. Some of the washes require renewal after every hard rain. In experiments with a wash of whale-oil soap, crude carbolic acid, and water, for apple trees, it was found that in about forty-eight hours the carbolic acid had so far evaporated that mice renewed their work upon the bark. Blood and grease, said to give immunity from rabbit attacks, would invite the attacks of field mice. Reports recently received by the Biological Survey seem to indicate that the ordinary lime-and-sulphur wash, recommended for the winter spraying of trees to destroy the San Jose scale, is an effective pre- ventive of the attacks of both mice and rabbits. Personal observa- tions during the winter of 1906-7 indicate that this claim is well founded. Several correspondents state that they have tried the wash successfully, and the matter is worth further investigation. The wash is very cheap (from 1 to 2 cents a gallon when prepared in 45 to 50 62 AN ECONOMIC STUDY OF FIELD MICE. gallon quantities) and is easily applied to the trunks of trees either in the form of a spray or by the use of a brush. One thorough appli- cation in November would probably be effective for the entire winter. The ingredients of the wash are 20 pounds of unslaked lime, 15 pounds flowers of sulphur, and water to make 45 to 50 gallons. The mixture should be boiled in an iron kettle at least an hour and applied to the trees while warm.¢ Winter mulching of trees is dangerous, unless the neighborhood is known to be free from mice. Mulch containing straw may be placed in the orchard in spring, but it should be removed before the approach of cold weather. Fine, thoroughly rotted manure may be used in the orchard with but little danger. Lime or ashes about the trunks of trees has some value in keeping off mice, but clean cultivation is equally or more effective. REMEDIES FOR INJURED TREES. When trees are girdled by mice, portions of the inner bark (cambium layer) are often left, partly covering the hard wood below. If sunlight and wind have free access to the injury, the remaining bark dries up and the tree dies. If light and air are excluded, new bark will form and the wound quickly heal over. To facilitate the healing process, it is important that wounds be covered as soon as possible. As a covering for wounded trees, wax, paint, strips of cloth, clay, and cow dung have been recommended, but none of them has any advantages over fresh, loose soil. Unless the ground is frozen, this is always available and easily applied to wounds near the ground. All that is needed is to mound up the soil about the trunk of the tree high enough to cover the wound. Allowance should be made for settling of the soil, and the covering should remain during the entire summer. Plate VIII shows trees 5 inches in diameter which were completely girdled by mice in December, 1903. Soil was heaped about the trunks in January, 1904, and allowed to remain until May, 1905, when it was removed and the photographs made. New bark completely covered the wounds, leaving slight visible scars. If large fruit trees are injured high up, as sometimes happens when snow is drifted about them and mounding up the soil is imprac- ticable, there are other means of saving them. If the injury is not too extensive, grafting wax should be apphed to the wounds and the tree wrapped with strips of cloth. If, hewever, the cambium be eaten through over considerable surface, bridge grafting may be resorted to. Bridge grafting is not difficult. It consists in bridging over the girdle of eaten bark by means of scions or small twigs of the same kind of tree. The injured bark at the top and bottom of the wound should be cut back to live, healthy tissue and small clefts or notches aSee Yearbook U. S. Dept. of Agriculture, 1906, pp. 429-446, Lime-sulphur Washes for the San Jose Seale. REMEDIES FOR INJURED TREES. 63 - made in it. The ends of the scions are then cut to fit these notches, the scion itself being left shghtly longer than the span of the injury, ‘so that they may be sprung into position and held firmly. The cambium layer of tree and scion should meet over as much surface as possible. Some operators use a chisel to cut the notches and a small nail or tack at each end to hold the scion in position. The last step is to cover all exposed cut surfaces with grafting wax or to bind all with waxed cloth so as to exclude air until the scions are firmly united with the tree. If young orchard trees are but slightly injured a covering of graft- ing wax may be applied with good results, though a covering of soil is equally effective. The usefulness of paints for damaged trees de- pends both upon the stage of growth and the composition of the paints. Some are said to lull trees if applied in the spring. Coal tar will do the same, as the writer learned by costly experiment. Pine tar has been highly recommended for wounded trees, but it has been known to kill young peach trees to which it was applied to keep away mice. For nursery stock badly injured by mice there is no remedy. When the injury is slight the wounds may be covered with wax or soil and will heal over in a season, delaying sale for a year. This applies to both deciduous trees and evergreens. In the case of young trees, when the injury is considerable the tops may be cut out and new ones erown more quickly than fresh stock, but this is possible only when the wounds are well above the original graft. In the case of valu- able or rare sorts bridge grafting may be resorted to, but for ordi- nary stock it is cheaper to pull up the injured trees and grow new ones. SUMMARY. Field mice, because of their small size, secretive habits, and great fecundity, often become a menace to farm and orchard crops in many parts of the country. In the Old World, as well as in America, cor- rective measures begun after a plague of the animals is in full progress have usually proved ineffectual. Preventive measures, if carefully carried out, are sufficient to avoid serious losses. Among the more important measures for preventing ravages by field mice are the following: 1. Protection of the natural enemies of field mice, particularly owls, most hawks, shrikes, snakes, skunks, badgers, and most species of weasels. 2. Elimination of the breeding grounds of field mice by draining swamps and cleaning waste places that afford the animals harborage. 3. Periodic plowing of grass and other lands for the rotation of crops. 4. Clean cultivation of corn and all other crops, and especially of orchards and nurseries. 64 AN ECONOMIC STUDY OF FIELD MICE. 5. Clean mowing of grass lands and permanent meadows, so that — no old grass is left over winter. 6. Careful burning about orchards and gardens of weeds, trash, and litter of all kinds that may serve the animals for winter shelter. 7. When necessary, the burning of dead grass in meadows and pas- tures. This, however, should not be delayed till late spring, when ground birds are nesting. LITERATURE. Readers of this bulletin who desire further knowledge of the classi- fication and life history of field mice or of the historical accounts of their ravages, may, in addition to articles found in general works on mammals, consult the following: BAILEY, VERNON. Revision of American Voles of the Genus Microtus. N. A. Fauna No. 17, Washington, 1900. Bos, J. RitrzeMA. Tierische Schidlinge und Ntitzlinge, pp. 89-101. Berlin, 1891. CovuEs, Evtiotr. Monographs of North American Rodentia. Muridz. 1877. CRAMPE, Dr. Huco von. Die gewerbsmiissig hergestellten Mittel zur Vertilgung von Feldmiusen und anderen schidlichen Nagern. Landw. Jahrb., Band 12, pp. 450, 458, 545-561. ; DouGLAs, SYLVESTER, Lord GLENBERVIE. An account of the unexampled devas- tations committed by Field Mice in the-Forest of Dean, in Gloucestershire, and in New Forest, in Hampshire, during the years 1813 and 1814. Zoolog- ical Journal, vol. 1, pp. 483-444, Jan., 1825. Gowpy, J. K. U.S. Consular Reports, vol. 75, No. 282, pp. 417-419, 1904. HARTING, J. E., and others. Report of the Departmental Committee on a Plague of Field Voles in Scotland, 1893. —. Observations on the Common Field Vole of Thessaly. Zoologist, vol. 51, pp. 1389-145. 1893. s HEENAN, THoMAS. A Plague of Mice in Russia, 1893-5. U. S. Consular Re- ports, vol. 50, pp. 5389-540. HIILTNER, Dr. LORENZ. Bericht tiber die von der Agrikulturbotanischen Anstalt durchgefiihrten Versuche zur Bakimpfung der Feldmiuse. Prak. Blatter fiir Pflanzenbau und Pflanzenschutz, new series, vol. 1, No. 9, pp. 97-102, 112-116. 1908. Hupson, W. H. The Naturalist in La Plata, chapter 3, A Wave of Life pp. 59-68. London, 1892. KENNICOTT, ROBERT. The Quadrupeds of Illinois. Report of Commissioner of Patents: Agriculture, 1856, pp. 84-90, 97-105. LA Harps, S. G. Dre. Le Campagnol des Champs. Jour. d’Agr. Pratique, Mar. 3, 1904, pp. 278-290. MAXWELL, Sir HERBERT. Farm Vermin, Helpful and Harmful, chapter 1, Voles, pp. 1-10. London, n.d. (1894.) Mitiais, J. G. Mammals of Great Britain and nein Vol. Il, pp. 233-299. 1905. MILLER, GERRIT S., Jr. Genera and Subspecies of Voles and Lemmings. N. A. Fauna, No. 12, Washington, 1896. NISBET, JOHN. Farm Vermin, Helpful and Harmful, chapters 6 and 7, Enemies of Woodland and Nurseries, pp. 51-68. (1894.) The Vole Plague in France. The Field (London), April 23, 1904, p. 695. The Vole Controversy. Land and Water, June 10. 1893, pp. 581-582. O Sh wy rn a; i a t LS _2. > 2 eee pry er 2 )) ww Te , >)» JD ; ? yy ae P LYYPD ID 2D A» apy ») ) 92)92 bd) a 1 ba? ae eee oo 1) Da e) za 2 OD é, od are py. yi > > ee 2? 2 WZDpa K— SD » ,% oy j +» ayy J. ADDY OD IMs vy, AY prs a Lae 7 JY wV IW DS 7 yd? PY YY yn Dm DD» VLy ys? a we a) yp» BN ai MN Vim? 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